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cp05-26-1998 cA& Ah A&
NU
SUNDAY
MONDAY
TUESDAY
1998
24
-25-
-26-
7:00 a.m. — Leadership Team in
HUTCHINSON
MEMORIAL DAY
Library Conf. Room
CITY
OBSERVED
9:00 a.m. — Management Team in
CALENDAR
Main Conf Room
City Offices Closed
4:00 p.m. — Council/Director
Budget Workshop
WEEK OF
Main Conf. Room
May 24 to May 30
5:30 p.m. - City Council Meeting
Council Chambers
7:30 p.m. - Public Hearing — Joint
meeting County Brd. &
City Council — Council
Chambers
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-27-
-28-
-29-
30-
CONFERENCE /SEMINAR/
VACATION
5125-29 Cal Rice (V)
3:00 p.m. — Utilites Commission
5:30 p.m. — Tree Board Meeting
5/ 25 -29 Connie Maki (V)
Meeting
City Center
C = Conference
M = Meeting
S = Seminar
V = Vacation
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MAY 26, 1998
INVOCATION — Rev. Robert Brauer, Seventh Day Adventist Church
INTRODUCTION OF NEW POLICE OFFICER GREG NADEAU
un.Iyr
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT — APRIL 1998
2. FINANCIAL /INVESTMENT REPORT — APRIL 1998
3.' PLANNING COMMISSION MINUTES OF APRIL 21, 1998
4. POLICE CIVIL SERVICE COMMISSION MINUTES OF APRIL 28, 1998
(b)
RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 98 -225 — ORDINANCE ESTABLISHING CUSTOMER
SERVICE STANDARDS WITH RESPECT TO TRIAX
TELECOMMUNICATIONS COMPANY (SECOND READING AND
ADOPT)
(c)
"ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR
HUI'CHINSON JAYCEES (RODEO AT MCLEOD COUNTY FAIRGROUNDS,
JULY 17-18,1998)
(d)
DELINQUENT WATER AND SEWER ACCOUNTS
(e)
PRELRvIINARY PLAT FOR BROLL'S SECOND ADDITION LOCATED SOUTH
OF ORCHARD AVENUE SE REQUESTED BY DAVID BROLL (ADOPT
RESOLUTION NO. 11013)
(f)
REZONING OF THREE 5 -PLEX UNITS IN BROLL'S SECOND ADDITION
FROM R -1 TO R -3 (FIRST READING OF ORDINANCE AND SET SECOND
READING FOR JUNE 9, 1998)
(g)
CONDITIONAL USE PERMIT TO CONSTRUCT THREE 5 -PLEX UNITS
LOCATED IN BROLL'S SECOND ADDITION REQUESTED BY DAVID
BROLL (ADOPT RESOLUTION NO. 11014)
•
(h)
REZONING OF LOT SPLIT LOCATED AT 1115 HWY. 7 WEST (TOM
CITY COUNCIL AGENDA — MAY 26, 1998 49
THUMB PROPERTY) FROM C -4 TO C -2 REQUESTED BY TONY GIKAS
(FIRST READING OF ORDINANCE AND SET SECOND READING FOR JUNE
9, 1998)
(i) VARIANCE TO REDUCE LOT DEPTH FROM 150' TO 144' LOCATED AT
1115 HWY. 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY
GIKAS (ADOPT RESOLUTION NO. 11015)
(j) CONDITIONAL USE PERMIT TO CONTINUE SCHOOL OPERATION IN
FORMER BETHANY BAPTIST CHURCH LOCATED AT 800 GROVE STREET
REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE
(ADOPT RESOLUTION NO.11016)
(k) PRELIMINARY AND FINAL PLAT KNOWN AS ISLAND VIEW HEIGHTS
THIRD ADDITION SUBMITTED BY BILL GILK (ADOPT RESOLUTION
NO.11019)
(1) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 10.03,
REGARDING PARKING RATIO FOR FURNITURE STORES WmT READING
OF ORDINANCE AND SET SECOND READING FOR JUNE 9, 1998)
(m) FINAL PLAT KNOWN AS THE MEADOWS SUBMITTED BY SCOTT AND
BART BRADFORD (ADOPT RESOLUTION NO. 11020)
(n) RECOMMENDATION REGARDING CONTINUED USE OF A NON-
CONFORMING WAREHOUSE (TRY CYCLE — 261 3 RD AVE.) IN THE C -5
DISTRICT
(o)
(P)
(q)
CONSIDERATION OF "RESOLUTION ESTABLISHING LOCATION OF
TRAFFIC CONTROL DEVICES" (No Parking on South side of Century Ave. 50'
either side of Ridgewater College) (ADOPT RESOLUTION NO. 11021)
CONSIDERATION TO EMPLOY BONESTROO, ROSENE, ANDRILIK, AND
ASSOCIATES TO ASSIST WITH PREPARATION OF MIGHT DUCKS GRANT
APPLICATION
CONSIDERATION OF BID FOR HUTCHINSON MEDICAL CENTER EXAM
ROOM RENOVATION
Action - Motion to approve consent agenda
mmm: :I
03
7.
— NONE ( 7'3o
(a) CONSIDERATION OF PROPOSAL FOR CONSULTING SERVICES FOR
FEASIBILITY REPORT ON SOUTH AREA TRUNK SANITARY AND STORM
SEWER IMPROVEMENTS (DEFERRED MAY 12, 1998)
Action — Motion to reject — Motion to approve
•
CITY COUNCIL AGENDA — MAY 26, 1998
. lei DMI
(a) CONSIDERATION OF PRELIMINARY AND FINAL PLAT KNOWN AS
APPLEBEE'S ADDITION SUBMITTED BY APPLEBEE'S INTERNATIONAL TO
CONSTRUCT AN APPLEBEE'S RESTAURANT LOCATED AT 1305 HWY. 15 S.
(ADOPT RESOLUTION NO. 11017) and VARIANCE REQUESTED BY
APPLEBEE'S TO REDUCE PARKING SETBACK LOCATED AT APPLEBEE'S
RESTAURANT, 1305 HWY. 15 S. (ADOPT RESOLUTION NO. 11018) and
CONSIDERATION OF DEVELOPMENT AGREEMENT FOR APPLEBEE'S
SUBDIVISION
Action — Motion to reject — Motion to approve
(b) PRESENTATION BY HOSPITAL ADMINISTRATOR PHIL GRAVES
(c) CONSIDERATION OF RECOMMENDATION FROM COMMUNITY NEEDS
TASK FORCE TO NAME CONSULTING FIRM FOR FEASIBILITY STUDY
Action — Motion to reject — Motion to approve
(d) CONSIDERATION OF WATER AND REFUSE BILLING AND COLLECTION
POLICY
• Action — Motion to reject — Motion to approve
9. MISCELLANEOUS
(a) COMMUNICATIONS
11�4 1K\lu6 W @"Lei W : 1 ►. 1 :.: 10
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds
NNEE MPHIM : ►lul
•
PUBLIC HEARING
JOINT DISPATCH SERVICES BETWEEN MCLEOD COUNTY AND
THE CITY OF HUTCHINSON
TUESDAY, MAY 26,1998,7:30 P.M.
Hutchinson City Center — 111 Hassan St. SE
AGENDA
1. Service Delivery
2. Possible Locations to E%aluate
3. Other Citizen Questions or Concerns
CITY OF HUTCHINSON
BUILDING / PLANNING / ZONING DEPARTMENT
111 HASSAN STREET S.E. HUTCHINSON. MN 55350 PHONE: 612. 274.4216 FAX 612334 -4240
Anril 1QQR
• Total Permits 107 Total Valuation $1,980,052.00
r�
NEW RESIDENTIAL
PRIVATELY OWNED
PUBLICLY OWNED
HOUSEKEEPING
Item
Number oi vahato I of
Number of veaulion d
BUILDINGS
No.
Buildings Housing corslructian
Bulldings Houa.q carotruction
Units Omt cords
Unit Omni urns
PI
c I
el
Singa4amay houses, detstlred
E�' lcmn
101
Singlo-lamity houses,.ftd d
$operated q' yglid b IM I,✓.
+/o v,n a6rn� ar eeUr, era
102
'$4WIIITIM { /IMWe
Twa-tarnily bumicings
103
Three- and fouml build)
104
Fry -more faml
105
TOTAL: SM of 101 -105
109
NEW RESIDENTIAL
PRIVATELY
OWNED
PUBLICLY OWNED
NONHOUSEKEEPING
Item
Number
Of
Valuation of
Number d
Vakmbon d
BUILDINGS
No.
ooms
c trucbon
s
construction
Omd cants
Onwl owns
e)
c
dI
e 0
Hotels, motet, and toVisl
(treneiera eoconeradetlmon lys 1
)
Z73
Other nonhousakeepi g shaker
214
NEW
PRIVATELY OWNED
PUBUCLYOWNED
NONRESIDENTIAL
Item
Narber vacation of
Number of Valuation 01
BUILDINGS
No,
Of ocratrctbn
BWldings catatrcaon
Bu Ornt
Omdl cans
a
tl (e)
Amusement, social, and recreational
315
11 13
Churches and other rellglous
710
Industrial
320
Parking garages buildings { open decked)
221
Service stations and repair garages
772
Hoeplale and institutional
227
Offices, baU, and prolesalorW
324
Pubac works and unites
325
Schools end other educational
325
Stares and customer services
327
Other nonresidential buildings
325
Strictures other Than buildings
720
ADDITIONS,
PRIVATELY
OWNED
PUBLICLY OWNED
ALTERATIONS,
Item
Number
Valuation of
Number d Valuation of
AND CONVERSIONS
No.
of
corsinxflon
Buildings construction
&ddnga
Omd cant
Omit cons
(a)
(b)
(c)
_
(d) (a)
ResidaNial Gau/y eASSone d
434
garages °"d canoe s in tlem 13w
18
179,226
Nonresldemiai and nonMaueekeepi g
437
15
269
Addslota of resderdal garages and
435
Carports (allmhed and delached(
9
18-920
DEMOLITIONS
PRIVATELY
OWNED
PUBLICLY OWNED
AND RAZING
Item
Number
Number of
Number of Number of
OF BUILDINGS
No.
of
Housi units
Buildings Housing wins
Buildings
al
(c)
e)
Single - family houses (enaclad and
545
deucw)
Tw smy buildings
645
Three snot four -lamiy builds g,
647
Frve or-more lamlty buadrga
015
W other buildings and structures
640
• Total Permits 107 Total Valuation $1,980,052.00
INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE
Please provide the following information for each permit authorizing construction valued at $500,000 or more
entered in arry of the above sections
Item No
from
above
sections
(a)
Description
(b)
Name and address of
owner or builder
(c)
Ownership
Mark ()Q
one
(d)
Valuation of
constriction
Omit cents
Number
of
Hous'eg
units
Bulldings
(g)
318
tend of budding
p( private
Public
$ 1,116,313
1
Site address
766 Uitury Ave
inn MN
tend of building
❑ Private
❑ Public
$
Site address
IGnd of building
Cl Private
❑ Public
$
Site addross
Kind of building
❑ Private
❑ Public
$
Site address
Comments
Are you aware of any new permil-Issuing jurisdictions? ❑ No ❑ Yes - Please give additional information in comments.
Name of person to contact regarding this report
James G. Marka
Telephone
Area code
Number
-
Extension
Title D irector of Building Planning
•
0
E
1998
APRIL
REVENUE REPORT - GENERAL
*TAXES
LICENSES
PERMITS AND FEES
INTERGOVERNMENT REVENUE
CHARGES FOR SERVICES
FINES & FORFEITS
INTEREST
SURCHARGES - BLDG PERMITS
CONTRIBUTIONS FROM OTHER FUND
REIMBURSEMENTS
SALES
TOTAL
EXPENSE REPORT
GENERALFUND
MAYOR & COUNCIL
CITY ADMINISTRATOR
ELECTIONS
FINANCE
MOTOR VEHICE
ASSESSING
LEGAL
PLANNING
POLICE DEPARTMENT
SCHOOL LIAISON OFFICER
EMERGENCY MANAGEMENT
SAFETY COUNCIL
FIRE DEPARTMENT
FIRE MARSHAL
PROTECTIVE INSPECTIONS
ENGINEERING
STREETS & ALLEYS
STREET MAINTENANCE A/C
CITY HALL
2-1 V JWc - TSIT"k
RECREATION
SENIOR CITIZENS CENTER
CIVIC ARENA
PARK DEPARTMENT
RECREATION BUILDING & POOL
LIBRARY
CEMETERY
DEBT SERVICE
AIRPORT
TRANSIT
COMMUNITY DEVELOPMENT
UNALLOCATED
TOTAL
1
CITY OF HUTCHINSON FINANCIAL REPORT
APRIL YEAR TO ADOPTED
MONTH DATE ACTUAL BUDGET
APRIL
1998
BALANCE ERCENTAGE
REMAINING USED
1,631.73
1,631.73
1,538,854.00
1,537,222.27
0.11%
3,440.00
17,395.50
25,250.00
7,854.50
68.89%
21,499.90
54,174.87
170,050.00
115,875.13
31.86%
18,779.23
61,142.93
2,536,051.00
2,474,908.07
2.41%
15,862.46
189,663.21
1,143,074.00
953,410.79
16.59%
6,104.50
14,988.85
66,000.00
51,011.15
22.71%
24,728.35
96,932.73
100,000.00
3,067.27
96.93%
1,018.70
1,078.63
1,000.00
(78.63)
107.86%
200.00
177,263.00
1,181,500.00
1,004,237.00
15.00%
(1,173.12)
15,026.50
37,500.00
22,473.50
40.07%
0.00
0.00
8,300.00
8,300.00
0.00%
92,091.75
629,297.95
6,807,579.00
6,178,281.05
9.2%
4,741.20
19,121.04
61,289.00
42,167.96
31.2%
15,612.90
65,158.35
193,678.00
128,519.65
33.6%
0.80
1,369.82
6,800.00
5,430.18
20.1%
17,891.00
103,880.34
324,562.00
220,681.66
32.0%
12,848.00
44,917.95
138,414.00
93,496.05
32.5%
0.00
0.00
29,869.00
29,869.00
0.0%
7,248.70
29,679.77
87,900.00
58,220.23
33.8%
4,883.90
18,132.22
47,909.00
29,776.78
37,8%
125,174.00
551,462.32
1,693,236.00
1,141,773.68
32.6%
4,102.30
28,595.97
111,646.00
83,050.03
25.6%
168.80
12,329.65
2,500.00
(9,829.65)
493.2%
0.00
0.00
250.00
250.00
0.0%
3,757.40
38,316.78
236,980.00
198,663.22
16.2%
882.00
6,659.81
0.00
(6,659.81)
- --
12,298.10
53,599.48
154,468.00
100,868.52
34.7%
27,053.50
120,096.77
407,983.00
287,886.23
29.4%
40,038.70
186,775.06
620,902.00
434,126.94
30.1%
8,286.70
42,169.81
89,400.00
47,230.19
47.2%
8,233.10
35,996.03
91,721.00
55,724.97
39.2%
9,583.50
45,656.84
149,569.00
103,912.16
30.5%
8,135.80
40,994.46
211,381.00
170,388.54
19.4%
5,948.60
26,629.97
102,346.00
75,716.03
26.0%
13,301.10
74,970.63
190,291.00
115,320.37
39.4%
56,588.40
188,344.96
643,795.00
455,450.04
29.3%
4,990.90
30,339.50
92,090.00
61,750.50
32.9%
21,591.50
47,454.85
108,077.00
60,622.15
43.9%
5,057.70
9,737.26
100,667.00
90,929.74
9.7%
700.00
5,484.50
87,134.00
81,649.50
6.3%
1,578.20
8,072.77
43,160.00
35,087.23
18.7%
9,787.10
44,800.18
113,201.00
68,400.82
39.6%
2,498.40
4,734.11
88,376.00
83,641.89
5.4%
13,553.40
199,521.06
577,985.00
378,463.94
34.5%
446,535.70
2,085,002.26
6,807,579.00
4,722,576.74
30.6%
4 A. Cad
APRIL 1998 CITY OF HUTCHINSON FINANCIAL REPORT - 1998 APRIL 19
ENTERPRISE FUNDS
REVENUE REPORT - LIQUOR FUND
MONTH OF
YEAR TO
ADOPTED
BALANCE
CENTAGE
APRIL
DATE ACTUAL
BUDGET
REMAINING
USED
.
LIQUOR SALES
58,178.42
231,926.80
829,000.00
597,073.20
28.0%
WINE SALES
22,804.47
84,119.32
314,000.00
229,880.68
26.8%
BEER SALES
108,065.09
367,632.30
1,358,000.00
990,367.70
27.1%
BEER DEPOSIT
(95.80)
(519.12)
0.00
519.12
0.0%
MISC. SALES
8,463.04
29,858.52
140,000.00
110,141.48
21.3%
LOTTERY SALES
579.67
1,260.67
2,900.00
1,639.33
43.5%
REFUNDS & REIMBURSEMENTS
0.00
0.00
0.00
0.00
0.0%
CASH DISCOUNTS
(1,862.43)
(6,345.85)
(21,700.00)
(15,354.15)
29.2%
INTEREST
(16.96)
2,879.21
6,000.00
3,120.79
48.0%
TOTAL
196,115.50
710,811.85
2,628,200.00
1,917,388.15
27.0%
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
16,740.12
74,421.46
231,412.00
156,990.54
32.2%
REPAIR & MAINTENANCE
1,828.48
4,973.69
13,350.00
8,376.31
37.3%
CONSULTING
0.00
11,795.00
0.00
(11,795.00)
#DIV 101
OTHER SERVICE & CHARGES
2,350.28
7,695.12
66,800.00
59,104.88
11.5%
DEPRECIATION
0.00
0.00
26,000.00
26,000.00
0.0%
DEBT SERVICE
0.00
0.00
35,730.00
35,730.00
0.0%
TRANSFERS
0.00
141,640.11
245,000.00
103,359.89
57.8%
COST OF SALES
141,640.11
519,440.83
2,011,290.00
1,491,849.17
25.8%
MISCELLANEOUS
14.95
425.89
8,100.00
7,674.11
5.3%
CAPITAL OUTLAY
0.00
0.00
3,000.00
3,000.00
0.0%
TOTAL -
162,573.94
760,377.15
2,640,682.00 -
1,880,289.90
28.8%
REVENUE REPORT- WATER
SEWERIFUND
SCORE
50,602.57
83,562.57
131,000.00
47,437.43
63.8%
LICENSES
0.00
0.00
GRANT
OAO
0.00
50,000.00
50,000.00
0.0%
WATER SALES
83,535.97
343,142.13
720,000.00
376,857.87
47.7%
WATER TREATMENT SURCHARGE
1,670.25
9,207.66
0.00
WATER METER
817.00
2,349.00
14,000.00
11,651.00
16.8%
REFUSE SERVICES
43,393.16
213,061.05
484,000.00
270,938.95
44.0%
REFUSE SURCHARGE
4,270.02
21,858.89
55,000.00
33,141.11
RECYCLE BAGS
164.00
142.45
0.00
(142.45)
0.0%
REFUSE STICKER SALES
152.00
433.45
0.00
(433.45)
0.0%
REFUSE RECYCLING
(4,902.00)
(23,526.52)
(10,000.00)
13,526.52
0.0%
COMPOST CREDIT
(709.00)
(3,693.78)
(60,000.00)
(56,306.22)
0.0%
COMPOST & RECYCLE SALES
1,574.00
1,501.17
10,000.00
8,498.83
0.0%
WOOD WASTE CHARGE
104.75
104.75
SEWER SERVICES
164,016.93
721,661.36
1,900,000.00
1,178,338.64
38.0%
PENALTY CHARGES
1,209.72
5,982.19
18,000.00
12,017.81
33.2%
INTEREST EARNED
3,562.50
35,631.32
240,000.00
204,368.68
14.8%
LOAN REPAYMENT
411.76
1,647.04
38,630.00
36,982.96
REFUNDS & REIMBURSEMENTS
1.35
1,177.48
3,000.00
1,822.52
39.2%
OTHER
0.00
103.00
6,000.00
5,897.00
1.7%
CONNECTION CHARGES
0.00
0.00
0.00
TOTAL
349,874.98
1,414,345.21
3
2,194,597.20
39.3%
EXPENSE REPORT -WATER
SEWER/FUND
REFUSE
58,051.00
173,781.44
684,479.00
510,697.56
25.4 %
WATER
200,829.78
361,837.40
1,273,982.00
912,144.60
28.4%
WASTEWATER
110,290.96
382,166.54
2,625.214.00
2,243,047.46
14.6%
TOTAL
369,171.74
917,785.38
4,583,675.00
3,665,889.62
20.0%
$8,600,927.07
r( -A 4 '
CITY OF HUTCHINSON
CERTIFICATES OF DEPOSIT
21- May -98
35,916.00
Date
Date
Interest
Of
Of
Institution
Description
Rate
Purchase
Maturity
Amount
TREAS BONDS
644136
7.18%
12/12/91
2/1512001
367,500.00
TREAS BONDS
644137
7.13%
12/12/91
10/15/98
302,437.50
Smith Barney
GNMA 865M7
6.70%
9/04197
9/042002
200,000.00
Smith Barney
313400 S H 7
5.00%
12/30/93
03/10/00
300,000.00
Prudential
pool 336914
7.226%
1231 96
0201 2026
145,046.57
Expected fife 6.2
years
Smith Barney
FNMA
6.100%
01 2098
01 2005
300,000.00
Prudentail
pool 336399
7.270%
1231 96
0201 2026
148,533.11
Expected life 4.1
years
Citizens, Marquette
4.00%
0425/96
08/012001
100,000.00
Firstate, First Minnesota
Prudential
Fed Home Leon
7.50%
0128/98
0728103
200,000.00
Smith Barney
FNMA
6.09%
12/19/95
12/19/00
500,000.00
Smith Barney
FNMA pass thru
7.50%
1220/95
06/01102
137,409.89
REPAYMENT
W Smiht Barney
FNMA
6.10%
0120/98
0120/05
300,000.00
Marquette
1,635.00
5.900%
11 2697
11 2598
200,000.00
Marquette
1847' 1692
5.75%
03/12!98
03/11/99
500,000.00
Firstate
411,235,266.00
6.30%
05/14/98
05/17/99
600,000.00
First American B
85,577.00
6.00%
05/30/97
0326/98
400,000.00
Firstate
411,248,327.00
5.60%
03/06/98
06/11/98
400,000.00
Marquette
1847'1722
5.75%
03 1298
03 25 99
400,000.00
First Federal
9,052.00
6.250%
05 30 97
05 28 98
400,000.00
First Federal
411,248,152.00
5.75%
10/17/97
0625/98
200,000.00
Marquette
1847'1721
5.750%
03 12 98
041599
400,000.00
1 ST American
5.750%
05 15 98
05 13 99
400,000.00
Citizens Bank
29,838.00
5.900%
11 1397
11 1298
400,000.00
Citizens Bank
29,838.00
5.750%
11 1397
07 29 98
200,000.00
Citizens Bank
29,841.00
5.600%
11 20 97
07 29 98
600,000.00
Firstate
411239086
5.70%
04 17 98
4 15 99
_ 500,000.00
$8,600,927.07
r( -A 4 '
Minutes
HUTCHINSON PLANNING COMMISSION
Tuesday, April 21, 1998
•1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Arndt,
Dave Westlund, Jim Haugen, Jeff Jones, Jeff Haag and Chairman Wood. Absent: Joe Drahos. Also present: Jim
Marka, Director of Building, Planning and Zoning; Bonnie Baumetz, Planning and Zoning; and Barry Anderson, City
Attomey.
CONSENT AGENDA
a) CONSIDERATION OF MINUTES OF REGULAR MEETING DATED MARCH 17, 1998
Mr. Haugen made a motion to approve the minutes dated March 17, 1998. Seconded by Mr. Haag the motion
carried unanimously.
PUBLIC HEARINGS
a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICK MEYER TO MOVE A 14'X 18'
GARAGE ONTO A LOT IN COUNTRY CLUB TERRACE.
Chairman Wood opened the hearing at 5:32 p.m. with the reading of publication # 5150 as published in The
Hutchinson Leader on Thursday. April, 9, 1998. The request is for the purpose of considering a conditional use
permit requested by Rick Meyer to move a 14'x 18' garage onto a lot in Country Club Terrace Mobile Home
Park at 448 California Street NW, Lot 206.
Mr. Marka explained the request, he said the garage did meet the present ordinance requirements for a garage,
also Mr. Meyer has permission from the mobile home park management.
Mr. Arndt made a motion to close the hearing, seconded by Mr. Haugen the hearing closed at 5:35 p.m. Mr.
Haag made a motion to recommend approval with staff recommendations, seconded by Mr. Wesdund the
motion carried unanimously.
b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUNTER'S RIDGE
CHURCH /RIDGEWATER COLLEGE TO OPERATE A DAY CARE IN THE CHURCH BUILDING AT 850
SCHOOL RD SE IN THE R -2 DISTRICT
Withdrawn.
C) CONSIDERATION OF PRELIMINARY PLAT "BROLL'S SECOND ADDITION" REQUESTED BY DAVID BROLL
LOCATED SOUTH OF ORCHARD AVE. SE.
Chairman Wood opened the hearing at 5:36 p.m. with the reading of publication # 5154 as published in The
Hutchinson Leader on Thursday, April 9, 1998. The request is for the purpose of considering a preliminary plat
"Broil's Second Addition" requested by David Broil located south of Orchard Ave. SE.
Mr. Marka explained Mr. Broil's request to construct 3 buildings with five individually owned units in each
building. Mr. Broil has met with staff in a preconstruction meeting, and Mr. Broil is going through the process
of platting and permitting. Planning Staff recommended approval.
Mr. Broll described his proposed plans are for single story townhomes with proposed basement for mechanical
room and bath on Lot 15 only. The units will be sold as individual units. Mr. Broil does not plan on renting any
units. Each unit will have separate utilities and two car garages, the exterior and common area will be
governed by the townhome association agreement. The agreement will also address utility sheds and parking.
Mr. Broil said he meets the density requirements.
Randy Dammann, 115 Orchard Ave. SE, asked how many spaces would be available for off street parking.
1q --,q (�[)
He was concerned with increased traffic on Century Ave. causing a safety problem
Barry Anderson, City Attorney, said the sidewalk issue is being addressed. The parking is an issue the council
will have to address.
Garey Knudsen, 130 Orchard Ave. SE, said he was concemed with safety in the area of the park on Sherwo�
St.. He was also concerned with "creeping" higher density housing.
Duane Thorp, 155 Orchard Ave SE, said he was concerned with safety of the children in the area of the park.
Paul Philipp, 25 Orchard Ave SE, said he would like more information on the size of the development and units
such as two bedroom, four season porch, etc. He also asked the area of this development Mr. Broil said area
would be from Bradford St. to Sherwood Ave. SE. and plans were available for viewing.
Commissioner Haag asked the market range of the units. Mr. Broll said he thought between $110,000 and
$150,000.
Bruce Hakes, 1279 Bradford St SE, asked if this development would generate the same amount of taxes as
single family homes in the area.
Millie Hakes, 1279 Bradford St SE, was concerned with motor homes parking on the street.
Duane Thorp, 155 Orchard Ave SE asked if the association agreement could be in place before the Planning
Commission approved the development.
Mr. Marka said the City Engineer and Police Chief will review the traffic concems of Century Avenue and the
Sherwood St park. The sidewalk is scheduled for construction on Century Avenue in 1999. City Engineer
Rodeberg is working with Ryan Companies and the Hoememan Trust regarding a collector street south of
Century Avenue. Mr. Marka said there is also concern how the hospital expansion will effect the traffic on
Century Avenue.
Mr. Marka said if there were twin homes built on this property, the density requirements would allow 14-16 un�
(6 -8 buildings).
Mr. Marka said after Mr, Broll's attorney has the association agreement completed the staff will set up an
informational meeting at the developers discretion before May 19.
Barry Anderson, City Attomey, said the traffic concern is a City Council issue.
At 6:15 p.m. Mr. Haag made a motion to continue the hearing until next meeting, seconded by Mr. Amdt the
motion carried unanimously.
d) CONSIDERATION OF REZONING FROM R -1 TO R-4 TO CONSTRUCT THREE 5 -PLEX UNITS IN BROLL'S
SECOND ADDITION REQUESTED BY DAVID BROLL LOCATED SOUTH OF ORCHARD AVE. S.E.
Chairman Wood opened the hearing at 5:38 p.m, with the reading of publication # 5155 as published in The
Hutchinson Leader on Thursday, April 9, 1998. The request is for the purpose of considering rezoning from R -1
to R-4 to construct three 5 -plex units in Broil's second addition requested by David Broil located south of
Orchard Ave. S.E.
Mr. Marka said the rezoning to a R -3 District is compliant with the comprehensive plan.
At 6:16 p.m. Mr. Westlund made a motion to continue the hearing until next month, seconded by Mr. Haag the
motion carried unanimously.
e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID BROLL TO CONSTRUCT
THREE 5 -PLEX UNITS ON PROPERTY LOCATED IN BROLL'S SECOND ADDITION REQUESTED t30
DAVID BROLL LOCATED SOUTH OF ORCHARD AVE. S.E.
Chairman Wood opened the hearing at 5:38 p.m. with the reading of publication # 5156 as published in The
Hutchinson Leader on Thursday, April 9, 1998. The request is for the purpose of considering a conditional use
permit to construct three 5 -plex units in Broil's second addition requested by David Broil
At 6:17 p.m. Mr. Westlund made a motion to continue the hearing until next month, seconded by Mr. Haag. The
motion carried unanimously.
• f) CONSIDERATION OF VACATION OF UTILITY AND DRAINAGE EASEMENTS LOCATED IN PADEN'S
ADDITION REQUESTED BY BERNIE MCRAITH
Chairman Wood opened the hearing at 6:22 p.m. with the reading of publication # 5157 as published in The
Hutchinson Leader on Thursday, April 9, 1998. Request is for the purpose of considering a petition requested
by Bennie McRaith, Super 8 Motel, 1200 Highway 15 South to vacate or modify the current utility and drainage
easements between Lots 1 and 2 and Lots 1 and 6, Block 2, Paden Addition for construction of a motel
addition.
Mr. Marka explained Mr. McRaith is planning an addition onto the Super 8 Motel and needs to vacate or modify
the easements. Mr. McRaith owns the lots on both sides of the easement Mr. McRaith and Hutchinson Utilities
will maintain a private electrical easement between lots 1 and 2 and vacate easement between lots 1 and 6.
Mr. Haugen made a motion to close the hearing, seconded by Mr. Haag the hearing closed at 6:25 p.m. Mr.
Haag made a motion to recommend approval with staff recommendations. Seconded by Mr. Jones the motion
carried unanimously.
g) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 8.18 0 FLOOD PLAIN
Chairman Wood opened the hearing at 7:30 p.m. with the reading of publication # 5158 as published in The
Hutchinson Leader on Thursday, April 9, 1998. The for the purpose of considering an amendment to City Code
Chapter 11, Zoning Ordinance #464, Section 8.18 regarding Flood Plain.
Ms. Baumetz explained all references of Section 14 (Municipal Code) to Section 8.18 (Zoning Ordinance).
Mr. Westlund made a motion to close the hearing, seconded by Mr. Haag the hearing closed at 7:32 p.m. M
• Westlund made a motion to recommend approval with staff recommendations, seconded by Mr. Haag the
motion carried unanimously.
h) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.14 - SIGNS (BANNERS IN THE
MAIN ST. AREA) AND C -3 SIGNS
Ms. Baumetz asked to continue consideration of amendment until after the Downtown Sign Review Committee
reviews the ordinance.
Chairman Wood opened the hearing at 7:33 p.m. with the reading of publication # 5159 as published in The
Hutchinson Leader on Thursday, April 9, 1998. For the purpose of considering an amendment to City Code
Chapter 11, Zoning Ordinance #464, Section 10.14 regarding signs in the C -3 District and Banner in the Main
Street Area.
Mr. Westlund made a motion to continue the hearing until June 1998, seconded by Mr. Haag the motion carried
unanimously.
CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 3 - DEFINITION OF GARAGE
Chairman Wood opened the hearing at 7:40 p.m. with the reading of publication # 5160 as published in The
Hutchinson Leader on Thursday, April 9, 1998. For the purpose of considering an amendment to City Code,
Chapter 11, Zoning Ordinance #464, Section 3 regarding definition of a garage.
Ms. Baumetz said the definition of the size of the garage would be changed to read minimum size for single stall
garage is 12' x 20' and double stall 20' x 20'. Garages in residential districts less than 400 square feet require
• a conditional use permit.
Mr. Haag made a motion to close the hearing, seconded by Mr. Jones the hearing closed at 7:45 p.m. Mr.
Haugen made a motion to recommend approval with staff recommendations. Seconded by Mr. Jones the
motion carried unanimously.
3
Hutchinson Planning Commission Minutes
Apn121, 1998
CONSIDERATION OF VARIANCE TO CONSTRUCT A LOADING BERTH AT CROW RIVER PRES•
LOCATED AT 170 SHADY RIDGE ROAD NW.
Chairman Wood opened the hearing at 6:27 p.m. with the reading of publication # 5161 as published in The
Hutchinson Leader on Thursday, April 9, 1998. The request is to consider an application for a variance
submitted by Crow River Press to reduce the loading berth set back from 65' to 43' at 170 Shady Ridge Road
NW.
Mr. Marka explained this is the third revision of the loading berths so the trucks do not encroach into the road
right of way when using the loading berth.
Mark Thies, manager of Crow River Press explained the one existing dock is facing Shady Ridge Road. They
need to keep this dock on the east side because it is in line with the present printing equipment which is
stationary and cannot be moved.
Mr. Charles Warner, President of Crow River Press, said they need to expand and make the changes they are
proposing to keep up with competition.
Mr. Theis said they are getting in a total of 27 trucks a month , 12 straight trucks, 9 -28' pup trailers, 6 to 7 — 48'
trailers. In the next five years they expect 30 to 40% increase of truck traffic.
Jeff Goldsmith, Shady Ridge Road, would like more revision work done on the plans for the loading berths. He
would like the request to be tabled or continued. Mr. Goldsmith doesn't want the recycling trailer parked
permanently. He is concerned with the safety of the children in the neighborhood when riding their bikes or
walking by the area of the trucks. He is concerned with the sight distance problems and the inexperience of
some truck drivers maneuvering into the berths at an angle. -
Mr. Warner said the present berth is straight the proposed berths are at an angle. The drivers should not have
a sight problem.
Barry Anderson, City attorney, pointed out that this is the third revision of the plans. Crow River has been trying
to design a safe workable plan.
Mr. Goldsmith suggested Crow River Press change the size of their building to permit more room for truck
entrance.
Jim Haugen stepped down from his position as planning commissioner and explained the revisions they have
made. They are 5' back from the curb with no encroachment onto roadway. They meet ordinance requirements.
Mr. Arndt made a motion to close the hearing, seconded by Mr. Haag the hearing closed at 7:15 p.m. Mr.
Westlund made a motion to recommend approval with staff recommendations, seconded by Mr. Arndt the
motion carried. Mr. Haugen abstained from voting.
k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BREMIX CONCRETE CO. TO
REPLACE EXISTING KILN AND ADD 16'X 50' KILN IN THE 1 -1 DISTRICT LOCATE AT HWY 311 HWY 7
EAST.
Chairman Wood opened the hearing at 7:15 p.m. with the reading of publication # 5162 as published in The
Hutchinson Leader on Thursday, April 9, 1998. The request is to consider an application for a conditional use
permit by Bremix Concrete Company /Amcon Block Company to replace existing kilns and add a 16' x 50'
addition to same kiln in a 1 -1 zoning district located on 311 Hwy 7 East.
Mr. Marka explained The cement batch plant will be relocated to the 1 -2 District or outside the City limits in 190
The cement batch operation will stay the same. The concrete truck traffic will be reduced by approximately one -
half. Hours of crusher operation will be reduced and limited between 10 p.m. and 7 a.m.
Hutchinson Planning Commission Minutes
April 21, 1998
Dave Pederson, owner of Amcon Block Company, explained the noise decimal will go down. Possibly there
• may be more on site storage. Once a year they will bring in a crusher for aggregate crushing.
Mr. Marka recommended crushing only between the hours of 7 a.m. and 10 p.m.
Mrs. BemadineTelecky, 321 Hwy 7E, was concerned with the noise. She said in the past trucks started at 3:00
a.m. in the morning. Also, plastic from the blocks blow into her yard. She was stating her expectations for the
new owner.
Mr. Arndt made a motion to close the hearing, seconded by Mr. Haag the hearing closed 7:30 p.m. Mr. Arndt
made a motion to recommend approval with staff recommendations, seconded by Mr. Jones the motion carried
unanimously.
NEW BUSINESS -
a) CONSIDERATION OF SIX MONTH EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY
AUGUSTA HOUSING.
Mr. Wesdund made a motion to recommend approval with staff recommendations. Seconded by Mr. Haugen
the motion carried unanimously.
b) DISCUSSION OF PARKING RATIOS FOR FURNITURE STORES
Mr. Marka said they a proposing 1 space per employee plus 1 space per 1,000 sq. ft. of warehouse or display
Area.
C) DISCUSSION OF ORDINANCE REGARDING LOADING BERTHS SECTION 10.02
Bring back for discussion next month.
5. OLD BUSINESS
a) Review of Section 10.10 - 10.15 of the Zoning Ordinance (Will review in May)
COMMUNICATION FROM STAFF
ADJOURNMENT
There being no further business the meeting adjourned at 8:00 p.m.
i
5
0
0
CJ
HUTCHINSON POLICE COMMISSION MINUTES
The Hutchinson Police Commission held a meeting on April 28, 1998, at the Hutchinson
Police Department. Present at the meeting were John Decker, Cheryl Dooley, Rick Nass
and Lt. John Gregor. The meeting was called to order.
Lt Gregor asked the commissioners if they all had the opportunity to read over the letter
from Barry Anderson regarding the changes to the rules and regulations. He asked if there
were any questions about the content of the letter. Rick Nass stated that he felt the basis
of the changes suggested by Anderson were mostly minor changes in the language and
1 or grammar of the rules. Cheryl Dooley wanted to know if Tim Pawlenty had seen the
changes. Lt. Gregor stated that once the commission had given their approval that
Anderson would send the revised rules and regulation to Pawlenty for his final opinion.
If he does not see any problems the process if done, however if he does see problems the
document will come back to the commission. Lt. Gregor stated that the rules should be
reviewed every 2 to 3 years to make sure that they follow the changes that have evolved.
This had not been done and when Investigator Waage had challenged the rules and
regulations at the beginning of the promotional process the commission started their
review. A motion was made by Cheryl Dooley, seconded by John Decker, to accept the
changes made to the rules and regulations and forward them to Tim Pawlenty. Motion
carried.
Gregor then stated that the elections still needed to take place for the organizational
meeting. Cheryl Dooley asked if a new commissioner had been appointed to take John
Decker place. Gregor stated that the mayor had not appointed anyone to that position.
A motion was then made by John Decker, seconded by Rick Naas, to nominate Cheryl
Dooley as the chair. Motion Carried.
A motion was then made by John Decker, seconded by Cheryl Dooley, to nominate Rick
Nass as the secretary. Motion Carried.
With there being no further business to discuss, a motion was made by Cheryl Dooley,
seconded by John Decker, to adjourn. Motion carried.
Time of adjournment was 7:45 a.m.
/ I mial
R ick Nass
W- , q ��f>
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
0
DAVID B- ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENBURG
RICHARD G. MDGEE
CATHRYN D. REHER
WALTER P- MICHELS. III
JAMES UTLEY
'ALSO ADMITTED IN TEXAS AND NEW YORK
(3 20) 587 -7575
FAX (320) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 22, 1998
OF COUNSEL
ARTHUR L -DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
1812) 545 -9000
FAX (612) 545 -1793
Sol SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 380 -2214
FAX (61 2) 399 -5505
Ms. Marilyn Swanson
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: Cable TV Service Issues
Our File No. 324494054
Dear Marilyn:
t�
In connection with the consent agenda item dealing with Triax Cablevision, the ordinance covering customer
service standards, please find enclosed a copy of Jane Bremer's letter to me of May 8, 1998 and my
responsive correspondence. If I hear anything that would require some minor modifications to the ordinance
we can pull It off the consent agenda at that time. However, otherwise, I would recommend we simply move
forward and adopt the customer service standards.
If you have any questions regarding this matter, please do not hesitate to contact me.
Thank you. Best regards.
& DOVE, PLLP
0
enc.
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION I / b(0
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENBURG
RICHARD G. McGEE
CATHRYN D. REHER
WALTER P. MICHELS, III
JAMES UTLEY
+ALSO ADYiTTED IN TCFA• ANO utV 1.Nl
Ms. Jane E. Bremer
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue So.
Bloomington, Mn. 55431 -1194
Re: Cable TV Services Issues - Triax Hutchinson
Our File No. 3244 -94054
Dear Jane:
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545 -9000
FAX (612) 5451793
501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
(81 2) 389-2214
-" FAX (61 2) 389 -5506
Send via facsimile: (612) 896 -3334
Thank you for your letter of May 8, 1998. Your letter reports that construction work was completed by April
24, 1998. However, you correctly quote the language in the Franchise Agreement which indicates that the
system is to be 'capable of delivering' a minimum of 60 channels. At this moment all we have are Triax's
assurances that it has completed the system. If Triax intends to actually offer the services required by the
Franchise Agreement in the very near future H would be helpful if the Council, which meets Tuesday evening
and will no doubt ask questions of me about this matter, were to be advised of this fact. Please consult with
your client and get back to me on this issue.
The second reading of the customer service standards as prepared by attorney Vose, on behalf of the City
of Hutchinson, is scheduled for Tuesday evening. I expect the Council to approve those standards as written
unless I hear from Mr. Vose that you and he have negotiated any different arrangements with respect to the
specifics of those standards. The ordinance will then become effective upon publication which will occur
either next Thursday or the following Tuesday.
By facsimile transmission to yourself and Mr. Vose I am advising both that this is the time frame In which
these decisions will be made.
I look forward to hearing from you.
Thank you.
Very truly yours,
ARNOLD, ANDERSON & DOVE, PLLP
G. Barry Anderson
GBA:jm
CC Robert Vose - via facsimile (612) 546 -1003
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
ATTORNEYS AT LAW
lol PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(3 20) 587 -7575
FAX(320)587 -4096 -
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 22, 1998
0
E
i
y 0 (1)
FROM 65.00.1990 16157 P. 2
LARKIN, H01 'FMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT UAW
• Jane E. anmv
DIR. DIAL (612) 696-3297
6- kWL)bnmerojhdl.o
May 8, 1998
G. Barry Anderson, Esq.
Arnold, Anderson & Dove
101 Park Place
Hutchinson, Minnesota 55350
Re: City of Hutchinson
Dear Barry:
1600 NORWl6T FINANCUIL CENTER
SLOOMMOTO W N AVENUE E90TA 65151 1101
TELEPHONE (e12) 616.7aoo
FAX ( -677,7
Thank you for notifying me Of the upcoming agenda item regarding Triax's completion of construction
in the City of Hutchinson. I have confirmed with my client and they have assured me that construction
was completed in accordance with the Franchise Agreement which states as follows:
"Grantee shall provide a System which utilized 550 Mhz equipment and which is capable of delivering a
minimum of sixty (60) channels within three (3) years of the Effective Date of this Ordinance."
• (Ordinance # 95 -131 Section 4.1A) -
The Effective Date is April 25, 1995 and Triax completed construction by April 24, 1998. Triax is
unaware of any factual situations which could give rise to an assertion of franchise non - compliance on
this construction project. Therefore, I would very much appreciate your clarification of any information
the City may have on this point prior to the May 12 meeting. I do plan to attend the May 12 meeting to
assure that any questions which the City Council may have will be promptly answered.
With regard to the customer service standards, I have forwarded my recommendations to Bob Vose with
a suggestion that we need to reach a set of standards which are mutually agreeable. Triax is prepared to
accept the vast majority of the suggestions provided by Mr. Vose as they are consistent with the Federal
Communications Commission (FCC) customer service rules. However, certain items require additional
discussion and we have suggested to Mr. Vose that the discussion occur prior to a recommendation
being made to either the Hutchinson City Council or Triax management. I trust you will concur with
this approach. 1
Although we appreciate that you may continue to receive calls from Triax customers, we have not
received any information from your office regarding specific complaints to which we could respond. At
this time, I am not aware of any complaints to which we have not responded. Therefore, if you have
information on any specific complaints from customers, I would very much appreciate hearing about it.
Triax has made significant strides in improving its customer service in the City of Hutchinson:
•
LJ (��
FROM 03.08.1998 16158 P. 3
LARKIN, IdOFFMAN, DALY & LINDGREN, LTD,
G. Barry Anderson, Esq.
May 8, 1998
Page 2
1. The Company's long distance vendor has been changed to AT &T, facilitating services such as "never
busy" and system redundtutcy. Call load management allows better distribution of call volume, with the
goal of reducing hold time.
2. Triax has added eight customer service representatives over the past twelve months and has plans to
add additional personnel.
3. no Company has adopted a staggered billing system to level -off the number of calls being received
on any one day.
4. Effective May 1, the Company adopted the "on time guarantee" installation guarantee throughout
Minnesota. Any customer who has installation or service will receive a credit, guaranteed,
S. The Company has successfully completed the rebuild of the Hutchinson cable system which will
address certain technical issues and is planning its launch of new programming and services in July.
6. The Company is monitoring its lock box daily and has worked closely with its billing vender to
assure that all payments received on particular day are credited on a particular day.
7. The Company has hii+ed two fill -time trainers for its customer service team, who are In -house
employees dedicated to continually improve the company's customer service and responsiveness.
S. Additional investment is scheduled for 1998 in customer service equipment, personnel, technical
services, and quality assurance programs.
These steps, coupled with the rebuild of the Hutchinson cable system, should result in a significantly
enhanced product for our Iutchinson customers.
1 look forward to seeing yon on May 12, and continue to working cooperatively toward the resolution of
any outstanding issues in the City of Hutchinson.
E. Bremer, for
KIN, HOFFMAN, DALY & LINDGREN, Ltd.
cc; Paul Pecora
Torn Bordwell
JEB /dw
0396133.01
r�.EHD••+
e4 -36 -1998 10:17
0
I. Definitions
8125461003
BERNICK & LIFSON
P.02
A. " Normal busitim hours - The term "normal business hours" means those hours
during which most businesses in the community are open to serve customers. In all cases, "normal
business hours" must include some evening hours at least one night per week and some weekend
hours.
B. "Normal opca in¢ conditions - The term "normal operating conditions" means those
service conditions which are within the control of the cable operator. Those conditions which are not
within the control of the cable operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual weather conditions,
Those conditions which are within the control of the cable operator include, but are not limited to,
special promotions, pay -per -view events, rate increases, regular peak or seasonal demand periods,
and maintenance or upgrade of the cable system.
C. ' Service :njcmW = " -'The term "service interruption" means any loss of picture or
sound on one or more cable channels for longer than a momentary period.
II. Cable system office hours, telephone availability, and general customer responsiveness
A. Telephone Availability - The cable operator will maintain a local, toll -free or collect
call telephone access line which will be available to its subscribers 24 hours a day, seven days a
week. The cable operator will ensure that: (1)Trained company representatives are available to
respond to customer telephone inquiries during normal business hours, and; (2) after normal business
hours, the access line will be answered by a service or an automated response system such as an
answering machine or voice mail. Further, inquiries received after normal business hours must be
responded to by a trained company representative on the next business day.
B. Telephone Answer J me - Under normal operating conditions, telephone answer time
by a customer representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30)
seconds. These standards shall be met no less than ninety (90) percent of the time under normal
operating conditions, measured on a quarterly basis.
C. Rmsy S�im?1_s - Under normal operating conditions, the customer will receive a busy
signal less than three (3) percent of the time.
D. Local Office - Customer service center and bill payment locations will be open at
least during normal business hours and will be conveniently located at a location in the City.
E. C�=lianre - In the event subscriber complaints received by the City, or reported to
the City by the cable operator as required herein, demonstrate a clear failure to comply with these
customer responsiveness requirements in City's sole discretion, the operator may be required to
G4-30-1998 10:17 612S461003 BERNICK a LIF80N P.03
perform quarterly surveys of customers to measure compliance with these requirements_ The cable
operator shall be required to survey a statistically significant number of subscribers and make
inquiries regarding compliance with these requirements. The nature and substance of the inquiries
shall be reviewed and approved by City prior to conducting each survey. The results of such sur -ys
shall be provided to City via a written and certified report within 5 days after conduct of such su ay.
F. Burden of Proof - In the event of a dispute between the City and the cable operator
regarding compliance with these requirements, the cable operator shall have the burden for
demonstrating compliance.
III. Installations, outages and service calls
A. Tncra_Ujgn_ Nave anti $zajW Cis •Linder normal operating conditions, each of
the following four standards will be met no loss than ninety five (95) percent of the time measured
on a quarterly basis: (1) Standard installations will be performed within seven (7) business days after
an order has been placed; (2) Excluding conditions beyond the control of the operator, the cable
operator will begin working on service interruptions promptly and in no event later than 24 hours
after the interruption becomes known. The cable operator must begin actions to correct other service
problems the next business day after notification of the service problem; (3) The "appointment
window' alternatives for installations, service calls, and other installation activities will be either a
specific time or, at maxim a four -hour time block during normal business hours. However, the
operator may schedule service calls and other installation activities outside normal business hours
but only at the request of and for the express convenience of the customer, (4) An operator may not
cancel an appointment with a customer after the close of business on the business day prior to the
scheduled appointment; (5) If a cable operator representative is running Iate for an appointment with
a customer and will not be able to keep the appointment as scheduled, the operator will contact the
customer via telephone at the appointed location and at the appointed time. The appointment will
be rescheduled, as necessary, at a time which is convenient for the customer.
B. QQV119i1C& • In the event subscriber complaints received by the City, or reported to
the City by The cable operator as required herein, demonstrate a clear failure to comply with these
customer service, installation and outage responsiveness rcquircatcnu in City's sole discretion, the
operator may be required to perform quarterly surveys of customers to measure compliance with
those requirements. The cable operator shall be required to survey a statistically significant number
of subscribers and make inquiries regarding compliance with these requirements. The nature and
substance of the inquiries shall be reviewed and approved by City prior to conducting each survey,
The results of such surveys shall be provided to City via a written and certified report within 5 days
after conduct of such survey.
C. Burden of Proof - In the event of a dispute between the City and the cable operator
regarding compliance with these requirements, the cable operator shall have the burden for
demonstrating compliance.
0
04 -3e -1996 10:16 6125461003 6ERNICK & LIFSON P.04
0 M Communications between cable operator and cable subscribers
A. Notifications to subscribers - The cable operator shall provide written information
on each of the following areas at the time of installation of service, at least annually to all
subscribers, and at any time upon request: (1) A list of the products and services offered; (2) A list
of the prices and options for programming services; (3) A complete copy of the terms and conditions
regarding subscription to programming and other services, and regarding service disconnection, bill
payment obligations including any administrative or late charges which may accrue, and all other
material conditions defining the agreement between the operator and subscribers; (4) A complete
copy of installation and service maintenance policies; (5) instructions on how to use the cable
service; (6) A list of the channel positions for programming carried on the system; and, () A
detailed statement regarding billing and complaint procedures, including the address and telephone
number of the cable operator and the City Administrator.
Customers must be notified of any changes in rates, Programming services, channel
positions, or any significant changes in the information required to be provided in the paragraph
above as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30)
days in advance of such changes if the change is within the control of the cable operator.
Notwithstanding, a cable operator shall not be required to provide prior notice of any rate change that
is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind
imposed by any Federal agency, State, or franchising authority on the transaction between the
operator and the subscriber. '
B. B iliina - Bills must be clear, concise and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and premium service charges and
equipment charges. Bills will also clearly delineate all activity during the billing period, including
optional charges, rebates and credits. In case of a billing dispute, the cable operator must respond
to a written complaint from a subscriber within 30 days.
C. R - Refund checks will be issued promptly, but no later than either: (1) The
customer's next billing cycle following resolution of the request or thirty (30) days, whichever is
earlier, or; (2) The return of the equipment supplied by the cable operator if service is terminated.
D. LrAdjQ - Credits for service will be issued no later than the customer's next billing
cycle following the determination that a credit is warranted.
V. Late Fees
Fees for the late payment of bills shall not accrue until fifteen (15) days after the service has
been fully provided and the bill remains unpaid (typically 45 days after initial billing). Such fees
shall not exceed the cable operator's actual and demonstrable costs associated with collection of late
payments in the City, excluding attempts to recover bad debt and any related legal actions. The City
may require the cable operator to annually demonstrate its actual costs related to late payments and
may require modification of the late fee charge in order to ensure compliance with this requirement.
4 hCO
04 -30 -1996 10:19 6125461003 BERNICK & LIF60N P.05
VI. Complaints 0
The cable operator shall prepare and maintain complete written records of all complaints
received and the resolution of such complaints, including the date of resolution of such complaints.
Such written records shall be on file at the office of the cable operator. The cable operator shall
provide the City with a written summary of all complaints received and their resolution on a
quarterly basis. City may direct the form and the substance of such quarterly reports.
VI. Violations
Any violation of these requirements shall constitute a violation of the City's Cable Franchise
Ordinance, Cad. 95- 131, and shall subject the cable operator to all remedies, penalties, and sanctions
provided for therein.
CACABI.E9MCHD15W USrSCD
l Q � n_1 ��D
ARNOLD, ANDERSON & DOVE
PROFE590NAL LIMITED LIABILITY PARTNERSHIP
0
DAVID B. ARNOLD'
STEVEN A ANDERSON
G. BARRY ANDERSON`
LAURA K FRETLAND
PAULO DOVE"
JANE VAN VALKENBURG
RICHARD G MCGEE
CATHRYN D REHER
WALTER P MICHELS III
JAMES UTLEY
ALSO ADMITTED IN TEXAS AND NEW YORK
Mr. Gary D. Plotz
Hutchinson City Administrator
111 Hassen Street S.E.
Hutchinson, MN 55350
ATTORNEYS AT LAW
1612) 389 - 2214
FAX (612) 389 -5506
METRO LINE 161 2) 545 -6018
RESIDENT ATTORNEY
STEVEN A ANDERSON
May 6, 1998
Re: City of Hutchinson / Customer Service Issues (Triax Cablevision)
Dear Gary:
501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371 2005
1 4y � J998
Ci : : J, HJ 1 C. A
OF COUNSEL
ARTHUR DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
1612) 545 -9000
FAX (612) 545 -1793
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350
(320) 587 -7575
FAX 1320= 5874096
I'm enclosing herewith for your information a copy of correspondence from Robert J.V. Vose dated
April 24, 1998 and the Customer Service Obligations and Standards which I asked Bernick's Office to
prepare. I would ask that you place discussion of this matter on the City Council Agenda at our first
regularly scheduled meeting in May.
As you know, the deadline for completion of the fiber backed system has now expired and Triax is in
apparent violation of the requirements of the franchise. This should also be an Agenda item for
discussion at the first meeting in May.
I think we should treat the Customer Service Standards in so far as the first meeting in May is
concerned, as a first reading of the Ordinance because the only changes will be matters of form relative
to putting it in our standard format. I will see that task is completed prior to the second meeting in May
when the Customer Service Standards will be formerly adopted.
Enclosed is a copy of my correspondence to Attorney Jane Bremer which is self - explanatory.
Should you have any questions regarding any of these matters, please do not hesitate to contact me.
Thank you. Best regards.
Very truly yours,
ARNOLD, ANDERSON & DOVE P.L.L.P.
c ,6
0- / c G 12
G. Barry Andes
Attorney at Law
GBA:In / Enclosures
"CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION b0)
-- CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
R7 0T. I13IIED
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON*
LAURA K. FRETLAND
PAUL O. DOVE"
JANE VAN VALKENBURG
RICHARD G, McGEE
CATHRYN D. REHER
WALTER P. MICHELS, III
JAMES UTLEY
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350 -2563
TALSO AOMITTCO IN iL %AA ANO .[W YORK
Mr. Gary D. Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: Cable Issues
Our File No. 3244 -92054
(3 20) 587 -7575
FAX 1320) 567 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 5, 1998
M AY b 199&
CIT) �)F HUTCHASOI�
OF COUNSEL
ARTHUR L. DOTEN
5991 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX 16121 5451793
SDI SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
(612) 380.2214
FAX (61 2) 399 -5506
Dear Gary:
Enclosed please find a copy of the 'official' facsimile transmission from Attorney Vose giving notice to our
office and to opposing counsel that the City will be considering customer service standards at its first
regularly scheduled meeting May. Please make certain this is on the agenda and include this
correspondence and a copy of the proposed standards and the letter from Mr. Vose.
I do want to bring to the Council's attention that I have heard nothing from Larkin, Hoffman regarding the
status of the rebuild efforts which, according to Council, were to have been completed no later than April 28,
1998.
I assume we will hear something by the first meeting in May.
Thank you. Best regards.
Very truly yours,
& DOVE, PLLP
G. B"
GBA:jm
enc.
L J
9
CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
04 -30 -1998 10:18
•
NGL J. SHAPIRO
SAUL A. sLRNIGK'
TMOMAH n_ORLIOHTON
III A. LIPSON
OM/IO K. NIOHTINDALL)
PAUL J. OUAST
Roll J. V. voce
WILLIAM S. PORLRLRO'
Via facstmtle to 320- 587 -40% and U.S. Mail
Mr. G. Barry Anderson, Esq.
Arnold, Anderson & Dove
101 Park Place
Hutchinson, MN 55350 -2563
April 30, 1998
Re: City o f Hutchinson; Customer Service issues
P.01
+wLLO AOMITTL➢ iN WISCONSIN
•w CLPTII W TWSLIG ACCOUNTANT
• wU' D ACMIT IN FWW..
I-Il ALSISTANT
KATHRYN 0, MASTLRMAN
Dear Berry:
Enclosed please find draft customer service standards as requested by the City. The City may adopt and enforce
these customer service standards with respect to Triax. Pursuant to Section 76.309(x) of the FCC's Hiles, the City
must provide Triax with ninety (90) days written notice of its intent to enforce the following standards. 47 C.F.R.
§ 76.309(a). Further, to the extent any of the following rules exceed or are different from the FCC's customer
service standards, the City must enact and enforce them as a consumer protection ordinance. 47 C.F.R.
• § 76.309(bx3).
Although Triax is specifically authorized pursuant to the FCC's rules to agree to enforcement of all of the
standards contained herein, we expect that such agreement will not be forthcoming. Accordingly, we recommend
that the standards lx enacted as a City Ordinance. We recommend that this be a separate ordinance and not an
express amendment to the Franchise (Ord. 95 -131). The customer service standards ordinance should however,
supersede the Franchise to the extent inconsistent. We leave the mechanics of such Ordinance enactment to local
counsel's discretion and are prepared to provide any assistance requested in this regard.
By copy of this Memorandum I ruquest that Ms. Bremer provide me with any comments or questions on behalf
of Trim Triax will, of course, have further opportunity to participate and comment publicly as these standards
proceed through the ordinance adoption process.
Please do not hesitate to contact me with any questions.
Yours truly,
BERNICK AND LIFSON, P.A.
4W It � u�
Robert J. V. Vose
Enclosure
cc: Ms. Jane E. Bremer, Attorney at Law (w /enc.)
Mr. Thomas D. Creighton, Attorney at Law (w /enc.)
8125461003
SMNICK & LIF80N
BERNICK AND LIFSON
A "09"Ill ASSOCIATION
ATTORN MY* AT LAW
SALT[ I400, THL GOLONN/.09
SLOO WAYZATA sOULLVARG
MINMt POLIS, MINNCSOTA SSaIC-14TO
TCLICIII Isla) SAS-g00
f..I MILL I4ISI —R-,OOA
0\1C ABLa1Y1t
q D(j
RESOLUTION NO. 11021
• 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 erected, pursuant to Section 7.04, Subdivision
1 of the Hutchinson City Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUTCHINSON:
That the Council hereby establishes that a traffic control device known as a "No Parking"
i sign shall be erected at the following location:
On the south side of Century Avenue, 50 feet either side of the Ridgewater College
entrances
Adopted this 26th day of May, 1999 by the City Council of Hutchinson, Minnesota.
Mayor - Marlin Torgerson
City Administrator - Gary D. Plotz
I
SHOAT -TEAM 150_00
LII Hn�nnonl�y M.II isx
. MM11Lil sn.. w .
RETAIL "ON SALE"
•
Otate of $NCinnezota,
COUXTY OF...._..._McLeod
To the ... CitY.Council .. _ ......... _. of the..... City
........._... _............ ...Hutchinson .................
_ ............._. .......... _........ ._................. ................... ._ .... State of Minnesota:
at McLeod Countv Fair rounds for Rodeo
hereby appl......._...I- a license for the term of- Na--Days .. - ...,litl}_ .1.7L�md„ 1 _�[h 1998 .__..__._._..._....
from the ._._.... _....__. ._.__.._.._..day of_.....— 18 to all
At Retail Only, Non - Intoxicating Malt LigooM
w the same are defined by lard, for covamption "ON" these certain premises in ths......___...__.._._
---__..._._.- ---------- ..,_.........__, ... _,_.... City.._....._._._...........sf
dewribed w follows, I&wa:__.... ,...._........_._....—...__ ............ ...... _.__...—...._.._....__ '_'--......— .....
_._---- -._.._.
at which place sold applteant._apernte_ .... the business
0
and to that and represent..._ and date..._w follows:
That said applicant..__...._.is._ a.._....__. — ._._..�itisen........of the United SkAse; of Qood moral eharadl
and repute; and ha..._.. _.attained the ape of 21 yeas; that____ ....... _ propnetor....._.of the
establishment Jar which the license will be imue l if this application is granted.
That no manufacturer of such non ntoxwatlnp malt Uquam has any ownwvhip, m whole or in past,
in said bwiness of said applicant..._ or any inteseat therein;
That said applicant.....moke._.1hi, application purmant and subject to all the law of the State of
Af ial L emot a and the mettnaneee and refulaticme of
appllcable.thereto, which are hereby made a part hereof, and hereby alrns__to oba and obey the same;
IHw� ruY V4 ned�a H w. d b�l nfdrlad
Recommend approval with restrictions and requirements as in the past.
Driver's License S.D. to be required for purchase.
Steve Madson, Police Chief
Each applicant further states that --he is not now the holder of, nor has --he made application for,
nor does --he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of
intoxicating liquor.
PAID
MAY 61998
City ofHu lchinson
Doted ..... ... ..... =__C.J _ ..... I8
0
M E M O R A N D U M
�SFITl�� =fi1I1
'• .- - � �• • -._ a - �
Attached is a listing of the delinquent water and sewer accounts
• for the month of April. Recommend service be discontinued on
Monday, June 1, 1998, at Noon.
j�,
Report Listing 21 -MAY -1998 (14:37
------------------------------------------------- ---------------------- --- - - -- --
1- 80- 0644 -0903
1- 480 - 0706 -0403
J WENISCH
BRENT UECKER
64 HASSAN ST SE
706 HASSAN ST SE
HUTCHINSON MN 55350-
HUTCHINSON MN 55350-
644 HASSAN ST SE
706 HASSAN ST SE
56.79
173.62
45.56
128.96
1- 480 -0830 -0304
1 -480- 0840 -0102
TOM MOSES
DEBORAH SYVERSON
830 HASSAN ST SE
840 HASSAN ST SE
HUTCHINSON MN 55350-
HUTCHINSON MN 55350-
830 HASSAN ST SE
840 HASSAN ST SE
28.92
104.44
21.76
111.45
1 -550- 0736 -0302
1- 570- 0015 -0102
RON WIBSTAD
LEE /MARY CHENEY
736 IVY LN SE
15 JEFFERSON ST SE
HUTCHINSON MN 55350-
HUTCHINSON MN 55350-
736 IVY LN SE
15 JEFFERSON ST SE
30.19
92.17
21.16
128.08
1 -570- 0234 -0601
570 - 0574 -04
MABEL BASEMAN
NE WEGNE
234 JEFFERSON ST SE
5XEF ON ST SE
HUTCHINSON MN 55350-
HMN 55350 -
2EFFERSON ST SE
5ON ST SE
2
71.90
4
1 66.99
•
Report Listing 21- MAY -1998 (14:40
---------------------------------------------------- ---------------- ---- --- -- - ---
1 -090- 0317 -0701
CLIFF ROIGER
317 5TH AVE SW
HUTCHINSON MN 55350-
317 5TH AVE SW
82.06
1- 270 - 0706 -0803
DAVID JAHN
706 BROWN ST SW
HUTCHINSON MN 55350-
706 BROWN ST SW
64.82
1- 395 - 0587 -0201
DAVID JENSEN
587 FRANKLIN ST SW
HUTCHINSON MN 55350-
587 FRANKLIN ST SW
71.06
1- 395 - 0625 -0603
RONALD MCGRAW
625 FRANKLIN ST SW
HUTCHINSON MN 55350-
625 FRANKLIN ST SW
86.81
1- 420 - 0125 -0002
DAN SALAS
125 GLEN ST SW
HUTCHINSON MN 55350-
125 GLEN ST SW
81.90
1 20- 0561 -0104
JER
Ay
561 G N W
HUTCHI N MN 55350-
561 EN SW
17 .53
1- 455- 0725 -0202
BEV KOSEK
725 GROVE ST SW
HUTCHINSON MN 55350-
725 GROVE ST SW
57.09
1 -575- 0968 -0304
SHELDON CROUSE
968 JORGENSON ST SE
HUTCHINSON MN 55350-
968 JORGENSON ST SE
98.63
1- 265- 1066 -0702
KENNETH SITZ
1066 BRADFORD ST SE
HUTCHINSON MN 55350 -
1066 BRADFORD ST SE
229.93 192.31 355.34
1 -290- 0216 -0704
DENNIS NEPSUND
216 CEDAR AVE NW
HUTCHINSON MN 55350-
216 CEDAR AVE NW
178.59 86.81 228.63
1- 395 - 0606 -0902
NOELLE LAABS
606 FRANKLIN ST SW
HUTCHINSON MN 55350-
606 FRANKLIN ST SW
201.81 82.06 218.42
1- 395 -0725 -0502
TERRY SELLE
725 FRANKLIN ST SW
HUTCHINSON MN 55350- -
725 FRANKLIN ST SW
250.53 134.06 365.20
1- 420- 0530 -0903
RODANN ANDERSON
530 GLEN ST SW
HUTCHINSON MN 55350-
530 GLEN ST SW
245.90 74.18 204.53
1- 420 - 0727 -0203
NEIL KARELS
727 GLEN ST SW
HUTCHINSON MN 55350-
727 GLEN ST SW
443.84 54.17 149.24
1- 455 - 0845 -0705
DEBBIE HICKLER
845 GROVE ST SW
HUTCHINSON MN 55350-
845 GROVE ST SW
167.59 93.87 257.91
1- 685 - 0506 -0903
DOUGLAS WINN -
506 MAIN ST S
HUTCHINSON MN 55350-
506 MAIN ST S
264.87 93.14 440.39
A
i
Report Listing 21 -MAY -1998 (14:45
-------------------------------------------------- ------------------- ----- --- ---
2- 35- 0503 -0704 2- 070 - 0745 -0105
SOY MICHAELS DONOVAN BOETTCHER
3 YNN RD 745 4TH AVE SW
HUTCHINSON MN 55350 HUTCHINSON MN 55350-
503 2ND AVE SW 745 4TH AVE SW
80.42 289.06 43.14 170.59
2- 310 - 0934 -0202 2- 345- 0805 -0705
WM HERDINA DAVE GRAF
934 CHURCH ST SW 805 CRAIG AVE SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
934 CHURCH ST SW 805 CRAIG AVE SW
66.67 283.30 50.31 243.21
2- 350- 0505 -0201 2- 440 - 0550 -0802
RICHARD MATTSON ALVIN BAUNE
505 DALE ST SW 550 GRAHAM ST SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
505 DALE ST SW 550 GRAHAM ST SW
31.33 128.33 48.92 190.37
2- 465 - 0516 -0109 2- 465 - 0626 -0801
JOSEPH PHELPS CHRIS JOHNSON
516 HARMONY LN SW 626 HARMONY LN SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350 -
5*ARMONY LN SW 626 HARMONY LN SW
1 149.90 38.71 155.92
2- 470 - 0715 -0301 2 -555- 0508 -0201
E DUESTERHOEFT MARTIN TOWLE
715 HARRINGTON ST SW 508 JACKSON ST SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
715 HARRINGTON ST SW 508 JACKSON ST SW
39.99 159.51 48.92 203.79
2- 555 - 0530 -0401 2 -555- 0545 -0703
ANGELA BIEHLER BRIAN HOMAN
530 JACKSON ST SW 545 JACKSON ST SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
530 JACKSON ST SW 545 JACKSON ST SW
33.51 137.57 56.79 234.98
2- 670- 0400 -01U9 2 -670- 0585 -0804
JOHN SANDAHL ROBERT STONE
400 LYNN RD SW 585 LYNN RD SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
400 LYNN RD SW 585 LYNN RD SW
44.98 183.66 54.96 208.30
2 - 0406 -0701 2- 725- 0765 -0506
B. GEIRSDORF GORDON STOWELL
406 MERRILL ST SW 765 MILWAUKEE AVE SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
406 MERRILL ST SW 765 MILWAUKEE AVE SW
41.04 175.99 62.16 254.60
Report Listing 21- MAY -1998 (14:45
------------------------------------------------- ------- --- --------- -- ---- - -- - --
2- 805- 0340 -0202
MARK HOFMEISTER
340 EAST PISHNEY LN SW
HUTCHINSON MN 55350-
340 EAST PISHNEY LN SW
42.43 216.79
2 -830- 0570 -0203
MIKE JOHNSON
306 NORTH RAMSEY
LITCHFIELD MN 55355-
570 ROBERTS ST SW
43.14
168.92
•
0
Report Listing 21 -MAY -1998 (14:09
------------------------------------------------- ---- ---- -- ------ ------ --- - --- --
3- 015 - 0421 -0808 3- 030 - 0646 -0802
C #N BRYGGER JACK KRIPPNER
42 1ST AVE SE 646 2ND AVE SE
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
421 1ST AVE SE 646 2ND AVE SE
40.06 122.55 29.04 131.54
3- 045 - 0605 -0010 3- 060 - 0105 -0503
JAMIE BORJON KEVIN NORDBERG
605 3RD AVE SE 105 4TH AVE NW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
605 3RD AVE SE 105 4TH AVE NW
48.13 153.61 51.91 158.56
3- 060 - 0126 -0002 3- 060 - 0183 -0003
TWIN CITY TJ S INC DENNIS MCCUTCHEN
4711 CLARK AVE 183 4TH AVE NW
WHITE BEAR LAKE MN 55110- HUTCHINSON MN 55350-
126 4TH AVE NW 183 4TH AVE NW
121.88 377.29 41.04 124.15
3- 075 - 0145 -0003 3- 075 -0215 -0502
SCOTT PALUBESKIE JOHN OUADE
145 5TH AVE NE 215 5TH AVE NE
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
1 4TH AVE NE 215 5TH AVE NE
31 96.78 26.97 80.29
3- 075 - 0237 -0901 3 -130- 0136 -04
PETE MERKINS ES WILL E
237 5TH AVE NE 136 VE NE
HUTCHINSON MN 55350- HUTC S N 55350-
237 5TH AVE NE 1 11TH AVE
44.98 142.16 0.46 215.56
3- 130 - 0156 -0902 3- 150- 1140 -0101
GENE JUTTING ROBERT BASEMAN
156 11TH AVE NE 1140 13TH AVE NW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
156 11TH AVE NE 1140 13TH AVE NW
59.94 184.51 70.93 206.51
3- 210 - 0145 -1402 3- 210- 0325 -1602
DIANE JANKOWSKI SHERI BETHKE
145 ADAMS ST SE 325 ADAMS ST SE
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
145 ADAMS ST SE 325 ADAMS ST SE
46.50 141.93 51.02 170.50
3- - 0326 -0701 3 -210- 0346 -0301
D S GREGOR WILLIAM LUECK -
326 ADAMS ST SE 346 ADAMS ST SE
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
326 ADAMS ST SE 346 ADAMS ST SE
57.69 178.90 66.03 205.10
Report Listing 21 -MAY -1998 (14:09
------------------------------------------------- ------- ---- --- --------- --- - -- --
3- 210 - 0551 -0303
MICHAEL KEELER
551 ADAMS ST SE
HUTCHINSON MN 55350-
551 ADAMS ST SE
54.86
3-234,-0628-08
DE NI ETZ
628 ASH NE
628 ASH ST NE
5350-
3- 275 - 0510 -0506
JASON KNACKE
510 CALIFORNIA ST NW
HUTCHINSON MN 55350-
510 CALIFORNIA ST NW
146.05
3- 375- 0744 -0201
JIM MASSMANN
PO BOX 52
HUTCHINSON MN 55350
744 ELM ST NE
52.19
3- 415 - 0430 -0303
TAMI BARATTA
430 GLEN ST NW
HUTCHINSON MN 55350-
430 GLEN ST NW
39.52
3 -505- 0251 -0002
DIANE BERRY
251 HWY 7E
HUTCHINSON MN 55350-
251 HWY 7E
48.03
3- 535 - 0425 -0501
JUDY KOPESKY
BOX 606
HUTCHINSON MN 55350-
425 HURON ST SE
27.39
3- 600 - 0430 -0808
RANDY ROUSH
430 KOUWE ST NW
HUTCHINSON MN 55350-
430 KOUWE ST NW
43.14
3- 210- 0631 -0704
TAMMY BARNES
631 ADAMS ST SE
HUTCHINSON MN 55350-
631 ADAMS ST SE
168.86 49.25 165.75
3- 250 - 0305 -0301
SORENSEN FARM SUP
BX 489
HUTCHINSON MN 55350-
305 BLUFF ST NE
120.96 18.70 56.65
3- 330 - 0219 -0208
RACHAEL VANDERHAGEN
219 COLLEGE AVE NE
HUTCHINSON MN 55350-
219 COLLEGE AVE NE
284.10 23.84 70.38
3- 380 - 0446 -0603
CHRISTINE FOX
446 ERIE ST SE
HUTCHINSON MN 55350-
446 ERIE ST SE
154.78 61.22 185.23
3- 435- 0920 -0602
JEFF BORKENHAGEN
920 GOLF COURSE RD NW
HUTCHINSON MN 55350-
920 GOLF COURSE RD NW
121.92 43.30 135.24
3- 530- 0712 -0201
VINCE JAHNER
712 HILLTOP DR NE
HUTCHINSON MN 55350-
712 HILLTOP DR NE
133.27 26.57 668.35
3- 535 - 0426 -0402
DAVID HELDT
426 HURON ST SE
HUTCHINSON MN 55350-
426 HURON ST SE
83.85 47.08 139.00
3- 680 - 0442 -0703
DARRELL BECKER -
442 MAIN ST N
HUTCHINSON MN 55350-
442 MAIN ST N
125.92 39.21 117.28
0
•
Report Listing
3- 0- 0725 -0504
L" MAYER
PO OX 364
LAFAYETTE MN 56054-
725 MAIN ST N
33.92
3- 680- 0877 -0101
SHARON SAUTER
877 MAIN ST N
HUTCHINSON MN 55350-
877 MAIN ST N
44.04
3- 705 -0046 -1613
KIM THOMPSON
46 #2 MCLEOD AVE NE
HUTCHINSON MN 55350-
46 #2 MCLEOD AVE NE
30.19
3- 745 - 0126 -0306
DAVE HUNSTAD
126 NORTH HIGH DR NE
HUTCHINSON MN 55350-
1VORTH HIGH DR NE
8
3- 765 - 0615 -0605
MARC WILLIAMS
615 OAK ST NE
HUTCHINSON MN 55350-
615 OAK ST NE
44.04
3- 800 - 0575 -0102
RODNEY MARKGRAF
575 PETERSON CIR NE
HUTCHINSON MN 55350-
575 PETERSON CIR NE
75.69
3- 855 -0625 -0501
ERIC MOORE
625 SCHOOL RD NW
HUTCHINSON MN 55350-
625 SCHOOL RD NW
69.51
3: -1390m0301
GF� ON
1359 W OD RD NW
HUTCH SON 5350-
1359 ESTWOOD RD
52. 0 170.08
139.21
130.02
96.60
233.73
130.02
243.11
224.65
3- 680 -0735 -1101
TODD MEYER
735 MAIN ST N ON
HUTCHINSON MN 55350-
735 MAIN ST N
47.30
3- 680- 1201 -0603
RICK'S CASTAWAY
1201 MAIN ST N
HUTCHINSON MN 55350-
1201 MAIN ST N
23.84
3 -745- 0116 -0504
MARY GIVENS
116 NORTH HIGH DR NE
HUTCHINSON MN 55350-
116 NORTH HIGH DR NE
59.80
3- 755- 0400 -0704
BUTCH IRVIN
400 NORTHWOODS AVE NE
HUTCHINSON MN 55350-
400 NORTHWOODS AVE NE
73.92
3- 795 - 0105 -0701
TOM CARRIGAN
105 PAULS RD NE
HUTCHINSON MN 55350-
105 PAULS RD NE
59.79
3- 815- 0595 -0001
JAMES MORAN
595 PROSPECT ST NE
HUTCHINSON MN 55350-
595 PROSPECT ST NE
57.69
3- 870 -0707 -0701
JEFF HART
707 SHADY RIDGE RD NW
HUTCHINSON MN 55350-
707 SHADY RIDGE RD NW
73.03
21- MAY -1998 (14:09
ON
142.63
430.51
176.12
232.34
188.48
175.93
220.10
ACCI'NU
BillingNam
BILLINGN
BILLINGS BLANK
CITY
STATE
ZIP
SITENUM
SITESTRE Blank
AMOUNT
MBER
e
UMBER
TREET
BER
ETAD
DUE
1 -035-
David
PO Box
Winthrop
MN
55396
121
1st Ave SE
69.42
0106 -0704
Suess
393
1 -455-
Nickole
PO Box
Hutchinson
MN
55350
613
Grove St
30.20
0613 -0702
Lindburg
492
SW
2 -585-
Daniel
421
School Rd
Hutchinson '
MN
55350
605
Juul Rd SW
94.33
0605 -0802
Penk
NW
3 -210-
Sbellie
105
Adams St
Hutchinson
MN
55350
105
Adams St
255.74
0105 -0408
Amelsberg
SE
SE
i
'a
RESOLUTION NO. 11013
RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT TO BE
KNOWN AS
BROLL'S SECOND ADDITION
WHERE AS, Mr. David Broll, has submitted an application for approval of a preliminary
and final plat to be known as BROLL'S SECOND ADDITION 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;
Legal Description: Lots 1 through 15, Block 1, Broll's Second Addition (Tract B
Registered Land Survey No. 28 files of the Registrar of Titles, County of McLeod MN)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. That said preliminary and final plat of BROLL'S SECOND ADDITION 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: a) A blanket easement is required for the property.
b) Staff is to amend the Comprehensive Plan to include a 400' transitional zone
of low density (R- 1/R -2) East of Sherwood Street and South of Orchard Ave.
single family development.
C) A 30' front setback is required.
BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat
by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance
therewith by the subdivider and City Officials charged with duties above described and shall entitle
such plat to be placed on record forthwith without further formality.
Adopted by the City Council this 26th day of May, 1998.
ATTEST:
Gary D. Plotz
City Administrator
i
Marlin Torgerson
Mayor
4 C
Hutchinson Citv Center
Ill Hassan Street SE
Hutchinson. MN 55350 -2522
320 - 587- 515lfFax 320.231 4240
MEMORANDUM
DATE: May 21, 1998
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT:
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 March 31, 1998, David Broll, submitted a preliminary plat of BROLL'S SECOND ADDITION located south of
Orchard Avenue S.E. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, May
19, 1998, at which time there were neighboring property owners objecting to the request.
FINDINGS OF FACT
1. The proposal is compliant with the Comprehensive Plan. Note: Broll's original twin home development is
zoned R -3 and Village Cooperative is zoned R -4
2. The required application and plat maps were submitted the appropriate fee paid.
3. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on
Thursday, April 9. 1998. _
4. Director of Engineering, John Rodebe% will submit certification that the proposed preliminary and final plat
meets all the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data.
5. Staff demonstrated the site will accommodate 14 twin homes (7 structures)
6. The affect to Century Avenue is minimal. Century Avenue pedestrian path will begin construction in
1999/2000.
RECOMMENDATION
DENIAL _ APPROVAL X (52 split decision with staff recommendation and following terms and conditions)
CONDITIONS:
I. A blanket easement is required for the property
2. Staff was directed to amend the comprehensive plan to include a transitional zone of low density (R-
I/R-2) on the south side of Orchard Avenue.
3. A 30' front setback is required.
CON SIDERATIONS/DIRECTI V ES
Respectfully submitted.
Dean Wood, Chairman
Hutchinson Planning Commission
0
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Petition
40
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The following Hutchinson residents are opposed to the rezoning of Broil's second
addition to allow for the construction of three five plex units.
Rationale for opposing this development:
1. Additional high density housing constructed in this area will generate unwanted
increased traffic on an already congested
2. Additional traffic generated by high density housing will create hazards for the youth
and general public using Elk's Park which is located less than a block away from the
proposed building site.
3. The development of additional high density housing has the potential of decreasing
the value of adjacent residential properties.
The legal description of the property is as follows: Lots 1 through 15, Block 1, Broil's
2nd addition (Tract B registered land survey no. 28 file of the registrar of titles, county
of McLeod Minn.)
Name
A ddres s
S ignature
d g
VA S,t,
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in
Petition
The following Hutchinson residents are opposed to the rezoning of Broil's second
addition to allow for the construction of three five plex units.
Rationale for opposing this development:
1. Additional high density housing constructed in this area will generate unwanted
increased traffic on an already congested,,fvenue.
G w `1
2. Additional traffic generated by high density housing will create hazards for the youth
and general public using Elk's Park which Is located less than a block away from the
proposed building site.
3. The development of additional high density housing has the potential of decreasing
the value of adjacent residential properties.
The legal description of the property is as follows: Lots 1 through 15, Block 1, Broil's
2nd addition (Tract B registered land survey no. 28 file of the registrar of titles, county
of McLeod Minn.)
Name Address Signature
•
Petition
•
•
The following Hutchinson residents are opposed to the rezoning of Broll's second
addition to allow for the construction of three five plex units.
Rationale for opposing this development:
1. Additional high density housing constructed in this area will generate unwanted
increased traffic on an already congested avenue.
a
2. Additional traffic generated by high density housing will create hazards for the youth
and general public using Elk's Park which is located less than a block away from the
proposed building site.
3. The development of additional high density housing has the potential of decreasing
the value of adjacent residential properties.
The legal description of the property is as follows: Lots 1 through 15, Block 1, Broll's
2nd addition (Tract B registered land survey no. 28 file of the registrar of titles, county
of McLeod Minn.)
Name Address
/J( s
130
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Hutchinson Citv Center
C
111 Hacsan Street SE
Hutchinson, 6IN 553502522
320587- 51511Fa 320234 -4240
MEMORANDUM
DATE: May 21, 1998
TO: Hutchinson City Council
FROM: Hutchinson Plannin¢ Commission
SUBJECT: CONSIDERATION OF REZONING REQUEST BY DAVID BROLL TO REZONE
PROPERTY FROM R- I TO R -3 LOCATED ON ORCHARD AVE SE.
Pursuant to Section 6.05, 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 rezoning.
HISTORY
On March 31, 1998, David Broil submitted a request to rezone property from R -1 to R -1 located on Orchard
Avenue S.E. A hearing was held at a regular meeting of the Planning Commission on Tuesday, May 19,
1998, at that time there were neighboring property owners present objecting to-the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson
Leader on Thursday, May 7, 1998.
3. It was the consensus of the Planning Commission that the request be granted.
RECOMMENDATION
DENIAL APPROVAL X (with staff recommendation and following terms and conditions)
CONDITIONS:
Staff was directed to amend the Comprehensive Plan to include a 400' buffer of density
(Single & two family) zoning east of Sherwood Street, south of the Orchard Avenue single
family district.
CONSIDERATIONS/DIRECTIVES
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
ft n,, l on rccWd d p: r,, -
`r F
Map
RESOLUTION NO. 11014
• RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT UNDER
SECTION 8.06 OF ZONING ORDINANCE NO. 464
REQUESTED BY DAVID BROLL TO CONSTRUCT THREE 5 -PLEX UNITS LOCATED IN
BROLL'S SECOND ADDITION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN:
FINDINGS
1. Mr. David Broll, has made application to the City Council for a Conditional Use Permit under
Section 8.06 of Zoning Ordinance No. 464 to place to construct three 5 -plex units located in Broil's Second
Addition, with the following legal description:
LEGAL DESCRIPTION: Lots 1 through 15, Block 15, Broil's Second Addition (Tract B Registered Land
Survey No. 28 files of the Registrar of Titles, County of McLeod, MN
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.
CONCLUSION
The application for the Conditional Use Permit for the purpose designated is granted based on the findings set
forth above noting association agreements will address parking restrictions of recreational vehicles.
Adopted by the City Council this 26' day of May, 1998.
ATTEST:
Gary D. Plotz
City Administrator
is
Marlin D. Torgerson
Mayor
y U.
r
0
Hutchinson Citv Center
111 Hassan Street SE
Hutchinson, bIN 55350 -2522
320- 587.5151 /Fax 320 - 2341240
MEMORANDUM
TO: Hutchinson City Council
FROM: Hutchinson Plannin¢ Commission
DATE: May 21, 1998
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUE BY DAVID BROLL TO
CONSTRUCT THREE 5- PLEX UNITS IN A R -3 ZONING DISTRICT LOCATED ON ORCHARD
AVENUE S.E.
Pursuant to Section 6.07, 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 March 31, 1998, David Broil submitted an application for a conditional use permit to construct three 5 -plex units
in Broil's Second Addition.
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 at the Hutchinson Leader on
Thursday, May 7, 1998.
3. The proposal is in conformance with the requirements of a conditional use permit_
RECOMMENDATION
DENIAL APPROVAL X (with staff recommendation and following terms and conditions)
CONDITIONS:
Association agreements will address parking restrictions of recreational vehicles.
CONS IDERATIONS/DIRECTI V ES:
TERMS: City reserves the right to review all conditional use permit at their discretion.
Respectfully submitted.
0
Dean Wood, Chairman
Hutchinson Planning Commission
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Hutchinson Citv Center
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111 Hawn Street SE
Hutchinson. ,IN 55350.2522
320- 587.51511Far 320.234 -0240
MEMORANDUM
DATE: May 21, 1998
TO: Hutchinson City Council
FROM: Hutchinson Plannin¢ Commission
SUBJECT: CONSIDERATION OF REZONING REQUEST BY TONY GIKAS TO REZONE
PROPERTY FROM C -4 TO C -2 LOCATED AT 1115 HWY 7 WEST (TOM THUMB
PROPERTY).
Pursuant to Section 6.05, 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 rezoning.
HISTORY
On April 15, 1998, Tony Gikas submitted a request to rezone property from C -4 to C -2 located at 1 115 Hwy.
7 West (Tom Thum5 Property). A hearing was held at a regular meeting of the Planning Commission on
Tuesday, May 19, 1998, at that time there were no neighboring property owners present objecting to the
request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson
Leader on Thursday, May 7, 1998.
3. It was the consensus of the Planning Commission that the request be granted.
4. The site remains nonconforming in depth by 6' vs. 26'.
RECOMMENDATION
DENTAL APPROVAL X (with staff recommendation and following terms and conditions)
CONDITIONS:
CONSIDERATIONS/DIRECTIVES
Respectfully submitted,
Dean Wood. Chairman
Hutchinson Planning Commission
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111 Ha£vnn Street SE
Hutchin n. MN 55350-2522
320.587- 515]/F" 320-234 -4210
MEMORANDUM
DATE: May 20, 1998
TO: Mayor and City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF LOT SPLIT OF THE NORTH 20 FEET OF EXISTING
BUILDING TO THE NORTH END OF THE PROPERTY LINE LOCATED AT
1115 HWY 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY
G I KAS =
r�
U
Planning Commission recommends approval of the request by Mr. Tony Gikas for the lot
split of property located at 1115 Hwy. 7 West.
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I hereby certify that this Survey. Plan or
Report was prepared by tM or under sly direct
supervision and that I aot a duly Ilc.nead
Land 8urveyer under the loess of the State of
Minnesota.
Jlfmiy Reusch
Date: ! � y LIC. No.?11929
JOB N0. 90066A BK P -216 PO 57
RESOLUTION NO. 11015
RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF
ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY MR. ANTHONY
GHCAS TO REDUCE LOT DEPTH 6' LOCATED AT 1115 HWY 7 W
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Mr. Anthony Gikas, has applied for a variance from Section 6.04 of Zoning Ordinance No. 464
to reduce lot depth from 150' to 144' located at 1115 Hwy 7 W, with the following legal description:
Legal Description: That part of the Southwest Quarter of Section 36, Township 117, Range 30, McLeod
County, Minnesota, described as: Commencing at the point of intersection of the East line of said Southwest
Quarter with the center line of State Highway No. 7; thence southwesterly along said center line 100.00 feet
to the point of beginning of the parcel herein described: thence Northerly, parallel with the East line of said
Southwest Quarter, a distance of 440.93 feet; thence Westerly, deflecting to the left 90 degrees 00minutes,
a distance of 204.15 feet; thence Southerly parallel with said East line a distance of 517.39 to said center line;
thence Northeasterly along said center line a distance of 218.00 feet to the point of beginning.
Subject to an easement for roadway purposes over and across the Easterly 60.00 feet thereof.
The Planning Commission has reviewed the application for a variance and has recommended
to the City Council that the application for variance be approved as set forth above.
3. The Council has considered the effect of the proposed variance upon the health, safety, and
welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the
• public safety, and the values of property in the surrounding area and the effect of the proposed variance upon
the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variance will not impair an adequate supply of
light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any
other aspect be contrary to the intent of the ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or structures in the
district in which such land is located.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
CONCLUSION
The application for the variance for the purpose designated is granted based on the findings set
forth above.
Adopted by the City Council this 26th day of May 1998.
• ATTEST:
Gary D. Plotz, City Adm.
Marlin D. Torgerson, Mayor
i
C
Hutchinson City Center
111 Ha n Street SE
Hntchln n. NIN 55350 -2522
320. 587- 5151lF" 320 - 234.4240
MEMORANDUM
DATE: May 21, 1998
TO: Hutchinson Citv Council
FROM: Hutchinson Planning Commission
SUBJECT:
HISTORY
On April 23, 1998, Mr. Anthony Gikas submitted an application for a variance to reduce the lot
depth from 150' to 144' located at 1115 Hwy 7 West. A hearing was held at the regular meeting of
the Planning Commission on Tuesday, May 19, 1998, at which time there was no one present
objecting to the request.
FINDINGS OF FACT _
• 1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as published in the
Hutchinson Leader on Thursday, May 7, 1998.
3. The site remains nonconforming in depth by 6' vs. 26'.
RECOMMENDATION
DENIAL _ APPROVAL x (with staff recommendation and following terms and conditions)
CONDITIONS:
1. The registered land survey with legal property description show a 10' easement
around the perimeter of each lot.
CONSIDERATIONS/DIRECTIVES:
TERMS: City reserves the right to review all conditional use permits at their discretion.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
0
Pnmed an recyded paper - L.{
P ursuan t to Section 6.04, 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 variance.
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RESOLUTION NO. 11016
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT UNDER
SECTION 8.05 OF ZONING ORDINANCE NO. 464
REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE TO CONTINUE
SCHOOL OPERATION IN THE FORMER BETHANY BAPTIST CHURCH LOCATED AT 800
GROVE ST.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN:
FINDINGS
1. Crow River Special Education Cooperative, has made application to the City Council for a
Conditional Use Permit under Section 8.05 of Zoning Ordinance No. 464 to continue school operations in the
former Bethany Baptist Church located at 800 Grove St. , with the following legal descriptions:
LEGAL DESCRIPTION: Lots 1, 2, 19 and 20 Block 1, Anderson's Subdivision, south one -half City of
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.
CONCLUSION
The application for the Conditional Use Permit for the purpose designated is granted based on the findings set
forth above subject to the following conditions:
✓ Fire inspection required
✓ Permit subject to a two -year review
Adopted by the City Council this 26th day of May, 1998.
ATTEST:
Gary D. Plotz
City Administrator
Marlin D. Torgerson
Mayor
J '
C
Ll
TO: Hutchinson City Council
Hutchinson Citv Center
111 Ha n Street SE
Hutchimon. VN 55350-2522
320. 587.5151 1Fax 320.234 -4240
MEMORANDUM
DATE: May 20, 1998
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CROW RIVER
SPECIAL EDUCATION COOPERATIVE TO CONTINUE TO USE AS A PUBLIC SCHOOL AND
RESIDENCE FOR THE OWNER THE PROPERTY LOCATED IN A R -2 DISTRICT AT 800
GROVE STREET S.W.
Pursuant to Section 6.07, 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 April 15, 1998, Crow River Special Education Coop submitted an application for a conditional use permit to use
as public school and residence for the owner the property located in a R -2 district at 800 Grove Street S.W.
FINDINGS OF FACT -
l. The required application was submitted and the appropriate fee paid. '
2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on
Thursday, May 7, 1998.
3. The proposal is in conformance with the requirements of a conditional use permit.
RECOMMENDATION
DENIAL APPROVAL X (with staff recommendation and following terms and conditions)
CONDITIONS:
I. Approval contingent upon fire inspection.
2. Permit subject to a two-year review.
CONSIDERATIONS/DIRECTIVES:
TERMS: City reserves the right to review all conditional use permit at their discretion.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
�J
Printed on rec cded paper- q Is—
RESOLUTION NO. 11019
•
RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT SUBMITTED BY
BILL GILK TO BE KNOWN AS ISLAND VIEW HEIGHTS THIRD ADDITION
WHEREAS, Mr. Bill Gilk, has submitted an application for approval of a preliminary and final
plat to be known as ISLAND VIEW HEIGHTS THIRD ADDITION 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;
Legal Description: Outlot B, ISLAND VIEW HEIGHTS THIRD ADDITION, according to the plat
thereof on file and of record in the office of the McLeod County Recorder, McLeod
County, Minnesota
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
That said preliminary and final plat of ISLAND VIEW HEIGHTS THIRD ADDITION
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:
✓ Verify that Lot I has a 60' width at building placement and setbacks will be
maintained. -
C
BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor
and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the
subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on
record forthwith without further formality.
Adopted by the City Council this 26th day of May, 1998.
•
ATTEST:
Gary D. Plotz Marlin Torgerson
City Administrator Mayor
Ll K
Hutchinson Citv Center
•
tll Hacvnn Stmt SE
Hutchi�n, h1N 55350.2522
320 - 587- 5151/Fe 320- 2344240
MEMORANDUM
DATE: May 21, 1998
TO: Hutchinson Citv Council
FROM:
SUBJECT:
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 April 30, 1998, Bill Gilk, submitted a preliminary and final plat of ISLAND VIEW HEIGHTS
3 ADDITION. A public hearing was held at the regular meeting of the Planning Commission on
Tuesday, May 19, 1998, at which time there were no neighboring property owners objecting to the
request.
• FINDINGS OF FACT
1. The required application and plat maps were submitted the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as published in the
Hutchinson Leader on Thursday, May 7, 1998.
3. Director of Engineering, John Rodeberg, will submit certification that the proposed
preliminary and final plat meets all the requirements of the Subdivision Ordinance as per
Preliminary and Final Plat Data.
4. Density is reduced from 33 to 20 units.
RECOMMENDATION
DENIAL _ APPROVAL Y (with staff recommendation and following terms and conditions)
CONDITIONS
1. Verify that Lot 1 has a 60' width at building placement and setbacks will be
maintained.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
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Hutchinson City Center
111 Hassan Street SE
Hulchln n. DIN 55350 -2522
320 - 587- 5151(Fax 320- 234 -4240
MEMORANDUM
TO: Hutchinson Citv Council
FROM: Hutchinson Planning Commission
DATE: May 20, 1998
SUBJECT: CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 11, ZONING
ORDINANCE 3464 SECTION 10.03 PARKING RATIO FOR FURNITURE STORES.
Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby
submitting its findings of fact and recommendation with respect to the aforementioned request to amend City
Zoning Ordinance Section 10
HISTORY
On April 10, 1998, Hutchinson Planning Staff requested an amendment to the City Code Chapter 11,
Zoning Ordinance 3436 Section 10.03 regarding parking ratio for furniture stores.
SECTION 10.03 - SCHEDULE OF OFF - STREET PARKING REQUIREMENTS
Furniture/Warehouse Stores:
One space per employee warehouse area
and
One space per 1000 sq. ft. of gross sales area.
FINDINGS OF FACT
1. All procedural requirements for amendments to the Ordinance have been complied with.
2. Notice was published in the Hutchinson Leader on Thursday, May 7. 1998.
The hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at
which time there was no one present objecting to the request.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned request to amend the
Ordinance be approved as set forth above.
Respectfully submitted,
Pnn, d on recycled paper
Dean Wood. Chairman
Hutchinson Planning Commission
L4 L
RESOLUTION NO. 11020
RESOLUTION GIVING APPROVAL OF FINAL PLAT SUBMITTED BY SCOTT AND BART
BRADFORD TO BE KNOWN AS THE MEADOWS
WHERE AS, Scott and Bart Bradford, have submitted an application for approval of a final plat
to be known as THE MEADOWS 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;
0
Legal Description: All that part of the West Half of the Northeast Quarter of Section 36, Township 117,
Range 30, McLeod County, Minnesota, lying northerly of the centerline of Golf Course Road Northwest,
and EXCEPTING THEREFROM the following described tract of land: Part of the West Half of the
Northeast Quarter of Section 36, Township 117, Range 30, McLeod County, Minnesota, described as
follows: Commencing at the northeast corner of said West Half of the Northeast Quarter of Section 36;
thence on an assumed bearing of South 00 degrees 42 minutes 42 seconds West along the East line of said
West Half of the Northeast Quarter 1657.60 feet to the point of beginning of the tract to be described; thence
continuing South 00 degrees 42 minutes 42 seconds West along said East line 530.47 feet to the centerline
of the existing Road; thence North 56 degrees 33 minutes 00 seconds West along said centerline 247.00 feet;
thence northwesterly along said centerline along a tangential curve that is concave to the southwest, said
curve having a central angle of 07 degrees 00 minutes 00 seconds, a radius length of 3596.97 feet, an arc
length of 439.50 feet; thence North 03 degrees 18 minutes 00 seconds East, not tangent to the last described
curve, 384.08 feet; thence South 69 degrees 57 minutes 00 seconds East 608.00 feet to the point of beginning
and EXCEPTING THEREFROM all that part of the Golf Course Road Northwest right -of -way lying in the
South Half of the Southwest Quarter of the Northeast Quarter of Section 36. This tract contains 48.46 acres
of land and is subject to any and all easements of record.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
That said final plat of THE MEADOWS 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:
✓ Blanket easement on the common areas of the housing parcel is required.
BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor
and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the
subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on
record forthwith without further formality.
Adopted by the City Council this 26th day of May, 1998.
ATTEST:
Gary D. Plotz Marlin Torgerson
City Administrator Mayor
•
Hutchinson City Center
1 11 Hassan Street SE
Hutchinson- MN 55350 -2522
320.5875151/Fsx 320 - 234 -4240
C
MEMORANDUM
DATE: May 20, 1998
•
•
TO: Mayor and City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF FINAL PLAT TO BE KNOWN AS 'THE MEADOWS"
SUBMITTED BY SCOTT AND BART BRADFORD, JBS, INC. LOCATED
NORTH OF GOLF COURSE ROAD.
Planning Commission recommends approval of the request noting the requirement of a
blanket easement on the common areas of the housing parcel.
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Hutchinson Cit Center
111 Hassan Street SE
Hutchinson NIN 55350 -2522
320 - 587- 5151/Fax 310 - 1344240
MEMORANDUM
DATE: May 21, 1998
TO: Mayor and City Council
FROM: Hutchinson Planning Commission
SUBJECT: RECOMMENDATION REGARDING CONTINUED USE OF A NOW
CONFORMING WAREHOUSE (TRY CYCLE) LOCATED AT 261 THIRD
AVE. N.W. IN THE C -5 DISTRICT
Planning Commission recommends approval of the use noting the following requirements:
1. The outdoor storage to be screened with an 8' opaque fence.
2. Off - loading not to encroach into traffic right -of -way.
Pnmcd on re,ened paper - 1 j I , I
Ev
9
•
Parks, Recreation & Community Education
900 Harrington Street SW
Hutchinson, MN 55350 -3097
320 - 587- 2975/Fax 320 - 2344243
N
TO: Mayor and Council
FROM: Dolf Moon, Director PRCE
Mary Haugen, Facilities and Operations Manager
DATE: May 21, 1998
RE: Mighty Ducks Grant Application
The work necessary for submitting the ice arena grant is proceeding. The deadline for submittal
is Friday, May 29. We are confident we will be able to meet that deadline.
We've discussed the rating and awarding system with the Amateur Sports Commission and it's
clear that the communities that are able to present their case best and that will provide the most
detailed documentation will more likely receive the $250,000 grant award. In order to
accomplish this, we've met with the city's leadership team to discuss options for the grant
application. Discussions centered on hiring the consulting firm of Bonestroo, Rosene, Anderlik
& Associates to assist with certain portions of the grant application. These are the items the
consultant would provide assistance with:
1. Create Site Plan
A. Show existing facilities
B. Identify environmental instructions
C. Show county roads, city streets, and highways
2. Architectural drawings
A. Show existing facility and how new addition integrates
B. Show elevations
C. Provide detailed information on additional locker room space, especially for
gender equity issues
3. Environmental Intrusion Statement
A. Show man -made development, utility lines, water, sewer, etc.
B. Prepare mitigation statement for each intrusion
4. Geographic Location Map, identifying proposed new recreation area
• 5. Provide detailed construction cost estimate
Pnnted on re,wled paper -
4 'Fl.
Page 2 •
These five items could be created locally. The question posed was how would the city be .ble to
submit an application most likely to receive funding. The leadership team all agreed that .ring
Bonestroo and Associates would be in the city's best interest based on the following:
- The approaching deadline
- Bonestroo's past work on our present arena, their expertise in ice arena construction,
and past success in grant application assistance
- The city's desire to submit the best possible application
The consultant's fee would be charged on a time and materials basis, not to exceed $3,200. City
staff will be responsible for the completion of five other components of the grant. The fee would
be paid from the Capital Improvement Fund.
With the consultant's assistance, we will be able to submit the best possible application. Ours
will be rated beside others, with the one that shows the greatest need and the most solid local
funding receiving funding.
MH/sp
A idab b , Hutchinson Are Health Care
Hutchinson Community Hospital
�O1
Burns Manor Nursing Home • Dassel Medical Center • tinted Family Practice Clinic
• 14 * - W 1095 Highway 15 South Hutchinson. MN 55350 (320) 234 -5000
.day ^ : 1998
May 20, 1998
The Honorable Mayor Marlin Torgerson and
Members of the City Council
Hutchinson City Center
111 Hassan SL S.
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 May 19, 1998, considered
results of the bid process for the Hutchinson Medical Center Exam Room Renovation. The following is an excerpt from the
minutes of that meeting:
" Hutchinson Medical Center Exam Room Renovation. The tabulation of the two bids received for the exam room
renovation were reviewed. Hutchinson Plumbing and Heating was the mechanical subcontractor on both bids, while
Quade's was the electrical subcontractor for both bids.
"Following discussion, motion was made by Peterson, seconded by Myers, to recommend to the City Council award of
the lowest bid to Schatz Construction, Inc. of Glencoe, at a bid cost of $95,200. All were in favor. Motion carried."
Thank you, in advance. for your consideration of this recommendation. Don Erickson will be able to answer any questions you
may have about this request.
Sincerely,
H HINSON AREA TH CARE
c
Philip G. Graves
President
PGG:cs
Attachments
•
4Q
RMC EXAM ROOM BID OPENING
Contractor
Base bid
Mechanical
Electrical
Bid Bond
Days to Complete
Subcontractor
Subcontractor
Louis Dammann
& Sons
$113,472.00
Hutchinson Plbg. &
Quades
5%
90 days
Construction
Heating
Lester Prairie,
MN
Schatz
$ 95,200.00
Hutchinson Plbg. &
Quades
5%
60 days
Construction, Inc
Heating
Glencoe, MN
�.\BIM6IDSMECH&ELEC.DOC
r
YOUR INFORMATION
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, May 19, 1997
1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members
present: Bill Arndt, Dave Westtund, Jeff Haag, Jim Haugen, Joe Drahos, Jeff Jones and Chairman
Wood. Also present Jim Marka, Director of Building, Planning and Zoning, Bonnie Baumetz,
Planning and Zoning, John Rodeberg, City Engineer, and G. Barry Anderson, City Attorney.
2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED APRIL 21, 1998
Mr. Haag made a motion to approve the minutes of the meeting dated April 21, 1998. Seconded by
Mr. Westiund the motion carried unanimously.
3. PUBLIC HEARINGS
a) CONSIDERATION OF PRELIMINARY PLAT "BROLUS SECOND ADDITION' REQUESTED
BY DAVID BROLL LOCATED SOUTH OF ORCHARD AVE. SE.
Chairman Wood reopened the hearing at 5:35p.m. with the reading of publication #5154 as
published in The Hutchinson Leader on Thursday, April 9, 1998- The request is for the
purpose of considering a preliminary plat to be known as "Broil's Second Addition ".
Mr. Broll explained he would like to build three 5 -plex units. The homes will be single level,
the same level as the homes across the street
Mr. Marka read staff recommendations concerning bike paths, sanitary sewer, and sidewalk
an Century Avenue. The garages will be set back 35 feet from the boulevard. Mr. Marka
also gave the comparison of the number of units that could be built if there were twins homes
built on this property. Density allows fourteen to sixteen twin home units.
Mr. Ken Jensen, 1260 Bradford, asked if there would be one association agreement or three
Mr. Broll said, one association agreement that will include the limitation of parking of mobile
homes, travel trailers, and boats.
Garey Knudsen, 130 Orchard Ave NE presented a petition signed by citizens in the area
opposing the rezoning of Broil's second addition to allow for the construction of three five -
plex units.
The Petition read as follows:
Rationale for opposing this development:
Additional high density housing constructed in this area will generate unwanted
increased traffic on an already congested Century Avenue.
2. Additional traffic generated by high density housing will create hazards for the youth
and general public using Elk's Park which is located less than a block away from the
proposed building site.
3. The development of additional high density housing has the potential of decreasing
the value of adjacent residential properties.
Jeff Jones asked what kind of guarantee can we give the people regarding new
developments, conceming traffic, etc.
Jim Marka explained this area is easy to be served for sewer and water, and with commercial
development along Hwy 15 South there will be growth in this area. Mr. Marka also
questioned if we could legally turn this development down.
Randy Damman, 115 Orchard Ave. said this area is zoned R -1, they would not be turning
anyone down if they were developing as R -1. 10
Ms. Baumetz suggested amending the comprehensive plan to low density for the abutting
property to the east of Broil's 2n Addition.
Mr. Marka said we could add verbage in the comprehensive plan to recommend transitional
zoning.
Garey Knudsen said there is the fear of the unknown if this land is being rezoned to R -3 or
R-4.
Mr. Jones asked if roads could be built first before developing this property to eliminate some
traffic problems.
Mr. Damman asked about constructing sidewalk first.
Barry Anderson, city attorney, said when property is annexed in the city and abuts R -3 district
the door is open to other R -3 development, but from a legal stand point it is not risk for future
developers.
Mr. Haag moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:30 p.m.
Mr. Arndt made a motion to recommend approval of the request with staff recommendations.
Seconded by Mr. Haugen, roll call vote taken commissioners Arndt, Westlund, Haugen,
Drahos in favor and Haag and Jones opposed. The motion carried.
b) CONSIDERATION OF REZONING FROM R -1 TO R -3 TO CONSTRUCT THREE 5 -PLEX
UNITS IN BROLL'S SECOND ADDITION,
Chairman Wood reopened the hearing at 6:30 p.m. with the reading of publication #5155 as
published in The Hutchinson Leader on Thursday, April 9, 1998. The request by David Broil
is for the purpose of considering a request to rezone property from R -1 to R -3 located on
Orchard Avenue SE.
Mr Weslund suggested the comprehensive plan recommend restricting to R -1 the area south
and east of Broll's Addition.
Mr. Jones asked for something definite to improve traffic control.
John Rodeberg said we are actively working on a bike trail and sidewalk within a two -year
period. This is major project for early 2000.
Mr. Haag recommended minimum of 300 to 500 feet of property south of Sherwood St. be
zoned as R -2 in the Comprehensive Plan.
Mr. Jones moved to close the hearing, seconded by Mr. Westlund the hearing closed at
6:40 p.m. Mr. Haag made a motion to approve the request and to extend a 400' buffer area
south of south boundary of Broil's 2n Addition and south and east of Sherwood Street to be
zoned low denisty. Seconded by Mr. Haugen. Five Commissioners approved, Mr. Jones
opposed, the motion carried.
C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID BROLL TO
CONSTRUCT THREE FIVE -PLEX UNITS ON PROPERTY LOCATED IN BROLL'S
SECOND ADDITION.
MINUTES REVISED
HUTCNINSON PLANNING COMMISSION
Tuesday, May 19, 1997
Jim Marka explained this area is easy to be served for sewer and water, and with commercial
development along Hwy 15 South there will be growth in this area. Mr. Marka also
questioned if we could legally turn this development down.
Randy Damman, 115 Orchard Ave. said this area is zoned R -1, they would not be turning
anyone down if they were developing as R -1.
Ms. Baumetz suggested amending the comprehensive plan to low density for the abutting
property to the east of Broll's 2 Addition.
Mr. Marka said we could add verbage in the comprehensive plan to recommend transitional
zoning.
Garey Knudsen said there is the fear of the unknown if this land is being rezoned to R -3 or
R -4.
Mr. Jones asked if roads could be built first before developing this property to eliminate some
traffic problems.
Mr. Damman asked about constructing sidewalk first.
Barry Anderson, city attorney, said when property is annexed in the city and abuts R -3 district
the door is open to other R -3 development, but from a legal stand point it is not risk for future
developers.
• Mr.Haag moved to close the hearing, seconded by Mr. Arndt the hearing dosed at 6:30 p.m.
Mr. Arndt made a motion to recommend approval of the request with staff recommendations.
Seconded by Mr. Haugen, roll call vote taken commissioners Arndt, Westlund, Haugen,
Drahos in favor and Haag and Jones opposed. The motion carried.
b) CONSIDERATION OF REZONING FROM R -1 TO R -3 TO CONSTRUCT THREE 5-PLEX
UNITS IN BROLL'S SECOND ADDITION.
Chairman Wood reopened the hearing at 6:30 p.m. with the reading of publication #5155 as
published in The Hutchinson Leader on Thursday, April 9, 1998. The request by David Broil
is for the purpose of considering a request to rezone property from R -1 to R -3 located on
Orchard Avenue SE.
Mr Westund suggested the comprehensive plan recommend restricting to R -1 the area
south and east of Broil's Addition.
Mr. Jones asked for something definite to improve traffic control.
John Rodeberg said we are actively working on a bike trail and sidewalk within a two -year
period. This is major project for early 2000.
Mr. Haag recommended minimum of 300 to 500 feet of property south of Sherwood St. be
zoned as R -2 in the Comprehensive Plan.
Mr. Jones moved to close the hearing, seconded by Mr. Westlund the hearing closed at
6:40 p.m. Mr. Haag made a motion to approve the request and to extend a 400' buffer area
• to allow for low density (R- 1 /R -2) transitional zoning. East of Sherwood St.. and south of the
single family residential along Orchard Ave. Seconded by Mr. Haugen. Five
Commissioners approved, Mr. Jones opposed, the motion carried.
C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID BROLL TO
CONSTRUCT THREE FIVE -PLEX UNITS ON PROPERTY LOCATED IN BROLL'S
SECOND ADDITION.
Chairman Wood reopened the hearing at 6:45 p.m. with the reading of publication #5156 as
published in The Hutchinson Leader on Thursday, April 9, 1998, The request is to construct
three five -plex units in a R -3 zoning district located on Orchard Avenue S.E.
Mr. Westlund moved to close the hearing, seconded by Mr. Drahos the hearing closed at
6:46 p.m. Mr. Westlund made a motion to recommend approval of the request with staff
recommendations, seconded by Mr. Haugen, five commissioners approved, Mr. Jones
opposed, the motion camed.
d) CONSIDERATION OF REZONING FROM C-4 TO C -2 AND LOT SPLIT LOCATEDAT1115
HWY 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY GIKAS, 530 SE 5TH
STREET #4, MINNEAPOLIS, MN
Chairman Wood opened the hearing at 6:50 p.m. with the reading of publication #5168 as
published in The Hutchinson Leader on Thursday, May 7, 1998, The request is to rezone
property from C-4 to C -2 located at 1115 Hwy 7 West.
Mr. Marka explained the request to allow office or commercial business. Planning staff
recommends approval.
Mr. Arndt moved to close the hearing, seconded by Mr. Westund the hearing closed at 6:52
p.m. Mr. Haag made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Haugen the motion carried unanimously.
e) CONSIDERATION OF VARIANCE TO REDUCE LOT DEPTH FROM 150' TO 144'
LOCATED AT 1115 HWY. 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY
GIKAS. 530 SE 5TH STREET #4, MINNEAPOLIS, MN 55414.
Chairman Wood opened the hearing at 6:53 p.m. with the reading of publication #5169 as
published in The Hutchinson Leader on Thursday, May 7, 1998, -The request by Tony Gikas
is for a variance to reduce lot depth from 150' to 144' located at 1115 Hwy 7 West,
Mr. Marka explained this is an existing building on a nonconforming lot. Planning staff
recommends approval.
Mr. Haugen moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:54
p.m. Mr. Arndt made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Haugen the motion carried unanimously.
CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CROW RIVER
SPECIAL EDUCATION COOPERATIVE TO CONTINUE SCHOOL OPERATION IN THE
FORMER BETHANY BAPTIST CHURCH LOCATED AT 800 GROVE ST. SW
Chairman Wood opened the hearing at 6:55 p.m. with the reading of publication #5170 as
published in The Hutchinson Leader on Thursday, May 7, 1998, The request by Crow River
Special Education Coop is to continue to use as a public school, and residence for the owner,
property located in a R -2 District at 800 Grove Street SW.
Ms. Baumetz explained the present conditional use permit has expired, and needs to be
extended for two years.
Mr. Arndt moved to close the hearing, seconded by Mr. Jones the hearing closed at 6:57
p.m. Mr. Arndt made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Haugen the motion carried unanimously.
g) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS APPLEBEE'S
ADDITION SUBMITTED BY APPLEBEE'S INTERNATIONAL TO CONSTRUCT A
RESTAURANT TO BE LOCATED AT 1305 HWY 15 SOUTH.
Chairman Wood opened the hearing at 6:58 p.m. with the reading of publication #5171 as
published in The Hutchinson Leader on Thursday, May 7, 1998, The request is for
preliminary and final plat to be known as " Applebee's Addition" submitted by Applebee's
International to construct an Applebee's Restaurant to be located at 1305 Hwy 15 South.
h)
Darren Lazar, Landform Engineering Company, explained the placement of the restaurant,
and the need for parking setbacks. He stated concerns regarding only one access. When
Denver Ave. is developed, the Hwy 15 access will be closed and a Denver access will be
constructed. This will be part of the development agreement.
Mike Specht, Applebee's International, said this is a smaller prototype building
John Rodeberg said State guidelines do not permit access within 400' of an intersection.
This is an option that could be left open if an median is constructed on Denver Ave.
Mr. Lazan said they need access movement around the building for pickup and delivery and
customer drop off.
Property access locations will be worked out with City Engineer.
Mr. Westlund moved to close the hearing, seconded by Mr. Arndt the hearing closed at 7:15
p.m. Mr. Arndt made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Jones the motion carried unanimously.
CONSIDERATION OF VARIANCE REQUESTED BY APPLEBEE'S TO REDUCE PARKING
SETBACK LOCATED AT 1305 HWY 15 SOUTH.
Chairman Wood opened the hearing at 7:16 p.m. with the reading of publication #5175 as
published in The Hutchinson Leader on Thursday, May 7, 1998. The request is for a
variance submitted by Applebee's International, Inc. 4551 W. 107-th St, Suite 100, Overland
Park, Kansas 66207 to reduce the parking set backs from 6' to 0.5' on the north lot line and
from 10' to 5' on south lot line located at 1305 Hwy 15 South.
Mr. Marka said Applebee's will work with Ridgewater College on storm water retention.
Mr. Rodeberg said the college property will require ponding.
Beth Hepola, said the college has no serious concerns about parking setbacks or storm
water retention, however they will make no commitments at this time.
Mr. Marka asked Applebees to meet city requirements for setbacks. Mr. Rodeberg said the
college property will require ponding.
Mr. Rodeberg said if Denver Ave. isn't built Hwy 15 Ave will remain Applebee's access.
Mr. Arndt moved to close the hearing, seconded by Mr. Wesbund the hearing closed at 7:25
p.m. Mr. Haag made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Arndt the motion carried unanimously.
CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS "ISLAND
VIEW HEIGHTS 3RD ADDITION" SUBMITTED BY BILL GILK.
Chairman Wood opened the hearing at 726 p.m. with the reading of publication #5173 as
published in The Hutchinson Leader on Thursday, May 7, 1998. The request is for
consideration of a preliminary and final plat to be known as "Island View Heights 3rd Addition"
submitted by Bill Gilk.
Mr. Gilk explained the location of Island View Heights 3rd Addition. His development will
have a significant covenant not allowing parked recreation vehicles, or detached dog kennels.
This plat will be reducing the density. Single family dwellings will be built instead of twin
homes.
This is a planned development district with narrower lots, but density requirements will be
• met.
Mr. Arndt moved to close the hearing, seconded by Mr. Westlund the hearing closed at 7:45
p.m. Mr. Haugen made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr.Weslund the motion carried. Mr. Haag abstained from
voting.
CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.03
REGARDING PARKING RATIO FOR FURNITURE STORES.
Chairman Wood opened the hearing at 8:46 p.m. with the reading of publication #5176 as
published in The Hutchinson Leader on Thursday, May 7, 1998. The request is for
consideration of amendment to zoning ordinance section 10.03 regarding parking ratio for
furniture stores.
Ms. Baumetz explained the changes to the amendment
Mr. Westund moved to close the hearing, seconded by Mr. Jones the hearing closed at 8.48
p.m. Mr. Haag made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Haugen the motion carried unanimously.
NEW BUSINESS
a) Consideration of final plat known as "The Meadows" submitted by Scott and Bart Bradford.
• Mr. Westlund made a motion to recommend approval with staff recommendations. Seconded
by Mr. Haugen the motion carried unanimously.
b) Discussion of request by Roger Kleman to outdoor display of automobiles in the C -3 District.
To be continued next month.
C) Discussion of Try-Cycle recycling Center warehouse and outdoor storage located in the C -5
District.
Mr. Hamre explained he is using the warehouse building for a recycling business.
Jim explained this is an existing nonconforming building, they propose to off load without
blocking traffic. Try-Cycle will be required to screen outdoor storage with 8' opaque fence.
Mr. Haag made a motion recommend approval with staff recommendations. Seconded by
Mr. Arndt the motion carried unanimously.
d) Presentation by Jean Ward and Ross Currier on the Home at Last Initiative.
5. OLD BUSINESS
REVIEW OF SECTION 10.10 - 10.15 OF THE ZONING ORDINANCE (Will review in June time
permitting)
0 6. COMMUNICATION FROM STAFF
7. ADJOURNMENT
There being no further business the meeting adjourned at 8:45 p.m.
faW Rust EnOw.iNnt & Mtrastructure Inc.
• a Bust Inornanonal Cwnoanr 'ms's 572 551 :001
3=cdrroa on" None Pas 5125512499
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Nirdmws. MN 55"1
May 21. 1998 tron-tr Fax Note 7871
John Rodeberg,P.E.
Engineering & Public Works
City of Hutchinson
11 l Hassan Street SE
Hutchinson, MN 55350 -2522
Re: Engineering Services Proposal
Trunk Sanitary Sewer Design Report
Airport Drainage Basin
Rust Proposal No. 980521.100
6
Dear Mr. Rodeberg:
• During our meeting on April 30, 1998, we discussed the proposed lift station adjacent to the W WTF
and the Airport Drainage Basin trunk sanitary sewer as shown in the 1997 Comprehensive Sanitary
Sewer Plan. This letter presents our proposal to prepare a design report that would provide the
decision making basis for selecting major design options of the general plan. The design report
would provide a more refined cost estimate for the selected design options and would document the
conceptual design of the lift station.
The Comprehensive Sanitary Sewer Plan shows the route of the estimated 27" diameter trunk
sanitary sewer from the southeast comer of the proposed Target site as following a gentle swale to
the east- northeast to County Road 25 and thence dropping and by gravity sewer crossing the Crow
River to the proposed lift station adjacent to the W WTF. Most of this area is not yet platted. As we
discussed, in order to proceed with the tentative 1999 construction of this first phase, the route must
follow existing right of way or be along existing property lines. Consequently, the route would
follow CR 25 south to an existing east -west property line extending to the southeast comer of the
Target parcel. At this point, the major design decision for the first phase concerns the manner of
crossing the Crow River.
The depth of the proposed lift station is shown on the Comprehensive Sanitary Sewer Plan to be
about ten feet deeper than it needs to be to serve either the TH22 or Airport Drainage Basins. This
extra depth is to facilitate a gravity sewer crossing under the river. This extra depth has significant
/ ,
Mr. John Rodeberg, P.E. - 980521.100
May 21. 1998
Page 2
consequences for the depth of lift station wetwell, required pump motor size, and long -term energy
consumption of the lift station. This translates into significant capital and operation and maintenance
costs for the lift station and deep 30" diameter trunk main. Furthermore, the safe scour depth of the
Crow River at this location is not accurately known. If deeper than estimated, then costs will rapidly
increase. It is proposed to initially make a detailed analysis, based upon the City's 2' contour
interval traps, of the cost difference between the inverted siphon and its associated lift station and
the gravity sewer crossing and its lift station design.
At our meeting of April 30, 1998, we touched on some of the design decisions for the proposed lift
station. The proposed lift station has a peak design flow rate of 7.61 MGD or 5280 g.p.m. according
to the Comprehensive Plan. For a station of this size, we recommend standby power. The design
report would document whether a second independent utility feed or a genet should be provided-
It is proposed that submersible pumps be used. The design report will provide recommendations as
to whether pumps would be installed in a wetwell or drywell, whether constant speed or VFD will
be used and the configuration of the wetwell to minimize turbulence and deposition of solids. The
design report will present the conceptual layout of the lift station. The design of the lift station
depends heavily on the depth of incoming sewer, which depends upon whether an inverted siphon
or gravity sewer crossing of the Crow River is to be made.
The second phase of the trunk project, which is tentatively scheduled for construction in 2000, is
shown in the Comprehensive Plan as 21" and 24" sanitary sewer extending from the southeast comer
of the Target site at TH 15 to the interim Century Avenue extension at Dale Street. The route shown
in the Comprehensive Plan may or may not provide gravity service to parcels adjacent to and west
of the airport, depending upon the type of development proposed. This route and depth will be
relatively expensive. A less expensive route such as along the south and west lines of the Target site
to intercept flow in Century Avenue could possibly be made. This would necessitate a separate lift
station to serve these westerly properties. To determine a prudent course of action, it is proposed
to develop the estimated construction Cost difference between the routes and weigh this difference
against the uncertainties of potential development to the west.
The thrust of the design report is to provide information and guidance to resolve the foregoing design
issues and to, finally, document the consensus answer to these issues.
Before preceding with this conceptual design, the potential cost savings of an inverted siphon river
crossing should be evaluated. Besides decreasing the depth of the lift station wetwell, pump head,
and associated capital and energy costs, the inverted siphon crossing should be more insensitive to
actual conditions than a gravity crossing. An inverted siphon crossing could utilize HDPE pipe
installed by directional boring. This would be mostly insensitive to river bottom elevation and soil
conditions. It would minim z e disruption during construction. Of course, there is the potential for
the inverted siphon to require additional cleaning maintenance, However, the availability of a
relatively large head drop across the inverted siphon should allow for higher velocities and minimize
deposition potential. •
WAY -21 -96 10:41 Froe:RUST E i 1 6125512499 T -270 P.03/03 lob -243
Mr. John Rodeberg, P.E. - 980521.100
May 21. 1998
Page 3
We propose to utilize two foot contour information an d plat maps that you would provide us as the
basis of an initial analysis of these design questions. We would not reevaluate projected flowrates
as part of this work. We understand that these improvements would be funded from utility funds
or established developer trunk fees and, eoneoquently, would not prepare a financing plan as part of
the design report. We will present our initial findings and tentative recommendations to you in a
draft design report before scheduling a review meeting. Depending upon the consensus of our
meeting, it may be prudent to obtain preliminary survey and geotechnical information before
proceeding to finalize the design report The subconsultant costs for preliminary survey and
geotechnical work are not included in this proposal. However, Rust E&I costs to prepare the final
design report are included.
Our fee for the design report will not exceed 518,000.00 based upon the above scope of services.
We can initiate the design report upon receipt of a purchase order referencing this proposal.
Alternatively, we can prepare a detailed contract for execution by the City. Preliminary findings will
be available within 60 -90 days of authorization.
Please call with any questions or concerns.
Sine k co
Infrastructure
cc: Marketing
L.1 WORKW 1.rrCMI07130%CORRSS%TRYS W RPR NR n
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RESOLUTION NO. 11017
• RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT TO BE KNOWN
AS APPLEBEE'S ADDITION
WHERE AS, Applebee's International, has submitted an application for approval of a preliminary
and final plat to be known as APPLEBEE'S ADDITION 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;
Legal Description: That part of the Southwest Quarter of the Northwest Quarter of Section Seven (7) in
Township One Hundred and Sixteen (116) North of Range Twenty-nine (29) West, described as follows, to-wit:
Beginning at the Southwest Comer of said Southwest Quarter of the Northwest Quarter of said Section 7, thence East
334.7 to a point; thence North parallel with the West line of said Southwest Quarter of the Northwest Quarter, 200 feet
to a point; thence West 334.7 feet to the West line of said Southwest Quarter of the Northwest Quarter, and thence South
200 feet to the point of beginning, being also known as part of Lot Eighteen(18) of the Auditor's Plat of Section 7,
Township 116, Range 29. and
That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 116 North, Range 29 West,
described as follows: Commencing at the southwest comer of said Northwest Quarter; thence easterly along the south
line of said Northwest Quarter a distance of 334.70 feet to the point of beginning of the land to be described; thence
continuing easterly, along said south line, a distance of 100.00 feet; thence northerly, parallel with the west line of said
Northwest Quarter, a distance of 200.00 feet; thence westerly, parallel with said south ilne, a distance of 100.00 feet,
• thence southerly, parallel with said west line, a distance of 200.00 feet to the point of beginning. This is part of Lot 18
of the Auditors Plat of Section 7, Township 116, Range 29 West.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
That said preliminary and final plat of APPLEBEE'S ADDITION 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:
✓ The Hwy 15 access will be required to be removed when Denver Avenue is improved
✓ Storm drainage shall be to predevelopment status
✓ Parkland dedication will be addressed in the subdivision agreement, noting the additional
right -of -way will be a consideration to accommodate sidewalk and bikepath.
BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor
and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the
subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on
record forthwith without further formality.
Adopted by the City Council this 26th day of May, 1998.
ATTEST:
• Gary D. Plotz Marlin Torgerson
City Administrator Mayor
g
L
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350.2522
320.587.5151/Fax 320 - 2144240
MEMORANDUM
DATE: May 21, 1998
TO: Hutchinson City Council
FROM:
SUBJECT:
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 prelimmary plat.
HISTORY
On April 30, 1998, Applebee's International, submitted a preliminary and final plat of APPLEBEE'S
ADDITION located at 1305 Hwy 15 South. A public hearing was held at the regular meeting of the
Planning Commission on Tuesday, May 19, 1998, at which time there were no neighboring property
• owners objecting to the request.
FINDINGS OF FACT
The required application and plat maps were submitted the appropriate fee paid.
Notices were mailed to the surrounding property owners as well as published in the
Hutchinson Leader on Thursday. May 7, 1998.
Director of Engineering, John Rodeberg, will submit certification that the proposed
preliminary plat meets all the requirements of the Subdivision Ordinance as per Preliminary
Plat Data.
RECOMMENDATION
DENIAL _ APPROVAL X (with staff recommendation and following terms and conditions)
CONDITIONS
1. When Denver Avenue is improved, the Hwy. 15 access will be required to be
removed. Highway access to be negotiated with City Engineer.
2. Storm drainage shall be to predevelopment status.
Parkland dedication will be addressed in the subdivision agreement, noting the
additional right - of[way will be a consideration to accommodate sidewalk and
bikepath.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
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I hereby Certify that I how s jmd and plaited the land de
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Uwe a no wethnds as defiled h Yiulesota Statutes 505.
Danld L Ihunne; Land Su
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I I I I I ®M`I I S All� . .
RESOLUTION NO. 11018
RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF
ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY APPLEBEE'S
• INTERNATIONAL TO REDUCE PARKING SETBACK LOCATED AT APPLEBEE'S
RESTAURANT, 1305 HWY 15 SOUTH
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Applebee's International, has applied for a variance from Section 6.04 of Zoning Ordinance
No. 464 to reduce parking setbacks on the North and South sides of the property located at 1305 Hwy 15
South, with the following legal description:
Legal Description: That part of the Southwest Quarter of the Northwest Quarter of Section Seven (7) in
Township One Hundred and Sixteen (116) North of Range Twenty-nine (29) West, described as follows, to -wit:
Beginning at the Southwest Corner of said Southwest Quarter of the Northwest Quarter of said Section 7, thence East
334.7 to a point; thence North parallel with the West line of said Southwest Quarter of the Northwest Quarter, 200 feet
to a point; thence West 334.7 feet to the West line of said Southwest Quarter of the Northwest Quarter; and thence South
200 feet to the point of beginning, being also known as part of Lot Eighteen(18) of the Auditor's Plat of Section 7,
Township 116, Range 29. and
That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 116 North, Range 29 West,
described as follows: Commencing at the southwest comer of said Northwest Quarter; thence easterly along the south
line of said Northwest Quarter a distance of 334.70 feet to the point of beginning of the land to be described; thence
continuing easterly, along said south line, a distance of 100.00 feet; thence northerly, parallel with the west line of said
Northwest Quarter, a distance of 200.00 feet; thence westerly, parallel with said south line, a distance of 100.00 feet,
. thence southerly, parallel with said west line, a distance of 200.00 feet to the point of beginning. This is part of Lot 18
of the Auditor's Plat of Section 7, Township 116, Range 29 West.
2. The Planning Commission has reviewed the application for a variance and has recommended
to the City Council that the application for variance be approved as set forth above.
3. The Council has considered the effect of the proposed variance upon the health, safety, and
welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the
public safety, and the values of property in the surrounding area and the effect of the proposed variance upon
the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variance will not impair an adequate supply of
light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any
other aspect be contrary to the intent of the ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or structures in the
district in which such land is located.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
•
CONCLUSION
The application for the variance for the purpose designated is granted based on the findings set •
forth above noting the following:
✓ Ridgewater College submitted no opposition regarding parking setback reduction to 0'.
✓ The hardship is validated by the additional right -of -way dedication of 5' on the South property
line and the access management arrangement to be worked out with the City Engineer and
MNDot prior to building permit execution.
✓ The right -of -way is platted as an outlot. The subdivision agreement will address the dedication
procedure.
Adopted by the City Council this 26th day of May, 1998.
ATTEST:
Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor
Hutchinson Citv Center
111 Hassan Street SE
Hutchinson. MN 55350.2522
320 - 587- 5151/Fe 320.234 -4240
MEMORANDUM
DATE: May 21, 1998
TO: Hutchinson City Council
FROM: Hutchinson Plannin¢ Commission
SUBJECT:
HISTORY
On May 4, 1998, Applebee's International, Inc. submitted an application for a variance to reduce the parking
setbacks from 6' to 0.5' on the north lot line and from 10' to 5 on south lot line at 1305 Hwy. 15 South. A
hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at which
time there was no one present objecting to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee Paid.
2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson
Leader on Thursday, May 7, 1998.
RECOMMENDATION
DENIAL _ APPROVAL x (with staff recommendation and following terms and conditions)
CONDITIONS:
I. Ridgewater College was advised and submitted no opposition regarding parking with 0'
setback..
2. The hardship is validated by the additional riQttt -of -way dedication of 5' (30' vs. 35') and the
access management arrangement to be worked out with the City Engineer and MNDOT
prior to the building permit execution.
3. The right -of -way is platted as an outlot. The subdivision agreement will address the
dedication procedure.
CONSIDERATIONS/DIRECTIVES:
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
0
Pwcd on ¢ ,6cd paper - U c
Pursuant to Section 6.04, 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 variance.
Applebee's
REVISED COPY
_ DEVELOPMENT AGREEMENT
Applebee's Addition
• CITY OF HUTCHINSON, MINNESOTA
THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between
Apple American Limited Partnership of Minnesota, a Minnesota corporation, Fee Owner, hereinafter called
the "Subdivider"; and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of
Minnesota, hereinafter called the "City";
WITNESSETH:
WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod,
State of Minnesota, which has been surveyed and platted as;
"Applebee's Addition"
WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements
in the subdivision;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
• 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site
preparation and grading. All areas within the final plat shall be graded to within 0.5 feet of final grade
to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to
within 0.2 feet of approved grades. The Subdivider shall clear trees and/or debris from utility easements
and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All
work shall conform with the approved Site Grading Plan, and shall be completed prior to the
commencement of construction on the site.
2. It is agreed and understood that natural gas or electric distribution mains and services will not be
scheduled for installation until all provisions of paragraph 1 of this section have been met.
3. The Subdivider shall provide all erosion control during site grading work, prior to infrastructure
construction, necessary to meet local and state requirements.
4. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points
for all infrastructure and site construction.
5. It is agreed and understood that the Subdivider shall be responsible for assuring that building construction
is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical
and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential
drainage damage. Any costs associated with correcting these conflicts shall be the sole responsibility of
the Subdivider.
ApPWa 's AM*WPap 1 l
1. The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and •
appurtenances, lateral and trunk watermain and appurtenances, sanitary sewer service leads, water service
leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street
surfacing, street signs and lighting, and appurtenances to serve the plat.
2. It is understood and agreed that the City under one or more contracts will install the improvements in
Paragraph No. 1. Phase 1 improvements shall include extension of sanitary sewer and watermain service
to the southwest corner of the property within proposed future Denver Avenue SE. Services to serve the
parcel will be extended to the future right -of -way of Denver Avenue. Future improvements are proposed
to include construction of utility and street improvements within proposed Denver Avenue SE, and the
potential extension of storm sewer improvements to serve the plated area.
3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include
contracted costs, city administration and engineering costs and capitalized interest cost.
4. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall be assessed
to the Subdivision based on the following understanding:
a. The assessable front footage for sanitary sewer and watermain improvements is determined to be
332.68 feet. This is based on 317.68 feet on the south side of the plat, and 15' along State
Highway No. 15 (based on credit of 150' off the 165' of frontage).
b. Lateral sanitary sewer improvements shall be assessed based on $30 /front foot, including services
to the property line ($9,980.40), plus the actual cost of the service extension from the lateral
(approximately $1,200). -
c. Lateral watermain improvements shall be assessed based on $30 /front foot, including services to
the property line ($9,980.40), plus the actual cost of the service extension from the lateral
(approximately $1,200).
d. Future lateral storm sewer assessments are proposed for improvements that may include extending
• storm sewer lateral along the west line of the property to serve future Denver Avenue, north to
• proposed pond on the Ridgewater College property. Applebee's storm sewer system would be
connected to this line. The assessment would be based on the actual portion of the storm sewer
being utilized by the plat, and shall not exceed $6,500 (1998 basis).
e. Future street assessments would include Denver Avenue SE improvements, and future curb and
gutter on TH 15 if City has share of costs. The Denver Avenue SE construction is estimated at
$80 /foot (317.68 feet would be $25,414.40) based on current projected costs. Actual costs will be
determined at the time of construction, but shall not exceed this figure (1998 basis).
5. It is understood and agreed that Trunk Sanitary Sewer and Watermain Fees will be charged per current
City Policy. Cost may be collected with building permits, or assessed. Rates for 1998 would be:
Sanitary Sewer: 1.2 acres @ $1,600 /acre = $1,920.00
Watermain: 1.2 acres @ $1,100 /acre = $1,320.00
It is understood and agreed that if Outlot A is not donated for street and trail purposes, an additional
assessment for the 0.26 acres will be required at the rate in place at the time of assessment.
6. It is understood and agreed that a Trunk Storm Sewer assessment may be due for providing an outlet for
the detention pond on Applebee's site, or for the Ridgewater College pond. If the Subdivider provides for
appropriate storm sewer ponding the meets all "Best Management Practices" on -site or adjacent to said
site, the Trunk Storm Sewer assessment shall not exceed $5,000 (1998 cost basis). •
Appkbee'S Adddlor&age 2
7. It is understood and agreed that any agreements regarding the method and procedure for assessments from
municipal improvements shall, at the sole option of the City, cease to be effective thirty-six months
• following approval of the Subdivision Agreement by the City. The City may exercise the option granted
herein by giving written notice at any time, either before or after the expiration of the thirty six month
period, of the City's intention to nullify the method and procedure for spreading assessments under the
terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the
notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable
laws. The written notice called for by this paragraph shall be given to the fee owner of the property as
disclosed by the records of the McLeod County Recorder or Registrar of Titles.
1. It is understood and agreed that a Parks and Playground Contribution will be required to be made to the
City. It is the proposal of City staff to allow the dedication of Outlot A for street and trail purposes to be
the entire Parks & Playgrounds contribution. This proposal is subject to approval by the City Council
based on the recommendation of the Park Board. It is understood that the normal Parks and Playground
contribution for this property would be approximately $6.750
2. It is understood and agreed that Outlot A shall be dedicated to the City of Hutchinson for use as right -of-
way. As compensation for dedicating this right -of -way, in addition to that noted in Paragraph 111. 1, the
City shall credit the Subdivider $5,000 on the sanitary sewer and watermain assessments to be constructed
in 1998. It is also agreed and understood that if Denver Avenue SE is constructed in this location prior
to December 31. 2003 the Subdivider will be credited an additional $5,000 on the street assessments
(1998 basis). If it is determined that Denver Avenue SE will not be constructed at this location location
prior to December 31. 2003 it is understood that the owner of the property will have the right to
• repurchase the property from the City, subject to utility and drainage easements, for 511.750 (1998 basis)
3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees
for Electric and Gas Service to Hutchinson Utilities. These fees shall be agreed upon between the
Subdivider and Hutchinson Utilities.
4. It is understood and agreed that no permanent direct accesses shall be allowed on TH 15 without approval
from the City and the Minnesota Department of Transportation (Mn/DOT). Due to the proposed future
construction of Denver Avenue SE on the south side of the parcel, the City agrees that temporary access
to TH 15 will be allowed until access can be provided from Denver Avenue. It is understood and agreed
that when Denver Avenue is constructed, the City shall include the construction of a new access on
Denver and the removal of the temporary access off TH 15, in the above referenced improvement. The
drive connection to Denver Avenue shall be at point approximately 333' from the centerline of TH 15.
It is also agreed and understood that the City will work with the Subdivider, their consultant and Mn/DOT
to review the feasibility of providing a second egress location for the site. It is understood that this egress
will not have full accessibility, and will allow for "right in- right- out ", or a "right out" movements only.
If the City, Mn/DOT and the Subdivider can not agree on the location or safety of the access, it is agreed
that at the discretion of the involved parties an independent traffic consultant may be engaged to review
the situation with the City and the Subdivider each agreeing to pay for half of the cost. IfDenverAvenue
is not constructed, it is understood that the Subdivider and the pro env owner to the south shall share
an access on their common 12rQpeM line.
r1
App s AditiadPap 3
It is understood and agreed that all local, state and federal permits required to be obtained for the
development shall be the responsibility of the Subdivider.
2. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of
the parties.
3. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's
Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said
Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider
shall pay all costs associated with said recording.
• FEE OWNER: Apple American Limited Partnership of Minnesota
Signature Title
Print
STATE OF MINNESOTA The foregoing instrument was acknowledged before me this
day of 19— by
COUNTY OF Fee Owner.
Notary Public, County, Minnesota
My Commission Expires
APPROVED BY THE HUTCHINSON CITY COUNCIL THE _ DAY OF 119—
• CITY OF HUTCHINSON:
MARLIN TORGERSON, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR
STATE OF MINNESOTA The foregoing instrument was acknowledged before me this
day of 19— by Marlin
COUNTY OF Torgerson, Mayor and Gary D. Plotz, City Administrator of the City
of Hutchinson.
Notary Public, County, Minnesota
My Commission Expires
THIS INSTRUMENT WAS DRAFTED BY
John P. Rodeberg
Director of Engineering/Public Works
City of Hutchinson
111 Hassan Street SE •
Hutchinson, MN 55350 -2522
612- 2344208
Applebe 's AdditWVP8784
f 7 A`L4.'LaSKi]�'1
DEVELOPMENT A EEMENT
Applebee's Addition
CITY OF HUTCHINSON, MINNESOTA
THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between
Apple American Limited Partnership of Minnesota, a Minnesota corporation, Fee Owner, hereinafter called
the "Subdivider "; and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of
Minnesota, hereinafter called the "City';
WITNESSETH:
WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod,
State of Minnesota, which has been surveyed and platted as;
"Applebee's Addition"
WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements
in the subdivision;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
I SITE PREPARATION ND GRADIN
• 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site
preparation and grading. All areas within the final plat shall be graded to within 0.5 feet of final grade
to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to
within 0.2 feet of approved grades. The Subdivider shall clear trees and/or debris from utility easements
and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All
work shall conform with the approved Site Grading Plan, and shall be completed prior to the
commencement of construction on the site.
It is agreed and understood that natural gas or electric distribution mains and services will not be
scheduled for installation until all provisions of paragraph 1 of this section have been met.
The Subdivider shall provide all erosion control during site grading work, prior to infrastructure
construction, necessary to meet local and state requirements.
4. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points
for all infrastructure and site construction.
It is agreed and understood that the Subdivider shall be responsible for assuring that building construction
is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical
and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential
drainage damage. Any costs associated with correcting these conflicts shall be the sole responsibility of
the Subdivider.
Appkdee's AddNm Page 1 ')`n'�
I
The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and
appurtenances, lateral and trunk watermain and appurtenances, sanitary sewer service leads, water service
leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street
surfacing, street signs and lighting, and appurtenances to serve the plat.
2. It is understood and agreed that the City under one or more contracts will install the improvements in
Paragraph No. 1. Phase 1 improvements shall include extension of sanitary sewer and watermain service
to the southwest comer of the property within proposed future Denver Avenue SE. Services to serve the
parcel will be extended to the future right -of -way of Denver Avenue. Future improvements are proposed
to include construction of utility and street improvements within proposed Denver Avenue SE, and the
potential extension of storm sewer improvements to serve the plated area.
3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include
contracted costs, city administration and engineering costs and capitalized interest cost.
4. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall be assessed
to the Subdivision based on the following understanding:
a. The assessable front footage for sanitary sewer and watermain improvements is determined to be
332.68 feet. This is based on 317.68 feet on the south side of the plat, and 15' along State
Highway No. 15 (based on credit of 150' off the 165' of frontage).
b. Lateral sanitary sewer improvements shall be assessed based on $30 /front foot, including services
to the property line ($9,980.40), plus the actual cost of the service extension from the lateral
(approximately $1,200). -
c. Lateral watermain improvements shall be assessed based on $30 /front foot, including services to •
the property line ($9,980.40), plus the actual cost of the service extension from the lateral
(approximately $1,200).
d. Future lateral storm sewer assessments are proposed for improvements that may include extending
a storm sewer lateral along the west line of the property to serve future Denver Avenue, north to
a proposed pond on the Ridgewater College property. Applebee's storm sewer system would be
connected to this line. The assessment would be based on the actual portion of the storm sewer
being utilized by the plat, and shall not exceed $6,500 (1998 basis).
e. Future street assessments would include Denver Avenue SE improvements, and future curb and
gutter on TH 15 if City has share of costs. The Denver Avenue SE construction is estimated at
$80 /foot (317.68 feet would be $25,414.40) based on current projected costs. Actual costs will be
determined at the time of construction, but shall not exceed this figure (1998 basis).
5. It is understood and agreed that Trunk Sanitary Sewer and Watermain Fees will be charged per current
City Policy. Cost may be collected with building permits, or assessed. Rates for 1998 would be:
Sanitary Sewer: 1.2 acres @ $1,600 /acre = $1,920.00
Watermain: 1.2 acres @ $1,100 /acre = $1,320.00
It is understood and agreed that if Outlot A is not donated for street and trail purposes, an additional
assessment for the 0.26 acres will be required at the rate in place at the time of assessment.
6. It is understood and agreed that a Trunk Storm Sewer assessment may be due for providing an outlet for
the detention pond on Applebee's site, or for the Ridgewater College pond. If the Subdivider provides for
appropriate storm sewer ponding the meets all "Best Management Practices" on -site or adjacent to said
site, the Trunk Storm Sewer assessment shall not exceed $5,000 (1998 cost basis). •
Appleb"'s Add6mPap 2
7. It is understood and agreed that any agreements regarding the method and procedure for assessments from
municipal improvements shall, at the sole option of the City, cease to be effective thirty-six months
following approval of the Subdivision Agreement by the City. The City may exercise the option granted
herein by giving written notice at any time, either before or after the expiration of the thirty six month
period, of the City's intention to nullify the method and procedure for spreading assessments under the
terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the
notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable
laws. The written notice called for by this paragraph shall be given to the fee owner of the property as
disclosed by the records of the McLeod County Recorder or Registrar of Titles.
It is understood and agreed that a Parks and Playground Contribution will be required to be made to the
City. It is the proposal of City staff to allow the dedication of Outlot A for street and trail purposes to be
the entire Parks & Playgrounds contribution. This proposal is subject to approval by the City Council
based on the recommendation of the Park Board. It is understood that the normal Parks and Playground
contribution for this property would be approximately 56.75 0 .
2. It is understood and agreed that Outlot A shall be dedicated to the City of Hutchinson for use as right -of-
way. As compensation for dedicating this right -of -way, in addition to that noted in Paragraph III.1, the
City shall credit the Subdivider $5,000 on the sanitary sewer and watermain assessments to be constructed
in 1998. It is also agreed and understood that if Denver Avenue SE is constructed in this location nrinr
to December 31. 2003 the Subdivider will be credited an additional $5,000 on the street assessments
(1998 basis). If it is determined that Denver Avenue SE will not be constructed at this location location
nrinr to December 31. 2003 it is understood that the owner of the property will have the right to
. repurchase the property from the City, subject to utility and drainage easements, for S11.75D (1998 basis).
3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees
for Electric and Gas Service to Hutchinson Utilities. These fees shall be agreed upon between the
Subdivider and Hutchinson Utilities.
4. It is understood and agreed that no permanent direct accesses shall be allowed on TH 15 without approval
from the City and the Minnesota Department of Transportation (Mn/DOT). Due to the proposed future
construction of Denver Avenue SE on the south side of the parcel, the City agrees that temporary access
to TH 15 will be allowed until access can be provided from Denver Avenue. It is understood and agreed
that when Denver Avenue is constructed, the City shall include the construction of a new access on
Denver and the removal of the temporary access off TH 15, in the above referenced improvement. The
drive connection to Denver Avenue shall be at point approximately 333' from the centerline of TH 15.
It is also agreed and understood that the City will work with the Subdivider, their consultant and Mn/DOT
to review the feasibility of providing a second egress location for the site. It is understood that this egress
will not have full accessibility, and will allow for "right in- right - out ", or a "right out" movements only.
If the City. Mn/DOT and the Subdivider can not agree on the location or safety of the access, it is agreed
that at the discretion of the involved parties an independent traffic consultant may be engaged to review
the situation with the City and the Subdivider each agreeing to pay for half of the cost. (f Denver Avenue
is not constructed, it is understood that the Subdivider and the propeM owner to the south shall share
an access on their common pMpeM line
•
App,Wft's AditmPage 3
It is understood and agreed that all local, state and federal permits required to be obtained for the
development shall be the responsibility of the Subdivider.
2. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of
the parties.
3. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's
Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said
Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider
shall pay all costs associated with said recording.
• FEE OWNER: Apple American Limited Partnership of Minnesota
Signature
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of 19— by
Fee Owner.
Notary Public, County, Minnesota
My Commission Expires
APPROVED BY THE HUTCHINSON CITY COUNCIL THE _ DAY OF 19�
• CITY OF HUTCHINSON:
MARLIN TORGERSON, MAYOR
STATE OF MINNESOTA
COUNTY OF
THIS INSTRUMENT WAS DRAFTED BY:
John P. Rodeberg
Director of Engineering/Public Works
City of Hutchinson
I 1 I Hassan Street SE
Hutchinson, MN 55350 -2522
612- 234 -4208
D. PLOTZ, CITY ADMINISTRATOR
The foregoing instrument was acknowledged before me this
day of 19— by Marlin
Torgerson, Mayor and Gary D. Plotz, City Administrator of the City
of Hutchinson.
Notary Public, County, Minnesota
My Commission Expires
Applebee's AddrboNPage 4
0
\J
•
Applebee's Addition
CITY OF HUTCHINSON, MINNESOTA
THIS AGREEMENT, made and entered into the day and year set forth hereinafter. by and between
Apple American Limited Partnership of Minnesota, a Minnesota corporation, Fee Owner, hereinafter called
the "Subdivider "; and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of
Minnesota, hereinafter called the "City";
WITNESSETH:
WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod,
State of Minnesota, which has been surveved and platted as;
"Applebee's Addition"
WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements
in the subdivision:
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site
preparation and grading. All areas within the final plat shall be graded to within 0.5 feet of final grade
to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to
within 0.2 feet of approved grades. The Subdivider shall clear trees and/or debris from utility easements
and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All
work shall conform with the approved Site Grading Plan, and shall be completed prior to the
commencement of construction on the site.
2. It is agreed and understood that natural gas or electric distribution mains and services will not be
scheduled for installation until all provisions of paragraph 1 of this section have been met.
3. The Subdivider shall provide all erosion control during site grading work, prior to infrastructure
construction. necessary to meet local and state requirements.
4. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points
for all infrastructure and site construction.
5. It is agreed and understood that the Subdivider shall be responsible for assuring that building construction
is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical
and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential
drainage damage. Any costs associated with correcting these conflicts shall be the sole responsibility of
the Subdivider.
0
Applebee's AddboNPege 7
The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and
appurtenances, lateral and trunk watermain and appurtenances. sanitary sewer service leads, water service
leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street
surfacing, street signs and lighting, and appurtenances to serve the plat.
2. It is understood and agreed that the City under one or more contracts will install the improvements in
Paragraph No. 1. Phase I improvements shall include extension of sanitary sewer and watettnain service
to the southwest comer of the property within proposed future Denver Avenue SE. Services to serve the
parcel will be extended to the future right -of -way of Denver Avenue. Future improvements are proposed
to include construction of utility and street improvements within proposed Denver Avenue SE, and the
potential extension of storm sewer improvements to serve the plated area.
It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include
contracted costs, city administration and engineering costs and capitalized interest cost.
4. It is understood and agreed that the total cost of said improvements in Paragraph No. I shall be assessed
to the Subdivision based on the following understanding:
a. The assessable front footage for sanitary sewer and watermain improvements is determined to be
332.68 feet. This is based on 317.68 feet on the south side of the plat, and 15' along State
Highway No. 15 (based on credit of 150' off the 165' of frontage).
b. Lateral sanitary sewer improvements shall be assessed based on $30 /front foot, including services
to the property line ($9,980.40), plus the actual cost of the service extension from the lateral
(approximately $1,200). _
c. Lateral watermain improvements shall be assessed based on $30 /front foot, including services to
the property line ($9,980.40), plus the actual cost of the service extension from the lateral
(approximately $1,200).
d. Future lateral storm sewer assessments are proposed for improvements that may include extending
a storm sewer lateral along the west line of the property to serve future Denver Avenue, north to
a proposed pond on the Ridgewater College property. Applebee's storm sewer system would be
connected to this line. The assessment would be based on the actual portion of the storm sewer
being utilized by the plat, and shall not exceed $6,500 (1998 basis).
e. Future street assessments would include Denver Avenue SE improvements, and future curb and
gutter on TH 15 if City has share of costs. The Denver Avenue SE construction is estimated at
S80 /foot (317.68 feet would be $25,414.40) based on current projected costs. Actual costs will be
determined at the time of construction, but shall not exceed this figure (1998 basis).
It is understood and agreed that Trunk Sanitary Sewer and Watermain Fees will be charged per current
City Policy. Cost may be collected with building permits, or assessed. Rates for 1998 would be:
Sanitary Sewer: 1.2 acres @ $1.600 /acre = $1,920.00
Watermain: 1.2 acres @. $1,100 /acre = $1,320.00
It is understood and agreed that if Outlot A is not donated for street and trail purposes, an additional
assessment for the 0.26 acres will be required at the rate in -place at the time of assessment.
6. It is understood and agreed that a Trunk Storm Sewer assessment may be due for providing an outlet for
the detention pond on Applebee's site, or for the Ridgewater College pond. If the Subdivider provides for
appropriate storm sewer ponding the meets all "Best Management Practices" on -site or adjacent to said
site, the Trunk Storm Sewer assessment shall not exceed $5.000 (1998 cost basis).
AOplece 's Adddw Page 2
7. It is understood and agreed that any agreements regarding the method and procedure for assessments from
municipal improvements shall, at the sole option of the City, cease to be effective thirty-six months
following approval of the Subdivision Agreement by the City. The City may exercise the option granted
herein by giving written notice at any time, either before or after the expiration of the thirty six month
period, of the City's intention to nullify the method and procedure for spreading assessments under the
terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the
notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable
laws. The written notice called for by this paragraph shall be given to the fee owner of the property as
disclosed by the records of the McLeod County Recorder or Registrar of Titles.
It is understood and agreed that a Parks and Playground Contribution will be required to be made to the
City. It is the proposal of City staff to allow the dedication of Outlot A for street and trail purposes to be
the entire Parks & Playgrounds contribution. This proposal is subject to approval by the City Council
based on the recommendation of the Park Board. It is understood that the normal Parks and Playground
contribution for this property would be approximately $7,500.
2. It is understood and agreed that Outlot A shall be dedicated to the City of Hutchinson for use as right -of-
way. As compensation for dedicating this right -of -way, in addition to that noted in Paragraph 111. 1, the
City shall credit the Subdivider $5,000 on the sanitary sewer and watermain assessments to be constructed
in 1998. It is also agreed and understood that if Denver Avenue SE is constructed in this location at some
point in the future, the Subdivider will be credited an additional $5,000 on the street assessments (1998
basis). If it is determined that Denver Avenue SE will not be constructed at this location, it is understood
that the owner of the property will have the right to repurchase the property from the City, subject to
• utility and drainage easements, for $12,500 (1998 basis).
3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees
for Electric and Gas Service to Hutchinson Utilities. These fees shall be agreed upon between the
Subdivider and Hutchinson Utilities.
It is understood and agreed that no permanent direct accesses shall be allowed on TH 15 without approval
from the City and the Minnesota Department of Transportation (Mn/DOT). Due to the proposed future
construction of Denver Avenue SE on the south side of the parcel, the City agrees that temporary access
to TH 15 will be allowed until access can be provided from Denver Avenue. It is understood and agreed
that when Denver Avenue is constructed, the City shall include the construction of a new access on
Denver and the removal of the temporary access off TH 15, in the above referenced improvement. The
drive connection to Denver Avenue shall be at point approximately 333 from the centerline of TH 15.
It is also agreed and understood that the City will work with the Subdivider. their consultant and Mn/DOT
to review the feasibility of providing a second egress location for the site. It is understood that this egress
will not have full accessibility, and will be allow for "right in- right -out', or a "right out" movements only.
If the City, Mn/DOT and the Subdivider can not agree on the location or safety of the access, it is agreed
that at the discretion of the involved parties an independent traffic consultant may be engaged to review
the situation with the City and the Subdivider each agreeing to pay for half of the cost.
• I. It is understood and agreed that all local, state and federal permits required to be obtained for the
development shall be the responsibility of the Subdivider.
Appk,bee's AdddioWPege 3
2. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of
the parties.
It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's
Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said
Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider
shall pay all costs associated with said recording.
• FEE OWNER: Apple American Limited Partnership of Minnesota
Signature
STATE OF MINNESOTA The foregoing instrument was acknowledged before me this
day of 19_, by
COUNTY OF Fee Owner.
Notary Public, County, Minnesota
My Commission Expires
APPROVED BY THE HUTCHINSON CITY COUNCIL THE DAY OF 19�
• CITY OF HUTCHINSON: •
MARLIN TORGERSON, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR
STATE OF MINNESOTA The foregoing instrument was acknowledged before me this
day of 19— by Martin
COUNTY OF Torgerson. Mayor and Gary D. Plotz, City Administrator of the City
of Hutchinson.
Notary Public, County, Minnesota
My Commission Expires
THIS INSTRUMENT WAS DRAFTED BY:
John P. Rodeberg
Director of Engineering/ Public Works
City of Hutchinson
I I 1 Hassan Street SE
Hutchinson, MN 55350 -2522
612- 234 -4208
J
Appkdee's Add#iWPege 4
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Hutchinson City Center
111 Hessen street SE
Hutchinson, MN 55350-2522
320 - 587- 5151Fex 320 - 214 -4240
MEMORANDUM
May 22, 1998
TO: Mayor and Council
FROM: Bonnie Baumetz
SUBJECT: AGENDA ITEM 8 B - PRESENTATION BY HOSPITAL ADMINISTRATOR
PHIL GRAVES
• Mr. Graves presentation will be a "Request for consideration and authorization to proceed with the
planning and financing of an expansion to the medical office building and parking lots ".
•
am W�
Primed on recycled paper -
0 RESOLUTION
This Resolution is made and entered into this 20th day of May, 1998
by the Hutchinson Area Health Care Board.
RECITALS:
1. The Hutchinson Area Health Care Board, in an effort to improve health
care in the area served by Hutchinson Area Health Care (HAHC) is presently
planning a remodeling and construction effort to rationalize facilities and to better
provide services to its customers;
2. The planning effort for the new and remodeled facilities includes
cooperation with the Hutchinson Medical Center, PA to allow the Hutchinson
Medical Center, PA , the principal tenant
of HAHC, to better serve its customers, and to provide necessary additional rental
income for a HAHC:
Authorization is now sought for continuing the effort.
is that the planning decisions made to date are hereby ratified and HAHC Administration is
hereby authorized to prepare plans for the contemplated new construction and remodeling
effort and to retain the necessary services to complete said plans for consideration by the
Hutchinson Area Health Care Board and the Hutchinson City Council.
Its: Governing Board Secretary
'Ki iip ' raves
r 1
LJ
K_I�q
HUTCHINSON AREA HEALTH CARE
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
0
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENBURG
RICHARD G. McGEE
CATHRYN D. REHER
WALTER P. MICHELS, III
JAMES UTLEY
'ALSO AOMITTED IN TEXAS ANO NEW YORK
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(3 20) 587 -7575
FAX 1320) 387.4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 22, 1998
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
Ms. Marilyn Swanson
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: Hutchinson Area Health Care Parking Lot Improvements
Our File No. 3750 -88008
Dear Marilyn:
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(e 12) 369 -22 14
FAX (61 2) 369 -5508
At the request of Phil Graves, I am forwarding the enclosed Resolution for action by the City Council at
Tuesday evening's meeting. Phil and I discussed this Resolution earlier this week and although he has not
seen the final draft, I believe it addresses the issues with which he was principally concerned. By carbon
copy of this correspondence to Phil I am asking him to contact me if he has any questions or problems about
it so that I can advise the Council of any changes at the Tuesday evening meeting.
As you know, some reconstruction work was done at the intersection of Century and Oakland and that work
included the dosing of Oakland at that intersection. As I understand it, this project is, in part, a continuation
of that effort and the Hospital will bear the costs by way of the standard ten year assessment program- I
believe John Rodeberg and Ken Merrill are also in the loop on this transaction.
If you need any information or have questions regarding any of the foregoing, please do not hesitate to
contact me.
Thank you. ) Bpst regards.
Very
GBA:Jm
enc.
CC Phil Graves
DOVE, PLLP
f le.
CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
RESOLUTION 11023
This Resolution Is made and entered into this 26' day of May, 1998 by the Hutchinson City Council.
RECITALS:
1. Hutchinson Area Health Care presently has inadequate parking and access facilities;
2. Hutchinson Area Health Care, working in conjunction with the engineering department of the
City of Hutchinson and in conjunction with the finance department of the City of Hutchinson, is presently
planning an expansion, reorganization and reconstruction effort of its parking facilities particularly the parking
facilities adjacent to and Including the right of way of Oakland Avenue;
3. Hutchinson Area Health Care has requested that the City Council adopt a resolution authorizing
the continuation of these efforts and financing of the same in accordance with usual and customary
procedures.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hutchinson hereby
authorizes the engineering department and finance department of the City of Hutchinson, as well as any
other necessary departments of the City of Hutchinson, to engage in coordinated planning with Hutchinson
Area Health Care to improve parking facilities for Hutchinson Area Health Care with said improvements to
include but not be limited to, parking lot construction, access improvement, application of bituminous and
any other necessary improvements.
BE IT FURTHER RESOLVED that such improvements be treated as a 100% petition for said 10
Improvements by the affected property owner and that Hutchinson Area Health Care pay for said
improvements by way of assessments in accordance with usual and customary procedures.
CITY OF HUTCHINSON
By:
Marlin Torgerson, Mayor
Attest:
Gary Plotz, City Administrator
� )
C
0
Hutchinson City Center
Hl Hassan Street SE
Hutchinson, MN 55350 -2522
320.587- 5151/Fax 320 - 2344240
-A d D J J`jJ
DATE: May 18, 1998
TO: Mayor and Council
FROM: Gary Plotz, City Administrator
SUBJECT: RECOMMENDATION FROM COMMUNITY FACILITY NEEDS COMMITTEE ON
CONSULTING FIRM
• The committee solicited "Requests for Proposals" for consulting services to perform a market
feasibility and fiscal impact of the convention /conference center /additional ice sheettand senior
center.
The committee received four proposals, and interviewed two firms. The firms were AdMark
Resources inc. ($18,800) and Compass Facility Management Inc. ($19,850). Based on the total
scope of services to be provided and the depth of the firm's experience in the field, it was
unanimously recommended to hire Compass Facility Management Inc. for $19,850. It is
recommended the monies come from the capital improvements fund.
The study would be completed by August 1, 1998. The proposed process is attached, along with
the consulting team's profile.
•
L
Pnmed .n rmydcd pp,
9 Proposed Process
1. Initial Meeting with Community Leaders (Project Committee)
• Set Project Parameters
• Establish Time Table
• Establish Channels of Communications and Reporting
• Receive Input and Direction
2. Inventory and Analyze Comparable Area Facilities
• Identify those to be surveyed
• Develop questionnaire and test with Project Committee
• Mail surveys
• Phone follow -up to survey recipients who do not respond within allotted time period
• Analysis of available demographic/economic information
• Compile and analyze data
3. Survey Potential Facility Users
• Compile list of current facility users
• Compile list of pre- qualified potential users
• Conduct focus group sessions with users
• Analyze questionnaire responses and focus group input to quantify facility needs
4. Determine Facility Needs
• Develop architectural program for facilities that would address needs of potential
clients
• Test program with focus groups
• Adjust program as indicated by focus group reaction
• Establish site criteria
• Project construction costs based on comparable construction in similar markets
0
S—�
5. Develop Operating Proforma
• Develop operating assumptions
• Compile usage loads
• Project revenues and expenses
6. Report Findings
Submit draft report to Project Committee
Meet with Project Committee for reactions, input and redirection
Final report to Project Committee and formal presentation and complete
documentation
Special Qualifications
Operator's Perspective
Compass and THA will bring to you a true, practical viewpoint that can only
come from years of experience developing, opening and operating public
facilities.
• Small Town Experience with Close Proximity
Compass is headquartered in Ames, IA, with on -going operations in Grand
Forks, ND; Mankato, MN; and Davenport, I& THA, with offices in Fargo, ND,
is experienced in serving small communities, including Thief River Falls, MN
and Lakota, ND.
• ♦ Easy, Fast and Direct Service
0
Compass and THA will provide quality service to your project — period. No
bureaucracy, no excuses, no delays.
��L
TEAM PROFILE 0
Steve Peters is the founder and president of Compass. He brings to Compass over
twenty years of professional experience in managing every conceivable type and size
of facility, from a small, municipal theater, to a major university sports- entertainment -
convention complex, to opening a new NBA arena. From 1991 to 1996 he had
primary responsibility for servicing the municipal and university accounts of Ogden
Entertainment Services. He left Ogden in the fall of 1996 and formed Compass, with
the firm conviction that smaller market venues demand a unique type of management
approach that the large management companies are not providing.
Burt Lyman is new to Compass, having assumed the role of Executive Director of the
Mankato Civic Center. Burt also serves as National Director of Marketing and Sales
for Compass. His career has included work as a promoter for Sesame Street Live and
as a national marketing coordinator for Ogden Entertainment. He had been operating
.his own successful events marketing firm in Minneapolis for the past four years. Burt
will assist in the surveying and development of market information.
Paul Sorum holds a Masters of Architecture degree from the Ohio State University.
Paul has worked as an architectural designer in prestigious and large corporate
architectural firms in New York and Los Angeles. Paul also taught architectural
design at the University of Southern California School of Architecture. Paul was the
project designer for the Multi- Events Cultural Center in Thief River Falls, Minnesota.
Combined with his extensive knowledge of computer aided design systems, Paul's
training and experience in design brings a broad design perspective to the THA team.
0
CITY OF HUTCHINSON
ruvrady
Finance Department
' ► �d i I
1111 ; 1 1► : 11 k I ji 1111 1; • ;
N BIL-14L PO LICY
Attached is a proposed policy for city council consideration, which would make the collection of
unpaid water bills more efficient.
A memo from the water department is also attached for your information requesting
consideration of adding a $15 fee.
0
S - D.
To:
Randy DeVries
CC:
Diane Olsen, Sue Kohn, Dick Ebert
From:
Water Department & Billing Staff
Date:
05/20/98
Re:
Delinquent Water Policy
Most of the water and water billing staff feel that the present delinquent and shut oft policies are terribly
inefficient and time consuming and in need of overhaul. After discussion among staff it was determined that
that the following issues regarding our delinquent water bill policy should be addressed.
• Billing staff would like to look at the option available, of generating the shut off notices on the
current billing system.
• At the time that staff goes to the customer to notify of shut off, we feel that a fee should levied to
the customer. This could recoup some of the cost of the operation and hopefully eliminate the .
customer who intentionally waits for staff to come and " get " the check. We feel a minimum of
$15.00 dollars should be charged. This is the policy of Hutchinson Utilities.
• While it is good to extend the courtesy of allowing the customer a payment plan the most waste
of time comes from the ones that do not follow through with their payment plan_ Currently we
are going back repeatedly after every broken promise to serve notice again. We feel this is not
needed or warranted after notice to shut off is given. Sonic customers are getting 3 -4 notices for
the same bill. In short, repeated callbacks are an incredible waste of time.
• With several people involved in the process there is room for these accounts to "fall through the
cracks ". A clear policy, procedure, and communication is needed among staff.
In short we would Tike to see one mailed delinquent notice with notice to shut off. followed by one drop off
notice with a fee, and shut off if not paid or failure to follow payment plan.
1•
• CITY OF HUTCHINSON
POLICY
- City services -
CITY UTILITY BILLING COLLECTION
WATER/SEWER /REFUSE
.
DATE rL-K SOURCE CITY COUNCIL
Billing and collection of water sewer refuse bills shall be as follows:
Customers will be divided into two groups based upon location in city. Billing will occur as
follows:
Meters for group "One" shall be read on or about the 25' of the month. Customers will have
25 days to pay without penalty.
Meters for group "Two" shall be read on or about the 10' of the month.. Bills will be mailed
• within 6 working days after completion of meter. Customers will hive 25 days to pay
without penalty.
2. Penalties shall be a minimum of $1.00 cents or 5% of the delinquent amount due. The
penalty amount will be separately added on the next regular customer's billing.
3. If amount which has had a penalty applied is not paid at time second penalty is assessed to
customer the following actions shall be taken:
a. Letter will be sent to customer and if applicable to landlord notifying
customer that bill is delinquent and must be paid within 5 working days or water
service shall be terminated to customer. This will be the only formal notice to
customer.
b. In case of hardships city will work with customer as necessary with an
acceptable pay plan determined by city administrator and or finance director.
In no case will bill allowed to go unpaid longer than 25 days.
c. The customer may request a hearing before the Hutchinson City Council. Water service will
not be terminated to property until council has made reviewed request. Customer must follow
city council guidelines to be placed on agenda.
• d. If water service is to be discontinued a city employee before shutting off water shut will
inform customer in person or by notice left at the service address.
`� d
0 RESOLUTION 411024
WHEREAS, the State of Minnesota has requested a resolution from the City of Hutchinson
identifying substantially damaged properties in order to obtain additional funding to continue
Flood Mitigation efforts,
WHEREAS, The City Council of Hutchinson hereby certifies the attached list of properties are
substantially damaged as determined by the City of Hutchinson's Building Inspection Staff.
City Staff have inspected these properties and have identified them as substantially damaged
according to the City of Hutchinson's Flood Plain Ordinance.
NOW, THEREFORE BE IT RESOLVED that the City of Hutchinson has identified these
properties as substantially damaged and that these properties are eligible to be included in the
State Flood Grant Buy -out program.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of
Hutchinson on May 26, 1998.
•
SIGNED:
WITNESSED:
•
i
V- 41
Priority Status
1 • = Priority High (voluntary = letter of
1 = Priority interest received)
2 = Medium
Residential Properties
Property Clearance Priorities
Address
Priority
Type
Condition
Status
P.I.D.
118 & 126 Ontario Sir. SE
1 •
Rental /4 -plex
subst. damage
purchased
06- 116 -29 -01 -0200
136 Ontario Str. SE
1 •
Rental
subst. damage
purchased
06- 116 -29 -01 -0210
421 -1st Ave. S. W.
1•
Homestead
subst. damage
purchased
06- 116 -29 -02 -0080
630 & 646 2nd Ave. SW
1
Rental /duplex
subst. damage
purchased
06- 116 -29 -01 -0190
605 & 607 3rd. Ave. SE
1
Rental/duplex
subst. damage
purchased
06- 116 -29 -01 -0230
103 Erie Sir. SE
1
Homestead
subst. damage
voluntary
06- 116 -29- 02-0410
116 Erie Sir. SE
1
Homestead
subst. damage
purchased
06- 116 -29 -02 -0270
126 Erie Sir. SE
1
Homestead
not subst. dam.
voluntary
06- 116 -29 -02 -0280
116 Huron Str. SE
1
Rental
subst, damage
purchased
06- 116 -29 -02 -0330
126 Huron Str. SE
1
Homestead
subst. damage
purchased
06- 116 -29 -02 -0340
224 Huron Sir. SE
1
Homestead
subst. damage
voluntary
06- 116 -29 -01 -0250
336 Ontario Sir. SE
1
Homestead
subst. damage
purchased
06 -116 -29-08 -0020
546 2nd Ave. SE
1
Homestead
subst. damage
voluntary
06- 116 -29 -02 -0420
615 3rd Ave.SE
2
Homestead
subst. damage
purchased
06- 116 -29 -01 -0230
216 Huron SE
2
Homestead
not subst. dam.
06- 116 -29 -02 -0430
186 & 196 Third Ave. NE
1
Homestead
recently added
Address
Priority
Type
Condition
Status
P.I.D.
2141218 Main Str.
1 •
Fahey Sales
subst. damage
purchased
31- 117 -29 -14 -0050
2951st Ave. NE
1•
Simonson Lumber
mod. damage
voluntary
31- 117 -29 -15 -0320
206 Main Sir. N.
1•
Chamber of Commerce
mod. damage
voluntary
31- 117 -29 -14 -0060
Proposed
338 Ontario
1
Hutch.Co -op Drying Plant
not subst.dam.
voluntary
146 N. Main Street
1
Hutchinson Pet Hospital
not subst.dam.
voluntary
23- 056 -2940
37 Monroe Street
2
Betker Builders
not subst.dam.
voluntary
23- 050 -0250
Priority Status
1 • = Priority High (voluntary = letter of
1 = Priority interest received)
2 = Medium
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
•
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENBURG
RICHARD G. MEGEE
CATHRYN D_REHER
WALTER P. MICHELS, III
JAMES UTLEY
+ALSO ADMITTED IN TIE IAS AMO XCV 1.XK
Mr. Gary D. Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: Resolution
Our File No. 3188 -98001
Dear Gary:
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 21, 1998
M V 2 1 , 1998
CITE
OF COUNSEL
ARTHUR L. DOTEN
5681 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 5459000
FAX (6121 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(61 2) 369-2214
FAX 1612) 388-5506
As discussed earlier this week, I am enclosing herewith a Resolution for consideration by the Council on the
consent agenda.
• I would suggest that a working group or a Task Force be composed of representatives of the Utilities
Commission, Hutchinson Area Health Care and the City of Hutchinson to consider how the City wishes to
have legal services delivered in the future. As we discussed, there are a whole variety of possible ways to
deliver those services, in varying combinations, and there may be other possibilities that haven't yet been
considered.
I would encourage the City and Its associated entities to take its time to consider all possibilities, including
conceivably making no change, because the opportunity to consider these Issues only rarely arises.
Should you have any questions regarding any of the foregoing, please advise.
Thank yoy,--,Best regards.
Very
ANDERSON & DOVE, PLLP
•
enc.
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA S5350-2563
(320) 587-7 57 5
FAX 1320) 387 -4096
CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
RESOLUTION 11022
This Resolution is made and entered Into this 28'" day of May, 1998 by the Hutchinson City Council.
RECITALS:
Under a resolution adopted by the Hutchinson City Council at its first meeting in January of
1998 legal services to the City of Hutchinson are provided by Arnold, Anderson & Dove, PLLP.
2. The City Council for the City of Hutchinson, served by the office of city attorney, desires to
extend the appointment of Amold, Anderson & Dove, PLLP, to allow city staff and council members to plan
for the delivery of future legal services; Arnold, Anderson & Dove, PLLP has agreed to accept the extension
of the appointment and to provide services at the same rate of compensation and to provide the same level
of services to the City of Hutchinson, the Hutchinson City Council, the Hutchinson Utilities Commission and
Hutchinson Area Health Care as well as other associated city entities.
NOW THEREFORE BE IT RESOLVED that the Law Firm of Arnold, Anderson & Dove, PLLP,
Is authorized to continue to provide legal services for the City of Hutchinson until June 30, 1999, under the
same terms and conditions now prevailing, and on a month to month basis thereafter subject to 30 days
written notice by the City of Hutchinson to terminate said services.
Dated: CITY OF HUTCHINSON •
By:
Marlin Torgerson, Mayor
Attest:
Gary Plotz, City Administrator
0
9 PC,)
�.-•
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
•
DAVID B. ARNOLD
STEVEN A. ANDERSON
G -BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D- DOVE"
JANE VAN VALKENBURG
RICHARD G. McGEE
CATHRYN D. REHER
WALTER P. MICHELS, 111
JAMES UTLEY
'ALSO .ADMITTED IN TEXAS AND NEW YORK
Mr. Gary Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: City of Hutchinson/Wetherell
Our File No. 3244 -97115
Dear Gary:
Anderson
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 26, 1998
I am enclosing herewith a redlined and dean copy of the Wetherell Purchase Agreement. This should be
placed on the agenda this evening for action by the City Council under additional business. Counsel for Mr.
and Mrs. Wetherell requested a series of changes in the agreement, almost all of which were minor and are
• language oriented as you can see from the drafts. Addendum No. One sets out in a little greater detail that
the City will be responsible for any environmental conditions it creates on the Wetherell property and Mr. and
Mrs. Wetherell will be responsible for any environmental conditions that presently exist or that they create.
I did ask John Rodeberg to secure the names of a couple of environmental firms to conduct the appropriate
Phase Two testing. We will get the Purchase Agreement signed this week so that the testing can be
completed within 30 days and we can have the closing completed by July 1.
Should you have any questions regarding any of the foregoing, please do not hesitate to contact me.
Thank you. Best regards.
Very truly your,
GBA:Jm
enc.
•
MAY ? 6 1998
CM OF HUTCHASON
OF COUNSEL
ARTHUR L. DOTEN
8661 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 845 -9000
FAX (612) 548 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(61 2) 36P2214
FAX 161 2) 369 -5505
1
I
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(3 20) 587 -7575
FAX (320) 867 -4096
ADDENDUM NO. ONE
TO PURCHASE AGREEMENT
BY AND BETWEEN
CITY OF HUTCHINSON, BUYER
AND
MARY ANN WETHERELL AND GARY WETHERELL, SELLER
The following terms and provisions are hereby incorporated in the Purchase Agreement dated
the day of May, 1998, by and between CITY OF HUTCHINSON,'as Buyer, and MARY
ANN WETHERELL and GARY WETHERELL, as Seller (the "Purchase Agreement "). Wherever
there is a conflict between the Purchase Agreement and this Addendum, the provisions of this
Addendum shall govern. This Addendum and the Purchase Agreement are sometimes collectively
referred to herein as this "Agreement."
1.) As -Is Sale and Purchase and Release of Liability - Buyer shall obtain and/or perform
prior to the date of closing, at Buyer's sole cost and expense, all such inspections, assessments,
inquiries, investigations, examinations, studies, tests and reports that Buyer deems appropriate or
otherwise desires regarding the Property (collectively referred to herein as "Due Diligence "). Seller
and Buyer agree that Buyer will accept the Property on the closing date in its "as is, where is, with
all faults" condition. Except as explicitly set forth in this Agreement such sale shall be without
representation or warranty of any kind, express or implied, and Seller, for Seller, Seller's agents,
• attorneys, representatives, heirs and assigns (hereinafter collectively referred to as "Seller and Seller's
Agents "), does hereby disclaim and renounce any such representation or warranty. Except as
explicitly set forth in this Agreement. Buyer is relying entirely on Buyer's own Due Diligence,
without any representations or warranties of any kind by Seller of Seller's Agents.
2.) Indemnification - Buyer shall pay all costs and expenses of its Due Diligence and Buyer
shall further fully repair and restore any damage to the Property caused by, arising out of, or
occurring during or in connection with its Due Diligence, and Buyer shall return the Property to the
same condition as existed prior to the same and/or any other entry onto the Property, as determined
in the reasonable judgment of Seller. Buyer hereby indemnifies and agrees to defend and hold
harmless Seller from and against any and all debts, Hens, claims, causes of action, administrative
orders and notices, costs (including, without limitation, response and/or remedial costs), personal
injuries, losses, damages, liabilities, demands, interest, fines, penalties and expenses , including
reasonable attorneys' fees and expenses, consultants' fees and expenses, court costs and all other out -
of- pocket expenses, suffered or incurred by Seller that are caused by or arise out of the breach of
Buyer's covenants, representations and/or warranties contained in the Agreement. The obligations
and liabilities of Buyer under this Section 2 shall survive the termination of this Agreement. Nothing
herein shall be construed to in any way limit the obligation of Seller to remediate any environmental
hazards or risks on said property and to indemnify Buyer from any liability associated therefore,
provided, however, that Buyer shall be responsible as set out in this paragraph for any risk created
or increased by the actions or non- actions of Buyer-
0
3.) Consideration - The releases, waivers, indemnifications, covenants, agreements and
other terms of this Addendum are a material part of the consideration to Seller for the sale of the
Property to Buyer. Seller accepts, and is relying on, the same as a material inducement to enter into
this Agreement.
4.) Assignment - Neither Buyer nor Seller may assign this Agreement without the prior
written consent of the other party. Any attempted assignment without prior written consent shz 7e
void at the option of the non - consenting party. No assignment shall release or relieve the assit, ig
party from any obligations or liabilities under this Agreement. The assigning party shall immediately
notify the other party of any assignment or proported assignment and shall include with such notice
a true and complete copy of the assignment document. Any written consent contemplated under this
Agreement shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. One as of
the day and year first above written.
BUYER:
CITY OF HUTCHINSON
By:
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz, City Administrator
SELLER:
Mary Ann Wetherell
Gary Wetherell
•
lJ
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is made and entered into this day of May, 1998,
by and between the City of Hutchinson, a Minnesota municipal corporation (Buyer), and Mary Ann
Wetherell and Gary Wetherell, husband and wife (Seller).
RECITALS:
1. Sellers, residing at 1145 Arch Street, Hutchinson, Minnesota 55350 desire to sell the
following described real estate:
That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29,
McLeod County, Minnesota, and that part of Lot 7 of the Auditor's Plat of the West Half of
said Section 5 described as beginning at the Northeast comer of Lot 8 of said Auditor's Plat;
thence on an assumed bearing of South along the East line of said Lot 8 a distance of 719.75
feet to the centerline of a township road; thence South 64 degrees, 04 minutes, East along
said centerline a distance of 944.21 feet; thence North a distance of 1142.40 feet to a point
bearing East from the point of beginning; thence West a distance of 849.13 feet to the point
of beginning.
�1O;
• That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29,
McLeod County, Minnesota described as commencing at the Northeast comer of Lot 8 of the
Auditor's Plat of the West Half of Section 5, Township 116, Range 29; thence on an assumed
bearing of South along the East line of said Lot 8 to the centerline of a township road; thence
South 64 degrees, 04 minutes East along said centerline a distance of 944.21 feet to the point
of beginning of the parcel herein described; thence continue South 64 degrees, 04 minutes
East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet
to a point bearing East from the Northeast corner of said Lot 8; thence West a distance of
73.00 feet to a point bearing North from the point of beginning; thence South a distance of
1142.40 to the point of beginning.
2. Buyer desires to purchase said property;
3. The parties hereto have reduced their agreement to writing.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby agree and contract as follows:
1. OFFER AND ACCEPTANCE: Buyer offers to purchase and Seller agrees to sell the
above described real estate.
2. PRICE AND TERMS: the price for the real property included in this sale is Three
• Hundred Fifty Five Thousand and no /100 Dollars ($355,000.00) with the sum of Three Hundred
Forty Thousand and no /100 Dollars (340,000.00) to be paid in cash at the time of closing and the
balance to be paid pursuant to the terms of paragraph 15 as set forth below. One Hundred Thousand
and no /100 Dollars (100,000.00) of the purchase price paid herein shall be attributed to relocation
expenses but no additional payments shall be made by Buyer to Seller for relocation benefits.
3. DEED AND MARKETABLE TITLE: Upon performance by Buyer, Seller shall execute
and deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject
to the folldwitolt8Qt�eiy "L>4rmi#ts�tl Ectttnbrnt °�j:
(a) building an zoning laws, ordinances, state and federal regulations;
(b) restrictions relating to use or improvement of the property without effective forfeiture provisions;
(c) reservation of any mineral rights by the State of Minnesota;
(d) utility and drainage easements which do not interfere with existing improvements;
(e) exceptions to title which constitute encumbrances, restrictions, or easements which have been
disclosed to Buyer and accepted by Buyer in this purchase agreement (must be specified in writing)
atity otftea ebxatcetc�t tikae(y vbed to putt to Six tttm $ t�tbis Armet
4. REAL ESTATE TAXES AND ASSESSMENTS: Seller shall continue to pay real estate
taxes as the same fall due and shall not permit said real estate taxes to become delinquent until Seller
vacates the premises. Taxes due and payable in the year Seller vacates the premises shall be pro rated
to the last day of occupancy of the premises by the Seller. Occupancy is defined as any period of time
in which Seller's personal property, goods, belongings, inventory or equipment (not including •
buildings or fixtures) remain on the premises. Taxes for the property north of Fifth Avenue as
constructed shall be pro rated for calendar year 2000 with seller paying one -fourth of said taxes and
buyer paying three -fourth of said taxes unless Seller vacates said premises earlier in which case Buyer
Seller and B based on the date of vacation by Seller. In no event shall Seller pay taxes in an
amount greater than the 1998 tax level assigned to said property and Buyer shall pay all assessments
whether levied, pending or deferred.
6. BOUNDARY LINE ACCESS RESTRICTIONS AND LIEN WARRANTIES: Seller
warrants that to tltebtff Sellers' lco�trled$e buildings if any, are entirely within the boundary lines
of the property. Seller warrants that there is a right of access to the real property from a public right
of way. Seller warrants that t6 11 befit isf SelIer3' kjjo i $d there has been no labor or material
furnished to the property for which payment has not been made. Seller warrants that to tl1C best of •
5. DAMAGES TO REAL PROPER propert .. d . 1 ' dama p rior
f the
• • _ n .1 . . . . . :.
IN V IA.�111�11!♦p•�IIVIlRl4•�•1� R� �I111111�•:'1q 11Vt•IIN1 ►•�l. •• •1 1 • 11 :. • 1 • e d
Sellers' wt {edge there are no present violations of any restnctions relating to the use or
unprovement of the property As RtSed itt JU Agreeittettt, "ta best ci>"S rs': krw~� ledge" anxt
7. DISCLOSURE OF NOTICES: Seller has not received any notice from any governmental
authority as to violation of any law, ordinance or regulation affecting the property. If the property
is subject to restrictive covenants, Seller has not received any notice from any person as to a breach
of the covenants.
8. EXAMINATION OF TITLE: Within a reasonable time after the acceptance of this
agreement, Seller shall furnish Buyer with an Abstract of Title.or a Certificate Showing Condition
of Register aar�certified to date including proper searches covering bankruptcies and State and
Federal judgements, liens, and levied and pending special assessments. Buyer shall have ten (10)
business days after receipt of the Abstract of Title or Certificate Showing Condition of Register either
to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's
own expense, to make an application for a Title Insurance Policy and notify Seller of the application.
Buyer shall have utttl{ tl ear r £2b dapsafter receipt oftbe
00#4006, lU p qt ten (I O) business
days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the
Commitment and written objections. Buyer shall be deemed to have waived any title objection not
made within the ten (10) day period, except that this shall not operate as a waiver of Seller's covenant
to deliver a statutory Warranty Deed, unless a Warranty Deed is not a specified above.
9. TITLE CORRECTIONS AND REMEDIES: Seller shall have 120 days from receipt of
Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections,
Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable
within the 120 day period. Liens or encumbrances nqt disputed b: 5sr11er for liquidated amounts
which can be released by payment or escrow from proceeds of closing shall not delay the closing.
Cure of the defects by Seller shall be reasonable, diligent, and prompt, borvetrer, selldt sltsll)re tutde
nss ttbligatlr�n its give atty Abject att If the estitttatacl!or actual cast is �5,fl€1II UI3 or maxi: Pending
correction of title, all payments required herein and the closing.shall be postponed.
(A) If notice is given and Seller makes title marketable, then upon presentation to Buyer and
proposed lender of documentation establishing that title has been made marketable, if not
objected to in the same time and manner as the original title objections, the closing shall take
place within ten (10) business days or on the scheduled closing date, whichever is later.
(B) If notice is given and Seller proceeds in good faith to make title marketable but the 120 day
period expires without title being made marketable, Buyer ©r Seller may declare this
agreement void by notice to Seller the ether, neither party shall be liable for damages
hereunder to the other, and earnest money shall be refunded to Buyer.
(C) If Seller does not give notice of intention to make title marketable, or if notice is given but
the 120 day period expires without title being made marketable due to Seller's failure to
. proceed in good faith, Buyer may seek, as permitted by law, one or - more of the following:
1
hi die ..• o the vb • t . • w o an 1 e• a rtd
may, (a) seek damages; cos • • • • 1 �•
b l aw ( darnages under t his • • • LI . . • mHbe
2. Rescission of this purchase agreement by notice as provided herein, in which case the
purchase agreement shall be void and all earnest money paid hereunder shall be
refunded to Buver! atta r tr z shall "have amv other obti94 ' lte>`e nd t cr"the
10. ENVIRONMENTAL CONTINGENCY: An environmental survey and assessment
#fte 0btairn#.ItyBuyer atuyet's COtf must demonstrate the above described property is free of any
and all hazardous or toxic substances, material or waste. The term "hazardous or toxic substances,
material or waste" _means any substance that is toxic, ignitable, explosive, reactive or corrosive or
otherwise defined as hazardous and that is regulated by the City of Hutchinson, the County of
McLeod, the State of Minnesota or the United States Government and that exceeds the levels of
regulatory tolerance including, but not limited to, substances regulated under the Federal Water
Pollution Control Act, the Federal Clean Air Act, the Federal Resource Conservation and Recovery
Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic
Substance Control Act, or under the Solid Waste Disposal Act, petroleum or its derivatives and
products, asbestos or polychlorinated biphenyls (pcb's). The Seller hereby grants to the Buyer, its
successors and assigns, and their agents and employees, permission to enter upon the property to
conduct the environmental survey and assessment. The Buyer agrees to save, indemnify and hold
harmless the Seller from and against all costs, expenses, damages or liabilities arising out of or in
connection with the conduct of an environmental survey and assessment (other than costs, expenses,
damages or liabilities for investigation, remediation, removal or clean-up of conditions encountered
during the environmental survey and assessment). This contingency shall expire and be of no further
force and effect thirty days from the date of execution hereof and shall be deemed waived by Buyer
unless notice is given by Buyer pursuant to this agreement to avail itself of this contingency.
11. LEASE: For good and valuable consideration as set forth elsewhere in this agreement,
Seller shall be permitted to lease the above described premises, subject to the terms and conditions
of this Agreement, for a period of three years with said lease terminating at the close of business on
March 31, 2001. Seller agrees to pay al] taxes (in an amount not to exceed 1998 levels and as set
forth in paragraph four above) and to pay all expenses of occupancy including but not limited to
insurance and utility charges during Seller's occupancy of the premises. Seller agrees that no waste
of the premises will be permitted and the weeds will be controlled as required by law. Seller agrees •
•
•
to maintain the premises in a condition that complies with the usual custom and practice of the area
and that is not unsightly provided, however, that Seller shall not be required to repaint or reside o
pail city c+ther gigtit ps tatetiai repair ttr;rcemcrtt in Oi' tp any buildings because all
parties acknowledge that it is the intention of the Buyer to remove said buildings following
termination of Seller's occupancy as set forth herein. Seller agrees that no action or inaction taken
by the Seller's during the period of occupancy will increase the level of environmental risk relative
to the above described property. On or before April 1, 2001, or April 1, 2000 as to the parcel north
of a proposed Fifth Avenue, Seller will remove all personal property, equipment, inventory, goods
and belongings leaving only the structures that are presently located on the premises and any fixtures
associated with said structures. Seller agrees to permit no liens of any sort to be established against
the property including but not limited to mortgage liens, UCC liens or mechanic's liens.
12. COOPERATION: Buyer agrees to give Seller 30 days notice of intent to begin the
physical construction process for roadway purposes. Buyer agrees to use best efforts to confine
actual construction work within the described right of way as set forth on project maps but both
parties acknowledge the construction process will require work in and around the right of way area.
Buyer agrees to allow Seller to have access across the construction area to and from the parcels on
the north and south side of the roadway right of way to the extent such access does not impair or
impede the construction process. Buyer agrees to give Seller reasonable notice of lengthy periods
where access across the right of way construction area will not be possible due to construction
efforts. Seller understands and acknowledges that roadway materials, heavy equipment and other
construction property will be stored on the subject property and Buyer agrees to use best efforts to
keep such material either within the right of way area or at least away from the present improvements
located on the premises.
Each of the parties agrees to cooperate with the other in effecting the purposes of this
agreement. Without limiting the generality of the foregoing, Seller agrees to keep Buyer fully
informed of its uses for the property and its intentions regarding termination of occupancy of the
property.
13. SALVAGE: Seller shall be entitled to salvage material, wood, windows, metal or any
other goods or materials from and around the improvements located on the above described real
estate, provided, however, that the structural integrity of all buildings must be maintained at all times
and that all windows and doors are secured to prevent the entry of vermin and to prevent
unauthorized access by individuals to the premises and appropriate safety standards must be complied
with at all times. Buyer and Seller specifically agree that Seller may salvage from the premises
fixtures including but not limited to heating, plumbing and cabinetry improvements. All salvage work
must be completed no later than April 1, 2000, with respect to the property north of proposed Fifth
Avenue or April 1, 2001 with respect to all other property covered by this purchase agreement. All
salvage efforts must comply with applicable local, state or federal rules, regulations or statutes. Seller
acknowledges that Buyer will not provide utility services to the structures following the date of
closing and that Seller exercises all salvage rights granted herein at Seller's own risk. Salvage rights
do not extend to removal of any top soil or other material unless otherwise agreed by the parties in
writing.
0 14, INSURANCE: Seller agrees to insure the property for liability purposes and agrees to add
the City of Hutchinson as an additional name insured to any policy of insurance granted herein. Seller
shall not be obligated to carry Fire Loss or Windstorm Coverage on said property as the parties
acknowledge that Buyer intends to demolish and remove structures and improvements upon
occupancy of the property by Buyer.
15. RELOCATION BENEFIT: Buyer and Seller acknowledge that the purchase price
contemplated herein includes any and all relocation benefits payable to Seller and Seller agrees to
enter into a waiver of relocation benefits as set forth on attached Exhibit "A."
16. RETENTION: Buyer shall retain the sum of Ten Thousand and no /100 Dollars
($10,000.00) (W"R etaieed At0uitt' °j which shall bear interest at the rate of 7.5% per annum from
and after the date of closing herein. The Retained Amount, along with accrued interest, shall be
released to Seller at the earlier of the termination of the occupancy of any portion of the premises by
Seller or April 1, 2001 and a determination by the Buyer that the iiAadert a rms and conditions of this
agreement have been i n *: with by the Seller. Seller shall give at least thirty days
written notice to Buyer of a request for payment earlier than April 1, 2001 and if no notice is given,
payment of amounts due under this paragraph shall occur on or before May 1, 2001. Nothing herein
ttt th€s Sec#idtt TG shall be interpreted to be a limitation on the rights of the Buyer in the event of a
default by the Seller and any rights granted under this paragraph are in addition to any other rights
granted or held by Buyer. Seller and Buyer agree that the retention contemplated by this paragraph
is intended to be a potential remedy for the City for a substantial or significant breach of the
agreement by Buyer.
17. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM
DISCLOSURE: Seller agrees to provide, prior to closing, standard Minnesota forms showing the
location of and all other required data concerning any wells or individual sewer systems on the above
described property. Seller agrees not to drill any additional wells or install or improve any individual
sewer systems without the written permission of Buyer.
18. SUBLEASE OR ASSIGNMENT: Seller may not assign, sublease, transfer or convey in
any way the i4SebitCk� rights granted by Buyer to Seller pUMMM t A.00 ph, I o 1E€e tlgreerttew to
any other party, individual or entity without obtaining the prior written consent of the Buyer, vvltiCh
t Buyer; s salt tutu...... abIyr itb a d,;
19. SUCCESSORS AND ASSIGNS: This agreement shall apply to, inure to the benefit of,
and be binding upon and enforce able against the parties hereto and their respective successors and
assigns.
20. DEFAULT: If either party defaults under this agreement, the other party shall, within
thirty days thereafter, by written notice to the defaulting party, give notice of the default and if the
defaulting party fails to cure non - performance, the non - defaulting party shall be entitled to all rights
under the laws of the State of Minnesota including but not limited to, and not to the exclusion of
other remedies, the right on the part of Buyer to retain pLoceeds other wise jjayWe to Seller as set
......... ...............................
theRetamed Amount. In the event of a default, the prevailing party
shall be entitled to reimbursement of the prevailing party's reasonable attorneys fees. Tht.1 J,d &y
21. NOTICES: All notices, demands or consents provided for in this agreement shall be in
writing and shall be deemed given when delivered to the parties hereto by hand or by United States
Registered or Certified Mail, return receipt requested, with postage prepaid. All such notices and
communications shall be deemed to have been served on the date when mailed. All notices and
communications shall be addressed to the parties hereto at the respective addresses set forth below:
1. If to Seller: Gary Wetherell and Mary Ann Wetherell
1145 Arch Street
Hutchinson, MN 55350
With a copy to: EM I Y Martin G I ke
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431 -1194
If to Buyer: City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
Attn: City Administrator
With a copy to: G. Barry Anderson, Esq.
Arnold, Anderson & Dove, PLLP
101 Park Place
Hutchinson, MN 55350
22. GOVERNING LAW: This agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
23. SURVIVABILITY This Agreement shall survive the closing contemplated herein.
24. ENTIRE AGREEMENT This Agreement forms the entire agreement by and between
the parties and there are no other understandings, agreements or commitments outside of this
Agreement.
25. ATTORNEYS Both parties have retained counsel of their own choosing and have been
fully advised by counsel about the terms, conditions and ramifications of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as
of the day and year first above written.
Gary Wetherell
Mary Ann Wetherell
CITY OF HUTCH NSON
Attest:
Its Mayor
Gary D. Plot2, City Administrator
U
OR'tTI -HOLD COUNCIL REPORT
26- MAY- 1998page 1
--------------------
1980 TIDS
----------- ---------- ----
JOHNSON, LEONARD G.
---- ------------------------------
JUNE PAYMENT
$812.76
$812.76*
1950 IMPROV. BDS
MCLEOD COUNTY RECORDER
FILING FEES
$29.50
< *>
$29.50*
1995 IMPRO CONST
JUUL CONTRACTING CO
UNION, COPPER, BACKHOE, LABOR
$232.00
< *>
$232.00*
1996 IMPRO CONST
COMM TRANSPORTATION
MATERIAL TEST & INSPECT
$1,557.04
<*>
,51,557.04*
1996 IMPROV D.S.
MCLEOD COUNTY RECORDER
APRIL FILING FEES
$95.50
<*'
$95.50*
AIRPORT RENOVAT.
MCLEOD COUNTY RECORDER
FILING FEES
$19.50
< *>
$19.50*
CAP.IMPRO.FUND
ROBINSON APPRAISAL CO
WETHERELL PARCEL REVISIONS
$75.00
SCHNITKER & ASSOC
PROF SERVICES - WETHERELL PROP
$427.50
< *>
$502.50*
CENTRAL GARAGE
ARNOLD'S OF GLENCOE
O'RING, SEAL, KIT
$161.05
BRANDON TIRE CO
MOUNT /DISMNT
$51.39
CARQUEST AUTO PARTS
CREDIT
$143.87
DATASTREAM SYSTEMS
MP2 SYSTEM, TRAINING
$100.00
FORBES AUTO
REPAIR TIRE
$10.00
INTERSTATE BATTERIES
BATTERY
LAKES GAS CO.
REGULATOR, PRESSURE GAGE
$ $57.46
26.57
MACQUEEN EQUIP INC
HARDWARE
$979.56
MTI DIST.CO
SPRING, COUPLING, SPACER
$472.22
NO STATES SUPPLY INC
HARDWARE
$86.35
•
SHOPKO
SIMONSON LUMBER CO
_
PHOTO PROCESS
WHITE SAND
$2.33
$8.92
ST.JOSEPH'S EQUIPMENT INC
HOSE ASSY
$85.70
TERMINAL SUPPLY CO
TIE RAP
$127.05
UNITED BLDG CENTERS
LUMBER, FOAM BRUSH
$8.49
WAHL REBUILD & REPAIR INC
34 LBS FLAT, 16 LBS ALUM DECK
$52.18
<*>
$2,373.16*
GENERAL FUND
AMERICAN RED CROSS
AQUA FITNESS
$20.85
BCA /TRAINING & DEVELOPMENT
REG- STEVEN M MOGARD
$50.00
BERGHUIS, MICHELLE
REFUND SHELTER RESERV
$20.00
BERKLEY RISK SERVICES
PROFESS CONSULT -MAY
$800.00
BERNICK & LIFSON
PROFESS SERV
$407.00
BIG BEAR
BARREL PUMP
$141.54
BISBEE, RITA
REFUND- CANCEL BASEBALL
$33.00
BRAND, JUDY
REFUND- CANCEL SWIM /TOO YOUNG
$22.00
BRANDT GARMET LETTERING
EMBROIDERED SHIRTS
$234.75
BRAUN INTERTEC CORP
PROFESS SERV -PVMT MGMT SYSTEM
$564.00
BREWER'S BAND, JIM
SENIOR DINNER /DANCE
$150.00
BRINKMAN STUDIO
PHOTOFINISH
$23.14
BROWNS FLORAL
FLOWERS
$41.34
BUSINESSWARE SOLUTIONS
KEYBOARD W95
$209.33
BYRON, LISA
REFUND -CLASS CANCELLED
$18.00
CADD /ENGINEERING SUPPLY
BLUDLINE
$425.11
CAMERA SHOP
DEVELOP & PRINT, CS /P
$122.28
CARR FLOWERS
FLORAL WREATH -B MATTSFIELD
$63.90
CASH WISE
SUPPLIES
$112.89
CENTRAL LANDSCAPE SUPPLY
ARBORTIE GREEN 250'
$34.76
CENTURY LABS
POOL PAINT
$394.96
CHEMSEARCH
FRESH SENSE, CINNAMAGIC
$604.94
COAST TO COAST
NUTS, BOLTS
$23.54
COLORADO TIME SYSTEMS
CONSOLE
$85.00
CORRECTIONAL TECHNOLOGIES
PERFECT INK
$132.95
CORWINE, BILL
SOFTBALL OFFICIAL
$64.00
CRIME PREVENTION RESOURCES
SAFETY VIDEO
$65.00
CROW RIVER VET CLINIC
APRIL CHARGES
$198.62
1 1,4 -A,
OPEN -HOLD COUNCIL REPORT 26- MAY- 1998page 2
--------------------------- ------------------------
GENERAL FUND DATASTREAM SYSTEMS
---- --- - --- ---- ------- -- -- - ----
MP2 SYSTEM, TRAINING
---------
$100.00
---- --
DEPT NATURAL RESOURCES
DNR FEES TO STATE
$1,200.00
DOMINO'S PIZZA
PIZZAS & POP
$98.40
DON HUME
UNIFORMS
190.46
DREW'S QUALITY REPAIR
SADDLEBAG, AIRTECH, BLACK TRIP
404.10
EARL ANDERSON ASSOC
4 WAY SIGN
$5,911.60
ELECTR0 WATCHMAN
QUARTERLY CHARGE
$603.86
EMANS, HARLAND
LAWN MOWING
$144.00
FABER, JAMES
REFUND AIRPORT FUEL CARD
$25.00
FAMILY REXAL . DRUG
PHOTOS
$30.24
FARENBAUGH, KRISTINE
REFUND- CANCEL SWIM /TOO YOUNG
$22.00
FENSKE'S STUMP REMOVAL
STUMP REMOVAL
$1,216.26
GE CAPITAL
SOFTWARE
$11,057.89
GENERAL OFFICE PRODUCTS
EASEL, EASEL TOP
69.24
GEORGE, ROXANNE
REFUND- CANCELLED SWISHER CMP
33.00
GODFATHER'S PIZZA
PIZZAS
77.68
GROEHLER, FLOYD
REIMB -STEEL BOOT
93.97
1 10.00
HAAG, DELTON
REFUND- CANCEL SHELTER RESERV
18.00
HAUER, LEEANN
REFUND- CANCEL SWIM /TOO YOUNG
22.00
HAUGEN, MARY
REFUND -CLASS CANCELLED
HAWKINS WATER TREATMENT GROUP
ACID, CHLORINE, CAUSTIC SODA
$1,585.61
HEALTH SERVICES OF NORTH AMERI
DRUG TESTING
107.00
HENRYS FOODS INC
CANDY, GUM, POPCORN
513.50
HENSEN, MARK
REIMS- MEALS, MILEAGE
$45.92
HIGGINBOTHAM, RUTH
REFUND SR TOUR
$12.00
HILLYARD FLOOR CARE / HUTCHINSON
URINAL SCREEN W /BLOCK
$176.42
HOUSKE- JACKLITCH, ANN
REIMB -MEALS
$6.92
HUTCH CONVENTION &
APRIL LODGING TAX
$4,193.98
HUTCH FIRE & SAFETY
EXTING INSPECT
$308.63
HUTCH MEDICAL CENTER
EXAM, DRUG SCREEN
$248.00
HUTCH PLBG & HTG CO
SPRAY HOSE
$100.68
HUTCHINSON UTILITIES
APRIL GAS & ELEC
$6,836.71
J.C.PENNEY CO
PANTS
$107.71
JERABEK MACHINE SERV
PLATE
$11.47
KLOSS, TOM
REIMB -STEEL TOED BOOTS
$49.99
KOCK'S JEWELRY
ENGRAVE MEDAL
$5.75
L & P SUPPLY CO
USED LB SP
$159.75
LAMBERT, CONNIE
REFUND - OVERPAYMENT VBALL
$60.00
LEE, DAVE
OVERPAYMENT OF LEAGUE
$105.00
LESS GAUSS
_FEES
GLARE SCREEN
$77.95
LITTLE DUKES
CAR WASHES
$78.00
LOGIS
APRIL SERVICE
$10,188.42
.
MARKA, JAMES
REIMS -MEALS
$38.90
MBPTA
MEMBER SHIP DUES -M M SWANSON
$30.00
MCGARVEY COFFEE INC
COFFEE
$180.52
MCLEOD COUNTY AGRICULTURAL ASS
LEACE AGREEMENT
$40.00
MESSNER, GERALD
REFUND- CANCEL DRIVING CLASS
$12.00
METRO ATHLETIC SUPPLY
VOLLEY NET
215.13
MID -MN HOT MIX INC
41 A WEAR
431.57
MIDWEST WIRELESS COMM.
MAY SERVICE
775.02
MN MUNICIPAL BOARD
FILING FEES
$200.00
MN REC & PARK ASSC
MEMBERSHIP RENEWAL -M HAUGEN
$1,131.00
MN SPORTS FEDERATION
TEAM SANCTIONING
$364.00
MN STATE ARMORY BLDG.COMM
PAYMENT OF CONSTRUCTION
$7,000.00
MODERN MAZDA
POLICE TOW
40.00
NORTH STAR TURF INC
GEN TURF MIXTURE
76.43
PARTIES PLUS
TISSUE PAPER, RIBBON, NAPKIN
17.25
PASS, TROY
P-EIMB- BATTERIES
$4.97
PETERSON BUS SERVICE
MOTOR COACH TO MAYER
$220.00
PETERSON, SONJA
REIMH -STAMP & CERT MAIL
$3.09
PLOTZ, GARY D.
REIMB- MEALS, MILEAGE
$53.48
POPP, CONNIE
REFUND -CLASS CANCELLED
$8.00
PREMIER CROWN CORP
LINER
$31.66
PRO MAINTENANCE
EPDXY /CRU FLOOR COATING
$975.00
QUADS ELECTRIC
LIGHTS
$109.79
REINER, DORIS
REFUND - CANCEL BIRDS CLASS
$9.00
RICMAR
PRE -COAT
$117.10
RIZZO, JULIE
REFUND -CLASS CANCELLED
$8.00
RODEBERG, JOHN
REIMB - MEALS, LODGING
$932.46
RONALD JOHNSON CONSULTANT
SET UP NEW SYSTEM
$100.00
SCHEELE, BRENDA
REFUND -CLASS CANCELLED
$20.00
SCHUFELT, JEFF
OVERPYMT OF LEAGUE FEES
$94.00
SERVICEMASTER
CLEANING CARPETS & TILE FLOORS
$2,537.37
SEVEN WEST TRUCK STOP
PIES
$45.29
SHOPKO
CLEANING SUPPLIES, TISSUE
39.41
SHRED -IT
SHREDDING SERVICE
49.95
r �
U
OPEN -HOLD COUNCIL REPORT
26- MAY- 1998page 3
------- ---------
GENERAL FUND
-------- - - - -- - ---------
SIMONSON LUMBER CO
----------------------------------------
LUMBER, UNDERLAY
$772.86
•
SORENSEN FARM SUPPLY
SPECIAL OPERATIONS TRAINING AS
CHAIN
REG -TOM GIFFERSON
$8.15
$35.00
WATER /SEWER
STANDARD PRINTING
PAPER
$451.70
TAB PRODUCTS
TASK CHAIR
$382.82
TONAK, GLORIA
REIMB- MEALS, MILEAGE
$80.84
TRANSICARD
FUEL
$14.27
TRI CO WATER COND
BOTTLED WATER
$132.76
TRIPLE G DISTRIBUTING INC
POP PURCHASE
$39.80
TWO WAY COMM INC
ANTENNA
617.98
•
UNITED BLDG CENTERS
BATH PANEL,PLYWOOD, FOAMULAR
161.23
VERSA -VEND VENDING INC
CANDY
335.72
VIKING SIGNS
GRAPHICS ON BLAZER
295.20
1753.55
WAL -MART
PHONE ACCESS
242.10
WARNING LITES OF MN
8' PLASTIC BLANK
WECKWERTH, MELISSA
REFUND - CANCEL GARDEN PLOT
$13.00
WINZER CORP
PARTS
$308.85
XEROX
COPIER CHARGE
$649.26
< *>
$72,575.49*
HUTCH COMM DEV.0
MCLEOD COUNTY RECORDER
FILING FEES
$87.00
MIDWEST WIRELESS COMM.
MAY SERVICE
$29.15
PELLINEN, WILLARD
PROFESS SERV
$500.00
SUBWAY
PORTION PLATTER, CHIPS, DRINKS
$25.06
< *>
$641.21*
HUTCH TRANS FAC.
BUSINESSWARE SOLUTIONS
SEAGATE SYSTEM
$203.42
CASH WISE
CUPS
$11.95
GE CAPITAL
SOFTWARE
$228.98
GENERAL OFFICE PRODUCTS CO
WORKSTATION
$2,175.22
L & P SUPPLY CO
COVER, LABOR
$10.44
MCGARVEY COFFEE INC
COFFEE
$35.63
QUADE ELECTRIC
PARTS, LABOR
$104.30
< *>
$2,769.94*
INSURANCE FUNDS
CASH WISE
BAGELS, FRUIT _
$39.43
0 < *>
-
$39.43*
LIQUOR STORE
BELLBOY CORP
MAY MISC PURCHASE
$2,173.65
BUREAU OF ALCOHOL ETC
SPECIAL TAX RENEWAL
$250.00
CITY OF HUTCHINSON
LOTTERY PAYMENT
$1,180.19
DIAMOND CLEAR ICE
PARTY PAK
$42.90
ED PHILLIPS & SONS CO.
MAY WINE PURCHASE
$8,864.45
GRIGGS & COOPER TOBACCO DIV
MAY MISC PURCHASE
$526.41
GRIGGS COOPER & CO
MAY LIQUOR PURCHASE
$19,378.12
JOHNSON BROTHERS LIQUOR CO.
MAY WINE PURCHASE
$15,170.34
JORDON BEVERAGE INC.
MAY BEER PURCHASE
$3,884.53
LENNEMAN BEVERAGE DIST. INC
MAY BEER PURCHAE
$8,359.15
LEO'S TRANSFER
APRIL /MAY FREIGHT
$969.89
LOCHER BROS INC
MAY BEER PURCHASE
$29,848.70
PINNACLE DISTRIB
MAY MISC PURCHASE
$427.50
QUALITY WINE & SPIRITS CO.
MAY LIQUOR PURCHASE
$3,341.41
STANDARD PRINTING
TX -2511, TX -2411
$148.28
TRIPLE G DISTRIBUTING INC
MAY BEER PURCHASE
$40,826.15
< *>
$135,391.67*
PUBLIC SITES MCLEOD COOP POWER
c *>
ELEC HOOK UPS
$800.00
$800.00*
SCDP 97 Heg
Reh HEXUM, AARON
WINDOWS
$3,022.87
< *>
$3,022.87*
WATER /SEWER
FUND ASHBROOK
SPRAY NOZZLE
$378.86
BAILEY - FISCHER & PORTER
MOTOR ASSY
$227.43
BROWNS GREENHOUSE
APPLE TREE
$21.29
CASH WISE
BAKERY
$24.02
CDI OFFICE PRODUCTS LTD
FOLDERS, MARKERS, TRAY,
$58.40
CHAMPION AUTO
STRONG ARM LIFT
$21.99
CONSTRUCTION BULLETIN
DEMOLISH WWTP AD
$98.60
•
OPEN -HOLD COUNCIL REPORT 26- MAY- 1998page 9
------------------------------------ ------------
WATER /SEWER FUND CUSTOM DIMENSIONS INC
--- --- -------------
OFFICE CABINETS & INSTALL
---------------
$3,881.00
D.P.C.IND.INC
CONTAINER, CYL DPC
$1,268.07
DATASTREAM SYSTEMS
MP2 SYSTEM, TRAINING
$494.88
GE CAPITAL
SOFTWARE
$2,261.00
GOPHER STATE INC
APRIL SERVICE
$157.50
HAROLD'S CARTAGE
OTHER CONTRACTUAL
$31.00
HUTCHINSON UTILITIES
APRIL ELEC
358.69
INSTRUMENTATION SERVICES INC
ENMET OXYGEN CELL
122.82
ISCO INC
PUMP TUBING ASSY
123.77
KOHN, SUE
REIMS- MEALS, MILEAGE
$55.44
L & P SUPPLY CO
BLADE, OIL FILTER
$378.87
LAKESIDE EQUIPMENT CORP
BEARINGS
$2,143.00
LOGIS
APRIL SERVICE
$2,233.85
MCGARVEY COFFEE INC
HOT CHOC, COFFEE
$103.55
MCNICHOLS CO
PERFORATED METAL
$155.49
MIDWEST WIRELESS COMM.
MAY SERVICE
$27.90
MINNESOTA BIOSOLIDS RECYCLING
STATE FAIR EXPENSES
$55.00
MN RURAL WATER ASSC.
MEMBERSHIP DUES
185.00
MN VALLEY TESTING LAB
WATER TESTS
162.00
NATURTECH COMPOSTING
PROFESS CONSULT, MILEAGE
220.00
1329.27
NCL
LAB SUPPLIES
OLSEN, DIANE
REIMB -MEALS
$6.79
RUST ENVIRONMENT
PROFESS SERV -WWTF DEMOLITION
$4,250.67
SCHILLING PAPER CO
TISSUE, TOWELS
$91.70
SCHRAMM IMPLEMENT
AGCO -ALLIS 8630
$20,000.00
SERCO LABORATORIES
WATER TESTS
$313.60
SOUTHERN MINNESOTA COMPOST
MULCH
$17.04
TWO WAY COMM INC
BATTERY
$239.63
US FILTER /WATERPRO
REGISTER
$4,813.46
WELCOME NEIGHBOR
APRIL LISTING
$60.00
WITTE SANITATION
TRUCK TIME & LABOR
$330.00
< *>
$45,701.58*
$266,564.15*
0
0
IMMEDIATE PAY COUNCIL REPORT
26- MAY- 1998page 1
_ ____ __ __ ________
GENERAL FUND
__ _____________ _____________________-_-__-_
COLVIN, SAM & SHARI
_- ___________-
FINAL CLAIMS PAYMENT
_- _______________
$461.52
DEPT NATURAL RESOURCES
HUTCHINSON TEL CO
DNR FEES TO STATE
MAY SERVICE
$1,530.00
$450.17
MCLEOD COOP POWER
APRIL ELEC
$738.25
MINNCOMM PAGING
MAY SERVICE
$241.33
MOTOR VEHICLE
BIKE & PADDLE BOAT LICENSES
$99.00
< *>
$3,520.27*
LIQUOR STORE
CITY OF HUTCHINSON
LOTTERY PAYMENT
$241.00
CITY OF HUTCHINSON-G • FUN
PAYROLL 5/8/98
$7,880.07
QUALITY WINE & SPIRITS CO.
MAY LIQUOR PURCHASE
$749.98
TRAVELERS DIRECTORY SERVICE
ADVERTISING
$243.00
<'>
$9,114.05'
WATER /SEWER
FUND MN DEPT OF HEALTH
REG -DICK EBERT
$90.00
RUTTGERS BAY LAKE LODGE
LODGING -DICK EBERT
$366.62
UNIVERSITY OF MN
SOIL TESTING
$240.00
< ;>
$696.62+
$13,330.94+
r 1
LJ
•
• AUTCHINSON SAFETY COUNCIL FOR YOM 11VFORMATIOR
The Hutchinson Safety Council met on Monday, April 27, 1998 in the Elk's Lodge at noon.
Members present were: Kay Peterson, David Mueller, Casey Stotts, Joyce Rix, John Olson, Larry
Ladd, Dick Higgins, Loiretta Pishney, Lucille Smith, Leslie Smith, Myron Johnson, Frank Murphy,
and Vi Viesselman. Pearl Seale attended as a guest representing the Legion Auxiliary.
President Dick Higgins conducted the business meeting. The secretary's report was read and
accepted. The Treasure's report showed that there is a balance of $374.25 in the savings account.
The balance in the checking account is $144.13 after a check of $150 was given to the Bike and
Blade Rally.
Officer Dave Mueller reported that things were set for the Bike and Blade Rally on May 2nd. He
invited anyone who had interest to come and help out
Kay Peterson reported that she had a conversation with John Rodeberg about the traffic problems
around the Middle School. The street improvements are on hold until the property across the
street is formally annexed to the city. John Olson reported that the "No Parking" area near the
Century Street entrance from the west Ridgewater parking lot will be extended to allow better
visibility of oncoming traffic. Officer Dave Mueller discussed the "Growing Pains" that the city is
experiencing as far as traffic is concerned. There are an estimated 20,000 people that are involved
in traffic flow in the city every day. Some problems will be dealt with when the improvement
project for Highway 7 is begun. Kay Peterson suggested that the Council Members compile a list
. of problem street areas and intersections and an overview of the cause of concern, to be turned
over to the City Traffic Division. Items for this project should be brought to the next meeting. It
was expressed that the completion of the 5th Avenue bridge may help some of the City traffic
problems. Officer Mueller also announced that there is now a city ordinance banning bike and
blade traffic on the sidewalks on downtown main street.
Casey Stotts announced that the State has hired a Juvenile Fire Interventionist who will have
responsibility to handle youngsters who start small/no damage fires in schools and other public
places. Hopefully with this help further and more serious crime can be prevented The city has also
received money to purchase signal emitters for rescue vehicals and patrol cars. Brad Emmons has
been offered that full time job of Fire Chief.
Dick Higgins provided a very quick view of the safety organizational plan that is in operation at
HTI.
A reminder was issued about the June meeting and our guest from the Minnesota Safety Council.
All members are urged to be present.
The next meeting will be on Monday May 18th at the Elk's Lodge at noon. This is one week early
due to the Memorial Day holiday.
E
FOR YOUR WEORMADON
• Hutchinson Employee Safety Committee
Meeting Minutes
May 21, 1998
Members Present: Floyd Groehler, Mark Weis, Dick Ebert, Mark Larson, Ken
Wichterman, Scott Hanson, Tom Kloss, Ken Merrill, Connie Maki.
Guest: Brad Emans
Members Absent: Keith Messner, Brenda Ewing, Dave Telecky.
The minutes from April 16, 1998 were approved.
Brad Emans gave us an overview of his responsibilities. The expertise of the fire
department can now better be utilized by this committee including first aid training or
confined space training. The Water/Wastewater dept. will be in contact to set up
confined space training. There was discussion on the use of respirators and an annual
physical that is necessary to be certified on their use. The Fire Dept. goes through
Med- Compass and the other City depts. may be able to use them also. Dick Ebert will
follow up on the OSHA requirements & number of people this might involve for the next
meeting.
• There was a handout of the April & May accident reports.
The certificates for the past members of the Safety Committee have been completed &
Floyd Groehler will distribute them.
Brad Emans & Tom Kloss will set up a time at the HATS for fire extinguisher training.
The question was raised if seasonal employees should attend.
Safety badge update, Dave Telecky should check if the hospital makes their own.
Mark Weis reported on Red Wing boots. The company doesn't stand behind the
seconds and there are no local vendors who sell seconds.
Mark Weis & Mary Haugen will coordinate the Hepatitis B vaccine. Anyone in any
department who should have this shot should contact Mark.
Mark Weis showed a form that the Rec Dept filled out when the tornado drill happened.
It is a good reminder for all departments to participate in drills.
The orientation video probably should be updated. Scott Hanson & Mark Larson will
look in to it. Ridgewater College may be able to help.
There was a handout of the new accident report form. The procedure has not changed.
A police report must be completed for any accident involving a vehicle. Supervisors are
reminded they also need to fill out an accident report if they have an accident or injury
and report it to their supervisor. Jo Runke & Brenda Ewing will distribute the new form
to the departments.
There are now programs set up at all the local opticians for safety eyewear. Some
require an authorization form which Brenda Ewing has in her office. Please let the
employees know in your department about the new programs.
Floyd Groehler has an update on OSHA training & guidelines if anyone is interested.
The new update for the compliance manual in the City Center Library also was
received.
The Safety Check newsletter was distributed. Please review with your respective
departments.
Everyone reported on their department monthly safety meeting.
As summer arrives, stress safety to the summer temps. Report any unsafe action
to a supervisor.
The next meeting will be Thursday June 18, 1998.
A
SAFETY EYEWEAR INFORMATION
VENDOR
PROGRAM
PRICE
AUTHORIZATION
FORM
Midwest Vision
State contract
Available at store
Shopko
Shopko
Wholesale
Yes
McLeod Optical
Walman
American Optical
Wholesale
Wholesale
Yes
No
Dr. Juffer
Walman
American Optical
Wholesale
Wholesale
Yes
No
Duling Optical
American Optical
Wholesale
No
Gold Care Vision
American Optical
Wholesale
No
Brenda Ewing, Human Resource Coordinator, is the city contact person.
She has the authorization forms in her office. When an authorization form
is necessary, the employee needs to bring the form to the vendor when the
eyewear is selected. There will be a $15.00 dispensing fee at most of
these places, but the price should still be quite reasonable.
The City of Hutchinson Policy has not changed. The employee is
responsible for the total cost of the eyewear to the optician. After the
eyewear is purchased, the employee will turn in a reimbursement form and
be paid according to the city policy.
0
Accident Report to Safety Committee
ApriUMav 1998
DATE
INJURY/ACCIDENT
DEPARTb4ENT
4/01/98
Cut, laceration, puncture thumb
Park
4/24/98
Cut, laceration, puncture face
Police
4/24/98
Contusion, crushing, bruise head
Police
4/30/98
Fire truck — mud flap damage
Fire
5/13/98
Pick -up collision w /automobile
Water
0
Meeting Minutes
FOR YOUR INFORMATION
May 14, 1998
7:30 a.m., Best Western Victorian Inn, Hutchinson
JOINT MEETING
McLeod Regional Rail Authority (MRRA)
Central Prairie Railway Association (CPRA - Shipppers)
Present:
Sheldon Nies, MRRA Larry Peterson, Co-op /Elevator Randy Gulbransen, 3M
Milo Kubasch, MRRA Dean Oleson, MRRA Lary Graf, MRRA
Roger Stearns, CPRA Robin Bergeron, Rail America Harry Krog, Rail America
Tim Smith, Bums Philips Brenda Ewing, Recorder Barry Anderson, MRRA
Legal Counsel
Chair Sheldon Nies called the meeting to order at 7:35 a.m. All attendees introduced themselves
to the group.
Mr. Nies requested an update on the Status of the Dakota Rail from Robin Bergeron and Harry
Krog of Rail America. According to Ms. Bergeron, for the first quarter of 1998 there were 177
loads, up 5 from 1997. April 1998 is down eight loads compared to the 1997 figures. At this
time, she has no new customers to report. It appears that businesses are too close to their
markets for single car moves. Overall, business is steady.
Mr. Krog commented that Dakota Rail has four employees who work on train maintenance and
track maintenance. At this time, they are completing basic maintenance such as putting in new
ties, replacing broken rail, etc. A number of culverts need to be replaced, and Dakota Rail is
looking to rent a backhoe on a weekly basis to complete the work. It was requested that if any of
the members present knew where this equipment could be rented to contact Dakota Rail.
Mr. Krog also commented that the Minnesota Department of Transportation (MnDOT) has
contacted the rail about the roughness of the Highway 15 (Main Street) crossing. There was
brief discussion about the actual condition of the crossing, as a number of members thought this
crossing had been recently paved. Barry Anderson updated the group on the progress of the
rehab /rebuild project proposed for the Highway 15/22/7 intersection and surrounding areas. It is
still in the planning stages at this time. The future of the crossing was discussed and Sheldon
Nies will bring this to the attention of Al Vogel of MnDOT.
The group then talked about the process to sell properties adjacent to Steamswood and Burns
Philips. Chair Nies commented that the mortgages for these properties are held by the state and
the Rail Authority, and it is very difficult to transfer the properties.
Barry Anderson brought to the attention of the Rail Authority a dispute between a land owner
and the City of New Germany. The dispute centers around property that the owner has leased
from Dakota Rail for approximately 40 years. The City proposes to gain a permanent easement
over the property for the purposes of installing a road. The Rail Authority directed Attorney
Anderson to communicate to New Germany's legal counsel that they are willing to speak with
and cooperate with the parties but will not involve the Authority in the dispute.
The next item of discussion was the Fifth Avenue crossing. Originally, the rail proposed a signal
arm crossing. Because of the speeds of the trains and traffic at the crossing, and the number of
daily crossings, a signal arm crossing is not planned.
At this time, Chair Nies noted that the Rail Authority officially recognizes that Attorney
Anderson has donated his time and services to the organization. Thanks were extended to Mr.
Anderson and his firm.
The rail crossing for the Trunk Highway 22 bypass was discussed. A motion was made and
seconded to allow Sheldon Nies to sign off on any agreements with McLeod County, Dakota
Rail, or other involved parties regarding right -of -way property. The motion passed unanimously.
The elections of officers for 1998 was next on the agenda. Larry Graf moved to cast a
unanimous ballot for the chair and other officers. The motion was seconded by Milo Kubasch.
The motion carried with a unanimous vote.
A number of questions were raised by the attendees, and are as follows:
1. What is the status of the condition of the tail? Harry Krog noted that is was a rough
spring. A number of road beds went out, but it is holding its own, currently. Dakota Rail
will continue to seek funding to improve the rail from MnDOT and from federal sources.
Such a request would be a joint effort with the Rail Authority.
2. Is there a danger of an embargo? Harry Krog stated that this is not an issue for 1998.
Tim Smith noted that this information is critical when making contracts for certain
purchases.
3. Will Dakota Rail keep one or two engines? Harry Krog commented that there will be one
engine. In the case of a breakdown, another should be available in two to five days.
With no further business to discuss, on a motion made by Dean Oleson and seconded by Milo
Kubasch, the Rail Authority unanimously voted to adjourn at 8:15 a.m.
0
Administrative Office FOR YOUR INFORMATION '
410 Fifth Street SW ioneerland
P.O. dox 327 LIBRARY SYSTEM
Willmar, Minnesota 56201 -0327
w ne: (320) 235 -6106 Fax: (320) 214 -0187 pls @pioneerland.lib.mn.us
1'_IONEERLAND LBMRY SYSTEM BOARD MEETING
March 26. 1998
The Pioneerland Library System Board held their regular meeting on Thursday. March 26, 1998 at the
Lakeland Auditorium in Willmar. Chairman Harlan Madsen called the meeting to order at 7:34 p.m. Roll
call was taken.
Ivey VooderharrBob Fleegel moved approval of agenda. Motion passed. Al Clouse/Robin
deCathelineau moved approval of minutes of February 19, 1998 meeting. Motion passed.
Librarians from Big Stone County public libraries gave a slide presentation about their libraries. Ann
Lauer told about the Graceville Libran•. Laurie Hammel told about the Ortonville Library. Both ans%vered
questions from board members.
Committee Reports:
Finance: Oreille Rudningen gave the finance repon for February 1998. Motion made and seconded by
Rudningen/Floyd Sneer to approval financial reports. Motion passed. Motion made and seconded by
Rudningen/Robin deCathelineau to have state and federal funds by electronic transfer. motion
passed.
Automation: Ramona Berg -Pem gave an updated report on automation. She summarized the standard
agreement contract between Pioneerland Library System and MnSCU/PALS with a special attachment for
PLS. budget. and phase I and B. All cities and counties will finish payments in 1999. Funds are budgeted
until 2004. Berg- Perrv/Larn Ladd motion and second to accept contract from MnSCU/P r.LS.
Motion passed
Berg - Perry /Oreille Rudningen motion and second to accept revised inter policy and patron use.
Motion passed. Discussion was held on use of internet filters.
Collection Development Task Force: Ramona Berg -Perry gave update on Collection Development Plan.
Personnel Committee: Ivey Vonderharr reported on final plans for PLS Awards dinner April 16. 1998.
She reported on the propose; from staff adtisory committee on 1999 %cages and budgets of the libraries in
the system. Darlene Kotelnicki reported there %rill be a vacanc} for head librarian at the Litchfield
Libran .
Policy Committee: Report %vas given by Harlan Madsen on the 1996 amendment update and 1998
amendment. PLS attornev Todd Kleinhuizen %will meet with Da%id McLaughlin. Ortomille cin attomev.
on the ownership and insurance issues. Discussion was held on reserves for long -term planning.
New Business: Harlan Madsen described the report done for Smdv Committee on Chippe%va and Yelloo
Medicine counn issues. It will be sent out and PLS board members should go through the report and
learn from it. He thanked all %who worked on it. John Houlahan. Harlan Madsen. and Earleen Warner.
. Willmar Head Librarian. were on KWLM radio open mike program in Willmar.
Kathy Matson revie . the Minnesota Public Library Report for 1997. This is due to the state by April 1,
1998 and is done e ry year. Motion and second by AI Clouse/Ramona Berg -Perry to approve report.
Motion passed.
Next meeting is the ;irst annual awards dinner Thursday, April 16, 1998 at the All- A -Bord Restaurant in
Willmar. All PLS s iff and board members and local library and board members are invited to
attend
Motion by Al Clou ,e/second by Robin deCathelinean for adjournment. Motion passed. Meeting was
adjourned at 8:43 p r.
Marleen Canfield
Secretary
0
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17-
rIA 1 ,5 711
1998 New Mousing Starts
Address
Type
Owner
Valuation
Builder
565 Harvest St. SW
Single Family
Naustdal
88,240
Naustdal
540 Barley St. SW
Single Family
Anderson
85,000
Anderson
1110 South Grade Ct. SW
Single Family
Scenic Homes
100,000
Mathews
1027 Prairie View Dr. SW
Twin Home
Scenic Homes
77,000
Mathews
1029 Prairie View Dr. SW
Twin Home
Scenic Homes
73,500
Mathews
855 Hillcrest Road NE
Twin Home
Betker
97,245
Betker
857 Hillcrest Road NE
Twin Home
Betker
90,000
Betker
595 Barley St. SW
Single Family
Naustdal
84,986
Naustdal
510 Hidden Circle SW
Single Family
Brill
235,000
Betker
915 Cleveland Ave. SW
Single Family
Naustdal
108,238
Naustdal
545 Harvest St. SW
Single Family
Naustdal
84,165
Naustdal
570 Harvest St. SW
Single Family
Naustdal
86,762
Naustdal
590 Harvest St. SW
Single Family
Naustdal
80,328
Naustdal
1620 8th Ave. SW
Single Family
Peters
140,000
Berscheid
712 Arizona St. NW
Twin Home
Compton
106,350
Compton
722 Arizona St. NW
Twin Home
Compton
105,537
Compton
575 Barley St. SW
Single Family
Naustdal
84,173
Naustdal
760 Roberts St. SW
Single Family
Spettman
130,000
Broll
935 Lakewood Dr. SW
Single Family
Hoffman
150,000
Berscheid
855 Cleveland Ave. SW
Twin Home
Butler
117,000
Butler
865 Cleveland Ave. SW
Twin Home
Butler
117,000
Butler
555 Hidden Circle SW
Single Family
Peterson
200,000
Betker
L�,�,
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TRIAX
wvrCABLEVISION
FOR YOUR INFORMATION
1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093
Phone: 507 - 835 -5992, Fax: 507 - 835 -4567
May 21, 1998
Mr. Gerald R. Bell
231 3rd Ave. N.W.
Hutchinson, MN 55350
Dear Mr. Bell:
MAY 2 51498
CM OF NU tCHASON
This is in response to your recent letter regarding service installation, programming packages and
the need for an upgrade of our cable system.
4)
First, we prefer to have our technical staff visit the location where service is requested to ensure
that the line supplying service to the home meets all Company and National Electrical Safety Code
specifications. At this same time, our service personnel can also ensure that picture quality meets
all Company and FCC standards. I certainly understand your desire to receive service as quickly
as possible, but it is very important to us that we provide the best service possible to our
customers at the time of installation.
Your questions regarding programming packages and the need for an addressable system offering
programming options and pay - per -view access are well timed. During the month of April, Triax
Cablevision completed a system -wide upgrade of our cable system in Hutchinson, and during the
months of June and July, we will begin advertising the new services we will soon bring to the
community. I am happy to say that ESPN2 will be included as one of the channels we will add.
As you mentioned, the cable industry has been advertising the benefits of "cable" over "satellite"
services. Not only do we feel we have a strong advantage in the areas of price, service to multiple
televisions and local programming, we also feel strongly about the advantages of local service.
Not only do we have local technicians, our staff is available 24 hours a day, 365 days a year to
repair signal reception issues and emergency situations. In addition, we maintain all our
equipment which supplies our customers with service, so there are no hidden cost, or the need for
customers to purchase new equipment, at their expense, when we upgrade our network.
Mr. Bell, I appreciate you taking the time to write us and for your comments. It is obvious to me
that we agree on many of the issues you raised, and I am quite pleased we have addressed those
key points with the completion of our system upgrade. Once our channel launches occur, I would
like an opportunity to discuss the changes and commitment Triax Cablevision has made to the
community, and I would like to discuss re- building our relationship with you.
Page 2
Mr. Gerald Bell
In the meantime, if I can be of assistance, please feel free to contact me at any time.
Sincerely,
&tee Lz
Paul R. Pecora
Regional Manager
cc: City of Hutchinson
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May 11, 1998
Gary Plotz, Admr.
111 Hassan St SE
Hutchinson MN 55350 -2522
Dear Gary Plotz:
10 Civic Center Plaza
Post Office Box 3368
Mankato, Minnesota 56002 -3368
Phone: (507) 387 -8600
Fax: (507) 388 -7530
http: / /www.ci.mankato.rnr us
MANKATO
e
RECEpIED
MAY 18 1998
CITI !:F HUTCH,NS
The 1998 CGMC Annual Conference hosted in our city, July 29 -31, 1998 will be both an
opportunity to plan and shape our positions on issues for 1999, and have a great time. We are
planning to show you and your family our southern charm (Southern Minnesota charm)!
This year, as at every conference, the business of our Coalition is our first priority. We will review
the legislative outcomes from 1997, and begin to shape policy positions for 1999. We also will
have two training sessions on issues facing many of our cities, revitalizing our downtown areas,
and revitalizing our citizens' interest in city government. Through case studies we will be offering
an opportunity to learn what did and didn't work in Mankato's experience working on these
issues.
A special opportunity for us this year are the candidates forums where we will, as a group, be
able to question the candidates for state offices on issues important to Greater Minnesota. We
. hope as many as possible of your city's elected and appointed officials will be present as we
address these hopeful candidates on land use planning, environment, property tax, L.G.A., and
their openness to having voices from this Coalition at their table.
We are planning to charm you and your family during your visit as well. On Wednesday evening,
you and members of your family are invited to a performance at our Civic Center of "How to talk
Minnesotan," after a family dinner called " How to eat Minnesotan!" We have many tours,
activities, and golf outings available for your family while we attend our meetings. The Shrine
Circus is performing in the Civic Center on Thursday evening, and we hope your children will be
able to go (supervision provided) while you and your spouse attend the banquet, Governors
forum, and dessert that follows.
It will be a full three days of planning and developing our agenda for 1999. We have lots of fun
included and hope you will include your families.
The brochure explains the costs and lodging information further. Our city is looking forward to
greeting you.
Sincerely,
Stan T. Christ, Mayor
P.S. On Friday evening at 7:00 p.m. the Vikings will be holding a charity scrimmage at MSU's
Blakeslee Field. If you and your family plan to stay, you are invited to spend the
afternoon at Council President's Kathy Sheran's lake cabin whiling away the time
• between the conference and the scrimmage.
Mankato is an affirmative action, equal opportunity emp"f
Pnnte on recyde paper w h say nk
