cp04-09-1996 c• AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 9, 1996
CALL TO ORDER - 5:30 P.M.
2. INVOCATION - Rev. Jon Lindekugel, Christ the King Lutheran Church
3. CONSIDERATION OF MINUTES
MINUTES OF REGULAR MEETING OF MARCH 26, 1996
Action - Approve as presented - Approve as amended
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - MARCH 1996
2. LIBRARY BOARD MINUTES OF MARCH 25, 1996
(b) RESOLUTIONS AND ORDINANCES
. 1. ORDINANCE NO. 96 -166 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE,
DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO JME
INC. AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1
AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS (SECOND READING AND ADOPT)
2. RESOLUTION NO. 10655 - RESOLUTION ESTABLISHING FEE FOR
PAWN SHOP LICENSE
RESOLUTION NO. 10656 - RESOLUTION ACCEPTING BID AND
AWARDING CONTRACT, LETTING NO. 5, PROJECT NO. 96 -07
RESOLUTION NO. 10657 - RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
(c) REQUEST FROM GARDEN CLUB TO USE LIBRARY SQUARE SIDEWALK
ON MAY 18, 1996 FOR ANNUAL PLANT SALE FUND RAISER
Action - Motion to approve consent agenda
NONE
6. COMMUNICATIONS REQUESTS AND PETITIONS
(a) "EXCELLENCE PLUS" STATUS UPDATE BY BUILDING OFFICIAL ON
CREATION OF JOINT PLANNING AGENCY AND SKIP QUADS PROTOTYPE
PLAT WITHIN URBAN BOUNDARY DISTRICT
CITY COUNCIL AGENDA - APRIL 9, 1996
a
10.
RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA
NONE
NEW BUSINESS
(a) CONSIDERATION OF DEFERRED LOAN AGREEMENT BETWEEN CITY OF
HUTCHINSON AND JME INC.
Action - Motion to reject - Motion to approve
(b) CONSIDERATION OF DEVELOPMENT AGREEMENT BETWEEN CITY OF
HUTCHINSON AND JME INC.
Action - Motion to reject - Motion to approve and enter into agreement
(c) CONSIDERATION OF EXECUTION OF PURCHASE AGREEMENT BETWEEN
JME INC. AND CITY OF HUTCHINSON
Action - Motion to reject - Motion to approve
(d) CONSIDERATION OF RESOLUTION AUTHORIZING TRANSACTION(S)
WITH JME INC.
Action - Motion to reject - Motion to approve and adopt
(e) CONSIDERATION OF RESCHEDULING CITY COUNCIL AND DIRECTOR
WORKSHOP ON 1997 OBJECTIVES
Action - Motion to reject - Motion to approve
(f) CONSIDERATION OF EASEMENT FOR RAILROAD PURPOSES OVER LOT
4, BLOCK 1 OF SECOND ADDITION TO HUTCHINSON INDUSTRIAL
DISTRICT
Action - Motion to reject - Motion to approve
(g) CONSIDERATION OF RIGHT -OF -WAY CERTIFICATE FOR BLUFF STREET
Action - Motion to reject - Motion to approve
MISCELLANEOUS
(a) COMMUNICATIONS
E
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0 CITY COUNCIL AGENDA - APRIL 9, 1996
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds
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• MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MARCH 26, 1996
The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin
Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson.
Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and
City Attorney G. Barry Anderson.
The invocation was given by the Reverend Alex Ramos.
MINUTES
The minutes of the regular meeting of March 12, 1996 and bid opening of March 20, 1996
were approved as presented.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
FINANCIAL/INVESTMENT REPORT - FEBRUARY 1996
2. PLANNING COMMISSION MINUTES OF FEBRUARY 20, 1996
3. POLICE CIVIL SERVICE COMMISSION MINUTES OF FEBRUARY 29,
1996
4. HUTCHINSON AREA HEALTH CARE MINUTES OF JANUARY 23, 1996
AND FEBRUARY 20, 1996
(b) RESOLUTIONS AND ORDINANCES
ORDINANCE NO. 96 -165 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 6
ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY
ADDING SECTION 6.43 ENTITLED "MASSAGE SERVICES" AND BY
ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION
2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS (SECOND READING AND ADOPT)
2. ORDINANCE NO. 96 -166 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE,
DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO
IMPRESSIONS INCORPORATED AND ADOPTING, BY REFERENCE,
CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST
READING AND SET SECOND READING FOR APRIL 9, 1996)
3. RESOLUTION NO 10647 - RFSOLTTTT6IN POP PimruAQP
4. RESOLUTION NO. 10653 - RESOLUTION DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, ASSESSMENT ROLL FOR LETTING NO. 5. PROJECT
NO. 96 -07
CITY COUNCIL MINUTES - MARCH 26, ] 996
5. RESOLUTION NO. 10654 - RESOLUTION FOR HEARING ON
PROPOSED ASSESSMENT, ASSESSMENT ROLL FOR LETTING NO.
5, PROJECT NO. 96 -07
(c) DELINQUENT WATER AND SEWER ACCOUNTS
(d) APPOINTMENTS:
TREE BOARD
♦ DAVID LARSON
♦ LAURA POSER
(e) HUTCHINSON AREA CHAMBER OF COMMERCE RETAIL TASK FORCE
REQUESTS FOR STREET DANCE ON JULY 19,1996:
♦ PERMIT FOR STREET DANCE
♦ CLOSE STREET
♦ USE OF LIBRARY SQUARE PARK
♦ PERMIT FOR CONCESSION STAND
♦ SHORT -TERM NON - INTOXICATING MALT LIQUOR LICENSE
0
(f) CONDITIONAL USE PERMIT REQUESTED BY CHURCH OF THE LATTER
DAY SAINTS TO CONSTRUCT CHURCH LOCATED IN R -2 DISTRICT AT
770 SCHOOL ROAD NORTH WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION WITH STAFF RECOMMENDATIONS
(ADOPT RESOLUTION NO. 10648)
(g) CONDITIONAL USE PERMIT REQUESTED BY WORD OF LIFE OUTREACH
CENTER TO CONSTRUCT CHURCH AND SCHOOL LOCATED IN R -2
DISTRICT AT SCHOOL ROAD SOUTH AND SOUTH GRADE ROAD WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH
STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10649)
(h) CONDITIONAL USE PERMIT REQUESTED BY STEVE WADSWORTH TO
CONSTRUCT POLE BUILDING LOCATED AT 1030 HWY. 7 WEST BEHIND
PRESENT BUILDING AT 1020 HWY. 7 WEST WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION WITH STAFF
RECOMMENDATIONS (ADOPT RESOLUTION NO. 10650)
(i) PRELIMINARY AND FINAL PLAT KNOWN AS "SECOND ADDITION TO
HUTCHINSON INDUSTRIAL DISTRICT" SUBMITTED BY CITY STAFF
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 1065 1)
(j) RECOMMENDATION OF CITY STAFF TO ESTABLISH TASK FORCE TO
REVIEW AND RECOMMEND OPEN SPACE AND SITE PLAN CRITERIA FOR
PUBLIC AND PRIVATE SCHOOLS WITH FAVORABLE RECOMMENDATION
OF PLANNING COMMISSION
(k) REVISED COMMERCIAL LOAN GUIDELINES
The motion to approve the consent agenda with the exception of items 4 -(g) and 4 -0)
9 CITY COUNCIL MINUTES - MARCH 26, 1996
was made by Council Member Erickson, seconded by Council Member Mlinar and
unanimously carried.
Item 4 -(g) -- Following extensive discussion regarding the number of students per
classroom space, Rev. Jim Hall requested the City Council to approve the City staff
recommendations and to allow the appointed Task Force to determine a reasonable
standard for the school.
The motion was made by Council Member Craig to approve the conditional use
permit for the school and church but not to limit the number of students and standards
in adopted Resolution No. 10649. Motion seconded by Council Member Peterson
and unanimously carried.
Item 4 -0)- -There was brief discussion concerning the responsibilities of the Task
Force.
PUBLIC HEARING - 6:00 P.M.
(a) INTOXICATING LIQUOR LICENSE REQUESTED BY RAHN C. HOSECK AND
JOEL L. STARRETT FOR A RESTAURANT AND LOUNGE LOCATED AT 18
MAIN STREET NORTH
• Mayor Torgerson called the hearing to order at 6:00 p.m. and read the notice of
hearing.
Mr. Rahn Hoseck stated that he and Joel Starrett were in the process of purchasing
the building contingent upon obtaining a liquor license. Recently they were offered
the opportunity to purchase J's Pizza next door, with a six -month time frame to reach
an agreement. The owner of J's Pizza has offered to provide pizza to the bar to meet
the of od requirements. However, no liquor will be sold next door.
Police Chief Steve Madson reported that an investigation was completed and nothing
derogatory was revealed. It was his recommendation to favorably consider the
application with the following four contingencies: (1) surety bond and insurance
required; (2) meet food requirement; (3) building meet all city building code
inspections and fire codes; and (4) provide additional financial information.
Council Member Erickson moved to close the hearing at 6:10 p.m., seconded by
Council Member Mlinar and unanimously carried.
Council Member Erickson moved to approve the licensing contingent upon the four
recommendations presented by the Chief of Police, seconded by Council Member
Peterson and unanimously carried.
(b) LETTING NO. 7, PROJECT NO. 96 -09, 96 -10, 96 -11, 96 -12, 96 -13, 96 -14, 96 -15
(1996 STREET AND SIDEWALK IMPROVEMENTS)
Mayor Torgerson called the hearing to order and read the notice of hearing.
Publication No. 4902.
CITY COUNCIL MINUTES - MARCH 26, 1996
Engineer Rodeberg reviewed the projects and addressed the proposed costs. He
reported that the property owners for Projects No. 96 -14 and No. 96 -15 had requested
deferral. Also, the ity Engineer noted that parking lots B and E would be deleted
from project No. 96 -10. The Village Cooperative of Minnesota submitted a petition
objecting to the sidewalk on Sherwood Street for project No. 96 -09,
C I
Mike Becker, 56 Century Avenue SE, wondered where the proposed sidewalk would
be located. He stated he was the only property owner to be assessed and asked if he
would be responsible to maintain it. His main concem was the snow removal from
the sidewalk and the extra traffic over the yards.
Mayor Torgerson suggested the City Council change the policy and amend the
ordinance regarding sidewalk maintenance in areas where it does not go anywhere.
PROJECT NO 96 -10
0
Dick Lennes, HCDC Director, stated that the HCDC has been working with a Task
Force on a downtown plan. It is their recommendation to add downtown parking lots,
and the old City Hall site was selected as a priority. The other two parking lots are
not in the priority plan.
Parking Lot B is deleted and will be reconsidered for construction in 1997. •
Parking Lot E is deleted and will be reconsidered under Letting No. 9.
Dr. Lester Schuft, 45 Third Avenue SE, commented that he owns the building next
to the American Legion. He asked how many property owners would be assessed for
the project and how many parcels were involved.
Sharon Daniels, 1165 13th Avenue NW, inquired if the project included curb, gutter,
gas, and sidewalk. She also asked about the cul-de -sac, which direction the lines
would run, the right -of -way, and the number of lots that could be developed.
Engineer Rodeberg stated the project was for curb and gutter.
'I) fJ1 808191
Norman Hoefer, 1225 Golfview Court NW, asked how the City would assess the
project. He suggested that it be made clear to the residents what the assessments
cover.
The City Engineer pointed out the subdivision agreement states that assessments will
be divided evenly among all the lots.
4
0 CITY COUNCIL MINUTES - MARCH 26, 1996
PROJECT NO. 96-14
Project deleted and will be reconsidered for construction in 1997.
PROJECT NO. 96 -15
Project deleted and will be reconsidered for construction in 1997.
The motion to close the hearing at 6:50 p.m. was made by Council Member Craig,
seconded by Council Member Mlinar and unanimously carried.
Council Member Craig recommended that the City staff come up with a plan to
maintain the sidewalks.
The motion to approve the public improvement schedule and adopt Resolution No.
10652 was made by Council Member Craig, seconded by Council Member Mlinar
and unanimously carried.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) "EXCELLENCE PLUS" UPDATE BY CITY ADMINISTRATOR
. City Administrator Plotz updated the City Council on the "Excellence Plus" program.
(b) UPDATE BY DICK LENNES ON SELECTION OF HUTCHINSON NAMED
TOP 50 BOOM TOWN IN AMERICA
HCDC Director Dick Lennes presented a report on the data used to compare U.S.
towns by regions to determine the top 50 boom towns listed in Money magazine.
Hutchinson was ranked as 41 st with a 10,000 to 50,000 population. The community
had shown a 12 percent population growth from 1990 -1995.
7. RESOLUTIONS AND ORDINANCES — SEE CONSENT AGENDA
8. UNFINISHED BUSINESS
NONE
9. NEW BUSINESS
(a) CONSIDERATION OF REMODELING FOR TRANSITIONAL CARE PROGRAM
IN 400 WING OF HUTCHINSON COMMUNITY HOSPITAL
Following discussion, Council Member Mlinar approved the transitional care
unit remodeling project at a cost not to exceed $76,255.00. Motion seconded by
Council Member Peterson and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
CITY COUNCIL MINUTES - MARCH 26, 1996 •
City Administrator Plotz reported that a flyer will be sent out in the utilities bills to
inform the public of an upcoming fluorescent bulb recycling day to be held on April
22 at the McLeod County Household Hazardous Waste Facility. Also, it will
promote curbside recycling, a backyard composting and grasscycling course on April
25, three free loading days for mulch and compost, three weeks of boulevard leaf and
grass pickup, and a special white goods and hard goods pickup on May 15.
(b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg reported that the public hearing on South Grade Road, a federal
project, will be held on April 2i. The bid will be awarded prior to the hearing.
He will make a presentation regarding cost at the next Council meeting.
The City Engineer commented on the title for Impressions, Inc.
(c) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR
Council Member Mlinar made reference to a meeting in Olivia being held March 27.
(d) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG
Council Member Craig commented on the action taken concerning the Word of Life
Outreach Center's proposed church and school. He felt the Council had taken the •
proper action.
(e) COMMUNICATIONS FROM CITY ATTORNEY
City Attorney Anderson reported that the City now owns a portion of Simonson
Lumber's property.
(a) VERIFIED CLAIMS
The motion to approve the claims and to authorize payment from appropriate funds
was made by Council Member Erickson, seconded by Council Member Mlinar and
unanimously carried.
There being no further business, the meeting adjourned at 7:20 p.m.
• CITY OF HUTCHINSON
BUILDING / PLANNING / ZONING DEPARTMENT
11 I HASSAN STREET S.E., HUTCHINSON MN 55350 PHONE 612-234-4216 FAX: 612 -4240
•
0
NEW RESIDENTIAL
PRIVATELY OWNED
PUBLICLY OWNED
HOUSEKEEKNG `-
- hem
Number of Valuation of
NuMer of VakAbOn of
BUILDINGS
No
BuPdge HmmV construction
Ba■drgs Rooms oonstrualon
Urns Omit cents
Omncents
a
(b) c) (d)
e )
Single-tarrJN horded. detached
E, nb[4Y w,rr
101
-3
3
361-754
Shgl• -famiy he b attached
3puwOM la»rwo b mW w4
Ab uer owe arewr, �R
si A � '
102
anae�
T
103
Thn► rid fvx.kmlfy NAdirV
104
FNSwtnonm family buildnile
105
TOTAL Smoffal-101
109
3 36 1 ,754
NEW RESIDENTIAL
PRIVATELY OWNED
PUBLICLY OWNED
NONHOUSEKEEPING
"Am
Numbw of Vruallan of
Number of
Valuation of
BUILDINGS
No.
Buedsgs Rowrre construction
c lrucbon
Bu9dnpa
Rooms
Omit cents
Omit Cants
la)
Dl (c) (d)
(e)
(f)
(g)
FIN", nwtels, and lounr nbina
•ommmdelbra
213
OaW noromm espirq stehac
214
NEW
PRIVATELY
OWNED
PUBLICLY OWNED
NONRESIDENTIAL
BUILDINGS
neon
Number
valurbn of
Number of v■luabom of
No.
of
oortebudbn
Burl9'9s cuueuygn
BuN7
omm cents
On* cuts
■
c
Amuwn@M social, aril masallwal
313
Ctaaches and 0tw migiorw
319
brdrubW
320
P■kkq 9■r■9■■ Vwidrgs a open deekadl
321
Servto■ stations and repair grapes
322
Haapleses wW swabacrul
323
Olauaa, brhM and proleselwW
344
P wale rH uwtd"
323
Schools and W W eduwtlorW
323
Saw•• rod awtmrr services
327
Ono mrseHriW di6rge
323
Strums Oser ■en beram9■
329
ADDITIONS,
PRIVATELY
OWNED
PUBLICLY
OWNED
ALTERATIONS,
Kenn
NunWr
Vasetknd
m
Nu of
vaan of
elw
AND CONVERSIONS
No.
a
corewrctfon
Sustirgs
constucaon
Bua&rRe
On*cores
Orris cents
(a)
NI
(c)
(d)
(e)
Reeldral■1- ammasyadlsoe a/
4m
9&•988 and orPwlr in Aam 433
2
26.31M
NwweUtlrMld and nwlnrselusp ft
437
1 4
29 sm
Adelill of reeNr" gsrgse rod
433
urWft (attached and dabsch.d)
DEMOLITIONS °
PRIVATELY
OWNED
PUBLICLY
OWNED
AND RAZING
OF BUILDINGS
here
Numbs,
NumWrd
Nunbr or
Nniber of
No.
Of
aukirvo
units
Balclaw
Houm v ums
(■)
(h )
(c)
e
Single - family houea(Whached W dvtact l
343
Tw femlly bWSge
646
Thr and four- tamiry wolirn s
647
Flveor family buildings
643
M oder bvadrV and structures
649
Roof -4- Reside -2_ RIIR -2 M4T_2
cTal
-1
Total Permits 22 Total Valuation $434,226
4z � ��/
• Hutchinson Public Library Board Meeting
Monday, March 25, 1996 4:30 P.M.
Members Present: Mary Henke, Kay Peterson (City Council ), Connie Lambert (PLS
Board member) Paul Wright, Lois Carlson, Sue Munz, Joe Schulte Richard
Peterson, Joyce Beytien
Members Absent: None
The minutes of the February 26 meeting were reviewed and approved.
Old Business: Lois Carlson will continue to carry out the purchase and hanging of a
photograph of Ralph Bergstrom to honor his over fifty years service to the Public
Library. Memorial money from his family will be used. (MMSP - Joyce B., Kay P. )
The problem with the 'dimming' light fixtures is being checked by an electrician
(Bernhagen) and will probably require some new ballasts.
New Business: Connie Lambert was introduced as the new volunteer from
Hutchinson to serve on the Pioneer Library Board with Sue Munz. A short review of
• their meeting and orientation for Connie was presented.
Discussion continued on the particular funding for the Hutchinson Library in
explanation to new members of the board and in reference to board members '
questions. Mary presented the 1996 library budget sheet and the city's 1996 budget
for the library expenses to further explain where the money comes from (city and
county) and specifically where it is spent. There is a consensus that how this money
comes back to us through PLS services needs to be communicated to our council and
commissioners. We will pursue a meeting time with the two groups.
Another goal for the library that was discussed was faster delivery service for
information from other libraries ( books, research irrformation,etc.). Automation would
speed up the request time but what of the actual time it takes to have it shipped
here?
Our further meetings will be held on the fourth Monday of the month after the PLS
meeting the week before. The Library Board's next meeting will be Monday, April 22,
1996 at the Public Library at 4:30 P.M.
The meeting was adjourned_ (Kay P., Richard P.)
Joyce Beytien, Secretary
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— 7 �;
• ORDINANCE N0.9 -166 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING
THE BALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO JMB,
INC. AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION
2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINSt
Section 1. The City Council for the City of Hutchinson,
Minnesota, hereby authorizes the sale, transfer and disposition of
certain real estate owned by the City of Hutchinson, to JME, INC.,
a Minnesota corporation, legally described as follows:
Lot Four (4), Block One (1) , Second Addition in the Hutchinson
Industrial District, McLeod County, Minnesota.
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
• Section 3. This ordinance shall take effect upon its adoption
and publication.
Adopted by the City Council this 9th day of April, 1996.
Mayor
Attest:
Gary D. Plotz
City Administrator
Published in the Hutchinson Leader:
First reading: starch 26. 1996
Second reading: April 9. 1996
// -/;� (1)
• RESOLUTION NO. 10655
RESOLUTION ESTABLISHING FEE FOR LICENSE ISSUED TO
SECOND HAND GOODS DEALERS AND PAWN SHOPS
THIS RESOLUTION is made and entered this 9th day of April, 1996, by the Hutchinson
City Council.
RECITALS:
1. The City of Hutchinson has adopted an ordinance in furtherance of public policy
regulating the licensing and operation of pawn shops;
2. The City of Hutchinson is required to establish a fee for all licenses and to do so by
resolution;
NOW THEREFORE, be it resolved by the City Council of the City of Hutchinson that the
fee for a pawn shop license issued by the City is hereby set at $100 per license until further
• resolution by the Council.
Adopted by the City Council this 9th day of April, 1996.
Marlin Torgerson
Mayor
ATTEST:
Gary D. Plotz
City Administrator
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M O R A N D U M
April 3, 1996
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Resolution Accepting Bid and Awarding Contract
South Grade Road (TH 15 to Dale Street)
Letting No. 5/Project No. 96 -07
Due to the need to complete documentation and acceptance of Federal funding for the
above referenced project, we are recommending approving the above referenced
resolution prior to the Assessment Hearing. Although there has been an unwritten
policy of the City to hold the Assessment hearing first, State Statutes do not require
the Hearing prior to award. Although there is the possibility of appeals with every
Assessment Hearing, the amount of federal funds is almost 4 times the assessable
amount, and it is clearly the higher funding priority.
Attached for your information is the Assessment Hearing handout and a letter sent to
all properties along the route.
In order to secure federal funds and continue timely construction of the project, staff
strongly recommends approving the Resolution.
9
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax (612) 234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Fax (612) 234 -4240
- Printed o recycled paper
Police Services
10 Franklin Street SW
` Hutchinson, MN 55350 -2464
(/ (612) 587 -2242
Fax (612) 587 -6427
CLERK /ADMINISTRATOR'S CERTIFICATE
• FEDERAL AID PROJECT
STATE OF MINNESOTA ) REFERENCE (S.P. 133 - 080 -01
(
City of Hutchinson )
I, _ Gary D._PLotz , the duly appointed, qualified and acting City
Clerk /Administrator of the City of p , and State of Minnesota, do
hereby certify that at a regular nesting of theCity Council of the City
of Hutchinson held on the 9th day of April 1996 , the
following named contractors
S.P. No. 080 -01 , Minnesota Project NO. 5934(001) , located
on South Grade Road. in Hutchinson, in McLeod County, being approximately .025
miles in length.
The bid of Ha. Mueller b Sons in the amount of $ 582,149.43 appeared
is to be the lowest bid received, subject to final audit, and on motion by
Councilperson and seconded by Councilperson
it was voted by said City Council to recommend to the Commissioner of
Transportation, as Agent for said City, that: (said contract be awarded to the
lowest responsible bidder) or (that all bids be rejected)
Attest:
City Clerk /Administrator Chairperson, City Council
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal this 9th day of April , 19 96
Chairperson /Administrator
Recommendation: I concur with the above recommendation.
•
District State Aid Engineer
submitted bids for the furnishing of all labor, tools, materials and
equipment necessary for the construction of the work provided for under plans
and specifications for that improvement on South Grade Road otherwise
known as:
FOR YOUR INFORMATION
Letting No. 5 /Project No. 96 -07
South Grade Road (TH 15 to Dale Street)
•• • •• Vv
CONSTRUCTION OF STORM SERER. WATER IAIN. GRADING. GRAVEL BASE. CONCRETE CURB
AND GUTTER. BITUMINOUS BASE COURSE AND WEAR COURSE SURFACING. TRAFFIC
SIGNALIZATION AND APPURTENANCES
Construction Cost
$ 582, 149.4
• •
TOTAL PROJECT COST $ 721,865.29
A
CITYSHARE
Watermain, Non- Assessable ltems /Credits S 199,985.19
Federal Aid $390,000.0
Total City Share
$ 589,985.19
TOTAL PROJECT COST S 721, 865.29
Residential Street Assessment $32.50 /front foot •
Traffic Control and Signalization (Hutchinson Mall) 540,000 O
• Based on residential assessment rates for 1995. including inflation. The rate u as
determined based on a non -curb and cutter replacement proi,ect of similar c- lessor %v idd�.
0 Based on Subdi%ision Agreement. Calculated actual costs substantially e- �.eeded this
number.
4-4(-3)
PUBLICATION NO. 4904
• NOTICE OF HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5000
LETTING NO. 5
PROJECT NO. 96-07 FOR YOUR 1Nf uRll101
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council will meet at 6:00 PAL on the 23rd day of
April, 1996, in the Council Chambers at City Hall at Hutchinson. Minnesota. to pass upon the
proposed assessment for the improvement of South Grade Road from TH 15 South to Dale
Street by construction of sanitary seR and services, Ratermain and services, storm seR-er,
grading, gravel base, concrete curb and gutter, bituminous base, surfacing, traffic signalization
and appuvtenances.
You may at anytime prior to certification of the assessment to the County Auditor, pay
the entire assessment on such property, 'With interest accrued to the date of payment, to the City
Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1996.
You may, at anytime thereafter, pay to the City Administrator the entire amount of the
assessment remaining unpaid, with interest accrued to December 31st of the year in which such
payment is made. Such payment must be made before November 15th or interest will be charged
through December 31st of the succeeding year. If you decide not to prepay the assessment before
• the date given above, the rate of interest that will apply is 7 percent (plus or minus) per year.
The right to partially prepay the assessment shall be until October 1st, 1996.
The proposed assessment is on file for public inspection at the City Administrator's
Office. The total amount of the proposed assessment is $131,880.10. Written or oral objections
will be considered at the meeting. No appeal may be taken as to the amount of an assessment
unless a signed, written objection is filed with the City Administrator prior to the hearing or
presented to the presiding officer at the hearing. The Council may, upon such notice, consider
any objection to the amount of a proposed individual assessment at an adjourned meeting upon
such further notice to the affected property owners as it deems advisable.
If an assessment is contested or there is an adjourned hearing, the following procedure will
be followed
The City will present its case first by ailing witnesses who may testify by
narratives or by examination, and by the introduction of exhibits. After
each witness has testified, the contesting party will be allowed to ask
questions. This procedure Rill be repeated v ith each witness until neither
side has further questions.
2. After the City has presented all its evidence, the objector may call
witnesses or present such testimony as the objector desires. The same
• procedure for questioning of the City's witnesses will be folloRed R
the objector's m itnesses.
The objector may be represented by counsel.
) �/
PUBLICATION NO. 4904
PAGE
0
4. Minnesota rules of evidence will not be strictly applied; however, they
may be considered and argued to the Council as
to the weight of items of evidence or testimony presented to the Council.
5. The entire proceedings will be tape recorded.
6. At the close of presentation of evidence, the objector may make a fi:;al
presentation to the Council based on the evidence and the law. No new
evidence may be presented at this point.
An owner may appeal an assessment to District Court pursuant to Minnesota Statutes
Section 429.081 by serving notice of the appeal upon the Mayor or City_ Administrator
within 30 days after the adoption of the assessment and filing such notice with the
District Court within ten days after service upon the Mayor or City Administrator.
Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion,
defer the payment of this special assessment for any homestead property owned by a
person 65 years of age or older for whom it would be a hardship to make the payments.
When deferment of the special assessment has been granted and is terminated for anv
reason provided in that law, all amounts accumulated, plus applicable interest, become •
due. Any assessed property owner meeting the requirements of the law- and the
resolution adopted under it, may within 30 days of the confirmation of the assessment,
apply to the City Clerk, for the prescribed form for such deferral of payment of this
special assessment on his property.
-,,:4 1
Gary D. Plotz, City Adiba6ustrator
City of Hutchinson, Minnesota
PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, APRIL 4TH, 1996
AND THURSDAY, APRIL 11TH, 1996.
0
FOR YOUR. INFORMATION
CITY OF HUTCHINSON / 1995 PUBLIC HEARINGS
9
SOUTH GRADE ROAD IMPROVEMENTS
TH 151Main Street to Dale Street (Letting No. 13 /Project No. 95 -22)
•
I EROX ENIENTS INCLUDE
♦ «atermain and Storm Sewer Replacement
♦ Street Widening, Turn Lane Additions, Island Relocation, Signal Work between TH
15 and Merrill Street (Mall Entrance, Lynn Road Access)
♦ Street Reconstruction (Merrill Street to Dale Street). between existing curb
CONSIDERATIONS
♦ City consultant reviewing Lynn Road/S. Grade Road intersection
♦ City reviewing removing remaining parking areas to allow for center turn lanes at
Recreation Center, Civic Arena, Church, Mall and at Dale Street
♦ Project includes Federal funding (80% of eligible expenses)
♦ The estimated project cost is $760,000 (including expenses)
♦ City/Federal share estimated at $640,000
Estimated Assessments
ITEM RANGE AVERAGE
ENTRANCE IMPROVEMENTS TO MALL $40-60,000 $50,000
STREET IMPROVEMENTS
Residential $28 - 40 /FF $ 34
Commercial $32 - 44 /FF $ 38
WATER SERVICE $700 -900 /each $ 800
►
Unit prices noted are estimated only and are not guaranteed. actual assessments
• %g ill be based on bids received.
► City pays for street ov ersizing for residential properties, side% ards, intersections and
previously paid areas.
4-0(3)
PUBLIC HEARING NOTES 9
♦ WILL COMPLETE DESIGN OF PROJECT AND GO OUT FOR
BIDS IF APPROVED AT PUBLIC HEARING (completed!)
♦ ASSESSMENT HEARING TO BE HELD AFTER BIDS, PRIOR
TO AWARD OF CONTRACT
♦ ACTUAL FINAL ASSESSMENT COSTS TO BE CALCULATED
FOR ASSESSMENT HEARING, BASED ON THE ACTUAL
PROJECT COSTS.
♦ INTEREST RATE WILL BE DETERMINED BY RATE THAT
CITY RECEIVES FOR THE PROJECT BONDS.
♦ PAYMENT OPTIONS:
Full payment without interest by October 1 st
Full payment with interest (from October 1st) by November 15th
After November 15th, the assessments are certified to tax rolls
Assessment on Tax Roll, 10 years with interest, Equal Principal
Deferment available for property owners, meeting income guidelines,
who are either over 65 years old or disabled. 0
0
C
M E M O R A N D U M
FOR YOUR INFORMATION
April 3. 1996
TO: Property Owners Adjacent to South Grade Road
FROM: John P. Rodebere. Director of En2ineerino'Public Works
RE: South Grade Road Improvemeut Project (TH 15/-Main Street to Dale Street )
Letting No. 5: Project No. 96 -07
Attached you will find the legal notice for the Assessment Hearing to be held on Tuesday, April 23,
1996 at 6:00 p.m. at Hutchinson City Center. Also attached are copies of the Project Assessment
Summary sheet, and last year's Public Hearing information. The following briefly outlines several
issues that would be expected to arise. Please contact Cal Rice, Assistant City Engineer, at 234 -4212
if you have any specific questions:
• PROJECT CONSTRUCTION
The bid is proposed to be awarded to Wm. Mueller and Sons of Hamburg. Our previous experience
with this Contractor has been exceptional. We expect construction to begin in mid to late May,
depending on federal paperwork and Contractor schedules. The Contract generally includes the
following:
Traffic Control and Signalization Work
Turn lanes, medians and signal work will extend from TH 15 to Merrill Street
Storm Sewer Replacement
Undersized storm sewer from Dale Street to Sunset Street will be replaced.
Watermain
Watermain from Steven Street to Merrill Street will be replaced due to corrosion and
potential future maintenance problems.
Street Replacement
All bituminous (black top surfacing) and gravel, and approximately 2 feet of poor soil
undemeath, will be removed and replaced. Curb and gutter will only be replaced where
removal is necessary for utility construction, and in the area of the Traffic Control and
Signalization Work noted.
This work is expected to take approximately 3 months. The actual completion time depends on the
weather. Contractor scheduling and unexpected site conditions.Durine this period. you can expect
the access \ our property to be difficult. B% staging the work and prodding temporan access
gravel %%L..re possible. %%e hope to minimize the disturbance. There %%ill be periods %%hen
• construction is occurrinu in front of \our properi %. and direct access may not be possible
C_ . C,
L'l
Hr; )saa: S:r,_-
Hur(itinson.11.A __ ____
(612)JS -il ;l
Far (6/2) 234 -424r r
Pwk� d Re r,
9rH) / Sneet Stt
H:rr ,hinw il. 111' 7 097
t6 /'1 587 -
Far (612) 234 -4240
-Printed nn receded raper -
44P)
P,. "er
:)peel S11
H1Il C!I1i U';. l(`• = j iiil -'45.
(61' -
Fax (612) 587.6427
We will be holding weekk meetings with the Contractor. We will also coordinate times to meet •
with residents in order to address questions and concerns. You may also contact Cal Rice or m%self
anytime.
ASSESSMENTS
As noted in the Assessment Hearing Information, the residential assessment rate was determined
based on actual assessment costs from last %ear, with an adjustment for construction costs. Because
this is a Truck Route. the street is wider, and the surface thicker than a standard residential street.
Therefore. using a standard residential rate «as determined to be the fairest option.
CommerciaUindustrial rates were determined to be unnecessary. Please note that the proposed rate
is less than the proposed median rate noted at the Public Hearing.
The front footage calculation was based on the footage (length) of the lot adjacent to South Grade
Road, according to our records. There were several irregular shaped lots near Dale Street in which
the width was adjusted to reflect an appropriate footage.
According to City policy, unless a Subdivision Agreement is in effect, comer lots previously
assessed will not be assessed again, unless they have over 150 feet of frontage. Based on the
Subdivision Agreement and previous assessment practices in Plaza Heights, the adjacent properties
were assessed for a 90' lot. Properties not fronting on South Grade Road have paid substantially
higher assessments in the past. The proposed assessment approximately reflects the difference in
this amount.
Hutchinson Mall is assessed based on the original Subdivision Agreement, and the Subdivision •
Agreement for Hutchinson Mall Plat 2. According to the Subdivision Agreements, the total
assessment for Traffic Control and Signalization can not exceed $40,000. The total cost for this
work (from Merrill Street to TH I5) was in excess of $180,000. In addition, an assessment for street
reconstruction from Merrill Street to the west property line of the plat is proposed to be assessed at
the standard residential rate. All assessments within the Hutchinson Mall and Hutchinson Mall Plat
2 have been spread amongst those specific properties as noted in the Subdivision Agreement.
The assessment Interest Rate will be based on the rate of the bond sold by the City. It is expected
that this rate will be between 5.5% and 7.0 %. See also the assessment rate information on the
attached handout.
GE NERAL
We understand that going through an improvement project, and being assessed for its costs, can be
a difficult experience. We will make every reasonable effort to reduce apprehension and
inconvenience. Please note that the condition of the road is such that general maintenance is no
longer possible. Without the federal grant, this project would be unfeasible without substantialh
higher assessments or other funding options.
Please contact Cal Rice at 234 -1212 if ou ha%e am question: •
prior to the Assessment Hearing. Thank you for %our consideration.
• RESOLUTION NO. 10656
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO. 5
PROJECT NO. 96-07
Whereas, pursuant to an advertisement for bids for the improvement of South Grade Road from
TH 15 South to Dale Street by construction of sanitary sewer and services, watermain and services, storm
sewer, grading, gravel base, concrete curb and gutter, bituminous base, surfacing, traffic signalization and
appurtenances, and bids were received, opened and tabulated according to law, and the following bids were
received complying with the advertisement:
Wm. Mueller & Sons, Inc. of Hamburg, MN $582,149.43
Duininck Bros., Inc. of Prinsburg, MN $585,930.27
Bauerly Bros. Corp of Sauk Rapids, MN $663,026.46
and whereas, it appears that Wm. Mueller & Sons, Inc. of Hamburg, MN is the lowest responsible bidder.
Now therefore, be it resolved by the City Council of the City of Hutchinson, Minnesota:
1. The mayor and city administrator are hereby authorized and directed to enter into the attached
• contract with Wm. Mueller & Sons, Inc. of Hamburg, MN, in the name of the City of Hutchinson, for the
improvement contained herein, according to the plans and specifications therefor approved by the City
Council and on file in the office of the Director of Engineering.
2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders
the deposits trade with their bids, except that the deposits of the successful bidder and the next lowest bidder
shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained
until satisfactory completion of the contract.
Adopted by the Hutchinson City Council this 9th day of April, 1996.
Mayor
City Administrator
u
• RESOLUTION NO. 10657
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"
sign shall be erected at the following location:
is On the south side of Century Avenue SE, 100 feet in length, 25 feet east and 75 feet
west of the centerline of the Medical Center parking lot entrance.
Adopted this 9th day of April, 1996 by the City Council of Hutchinson, Minnesota.
Mayor - Marlin Torgerson
City Administrator - Gary D. Plotz
0
H: CRESOLUTSRAFCOI i R-ES
HUTCHINSON GARDEN CLUB
HUTCHINSON, MN 55350
Nahz Ga 7AAi.ue. in ' 95' and Hetp Kux BLLte 4tie., Ativo
April 4, 1996
Hutchinson City Council
City Center
Hutchinson, Mn. 55350
TO: CITY COUNCIL MEMBERS
The Hutchinson Garden Club would like to obtain a "USE PERMIT"
for a portion of Library Square along the sidewalk on the south
side of the Park on Saturday, May 18th, during the hours of
9 AM to 3 PM. The McLeod County Horticultural Society will also
be participating in this plant sale for their own special
projects.
The purpose of this Permit is to have a plant sale to raise funds
for Club projects. Members of the Club will have many types of
home raised perennials, bulbs and bedding plants available for
sale. There will be some gardening supplies also available.
•
The funds from this sale are used to purchase bedding plants
for the flower bed at the intersection of Roberts Road and Dale
Street, to purchase seeds to distribute to children at the
Bluebird project and at the CityCompost Class. We also are
maintaining and upgrading a large flower bed at the Averyon Home
on Dale Street. This year we will be purchasing two park benches
for the site.
The Library Square site is centrally located in the City and
easy to find and the Club members think this would be a perfect
site for our annual plant sale.
our project or need further
at this address
Roberta Tabberson
12154 Tagus Ave
Hutchinson 587 -9101
Si cerely,
Roberta Tabberson
Treasurer Hutchinson Garden Club
•
If you have any questions about
information, please contact me
—4�!.
• SUBORDINATION AGREEMENT
(Deferred Loan Mortgage)
THIS AGREEMENT is made as of this day of April,
HUTCHINSON, a Min
AGRICULTURAL AND
Minnesota (Mortgagee).
iesota municipal corporation (the City) in
ECONOMIC DEVELOPMENT BOARD, an
Preliminary Statement of Facts
1996, by the CITY OF
favor of MINNESOTA
authority of the State of
JME, Inc., a Minnesota corporation (the Corporation) is the owner of certain real property
located in McLeod County, Minnesota, legally described on Exhibit A attached hereto and
incorporated herein by reference (the Property).
The Property is subject to the Deferred Loan Repayment Agreement and Mortgage dated
April _, 1996 (the City Mortgage) between the Corporation and the City and given to secure
obligations of the Corporation contained therein. The Mortgage was recorded in the office of the
McLeod Registrar of Titles on , 1996 as Document No.
• Mortgagee has loaned to the Corporation $5,195,000 (the Loan) pursuant to the Loan
Agreement (the Loan Agreement) between the Corporation and Mortgagee dated as of April 1, 1996.
To secure the performance of the Corporation of its obligations under the Loan Agreement, the
Corporation has granted to Mortgagee a Combination Mortgage, Security Agreement and Fixture
Financing Statement (the Mortgage) dated as of April 1, 1996, which Mortgage was recorded in the
office of the McLeod Registrar of Tides on , 1996 as Document No.
Mortgagee requires as a condition to making the Loan that the City subordinate the lien of
the City Mortgage to the Gen of the Mortgage.
NOW, THEREFORE, in consideration of the foregoing and in consideration of One Dollar
($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the City, the City hereby agrees as follows:
I . Subordination of City Mortaace City hereby agrees that the City Mortgage and the
Gen thereof and all rights and remedies of the City thereunder are hereby subjected and subordinated
and shall remain in all respects and for all purposes subject and subordinate to the Gen of the
Mortgage and all amendments, modifications, renewals and extensions thereof and subject to and
subordinate in all respects to the lien, rights and interests of Mortgagee and its successors and assigns
thereunder, as fully and with the same effect as if the Mortgage had been duly executed,
acknowledged and recorded and the indebtedness secured by the Mortgage fully disbursed prior to
the execution of the City Mortgage.
•
E901:977091 1•vn v6
2. Benefited Parties This Agreement shall run for the benefit of Mortgagee and its •
successors and assigns under the Mortgage.
IN WITNESS WHEREOF, the City has executed this Agreement as of the date first shown
above.
CITY OF HUTCHINSON, MINNESOTA
By
Its Mayor
Its City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF McI EOD )
The foregoing instrument was acknowledged before me this day of •
1996 by the Mayor and the City Administrator of the City of Hutchinson, Minnesota, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LINDQUIST & VENNUM (MSM)
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 371 -3211
2
Legal Description or the Property
n
U
Lot 4, Block l in the Second Addition to Hutchinson Industrial District according to the plat
thereof Sled with the Registrar of Titles of McLeod County, Minnesota.
40
CITY OF HUTCHINSON INDUSTRIAL DEVELOPMENT LOAN PROGRAK
DEFERRED LOAN REPAYMENT AGREEMENT AND MORTGAGE
THIS AGREEMENT, made and entered into this _ day of March,
1996 by and between the City of Hutchinson ( "Lender ") and JME, INC.
a Minnesota corporation ( "Borrower ") ; and, where applicable,
Contract for Deed Vendors, remainderman, or separated spouses or
others not in possession joining in this agreement if any.
WHEREAS, Borrower has purchased a parcel of land consisting of
9.171 acres located in McLeod County, Minnesota which property is
legally described on Exhibit "A" hereto and which property is
hereafter referred to as "the Land;"
WHEREAS, Borrower has made or will make certain improvements
on the Land, that have increased the value of the Land such that
•
the taxes assessed
to the Land
are
equal
to
or greater than one
tenth (1 /10) of the
loan amount
set
forth
in
this Agreement;
WHSREAs, Lender has loaned Thirty six thousand Six Hundred
Eight four and no /100 Dollars ($34,684.00), to Borrower at the.rate
of 9% per annum, and receipt of the same is hereby acknowledged by
Borrower, for the purpose of encouraging industrial development in
the area commonly known as the Hutchinson Industrial Park and;
WHEREAS, Borrower and Lender desire to set forth herein the
provisions for Borrower's repayment or forgiveness of the loan, and
to provide for securing said repayment with a mortgage on the Land
(hereinafter referred to as "The Mortgage ");
NOW, THEREFORE, in consideration of said loan and in
accordance with Minnesota law, the parties do hereby agree as
• follows:
1
1. Borrower covenants and agrees with Lender to pay to the •
order of Lender the outstanding principal amount of the loan, with
interest as hereinafter provided, at the office of the Lender in
Hutchinson, Minnesota, or at such other place as the Lender may
designate in writing, upon the occurrence of any of the following
events collectively ( "Repayment Events ") within a period of ten
years after the date of the loan as set forth above:
a. If any portion of the Land is sold is sold,
transferred or otherwise conveyed to a person other
than a governmental unit, whether by deed, contract
for deed or otherwise and whether said transfer or
sale is voluntary or involuntary but excluding (a)
any mortgage or other pledge, transfer or
conveyance solely for the purpose of security for •
repayment of borrowed money and (2) any conveyance
to an affiliated entity, including Impressions
Incorporated).
b. The filing of a voluntary or involuntary bankruptcy
petition by the Borrower.
Repayment of the loan as required above shall be made to
Lender no later than the 30th day after the occurrence of any
Repayment Event, which day is hereby designated for purposes of
this Agreement as the maturity date of the loan. This maturity
date shall occur regardless of whether notice required by this
Agreement is given or received on or before said maturity date.
Absent the occurrence of any Repayment Event, within ten years
after the date of the loan as set forth above, upon the •
commencement of the 11th year after said date of the loan,
t3
• Borrower, at that time and at any time thereafter, shall have no
obligation to repay the loan or any part thereof to the Lender and
this Agreement shall terminate and neither party shall have any
further obligation hereunder.
2. It is understood and agreed between the parties that 10%
of the principal amount of the loan shall be forgiven and become a
grant to the Borrower for each year no Repayment Event occurs
within the ten year period following the date of this Agreement.
This ten year period is hereafter referred to as the "Forgiveness
Period."
3. Should any Repayment Event occur within the Forgiveness
Period, then payment of the remaining balance of the deferred loan
shall be made as follows:
• a. If all of the Land and improvements thereon is sold
as described in paragraph 1 (a) hereof, then the
Borrower shall pay to the Lender the remaining,
unforgiven principal amount of the loan together
with interest on the outstanding principal amount
at 9% per year from the date of such sale to the
date of payment in full.
b. If any part but less than all of the Land or
improvements thereon is sold as described in
paragraph 1 (a) hereof, then the Borrower shall pay
to the Lender that portion of the remaining
unforgiven principal amount of the loan that bears
• the same ratio to the unforgiven principal amount
that the part sold bears to the total Land together
with interest on that outstanding principal amount
3
at 9% per year from the date of sale to the date of •
payment in full.
4. As security for the Borrower's covenant and obligation
for repayment as herein provided, and subject to the terms and
conditions of this Agreement, Borrower hereby grants, and the
Lender shall and hereby does have, a mortgage lien on the Land,
together with all hereditament and appurtenances thereto, in the
full amount necessary to satisfy such repayment obligation and the
cost, including reasonable attorney's fees of collecting the same.
5. Immediately upon any sale, transfer or other conveyance
of the Land within the Forgiveness Period, Borrower or his /her
heirs, executors, or representatives, hereby covenant and agree to
give Lender notice thereof.
6. In the event Borrower or Borrower's successors or assigns •
shall fail or refuse to make a required payment within the
Forgiveness Period, or otherwise in any way be in default under the
terms and conditions of this Agreement, the Borrower confers upon
the Lender the option of declaring all sums then owing by the
Borrower immediately due and payable without notice, and hereby
authorizes and empowers the Lender to foreclose this Mortgage by
judicial proceedings or to sell the Land at public auction and
convey the same to any purchaser in fee simple in accordance with
the mortgage foreclosure statute appearing at Minn. Stat. Chapter
581, and out of the moneys arising from such sale to retain all
sums secured hereby, together with interest and all legal costs and
charges of such foreclosure and the maximum attorney's fees
permitted by Law, which costs, charges and fees the Borrower herein .
agrees to pay.
9
• The Borrower and Lender further covenant and agree as
follows:
a. Borrower shall be furnished a conformed copy of
this Agreement at the time of execution or after
recordation.
b. Upon default of any covenant or agreement by
Borrower under the terms of this Agreement, Lender
prior to foreclosure shall mail notice to Borrower
and any other lienholder of record specifying (i)
the nature of the default by the Borrower, (ii) the
action required to cure such default, (iii) a date,
if such default is capable of being cured by
Borrower, not less than thirty (30) days from the
• date the notice is mailed to Borrower by which such
default, if capable of being cured, must be cured;
and (iv) that failure to cure such default on or
before the date specified in the notice may result
in acceleration of the sum secured by this Mortgage
and sale of the Land. The notice shall further
inform Borrower of the right, if any, to reinstate
after acceleration and the right to bring a court
action to assert the nonexistence of a default or
any other defense of the Borrower to acceleration
and sale.
C. In addition to any notice required under applicable
• law to be given in another manner, (i) any notice
to the Borrower provided for in this Agreement
shall be given by mailing such notice by certified
P
mail addressed to the Borrower at the address of
the Land, or at such other address as the Borrower
may designate in writing to the Lender as provided
herein, (ii) any notice to a lienholder of record
shall be given to the notice address specified in
the instrument of record, or such other address as
provided to Lender by such lienholder and (iii) any
notice to the Lender shall be given by certified
mail, return receipt requested, to Lender at the
following address: City of Hutchinson, Attention:
Finance Director, Hutchinson City Center, 111
Hassan Street S.E., Hutchinson, Minnesota 55350, or
to such other address as Lender may designate by
notice in writing to the Borrower as provided
•
herein. Any notice provided for in this Agreement
shall be deemed to have been given to Borrower or
Lender when given in the manner designated herein.
7. The mortgage lien created by this Agreement shall
terminate and shall be of no further force or effect in the event
Borrower is not in default of any of the covenants or agreements
contained herein, and Lender has not, on or before the expiration
of the Forgiveness Period (a) commenced an action in the manner
provided by statute for the foreclosure of the Mortgage and (b)
filed for record a notice of said action, or a power of attorney to
foreclose mortgage, or a Ija pendens referring to the same, in the
office of the County Recorder or Registrar of Titles, as the case
may be, in the County where said real estate is situated. Lender is
may, in its sole discretion, agree to extend said termination date
M
• of said lien by filing for record, on or before said termination
date, an agreement in writing with Borrower evidencing such
extension.
8. This Agreement shall run with the Land and shall inure to
the benefit of and be binding upon the parties hereto and their
respective heirs, executors, representatives, successors and
assigns. Wherever used, the singular number shall include the
plural, and the plural the singular. All covenants and agreements
of the Borrower shall be joint and several.
9. In the event that any provision or clause of this
agreement shall conflict with applicable law, such conflict shall
not affect the other provisions of this Agreement which can be
given effect without the conflicting provision, and to this end the
• provisions of the Agreement are declared to be severable.
IN TESTIMONY WHEREOF the parties hereto have executed this
agreement.
CITY OF HUTCHINSON
By:
Marlin Torgerson, Mayor
Attest:
Gary Plotz, City Administrator
JME, INC.
By:
Its•
STATE OF MINNESOTA )
) SS
• COUNTY OF MCLEOD )
On this day of March, 1996 before me, a notary public
within and for said county, personally appeared Marlin Torgerson
and Gary Plotz, Mayor and City Administrator for the City of
Hutchinson respectively, to me known to be the persons described
7
in, and who executed, the foregoing instrument and acknowledged •
that they executed the same on behalf of the City of Hutchinson as
its free act and deed.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF MCLEOD )
On this day of March, 1996 before me, a notary public
within and for said county, personally appeared
, the
JME, Inc., to me known to be the persons described in, and who
executed, the foregoing instrument and acknowledged that they
executed the same on behalf of JME, Inc..
Notary Public
Tax statements for the real property described in this instrument
should be sent to:
This instrument was drafted by: •
G. Barry Anderson
Arnold & McDowell
101 Park Place
Hutchinson, Mn. 55350
E
• SUBORDINATION AGREEMENT
(Development Agreement /Declaration)
THIS AGREEMENT is made as of this day of April, 1996, by the CITY OF
HUTCM NSON, MINNESOTA, a municipal corporation of the State of Minnesota (the City) in
favor of MINNESOTA AGRICULTURAL AND ECONOMIC DEVELOPMENT BOARD, an
authority of the State of Minnesota and its successors and assigns (Mortgagee).
Preliminary Statement of Facts
JME, Inc., a Minnesota corporation (the Corporation) is the owner of certain real property
located in McLeod County, Minnesota legally described on Exhibit A attached hereto and
incorporated herein by reference (the Property).
The Property is subject to the Development Agreement (the Development Agreement) dated
April , 1996 between the City and the Corporation, which Development Agreement was filed in
the office of the McLeod Registrar of Titles on , 1996, as Document No.
The Property is also subject to the Declaration of Restrictive Covenants (the Declaration)
. dated April , 1996 running in favor of the City, which Declaration was recorded in the office of
the McLeod Registrar of Titles on , 1996, as Document No.
Mortgagee has loaned to the Corporation $5,195,000 (the Loan) pursuant to the terms and
conditions of the Loan Agreement (the Loan Agreement) between the Corporation and Mortgagee
dated as of April 1, 1996. To secure the performance of the Corporation of its obligations under the
Loan Agreement, the Corporation has granted to Mortgagee, a Combination Mortgage, Security
Agreement and Fixture F inancin g Statement (the Mortgage) dated as of April 1, 1996, which
Mortgage was filed for record in the office of the McLeod Registrar of Titles on
1996 as Document No.
Mortgagee requires as a condition to making the Loan that the City subordinate its liens and
rights under the Development Agreement and the Declaration to the Gen of the Mortgage.
NOW, THEREFORE, in consideration of the foregoing and in consideration of One Dollar
($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the City, the City hereby agrees as follows:
1. Subordination of Development Agreement The City hereby agrees that the
Development Agreement and all rights and remedies of the City thereunder are hereby subjected and
subordinated and shall remain in all respects and for all purposes subject and subordinate to the lien
of the Mortgage and all amendments, modifications, renewals and extensions thereof and subject to
. and subordinate in all respects to the rights and interests of the Mortgagee and its successors and
Eao 1:877099 l "IrV%
assigns as By and with the same effect as if the Mortgage had been duly executed, acknowledged •
and filed for record and the indebtedness secured by the Mortgage fully disbursed prior to the
execution of the Development Agreement.
2. Subordination of Declaration City agrees that the Declaration and all rights and
remedies of the City thereUnder are hereby subjected and subordinated and shall remain in all respects
and for all purposes subject and subordinate to the lien of the Mortgage and all amendments,
modifications, renewals and extensions thereof and subject to and subordinate in all respects to the
rights and interests of Mortgagee and its successors and assigns thereunder, as fully and with the same
effect as if the Mortgage had been duly executed, acknowledged and recorded and the indebtedness
secured by the Mortgage fiilly disbursed prior to the execution of the Declaration.
3. Agreements Not Binding on Mortg"Ieg In addition to the other rights granted to
Mortgagee hereunder, if Mortgagee acquires title to the Property by means of foreclosure, deed in
lieu of foreclosure, or by any other means or manner, then, effective as of the date Mortgagee
acquires title to the Property, the Development Agreement and the Declaration shall cease to
encumber the Property or any portion thereof and thereafter Mortgagee may own, convey and sell
all or any part of its interest in the Property free and clear of the Development Agreement and the
Declaration.
4. Benefit of Parties This Agreement shall run for the benefit of Mortgagee and its
successors and assigns under the Mortgage.
IN WITNESS WHEREOF, the City has executed this Agreement as of the date first shown •
above.
CITY OF HUTCHINSON, MINNESOTA
Its Mayor
Its City Administrator
• STATE OF MINNESOTA )
) ss.
COUNTY OF McLEOD )
The following instrument was acknowledged before me this _ day of
1996, by the Mayor and the City Administrator of the City of Hutchinson Mimesota, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LIIdDQUIST & VENNUM (MSM)
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 371 -3211
rI L
I]
EXHIBIT A •
Legal Description of the Property
Lot 4, Block 1 in the Second Addition to Hutchinson Industrial District according to the plat
thereof filed with the Registrar of Titles of McLeod County, Minnesota.
4 •
0
DEVELOPMENT AGREEMENT
DEVELOPMENT DISTRICT NO. 4
UME, INC.)
P
CITY OF HUTCHINSON, MINNESOTA
ralal 7
JME, INC.
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TABLE OF CONTENTS
Section 1.1 Definitions ................. ...............................
Section 2.1 By City .......... .. .............
.
Section 2.2 By Developer ............... ...............................
Section 3.1 Use ........................ ...............................
Section 3.2 Declaration of Restrictions ..................................
Section 4.1 Construction Plans .......... ...............................
Section 4.2 Construction of Minimum Improvements ...................
Section 4.3 Certificate of Completion ...................................
Section 4.4 Construction of Public Improvements and Assessment
of Cost Thereof ............. ...............................
Section 5.1 Defense of Claims ........... ...............................
Section 5.2 Insurance .................. ...............................
Section 6.1 Reimbursement to Developer of Certain Costs ................
Section 7.1 Transfer of Property and Assignment ........................
Section 7.2 Termination of Limitations on Transfer ......................
Section 8.1 Events of Default ............ ...............................
Section 8.2 Remedies on Default ........ ...............................
Section 8.3 No Remedy Exclusive ......................................
Section 8.4 Waivers .................... ...............................
Section 9.1 Conflict of Interests; City Representatives
• Not Individually Liable ...... ...............................
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Section 9.2 Equal Employment Opportunity ............................. •
Section 9.3 Restrictions on Use .........................................
Section 9.4 Titles of Articles and Sections ...............................
Section 9.5 Notices and Demands ....... ...............................
Section 9.6 Term of Agreement ......... ...............................
Section 9.7 Counterparts ..............................................
Schedule A Development Property
Schedule B Project Description
Schedule C Description of Public Improvements
Exhibit A Certificate of Completion
Exhibit B Declaration of Restrictive Covenants
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0 DEVELOPMENT AGREEMENT
This Agreement is made as of ' 1996, by and between
the CITY OF HUTCHINSON, MINNESOTA, a municipal corporation of the State of
Minnesota (the "City "), and JME, INC., a Minnesota corporation ( "Developer ").
WITNESSETH:
WHEREAS, the City has designated a development district in the City
denominated Development District No. 4 (the "Development District ") and has
approved a development program for the Development District (the "Development
Program ") pursuant to and in accordance with Minnesota Statutes, Sections 469.124
to 469.134 (the "Act ");
WHEREAS, the City has established a tax increment financing district
designated as Tax Increment Financing District No. 4 (the "District ") within the
Development District and authorized the financing of the Development Program
pursuant to a Tax Increment Financing Plan For Tax Increment Financing District
No. 4 (the "Financing Plan") pursuant to and in accordance with Minnesota
• Statutes, Sections 469.174 through 469.179 (the "Tax Increment Financing Act ");
WHEREAS, the City Council of the City (the "City Council ") has
authorized and directed the officers of the City to take all actions necessary to
implement and carry out the Development Program, subject only to such approval
by the City Council as may be required by the Act;
WHEREAS, the City has determined that it is necessary, in order to
accomplish the purposes specified in and to carry out the Development Program, for
the City to reimburse the Developer for certain costs to be paid by the Developer
with respect to improvements to be constructed on the property located in McLeod
County, Minnesota described in Exhibit A hereto (the "Development Property");
WHEREAS, the City is desirous of contracting with the Developer to
improve the Development Property in accordance with the Development Program,
as specified in this Agreement; and the Developer is desirous of contracting with the
City for this purpose.
NOW, THEREFORE, in consideration of the foregoing premises and
the mutual obligations set forth in this Agreement, the parties hereto hereby agree
as follows:
L
ARTICLE 1
Definitions
Section 1.1. Definitions In this Agreement, unless a different
meaning clearly appears from the context:
"Act" means Minnesota Statutes, Sections 469.124 through 469.134.
"Agreement" means this Agreement, as the same may be from time to time
modified, amended or supplemented.
"Available Tax Increment" means 90% of the Tax Increment received by the City.
"Certificate of Completion" means a certification in the form attached as Exhibit A,
to be provided to Developer pursuant to this Agreement.
"City" means the City of Hutchinson, Minnesota, a Minnesota municipal
corporation.
"City Council" means the City Council of the City.
"Construction Plans" means the plans, specifications, drawings and related •
documents for the construction work to be performed by the Developer on the
Development Property as a part of the Project, which (a) shall be at least as detailed
as the plans, specifications, drawings and related documents which are submitted to
the building inspector of the City and (b) shall include at least the following: (1) site
plan; (2) foundation plan; (3) basement plans (if any); (4) floor plan for each floor; (5)
elevations on all sides; (6) landscape plan, (7) grading plan; and (8) utility plan.
"Development Area" means the area included in the Development District.
"Development District" means Development District No. 4 designated by the City
under the Act.
"Developer" means JME, Inc., a Minnesota corporation.
"Development Program" means the Development Program for the Development
District.
"Development Property" means the portion of the Development Area described on
Schedule A attached hereto.
"Event of Default" means as set forth in Section 9.01 hereof.
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• "Improvements" means the buildings or other improvements located on the
Development Property.
"Mortgage" means any mortgage made by Developer which covers, in whole or in
part, the Development Property.
"Mortgagee" means the owner or holder of a Mortgage.
"Net Proceeds" means any proceeds paid by an insurer to Developer and the City
under a policy or policies of insurance required under Article 5 and remaining after
deducting all expenses (including fees and disbursements of counsel) incurred in the
collection of the proceeds.
"Project" means the acquisition by the Developer of the Development Property and
the construction of a concrete building containing a minimum of at least 35,000
square feet, and the construction of site improvements and other improvements of
a public nature, all as further described in Schedule B attached to this Agreement.
"Plans" means Developer's plans dated February 29, 1996 for the Project prepared by
Pope and Associates Incorporated as submitted to the City, with any subsequent
amendments approved by the City.
• "Public Improvements" means the public improvements to be undertaken by the
City pursuant to Minnesota Statutes, Chapter 429 with respect to the Project, the cost
of which is to be specially assessed against the Development Property, all as further
described in Schedule C to this Agreement.
"Restrictions" means the Declaration of Restrictive Covenants set forth in Exhibit B.
"Section" means a Section of this Agreement, unless used in reference to Minnesota
Statutes.
"State" means the State of Minnesota.
"Tax Increment" means tax increment received by the City from the Tax Increment
District which is attributable only to the ad valorem real estate taxes paid with
respect to the Development Property following the issuance of the Certificate of
Completion.
"Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179.
"Tax Increment District" means Tax Increment Financing District No. 4 created by
• the City pursuant to the Tax Increment Financing Plan.
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"Tax Increment Financing Plan" means Tax Increment Financing Plan for •
Redevelopment Tax Increment Financing District No. 4, as amended.
"Unavoidable Delay" means a failure or delay in a party's performance of its
obligations under this Agreement, or during any cure period specified in this
Agreement which does not entail the mere payment of money, not within the
party's reasonable control, including but not limited to acts of God, governmental
agencies, the other party, strikes, labor disputes (except disputes which could be
resolved by using union labor), fire or other casualty, or lack of materials; provided
that within 10 days after a party impaired by the delay has knowledge of the delay it
shall give the other party notice of the delay and the estimated length of the delay,
and shall give the other party notice of the actual length of the delay within 10 days
after the cause of the delay has ceased to exist. The parties shall pursue with
reasonable diligence the avoidance and removal of any such delay. Unavoidable
Delav shall not extend performance of any obligation unless the notices required in
this definition are given as herein required.
Represent2tions and Warranties
Section 2.1. By Citv City makes the following representations to is
Developer:
(a) City is a Minnesota municipal corporation. Under the provisions
of the Act, City has the power to enter into this Agreement and carry out its
obligations hereunder.
(b) The Development Project is located within the Development
District and the Development Program for the Development District was adopted
and approved in accordance with the terms of the Act.
(c) The Tax Increment District is a "tax increment district" within the
meaning of the Tax Increment Act and was created, adopted and approved in
accordance with the terms of the Tax Increment Act.
Section 2.2. By Developer Developer represents and warrants that:
(a) Developer is a Minnesota corporation duly organized and existing
under the laws of Minnesota and is in good standing under the laws of the State.
The Developer has full corporate power and authority to execute and deliver this
Agreement and this Agreement has been duly authorized, executed and delivered
by the Corporation.
me
• (b) Developer will, subject to Unavoidable Delays, complete the Project
in accordance with the terms of this Agreement, and all local, state and federal laws
and regulations.
(c) Developer has received no notice or communication from any
local, state or federal official that the activities of Developer or the City with respect
to the Development Property may be or will be in violation of any environmental
law or regulation. Developer is aware of no facts the existence of which would cause
it to be in violation of any local, state or federal environmental law, regulation or
review procedure with respect to the Development Property.
(d) Neither the execution or delivery of this Agreement, the
consummation of the transactions contemplated hereby, nor the fulfillment of or
compliance with the terms and conditions of this Agreement is prevented by,
limited by, conflicts with, or results in a breach of, any restriction, agreement or
instrument to which Developer is now a party or by which it is bound.
(e) The Developer (i) is not in default in the payment of the principal
of or interest on any indebtedness for borrowed money; or (ii) is not in default
under any instrument or agreement under and subject to which any indebtedness
• for borrowed money has been issued.
(f) The Developer would not undertake the Project but for the tax
increment financing assistance being provided by the City hereunder.
(g) No member of the governing body of the City or any other officer of
the City has any direct or indirect financial interest in the Developer, the
Development Property or the Project.
ARTICLE 3
Use of Development Property: Restrictions
Section 3.1 JL�g. Developer's use of the Development Property shall be
subject to and in compliance with all of the conditions, covenants, restrictions and
limitations imposed by this Agreement, the Restrictions and all applicable laws,
ordinances and regulations.
Section 3.2 Declaration of Restrictions Developer shall prepare,
execute, and record on the title to the Development Property a Declaration of
Restrictive Covenants, substantially in the form set forth as Exhibit B, and shall
cause each existing Mortgagee to execute an appropriate instrument in form
• satisfactory to the City consenting to and agreeing to be bound by the Restrictions in
the event it becomes a record owner of all or a part of the Development Property.
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ARTICLE 4 •
Completion of Project and Construction of Public Improvements
Section 4.1 Construction Plans Developer shall submit Construction
Plans to the City prior to commencement of the construction of the Project. The
Construction Plans shall provide for construction of the portion of the Project
consisting of construction in conformity with the Plans, this Agreement, and all
applicable state and local laws and regulations. The City shall approve the
Construction Plans in writing if no Event of Default has occurred and, in the
reasonable discretion of the City, the Construction Plans: (a) substantially conform
to the Plans and subsequent amendments approved by the City; (b) conform to the
terms and conditions of this Agreement; (c) conform to all applicable federal, state
and local laws, ordinances, rules and regulations; (d) are adequate to provide for
construction of the portion of the Project consisting of construction; and (e) provide
for minimum disturbance to neighboring properties during construction.
No approval by the City shall relieve Developer of the obligation to
comply with the terms of this Agreement, applicable federal, state and local laws,
ordinances, rules and regulations, or to properly demolish the existing buildings or
construct the Improvements. No approval by the City shall constitute a waiver of
an Event of Default. Any disapproval of the Construction Plans shall set forth the
reasons therefor, and shall be made within 30 days after the date of their receipt by •
the City. If City rejects the Construction Plans, in whole or in part, Developer shall
submit new or corrected Construction Plans within 30 days after written notification
to Developer of the rejection. The provisions of this Section relating to approval,
rejection and resubmission of corrected Construction Plans shall continue to apply
until the Construction Plans have been approved by City.
(a) Subject to Unavoidable Delays, Developer will complete the Project
all in accordance with the Plans and the Construction Plans on or before October 31,
1997.
(b) All work with respect to the portion of the Project consisting of
construction shall be in substantial conformity with the Construction Plans
approved by the City. Developer shall promptly begin the Project and diligently
prosecute the Project to completion. Developer shall make reports, in such detail
and at such times as may reasonably be requested by the City, as to the actual
progress of Developer with respect to the Project.
(c) Developer shall not interfere with, or construct any improvements
over, any public street or utility easement without the prior written approval of the
City. All connections to public utility lines and facilities shall be subject to approval •
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• of the City and any private utility company involved. Except for public
improvements which are assessable by the City or other governmental body against
other benefitted properties, all street and utility installations, relocations, alterations
and restorations shall be at Developer's expense and without expense to the City.
Developer at its own expense shall replace any public facilities or utilities damaged
during the Project by the Developer or its contractors.
Section 4.3 Certificate of Completion
(a) Promptly after completion of the Project in accordance with this
Agreement, Developer will provide the City with a certificate of substantial
completion from Developer's architect and the City will furnish Developer with an
appropriate Certificate of Completion as conclusive evidence of satisfaction and
termination of the agreements and covenants of this Agreement with respect to the
obligations of Developer to complete the Project. The furnishing by the City of the
Certificate of Completion shall not constitute evidence of compliance with or
satisfaction of any obligation of Developer to any Mortgagee.
(b) If the City shall refuse or fail to provide the Certificate of
Completion, the City shall, within 15 days after the Developer provides the
architect's certificate referenced in Section 4.3(a), provide Developer with a written
• statement specifying in what respects Developer has failed to complete the Project in
accordance with this Agreement, or is otherwise in default, and what measures or
acts will be necessary, in the opinion of the City, for Developer to obtain the
Certificate of Completion.
4.4 Construction of Public Improvements and Assessment of Cost
Thereof By the execution and delivery of this Agreement the Developer hereby
petitions the City pursuant to Minnesota Statutes, Section 429.031, subdivision 3, to
construct the Public Improvements and to specially assess the entire cost thereof
against the Development Property pursuant to Minnesota Statutes, Section 429.061.
The City agrees that the interest rate on the deferred installments of the special
assessment for the Public Improvements will not exceed 6% per annum, and the
assessment, together with interest thereon, shall be payable in equal annual
installments extending over a 10 year period. The Developer hereby waives any
right to object to or appeal the amount or validity of the special assessments to be
levied by the City against the Development Property with respect to the Public
Improvements and waives any informality in any proceedings of the City with
respect to the ordering of the Public Improvements, the award of contracts for
construction of the Public Improvements and the assessment of the cost thereof.
•
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ARTICLE 5 •
Defense of Claims; lnsuranCe7 Undemnation
Section 5.1 Defense of Claims Developer shall indemnify and hold
harmless the City and their respective officers, employees and agents for any loss,
damages and expenses (including attorneys' fees) in connection with any claims or
proceedings arising from damages or injuries received or sustained by any person or
property by reason of any actions or omissions of Developer or its contractors,
agents, officers or employees or arising out of or relating to this Agreement or the
transactions contemplated by this Agreement, other than claims or proceedings
arising from any negligent or unlawful acts or omissions of the City or its
contractors, agents, officers or employees. Promptly after receipt by the City of notice
of the commencement of any action in respect of which indemnity may be sought
against the Developer under this Section 5.1, such person will notify the Developer
in writing of the commencement thereof, and, subject to the provisions hereinafter
stated, the Developer shall assume the defense of such action (including the
employment of counsel, who shall be counsel satisfactory to the City, and the
payment of expenses) insofar as such action shall relate to any alleged liability in
respect of which indemnity may be sought against the Developer. The City shall
have the right to employ separate counsel in any such action and to participate in
the defense thereof, but the fees and expenses of such counsel shall not be at the
expense of the Developer unless the employment of such counsel has been •
specifically authorized by the Developer. The Developer shall not be liable to
indemnify any person for any settlement of any such action effected without its
written consent. The omission to notify the Developer as herein provided will not
relieve it from any liability which it may have to any indemnified party pursuant
hereto, otherwise than under this section.
Section 5.2 Insurance
(a) The Developer shall keep and maintain the Development Property
and Improvements at all times insured against such risks and in such amounts,
with such deductible provisions, as are customary in connection with facilities of
the type and size comparable to the Improvements, and the Developer shall carry
and maintain, or cause to be carried and maintained, and pay or cause to be paid
timely the premiums for direct damage insurance covering all risks of loss,
including, but not limited to, the following:
(1) fire
(2) extended coverage perils
(3) vandalism and malicious mischief
(4) boiler explosion (but only if steam boilers are present)
(5) water damage
(6) debris removal
In
• (7) collapse
on a replacement cost basis in an amount equivalent to the full insurable value
thereof. ( "Full insurable value" shall include the actual replacement cost of the
Improvements (exclusive of foundations and footings) without deduction for
architectural, engineering, legal or administrative fees or for depreciation.)
Insurance in effect with respect to any portion of the Improvements to be renovated
or remodeled as a part of the Project prior to the issuance by the City of a
Completion Certificate under Section 4.3 hereof with respect thereto shall be
maintained on an "all- risk" builder's risk basis during the course of construction.
The policies required by this Section 5.2 shall be subject to a no coinsurance clause or
contain an agreed amount clause, and may contain a deductibility provision not
exceeding $25,000.
(b) Policies of insurance required by this Section 5.2 shall assure and be
payable to the Developer, and shall provide for release of insurance proceeds to the
Developer for restoration of loss. The City shall be furnished certificates showing
the existence of such insurance. In case of loss, the Developer is hereby authorized
to adjust the loss and execute proof thereof in the name of all parties in interest.
The Developer shall annually file with the City a schedule describing all such
policies in force, including the types of insurance, names of insurers, policy
• numbers, effective dates, terms of duration or any other information the City deems
pertinent. Such list shall be accompanied by a certificate executed by the Developer
stating that, to the best of the knowledge of the Developer, insurance on the
Improvements then in force complies with this Section 5.2.
ARTICLE 6
Reimbursement to Developer from Tax Increment
Section 6.1 Reimbursement to Developer of Certain Costs In order to
reimburse the Developer for infrastructure and land preparation costs paid by the
Developer with respect to the Project, the City agrees to pay to the Developer all
Available Tax Increment up to an aggregate maximum amount of $225,000. On each
February 1 and August 1 following the issuance of the Certificate of Completion the
City shall pay to the Developer all Available Tax Increment received to such date by
the City and not previously paid by the City to the Developer, until such time as the
aggregate amount of such payments equals $225,000; provided that if on such date
there exists any delinquencies in the payment of real estate taxes or special
assessments with respect to the Development Property, the City shall apply amounts
otherwise to be paid to the Developer hereunder to pay delinquent real estate taxes
and special assessments, and any amount remaining after such payment shall be
paid to the Developer. The Developer acknowledges (i) that the payments to be
is made by the City under this Section 6.1 (including any amount applied to pay
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delinquent real estate taxes and special assessments) are limited to an aggregate •
amount of $225,000 and shall be made solely from Available Tax Increment, (ii) that
Available Tax Increment is determined solely from tax increment received by the
City with respect to the Development Property, and that tax increment received by
the City with respect to other property in the Tax Increment District or any other tax
increment financing districts of the City does not constitute Available Tax
Increment, and the City shall not be obligated to make this payment from any other
funds of the City, (iii) no interest is payable on the amounts to be paid under this
Section 6.1, and (iv) that neither the full faith and credit nor taxing power of the City
is pledged to such payment. The City makes no representation or warranty that the
Available Tax Increment will aggregate $225,000 over the remaining term of the Tax
Increment District.
The Developer shall furnish to the City Finance Director written
evidence in a form satisfactory to the City Finance Director of the infrastructure and
land preparation costs paid or incurred by the Developer with respect to the
Development Property. To the extent that such costs are less than $225,000, the
aggregate amount to be paid by the City to the Developer hereunder shall be reduced
to the actual amount of such costs.
The payments to be made by the City under this Section 6.1 may not be
transferred or assigned, in whole or in part, by the Developer without the prior is
consent of the City; provided that the Developer may pledge the payments
hereunder to a lender for the Project, if prior written notice of such pledge is given
to the City and the lender delivers to the City an instrument executed by such lender
acknowledging that it has reviewed the terms of this Agreement, that it has
sufficient knowledge and experience to evaluate the ability of payments to be made
by the City under this Section 6.1, that it has all financial and other information it
has requested regarding the Tax Increment District and the tax increment, that the
payments to be made by the City under this Section 6.1 are payable solely from
Available Tax Increment as provided herein and that the City is not making any
representations and warranties as to the sufficiency of Available Tax Increment to
make such payments.
ARTICLE
Section 7.1 Transfer of Property and Assignment Developer has not
made and will not make, or suffer to be made, any total or partial sale, assignment,
conveyance, lease, mortgage, encumbrance, lien or other transfer, with respect to
this Agreement or the Development Property or any part thereof or any interest
therein, or any contract or agreement to do any of the same, other than the mortgage
of the Development Property to secure the Developer's financing of the costs of the •
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• Project, without the prior written approval of the City. The City shall be entitled to
require as conditions to any such approval that: (i) the proposed transferee have the
qualifications and financial responsibility, as reasonably determined by the City,
necessary and adequate to fulfill the obligations undertaken in this Agreement by
Developer; (ii) the proposed transferee, by recordable instrument satisfactory to the
City shall, for itself and its successors and assigns, assume all of the obligations of
Developer under this Agreement. No transfer of, or change with respect to,
ownership in the Development Property or any part thereof, or anv interest therein,
however consummated or occurring and whether voluntary or involuntary, shall
operate, legally or practically, to deprive or limit the City of or with respect to any
rights or remedies or controls provided in or resulting from this Agreement with
respect to the Development Property and the completion of the Project that the City
would have had, had there been no such transfer or change. There shall be
submitted to the City for review all legal documents relating to the transfer.
In the absence of specific written agreement by the City to the contrary,
no such transfer or approval by the City thereof shall be deemed to relieve
Developer, or any other party bound in any way by this Agreement or otherwise
with respect to the completion of the Project, from any of its obligations with respect
thereto.
7.2 Termination of Limitations on Transfer The provisions of
Section 7.1 shall terminate at such time as the Certificate of Completion has been
issued by the City under Section 4.3 of this Agreement with respect to the Project.
ARTICLE 8
Events of Default
Section 8.1 Events of Default The following shall be "Events of
Default" under this Agreement and the term 'Event of Default" shall mean,
whenever it is used in this Agreement (unless the context otherwise provides), any
one or more of the following events (and the term "default" shall mean any event
which would with the passage of time or giving of notice, or both, be an 'Event of
Default" hereunder):
(a) Failure of Developer to complete the Project as required hereunder.
(b) Failure of Developer to furnish the Construction Plans as required
hereunder.
(c) If the Developer shall fail to observe and perform any other
• covenant, condition, obligation or agreement on his part to be observed or
performed hereunder or under the Restrictions and such failure shall continue for
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more than 30 days after written notice of such failure is given by the City to the •
Developer.
(d) If prior to the issuance of the Certificate of Completion under
Section 4.3 hereof, Developer shall admit in writing his inability to pay its debts
generally as they become due, or shall file a petition in bankruptcy, or shall make an
assignment for the benefit of his creditors, or shall consent to the appointment of a
receiver of itself or of the whole or any substantial part of the Development
Property.
Section 8.2 Remedies on Default Whenever any Event of Default
referred to in Section 8.1 occurs, the City may take any one or more of the following
actions:
(a) Suspend its performance under this Agreement until it receives
assurances from Developer, deemed adequate by the City, that Developer will cure
its default and continue its performance under this Agreement.
(b) Terminate all rights of Developer under this Agreement.
(c) Withhold the Certificate of Completion.
(d) Take whatever action at law or in equity may appear necessary or 40
desirable to the City to enforce performance and observance of any obligation,
agreement, or covenant of the Developer under this Agreement.
Section 8.3. No Remedy Exclusive No remedy herein conferred upon
or reserved to the City is intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right
or power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised
from time to time and as often as may be deemed expedient. In order to entitle the
City or Developer to exercise any remedy reserved to it, it shall not be necessary to
give notice, other than such notice as may be required under this Agreement.
Section 8.4. Waivers All waivers by the City, shall be in writing. If
any provision of this Agreement is breached by either party and thereafter waived by
the other party, such waiver shall be limited to the particular breach so waived and
shall not be deemed to waive any other concurrent, previous or subsequent breach
hereunder.
-12-
C�
ARTICLE 9
Additional Provisions
Section 9.1 Conflict of Interests City Representatives Not Individually
L iable. No member, official, employee, or consultant or employees of the
consultants of the City shall have any personal interest, direct or indirect, in this
Agreement, nor shall any such member, official, consultant or the consultant's
employees or employee participate in any decision relating to this Agreement which
affects his or her personal interests or the interests of any corporation, partnership,
or association in which he or she is directly or indirectly interested. No member,
official, consultant or the consultant's employees, or employee of the City shall be
personally liable to Developer, or any successor m interest, in the event of any
default or breach by the City or for any amount which may become due to Developer
or successor or on any obligations under the terms of this Agreement.
Section 9.2 Equal Employment Opportunity Developer, for itself and
its successors and assigns, agrees that during the construction of the Project it will
comply with any applicable affirmative action and nondiscrimination laws or
regulations.
Section 9.3 Restric on Use Developer agrees for itself, and its
• successors and assigns, and every successor in interest to the Development Property,
or any part thereof, that Developer, and such successors and assigns, shall devote the
Development Property to, and only to and in accordance with, the uses specified in
this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or
national origin in the sale, lease, or rental or in the use or occupancy of the
Development Property or any improvements erected or to be erected thereon, or any
part thereof.
Section 9.4 Titles of Articles and Sections Any titles of the several
parts, Articles, and Sections of this Agreement are inserted for convenience of
reference only and shall be disregarded in construing or interpreting any of its
provisions.
•
Section 9.5 Notices and Demands Except as otherwise expressly
provided in this Agreement, a notice, demand, or other communication under this
Agreement by either party to the other shall be sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return receipt requested,
or delivered personally as follows:
(a) in the case of Developer, addressed to or delivered personally to
Developer at 1050 Westgate Drive, St. Paul, Minnesota 55114 -1631, Attention:
Chief Financial Officer;
-13-
(b) in the case of the City addressed or delivered personally to the City •
Administrator at City Center, 111 Hassan Street SE, Hutchinson, Minnesota 55350;
or at such other address with respect to any such party as that party may, from time
to time, designate in writing and forward to the other party as provided in this
Section.
Section 9.6 Term of Agreement This Agreement shall terminate
upon the payment in full of the payments to be made by the City pursuant to
Section 6.1 hereof; provided that notwithstanding the termination of this
Agreement, the Restrictions shall remain in full force and effect until terminated in
accordance with its terms.
Section 9.7. Counterparts This Agreement is executed in any number
of counterparts, each of which shall constitute one and the same instrument.
A
C]
-14-
• IN WITNESS WHEREOF, the parties have caused this Agreement to be
duly executed as of the date first above written.
40
n
u
CITY OF HUTCHINSON, MINNESOTA
By
Its Mayor
By
Its City Administrator
JME, INC.
By
-15-
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
1996, by the Mayor and the City Administrator of the City of
Hutchinson, Minnesota, a Minnesota municipal corporation.
Notary Public
0
is
•
-16-
• STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1996, by the of JME, Inc., a Minnesota
corporation.
Notary Public
DRAFTED BY:
Dorsey & Whitney LLP (JPG)
Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402
•
•
-17-
SCHEDULE A •
DEVELOPMENT PROPERTY
[Insert Legal Description]
E
A -1
SCHEDULE B
PROJECT DESCRIPTION
I. SITEWORK
• [Insert details]
Ii. EXTERIOR
• [Insert details]
III. STRUCTURE
• [Insert details]
IV. INTERIORS
• [Insert details]
V. UTILITIES
• [Insert details]
0
SCHEDULE C 9
DESCRIPTION OF PUBLIC IMRPOVEMENTS
0
0
C -1
0
EXHIBIT A
CERTIFICATE OF COMPLETION
WHEREAS, JME, Inc. ( "Owner ") is the owner of the property in the
County of McLeod and State of Minnesota described on Exhibit 1 attached hereto and
made a part hereof ( "Property "); and
WHEREAS, the Property is subject to the provisions of a certain
Redevelopment Agreement (the "Agreement ") dated 1996 by and
between Owner and the City of Hutchinson, Minnesota (the "City "); and
WHEREAS, Owner has fully and duly performed all of the covenants
and conditions of Owner under the Agreement with respect to the completion of
the Project (as defined in the Agreement);
NOW, THEREFORE, it is hereby certified that all requirements of
Owner under the Agreement with respect to the completion of the Project have
been completed and duly and fully performed, and this instrument is to be
conclusive evidence of the satisfactory termination of the covenants and conditions
• of the Agreement as they relate to the completion of the Project. All other
covenants and conditions of the Agreement shall remain in effect and are not
terminated hereby.
Dated this _ day of 199_.
CITY OF HUTCHINSON, MINNESOTA
By
Its Mayor
0
•
Its City Administrator
A -1
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
j 199 by , Mayor and
City Administrator of the City of Hutchinson, Minnesota.
Notary Public
This Instrument Was Drafted By:
DORSEY & WHITNEY LLP (JPG)
Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402
0
•
•
A -2
EXHIBIT B
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration is made and executed as of the day of
1996 by JME, Inc -, a Minnesota corporation ( "Declarant ").
A. Declarant is fee owner of the following described premises located in the
County of McLeod, State of Minnesota (the "Property "):
[Insert legal description]
B. The City of Hutchinson, Minnesota ( "City") has entered into a
Development Agreement, dated , 1996 (the "Development
Agreement "), with the Declarant. The Development Agreement provides for
certain aid and assistance to be provided by the City in connection with the
acquisition by the Declarant of the Property and the construction by the Declarant of
a manufacturing facility on the Property.
Is C. Section 3.2 of the Redevelopment Agreement provides for this Declaration
to be executed by Declarant and for this Declaration to be filed of record in the real
estate records.
NOW, THEREFORE, in consideration of the foregoing and in compliance
with its obligations under Section 3.2 of the Redevelopment Agreement, Declarant,
for itself, and its successors and assigns, does hereby declare that the Property shall be
owned, used, occupied, sold and conveyed subject to the following covenants and
restrictions:
1. The Property shall not be exempt from real estate taxes notwithstanding
the ownership or use of the Property.
2. The Property shall not be sold, transferred, conveyed or leased to any of the
following parties:
(a) An institution of purely public charity;
(b) A church or ancillan, tax exempt housing;
(c) A public hospital;
Is
(d) A public school district;
(e) An organization exempt from federal income taxes
pursuant to Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended; or
(f) A Minnesota cooperative association organized under
Minnesota Statutes, Section 308.05 and 308.18 for the
purpose of complying with the provisions of Minnesota
Statutes, Section 273.133, subdivision 3, or any other party
that would cause the Property to be valued and assessed
for real estate tax purposes at a lower percentage of its
market value than the Property is then being valued and
assessed for real estate tax purposes or would result in the
Property becoming exempt from real estate taxes.
3. The Property shall not be used for any of the following purposes:
(a) The operation of a public charity;
(b) A church or house of worship;
(c) The operation of a public hospital;
(d) The operation of a public schoolhouse, academy, college,
university, or seminary of learning; or
(e) Any other use which would cause the Property to be
valued and assessed for real estate tax purposes at a lower
percentage of its market value than the Property is then
being valued and assessed for real estate tax purposes or
would result in the Property becoming exempt from real
estate taxes.
4. The covenants and restrictions herein contained shall run with the title to
the Property and shall be binding upon all present and future owners and occupants
of the Property; provided, however, that the covenants and restrictions herein
contained shall inure only to the benefit of the City, and may be released or waived
in whole or in part at any time, and from time to time, by the sole act of the City,
and variances may be granted to the covenants and restrictions herein contained by
the sole act of the City. These covenants and restrictions shall be enforceable only by
the City, and only the City shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach of the covenants and restrictions
herein contained, or to enforce the performance or observance thereof. Allk
s
5. The covenants and restrictions herein contained shall remain in effect
until April 1, 2026 and thereafter shall be null and void.
6. If any one or more of the covenants or restrictions contained in this
Declaration are held to be invalid or enforceable, the same shall in no way affect any
of the other provisions of this Declaration, which shall remain in full force and
effect.
JME, INC.
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
1996, by the
of JME, Inc., a Minnesota corporation.
Notary Public
a
DRAFTED BY:
Dorsey & Whitney LLP OPG)
Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402
EN
day of
M E M O R A N D
U M
April 4, 1996
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Consideration of Easement for Railroad Purposes Over Lot 41131ock 1
of the Second Addition to Hutchinson Industrial District
This item is related to the proposed purchase of the lot by Impressions, Inc. which
is scheduled for April 15. The railroad spur line was consutructed by the City in the
late 80's to provide access from Dakota Rail's main rail line to the south of this
property to the rail line on the north side of the plat. Since the property was all
owned by the City, no easement was apparently ever filed at the County.
Barry Anderson, Jeff Rausch of Pellinen Land Surveying, and I will be working on
completing the document for the April 9 Council meeting. At this time, the easement
will only cover the lot proposed for sale.
cc: Barry Anderson, City Attorney
Dick Lennes, HCDC
file: 2nd Addition to Hutchinson Industrial District
City Center
I I I Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
612) 587-2975 ^ r
Fax (612) 234 -022 40 7 /!-
- Printed on regdedpaper -
Police Services
10 Franklin Street SW
Hutchinson. MN 55350 -2364
(612) 587 -2242
Fax(612)587-6427
SKETCH & DESCRIPTION
PART OF LOT 4, BLOCK I,
SECOND ADDITION TO HUTCHINS
141 oo' w Nn. 70
•., n ae .r u, 4.
escao noiT�a m
wTaissae isouen,r o,sn,n R I
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FOR CITY OF HUTCH INSON
INDUSTRIAL DISTRICT
eecao 4aart,oa To Mnce."
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DESCRIPTION
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An easement for Railway purposes owr and across part of
Lot 4, Block I, SECOND ADDITION TO HUTCHINSON
INDUSTRIAL DISTRICT, according to the recorded plat thereof
described as follows:
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60.86
Beginning at the northeast corner of said Lot 4
thence North 99 degrees 40 minute, 00 seconds
West, assumed beoring, along the north line of slid
Lot 4 a distance of 60.79 feet: thence South 0
degrees 04 minutes 41 seconds East 690.01 feet to
the south ling of said Lot 4: thence South 89
degrees 40 minutes 00 seconds East, along sold
south line, 60.66 feet to the southeast corner of
sold Lot 4: thence North O degrees 03 minutes 00
seconds West, along the east line of sold Lot 4, a
distance of 690.01 feet to the point of beginning.
AREA
41968 SO FT
0.96 ACRES
Joe Iq.
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FF.
. EASEMENT
THIS INDENTURE, made this 9th day of April, 1996, by and
between the City of Hutchinson, a Minnesota municipal corporation
( "Hutchinson ") and Dakota Rail, Inc., a Minnesota corporation
("DAKR "):
WITNESSETH:
That, for and consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration in hand paid to the City
of Hutchinson, by Dakota Rail, Inc., receipt and sufficiency of
which is hereby acknowledged, Hutchinson does hereby grant,
bargain, sell, convey and warrant to Dakota Rail, Inc. its
successors and assigns, forever, a right of way and easement, with
the right, privilege and authority to Dakota Rail, Inc., its
. successors and assigns to construct, erect, operate and maintain a
railroad, railway tracks and related facilities on, along, over,
through, across or under the real estate which is more specifically
described on Exhibit " A " which is attached hereto and incorporated
as if fully set out herein.
Dakota Rail, Inc., its successors and assigns, shall have the
right to place, erect, maintain and inspect railroad facilities and
services, located within the easement area, adding thereto from
time to time, across, through, over or under the above described
premises, to cut and remove from said premises on either side any
trees or other obstructions which may endanger the safety or
interfere with the use of said railroad.
Cl , F
Hutchinson excepts
from
this Easement
and
reserves unto
•
itself, its successors
and
assigns, the
right
to install,
construct, repair and maintain certain municipal facilities
including but not limited to roads, utility lines, drain pipes,
drainage systems, public trail systems, cable television and other
telecommunications lines or pipelines of every kind whatever, over,
under and across such easement area including the right to grant
easements to any and all public utilities to install, construct,
repair and maintain such utility lines provided only that such
facilities and easement rights do not unreasonably interfere with
Dakota Rail, Inc.'s use and enjoyment of the easement granted
hereby and Hutchinson further reserves unto itself, its successors
and assigns, the right to fully use and enjoy said premises, except
for the easement granted to Dakota Rail, Inc. •
The rights granted hereunder are subject to any easements,
rights of way and encumbrances of any kind or nature whatsoever now
existing upon, over, or across the property as described.
IN TESTIMONY WHEREOF, the City of Hutchinson has hereunto set
its hand the day and year first above written.
CITY OF HUTCHINSON
By:
Marlin Torgerson
Mayor
Attest:
Gary D. Plotz
City Administrator is
. STATE OF MINNESOTA)
SS.
COUNTY OF McLEOD )
On this 11th day of April, 1996, before me a Notary Public,
personally came before me Marlin Torgerson, the Mayor and Gary D.
Plotz, City Administrator for the City of Hutchinson, a Minnesota
municipal corporation, to be known to be the persons who executed
the foregoing instrument and acknowledge that they executed the
foregoing instrument on behalf of said municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
G. Barry Anderson
ARNOLD, ANDERSON & DOVE, PLLP
101 Park Place
Hutchinson, Mn. 55350
Telephone (612- 587 -7575)
Attorney I.D. No. 196X
0
C7
C
M E M O R A N D U M
April 3, 1996
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Consideration of Right -of -Way Certificate for Bluff Street
Bluff Street Bridge and Bluff /Adams Street Roadway Improvements
Letting No. 3/Proj ect no. 96 -03 and 4
Attached please find "Right -of -Way Certificate No.l" for the above referenced
project. This must be aproved and submitted to Mn/DOT prior to Bid Leeting of the
proj ect.
Please let me know if you have any questions.
file: 96/L3
City Center Parks & Recreation Police Services
1I I Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW
Hutchinson, MN 55350 -2522 Hutchinson. MN5:350 -3097 /// Hutchinson, A1N55350 -2464
(612) 587-5151 (612) 587 -2975 /� (612) 587 -2242
Fax (612) 234 -4240 Fax (612) 234 -4240 (J Fax (612) 587 -6427
- Prin red on recycled paper -
MH /DITf 70711 (Rev.IM)
RIGHT -OF -WAY CERTIFICATE NO. 1
Office of State Aid
Department of Transportation
State Transportation Building
St. Paul MN 55155
Subject: Right- of- WavAcquisition
Status Certificate
S.P. 133-104-04
Minn. Proj. STP 4395 (138)
City of Hutchinson, MN
Dear Sir:
I hereby certify that the Right -of -Way for S.P. 133- 104 -04, Minn. Proj, STP 4395 (138) for construction of Bluff Street,
Municipal State Aid Street No. 133 -104, from Washington Avenue East to Railroad Tracks in the Cm of Hutchinson,
has been acquired or the tight to occupy and use the Right -of -Way has been acquired. All property owners have either
been paid, or, if in condemnation, the appraised values have been deposited with the Court and are available to all
owners. All Right -of -Way acquisition and relocation has been conducted in accordance with applicable Federal and
State directives.
Number of parcels, including easements, on project: 5
Total Right -of -Way cost: $175.000.00
There was relocation on the Project
Number of parcels acquired by condemnation: 0
City- Engineer: John P. Rodeberg, P.E.
Date: 3/26/1996
I hereby certify that the Right -of -Way is presently clear of encroachments, and that I will not allow future encroachments
to occur.
Mayor: Marlin Torgerson
�
I concur that all Right -of -Way acquisition and relocation has been conducted in accordance with applicable Federal and
State directives.
Mn/DOT District Right -of -Way Engineer
Date
t
9'
s
MEMORANDUM
April 5, 1996
To: Mayor & City Council
From: Marilyn I Swanson, Administrative Secretary
s
The Hutchinson VFW Post 906 is requesting reconfirmation of its approved gambling devices
license. Although the City of Hutchinson renewed all gambling devices licenses the end of
December 1995 for the 1996 year, the State Gambling Board requires proof that the licence is
current within a 60 -day period.
Attached is the premises permit renewal application which will be signed by the City Administrator.
s
1& : -
A�ryv�uuuwr �
LING PREMISES AUTHORIZATION
I EBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS
0 E BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS,
TO ENTER THE PREMISES TO ENFORCE THE LAW.
BANK RECORDS INFORMATION
THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT
WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES.
I DECLARE THAT:
I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD;
• ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;;
• ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED;
I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION;
I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING
ACTIVITIES TO BE CONDUCTED;
I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES
OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS
AND RULES, INCLUDING AMENDMENTS TO THEM;
ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND
LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE;
I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING
INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT.
OF CHIEF EXECUTIVE OFFICER DATE
1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY
LIMITS.
2. THE COUNTY ** AND TOWNSHIP ** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS
LOCATED WITHIN A TOWNSHIP.
3, FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY ** IS REQUIRED TO ATTACH
A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS.
4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY
APPROVING OR DENYING THIS APPLICATION.
5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE
ATTACHED TO THIS APPLICATION.
6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED
TO THE GAMBLING CONTROL BOARD.
TOWNSHIP:
BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A
PREMISES PERMIT WITHIN TOWNSHIP LIMITS.
CITY• OR COUNTY ** TOWNSHIP**
CITY OR COUNTY NAME TOWNSHIP NAME
City of Hutchinson, MN
SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION
W E DATE RECEIVED TITLE DATE RECEIVED
City Administrator April 5, 1996
REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS
MAIL TO: GAMBLING CONTROL BOARD 4
1711 N COUNTY RD B - SUITE 300 S /G '7
ROSEVILLE, MN 55113
West STATE OF MINNESOTA
GAMBLING CONTROL BOARD
PREMISES PERMIT RENEWAL APPLICATION
LG214PPR PRINTED:01 /02/96
FOR BOARD USE ONLY
AMT PAID
CHECK NO _
DATE
LICENSE NUMBER: B -02942 -001 EFFECTIVE DATE: 07/01/94 EXPIRATION DATE: 06/30/96
NAME OF ORGANIZATION: VFW Post 906 Aux Hutchinson
GAMBLING PREMISES INFORMATION
NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED
VFW Post 906
247 lot Ave SE
Hutchinson 55350
COUNTY No Leod IS THE PREMISES LOCATED WITHIN THE CITY LIMITS ?: Y
DOES YOUR ORGANIZATION OWN THIS SITE ?: No
IF NO, LIST THE LESSOR:
VFW Post 906
247 lot Ave SE
Hutchinson MN 55350
NAME OF PROPERTY OWNER (WHEN NOT LESSOR):
SQUARE FEET PER MONTH: 52
SQUARE FEET PER OCCASION: 0
LESSOR INFORMATION
AMOUNT PAID FOR RENT PER MONTH: 8
AMOUNT PAID PER OCCASION: 0
BINGO ACTIVITY
BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT
STORAGE ADDRESS
247 lot Ave SE
Hutchinson MN 55350
Citizens Bank Q Trust Cc
102 Main St S
Hutchinson NN 55350
GAMBLING BANK ACCOUNT NUMBER: 069083
ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS
AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT.
THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS.
(BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION)
THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST
$350.00
RETAEU "ON SALE"
*tote of Ainnegota,
COUNTY 0jr. licLnaa Cit encchl
city ocil City d . Hutcbinaon
Tothe .....- ......... C .. it ... C .-.. .. .......................ot' the...- ....................
............................ ..........................State of Minnesota:
H USKIE BASE ASSO
horeby appl.iea for a license for the term
from ...... - _._..._._ -- -day of ._.JAaY..— .__— ..-- ..----- - -._., 18 to sell
At Retail Only, Non - Intoxicating Malt Liquors,
as the same ars defined by law, far oonsamption "ON" tlo oatain premises in the__
__.... . a .__..._B ChinHOn
dear'ibed as follows,
VETERANS MEMORIAL FIELD AND ROBERTS PARK THE DATES OF
AUG. 10 -11 AND AUG. 16,17,18
at whleh place, said appliaant__.operata.. -the business of._...._. GONG. ESg. E .QN&-- .__...__.__.__...___. —__—
and to that end represent .... and state. -as follows:
That said applicant ...._..ia- a.-- _. —..._. ollir f the United Stara+; of food moral oharacter
and repute; and ha°_.- attalned the aft of 21 years; that_HUKU5......1}QA the
establishment for which the license will be issued if this application is framed.
That w manufacturer of such wo intaricatinf malt ligrwn has any ownsrshtp, in whole or w part,
in said bueinm of said applicant--or any interest therein;
That said applicant...._ ,akc.__this application pursuant and subject to all the taros of the State of
Minnesota and the ordinances and refuiottwu of -- ___..— _
applicable thereto, which are hereby made a part hereof, and hereby afne.__to obsome and obey the same;
Aecossaend approval.
Driver's lciense I.D. required for purchase. L_
Q . a Madeon, Police (blef
Each applicant further states that Jte is not now the holder of, nor has —he made application for,
nor does Ju intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of
intuximling liquor.
0
Dated..__
Z
P. O.
/o - -A,
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/ Ih.�kt r ���.: rib
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61
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110
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/.
APR 9 -1996 ^1
V. 1 vJ
0 TO: All residents of Country Club Terrace
FROM: The Managers
DATE: March 2,3, 1994
RE: HOUSEKEEPING CHECKLIST
After a recent inspection, we have derived a list of ite: ^s that are in reed
of attention. Plea<_e see to it that these items are taken care of.
1) Skirting is completely in place.
2) Doors & windows fixed (not with duct tape or plastic)
3) Decks are in good repair (no broken railings or stairs)
4) Yardsarecleaned of debris (this includes disposal of all large pieces
of garbage, as well as NO overstuffed furniture in yard at any time!!)
5) Snowmobiles are parked in BACK of yard.
6) All flat tires are fixed. Cars must be in running condition!!
7) No vehicles parked on grass. If you have more than 2 vehicles, empty
pads are available for $15.00 a month.
d) Old tires to be stored underneath the trailer.
9) No dogs it kennels or tied out all day.
Again, we're asking that these items are attended to immediately. We will
be performing weekly inspections from this point on to assure that there is
compliance with the rules and regulations of their lease. Anyone found not
in compliance will be issued a warning.
Any questions, please contact us during office hours at 5a7 -2060.
Sincerely,
John & Elizabeth Hallahan
Managers
cc: Bill Block
Owner
0
OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996,
1:29 PM
page 1
----- ------------------
1185 IMPRO.BDS
- ------ ----- -- -----------------
FIRST TRUST
- - - - - --------- - -------------
PAYMENT & ADMIN FEES
---
$646.25
--- - - --
< *>
$646.25*
IMPRO.BDS
AM.NATIONAL BANK
INTEREST
$159,600.00
k
< >
$159,600.00•
1990 TICB
MAXIMUM TECHNOLOGIES
ENVIRON CONSULT - GRNDWATER MONT
$319.00
< *>
$319.00*
1990 TIDS
AM.NATIONAL BANK
PRINCIPAL
$145,031.25
< *>
$145,031.25*
BURNS MANOR DS
AM.NATIONAL BANK
INTEREST
$74,218.75
< *>
$74,218.75*
CAP.IMPRO.FUND
FAYE & DAVE'S UPHOLSTERY
UPHOLSTER OFFICE CHAIR
$136.95
LOGIS
MARCH SUPPORT
$20,713.11
MINNICK PAINTING, GENE
PAINTING HALL, OFFICE, STAIR
$850.00
QUADE ELECTRIC
REPAIR & PARTS
$724.66
< *>
$22,424.72*
CENTRAL GARAGE
AG SYSTEMS
TIP FLOOD, NOZZLE, BDY QJ,
$26.75
BRANDON TIRE CO
DISMOUNT, MOUNT & BALANCE
$122.61
CARQUEST AUTO PARTS
SUPPLIES
$634.87
CITY OF HUTCHINSON
APRIL MEDICAL
$432.09
COAST TO COAST
MARCH SUPPLIES
$30.58
COKATO SALVAGE
GAS TANK, STRAPS
$31.95
CROW RIVER AUTO
OIL CHANGE, REPLACE SENSOR
$82.86
FITZLOFF HARDWARE
SAW, KEYS
$54.57
FORTIS BENEFITS
APRIL LTD
$18.86
G & K SERVICES
UNIFORMS
$54.51
HOLT MOTORS INC
PARTS
$21.34
HUTCH COOP CENEX
TIRE REPAIR
$109.04
HUTCH FIRE & SAFETY
2 ABC FIRE EXTINGUISHERS
$47.93
HUTCH IRON & METAL
STEEL SURP.
$12.57
•
HUTCHINSON WHOLESALE
MARCH SUPPLIES
$252.25
JERABEK MACHINE SERV
BOLTS & NUTS
$8.88
MID CON SYSTEMS INC
ENVIRO LUBE
$109.36
MN DEPT OF REVENUE
STROBE LIGHTS
$35.98
MN MUTUAL LIFE
APRIL LIFE
$6.72
PLOWMANS
REPARE 1993 FORD K -9
$497.94
POSTAGE BY PHONE
MARCH POSTAGE
$6.40
SCHMELING OIL CO
SEALER
$6.39
STEWARD ENTERPRISES
HYDRAULIC BOOSTER
,599.00
TERMINAL SUPPLY CO
CHEMICAL SPRAY
$66.10
ZIEGLER INC
BOLTS, NUTS
$357.86
< >
$3,127.41•
CITY HALL CONST.
GENERAL OFFICE PRODUCTS CO
DELIVERY CHARGE
$450.00
< >
$450.00*
ENERGY LOAN FD
CITIZENS BANK
CLOSING COSTS
$10.00
COUNTY RECORDER
MISCELLANEOUS
$721.50
< *>
$731.50*
GENERAL FUND
AAGARD WEST
APRIL RECYCLING
$814.22
ALLEN OFFICE PROD
ERASER, DICTIONARY
$203.09
ALLIED SERVICES OF HUTCHINSON
THERMOSTAT REPLACEMENT
$113.87
AMERICINN MOTEL
ROOM CHARGE FOR SKATER
$135.56
ARNOLD & MCDOWELL
MARCH COMPENSATION
$6,666.00
ARNOLD'S OF GLENCOE
PARTS TO REPAIR ALLEY DRAG
$30.35
BAASEN, EUGENE
REIMB FOOTWEAR
$59.99
BCA /TRAINING & DEVELOPMENT
REG -STEVE MOGARD
$510.00
BENNETT OFFICE SUP.
SERVICE CONTRACT
$65.26
BERNICKS PEPSI COLA
DEPOSIT /RETURN
$163.36
BONESTROO ROSENE ANDERLIK & AS
PROFESS SERVICES -CIVIC ARENA
$87.75
BRANDON TIRE CO
TIRE REPAIR
$15.50
LJ
11-4
OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM
page 2
----------------- --- ------- ----- --- ------ - - - -- --
GENERAL FUND BRINKMAN STUDIO
- --- --- ----- ---- ---- ---- --- - - - --
PHOTO FINISHING
-- - ---------------
$6.37
BROWNS FLORAL
CLAY POTS, & PLANTS
$30.42
BUS. RECORDS CORP.
BUSINESS FORMS
$139.00
BUSINESSWARE SOLUTIONS
•
CORD, PLUG
$371.40
CARNEYS
CRAFT SUPPLIES
$8.47
CARR FLOWERS
PLANTS- NICHOLE KLOSS
21.30
CASH WISE
COFFEE
,74.75
CDI OFFICE PRODUCTS LTD
OFFICE SUPPLIES
$150.08
CENTURY LABS
WEED KILLER
$2,173.96
CHAMPION AUTO
BED MAT
$83.04
CITY OF HUTCHINSON
COBRA - MATTSFIELD
$29,778.19
COAST TO COAST
MARCH SUPPLIES
$1,224.78
COMM TRANSPORTATION
HANGAR LOAN PAYMENT
$700.00
COMSTOCK DAVIS INC
PROFESS SERVICE -LOT SURVEY
$302.77
COUNTRY KITCHEN
PRISIONER MEALS
$20.66
COUNTY RECORDER
DUE FROM HRA- FILING FEES
$78.00
CROW RIVER AREA QUALITY COUNCI
MARCH SESSION - KEN MERRILL
$10.00
CROW RIVER AUTO
ALTERNATOR REPLACEMENT
$719.65
CROW RIVER VET CLINIC
BOARDING
$244.47
DEPT NATURAL RESOURCES
DNR REG FEES
$678.00
DIRECT SAFETY CO
GOGGLE
$5.33
DOSTAL, ROSA
1 HOUR INTERPRETOR SERVICES
$15.00
EIGEN, TRACIE
SKATING INSTRUCTOR
$57.75
ERICKSON OIL PROD
FUEL
$23.02
ERLANDSON, DAVID
MILEAGAE
$281.64
EWERT JR., DICK
12 HOURS SNOW REMOVAL
$640.50
FAMILY REXALL DRUG
STAMP
$39.40
FESTIVAL FOODS
OPERATING SUPPLIES
$293.65
FITZLOFF HARDWARE
BULBS
$119.57
FORTIS BENEFITS
APRIL LTD
$1,413.73
G & K SERVICES
UNIFORMS
$654.00
GEMPLER'S INC
GLOVES,JACKET,GOGS,EARMUFFS
$86.15
GENERAL OFFICE PRODUCTS CO
PALM RESTS
$95.85
GIESE, RICK
BROOMBALL OFFICIAL
$60.00
GOV FINANCE OFFICERS ASSC
MEMBERSHIP DUES
$140.00
GRAND CASINO
SR CENTER TOUR
$300.00
GREAT PLAINS SUPPLY
2 X 10 STUDS - FOR PICNIC TBLS
$913.43
GRINA, LISA
REIMB FOR OFFICE SUPPLIES
$14.78
GUARDIAN PEST CTL
PEST CONTROL
$24.81
HAASL, JAMES
REIMB FOR LICE SHAMPOO
$108.23
HANSEN GRAVEL
LANDFILL
$123.25
HCVN -TV
TAPE
$3.00
HEMMAH, KATHY
SR CTR INSTRUCTION FEE
$50.00
HILLYARD FLOOR CARE / HUTCHINSON
CLEANERS, DUSTING CLOTH
$256.60
HOLIDAY INN - BLOOMINGTON
HOTEL CHARGES
$144.00
HUTCH COMM HOSPITAL
HEP B VAC
$259.50
HUTCH COOP CENEX
FUEL -MARCH
$4,342.28
HUTCH FIRE & SAFETY
BRACKET & INSTALL, EXTING TEST
$89.68
HUTCH FIRE DEPT RELIEF ASSC.
ADDITIONAL PAYMENT
$1,000.00
HUTCH PLBG & HTG CO
REPAIRS TO RESTROOMS
72.25
HUTCH PUBLIC SCHOOLS
COFFEE & COOKIES
29.90
HUTCH TECH COLLEGE
FLIP FRAME TRANS
$88.00
HUTCHINSON LEADER
MARCH ADS
$2,464.30
HUTCHINSON TEL CO
APRIL PHONE
$4,304.99
HUTCHINSON WHOLESALE
MARACH SUPPLIES
$20.15
IACP
REG- CRIMINAL INVESTIGATIONS
$855.00
INDIANHEAD SPECIALTY CO
SELF -INK DATER
$38.99
INK SPOTS
RSVP CARDS
$231.30
JACK'S UNIFORMS & EQUIPMENT
4 TRAFFIC WANDS
$32.55
JANOUSEK'S CAFE
MEALS
$13.15
JERABEK MACHINE SERV
STEEL, BENCH TOP LABOR
$52.47
JERESEK, GREGORY J.
RECRUITMENT VIDEO
$5,585.00
JONES, CHARLES
MEALS, MILEAGE,,LODGING
$547.19
JOSE COLE CIRCUS
OVERPAYMENT OF GATE RECEIPTS
$117.75
• F C
ADAPTIVE REC MEALS
$231.26
• MART
POLAROID FILM, TYLENOL
$72.98
KALENBERG FARMS
9 1/2 HOURS SNOW REMOVAL
3e0.00
KILLIAN,ERIC
REFUND FOR FOOTWEAR
100.00
KIRBY SERVICE CENTER
ROLLER, BELT
$60.60
LAW ENFORCE EQUIP
SHIPPING CHARGES
$102.00
LEAGUE OF MN CITIES
MARCH DEDUCTIBLE BILLINGS
$18,316.87
LENNES, RICHARD
MARCH COMPENSATION
$2,292.78
LIMBERIS, CHRIST N.
TRANSCRIPT
$313.90
LOGIS
MARCH SUPPORT
$5,528.55
MAINTENANCE ENGINEERING
13W WHITE GOBE
$588.68
MANKATO SECTIONAL FIRE & RESCU
REGISTRATION FOR ALL STUDENTS
$200.00
L J
OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996,
1:29 PM
page 3
---------------------
GENERAL FUND
- -------- - -------- --- ----------------
MARCO SUS.PRODUCTS
- - - --- - ------- -----------
EASEL, CROSSBAR
$139.78
-------- -
MARK I OF NORTH AMERICA
TIME PLAN, OUTLINE, EXP SHT
$146.24
MCGARVEY COFFEE INC
COFFEE, HOT CHOCOLATE
$80.30
MIDWEST CABLEVISION
APRIL SERVICE
$5.21
MIKE'S MOBIL BAIT & TACKLE
SOLVENT, PATCHES, BRUSHES
$33.35
MINNCOMM PAGING
MARCH RENT & SERVICE
$114.12
MINNESOTA AIRPORT SYMPOSIUM
REG -DOUG MEIER
$90.00
MINNESOTA AMERICAN PLANNING AS
REG - BONNIE 13AUMETZ
$35.00
MN DEPT OF REVENUE
BOOKS
$44.42
MN ELEVATOR INC.
ELEVATOR SERVICE
$65.00
MN MUTUAL LIFE
COBRA- LIFE- MANGAN
$514.50
MN REC & PARK ASSC
VOLLEYBALL TEAMS
$272.00
MOON, DOLF
MEALS
$17.97
MUELLER, DAVE
LODGING, MEALS, PARKING
$137.37
MURPHY GRANITE CARVING
CIVIC ARENA BLDG PLAQUE
$670.00
MUSIC STORE, THE
SPEAKER CABLE
$10.65
NATIONAL ARBOR DAY FOUNDATION
ANNUAL MEMBERSHIP
$15.00
NATL FIRE PROTECTION ASSC
SUBSCRIPTION RENEWAL
$44.50
NORTHLAND BUSINESS SYSTEMS
CONFERENCE MICROPHONE
$3.00
PETERSON BUS SERVICE
COACHS TO GLENCOE, DAYTONS
$525.00
PIONEERLAND LIBRARY SYSTEM
QTR 2 OPERATION FEE
$18,591.50
PITNEY BOWES INC
POSTAGE METER RENTAL
$307.03
PIZZA HUT OF AMERICA INC
PIZZA
$37.90
POSTAGE BY PHONE
MARCH POSTAGE
$979.55
PRO COMMUNIQUE
NEWSLETTER -APRIL ISSUE
$200.00
QUADE ELECTRIC
SIREN REPAIR, LABOR
$338.64
R & T SPECIALTY
INSTRUCTOR EMBLEM
$4.00
RESPOND SYSTEMS
SAFETY SUPPLIES
$233.55
RICE, CAL
MEALS
$5.62
ROCKMOUNT RESEARCH
TARTAN B
$87.07
RODEBERG, JOHN
MEALS, PARKING
$161.89
RUNNING'S SUPPLY
GARB CAN, CRUSHER, WASTEBASKET
$388.92
SALLY'S GIFT & FLOWER HOUSE
PLANT BASKET & DELIVERY
$33.30
SCHMELING OIL CO
KEROSENE
$386.81
SCHMELING, LEROY
CABINET INSTALL PER BID
$2,772.19
SCHNOBRICH, MARK
LODGING
$52.19
SEVEN WEST WASH & DRY
LAUNDRY
$11.92
SHARE CORP
CHEMICALS & PRODUCTS
$517.13
SHOPKO -
FLAG
$9.57
SICKMANN, STEVEN
MEALS, LODGING
$312.38
•
SORENSEN FARM SUPPLY
SOUTHAM BUS COMM
NECK TAG
CONSTRUCTION BULLETINS
$22.57
$779.55
STANDARD PRINTING
COPY POLICY & PROCED MANUAL
$755.72
STATE TREASURER
1ST QUARTER SURCHARGES
$423.27
STOTTS, CASEY
LODGING, REGISTRATION, PERDIEM
$218.58
STRATEGIC MORTGAGE SERVICES
CREDIT REPORT CHARGE
$20.00
SWANSON, MARILYN -
MAGAZINE, VIDEO TAPES
$13.73
TEK MECHANICAL
REPAIR HUMIDIFICATION SYSTEM
$209.99
TEMPLETON INC
MARCH EMPLOYER CONTRIB
$365.41
TREADWAY GRAPHICS
PENCIL, RULERS, STICK PEN
69.65
TRI CO WATER COND
SALT
15.66
TRIPLE G DISTRIBUTING INC
MARCH POP PURCHASE -REC CTR
36.00
TWO WAY COMM INC
BATTERY, CASE, CLEANING
$228.81
UNIFORMS UNLIMITED
UNIFORM SHIRT
$648.71
UNITED BLDG CENTERS
36" SWEEP ALACR
$20.74
URBAN COMMUNICATIONS
RENTAL EQUIP -ICE SHOW
$1,369.06
US WEST COMMUN
APRIL SERVICE
$207.21
USI INC
OPTI CLEAR LAM POUCH
$81.75
VERSA -VEND VENDING INC
VENDING MACHINE SNACKS
$115.32
VOSS LIGHTING
1500 WATT METAL HALIDE BULBS
$1,346.00
WAHL, ORVIS
SHEET METAL
$182.11
WAL -MART
T SHIRTS
$87.88
WENDT'S SOFTNER SERVICE
SOFTNER REPAIR & LABOR
$70.65
WHOLESALE SUPPLY COMPANY
BULLETIN BOARD
$71.97
< *>
$135,630.93*
HAT -FAC. CONST.
STEPPINGSTONE GALLERY
FRAMING
$62.99
< *>
$62.99*
HOUSING REDEV
CUMMINS &, GERALD
CARPENTRY WORK
$3,400.00
< *>
$3,400.00*
?UTCH TRANS FA_
AG SYSTEMS
STRAINER NOZZLE
$4.60
0
OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM
page 4
- ------------- -
HUTCH TRANS FAC.
----------------------- --- -----
COAST TO COAST
- -------- -- ------ ---------- --- ----------
MARCH SUPPLIES
-
$6.79
-------- --
G & K SERVICES
UNIFORMS
$153.94
GLOBAL COMPUTER SUPPLIES
LABELING MACHINE, LABELS
$256.42
HUTCHINSON TEL CO
APRIL PHONE
$256.83
K MART
ORGANIZER, GEMINI
$21.28
NORTHERN HYDRAULICS
RAPID REEL, & HANDCRANK HOSE
$966.93
POSTAGE BY PHONE
MARCH POSTAGE
$0.96
QUADE ELECTRIC
PARTS FOR WORK BENCH
$40.36
STORAGE EQUIPMENT
WALLMOUNT, SHELF
$1,020.80
WITTE SANITATION
MONTHLY SERVICE
$63.37
< *>
$2,792.28*
- NSURANCE FUNDS
CREATIVE PROMOTIONS
SHIRTS, SHORTS, PEDOMETER
$44.71
< *>
$44.71*
LIBRARY FUND DS
AM.NATIONAL BANK
INTEREST
$62,193.75
< *>
$62,193.75*
LIQUOR STORE
AAGARD WEST
APRIL PICKUP
$45.20
AM.LINEN SUPPLY CO
WEEKLY DELIVERIES -MARCH
$115.36
BERNICKS PEPSI COLA
MARCH POP PURCHASE
$184.59
CARR FLOWERS
PLANT -NEIL WEGNER
$15.98
CDI OFFICE PRODUCTS LTD
OPERATING SUPPLIES
$15.25
CITY OF HUTCHINSON
LOTTERY PAYMENT
$2,274.18
CITY OF HUTCHINSON - GENERAL FUN
PAYROLL 3/29/96
$6,165.04
COAST TO COAST
NUTS BOLT SCREWS, S HOOK
$2.10
ED PHILLIPS & SONS CO.
MARCH WINE RETURN
$2,382.06
FAMILY REXALL DRUG
FOLDERS
$13.31
FESTIVAL FOODS
COVERS
$7.80
FORTIS BENEFITS
APRIL LTD
$35.68
FRIENDLY BEVERAGE CO
MARCH BEER PURCHASE
$892.70
GRIGGS COOPER & CO
MARCH WINE PURCHASE
$7,740.51
HENRYS FOODS INC
MARCH TOBACCO PURCHASES
$2,025.94
HERMEL WHOLESALE
MARCH TOBACCO PURCHASES
$408.77
HUTCHINSON LEADER
MARCH ADS
$717.27
HUTCHINSON TEL CO
APRIL PHONE
$143.48
JOHNSON BROTHERS LIQUOR CO.
MARCH LIQUOR PURCHASE
$2,429.15
R D U Z
LEAGUE OF MN CITIES
MARCH ADS
QTR 2 WORK COMP
$45.00
$272.96
LEHMANN FARMS
MISC PURCHASE - MARCH
$248.22
LENNEMAN BEVERAGE DIST. INC
MARCH BEER PURCHASE
$4,248.25
LEO'S TRANSFER
MARCH 2ND HALF SHIPPING
$596.03
LOCHER BROS INC
MARCH BEER PURCHASE
$13,770.30
MN MUTUAL LIFE
APRIL LIFE
$12.60
POSTAGE BY PHONE
MARCH POSTAGE
$14.40
PRO MAINTENANCE
SCRUB & WAX
$281.16
QUALITY WINE & SPIRITS CO.
APRIL LIQUOR PURCHASE
$7,700.49
STANDARD PRINTING
WINE CLUB CARDS
$66.34
TRI CO WATER COND
WATER BOTTLES
$36.89
TRIPLE G DISTRIBUTING INC
MARCH BEER PURCHASE
$20,823.35
VIKING COCA COLA
MARCH POP PURCHASE
$28.80
< *>
$73,759.16*
RURAL F. D.
BRODD, JIM
RURAL MILEAGE -1996 QTR 1
$27.25
EMANS, BRAD
RURAL MILEAGE -1996 QTR 1
$22.75
HOESCHENS, DUANE
RURAL MILEAGE -1996 QTR 1
$5.50
HOMAN, ED
RURAL MILEAGE -1996 QTR 1
$15.25
HUTCH COOP CENEX
FUEL
$65.63
HUTCH PUBLIC SCHOOLS
COPIES & TRANSPARANCIES
$4.30
NIES, JEFF
RURAL MILEAGE -1996 QTR 1
$11.25
PESSEK, TOM
RURAL MILEAGE -1996 QTR 1
$2.00
PRECHT, BRUCE
RURAL MILEAGE -1996 QTR 1
$5.25
RECKOW'S
MEALS -TOWN BOARD
$320.37
REDMAN, RANDY
RURAL MILEAGE -1996 QTR 1
$3.00
SCHRAMM, STEVE
RURAL MILEAGE -1996 QTR 1
$7.75
STEELE, DAN
RURAL MILEAGE -1996 QTR 1
$11.50
TWO WAY COMM INC
MPCP, WIRE
$61.61
< >
$563.41+
.:,=R /SEWER FUND
AAGARD WEST
APRIL SERVICE
$26,509.14
ABM EQUIPMENT & SUPPLY
3000 PSI GAUGE
$116.20
0
OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM
------------------------------------------------
WATER/SEWER FUND BRO -TEX INC.
BUSINESSWARE SOLUTIONS
CARQUEST
WISE
AUTO PARTS
CASH WISE
CDI OFFICE PRODUCTS LTD
CITY OF HUTCHINSON
COAST TO COAST
CURTIN SCIENTIFIC CO
DEVRIES, RANDY
ELECTRIC MOTOR CO
FEED RITE CONTROLS
FESTIVAL FOODS
FIRST TRUST
FORTIS BENEFITS
G & K SERVICES
GOPHER STATE INC
HUTCH COOP CENEX
HUTCHINSON LEADER
HUTCHINSON TEL CO
HUTCHINSON WHOLESALE
IMPERIAL PORTA THRONES
INFRATECH
INK SPOTS
JEFF'S ELECTRIC
L & P SUPPLY CO
LEAGUE OF MN CITIES
LOGIS
MACQUEEN EQUIP INC
MAS PRODUCTION
MN DEPT OF REVENUE
MN MUTUAL LIFE
MN VALLEY TESTING LAB
NORTHERN WATER WORKS SUPPLY
NOTCH'S METALS
OLSONS LOCKSMITH
POSTAGE BY PHONE
QUADE ELECTRIC
RESPOND SYSTEMS
RUNNING'S SUPPLY
SANIFILL INC
STANDARD PRINTING
TEK MECHANICAL
TEXTILE ENGINEERING ASSC
TRI CO WATER COND
UNITED BLDG CENTERS
WATER ENVIRONMENT FED
WESTERN AUTO
< h
DISPENSER
HP SYSTEMS, PRINTERS
SUPPLIES
COFFEE
OFFICE SUPPLIES
APRIL MEDICAL
MARCH SUPPLIES
DILUTION BOTTLES
MEALS
BEARINGS, INSTALL & CLEAN
ACID HYDROFLUOSIL
FOOD COLORING
PRINCIPAL
APRIL LTD
UNIFORMS
FEB SERVVCE
FUEL
MARCH ADS
APRIL PHONE
MARCH SUPPLIES
RENTAL 1 UNIT MARCH
LINK -PIPE REPAIR, INSTALL
PAPER
FUSE, LABOR -OUR SAV LIFT STN
SERVICE CALL
QTR 2 WORK COMP
MARCH SUPPORT
HOSE GUID, LEADER, RADIAL BULL
COMPOSTING VIDEO PROJECT
TENSIONING VALVE
APRIL LIFE
WATER TESTS
GENERATOR
ELECTRODES, LABOR
LOCK REPAIR, 2 KEYS MADE
MARCH POSTAGE
REPLACE FUSES IN AIR COMPRESS
HYDROSEP BACTER
TUBING, TAPE, ADAPTERS
LOADS FOR 3/11 TO 3/15
CHAIR, SET ARMS
MATERIAL SALE
TENSIONING VALVE
SALT
SINKERS, ANGLE SQUARE
OPER DIVIS, CENT STATES WEA
SOCKET, RACHET, PLIER SET
page 5
--------------- - ---
$85.86
$10,151.57
$28.74
$16.11
$5.72
$4,266.71
9 143.03
109.13
$41.00
$83.86
$374.26
$13.84
$184,471.25
$200.14
$261.67
$3.50
$600.92
$314.00
$617.34
$114.30
$49.52
$4,835.00
$431.74
$32.00
$7,566.53
$1,551.09
$1,689.22
$524.33
$875.00
$25.96
$70.35
$100.00
$1,560.95
$61.00
$90.16
87.69
47.40
$158.30
$43.58
$3,653.36
,$149.19
$17.79
$399.44
$15.66
$148.03
$6.00
$42.36
$252,759.94*
$937,756.05*
0
IMMEDIATE PAY COUNCIL REPORT TUE, APR 9, 1996, 1:30 PM page 1
-----------------------------------------------------------------------------------
GENERAL FUND DEPT NATURAL RESOURCES DNR FEES TO BE SENT TO STATE
I.A.P.E. REGISTRATION -BARB MATHWIG
O QUOR STORE
PAYROLL FUND
CITY OF HUTCHINSON
LOTTERY PAYMENT
HOME BREWERY, THE
MARCH
MISC
PURCHASE
JORDON BEVERAGE INC.
MARCH
BEER
PURCHASE
LENNEMAN BEVERAGE DIST. INC
MARCH
BEER
PURCHASE
LOCKER BROS INC
MARCH
BEER
PURCHASE
PAUSTIS & SONS
MARCH
WINE
PURCHASE
QUALITY WINE & SPIRITS CO.
MARCH
LIQUOR PURCHASE
TRIPLE G DISTRIBUTING INC
MARCH
MISC
POP PURCHASE
AETNA VARIABLE LIFE ASS
GREAT WEST LIFE INS. CO
H.R.L.A.P.R.
ICMA RETIREMENT TRUST
PERA- D.C.P.
PRUDENTIAL
PRUDENTIAL MUTUAL FUNDS
PUBLIC EMPLOYEES
TEMPLETON INC
WADELL & REED
WITHHOLDING TAX ACCT
WATER /SEWER FUND MOTOR VEHICLE
TRANSFER
PAYROLL FUND MN DEPT OF REVENUE
1991 Medical Facilities Rev.
CO. EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EMPLOYEE CONTRIB
EXCISE TAX & LIC -1996 FORD EXP
WITHHOLDING TAX
Bond /Interest
--------------- -
693.00
275.00
968.00*
$606.00
$736.01
$1,030.85
$4,176.35
$5,167.30
$562.95
$2,166.84
$8,149.65
$22,597.95*
$690.00
$100.00
$158.93
$2,323.45
$52.02
$155.00
$318.46
$15,017.58
$248.46
$150.00
$31,244.23
$50,458.13*
$1,434.44
$1,434.44*
$75,458.52*
$5,982.41
$227,116.63
0
Meeting Minutes
City of Hutchinson Employee Safety Committee
March 28, 1996
Present: Jim Ford, Dick Nagy, John Arlt, Floyd Groehler, Doug Johnson, Gale Boelter. Ron
Carter, Eldon Barkiem, Hazel Sitz.
The meeting started with a report from Jim Ford about purchasing of safety shoes from Bruce
Christenson of Carlv's Shoes. Literature has been distributed to all departments as to selection and
prices.
Next on the agenda was discussion of the first draft of the City's safety manual. After a fair
amount of discussion by the group it was the consensus that the manual was going in the right
direction and members of the committee would forward in writing to Tom Kloss any changes they
would like to see and the sub committee would meet again to make the changes. There was also
discussion as to how the manual would be presented to department directors and employees.
Software has been purchased for the individual departments to put together their specific safety
programs. It will possibly be available on the City network.
Is Their was discussion by some members that some of the department supervisors seemed to have a
non - supportive attitude toward the workings of the safety committee. It was felt that perhaps
more communication was needed to these people as to the workings of the safety committee.
John Arlt reported that the bloodborne pathogens control kits were being distributed. He also
showed a selection of safety glasses available through Respond.
Last item of discussion was the possible purchase of CPR safety shields for the people who took
the CPR course. The people could purchase them for their own use.
Next meeting is April 25, 1996, 10:00 a.m. at City Center.
11
I ts: 03131196
T1ae: ',1:14%31
Page: 1
Item code Description
DEPTNO -) 1 (LIQUOR)
Cant 916 Subtotal % -)
DEPTNO -) 2 (BEER)
Count 560 Subtotals -)
DEPTX -) 3 (NINE)
Count 864 Subtotals-)
DEPT' 5 (ICE)
Count 3 Subtotals-)
DEPT)O -) 9 (RENT4(.:
Cant ; Subtoals-)
DEPTNO --T 10 (TOBACCO PRODUCTS)
c t at 197 S:btotals-)
--> 90 (MISC BEER) )
1 Subtotals-)
DEPTND -) 91 (MISC LIQUOR)
Count 1 Subtotals -
DEPTNO -) 92 (MISC MINE)
Count 1 Subtotals ->
DEPTNO -> 93 (MISC 6.51()
Count 324 Subtotals -)
Count 2868 Totals --)
is
'LIQUOR
HUTTCH*
YTO Sales Report
Extended
Cls Q-O-N cost Qt',
Sorts: DEPTNO
Ranges: DEPTNO
Summary: Yes
- Year to Oats Sales -- -- --
Cost Markelawns Sales Profits SP %
19222 134524.76 15925 123762.04
79;.6 52214.36 29151 165372.09
14;0; 54666.55 8849 33294.21
596 101.70
13
1057 1617.39 ^11 - 6272.94
4261 680.:.91 3713 5273.69
a:faaasa aseaameaua maammala aaaaaammaa
46597 255026.97 615% 354046.67
1712.65 157451.17 33664.13 21.4
785,76 237559.19 52167,10 22.0
;147.87 49546.86 ;6252.65 32.5
754.04 652.34 66.5
130.00 130.00 100.0
- 121.72 - 8316.30 204L36 24.6
trrtt
star
ttttr
83.13 7433.48 2159.79 29.1
uuauas uuaaaass meaam saase arise
3851.13 461191.04 107094.37 23.2
Date: 03/71/96
Tien: 11:12:23
Paget I
itas code Description
DEPTNO -) 1 (LIQil7R)
Cocas 916 Subtotals -7
DEPTNO -) 2 (BEER)
Count 560 Subtotals -)
DEPTNO - -> 3 (WINE:
Cunt 864 Subtotals -)
DEP'YO -> 5 (M
Court 3 Subtotals - ->
DEPTNO - -) 9 (RENTAL)
Cunt 1 Subtotals -)
DEPTNO -) 10 (TOBACCO PFf(1d1 M
Count ,97 Subtotals-)
DEPTNO -) 90 (Misr BEER)
Count I Subtotals --)
DEPTMO -> 91 (MISC LIQLM
awns 1 Subtotals )
DEPTNO -> 92 (MISC WINE)
Count 1 Subtotals- -)
OEPTM -) 93 (MISC 6.5 %)
Count 324 Subtotals ->
count Me Totals - -)
'LIQUOR HU CW
MTD Sales Report
On Extended - ----
Cl; ordr Q cost Qty
Sorts: DEPTNO
Ranges: DEPTNO
9Aury: Yes
-- Month to date sales
Cost Markdowns Sales Profits SP %
Ir"M 139524.76 5471 42825.44 637.38 � AM.05' 11767.6: 21.6
79E 5214.36 10571
68463.27
358.68 87598.62
19135.3.5 21.8
1410: 54666.55 3156
11709.50
483.99 17477.75
5768125 w.0
235
39.60
290.65
251.05 86.4
8
80.00
-- 80.00 10010
1057 _ 1817-39 -- 1110 - 2261.47 67.12 - 2956.53 647.06
wrrr
4281 6810;.91 1370 1881.20 35.36 2604.04 r 772,84 27.8
- _sx__a_ sxxssxssasx •sxxssas •_xx_x__2_ is_x_Eaq 2*5=gsixx gssixsxpin sx_x_
46.597 255026.97 21951 127180.48 1582.53 16560a'.64 38012.16 23.2
t