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mS . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 24, 1990 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Jon Lindekugel, Christ The King Lutheran Church 3. Consideration of Minutes - Regular Meetings of June 26, 1990 and July 10, 1990; Bid Openings of July 9, 1990 and July 16, 1990. Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - June 1990 2. Planning Commission Minutes - June 19, 1990 3. CAER Committee Minutes - June 13 & July 11, 1990 4. Burns Manor Nursing Home Board Minutes - June 1990 (b) On -Sale Intoxicating Malt Liquor License - Hutch Huskies Baseball Assoc. at Roberts Park for Three Dates (c) On -Sale Non - Intoxicating Malt Liquor License - McLeod County Agriculture Assoc. for County Fair (d) Appointments to Boards: 1. Park & Recreation Board - J. P. Auer 2. Hospital Board - Keith Weber Action - Motion to order report and minutes filed,issue licenses and ratify appointments 5. Public Hearing - 8:00 P.M. None 6. Communications. Recruests And Petitions None CITY COUNCIL AGENDA - JULY 24, 1990 7. Resolutions And Ordinances (a) Resolution No. 9298 - Resolution for Contract with MN /DOT to Provide Public Transportation Service in City of Hutchinson. Action - Motion to reject - Motion to waive reading and adopt Resolution (b) Ordinance No. 90 -24 - Standards for Temporary Location Recyclable Material Collection Action - Motion to reject - Motion to approve - Waive 1st Reading and Set 2nd Reading August 14, 1990 (c) Resolution No. 9299 - Resolution to Purchase Action - Motion to reject - Motion to waive reading and adopt Resolution 8. Unfinished Business None 9. New Business (a) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of services (b) Consideration of Application for On -Sale Intoxicating Liquor License and On -Sale Non - Intoxicating Malt Liquor License for Midwest Consumer Services at 101 Park Place Action - Motion to reject - Motion to set public hearing for August 14 (c) Consideration of Non - Intoxicating Malt Liquor License for Midwest Consumer Services at 101 Park Place Action - Motion to reject - Motion to approve and issue license (d) Consideration of Letting No. 2, Project 9008, Supplementary Agreement #1 Action - Motion to reject - Motion to approve 2 CITY COUNCIL AGENDA - JULY 24, 1990 (e) Discussion Regarding Remuneration of Boards and Commissions Action - (f) Consideration of Preliminary Plat of Schmidtbauer's 4th Addition with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve (g) Consideration of Conditional Use Permit requested by June Redman, Hwy 7 East with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve and adopt Resolution No. 9300 (h) Consideration of Preliminary Plat and Final Plat of Replat of Wagner Development Corporation No. 2 with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve and adopt Resolution No. 9301 (i) Consideration of Variance requested by Sherman Buschow, 7th Ave. and Shady Ridge Road with unfavorable recommendation of Planning Commission (split vote) Action - Motion to reject - Motion to approve and adopt Resolution (j) Consideration of Conditional Use Permit requested by Tom Daggett, Hutchinson Manufacturing with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve and adopt Resolution No. 9302 (k) Consideration of Annual Review of Conditional Use Permit for Dance Studio on Hwy 7 West requested by Jeff Munsell with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve s 3 CITY COUNCIL AGENDA - JULY 24, 1990 (1) Consideration of Final PUD of Miller Townhouses with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve (m) Resolution, Bond Counsel, Related to Hospital Bonding Action - Motion to reject - Motion to approve and adopt Resolution (n) Consideration of Hospital Building Project Guaranteed Maximum Price Action - Motion to reject - Motion to approve (o) Consideration of Mutual Aid Contract for Fire Protection Action - Motion to reject - Motion to approve and enter into contract 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment 4 9 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 26, 1990 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, Finance Director Kenneth B. Merrill, and City Attorney G. Barry Anderson. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of June 11, 1990 and Board of Review of June 11, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1990 2. PLANNING COMMISSION MINUTES - MAY 15, 1990 3. NURSING HOME BOARD MINUTES - MAY 23 6 JUNE 5, 1990 4. HOSPITAL BOARD MINUTES - JUNE 7, 1990 (b) REDUCED TRASH AND REFUSE RATE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order the report and minutes filed and approve the reduced rate. (c) PRESENTATION OF CERTIFICATE OF RECOGNITION Mayor Ackland presented Kenneth Jensen with a Certificate of Recognition for being selected "Mr. Hutchinson" as part of the Water Carnival activities. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 260 - LETTING NO. 4, PROJECT NO. 90 -03 Mayor Ackland called the hearing to order at 8:00 P.M. 1 �1 CITY COUNCIL MINUTES - JUNE 26, 1990 9 and read Publication No. 4132. Engineer Rodeberg reported that the property owners for lots one through four had submitted a letter objecting to the project. Mr. Lloyd Hemmah, 1310 Delaware Street, stated he would like to see city water main put in; however, it would destroy the street and his backyard. He thought the project should be rebid to justify some of the excessive costs. Engineer Rodeberg stated that it was a long water main for a few users so perhaps the project could be looked at again. Only one property was having a water problem. Alderman Torgerson moved to close the hearing for Roll No. 260 on Project No. 90 -03 at 8:10 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to reject Roll No. 260, Letting No. 4, Project No. 90 -03 and to waive readings and adopt Resolutions No. 9279 and No. 9280. (b) ASSESSMENT ROLL NO. 259 - LETTING NO. 5, PROJECT NO. 90 -05, 90 -06, 90 -07, 90 -13, 90 -14, 90 -18 Mayor Ackland called the hearing to order and read Pub- lication No. 4129. 1. PROJECT NO. 90 -05 - CARLISLE STREET The City Engineer explained the project cost was on a front foot basis, except for the cul -de -sac which was assessed per lot. All the costs would be divided out on each project. Mr. Burnell Sell, 540 Carlisle, stated that on De- cember 12, 1989 when the first hearing was held, they were led to believe that the total costs would be divided between 14 lots on the street and evenly divided. He expressed two concerns, namely the diameter of the cul -de -sac and how much area would be allowed between the house and the curb and gutter. He wanted to know the minimum amount. . 2 0 CITY COUNCIL MINUTES - JUNE 26, 1990 Engineer Rodeberg responded the minimum would be a 96 foot diameter. There would be a $950 differ- ence per lot, with the driveway panel making up the difference. The contractor doing the Hwy. 7 East project will be doing Project No. 90 -05. 2. PROJECT NO. 90 -06 - FLORIDA & ILLINOIS STREETS The City Engineer reported the streets were small- er than normal. The estimated cost on Illinois was $40.58 per square foot and $23.80 driveway cost. The Florida Street assessment would be on a per lot basis because of the shape of the cul -du- sac. However, the costs would be about the same for both projects. Mr. John Reynolds, 140 Illinois, commented that at the December hearing, the property owners request- ed the two projects be separated. Since Illinois is a dead -end street, it doesn't need a heavy sur- face. He felt the two streets should be separate and not one project. Mayor Ackland stated that the project could move forward for one street if the second street didn't want the project. Mr. Art Lenzen, owner of apartment building on Florida Street, stated he was opposed to the proj- ect. Engineer Rodeberg reported that several property owners had stopped in his office and called on the phone regarding the project and opposition to it. They all thought it was too expensive. 3. PROJECT NO. 90 -07 - HILLTOP DRIVE. PAULS ROAD LINDY LANE, MARK DRIVE. GARDEN ROAD Engineer Rodeberg reported on the project costs and commented on the different subdivision agree- ments in the area. Atty. Bill Haas represented Harold Thompson, owner of the 7 -Hi Motel. Haas stated his client's ob- . jection to the project was that the value of the 3 CITY COUNCIL MINUTES - NNE 26, 1990 property would not increase because of the pro- ject, and therefore, was not assessable. The street was useless for the motel and of no bene- fit. Atty. Haas asked about the assessment on the front of the lot and what it was for. His client had submitted a written objection to the proposed assessment. The City Engineer responded the assessment was for sewer and water. Mr. Ken Santelman, 106 Pauls Road, stated he had addressed this situation last December, although he never received a meeting notice. He had no quarrel with the project for Clifton Heights, but he did for Pauls Road and Hilltop Drive. There is no street surface on Hilltop Drive. Mr. Santelman wasn't sure how it was going to be platted when developed, and he owns all the property on both sides. He suggested a good dust coat for a few years would serve the purpose for some time. The area isn't going to develop any more traffic. Also, Mr. Santelman recommended forgetting about curb and gutter on Pauls Road down to Michigan. Engineer Rodeberg stated that in the future Mr. Santelman would have to cut in where the project was completed. It could be left as a rural sec- tion and pave up to the curb. At this time he did not know how it would be developed. The City could put in a 24 foot wide temporary road as it would be a wasted situation to put in a full road at this time. However, there would have to be some method of control of the water going down the hill. Mr. Lee Stritesky, 709 Hilltop Drive, commented he would appreciate a street to get over to Michigan. He would like to see the road paved, which would alleviate the sand problem. At the fall meeting, he brought up a fact about street lighting, and he would like to see the same lighting put in on Hilltop Drive as in the nearby area. Mr. Strites- ky also asked for an explanation of the crest of Hilltop Drive. He thought dust coating would be to the City's advantage and cut down on grading 4 0 CITY COUNCIL MINUTES - JUNE 26, 1990 required. Engineer Rodeberg stated the hill would be cut down. The width of the road is close to the right of way. The street would be the same width, but the right -of -way narrows down. Mr. Willis Wolff, 112 Mark Drive, asked about the assessments and when the project would be done. He was in favor of the project being done at the earliest date possible. Mr. Roman Haas, 113 Mark Drive, commented about annexation of the area. He thought the property owners were being billed for something they were - not getting if Santelman was compensated. He won- dered if the City was going to do the project right or only half -way. 4. PROJECT NO. 90 -13 - MCCLURE'S SECOND ADDITION • No one was present to be heard for Project 90 -13. 5. PROJECT NO. 90 -14 - LAKEWOOD TERRACE FIFTH ADDN No one was present to be heard for Project 90 -14. 6. PROJECT NO. 90 -18 - LIND STREET No one was present to be heard for Project 90 -18. Alderman Mlinar moved to close the hearing at 9:07 P.M. Motion seconded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve Proj- ect No. 90 -05. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve Project No. 90 -06, contingent on granting of easement for the street. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve . Project No. 90 -07, with Hilltop Drive to be done with a 5 CITY COUNCIL MINUTES - JUNE 26, 1990 shoe curb on the edge and the street to be normal stan- dards. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve Proj- ects No. 90 -13, No. 90 -14 and No. 90 -18, to adopt Roll No. 259, to award contract to Duininck Bros. for $384,797 and to waive readings and adopt Resolutions No. 9281 and No. 9282. (c) ASSESSMENT ROLL NO. 261 - LETTING NO. 13, PROJECT NO. 90 -23 Mayor Ackland called the hearing to order and read Pub- lication No. 4131. Mr. James Chalupsky, former property owner at 1205 Jef- ferson Street, contested the project. He stated his money was tied up in escrow. Ms. Gloria Paul, 1135 Jefferson Street, stated that 23 years ago the City took trees and obtained an easement. She asked about a letter stating they would not be assessed again. Atty. Anderson commented there could be a release because there were no other expected assesments in the area. Alderman Torgerson moved to close the hearing at 9:30 P.M. Motion seconded by Alderman Mlinar and unanimous- ly carried. The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve and adopt Assessment Roll No. 261 and waive reading and adopt Resolution No. 9286. (d) IMPROVEMENT NO. 90 -20, LETTING NO. 10 (SOUTH FORK CROW RIVER DAM) Mayor Ackland called the hearing to order and read Pub- lication No. 4130. No one was present to be heard for Project No. 90 -20. The motion was made by Alderman Erickson, seconded by 0 6 0 CITY COUNCIL MINUTES - JUNE 26, 1990 Alderman Mlinar and unanimously carried, to close the hearing at 9:31 P.M. Following discussion, Alderman Lenz moved to approve Option A, to order preparation of plans and specifi- cations, and to waive reading and adopt Resolution No. 9285. Motion seconded by Alderman Erickson and unani- mously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) UPDATE BY DIRECTOR OF ENGINEERING REGARDING RIGHT -OF- WAY ACQUISITION FOR "HOLE IN HILL" PROPERTY Engineer Rodeberg reported that MN /DOT did not want to give up any rights to right -of -way until it was advised of what would be done on the site. However, it might consider 75' up to the property. Following discussion, Alderman Torgerson moved to direct the City Engineer to write to the MN /DOT Design Engineer to pursue a 75' right -of -way. Motion seconded by Alderman Mlinar and unanimously carried. (b) REVIEW OF WORKMAN'S COMPENSATION AND LIABILITY INSURANCE COVERAGES BY AGENT DENNIS POTTER Insurance Agent Dennis Potter and Consultant Mark Fla - ten presented the 1990 -91 workman's compensation and liability /property premium renewals. Following discussion, Alderman Torgerson moved to elim- inate the $1 million umbrella coverage from the premi- um. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the proposal for renewal of the property /casualty policies and continuation of the workman's compensation under the "retro" program. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9288 - RESOLUTION ADOPTING 457 GENERIC DEFERRED COMPENSATION PLAN 7 CITY COUNCIL MINUTES - JUNE 26, 1990 0 The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to waive read- ing and adopt. (b) ORDINANCE NO. 90 -21 - ORDINANCE AMENDING CHAPTER 12, SUBDIVISION REGULATIONS (PLATTING) The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive second reading and adopt. (c) ORDINANCE NO. 90 -22 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.26, SUBD. 3(E) GOVERNING BINGO; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to waive first reading and set second reading for July 10, 1990. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HUTCHINSON HUSKIES BASEBALL ASSOCIATION PROPOSAL TO OPERATE A BEER CONCESSION AT ROBERTS PARK DURING SOFTBALL SEASON (DEFERRED 6- 11 -90) Mayor Ackland read a letter from the Hutchinson Huskies Baseball Association requesting to withdraw its propos- al from the agenda. (b) CONSIDERATION OF RATE ADJUSTMENTS REQUESTED BY JUNKER SANITATION (DEFERRED JUNE 11, 1990) Atty. Lee LaBore represented Junker Sanitation. Fol- lowing discussion, Alderman Erickson moved to approve a residential rate of $15.99 per month, effective July 1, 1990, which includes the 28 cents McLeod County tipping fee which also begins July 1, 1990. Seconded by Alder- man Mlinar and unanimously carried. Following discussion of trailer parks and commercial service, Alderman Torgerson moved to increase the com- mercial rate $4.00 /month /container and that the trailer parks be required to pay their fair share. Motion sec- onded by Alderman Erickson and unanimously carried. 8 0 CITY COUNCIL MINUTES - JUNE 26, 1990 A discussion on trailer court rates was deferred to a future meeting. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Alderman Mlinar moved to author- ize discontinuation of service at noon on July 2 unless other arrangements were made. Motion seconded by Ald- erman Lenz and unanimously carried. (b) PRESENTATION BY JAY BEYTIEN AND DIRECTOR DOLF MOON ON PURCHASE OF CHRISTMAS DECORATIONS Mr. Jay Beytien and Director Dolf Moon presented the Christmas decorations proposal. The Committee recom- mended two contracts for decorations from Display Sales: (1) Refurbish the present Christmas decorations for $5,200, and (2) purchase new wreaths, banners and signs for $13,090. It was also proposed to purchase 36 sets of brackets from Zins Manufacturing at an approxi- mate cost of $1,500. The remaining balance of the $21,000 available for decorating purposes would be spent for additional decorations in Library Square. Following discussion, Alderman Mlinar moved to approve the proposals and enter into two contracts with Display Sales and one with Zins Manufacturing. Motion seconded by Alderman Erickson and unanimously carried. (c) CONSIDERATION OF NAME CHANGE OF ORCHARD PARK TO ELKS PARK Following discussion, Alderman Torgerson moved to approve the name change and to waive reading and adopt Resolution No. 9289. Motion seconded by Alderman Lenz and unanimously carried. (d) CONSIDERATION OF ACCEPTING BID PACK ONE FOR HOSPITAL EXPANSION PROJECT Mr. Peter Worthington, Project Manager for M. A. Mor- tenson Company, reported on the hospital expansion project. He presented contracts with Northwest As- phalt, Inc. for earthwork and paving (contract cate- 9 CITY COUNCIL MINUTES - JUNE 26, 1990 0 gories 2 & 4) at a base bid of $252,300 and with Val- ley -Rich Company, Inc. for site utilities construction work (contract categories 3) at a base bid of $43,300. Following discussion, Alderman Mlinar moved to approve and award contracts to the two lowest bidders for bid pack one for the hospital expansion project. Motion seconded by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF SPECIAL CITY COUNCIL MEETING ON JULY 24, 1990 TO OPEN BIDS FOR 1990 IMPROVEMENT PROJECTS AND HOSPITAL BONDS Following discussion, Alderman Mlinar moved to approve a special meeting on July 24, 1990. Motion seconded by Alderman Lenz and unanimously carried. (f) CONSIDERATION OF RECOMMENDATION FOR 1990 DEPARTMENTAL BUDGET CUTS Following discussion, Alderman Mlinar moved to accept the proposed budget cuts of $21,297 with the remaining amount of the estimated $58,000 to come out of the fund balance, subject to review this fall. Motion seconded by Alderman Lenz and unanimously carried. (g) CONSIDERATION OF TIME TABLE FOR 1991 BUDGET Finance Director Kenneth B. Merrill presented a sched- ule for 1991 budget preparation. Following discussion, it was the consensus of the Council to have a balanced budget prior to September 1, 1990 certification by the County. No action was taken. (h) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 7 Following discussion, Alderman Mlinar moved to approve preparation of assessment roll No. 262, to hold hearing on July 10, 1990 at 8:00 P.M. to waive readings and adopt Resolutions No. 9283 and No. 9284. Motion sec- onded by Alderman Torgerson and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MANUFACTURED HOME REQUESTED BY NORM PONSFORD WITH SPLIT VOTE OF PLANNING COMMISSION 10 0 CITY COUNCIL MINUTES - JUNE 26, 1990 During discussion it was determined by the Council that the applicant no longer had control of the property for which the conditional use permit was requested. There- fore, no action was taken. (j) CONSIDERATION OF CONDITIONAL USE PERMIT FOR GARAGE ADDITION REQUESTED BY BOB HALL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve permit and waive reading and adopt Resolution No. 9287. Motion seconded by Alderman Lenz and unanimously car- ried. (k) CONSIDERATION OF VARIANCE TO REDUCE FRONTYARD SETBACK FOR DECK ADDITION WITH ROOF REQUESTED BY VERN BRELJE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to re- ject the variance based on the Planning Commission's recommendation that there was no hardship. Motion seconded by Alderman Lenz and unanimously carried. (1) CONSIDERATION OF TEMPORARY RECYCLING SITE COLLECTION WITH RECOMMENDATION OF PLANNING COMMISSION Building Official Jim Marka reported on the recommenda- tion of the Planning Commission to allow staff 60 days in which to draft an ordinance to address temporary re- cycling centers. Mr. Jim Henning, owner of Henning Metal & Recycling, inquired what ordinance had been violated by his busi- ness. City Attorney Anderson stated there were three issues involved. Mr. Jay Freedland, owner of Hutchinson Iron & Metal, defined scrap and stated other dealers should comply to the same ordinance requirements that he does. Following discussion, Alderman Torgerson moved to re- ject the Planning Commission's recommendation. Motion seconded by Alderman Mlinar and carried four to one, with roll call vote of Aldermen Lenz, Mlinar, Torgerson and Mayor Ackland voting aye and Alderman Erickson vot- ing nay. 11 CITY COUNCIL MINUTES - JUNE 26, 1990 Alderman Torgerson moved that the existing ordinance be enforced and that staff prepare recommendations for a revised ordinance. Motion seconded by Alderman Mlinar and unanimously carried. (m) CONSIDERATION OF LOT SPLIT IN WOODVIEW ACRES REQUESTED BY ROXANNE KOKESH (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to refer to County with no objection. (n) CONSIDERATION OF ACCEPTING BID FOR ULTRASOUND EQUIPMENT FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Mlinar moved to approve purchase. Motion seconded by Alderman Torgerson and unanimously carried. (o) CONSIDERATION OF ACCEPTING ANESTHESIA BID WITH RELATED . MONITORING EQUIPMENT FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Mlinar moved to approve purchase. Motion seconded by Alderman Torgerson and unanimously carried. (p) CONSIDERATION OF REQUEST FOR FUNDING FROM BAND BOOSTERS Mr. Doug Yerks, representative of the Band Boosters, requested the City contribute $250 to help defray the summer transportation costs for the Hutchinson Marching Band. Mayor Ackland stated the City would take the request under advisement for the 1991 budget; however, the City didn't have any extra funds for this year. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz presented an update report on the Shopko project. It was reported that a proposed City logo had been de- 12 CITY COUNCIL MINUTES - JUNE 26, 1990 signed and would be presented to the Council at the next meeting. Also, mention was made that the annual City picnic would be held on August 22. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz inquired about the bids for demolition or removal of the house on Glen Street. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar asked about the detours around town. He also commented on the Ludtke Lane sewer project and wondered who would pay for the cost of it. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson questioned if during the construc- tion process the hospital could accept bids without ap- proval from the City Council. Attorney Anderson stated the Council was the final authority. Alderman Torgerson inquired about the status of the Hornick project. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer John Rodeberg had received a request from UBC to do some building on Monroe Street. It would involve widening the driveway and putting in diagonal parking at their expense. No variance or conditional use per- mit would be required. The City Engineer reported on a request by Havemeier for water service to lot 1. It will be considered as an improvement project in 1991. The City Administrator suggested the property owner put in a new well. Engineer Rodeberg stated the water main work at the hospital needed to be done in the next two weeks. He questioned how it would be paid. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 0 13 CITY COUNCIL MINUTES - JUNE 26, 1990 The motion was made by Alderman Lenz, seconded by Ald- erman Mlinar and unanimously carried, to approve and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:07 P.M. 14 0 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 10, 1990 1. The meeting was called to order at 7:30 P.M. by Mayor Ack- land. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, Asst. City Engineer Cal Rice, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Jon Lindekugel. 3. MINUTES The minutes were not available. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JUNE 1990 2. AIRPORT COMMISSION MINUTES - JUNE 25, 1990 3. HOSPITAL BOARD MINUTES - MAY 15, 1990 (b) LICENSES FOR ST. ANASTASIA CHURCH ANNUAL FALL FESTIVAL: I. BINGO LICENSE 2. GAMBLING DEVICES LICENSE 3. RETAIL "ON- SALE" NON - INTOXICATING MALT LIQUOR LICENSE (c) GAMBLING DEVICES LICENSE AND BINGO LICENSE FOR ST. CLOUD WRESTLING ASSN. (HUTCH. TENNIS ASSN. & HUTCH. SWIM CLUB) The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to order the report and minutes filed and issue licenses. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 262 - LETTING NO. 7, PROJECT #90 -15 9 0 CITY COUNCIL MINUTES - JULY 10, 1990 Mayor Ackland called the hearing to order and read Pub- lication No. 4137. No one was present to be heard regarding this project. The motion was made by Alderman Mlinar to close the hearing at 8:08 P.M. Motion seconded by Alderman Erickson and unanimously carried. Alderman Torgerson moved to approve and adopt Assess- ment Roll No. 262, to waive reading and adopt Resolu- tion No. 9297. Motion seconded by Alderman Mlinar and unanimously carried. M 7. COMMUNICATIONS. REQUESTS AND PETITIONS None. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 90 -22 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.26, SUBD. 3(E) GOVERNING BINGO; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive second reading and adopt. (b) RESOLUTION NO. 9290 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9291 - RESOLUTION DECLARING PART -TIME PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND (OFFICER RICHARD STEUCK) The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. 2 9 CITY COUNCIL MINUTES - JULY 10, 1990 (d) RESOLUTION NO. 9292 - RESOLUTION DECLARING PART -TIME PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND (OFFICER SCOTT SCHUETTE) The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive read- ing and adopt. (e) RESOLUTION NO. 9294 - A RESOLUTION ACCEPTING $137,500 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9295 - AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM FIRST BANK OF MINNESOTA The motion was made by Alderman Lenz, seconded by Ald- erman Mlinar and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ISSUES INVOLVING DAKOTA RAIL, INC. (DEFERRED NOVEMBER 28, 1989) City Attorney Anderson reported on the various issues involved with the railroad. He stated the new owners of the Dakota Rail have expressed willingness to work with the City in resolving the issues. Following discussion, the City Attorney was directed to include the railroad issues as part of the Shopko nego- tiation meeting with Mr. Mills the end of July and report back to the Council in August. 9. NEW BUSINESS (a) CONSIDERATION OF PROPOSED CITY LOGO Following discussion, Alderman Mlinar moved to approve option " A" with double lines on either side of the logo. Motion seconded by Alderman Lenz and unanimously carried. 3 CITY COUNCIL MINUTES - JULY 10, 1990 (b) CONSIDERATION OF CIVIC ARENA CONTRACT WITH SCHOOL DISTRICT Following discussion, the motion was made by Alderman Mlinar to approve and enter into contract. Motion sec- onded by Alderman Erickson and unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR LETTING NO. 12, PROJECT NO. 90 -22 (DEMOLITION /REMOVAL OF HOUSE AT 115 GLEN STREET SOUTH) The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to award the demolition bid to Diamond 5 Wrecking for $2,200. (d) CONSIDERATION OF SETTING SPECIAL ELECTION DATE FOR SUNDAY LIQUOR REFERENDUM Following discussion, Alderman Torgerson moved to approve the September Primary Election date for the question as presented by the City Attorney and to waive reading and adopt Resolution No. 9293. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF ON -GOING WORK STUDY AGREEMENT WITH HUTCHINSON TECHNICAL COLLEGE FOR 1990 -91 SCHOOL YEAR Following discussion, Alderman Mlinar moved to approve and enter into agreement. Motion seconded by Alderman Erickson and unanimously carried. (f) CONSIDERATION OF PROPOSAL BY SAM ULLAND TO RESOLVE LITIGATION City Attorney Anderson presented the proposals made by Sam Ulland to resolve the litigation. He then recom- mended the following counter -offer for settlement: 1. Ulland would receive the proceeds of the auction of the mobile homes, less any expenses related to the sale itself; 2. Both parties would execute a Mutual Release of All Claims settling all issues, known or unknown be- tween the parties; 0 4 9 CITY COUNCIL MINUTES - JULY 10, 1990 3. The City would agree not to assess any additional costs related to this project to the Ulland proper- ty within the City limits of the City of Hutchin- son; 4. If the proposal was not acceptable, the City Attor- ney would proceed with establishment of a lien on the property owned by Ulland for expenses relating to this project. Following discussion, Alderman Torgerson moved to ap- prove the offer for settlement as presented by the City Attorney. Motion seconded by Alderman Lenz and unani- mously carried. (g) CONSIDERATION OF AWARDING BID FOR SANITARY SEWER SERVICE TO LUDTKE LANE Following discussion, Alderman Torgerson moved to ap- prove and enter into contract with Juul Contracting in the amount of $16,498.30, subject to receiving the re- quired easements. Motion seconded by Alderman Erick- son. Alderman Torgerson amended the motion to include receiving a 100% petition from the property owners stating they will waive the hearings and pay the as- sessment. Amended motion seconded by Alderman Erick- son and unanimously carried. Main motion unanimously carried. (h) CONSIDERATION OF REMOVAL OF DANGEROUS BUILDINGS AND HOUSING CODE ORDINANCE The City Attorney and Fire Marshall addressed the pro- posed changes in the ordinance. Following discussion, Alderman Torgerson moved to ap- prove and waive first reading of Ordinance No. 90 -23 and set second reading for August 14, 1990, with let- ters to be sent to realtors informing them of the pro- posed ordinance. Motion seconded by Alderman Erickson and unanimously carried. (i) CONSIDERATION OF TEMPORARY MOBILE RECYCLING ORDINANCE 0 Following discussion, Alderman Torgerson moved to defer l.1 CITY COUNCIL MINUTES - JULY 10, 1990 to the July 24, 1990 meeting for first reading of the ordinance. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated that it was necessary for the Council to approve the doctors'lease with the hos- pital in order to proceed with the hospital bond sale. The City Attorney recommended approval of said lease. The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to approve the doctors' lease with the Hutchinson Community Hospital. Administrator Plotz raised the issue of City Hall and the two sites that have been discussed, namely: (1) present site and acquire property to the north, or (2) Hutch Hotel and utilize the second and third floor. Following discussion of renovation costs, Alderman Mlinar moved that the City Administrator contact Short - Elliott- Hendrickson to do a study on the Hutch Hotel. Motion seconded by Alderman Torgerson and unanimously carried. The Council was reminded of the joint board meeting to be held Wednesday noon at the hospital. Also, mention was made of a visit on Thursday from the New York bond- ing company to review the City's bond rating. (b) COMMUNICATIONS FROM TWO Two ladies appeared before the Council to inquire about the increased cost for refuse service. They didn't think it was fair to be charged the same as someone with a lot of garbage when they practiced recycling and had very little refuse. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported that some members of the Hospital Board had requested remuneration for serving 6 9 CITY COUNCIL MINUTES - JULY 10, 1990 on the board. He then commented on the survey done of several cities. Only two cities paid board members; otherwise, it was on a volunteer basis. Alderman Erickson commented that the Nursing Home Board had unanimously stated it did not expect any pay for service. It was reported that the Safety Council was still con- cerned about two crossings that had been addressed pre- viously. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated that Shopko had requested an official resolution from the City approving the envir- onmental indemnity agreement. A written report on the wells testing will be completed soon. • Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 9296. Motion seconded by Ald- erman Lenz and unanimously carried. Attorney Anderson requested approval of $5,000 from the bond proceeds to provide funding for the HCDC options on the downtown redevelopment project. Alderman Torgerson moved to approve the recommendation of the City Attorney. Motion seconded by Alderman Mlinar and unanimously carried. It was reported that agreements had been reached with all but three affected property owners. Therefore, the City Attorney requested authorization to proceed with "friendly" condemnation if no agreement could be reached. Alderman Torgerson moved that the City authorize con- demnation, if necessary, in order to complete property acquisitions and the project. Motion seconded by Alderman Mlinar and unanimously carried. Attorney Anderson commented that Mark Nelson of Shopko had requested additional property for the project. 7 CITY COUNCIL MINUTES - JULY 10, 1990 . (e) COMMUNICIATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson inquired about PERA options for coun- cil members. (f) COMMUNICATIONS FROM MAYOR PAUL ACKLAND Mayor Ackland informed the Council of his recent fil- ing for County Commissioner. (g) COMMUNICATIONS FROM ROBERT HORNICK Mr. Robert Hornick and Mr. Dan Andersen of Nordan Builders presented the Council with an update on the development plans for the Hwy. 7 and 15 site. Sep- tember 30, 1990 was the proposed date for completion. The Council requested Mr. Hornick to present the Build- ing Official with a revised site plan for the August Planning Commission meeting. . 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. E:3 0 0 E MINUTES BID OPENING MONDAY, JULY 9, 1990 The meeting was called to order at 2:00 P.M. by City Administrator Gary D. Plotz. Also present were Finance Director Kenneth B. Mer- rill and Administrative Secretary Marilyn Swanson. The reading of Publication No. 4136, Advertisement for Bids, Demo- lition Or Moving Of House Located On S 38' Of W 60' Of Lot 9, Block 11, S 1/2 City of Hutchinson (115 Glen Street South), was dis- pensed with. The following bid was opened and read: Diamond 5 Wrecking Hutchinson, MN $2,200.00 - Demolition, Removal & Filling of Voids The bids were referred to staff for review and a recommendation. The meeting adjourned at 2:05 P.M. �5• L_J MINUTES BID OPENING JULY 16, 1990 The bid opening for asbestos removal was called to order by City Administrator Gary Plotz at 10:00 a.m. in the City Council chambers. Present were Mr. Plotz, Finance Director Ken Merrill and Mayor Paul Ackland. Mr. Plotz read Publication No. 4134 - Advertisement for Bids. Bids were as follows: BYNYX Inc. $294,440 Bid Bond 2375 E. Highway 36 No. St. Paul, MN 55109 Asbestos Technology k Training, Inc. 197,975 Bid Bond B40 Hampden Ave., Suite 110 St. Paul MN 55114 Mayo Systems 256,000 Bid Bond 167 James Avenue North Minneapolis, Mn 55405 The meeting was recessed at 10:15 a.m. The meeting was reconvened at 3:10 p.m. with additional bids opened: EnviroNet, Inc. 165,000 Bid Bond 7351 Washington Ave. So. Edina, MN 55439 -2407 Allegro Technology 206,485 Bid Bond 1408 Northland Drive, Suite 101 Mendota Heights, MN 55120 Bids will be referred to Pace Laboratories for review. Meeting adjourned at 3:20 p.m. s u JUNE CITY OF HUTCHINSON FINANCIAL STATEMENTS - 1990 JUNE I• NUE REPORT - GENERAL FUND JUNE YEAR TO ADOPTED BALANCE PERCENTAGE 154,200.00 CURRENT DATE ACTUAL BUDGET REMAINING USED TAXES 32,170.90 498,101.73 1,518,179.00 1,020,077.27 32.8% LICENSES 29.00 8,202.00 18,950.00 10,748.00 43.3% PERMITS AND FEES 6,302.86 67,986.38 91,300.00 23,313.62 74.5% INTER - GOVERNMENT REVENUE 3,663.00 109,281.56 1,476,380.00 1,367,098.44 7.4% CHARGES FOR SERVICES 54,186.27 236,568.62 532,699.00 296,130.38 44.4% FINES & FORFEITS 3,827.70 22,137.65 45,500.00 23,362.35 48.7% MISCELLANEOUS REVENUE 21,013.52 98,224.98 122,600.00 24,375.02 80.1% CONTRIBUTIONS FROM OTHER FUNDS 75,000.00 164,990.00 426,000.00 261,010.00 38.7% REVENUE FOR OTHER AGENCIES (894.64) 146.81 250.00 103.19 58.7% TOTAL 195,298.61 1,205,639.73 4,231,858.00 3,026,218.27 28.5% EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 2,538.06 20,702.89 36,476.00 15,773.11 56.8% CITY ADM. /CITY CLERK 13,177.04 82,809.11 154,200.00 71,390.89 53.7% ELECTIONS 0.00 2,852.31 7,230.00 4,377.69 39.5% FINANCE 15,416.27 138,249.24 237,955.00 99,705.76 58.1% MOTOR VEHICLE 5,990.57 38,266.05 70,835.00 32,568.95 54.0% ASSESSING 0.00 0.00 20,700.00 20,700.00 0.0% L 3,000.00 19,945.78 41,000.00 21,054.22 48.6% P .NING 763.07 4,779.66 7,800.00 3,020.34 61.3% CITY HALL 2,889.03 19,137.64 43,021.00 23,883.36 44.5% RECREATION BUILDING 3,365.77 22,287.14 58,382.00 36,094.86 38.2% POLICE DEPARTMENT 84,179.64 526,106.88 914,916.00 388,809.12 57.5% FIRE DEPARTMENT 13,772.89 51,164.71 109,560.00 58,395.29 46.7% SCHOOL LIAISON OFFICER 2,365.49 7,607.97 25,213.00 17,605.03 30.2% BUILDING INSPECTION 5,045.79 33,068.53 64,493.00 31,424.47 51.3% EMERGENCY MANAGEMENT 0.00 60.75 7,698.00 7,637.25 0.8% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE MARSHALL 3,567.16 24,637.04 47,965.00 23,327.96 51.4% ENGINEERING 17,865.10 114,108.99 234,057.00 119,948.01 48.8% STREETS & ALLEYS 29,872.69 175,576.99 399,123.00 223,546.01 44.0% STREET MAINTENANCE A/C 6,733.15 37,269.20 73,100.00 35,830.80 51.0% LIBRARY 15,366.24 48,076.11 68,996.00 20,919.89 69.7% SENIOR CITIZEN CENTER 6,904.47 41,252.61 81,291.00 40,038.39 50.7% PARK /REC. ADMIN. 8,723.56 51,074.39 99,496.00 48,421.61 51.3% RECREATION 21,299.94 63,223.80 159,947.00 96,723.20 39.5% CIVIC ARENA 6,067.19 66,152.23 109,753.00 43,600.77 60.3% PARK DEPARTMENT 40,538.20 196,807.30 428,262.00 231,454.70 46.0% CEMETERY 4,513.68 20,942.08 51,708.00 30,765.92 40.5% COMMUNITY DEVELOPMENT 2,608.01 18,441.46 32,170.00 13,728.54 57.3% CELEBRATE 1990 GRANT 0.00 456.30 0.00 (456.30) ERR DEBT SERVICE 0.00 16,000.00 53,287.00 37,287.00 30.0% AIRPORT 1,961.86 179,501.54 53,387.00 (126,114.54) 336.2% TldkSIT 6,456.24 52,731.57 129,784.00 77,052.43 40.6% , GY COUNCIL 1,530.23 2,837.63 14,642.00 11,804.37 19.4% S.C.D.P. COORDINATRO 3,274.19 147,987.10 33,589.00 (114,398.10) 0.0% UNALLOCATED 57,242.45 142,277.13 361,570.00 219,292.87 39.3% TOTAL 331,027.98 2,366,392.13 4,231,856.00 1,865,463.87 55.9% 11-1q - ( 1) 3jNE CITY OF HUTCHINSON 1990 JUNE ENTERPRISE FUNDS R REPORT - LIQUOR FUND LIQUOR SALES WINE SALES BEER SALES BEER DEPOSITS MISC. SALES INTEREST REFUNDS & REIMBURSEMENTS CASH DISCOUNTS TOTAL EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES SUPPLIES, REPAIR & MAINTENANCE OTHER SERVICES & CHARGES MISCELLANEOUS CAPITAL OUTLAY TRANSFERS COST OF SALES OTHER 19A REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS WATER SALES WATER METER SALES REFUSE SERVICES REFUSE SURCHARGE SEWER SERVICES PENALTY CHARGES INTEREST EARNED S C 0 R E REFUNDS & REIMBURSEMENTS OTHER TOTAL EXPENSE REPORT - WATER SEWER /FUND REFUSE W" SWER WASTE TREATMENT PLANT CONSTRUCT JUNE CURRENT 36,351.43 11,611.82 77,340.57 (129.62) 4,852.90 620.75 0.00 (81.53) YEAR TO DATE ACTUAL 202,132.05 55,672.06 341,695.09 (1,404.88) 20,629.40 3,089.73 0.00 (331.47) ADOPTED BUDGET 435,000.00 151,000.00 701,400.00 0.00 40,895.00 6,500.00 0.00 (2,100.00) BALANCE PERCENTAGE REMAINING USED 232,867.95 95,327.94 359,704.91 1,404.88 20,265.60 3,410.27 0.00 (1,768.53) 46.5% 36.9% 48.7% 47.5% 130,566.32 621,481.98 1,332,695.00 711,213.02 11,646.49 273.72 2,408.60 560.00 0.00 0.00 99,801.73 0.00 72,973.79 2,012.85 20,265.73 702.59 208.00 0.00 485,427.47 0.00 140,959.00 2,800.00 37,200.00 6,000.00 0.00 110,000.00 1,017,400.00 (3,200.00) 67,985.21 787.15 16,934.27 5,297.41 (208.00) 110,000.00 531,972.53 (3,200.00) 114,690.54 581,590.43 1,311,159.00 729,568.57 0.00 68,679.50 420.00 43,591.81 4,019.51 118,708.73 2,189.33 3,419.21 34,020.00 443.36 841.13 51.8% 71.9% 54.5% 11.7% 0.0% 0.0% 47.7% 0.0% 44.4% 0.0% 50.5% 22.6% 51.3% 53.4% 0.0% 32.7% 0.0% 427.4% 276,332.58 1,347,837.81 2,533,503.00 1,185,665.19 53.2% 0.00 260,931.42 1,470.00 226,260.22 14,293.31 741,722.54 7,113.01 52,274.45 34,020.00 1,204.98 8,547.88 0.00 516,400.00 6,500.00 441,203.00 0.00 1,388,400.00 11,000.00 160,000.00 0.00 8,000.00 2,000.00 0.00 255,468.58 5,030.00 214,942.78 (14,293.31) 646,677.46 3,886.99 107,725.55 (34,020.00) 6,795.02 (6,547.88) 42,728.40 251,899.10 452,300.00 200,400.90 48,183.25 316,482.47 1,019,479.00 702,996.53 32,983.82 725,908.22 1,658,117.00 932,208.78 0.00 1,989.84 0.00 (1,989.84) 46.6% 55.7% 31.0% 43.8% TOTAL 123,895.47 1,296,279.63 3,129,896.00 1,833,616.37 41.4% Y JUNE • REVENUE REPORT MEMBERSHIPS ADMISSIONS VIDEO GAMES POP CANDY CHIPS, ETC. INTEREST BLDG RENTS FUND RAISERS CONTRIBUTIONS TOTAL EXPENSE REPORT PERSONEL SERVICES OPERATING SUPPLIES OTHER SERVICES & CHARGES MISCELLANEOUS • CAPITAL OUTLAY TOTAL YOUTHCTR 20 DATES CITY OF HUTCHINSON FINANCIAL REPORT - 1990 JUNE ENTERPRISE YOUTH CENTER 15,267.78 54.2% JUNE YEAR TO (591.60) BALANCE PERCENTAGE CURRENT DATE ACTUAL BUDGET REMAINING USED 30.00 270.00- 2,000.00 1,730.00 13.5% 188.00 2,727.00 7,200.00 4,473.00 37.9% 800.00 800.00 0.0% 128.05 873.49 3,600.00 2,726.51 24.3% 93.65 498.92 3,600.00 3,101.08 13.9% 269.63 1,714.34 1,200.00 (514.34) 142.9% 15.63 128.44 1,000.00 871.56 12.8% 0.00 0.00 0.00 0.00 0.00 23,000.00 35,500.00 48,000.00 12,500.00 74.0% 23,724.96 41,817.19 67,400.00 25,582.81 62.0% 2,001.67 275.11 2,481.11 7.46 0.00 4,765.35 13,088.03 1,506.19 18,032.22 168.03 591.60 33,386.07 27,803.00 6,800.00 33,300.00 1,500.00 69,403.00 14,714.97 47.1% 5,293.81 22.1% 15,267.78 54.2% 1,331.97 11.2% (591.60) 36,016.93 48.1% ATTENDANCE Y.T.D 617 5,045 luj MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 19, 1990 1. CA LL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the .'ollowing members present: E1Roy Dobratz, Tom Lyke, Clint Gruett and Chairman Craig. Membirs absent, Dean Wood, Craig Lenz and Roland Ebent Also Present: Building Official Jim Marka. 2. 11INUTES ;fr. Dobratz made a motion to approve the minutes of the regular meeting dated Tuesday, May 15, 1990. Seconded by Mr. Gruett the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY NORM PONSFORD TO MOVE A MANUFACTURED HOME Vice Chairman Gruett-reopened the tearing at 7,31 p.m. Building Official Jim Marka --tated everything is in is order, all criteria are met on the manufactured home. Chairman Craig read a letter from Lee Heinen a neighboring property owner, opposing the proposal. Mr. Craig also read Section 6.07 of the Zoning Ordinance regarding the general welfare of the neighborhood. Mr. Gruett made a motion to close the hearing, seconded by Mr. Dobratz the hearing closed at 7,35 p.m. Mr. Lyke made a motion to recommend approval to City Council. Seconded by Mr. Dobratz the motion failed to pass due to a tie vote. Mr. Jack Alfredson, neighboring property owner, again voiced his opposition of his concern with the manufactured home fitting in the neighborhood. Discussion followed on the character of the neighborhood. Building Official Jim Marka called for a roll call vote, due to the tie, as follows: Mr. Lyke voted to approve, Chairman Craig voted to deny, Mr. Dobratz voted to approve and Mr. Gruett voted to deny. Therefore, the Planning Commission has no recommendation to the City Council. 0 , -A, <�� HUTCHINSON PLANNING COMMISSION MINUTES 6/19/90 (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BOB HALL FOR GARAGE ADDITION LOCATED AT 345 MONROE Chairman Craig opened the hearing at 7:50 p.m. with the reading of publication #4125 as published in the Hutchinson Le _der. on Thursday, June 7, 1990. The request is for the purpose of considering a conditional use permit to allow the owner to construct a garage addition to a nonconforming home located at 345 Monroe St. Mr. Hall commented on his proposal for the garage addition and the off - street parking requirements. Building Official explained the setback compliance. Discussion followed on the concerns with parking across the sidewalk. Leslie Smith, neighboring property owner, commented that he had no objections to the request. Mr. Dobratz moved to close the hearing, seconded by Mr. Lyke the hearing closed at 7:55 p.m. Hr. Lyke made a motion to approve the request. Seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF VARIANCE TO REDUCE FRONT YARD SETBACK . FOR DECK ADDITION WITH RDOF REQUESTED BY VERN BRELJIE, 922 HASSAN Chairman Craig opened the hearing at 7:57 p.m. with the reading of publication #4133 as published in the Hutchinson Leader on Thursday, June 14, 1990. The request is for the purpose of considering a variance by the owner to reduce front yard setback from 25' to 18' for construction of roof over deck located at 922 Hassan. Mr. Vern Brejlie commented on his proposed deck and the request for a roof only not to enclose the whole deck. He also mentioned the three variances obtained by the neighboring property owners on a duplex in 1983. Building Official Jim Marka stated the criteria since 1983 has changed but since 1985 the statutes and laws have become more restrictive. Mr. Lyke read MN Statute 462.357 regarding undue hardships and creating hardships. Discussion followed on the purpose of State Statutes and the recommendations. Mr. Lyke made a motion to close the hearing, seconded by Mr. Dobratz the hearing closed at 8:07 p.m. Mr. Lyke moved to deny the request due to lack of hardship. OA HUTCHINSON PLANNING COMMISSION 14INUTES 6/19/90 Seconded by Mr. Dobratz the motion carried unanimously. 4. NEW BUSINESS (a) DISCUSSION OF REPLAT OF WAGNER DEVELOPMENT CORP. REQUESTED BY MRS. WAGNER Mr. Don Erickson explained the replat on Wagner St. and Kay St. to make the lots larger. Building Official Marka stated the staff is favorable to the replat. (b) CONSIDERATION TO HIRE BILL WEBER TO INCORPORATE SHORELAND ORDINANCE INTO ZONING ORDINANCE Jim Marka commented on the complexity of incorporating the ordinance and recommended to wait with this decision for the time being. - 0 (c) DISCUSSION OF SAMPLE LANDSCAPING ORDINANCO City Forester Mark Schnobrich commented on his interpretation of the sample 1%ndscaping requirements. Building Official Jim Marka stated the sample seems somewhat cumbersome for Hutchinson. Discussion followed on the requirements for cities the size of Hutchinson. (d) CONSIDERATION OF TEMPORARY RECYCLING SITE COLLECTION Building Official Marka commented on the events leading to this discussion. The City Council directed the City Administrator to instruct the Building Official the enforce the ordinance. Mr. Jim Henning, Henning Recycling, commented the present zoning ordinance. He stated his main objective is to be reliable and asked to allow him to remain in the location he is at until the ordinance is revised. He then explained his operation, the parking and cleanup. Discussion followed on the enforcement of the ordinance and recommei.daticn to City Council. Mr. Don Erickson commented on his view of temporary recycling and stated an ordinance is necessary. Chairman Craig moved to recommend to City Council to hold 3 HUTCHINSON PLANNING COMMISSION MINUTES 6/19/90 the enforcement of the present ordinance up to 60 days to allow staff time to draft an ordinance to apply to temporary recycling centers. Seconded by Mr. Lyke the motion carried unanimously. (e) DISCUSSION OF UTILITY SHEDS Building Official Marka explained the City Council directed him to bring this discussion to the Planning Commis: ion to revise the ordinance to accommodate larger utility sheds. Chairman stated that 12' X 16' utility buildings should be allowed. Mr. Marka stated they should differentiate between new or old being moved unto the lot. Discussion followed as to a 10' x 12' or larger shed be incorporated into the ordinance with or without a conditional use permit. (f) DISCUSSION OF HOUSING CODE /DANGEROUS BUILDING CODE Mr. Marka commented on the need for a code to tear down dangerous buildings and explained various cities have drafted ordinances to understandably define hazardous buildings. Fire Marshal George Field explained the legal aspects. Building Official Marka explained this is a City Code but the Planning Commission should be aware of the ordinance. It was the consensus of the Planning Commission to proceed with the proposal of this ordinance. (g) CONSIDERATION OF LOT SPLIT IN WOODVIEW ACRES REQUESTED BY ROXANNE KOKESH (2 MILE RADIUS) Roxanne Kokesh explained the proposal and her discussions with County Zoning Administrator Ed Homan. Mr. Lyke moved to approve the lot split with no objection, seconded by Mr. Dobratz the motion carried unanimously. (h) COMMUNICATION FROM STAFF Building official Harka stated that BRW will correct the Comprehensive Plan. 5 ADJOUR14ENT There being no further business the meeting was adjourned at 9:25 p.m. 4 CAER COMMITTEE MEETING June 13, 1990 The CAER Committee met on June 13, 1990, at 11 :30 and was held at the Hutchinson Police Department. The following members were present: Dick Desens, Lisa Grina, Lance Heaton, Duane Hoeschen, Steve Hadson, Jim McKay, Paula Rybak. Jim McKay, chairing the meeting, called the meeting to order at 12:00. He stated that the committee would review the revised annexes and standard operating procedures. Discussion was then begun on the Basic Plan. The following Annexes and their respective SOPs were also discussed Annex A, Annex B and Annex C. The changes that were discussed regarded incorrect names, addresses and /or phone numbers. These changes will be made where appropriate. Lisa Grina handed out copies of the Emergency Response Commission Report dated May 1990 that she had received from Chairman Higgins. Members not present will receive a copy with these minutes. The next meeting is scheduled for July 11, 1990 at 11:30 at the Hutchinson Police Department. Ll EMERGENCY RESPONSE QOMMISSION REPORT May 1990 A periodic report on the implementation of the 'Emergency Planning and Community Right -to -Know Act' 111) in the State of Minnesota. Toxics, CFC, and HAZMAT Team Bill Enacted The "Minnesota Toxic Pollution Prevention Act (S.F. 2173, H.F. 2198)," the Comprehensive Chlorofluorocarbor Reduction and Recycling Act," and a bill which directs the Commissioner of Public Safety to develop an operation3: plan to establish regional hazardous materials response teams (S.F. 2194, H.F. 2458) have all been enacted. The toxic pollution prevention act expands the current pollution prevention assistance program; establishes a grant program to study or demonstrate technologies for preventing pollution; requires Section 313 facilities to prepare a plan which outlines objectives for reducing the release of toxic chemicals and to file an annual progress report; and establishes a pollution prevention fee. The act provides appropriations and one staff position to the Commissior for technical assistance and compliance. The CFC act, which was added to the toxic pollution prevention act. requires recycling of CFCs when processing or servicing scrap automobiles, refrigeration equipment, and mobiie air conditioning equipment. The enacted version does not add CFC„ and CFC to the toxic chemical reporting list far Section 313. The regional hazardous materials response team act requires that an operational plan along with recommendations for further legislation be submitted to the legislature by January 1, 1991. The plan must cover the number of teams needed and their locations; equipment, training, and certification; liability, a method for contracting with local government; and a fee system to support the program. The Commissioner of Public Safety, Paul Tschida, intends to establish an advisory committee in June to assist in developing the plan. Commission Develops Enforcement Strategy and Handbook On April 12, 1990, the Commission adopted a compliance and enforcement strategy to identify facilities that have not complied with Title III and to determine the appropriate level of action following a violation. The str v outlines a process that includes informational letters, compliance orders, stipulation agreements, civil judicial ac and criminal enforcement. The decision on the appropriate enforcement route to be pursued depends upon the , e of violation and the circumstances surrounding the violation. The Commission also prepared an enforcement handbook to provide guidance to other state and local government agencies on enforcement of the reporting and notification requirements of the federal and state emergency planning and community right -to -know acts. The Commission intends to conduct training sessions on Title III enforcement this summer. U.S. EPA Releases 1988 Toxic Inventory Data On April 19, the U.S. Environmental Protection Agency released to the public data submitted by facilities under Section 313 for calendar year 1988. Nationwide toxic chemical releases in 1988 were nine percent lower than 1987. Minnesota ranked 24th in total releases and transfers in 1988. The five states reporting the largest amounts were Louisiana, Texas, Ohio, Florida, and Indiana. The Commission intends to release the 1989 data for the State of Minnesota this fall. That report will also include facilities filing late 1988 reports and voluntary revisions. U.S. EPA Provides Title III Grants The U.S. Environmental Protection Agency has issued notice on the availability of funds for two grant programs. One program would enable states to initiate or enhance their toxic chemical reporting data quality assurance efforts. The other program would enable states to strengthen the capabilities and operation of their local emergency planning committees. The Commission has submitted an intent to apply for these program grants. Commission Conducts Meeting on Fees On May 10, 1990, the Commission held an informal meeting to obtain information and opinions concerning proposed fees to cover the data management costs for Title III. State law requires the Commission to establish by rule a fee to be paid by a facility when the owner or operator submits its emergency and hazardous chemical inventory f (Section 312) for calendar year 1990 and annually afterwards. The two alternatives under consideration are: fee paid by a facility based on the number of chemicals reported (1 -9 chemicals is S25, 10 -49 chemicals is $ 50+ chemicals is $1000), and (2) a fee paid by a facility based on the number of chemicals reported but small business pays a flat rate of $30 regardless of the number of chemicals reported (1 -9 chemicals is S30, 10 -49 chemicals is 5100, 50+ chemicals is $1000). The Commission is receiving written comments on the alternatives through June 15, 1990. For an information paper on the fee proposal, contact the Commission office. ,t b Commission Addresres'SRCtton 313 Bitpanslosz" The Commission intends to create a focus group to address expansion of the toxic chemical reporting (Sectiot 313 requirements. The State Legislature directed the Commission to prepare a report on the types and sizes of facilities ecommended for expansion. The focus group will assist the Commission in developing recommendations fo expansion and changes to the toxic chemical reporting requirements for the state of Minnesota. For additiona information, contact the Commission. CAMEO II -DOS Available Summer 1990 The CAMEO II -DOS should be available during Summer 1990. The CAMEO 11 -DOS operates in IBM and IBM - compatible computers and will be available "at cost ". The information management functions supported by the new system include: retrieval of chemical specific information, maintenance of emergency response plans, organizatior of .Title III data, and storage and display of area maps. Roseau County and the City ofcCottage Grove have bee. selected as user test sites. For further information, contact Tony Jover with U.S. EPAAt. (202) 382 -2387 or thr Commission. ERC /RRCs Meet In Two Harbors On May 29 -31, the Emergency Response Commission and Regionil�Review Committees will meet for a worksho; and joint meeting in Two Harbors, Minnesota. The workshop includes review of plan preparation and revie•, criteria, guidelines for formation of LEPCs and planning advisory committees, compliance and enforcemen strategies, and emergency response to spills. Demonstrations of the Commission's data management system an( ARCHIE computer software will be presented. A joint meeting on May 31 provides an opportunity for th, Commission and RRCs to discuss issues of mutual concern. Prepared by: Lee Tischler, Director Minnesota State Emergency Response Commission -------------- Minnesota Emergency Response Commission 290 Bigelow Building 450 North Syndicate Street St. Paul, MN 55104 DICK HIGGINS HUTCHINSON TECHNOLOGY 40 NEST HIGHLAND PARK HUTCHINSON, NH 55350 CAER COMMITTEE HEFTING July 11, 1990 The CAER Committee met on July 11, 1990, at 11:30 and was held at the Hutchinson Police Department. The following members were present: Bob Bowen, Dick Desens, George Field, Larry Graf, Lisa Grina, Lance Heaton, Dick Higgins, Duane Hoeschen, Steve Madson, Jim McKay, Paula Rybak. Chairman Higgins called the meeting to order at 12:00. He asked for a summary of the last meeting from Lisa Grina. Lisa stated that the committee had discussed the Basic Plan, Annex A, B, and C and their respective SOPs. Chairman Higgins then asked Duane Hoeschen to inform the committee of information he had obtained at a meeting. Duane Hoeschen stated that the committee could be recognized at the state level as either a Local Emergency Planning Committee (LEPC) or a Planning Advisory Committee (PAC) if they so desired. After some discussion it was decided that the committee would first review the handout regarding the guidelines before making any decision as to being recognized as a PAC. Chairman Higgins then asked which Annexes and SOPS were still outstanding. It was determined that Annex D, G, and K were stil outstanding. Discussion was then begun on Annex E and its SOP. Discussion was also held on Annex F, H, and J and their respective SOPs. Through the discussion it was determined that Annex J needs to be expanded, a list needs to be included which contains secondary individuals as backups to the EOC personnel, and names, address and /or phone numbers need to be updated. Annex G and I were skipped and will be discussed at the next meeting as well as Annex D and L. Annex K will be ready for the September meeting. The next meeting will be held on August 8, 1990 at 11:30 at the Victorian Inn for the buffet lunch. BURNS MANOR MUNICIPAL NURSING HOME Minutes - June 1990 The Board of Directors for Burns Manor Municipal Nursing Home met Thursday, June 27, 1990. Chairman Jim Mills called the meeting to order at 12:05 p.m. Members present: Jim Mills Don Erickson Marge Putney Kay Peterson Elaine Black Roger Gilmer Robert Koepcke, Secretary Linda Callier, Assistant Members Absent: Ancher Nelsen Press: Robin Schoen, Hutchinson Leader Jenny Ingebrigtsen, KDUZ news Guests: Linda Nelson, Good Neighbor MINUTES REVIEW: Motion by Don Erickson and seconded by Kay Peterson to accept the minutes of the May 24, 1990 meeting. All in favor. Motion carried. FINANCIAL REVIEW: Robert discussed the fluctuating census, changes made in the budget, the aged trial balance report. High Medicaid accounts receiv- able due Lo errors on there part and ours. We are appealing the pro - perty rate, which amounts to approximately .12¢ per day. In regards to the Zel Trust, it was decided betweeen the C ngre- gational Church and Burns Manor to have the Zap Bank continue to manage their individual distributions from Lhe trust. The cult of these services will amount to $700.00. A motion was made by Kay Peterson and seconded by Marge Putney to have Jim Mills sign the authorization from Zapp Bank. All in favor. Motion carried. CAPITAL BILLS: Patch Erickson Madson Watten, Inc. 10,458.91 A motion was made by Don Erickson and seconded by Roger Gilmer to pay this bill. All in favor. Motion carried. CONSTRUCTION UPDATE: Construction has begun, going well with the crew showing concern for our residents. Generator is for sale, possible interested party. TAX SHELTERED INSURANCE: Colonial representatives were here and talked to employees. The contract was changed to include 30 hr per week employees, from 35 hrs per week. OPERATIONS REPORT: 5/18/90 - 6/25/90 8 Admissions 9 Deaths /Dishcarges •(�, June Minutes Page 2 OFFICE OF HEALTH FACILITY COMPLAINTS: We recieved a letter from this office noting residents having to wait up to 45 minutes in the hall before each meal. We are taking care of this matter by construction and other measures. INVESTIGATION: An investigation is under way, Nurse suspended due to not re- porting to Doctor. STANDARDS -GOOD NEIGHBOR: Standards are up over 90% in 7 of 13 areas. PHARMACY CONSULTANT: Brad Lueneburg has resigned-as consultant effective July 1, 1990. Local Pharmacists were contacted, with no interest_ We are in the process of locating a consultant. SAFETY SURVEY: Report was given to the board. EMPLOYEE COMMITTEE: Jim Mills discussed his being a guest. Concerns of replacing current committee with new members. Jim Mills encourages Committee Lo continue and to rotate members. ORGANIZATION: - Jim Mills discussed compensation for Board member; and 110 felt it should be voluntary. Roger Gilmer commented, he was not looking for compensation. Elaine Black - no compensation. CLINT FAUN will be back in August for Strategic Planning for goals for Burns Manor. A meeting with the Hospital Board and Burns Manor Board will be held on Wednesday, July 11, 1990, 12:00 noon at the Hutchinson Community Hospital. NEXT MEETING: The next meeting will be held on July 26, 1990 at 12:00 noon in the multi - purpose room, with sandwiches. Motion was made by Marge Putney and seconded by Elaine Black to adjourn the meeting. All in favor. Motion carried. eltfully Sybry.3tted: o ert oepcce, ` ecretary 0 by Linda M. Callier, Assistant ATTEST: IAMB M; rk,; -m 3"k'. ,. "y ;# ,�....'- ;_.ra,r�..3,:?;,. r. ..- Y�+',�'%''.',- :.ems -.. .. �,h #'tA°b<-?!R'y?�.� �.,/k�.,�e- 1F•3'.: Short tees ['call Nu. x:ta- Maort.. s. twM lL.w r $25.00 M it 1- xx_...rxy wM I.,.... '.W 1'.ylr alw. "a MI neon Myne Mnmrl...errMt M IiL "PAIL 1 eON SALE" Mate of .0lilntc5oto, CUI'.rTl'Ud. .....McL. end.. ___ .............. _ ..... ... _.j �y IAA• °hi nsaLL__._........_._._ 1'o the ..._.. city.. Council .........................of the ....... cit .......................... of .... Ilutchi Jason................ ............................... ............................... _. ... State of Minnesota: .... ..Hutch .11uskias....Basoball ... Assn . . .............. _..,._._..._. hardy olipl. its. for a linnet for the term of ...................._Lwo days 28th _... ....... ......_ front the .... ......__.. .. ......_.tea o ....._. y J....... __ ...... ........ _..... 19.70.. , to sell At Retail Only, Non - Intoxicating Malt Liquors, as the saute are depnrd by law, for eonsumpiton "ON"r those eerlain Promises In l/w ...... .__ ............. . _ _ _ Ilut . ..... __............_ CitY.._ .... ............................__. f chinson described as follows, to-wit . ..... .... ............................... _. ............... Concession Stand Roberts Park ' at which place mid applieonE.....",nd......the bwtnew of ............. �_........_..... ........_..... ..... ...... ......... _ ......... . __......._.....__ ...................... ..... ........ and 10 that end represent....and state....: as follows: 1'hut said appl icant._ ..............._... i. s"a_..... ...............oititen......'of the Untied Slaty; of food moral character and ryw7e.; and h.a .. _.attained the aft of 91 years: t hat... . ............................. ... .. .. . __...... proprietor _..... of the ......... . . rs6,l; i.J.,arnt for a hick the license will be iuuwd if this application is (ranted. Tho1 no mane faelurcr of such wg%.intoctoattnf inall liquors has any ownership, in u•huls or in part, in su Ll basin" of saill applicant .... or any Interest therein; . 11 le said upplinrnl._.rnuAe ...Chit application pu suanE and subject Co all the law, of the Setae of .If in e..,r. and file orrlinanees and refutations of Bald..___..... City.._._.......... .__..__.__..___ „— .__�— ___..._.. uppt;, „hlr theralw, no are hereby pads a part hereof, and hereby afree.... -to observe and rhry the tune; ._ _....... _. _._ _..._ ........ .. nYWr.s.tt4 11 W. of tool rre.Nllx.rl Rcconuucnd approval with restrictions and requirements as in past No beer allowed to be brought into bleacher or ball a k are ro out ide. [)rivers license I.D. to be required for purchase. Beer nut to be consumed off ball park area. l•: orb nppbrun7 furlher states that -he is not now the holder of, nor has he made appliraliwJ for, �� ^r /-,- .I J+,• iul. nd fo luahe application for a Federal Retail Dealer's Special tax stamp line the sale of ut hi.,ru tu,A liquor. Dated Board Member etpplironE _. P . O. Address _ .............................. _........ _ ....... ........... l w Short Term $2S.00 IWAIL "iON SALV �&tatr of Iffilillegm, VOUXT I' OF w. Loped-00.0 . . ......... 0 ....... ..... .. ..... City .. . .. ..... . TO the City Council -of the ..... c4.ty ............................ Of ..... Hal:U.3 . ............. .. .. .. ..... - ... ................ . ................... . .State of Minnesota: ...... . ..... . ... . ...... . ........ . . ................ .. . .... h,rrl a I p ics fd' U li-ni's for the term of . ............. . 2 day's ...... . ..... ............... ... . ........ __ . . ..... . ...... /,on, the ............ . ... day of August 90 " ' _' -------- to sell At Retail Only, Non-Intoxicating Malt Liquoza, as the sa-w am defined. by taw, f consump 4,0.r' these corgal, promises In, the . ... . ..... . . . ....... City—, I I .............. I ................ . ..... . ..... 'of dese,ibed a* foll t . ........ . _ Concession Stand Roberts Park at which place said applicant ..... oporate a Cho business .. ... .. � ................... — .... . ...... ....... . ........ . .... .... ......... . and to that end represent sand del f Tlwt said appii"no .......... . ...... is A- -- ......... ... .... Oftl2f)l -of the United States, of fo mora character Ondrellille;andfla .. attained tha,z000f 91 years that ........... . .............. ... ..... .... ..... .. . . � proprietor'. �, of thit 1 'lent for which the licentia will b i ssue d it this application is jfranted. T)iat m mani,jactur o f ouc awn-inj"jouling note liquarr has any owners i u ,1 10 1 6 or in, part, in OW'd hilsin6w of salit applicant., or any interest therein; Th,jtpaiplapplie�rnt thle aPPlicalion, Pursuant and sabieve to all the laws o f the State a/ "pill el ..... lillance, and "Afulaflone of appL thereto, whiel, ar hereby made a part herrof, and hereby afrose to obolirt-, and ohey the sit pie; .................. — .......... . ........... . .......... . .. . .. . . . ................... ......... in.. pliho, lipitw.m V .,. .( h,,A Re,onmiend approval with restrictions and requirements as in past. No beer allowe,l to be brought into bleacZ o: parka frjMutstdc. Drivers license T.D. to be required far r,h Boer not to be consumed off ball park area. 1- ...... I f,,,th,, t,t,, that .he is not now the holder of. nor has —die made applivaiv f ..... . 1— " —he it, em/lip make application f 4 Federal Retail Dealer's Sperial tax stamp feir the sale of mhol hill .. r, Dated .......... t Ltjjy L2 19 90 , Iv �. ;l'. 4. e Q .. . ......... B2a�Ld_Mgaber P. 0. dddross 0 9 0 9 Fom N., 235-N . & ,," j . ". .. ..... ..... ... .... Short Term $25.00 RETAIL "ON SALE's Mots of jailintota, COj1. uF . ...... McLe'.0d ........ . ................... . .... Putcbirtson To the City Council ... .............. ... of the...CA�Y ............................. o f .... Hutchinson ................ I .............. .........I ................................. . ..... State of Minnesota: /,m u. firrnse fur the teen a/ . ......................... . .... . ........... ....... . . ..... ... . ....... two..da)m .... . ...... . .......................................... from fhr -18,h .. . ................. ....... day 19 to r ,It At Retail Only, Non-Intoxicating Malt Liquors, Ole se"I14 are delturd by law, for consumption "OX' these certain premises in the ..: _._........_ .... City ................_..............of ......... . klutcb.inm ...... ... . .. ......... .... . ........... de.r,ibed as follow" lo-wit:. .. .......... ................... . ........ . ...... . ...... Concession Stand Roberts Park at which pl.e nail applicant Opemts Via business of. ........_ . I . ......... ... . ................ ..... . . ....... . ........ .. .- . ... . ....... ............... and M drat end "present awl etate. ... as follows. I h,d sold applicant. _ ..... _2 5_ a ............ .................. 41tizen of the Unierd Stater; of good mora elm roew and ,mdr;and hn attained the age of 21 years; that . . .......... .... .. .. ... . ... ............ proprielo,.. . of the -1 fir rt hwh the liernse will be ismed if this application is fronted. 7 "' no man uj arks rcr Ofluch nualt llq"re has any ounership, 1 whole or i part, i n :aid bf(sinrls of {aid oloplizant.. or any intere therein; t ... I,ke this application pur and subject to all the law, of the State of " the a,,Unan,res and re&Zaiione of said... IfIlh-,ble thmf-, ,W.h ar hereby mode apart hereof, and hereby altra, to o an d o th some; Recommend approval with restrictions and u iramentyas in past. No beer allowed to be brought intor4,..hrrr bail de. Drivers license I.D. to be required for purchase Beer not to be consumed off ball park area. trit 1, opplirant further states that .he is not now the holder of, nor has ..he made applicati for, my d-, --Jre t'lle"d to make application for a Federal Retail Dealer's Special tax stamp for the sale of rut:.0 relict,' hqu,,r. ,July 12 Doled .. . ... ..... ..... . ...... 19 _Kober ... ............ ........ .. P . 0. Jeldres, .............. ...... . ....... .. . ..... . . . . ............. ................. ... ............ ..... . .... 4 ... ... N-235 j oe. ' 60 4 ROfAIL "ON SALE" sb-tatc of Bialloota, t e� acv VOUYTY OF ....McLeod S city No It b ... . ...... I ........... ..... ... — OF To the City Council. of the ... .......... city .. ..... . .. Hutchinson . Of ............................... ....... I .. .... State of Minnesota: The McLeod_ County Aqricultyr.e Assn ... ....... . ........................... ... ............. . ....... .. ....... h, for a lien" /V, the term 01..— ............... 5JAY-§ ................. . ..................... . ... . ...... . . 17th day a/ . August 90' .. . ....... to sell At Retail Only, Non - Intoxicating Malt Liquors, av lit, ;,iaw are defined by law, for consumption "OV" those certain prermise, In the ...... , C ity __. ...._.._of MM�!*i .. .......... .... .... .... .... .......... de.,"I'd as McLeod County Fairgrounds of which plaer s ail applicant operate the bnaines, of. . . .... c99at.Y ......... .. ......... .. ... .. .... .......................... ........... an I f, 'hat end represent and state. jolloles: I /,at s aid applicn nt I is a .. ... . . ....... oilizen of the United States; of grood moral eharlar;er and ""af';a.d /,a attained the are of 21 years; that -proprietor . of the "t"f . i ..... it for urhicle the license will be ismial if this applicati is granted. Tit, t no oanafarturer of each malt liquors hau any o rship im whole or in part, in said lin of said applicant or any interest therria; 1; s,i,l applicant make this application pursuant and mbjeot to all the laws of the State of X, r . ... ... and the o ,dinarr,s and rejaZatiom of said ......... ... CiIY .......... ......... ... ...... ... . .. . lhe,vto, ohi, IL are hereby made a part hereof, and hereby alfree ..to obsn-o and o th aa ,,, c; (H—.aas qLV r.n W 4 It 'qrruisil-s) , end JPPruval klith restrictions and requirements as in o t. Etter to be sold in cups only. Drivers license I.D. to be required for h Jeer not to be consumed off area. !":;'p; .. sa fur ther .via le., that ---he is not now the holder of nor has --he made applirohnn far. 1. "ttead I" make alPI)II(ation for a Federal Retail Dealer's Special tax stamp for the sale P. 0. efddremr . .. ... P.O. Box ' 142 Hutchinson MN 55350 . ........... . . . ........ . ...... ..... ..... 1 1-g I 0 RESOLUTION #9298 Resolved that the City of Hutchinson enter recipient organization into Contract # with the state of Minnesota, Department (1991) of Transportation, to provide a public transportation service in the City of Hutchinson, MN (service area) Further resolved that the City of Hutchinson agrees (recipient organization) to provide 40 percent of the total operating cost and percent of the total capital cost of the transit project from local funds. Further resolved that authorization to execute the aforementioned Contract and any amendments thereto is hereby given to the City Administrator or the Mayor (title) (title) Further resolved that the City Administrator or the (title) Finance Director is hereby authorized to execute requests for (title) reimbursement from the Minnesota Department of Transportation. CERTIFICATION i hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by t Hutchinson City Council at a duly authorized meeting thereof held on the 24th day of July , 19 as shown by the minutes of said meeting in my possession. name Ci ty Ad atnr tit e 7— /1 Page 30 RESOLUTION NO. 9299 0 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE I DEPT. BUDGET VENDOR Sand and Rock 2,750 Street Maintenance Street Yes Meeker Washed Sand Road Oil 5,530 " " * Yes Rock Refinery *Cost to be shared by County on 2nd Avenue restoratio r The following items were authorized due to an emergency need: ITEM Date Approved: is Motion made by: Seconded by: COST PURPOSE I DEPT. I BUDGET I VENDOR Resolution submitted for Council ac*_icn by: " T C', (612) 587.5151 HUTCH CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: Jul 24, 1990 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of Jul Attached is a listing of the delinquent water and sewer accounts for the month of July. Recommend water service be discontinued on Monday, July 30th, 1990 at Noon. • • 9 71 - 2- 035 - 0841 -082 Debra Bondhus 841 Second Av SW Hutchinson MN 55350 841 Second Av SW 117.32 2- 050 - 0635 -083 Karna Robinson 635 Third Av SW Hutchinson MN 55350 635 Third Av SW 108.41 Promises 8/03/90 2- 070 - 0645 -024 Randy VanDerVeen 645 Fourth Av SW Hutchinson MN 55350 645 Fourth Av SW 110.18 cc John Bomstad 619 Fourth Av SW Hutchinson MN 55350 Promises 7/27/90 2- 325 -0545 Mar Schno 545 i o Hutch' son 545 li o 1 .31 061 rich Av MN 55350 Av 2- 350 - 0225 -011 Wm Herdina 225 Dale St Hutchinson MN 55350 225 Dale St 150.71 Promises 8/03/90 2- 350 - 0318 -094 Kaycee J Green 318 Dale St Hutchinson MN 55350 318 Dale St 53.21 `3� [si.'II�Z' ice' Q�151 i I Chris Johnson 626 Harmony Lane Hutchinson MN 55350 626 Harmony Lane 94.64 Promises 8/01/90 2- 465 - 0706 -013 Alan L Hanson. 706 Harmony Lane Hutchinson MN 55350 706 Harmony Lane 92.22 cc: Ronald McGraw Citizens Bank Bldg Hutchinson MN 55350 Promises $46.11 7/24/90 $46.11 8/7/90 2- 670 - 0619 -084 Kevin Nordberg 105 Fourth Av NW Hutchinson MN 55350 619 Lynn Rd 129.66 • cc: R Schmidtbauer RR 2 Hutchinson MN 55350 2- 700 - 1585 -001 Kenneth Healy 1585 McDonald Dr Hutchinson MN 55350 1585 McDonald Dr 99.47 3- 680 - 0873 -055 Valarie Dahle 181 Kendale Apt #2 Annandale MN 55302 873 Main St N 94.03 Promises $47.03 7/27/90 $47.00 8/10/90 i n..]e3 — efts ni "an esu 1« 1r i%ady Lnpn. ralwArY a. iff e "ON SALE". otate of finne$ota (•01117, OF _ _ McLeod. I ................ .Il U.YICIP.4I.IT ]' OF ..Hutchinson._ _.. TO THE OOPF.R.YI.YO BODI" OF THE .4BOPE 1 ^. h IlF.'D .11 ft. \ ^fCIP.4LITd': i Pnrauant to Chapter 66 of the laws of - Ilinnesoln, Special .Session of 1933 -, / 1 ?-. It✓ e1� ...�Dr`.SVmL.4......Sc_iu(ct,� _ Midwest. Consumer. Services h er eh, uppl for a license, for the term of ... __ ..seven- months __..... from the _ .. 9, r5._ }.......day of._. S {.. .. (� .... .. .___.__._.19.g l) , to se ll i liquors as dyined by late at retail only for consumption "O.P THE PREMISES" described rte Jollmrs: _ Ilutchinson,?IN 55350.._..,.. _ .. _. ..... in mid municipality, on which promisee... _ ....- (antral.. amt operate a _S_...R -..pvn <..... _ ..... ...... ..., and to that end hereby represent and state V That said municipality is a _.. CitX . ...... .._......... _. _....... .__.. _ .._... _.... ....._... ......... _.. .._...._...__. ...._.... which has a population of - -.. _... ..... ....and nhwh does not maintain an exclusive liquor store; That mid restaurant lounge - -- ......._._ ...... .__....-is an establishment hnrinQu resident proprietor and manager and the following equipment and facilities,.. _....._ .... i i _ I . .... ......... That said applicant ....... is a _sihzen .oJ the United Slates, i s. .over heeney-one 1 years of age, . _is of goad moral character and repute,. ._. .. not, since the enactment v/ Orr ore afnee sperified, been convicted of any wilful violation of any law of the United .States, or of the State of .Minnesota, or of any local ordinance, with regard to the nanufacture, sale, distribution, or p ,,d ;ore for distribution or sale, of intoxicating li quors, and that rro license issued to __....... ._._ __... I und,, er acid net has tier been revoked: That no manufacturer or wholesaler will own or control, or hoe any financial interest in, Ore business of selling intoxicating liquors at retail on said premises, nor power to exact or require, by eon - hart, understanding or otherwise, said applicanE...._.._..to handle or sell only the produeis of such menu^ Jlrolmrcr r udalnmler: Thud no other retailer, license has been issued, directly or indirectly, to mid applicant.... or for I said µvo,ises; that no liters, of a class other than hereby applied for has been issued to any perms at r ht prendses; and that said preunises are neither- owned at- controlled by any permn to whom no license could be issued: That said promise, are not within any area u-ithin which the sals of intoxicating liquors is pro thited by the law, of the State of .1linuesota, the provisions of any charter, ordinance or special law, r thruugh zoning ordinances, proceedings or legal process regularly held for that purpose: l Thu1 so ld applicant ...._hereby agree that any license granted pursuant hereto shall be non- roitlaul consent of the authority issuing the acme; that mid license shall not be effect ive j uuli; a permit shall be issued under the laws of the United States in case such permit is required under ,aed Ierrs; an Oust rvLfl A'u said license I - p posted in a conspicuous place in sail premises: Mat this application is mode pursuant and urbiect to all the laws of d /innesota, the late# of the - arlyd l States, the ordinances and regulations of Bair/ lour niripa lily, sail the reQulalinns of the Liquor (1,01,3 Cout rn manner of .ilinnesohn, relating to the sale and places of sale of irdorieaein f liquors, all , of uLirh err hmrcby made a pnrt hereof, and which _._... hereby agroe to observe and obey. i RETAIL "ON SALE" ,) tote )tate of Ainne0til, COUXTY OF ti l ,eo d .............................. . --- C .. i .. t . Y ... . ... . ............ ......... Or I . I . u t .. c .. h .. i .1 n . son .... To the City Council of the ...... City ...................... Of ... - 1JLJtJ1%iuNQ& ... .... I., ... I ... 11 ...... I ...... I . ............ I ............. .... State of Minnesota: d Midwest Consumer Services hereby appl ICS for a license for the term MQ.11V13 ............................... - . ......... . . ...... from the .......... , 7.'rj f .. ......... .. day of .......... S, ..................... . . ......... ... - .............. . . . ........ 19.1d&L_ to sell At Retail Only, Non-Intoxicating Malt Liquors, as the same are defined by law, for consumption "ON" those certain promises in the. _..._. _ ................ I . . __......... /0/ /D it K () 14.�-.C== ....... . ........ . C!.ty_QXjlu&!JunsqKt .. . ......... . ..... . ...... .. ...... described follows, to-wil: . .... ... ... ........... . . ........ ................. ........................... . ....... . ............ . . ..... .... 101 Park Place Hutchinson MN 55350 at w hich place said appticant- operaO.. the business of . ..............j.4. . . . ........ .......... ....... .... . _.- .......... .. . . ......... . ..... . . .... . . . ...... . ............ .... ...... . and to that end represents and state as follows: That said applicant is a ................... . of the United State,; of food moral character and ,pule; unit h. 5 attained the age of 11 years; that _........._.. he-is prop of the e %t,hlj. potent for w hich the license will be issued L/ this application is (ranted. That no manufacturer of such non - intoxicating matt liquor# has any ownerhip, in whole or in part, in sold business of s aid applicant or any interest therein; ?hat said app;ie.znt make thij application pursuant and subject to all the laws of the State of and the ordinances and rejulations of said ............._.. TY_ .............. ------ .. . . ...... ............. .. .ppli,able thereto, whidi, are hereby made a part hereof, and hereby airse to observe and obey the same; ...... ..... .. ....... ........ ... . r aowaa.ea if .,. 0 bar Eul h applican ( further states that --he is not now the holder of. nor has —he made application for, n,,, d,,, --he inh-nd to make application for a Federal Retail Dealer's Special tax stamp fi,r the sale of int.,m,ating liquor. Doled 21.11_ . .... ......... . ....... ip.°LO _. Mil) W1 ............ . . . ... ........ P. O. Iddrew, x 1t . . . ............... 0 0 M RELEASE OF INFORMATION 0 As an applicant for an On -Sale Intoxicating Liquor License with the City of Hutchinson, Hutchinson, Minnesota, I am required to furnish info oration chich tna agency may use in determining my moral, physical, mental and financial cualifica- tions. In this connection, I hereby expressly authorize release of any and all in- formation which you may have concerning me, including'information of a confidential or privileged nature. I hereby release the agency with which I am seeking application for license, and any organization, company or person furnishing information to that agency as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 9 Applicant's Full Printed Name: Applicant's Address: Applicant's Birth Date: Applicant's Place of Birth: ztizv cal 0Q �3 Dr've (Number) (Street) S-lort U)O0'j'� ".Cnn_ n & 71 (City) (County) (State d ..io (Month) (Day) (]ear) �.4Nl7m n4vn .Ls/? n /� (City) (State) Applicant's Social Security No.: Applicant's Driver's License No.: Date: .±Dp1i's Signature L 1 s ♦ W� iM 10 FRANKLIN STREET SOUTH July 16, 1990 CITY OF HUTCHINSON POLICE DEPARTMENT • HUTCHINSON, MINNESOTA 55350 H6iCWNSON ooi Fcr • PHONE(612)587 -2242 Gary Plotz, City Administrator -` City of Hutchinson 31 Washington Avenue W Hutchinson, MN 55350 Re: Background Investigation for Applicant to On Sale Intoxicating Liquor License Applicant: Ghassan Mazaid Khwice Dear Gary: While checking the background information with name and date of birth provided by the release of information I was unable to detect any criminal records that may have been generated by the name Ghassan M. Khwice with an address of 685 Excelsior Boulevard, Excelsior, MN. Investigation into the background revealed that applicant is presently a manager at the Minnetonka Yacht Club. Investigation into both Hennepin County and Minnetonka records revealed no criminal activity. Investigation into applicants driving background revealed only petty and misdemeanor speed and signed violations. No attempt was made to investigate moral, physical or financial qualifications of applicant. Based on the criminal background investigation it would be my recommendation that the applicant be granted a limited on sale intoxicating liquor license to be reviewed at the end of six months. Respectfully, HU HI NS N POLIC DEPARTMENT Ron Kirchof Sergeant RK /lg W (612) 587.5151 ITY OF HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 M E M O s • DATE: July 17th, 1990 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 2, Project No. 90 -08 Supplemental Agreement No. 1 Attached is Supplemental Agreement No. 1 on the above - referenced project. The additional work was required due to unforeseen conditions and situations. The main additional cost is due to sanitary sewer line replacement from 1st Avenue S.E. to 3rd Avenue S.E. The condition of the existing line was far worse than expected, and would have created the potential for failure and street replacement in the future. Your approval is requested. I odeb g D ctor of gineering JPR /pv attachments q-4- CITY OF NUTCHINSON, KWMSOTA SUPPLDMNT TO COWMACT NO.LMING SUPPLEMENTAL AGREEMENT NO. 1 3HM I O I CONTRACTOR: IFEDERAL PROJECT ISTATE PROJECT (CITY PROJECT I Va. Mueller 3 Sons, Inc. I --- I - - - -- 1 90-08 ADDRESS: P.O. Box 247 (LOCATION: I Hamburg, MN 55339 I Monroe Street ITHIS CONTRACT IS AMENDED AS FOLLOWS: 1 The following additional vdit was required due to unforeseen conditions and situtations. The main additional cost is due to sanitary sever line replacement from 1st Avenue S.E. to 3rd Avenue S.E. The condition of the existing line was far worse than expected, and would have created the potential for failure and street replacement in the future. The I additional costs are itemized as follows: I i ! I Remove 4" Watermain Cross - Connection $ 234.00 t Remove Light Base $ 85.00 i I Remove Stump in Boulevard $ 157.50 1 " 12 D.I. Watermain I 4 L.F. @ $24.95 ; 99.00 � I 4" D.I.P. Watermain 32 L.F. @ $14.75 $ 472.80 i I I 1 Construct Storm Sever Manhole 6.9 L.F. @ ;112.00 j 772.80 , I Reconstruct Catch Basins ! 4 EACH @ $105.00 $ 420.00 Furnish 6 Install Mn /DOT Type 3 EACH @ $235.00 $ 705.00 Catch Basins Remove 6 Replace 8" Sanitary Sever 825 L.F. LUMP SUM $10,175.34 TOTAL INCREASE - SUPPLEMENTAL AG REEMENT N0. 1 $13,121.14 I ( I t I I I I i I i I I ( I I I I I I I 1riginal Contract Amount I I $374,441.54 (Dated: 19 i (Original Contract Date I I I , Director of Engineering i 1 5 -8 -1990 (Dated: i 19 i , I I Contractor I I (Dated: 19_ I I I I Mayor I (Dated: 19 I 1 City Administrator I I LETTING NO_ 2 PROJECT 90 -08 Increase S. A. ;1 June 25, 1990 Remove 4" Watermain Cross - connection at 5th Ave S.E. & Monroe St. S 234.00 Remove Light Base 85.00 Remove Stump left in Boulevard by City 226 Monroe St. 157.50 4 L.F. 12" DIP Watermain @24.95 omitted in Proposal 99.00 4" D.I.P. Watermain - 32 L.F. @ $14.75 used to replace existing tee connections on 2nd Ave. at Monroe St. 472.80 Construct Storm Sewer Manhole 6.9 L.F. @ $112.00 - Item omitted in proposal 772,80 The following is for rebuilding catch basins to align with curb and clear gas main - west side of Monroe. Reconstruct catch basin 4 ea. @ $105.00 420.00 F & I MnDOT type Catch Basin Castings 3 ea. @ 235.00 705.00 Remove and replace 825 L.F. 8" Sanitary Sewer $ 10,175.34 $13,121.14 r - � LJ CITY CODE BOOR 9 2.50 l SEC. 2.50. BOARDS AND COMMISSIONS GENERALLY. All Board and Commission appointments authorized by ordinance or resolution shall be made by the Mayor, and such appointment confirmed by the Council. The term of each appointee shall be established and stated at the time of - his appointment, and terms of present Board and Commission members may be reestablished and changed so as to give effect to this Section. No Board or Commission member shall be appointed to more than two full consecutive terms or for a period to exceed ten years, whichever is lesser. New appointees shall assume office on the first day of the first month following their appointment and qualification, or on the first day of the first month following the expiration of the prior term and qualifi- cation, whichever shall occur last. Provided, however,' that all appointees to Board and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appoint- ment shall be only for the unexpired term. All appointed Board and Commission members shall serve without remuneration, but may be reimbursed for out -of- pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The Chairman and the Secretary shall be chosen from and by the Board or Commission membership annually to serve for one year. Provided, however, that no Chairman shall be elected who has not completed at least one year as a member -of the Board or Commission. Any Board or Commission member may be removed by a 4 /5ths majority vote of the Council for misfeasance, malfeasance or non- feasance in office and his position filled as any other vacancy. Each Board and Commission shall hold its regular meeting at a time established by it. Except as otherwise provided, this Section shall apply to all Boards and Commissions. SEC. 2.51. PLANNING COMMISSION. Subd. 1. Establishment and Composition. A Planning Commission is hereby established. The Planning Commission shall be composed of seven members of which five shall be residents of the City but not members of a public body who shall serve staggered five -year terms, and one member of the Council and one member of the Public Utilities Commission shall be appointed by the Mayor to serve terms expiring on March 31 of each year. The Mayor and the City Attorney shall be ex officio members. Subd. 2. Powers and Duties. The Planning Commission shall have all the powers and duties defined or granted in the Statutes and the City Code relating to planning, zoning and subdivision regulation and shall act in an advisory capacity to the Council in all of such areas. SEC. 2.52. BUILDING CODE BOARD OF APPEALS. A Building Ccde Board of Appeals is hereby established for the purpose or determining the suitability Of alternate m.t_r_a and methccs o` construction, and to provide for reasonable int_r_retations of the 14 (7 -1-39) 9 -EI CITY CHAPTER CIIAPTCR 11 Public Ownership and Operation of Utilities Section 11.01. CO#TP.OL AND MANAGEMENT. The _.ilitles Co-m fission of the City of s`_ ha,, eentrol and manage, -nt of tr t 1 . r 1, , tie El actr i- Plan. d is tr ibut ion system, the Gas Plant and the Gas Listributio^ system to the City of Hutchinson. Section 11.02. APPOINTMENT AND TERMS. The ce- -is ;ion s'.al l consist c` five (S) persons, registered voters. of Hutchinson, who Zhall be ap- pointed by the council. After initial appointments for such terms as are set by the council, a member shall be appointed every year for a term of 5 years, to fill the place of the member whose term has expired. The commissioners in office at the time of adoption of this charter shall continue to serve the term to which they were previously appointed. Commissioners shall qualify for their office by taking and subscribing to the oath of office required of members of the council and filing the same with the city administrator. They shall hold office until their successors are appointed and qualified and vacancies in office fcr any cause shall be filled for the balance of the term in which the vacancy occurs in the same manner as the original appointment is made. No ..e; ber sha11 be appointed to more than two successive full terms. The members of the cor,ission shall receive compensation for their services as determined by the council. Section 11.03. OkCANIZATIOH. The cor:-iission 5 ?'1 pro ;i,e for its own orgaii:ation and r5lss -: ,- ocedjra asd annually small elect a presider[ a-.d vice- ,resident from among its meacers wno s`all ccrf,r th^ s:al duties of t�cse pcil ":r_, LP_' the direction of the cvnrGission. I*. s'ia 11 also appoint a secretary who may or may not be a r•e;iber of tie ccnmissicn. All manles received for gas and electric services rendered shall be deposited in a separate municipal Electric Plant Fund and Natural Gas Division Fund. The colris- sion shall keep record of the monies (above mentioned) and pay them out only upon verified orders and upon warrants signed_ by two members of the ca )mission. Section 11.04. mmrERS OF THE COMMISSION. The commission shall have full, absolute and exclusive control of and power over the City Electric PI art, the City Electric Plant distribution system, the City Gas Plant and the City Gas distribution system. The commission shall buy all materials, supplies and fuel in accordance with the charter provisions for purchases and contracts. It may enter into contracts subject to the same limitations imposed on the city council, and may sue and be sued in its own name. It shalt regu- late the distribution, use and sale of electricity and gas within and without the city limits, collect for services, and shall fix the rates for all such sales and services for public and private use, subject to right of the council to veto any proposed charge and rate by a four - fifths vote. Such veto power shall be exercised, if at a11, within 30 days after the council has received notice of any proposed change in charge and rate. The commission shall have power and authority to extend, add to, change or modify the electric system and the gas system, ane to do any and a'.1 things it may deem necessary and proper for operation except as by this chatter otner.ise restricted or qualified. The cost of extended service or installation there[' s.`.alI in no case create any general cbligaticn upon the city. 1t shall amp:oy s r.h competent he'p as Tar to necessa to property cperate tie p ant, and e ar these employees such co-,_e ^saticn as _ -e c Olm iss'on dc - _ S pr ;:e . The ca7n n s - ..a 1 rn - t he,e power to se';, .ease, ren: sr in any . o or enLT.ce or per 3 or the gas Systcq to cJ' .N_ ?^ wren:- :7 I CITY CHARTER CHAPTER 2 FORM OF GOVERNMENT Section 2.01. FORM OF GOVERNMENT. The form of government established by this charter is the Mayor- Council plan. The coircil, consisting of the mayor and four aldermen elected at large, shall exercise the legislative power of the city and determine all matters of policy. SECTION 2.02. DEPARTMENTS. The council may establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city or to perform quasi - judicial functions. The mayor and council shall determine which shall have council representation. SECTION 2.03. DUTIES AND POWERS. The council shall determine and assign the duties of the several departments and appointed boards and commissions subject to provisions herein and shall prescribe the powers and duties of appointive officers and employees. SECTION 2.04. ELECTIVE OFFICERS. The elective officers of the city shall be registered voters of the city and shal l consist of a mayor who shall serve for two years and four aldermen elected at large who shah serve for four years. The term of office of each elective officer shall begin the first business day of January following his elec- tion and shall continue until his successor is elected and qualified. SECTION 2.05. APPOINTIVE OFFICER The aDOOint- tie cfficer of the city, not in:l iding meneers of boards or comm)ssions estdbl isheu ne or by croinance, shall be appointed by maiority vote of the council, and shall consist of a city adminis- trator. SECTION 2.06. MAYOR AND VICE PRESIDENT. Trz mayor shall be the presiding officer of ' council. At its first regular meeting after ea:h ci ty election, the council shall choose a vice president who shall serve as presiding officer ir. the mayor's absence and as acting mayor i n case c` the nayor's disabi'. ity or absehc=_ frcr t city, or in case of a vacancy in the office of naycr, The mayor shall have a vote as a member of the council. He shall exercise all powers and perform all duties conferred and imposed upon him by this charter, the ordinances of the city and laws of the state. He shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for the purposes of martial law. He shall study the operations of the city government and shall report to the council any neglect, dereliction of duty, or waste on the part of any officer or department of the city. In time of publ is danger or emergency he may, with the consent of the council, take command of the po- lice, maintain order and enforce the law. SECTION 2.07. INCOMPATIBLE OFFICERS. No mem- bers of the council shall hold any other paid municipal office or employment under the city; a-d until after one year after the expiration of his term as mayor or councilman no former member shal l be appointed to any paid appointive office or employment under the city which office or enplcy- ment was crea:ed or ,ne conpens3' on for .`ion ._s increased during his term as a co.rci:. -a 2 q— E i i d (612) 5$7.5157 yUrcH CITY OF HUTCHINSON 37 ✓✓AShiSNGTONAV'ENUE WEST � �HUTCHIlV50N, NIAN. 55350 H E M 0 R A N D - U M DATE: T0: Hutchinson City Council FROM: Hutchinson Planning Commission July 18, 1990 SUBJECT: Preliminary Plat of "Schmidtbauer's 4th Addition" Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary plat. HISTORY On June 21, 1990, Mr. Richard Schmidtbauer submitted an application for a preliminary plat to be known as "Schmidtbauer's 4th Addition ", located in Tracts A and B of Registered Land Survey No. 19. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 17, 1990, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 5, 1990. 3. Director of Engineering, John Rodeberg, submitted certification that the proposed plat meets all the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned preliminary plat be approved subject to staff recommendations of July 3, 1990, being addressed and also that the park department address the drainage problems in the park area by the time of site grading. Respectfully submitted, Clinton Gruett, Vice Chairman 6' Hutchinson Planning Commission A AREA TO BE PLAT ED SCHMIDTBAURERS OUP.TH ADDITION E 0 ' r so 0y 12 j W 2S 24 :� S �� 17 N , l w . p Y ~ �qj SyF y 0 y Z, 6 18 9`\ n b •� 7 26' 19 • • y 22 O0 0 44 a 6 1 21 9 ° 20 a'P4 6 43 t - 27 26 w 'e 29 21 42 0 ¢RANDALL 19 a s 41 ! i O It. O X 37 A 3 30 11 i f 1B �ia �� ° 22 12 i6 �. `19�. 31 �17 �t� ro 'o ° Ql ,, 1 i 3 V 1' rn I -� —' p ° a 23 0 3 6° 1, Y H 3 2 . 40 F m _ �3 'p0 �J� 2 l 16 / y., 5 4 l ya y� 0 3 [ ° 24 P 39 36 35, 34 33 'o IS �� 14 � m b CENTURY AVENUE I - F � s °° s', s ;_ 6 e a SC u.e . >.m nm w.F. m ' ° SQ -IMIO SALE .5 8 Ig MIDT AUE S 9I »A SCD BADE 2 : 3 ¢ I 9 7 6 NO 5 4 I 3 2 1 _ - FIRST 2� 1 ADO. � TN Ii�D 7 ADD. 9 ' RCHARD ADDITION OUTLOT m PARK A -1 n4 7 n PARK t G \ FIRST ADDITION S 2 A AREA TO BE PLAT ED SCHMIDTBAURERS OUP.TH ADDITION E 0 r .. ,r 4 _ , ,;. :i •°. tiftf ,T • ,16...,. k..»,.. <. .r. ... y._w m. s.•. �.. w6a.: wa. A1\ � .a.•uMVr�.,- .o.a1.�+,'.ar•?41k' it+. xs `•�r.w>.s.uwrvp.:.w.c^�A•sd..'. ...... ....aq- .aw�+'+', :.,.Bk SNF,ET I OF 4 ' HFFT , 1 FOURTH ADDITION PRELIMINARY PLA OWNER- RICHARD SCHMIOTBAUER . HUTCHINSON MINNMTA. DESCRIPTION' TRACTS A AND B OF REGISTERED LAND SURVEY NO. 19. AREA • 24.54 ACRES d r 1 f PRESENT ZONING ' TRACT A • R- 3. TRACT 9 • R-2 0 ( 1 W IJ AVE CENTURY r «.uu 0 n I i I I I I I ? I•(l i x..wo {e+ucrla jnnsr � 1 .. .1 '�� I . 1 ` 'I o I ui , ..ore..,(us Iucono ( •oa.no.. I ,,.1..,... ; .ognro.. '{•�,�' ♦I r O I •• .. 4 . 4 liearo,fo E LI J{ !a no .e ars. N .r,.w«....0 0 ; ��'° I _ j `° ' `. I I � Ix me•�'� LII,••.1 I luxe � r ..ru � 03 0 •.rrr ww) 6 . 7 O ' .a• + o ,1 2 `. l� }' ! 1 5 I a SO , 1 �, >o_'.I p I Feo I ; �JBrjf >Y� 1 � • '1 411..'. li. °•:, ::' .00`` "I ° lip 1Px I)...., u't -In I {i 3'I) '.• r - e.a u 2 A — I m..•1 wwr ne «' oe.r I uw w • 1 � \. '� \ Ib � ♦ 7 i r • }I a... `. rta I rw I rso I I' rxr ` p Is w =�� ea:_ ae I r •'. i i 1 !' + {• >, 'eo oo 1' II' ,I :�Z If• I L...I .n {j a fl •� II "1.'��.tf ".'I ...,. -- +'b� V � � 3 -{ 4 J 6; I I •Iw.r ') 1 ..I I....�.r . i oy r. r..w, I i .n•.. Q 'l l 1 r e F, m _ , • u..,.. I i.nwr g r , _ 1, r I 13. 412 1 II i 10 � l..'r ' I: .. ,.• 414 R1 r3 I�'' II 'II•. �I. '- ! ., of u• ` .oe ms I` xr r rw _I i_ a �t �_ae I I tt'_ ->t .y » , I �• rn I '� la•aol « '...:.: i'.° s� - �_��_ ' ' '�� II n0 xe .•�tx �111� - N - - .a - .a .a_ n � tl •, •�,•, 'L � I ae ,( ; 1 s j 1. 1 \ 1 11 I I r f I . I• na • -, uu..r s I ra,un a 1 a..ap r '.$ , .� i yl i $�4 ( _.•' ♦•.. b Li 13 \` •� 2 1 = 2 3 r 4 S '' I 21 ) ZO 1 1 19 11 j . 17 ! 16 IS' l4 ..• I. 1 .un•r I i nw•r m.w I 'i l •ar.w .l l u>«r. 1 lua.e 111.xe roue. w .r .e, _ w„ :.. ys , .m r,o. ne ue I � � � 11 �� � I "r I � I •.. ,o 1 RESOLUTION NO. 9300 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER TO PLACE AN OFFICE IN A RESIDENCE ZONED R -3 LOCATED AT 287 HWY 7 EAST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. June Redman, Hutchinson, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow her to place an office in a residence zoned R -3 located at 287 Hwy 7 East with the following legal description: McLeod County, Minnesota, described as follows, to -wit: All that part of Lot One (1) in Block Three (3) in the Townsite of Hutchinson, North Half, lying to the North of the Hutchinson and Silver Lake Road, except the Easterly Fifty (50) feet thereof. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above. Adopted by the City Council this 24th day of July, 1990. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor q (612) 587.5151 FTY OF HUTCHINSON /ASHINGTON AVENUE WEST WINSON, MINN. 55350 M E M O R A N D U M DATE: July 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT RE UESTED BY JUNE REDMAN, HWY 7 EAST Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 27, 1990, June Redman, Hutchinson, submitted an application for a conditional use permit to allow her to place an office in a residence located at 287 Hwy 7 East. A public hearing was held at . the regular meeting of the Planning Commission on Tuesday, July 17, 1990 at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 5, 1990. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be approved as set forth above. Respectfully submitted, Clinton Gruett, Vice Chairman • Hutchinson Planning Commission t y n 69.76 ••• �5 7 o h W 5 O Denotes Iron Monument hereby certify that th!s is a true and correct reprer_ntatlon of a survey of the boundi, ies of: The Northwesterl}' 55.0 feet of all that pant of Lot 1, Block 3, NORTH HLF OF HUTCHINSON, according to the recorded plat thereof, lying nort of State Highway No.7. Except the easterly 50.00 feet thereof. The southeasterly line of the above described parcel is parallel with and 55.OA feet southeasterly of, as measured at right angles to the north- westerly line of said Lot 1. And of the location of all buildings, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 5th day of Sept. 19 79 lzndSurvey�r,',':nn Reg No 9E_6 sC..l V , 40 . CERTIFICATE OF SURVEY — •• < for iS tM:CONIES-KNUTSON ASSOCIATES. INC. zN ( ' /v JU R E G' NE P�P T STATE H /GHW11Y N0. 7 t J C h � O Iv e v � 4 4 k � O e 69.76 ••• �5 7 o h W 5 O Denotes Iron Monument hereby certify that th!s is a true and correct reprer_ntatlon of a survey of the boundi, ies of: The Northwesterl}' 55.0 feet of all that pant of Lot 1, Block 3, NORTH HLF OF HUTCHINSON, according to the recorded plat thereof, lying nort of State Highway No.7. Except the easterly 50.00 feet thereof. The southeasterly line of the above described parcel is parallel with and 55.OA feet southeasterly of, as measured at right angles to the north- westerly line of said Lot 1. And of the location of all buildings, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 5th day of Sept. 19 79 lzndSurvey�r,',':nn Reg No 9E_6 sC..l V , 40 . CERTIFICATE OF SURVEY — •• < for iS tM:CONIES-KNUTSON ASSOCIATES. INC. zN ( ' /v JU R E G' NE P�P T STATE H /GHW11Y N0. 7 s RESOLUTION NO. 9301 RESOLUTION GIVING APPROVAL OF FINAL PLAT OF WAGNER DEVELOPMENT CORPORATION NO. 2 WHEREAS, Roxanne Wagner, owner and subdivider of the property proposed to be platted as WAGNER DEVELOPMENT CORPORATION NO. 2 has submitted an application for approval of the final plat of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described lands in McLeod county, to -wit; Lots 1 through 8 and lots 16 through 23 of Block 7, and Lots 1 through 7 of Block 8 all in Wagner Development Corporation Plat, according to the recorded plat thereof. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said final plat of WAGNER DEVELOPMENT CORPORATION NO. 2 is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota. BE IT FURTHER RESOLVED THAT such certification upon said plat by Mayor and Cit required, shall be conclusive showing of therewith by the subdivider and City officials above described and shall entitle such plat to forthwith without further formality. execution of the y Administrator, as proper compliance charged with duties be placed on record Adopted by the City Council this 24th day of July, 1990. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator q_ )B (612) 587.5151 f' flUlLll CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Preliminary Plat and Final Plat of "Wagner Development Corporation No. 2 Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary and final plat. HISTORY On June 29, 1990, Ms Roxanne Wagner, submitted an application for a preliminary and final plat to be known as "Wagner Development Corporation No. 2 ", located in Lots 1 through 8 and lots 16 through 23 of Block 7, and Lots 1 through 7 of Block 8 all in Wagner Development Corporation Plat, according to the recorded plat thereof. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 17, 1990, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 5, 1990. 3. Director of Engineering, John Rodeberg, submitted certification that the proposed plat meets all the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned preliminary and final plat be approved subject to staff recommendations of July 3, 1990, which requires an addendum to the subdivision agreement and a title opinion for review by City Attorney. Respectfully submitted, Clinton Gruett, Vice Chairman +n 6. .1➢.ao .moo .w.uv Bu 60 eo.00 woo 90.00 b0. 00 eo.00 boo O ♦ W _ t 6 s .00.00 0 .", -+ 1• 12 4.6 660 *so s WA NER . It bi c J +• ra D W 0 � E A 90 90.00 to 00 90.00 40.00 go u 01 96.72 9f..f � m mp KAY uO .0O m b d O C � 4 b m b EGA o v C 100.00 f6.00 m m J ° ? S .zo.aa o m OEV LOP ENT .woo y m m u ' W $ o V " N 74 T4 00 74M 74.00 74.0 q9.1] o $ m ]..: .20.00 n o u 'n 0 A . w _ u o 100.00 19. 2t o $2.01. KAY A " " �' S N moo s ° COURT ti l6.h .Ot2> 0,.16 J, ° STREET �`` r• ° • Q , 99.97 101.15 M 044 - p _ r " N b W .. •b. IOJ. i9 - -� $ N 4y9 2 990 e60 wv es.0 au �� ♦ W t s STREET 12 4.6 660 *so w c K OI ra W � E A by 0 � m mp 10 b O b EGA m o m m u ' W h p m n o 0 A . U ' ,6.N 104L I T6.90 I i•,,0 L••,O 1 1,.10 1 1a ,0 I a { CD D 1ie.16 g m N s WAGNER STREET o A 8 ao .i o+ uz.f6 • ' +q CO R ORA ION o7b S (p �" Ta.1r 6 0. p0 .ifi T9 2! 1 1M1 fall 1911 41 TO N _ p _ -4 � AND N 10 y C a' 6, b0 14.77 74,19 ?4J$ T4Tb 1410 14.10 1 92J6 101.30 u6 90 2! 1301 T \A1 Tom 9Y. IYl A, > � >3 GRAHAM : STREET 6 ° a 6p 00 .1 .0f 100.00 T6.00 T544 76.00 ?6.00 � + e•di laT.6a 66.0 7592 Ob To Tom T9ll TOM ' P )p06b 6j � of U A (Y N FT bo ak >!' P6 T o N EST ° iOgoo 75 00 73.00 Te as T, r, ••, .. a PLAT :.1 LOPMENT STREET GRADES AND LOT ! THE STREETS ARE NOT A PART OF THIS PROPOSED PLAT. THEY A.RF THESE PROPOSED GRADES ARE A COMBINATION OF GRADES FROM T1 CORPORATION PLAT AND FROM STREET GRADES BY THE HUTCHINSOl LOT DRAINAGE AS PER PRELIMINARY PLAT OF WAGNER DEVELOPMEN CORPORATION PLAT NO. 2 0 172.31 me tcs oroposeo ele.otwo •. L ?' U r W !6463)L 41 _ _ ---] r — r —. '. _ --- _ -1 Ip lW alr .n I Ww l �1 i aw Z W L- - 4 y �Qy IW Z'W i a¢ . .: '41 Di u• J \� nnp w•r J 3 �E...'a .m uw •r -_ —_ } L —� c 9 4VE �i 1 1� - ^' �. r �3 }7 sp'"vKl saa I 6 , f � — `— S:a M M rm. :365!1 ♦ �111 9 ' Sp. Y M. w.:5166 1 ) 1 M . I + -: t.1Z.� 24 1` .� 1 ? ..02. -- 0 P.4 —_— N •\ � M —I o $ I ` - - -3-- ; N °- - - -3 ' 4 1 :.. _ �........o N '. O. '. `. � r6 ,� + t rEulr•eq e..n�.. .�' L-- q-, `.T Di 9 -� 1T4: 1 163601 - l c_ I . t r 3 93 ( .� . 6 589.39'ID•E — .0 -t6 y 01. ' 1 '. �' 0 . 1 38124 "17 066 13 "- — •'' i • - - -• —� — -I'� i 162.501_.._- _— 2.756'. 171 s- 3-5 X �'• 179.91.. 2R ``�- _. .. •. �•.. 177381 `1. - - — -.�— r 3 i i � °• \ � ' 1 �•� I 'a � Ty STRES I I I I I I 1 J ' ' OWNER: WAGNER DEVELOPMENT CORPORATIOr . (612) 587 -5151 HUTCH' C /TY OF HUTCH /NSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 R A N D U H DATE: July 18, 1990 TO: Hutchinson City Council FROM, Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY SHERMAN BUSCHOW 7TH AVENUE AND SHADY RIDGE ROAD Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On June 29, 1990, Mr. Sherman Buschow submitted an application for a variance to allow him to reduce the back yard setback 5' B" from 30' to 24'4" for construction of a home located at 1290 7th Ave. NW. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 18, 1990, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 5, 1990. RECOMM ENDATION It is the recommendation of the Planning Commission that the variance be denied due to lack of hardship. There being a split vote, Building Official Jim Marka called for a roll call vote as follows: Craig Lenz voted to approve, Tom Lyke voted to deny, Clint Gruett voted to deny, Dean Wood voted to deny and Roland Ebent voted to approve. Respectfully submitted, Clinton Gruett, Vice Chairman Hutchinson Planning Commission 9 - - k" LOT I, BLOCK 1, HELLAND'S SECOND ADDITION REVISED Bench mort, SEVE rLIAVIENUE N e W Top of curb of catch basin Elevotion = 1066.83 jae. C 40 tea. h e` it m 10 co a° c C: rri sun aa.,y,U Illl `Oil 40 40 18.3 Q sa Garage floor O aea 34 Q v clew 273.4 N 0 II O a 4 W ef.J• N O •r.2. i �t Q 2 N N LLJ V 0 ewnas.aa 1 ® I� it c . V ■ derotes esls p elevation W N I N 4 � �\ 30 0 0.0) 40 .a 100.00 o (' I denotes proposed •levatloa 0 pea.. r... 1... a. I I o 1 . , c6 e A \r+ r BUILJI%G F -rz-IT SURVEY FOR REV. SHERMAN BUSCHOW 1 hcreoy cerflly that this scrvay was prapared by" cc undx my direct s= porvlslon and that I as a c,ly Reylstarad Lard Surveyor uncar the laws of the 5tate of Minnesota. Oat• March 2 1990 Willard Pe linen, Reg. h 9626 48. 3. eG e 0 0 0 N .aa.♦ ,L4` 1 a 1 3. PELL1sEM L"Q SLRy"lW Hutchinson, M Ualot I Inch - 30 feet. 6oc1 Pate 24 job hc 9026 LOT I, BLOCK I, HELLAND'S SECOND ADDITION PRESEi\ROPOSA x denctes existing elevation 1 ) denotes .proposed elevation ILDP,3 PERM SUR FcR REV. SHERMAN BUSCHOW I heresy certify that this survey was prepared by me or under my direct supervision and that I an a culy Registered Land Surveyor under the laws of the State of Minnesota. Date March 2, 1990 Millard Pellinen, Reg'-9 9626 PELLINEN LAND SURVEYING Hutchlnson, FIN Scale: 1 Inch - 30 feet. Ecck. P `~6 Pa ^e 24 S AVENUE 1 V. YY. Bench mark Top of curb at catch basin e Elevation :1068.83 —[— 68 j9% 8.83 97. 72 9,0 F" // �/ cuta 60 70.$) X6 B 9 6 . J 0 ® <ure 69.3 i oposed gorage rV or elev. =71.3 m O II �1 O 69.3c 1 1, Proposed a^ I 69'2+ d O House O II I / 34 69.0 170.01 +68.6 ,ee -+ L I I f v II II I NN� ♦ ? 30 I00.00 ©6S.6 Tli• (.t.+. 60.3 'inr. Q II Front yard setbacks along Shady Ridge Road I Lot 1, House No. 521 = 55.9 Q Lot 2, House No. 511 = 85.7 Lot 3, House No. 501 = 62.0 Lot 4, House No. 495 = 58.2 Lot 5 House No. 485 = 75.1 Lot 6, House No. 475 Average setback = 88.0 Lot 7 House No. 465 Lots = 82.9 1 -11= 66.3 Lot 8, House No. 455 = 38.2 Lot 9, House No. 435 = 44.4 Lot 10,House No. = 109.1 Lot 11,House No. 405 = 30.0 x denctes existing elevation 1 ) denotes .proposed elevation ILDP,3 PERM SUR FcR REV. SHERMAN BUSCHOW I heresy certify that this survey was prepared by me or under my direct supervision and that I an a culy Registered Land Surveyor under the laws of the State of Minnesota. Date March 2, 1990 Millard Pellinen, Reg'-9 9626 PELLINEN LAND SURVEYING Hutchlnson, FIN Scale: 1 Inch - 30 feet. Ecck. P `~6 Pa ^e 24 LOT I, BLOCK 1, REGIN ° Al ' n nT!{33 Bench mark a yard setbacks along Shady Ridge Road o Top of curb of catch basin Lot 1, House No. 521 Elevation : 1068.83 A Lot 2, o No. 511 = 85.7 d 66 39 House No. 501 = 62.0 r 786.63 97. 7 2 No. 495 = 58.2 Lot 5, House No. 485 N � Lot 6, House �I v of M 7, II � cV M I I = 82.9 <u 1 a 89.31 30 1,69. 170.51 w X691 �es.z _ _ 50 a�fa•• 169.9 = 44.4 Proposed gor09e 1192 No. curb 6s.39 = 109.1 V loor elev.= N f 71.3 11,House No. 405 = 30.0 m 16 89.3,1 Proposed a O II O 69.24 House � 0 0 ! O W NN om_ {.L ,.,069.99 I Q A HELLAND'S SECOND ADDITION SEVENTH AVENUE N.W 6 91 69.0. 34 ` (70.0) 69 7 100.00 N .66.6 S 100- / ( 3 loo —/SS9f$� f)65.6 Tit. in,0t, 60.3 inn. II Front yard setbacks along Shady Ridge Road Lot 1, House No. 521 = 55.9 Lot 2, House No. 511 = 85.7 Lot 3, House No. 501 = 62.0 Lot 4, House No. 495 = 58.2 Lot 5, House No. 485 = 75.1 Average setback Lot 6, House No. 475 = 88.0 Lots 1 -11= 66.3 Lot 7, House No. 465 = 82.9 Lot 8, House No. 455 = 38.2 Lot 9 House No. 435 = 44.4 Lot 10.,House No. = 109.1 Lot 11,House No. 405 = 30.0 x denotes existing elevation ( ) denotes proposed elevation BUILDING FE .,MIT SURVEY FOR REV. S H E R M A N B U S C H O W I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. _ Date March 2, 1990 Willard Pe�In Re o. -- g 9626 PELLINEN LAND SURVEYING Hutchinson, MN Scale: I Inch - 30 feet. Book P 96 Page 24 Job No. 9026 Ll APPLICATION FOR VARIANCE FROM PROVISIONS OF ZONING ORDINANCE N 19 N 51 / 9 0 O City of Hutchinson, Minnesota SUBMITTED DEADLINE: On or before the last working day of the month (including s c a e map s. 1. Name of Property Owner: Date Filed: Telephone No, r0-- 0 g. What is the requirement of the Section (s) mentione in Item 8? 10. What is the minimum reduction to the requirements of the Zoning Ordinance which would permit the proposed use or construction? NOTE: A scale map survey is required to accompany this application- The map should include the building site (lots), existing building, planned new building(s), or addition(s), existing and proposed setbacks, street names and alleys, and N/S direction. City staff reserves the discretion to request a survey and delay the public hearing one month if Lhe maps are insufficient. fate exact y w at is inten a to a one on or with the property whit does not conform with existing regulations? T n. suit: Mtn?sota Statutes require that the conditions set forth in t e- � following two items (12 and 13) MUST be established before a variance ran 6e. granted. Explain in detail each statement. u nique Lircumstances of of at are special conditions narrowness, ss5aa Towness, or s ape of a Tot, exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot) applying to the structure or land in question that are peculiar to the property involved or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located? .-0M- cz' wa u<'7 O f e g -' M4- '- -- ) pp , p r $Va Ph 7. Psent Zoning District: ariance is request from the Toliowing Section(s) of the Zoning Ordinance: 13. Undue Hardship: Describe the specific hardships) you claim: Please Note: Inconvenience of the landowne or occ pant, a f situations (including purchase of property), age and /or health problems are not deemed hardship under Minnesota case law��� � ? / Economic considerations alone shall not constitutP an un u� �rdsTti reasonable use of the property exists under the ordinance MN Statu es 462.357.) The statutory test is that the property owner cannot put the property to reasonable use under existing controls, the unique circumstances must exist and if the request is granted the essential character (land -use) of the locality is not changed.( MN Statutes 462.357.) If you have difficulty in determining the above hardship, consider alternatives to your construction plan. Possibly you may not need this variance. 14. Effect on Nei c Do you feel the granting of the variance impairs an a equate supp y of ight and air to adjacent property, unreasonably increases the congestion in the public streets, increases the danger of fire, endangers the public safety, unreasonably diminishes or impairs established property values in the surrounding area, or in any way impairs health, safety, comfort, morals, or in any respect is contrary to the intent of the Zoning Ordinance? Yes Acknowledgement and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Hutchinson to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinance of the City of Hutchinson and the laws of the State of Minnesota. 16. Is this property abstract or torrens? Leoal r siqnature recuir To be completed by staff: Property Identification No. Date: 1 1 • RESOLUTION NO. 9302 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER TO CONSTRUCT A 30'S 300' BUILDING AT HUTCHINSON MANUFACTURING LOCATED ON HWY 7 WEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Tom Daggett, Hutchinson, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow him to construct a 30' x 300' building for painting and sandblasting at Hutchinson Manufacturing located on Hwy 7 West with the following legal description: That part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West of the 5th Principal Meridian, lying between the southerly right of way line of Minnesota State Highway No. 7 and 22, and former northerly right of way line of the Minnesota Western Railway Company. Except that part thereof lying east of the following described line and its northerly extension. Commencing at the south quarter corner of said Section 36; thence northerly, along the west line of said Southeast Quarter, to said northerly right of way line of the Railway; thence northeasterly, along said northerly right of way line, a distance of 1056.54 feet to the point of beginning of the line to be described; thence northerly, parallel with said west line, to said southerly right of way line of the Highway and said described line there terminating. Also that part of the Southeast Quarter of the Southeast Quarter of said Section 36; described as follows: Beginning at the northwest corner of said Southeast Quarter of the Southeast Quarter; thence easterly, along the north line of said Southeast Quarter of the Southeast Quarter, a distance of 252.00 feet; thence southerly, parallel with the west line of said Southeast Quarter of the Southeast Quarter, a distance of 345.70 feet; thence westerly, parallel with said north line, a distance of 126.00 feet; thence southerly, parallel with said west line, to the former northerly right of way line of the Minnesota Western Railway Company; thence southwesterly, along said right of way line, to said west line; thence northerly, along said west line, to the point of beginning. 0 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above. Adopted by the City Council this 24th day of July, 1990. ATTEST: Gary D. Plotz Paul L. Ackland City Administrator Mayor CI Hutch inson Manufacturing & Sales, Inc. *Phone 587 -4653 • Box 487 •HUTCHINSON,MINNESOTA 55350 June 29. 19SC 0 Planninq Commission Citv of Hutchinson City Hall Hutchinson. MN. 55350 SUB: HL -46 -90 Gentlemen: Please consider this a formal request for the extension of Resolution No. 8963 adopted by the city council February 28. 1989. This resolution was for a conditional USC permit for us to construct a 25 ft x 250 ft sandblast and Paint facility on our property. Location of this building would be per original request, however building size could increase to 30 ft x 300 ft. We would observe set back requirements and building would be constructed to applicable codes including NFPA. Thank you for your consideration. Sincerely, Tom Da General Manager Vice President TD /bjs 0 erl (612) 587.5151 CITY OF HUTCHINSON 37 V VASHINGTON AVENUE NEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 18, 1990 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED By TOM DHGGETT, HUTCHINSON MANUFACTURING Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 29, 1990, Tom Daggett, Hutchinson Manufacturing, submitted an application for a conditional use permit to allow him to construct a 30' x 300' building for painting and sandblasting at Hutchinson Manufacturing on Hwy 7 West. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 17, 1990 at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 5, 1990. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be approved as set forth above. Respectfully submitted, 0 Clinton Gruett, Vice Chairman Hutchinson Planning Commission (612) 587.5151 HUTCH C ITY OF HUTCHINS0N � 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 18, 1990 TO Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT FOR DANCE r The Planning Commission recommends approval contingent on the owner retaining a permit with a site plan to provide parking to be completed by fall 1990 and presented by the August Planning Commission meeting. r� u ?/ - �k , E\CELSIOR HOMES NEST, INC. HIGHWAY 7 WEST HUTCHINS MINN ESOTA 55350 PHONE 612.5874990 Flaming Co-=.ission City of Hutchinson 37 Washingtcn Ave. 'West i 4 utchinson, Mn. 55350 Attn: Eonnie daumetz Dear Sirs; I am writing in regard to the modular dance studio located off west Hwy 7 on Florida St.. The unit has been set -uo, landscaped and in use for nearly one year. Because it has worked out so well for myself and the tenants, I would like to request that the permit be renewed and continued on a more permanant basis. Very respectfully, • J f Gunn S (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 18, 1990 TO: Hutchi City Council FROM: Hutch inson Planning Commission SUBJECT: CONSIDERATION OF FINAL PUD OF MILLER TOWNHOUSES The Planning Commission recommends approval. 0 l._ J / -1 iLJLSE ADDI i i0i�15 M ¢t OTTER LAKE u't IOHH•rYJ l\ j.6tu:. ➢ICL 5 E Y \ \ \ • , 1 _ MYU 00 •� U. t t T � 41. 1 s � ,: 2 `� � e^O y.♦ C: \' t � y�� C R �� - G n• c ' , Y ti • _' ( MILLER TO' F1H.IL( f'.ITIOry [.. MILECR T.;;tp n r. — 'ND ADDITI;: '- ... g11LI r T btll.' UR T 'P. rl " I AC.717IC HUTCHINSON .L_ .>;.Yk;y►�:+:64' L.. ., i�4.:+:_�:h e. .t.:. .. r .?" 7e •, �.. L� MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 17, 1990 1. CALL TO ORDER The meeting w at 7 :30 p.m. with Lenz, Dean Wood, Members absent: Building Official Rodeberg. 2. MINUTES as called to order by Vice Chairman Clint Gruett the following members present: Tom Lyke, Craig Roland Ebent and Vice Chairman Clint Gruett. ElRoy Dobratz and Bill Craig. Also Present: Jim Marka and Director of Engineering John Mr. Lenz made a motion to approve the minutes of the regular meeting dated Tuesday, June 19, 1990. Seconded by Mr. Wood the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF PRELIMINARY PLAT OF SCHMIDTBAUER'S 4TH ADDITION Vice Chairman Gruett opened the hearing at 7:31 p.m. with the reading of publication # 4138 as published in the Hutchinson Leader on Thursday, July 5, 1990. The request is for the purpose of considering a preliminary plat to be known as Schmidtbauer's 4th Addition. Mr. Marlow Priebe stated he is representing Mr. Schmidtbauer and commented on the stipulations by staff. He explained the stages of development for the plat being in no more than 5 stages. City Engineer John Rodeberg commented on the plat being a well laid out plan. He also commented on the storm sewer and stated future platting to the south will get drainage from the south. Mr. Eugene Benning, 38 Century Ave., stated his concern with drainage problem in the park. City Engineer Rodeberg stated the park department realized there was a problem and that the city will work to solve this drainage problem hopefully in the 1st stage of development. c Z O O Z Building Official Jim Marka stated the whole site is to be graded. Mr. Schmidtbauer stated the entire site would be graded. L� HUTCHINSON PLANNING COMMISSION MINUTES 7/17/90 Mr. Ebent made a motion to close the hearing, seconded by Mr. Lyke the hearing closed at 7:44 p.m. Mr. Ebent made a motion to recommend approval to City Council with the stipulations of staff, 7 -3 -90, being addressed. Also that the park department address the drainage problem in the park by the time of site grading. Seconded by Mr. Lenz the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JUNE REDMAN Vice Chairman Gruett opened the hearing at 7 :45 p.m. with the reading of publication #4139 as published in the Hutchinson Leader on Thursday, July 5, 1990. The request is for the purpose of considering a conditional use permit to allow the owner to place an office in a residence located in an R -3 zone located at Hwy 7 East. June Redman stated the R -3 zone is conducive to an office. She also commented on the parking and concrete of all parking. Discussion followed on the parking for both sites. Building Official Marka stated the city did not permit parking on Hwy 7 East. Mr. Lenz moved to close the hearing, seconded by Mr. Wood the hearing closed at 7:50 p.m. Mr. Lyke made a motion to approve the request. Seconded by Mr. Lenz the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY PLAT AND FINAL PLAT OF REPLAT OF WAGNER DEVELOPMENT CORPORATION NO. 2 Vice Chairman Gruett opened the hearing at 7 :50 p.m. with the reading of publication #4140 as published in the Hutchinson Leader on Thursday, July 5, 1990. The request is for the purpose of considering a preliminary and final plat to be known as Wagner Development Corporation No. 2. City Engineer Rcdeberg explained the replat to make larger lots and that the Subdivision Agreement will need to be revised. Mr. Don Erickson commented on the plat. Mr. Ebent made a motion to close the hearing, seconded by Mr. Wood the hearing closed at 7:55 p.m. Mr. Ebent moved to recommend approval subject to staff recommendation of 7 -3 -90 which requires an addendum to the subdivision agreement and a title opinion for review by the City 0 E HUTCHINSON PLANNING COMMISSION MINUTES 7/17/90 Attorney. Seconded by Mr. Lenz the motion carried unanimously. (d) CONSIDERATION OF VARIANCE REQUESTED BY SHERMAN BUSCHOW, 7TH AVE. AND SHADY RIDGE ROAD Vice Chairman Gruett opened the hearing at 7:55 p.m. with the reading of publication #4141 as published in the Hutchinson Leader on Thursday, July 5, 1990. The request is for the purpose of considering a variance by the owner to reduce rear yard setback from 30' to 24'4" on property located at 1290 7th Ave. NW. Mr. Sherman Buschow commented on the variance and presented a revised survey asking for a rear yard setback of 23.5'. City Engineer Rodeberg commented on the drainage and the problem is now resolved. Discussion followed on staff recommendation of no hardship, the setbacks and the original proposal. There was discussion on the size of the home that could be built on the lot. Discussion followed on the peculiarity of the lot and the interpretation of the law. Building Official Marka commented on the variances granted in the past. Don Erickson commented as a neighbor not opposed to the proposal and understands the concern. He stated the rest of the area is already developed and the 12' city walkway on the south property line is not buildable. Mr. Lyke commented on the consistency on the Planning Commission in granting variances. Building Official Marka commented on the setbacks presented at the time of the first meeting. Mr. Gruett made a motion to close the hearing, seconded by Mr. Ebent the hearing closed at 8:20 p.m. Mr. Gruett moved to deny the request due to lack of hardship. Seconded by Mr. Lyke the motion carried by a split vote. Building Official Marka called a roll call vote as follows: Mr. Lenz voted to approve, Mr. Lyke voted to deny, Mr. Gruett voted to deny, Mr. Wood voted to deny and Mr. Ebent voted to approve. 3 HUTCHINSON PLANNING COMMISSION 14INUTES 7/17/90 (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM DAGGETT, HUTCHINSON HANUFACTURING Chairman Craig opened the hearing at 8:20 p.m. with the reading of publication 114142 as published in the Hutchinson Leader on Thursday, July 5, 1990. The request is for the purpose of considering a conditional use permit by the owner to construct a 30'x300' building for painting and sandblasting at Hutchinson Manufacturing located on Hwy 7 West. Building Official Marka commented on his discussion with Mr. Daggett stating setbacks are the same and the building is the same as before only larger. Mr. Lenz made a motion to close the hearing, seconded by Mr. Gruett the hearing closed at 8:25 p.m. Mr. Lenz made a motion to recommend approval to City Council. Seconded by Mr. Lenz the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT FOR PORTABLE BUILDING AT HUTCHINSON TECHNICAL COLLEGE There was discussion on the review of the proposal over so many years. Mr. Lenz moved to continue the proposal and have a representative from Hutchinson Technical College address the Planning Commission with the proposal. (b) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT FOR DANCE STUDIO ON HWY 7 WEST REQUESTED BY JEFF HUNSELL Discussion followed on the parking and traffic flow and the requirements of off - street parking and permits. Mr. Lenz moved the recommend approval contingent on the owner retaining a permit with a site plan to provide adequate hard surface parking to be completed by Fall, 1990, and presented to the Planning Commission by August. Seconded by Mr. Ebent the motion carried unanimously. (c) CONSIDERATION OF FINAL PUD OF MILLER TOWNHOUSES Mr. Lenz moved to recommend approval, seconded by Mr. Lyke the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES 7/17/90 (d) DISCUSSION TO BEGIN ANNEXATION PROCEEDINGS REQUESTED BY ATTY. PETE KASAL FOR HUTCHINSON DEVCO Withdrawn. (e) CONSIDERATION OF EXTENSION FOR MARVIN WILLHITE CONDITIONAL USE PERMIT IN 1984 FOR GARAGE ON HIGH ST. Mr. Marvin Willhite explained the proposal as presented in 1984. Building Official Marka explained the addendum to the setbacks since 1984. Discussion followed on the additional buildings in the yard. Mr. Ebent moved to recommend that Mr. Willhite apply for a conditional use permit and variance to go to a public hearing in August. Seconded by Mr. Lenz the motion carried unanimously. (f) COMMUNICATION FROM STAFF Building Official Marka commented on final approval on floodplain at 3M. He state the drawings are in on the Hospital and Mr. Hornick called with his revised plan. 5. ADJOURNMENT There being no further business the meeting was adjourned at 9:05 P.M. 0 Hutchinson community Hospital a LifeSpan' Member 1095 Highway 15 South. Hutchinson, Minnesota 55350 • Teieoccre c'2 :0' -2'48 July 19, 1990 The Honorable Mayor Paul Ackland and Members of the City Council City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Ackland and City Council Members: At their regular meeting on Tuesday, July 17, 1990, the Hutchinson Community Hospital Board of Directors considered two requests that require your approval. The following reflects discussion and recommendation on those requests: " Resolution, Bond Counsel Seivert and attorney Barry Anderson were present to explain the Resolution (attached). Pursuant to the 1977 Bond Resolution, the Hospital Board is required to make a finding (report), based on a study by the accounting firm of Arthur Andersen & Company, that the net revenues of the Hospital funds are sufficient to retire any existing debt and support new debt at 130 percent. Approval by the Hospital Board and City Council is required prior to the sale of bonds for the current building and remodeling project, which is anticipated on July 24. Following discussion: Motion was made by Myers, seconded by Skeie, to recommend to the City Council approval of the Resolution, as required by the 1977 Bond Resolution, whereas hospital funds are sufficient to retire existing, as well as future debt at 130 percent. All were in favor. Motion carried." buiiaina Yroiect, Guaranteed Maximum Price (GMP) The Board received the guaranteed maximum price (GMP) from M. A. Mortenson for the building project in the amount of $7,871,911. The GMP is based on the most current drawings and specifications issued by Horty, Elving and Associates. A construction contingency in the amount of approximately 4.4% of construction costs is included in the GMP. The Board was reminded that M.A. Mortenson is only guaranteeing constructions costs, and the GMP will not tie out with the overall project cost (see attached letter and GMP). Following discussion: Motion was made by Torgerson, seconded by Skeie, to recommend to the City Council acceptance of the guaranteed maximum price (GMP) by M.A. Mortenson in the amount of $7,871,911. All were it favor. Motion carried." /T Mayor Ackland and City Council Representatives July 19, 1990 Page Two Thank you for your consideration of these requests questions, please contact me. Sincerely, i HU NSON COW N TY 0 PITAL Philip Vs Adminis PGG:lm Enclosures If you have any i i RESOLUTION FOR ADOPTION BY BOARD OF DIRECTORS OF HUTCHINSON COMMUNITY HOSPITAL THIS IS TO CERTIFY: that at a meeting of the Board of Directors of Hutchinson Community Hospital, duly called and held on July 17, 1990, the following resolutions were adopted and are in full force and effect without modification. BE IT RESOLVED, by the Board of Directors (the "Board ") of Hutchinson Community Hospital (the "Hospital ") as follows: Section 1. Recitals A. This Board has previously approved the undertaking of improvements to the Hospital, consisting of the construction of an approximately 50,000 square foot addition to be connected to the eastern wing of the existing hospital building, the remodeling of approximately 40,000 square feet of the existing hospital and medical office building and the acquisition and installation of items of equipment (such construction, remodeling and acquisition and installation being herein . referred to as the "Project "), and the issuance by the City of Hutchinson (the "City ") of its general obligation bonds to finance the Project. The approval of the Board of the issuance of the bonds, by the City was subject to the condition that no series of bonds shall be issued unless. and until this Board has made any necessary findings required by Section 7 of Resolution No. 5894 of the Hutchinson City Council with respect to such series of Bonds. B. To finance a portion of the costs of the Project it is proposed that the City issue its $3,125,000 General Obligation Medical Facilities Revenue Bonds, Series 1990 (the "Tax Exempt Bonds ") and its $3,150,000 General Obligation Taxable Medical Facilities Revenue Bonds, Series 1990 (the "Taxable Bonds "). Bids for the purchase of the Tax Exempt Bonds and Taxable Bonds are scheduled to be received on July 24, 1990, at which time the interest rates on such bonds will be determined. In connection with the Project and its financing, Arthur Andersen 5 Co. has prepared a financial feasibility study (the "Feasibility Study ") to evaluate the ability of the Hospital to meet its operating expenses, working capital needs and other financial requirements, including the debt service, requirements associated with the bonds proposed to be issued by the City for the Project. A copy of the Feasibility Study has been presented to and reviewed by this Board. 9 `l —mti Section 2. Sufficiency of Net Revenues of Hospital . Based upon the Feasibility Study and assuming that the interest rate for the Tax Exempt Bonds does not exceed 7.25% and the interest rate for the Taxable Bonds does not exceed 9.5% (which are the interest rate assumptions contained in the Feasibility Study), this Board estimates that the Net Revenues (as defined in Resolution No. 5894 of the Hutchinson City Council) of the Hospital will be at least sufficient to pay promptly and in full 130% of the average amount payable on the Tax Exempt Bonds, the Taxable Bonds, the Hospital and Related Medical Facilities Revenue Bonds of the City, dated as of January 1, 1977 and the Installment Purchase Contract dated May 15, 1990 by and between Norwest Investment Services, Inc. and the City, which upon issuance of the Tax Exempt and Taxable Bonds will be the only obligations payable from the Net Revenues of the Hospital. Dated: , 1990. Secretary Attest: Any Director . 0 Gen W connaaon Con_:n,aaln Manpen M.A. MORTENSON COMPANY July 12, 1990 Mr. Phil Graves, Administrator Hutchinson Community Hospital 1095 Highway 15 South Hutchinson, Minnesota 55350 Re: Hutchinson Community Hospital Guaranteed Maximum Price Dear Mr. Graves: 700 Mea0o. lane Nona My waoa,a. Mwwwwa $5+12 612522.2100 FAX 611.5241430 Ma4 A001"S P 0 Boa 710 M,nneiOW,s M.nnesola SS 40 We arc pleased to present this Guaranteed Maximum Price Document for the Expansion and Remodeling to the Hutchinson Community Hospital. This GMP estimate is based on the most current drawings and specifications issued by Horty Ewing and Associates for the various parts of the work. More specifically, the estimate for the substructure, structure and masonry enclosure work is based on the Phase 1 documents: the balance of the enclosure and the mechanical and electrical work is based on the Design Development drawings and specifications; and the interior general construction is based on the preliminary construction drawings issued by Horty Elving on June 19 in conjunction with the Design Development specifications. The specific documents utilized are identified in Section D. 'Documents List' bound herein. Upon receipt, we will review the completed construction documents scheduled for issue later this month. Any scope of work or cost issues which arise from this review will be presented to the project team for timely resolution. IN As stated in Section E. 'Clarifications and Assumptions', the GMP is based upon the estimate for the Medical Center, Sitework/Parking, Commons/Canopy and Hospital Base Bid work. The details of the estimate are bound in Section B. Also included in Section B, but not included in the GMP, arc the estimates for four alternates: Dining Room Expansion, Mental Health Outpatient Clffices Remodeling, DDC Controls for HVAC Equipment, and the construction of the new Employee Facilities in the lower level. The cost (including contingency and fee) for those altemates is summarized in Section G, 'Alternates A construction contingency in the amount of approximately 4.4% of construction costs is included in the GMP. This contingency is to account for the incomplete nature of the design documents and is to be used at the discretion of MAMortersson Company to adjust the estimate for normal quantity and price estimate 'tolerances" and other eventualities that may occur during the project and which cannot be quantified in advance. This contingency is not provided to allow for changes in the scope of the work. We nxommend that the Hospital allow for separate contingencies for Owner - generated changes and change resulting from dimensional conflicts or inconsistencies in the construction phase design documents. 1- 011Ces In Cem,et. Coo • MinneaoWM. p,4 n Ola . RO "esler M , nnesWa . SI Pain Mmnesora - Sea"*. wain,nQlon 11 HUTCHINSON COMMUNITY HOSPITAL GUARANIS MA)aMUM PRICE JULY 10, 1990 Cost per July 10, 1990 GMP Estimate: o Medical Center 52.163318 o Sitework/Parking 515,41& o Commons /Canopy 324,206 o Hospital Base Bid 4,281,800 Subtotal 57294,742 Construction Contingency (3% on Medical Center, 5% on balance) 320,970 Subtotal 57.605,712 Construction Management Fee (3.5%) 266,199 Total GMP 57,871,911 0 �4- (612) 587 -5151 ff ITY OF HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 July 19, 1990 M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM GARY PLOTZ, CITY ADMINISTRATOR RE MUTUAL AID CONTRACT FOR FIRE SERVICE The Emergency Services Director recommends approval of this agreement. He has consulted with the Fire Chief who also agrees. U 0 McLEOD COUNTY FIRE CHIEF'S ASSOCIATION McLeod County Law Enforcement Center 801 East 10th St. Glencoe, MN 55336 (612) 864 -3134 BROWNTON GLENCOE HUTCHINSON LESTER PRAIRIE PLATO SILVER LAKE STEW ART WINSTED ��FF _ & CO"iD TO: McLEOD Co. FIRE CHIEFS DATE: JULY 17, 1990 RE: MUTUAL AID CONTRACTS FIRE CHIEFS; It has come to our attention that the current mutual aid contracts have expired as of spring 1989. Enclosed in this envelope please find a new contract with an original page for your city. Please submit this contract to your city council and have them sign the appropiate spaces as marked. The original page for your city is the white page, and the copies are the beige sheets. For your information the only significate changes are found on page 1, where McLeod Co. is mentioned in the contract, and on your original page for your city, where the time frame has been made indefinate and combined with the clause reguarding withdrawing with a written notice. Please return the original page for your city at your earliest possible convenience. As soon as all contracts are resubmitted copies of the signed contracts will be distributed to each department and the original will go on file at the McLeod Co. Emergency Services Office. Thank you; Jerry Pawelk McLeod Co. Fire Chiefs Assoc. President Duane Hoeschen McLeod Co. /Hutchinson Emergency Services i 0 0 MCLEOD COUNTY FIRE MUTUAL AID AGREEMENT. PAGE 1 This agreement, made and entered into this day of 1990, by and between the following fire departments and governmental units: Brownton, Glencoe, Hutchinson, Lester Prairie, McLeod Co, Plato, Silver Lake, Stewart, and Winsted. WHEREAS, the said municipalities desire to make available to each other their respective fire fighting equipment and personnel in the case of emergencies, and each said municipalities has legal authority to send its fire fighting equipment and personnel into other communities, 0 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: That in consideration of the mutual convents, agreements and undertakings hereinafter set forth, each of the parties hereto agrees to furnish fire fighting assistance to any others when called upon by the Fire Chief or Fire Department Officer in charge of any of the other parties hereto, subject to the following conditions, to wit: 1. That road and weather conditions must be as such that the fire run can be made with reasonable safety to the firefighters and equipment, and the decision of the Fire Chief or Fire Department Officer in charge, shall be final in such matters. 2. That in the event all of the fire apparatus and all, or most, of the members of the fire department of any community so called upon for fire assistance by one of the other parties 7, 4 -IJ11 - 11W MCLE00 COUNTY FIRE MUTUAL AID AGREEMENT PAGE 2 hereto are in use in said community at the time the cal comes in from the other party, or in the discretion of the Fire Chief or Fie Department Officer in charge, such apparatus or members may be needed in said community, the said community be held free and relieved from all liability to make said run or to respond to said call. 3. That in the event any apparatus and members of the fire department engaged in fire fighting for the benefit of the party calling for assistance, or in the response to a call from said party, shall be needed to fight fire, or for any other purpose in its own community, that apparatus and the members of said fire department may be recalled to its own community before completing the fire fighting for the other party and said assisting party shall be held free from any liability to continue fighting said fire. 4. If one or more fires, or another emergency, occurs within the limits of any of the above municipalities, or within the limits of any territory in which any of the said municipalities has contracted to furnish fire fighting equipment and personnel, and the fire fighting equipment or personnel of any of the municipalities executing this contract is, in the judgement of the Fire Chief or the Fire Department Officer in charge of its own department, insufficient to control or extinguish the fire or fires or other emergency, an "emergency" °-MMIMW = y MCLEOO COUNTY FIR _ MUTUAL AID AGREEMENT PAGE 3 _ o shall exist for the purpose of this agreement. 5. If an emergency, as defined in Paragraph 4, arises, any of the persons who are entitled by Paragraph 4 above to determine an emergency may call upon the fire department of one or more of the municipalities above named for assistance. If all the fire fighting equipment and personnel of any of the said municipalities is engaged in fighting fire, the Fire Chief or the Fire Department Officer in charge of the Fire Department of any other such municipality whose fire fighting equipment is not engaged in fighting fire may be requested by the Fire Chief or the Fire Department Officer in charge of the assisting party to send equipment and personnel to the empty fire station to be available for call if'required for any fire or emergency. It is the intention of the parties to this agreement to cooperate in the event of an emergency by making available necessary fire fighting equipment and personnel from the nearest fire stations and during such an emergency, to rearrange fire fighting equipment of the parties so as to make the remaining equipment and personnel available for the use in the event other fires shall occur anywhere throughout the territory of these municipalities. 6. Upon receipt of a call for assistance as set forth in Paragraph 5, the fire department of any of the parties hereto shall promptly dispatch at least one fire truck with the usual 7. The fire fighting equipment and personnel of any fire department assisting the fire department of another municipality in an emergency will, upon arrival at the scene of the emergency, be under the command of the Fire Chief or the Fire Department Officer in charge for the municipality within whose boundaries the emergency is situated. 8. No charge shall be made by any party for assistance rendered to another party under this agreement. 9. The community asking for, and recieving assistance from any other party shall not be held liable for any damage to the Property of the assisting party while answering the call for assistance. Each party shall carry its own liability insurance for the benefit of itself, its equipment, and its firefighters MCLEOD COUNTY SIRE + MUTUAL AID AGREEMENT PAGE 4 number of personnel to assist in fighting the fire which caused the emergency, or to render stand -by service as the case may be, orovided that no fire department of any of the said parties shall be obligated to send its fire equipment or personnel beyond its boundaries if that would leave such municipality without any fire equipment or personnel available within its limits for service at any fire which might subsequently arise within. In extreme emergencies, however, every effort will be made to redistribute fire fighting equipment and personnel so that it would be made available for any additional fires which might arise during the emergency. 7. The fire fighting equipment and personnel of any fire department assisting the fire department of another municipality in an emergency will, upon arrival at the scene of the emergency, be under the command of the Fire Chief or the Fire Department Officer in charge for the municipality within whose boundaries the emergency is situated. 8. No charge shall be made by any party for assistance rendered to another party under this agreement. 9. The community asking for, and recieving assistance from any other party shall not be held liable for any damage to the Property of the assisting party while answering the call for assistance. Each party shall carry its own liability insurance for the benefit of itself, its equipment, and its firefighters McLEOD COUNTY FIRE MUTUAL AID AID AGRE MENT PAGE 5 while in the service of any other party and each party shall carry liability insurance saving both itself and the other party being assisted, harmless so far asa negligent acts of the firefighters in the employee of said party are concerned. 10. No party to this agreement, nor any officer or employee of any party, shall be liable to any other party or to any other person on account of failure to any party to this agreement to furnish its firefighting equipment or personnel in response to a call for assistance from any other municipality. 11. While each party in answering a call from some other party hereto shall attempt of furnish a reasonable number of firefighters on each piece of equipment answering such a call, the discretion of the Fire Chief or the Fire Department Officer in charge of the equipment and department of said party shall be final as to the number of firefighters that can be spared. 12. That in the event of fire calls from two or more communities or parties hereto, the first call shall have priority and the second call shall be answered as soon as possible with the understanding between all the parties that property within the limits of each community shall have first call on the service of its own fire department. 13. No liability shall be incurred by a party who shall have summoned assistance under this agreement for damage to, or destruction of firefighting equipment of a party rendering such McLEOD COUNTY FIRE 01 4 1 " ; O O X-T �"� L --v .} �t assistance under this agreement for damage to, or destruction of, fire fighting equipment of a party rendering such assistance. 14. That the governing body of each party hereto will appoint the Fire Chief or his designee of that community to serve as a member of an association formed for the purpose of furthering the purposes of this agreement and increasing the efficiency of the fire fighting services of these municipalities by exchange of information, standardization of equipment, education of personnel, perfection of fire alarms throughout the territory of these municipalities and such other matters as will serve to mutually assist these municipalities in the prevention and extinquishment of fires. 15. A copy of this agreement will be posted at the fire station of each party hereto. Subject to all of the above conditions, each of the parties hereto agrees to make every reasonable effort to attend fires in any of the other communities mentioned herein when such assistance is requested as provided above. 16. This agreement shall be binding on a party upon reciept and filing by the Secretary of the McLeod County Fire Chief's Association of a certified copy of this agreeement properly executed by said party. 17. Parties to this agreement shall comply with National L Fire Protection Association (NFPA) Pamphlet 19 specifications for by authority of its governing body, this 1990. of City of Hutchinson (name of party) Its M Mayor Its City Clerk I] MCLEOD MUTUAL COUNTY AID AGREEMENT FIRE PAGE 7 (Htc) fire apparatus. Application to be included in this agreement must be approved by a majority of the then current parties to this agreement. 18. This agreement will not expire. Any party hereto may withdraw from this agreement by thirty days written notice to the other parties. IN WITNESS WHEREOF, the City Council of Hutchinson has caused this Agreement to be signed in its name by its Mayor and its City Clerk by authority of its governing body, this 1990. of City of Hutchinson (name of party) Its M Mayor Its City Clerk I] DAVID D. ARNOLD CHARLES R. CARMICHAEL GARY D. M�DOWELL is STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOPE LAURA K. PRETLAND DAVID A. BRUE"EMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES DTLEY JULIA A. CHRISTIANS RICHARD G. McGEE TIMOTHY W. FAPINSRI 0 7' July 20, 1990 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, Minnesota 55350 OP [OUTS L WILLIAM W. CAMERON CHARLES CLAYTON GARY W. DECKER 5881 CEDAR "HE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 5n5 -F'3 00 Mti TOLL FREE 600- J4'J -45J5 TELECOPIER(012) 545-1789 l \ 5DI SO[TH FOURTH STREET il \PH1ti GETON, MINNESOTA 55091 ( 080- 2214 ) TELECOPIER (612)060 -5506 � G V��S� zVyJ Re: Hospital Bond Issue (Hospital Remodeling Project) Our File No. 3750 -88 -0004 Dear Gary: Peter Worthington, the representative of M.A. Mortenson Company contacted me on Friday afternoon and advised me that two additic contracts are ready to be awarded regarding the hospital project I suggested that he immediately contact your office and make certain this matter was placed on the agenda for Tuesday evening. He called me back and advised that he was apparently too late to make the agenda. We will need to award these contracts on Tuesday evening and there- fore, I would ask that you place this matter under other business. Also, at the close of our second meeting in June, I asked that approv- al of'the bid specifications package be set on the agenda for the first meeting in July, but because of the crush of other business, this did not take place. Accordingly, I would ask the approval of the bid s'oecificat_ions take place at the meeting on Tuesday evenincr as well. The bid specifications package was provided to you at our second meeting in June. Any council member wishing to review it certainly should feel free to do so, but I do not believe it would be cost effective or necessary that every council member receive a copy of this several hundred pace document. The speci- fications are the technical data necessary to construct the project and were prepared by M.A. Mortenson Company. If you have any questions in connection with any of the foregoing, you should certainly feel free to contact me. .CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION A`INOLD & MGDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (612) 567 -7575 TELECOPIER (612) 567 -4086 RESIDENT ATTORNEY O. BARRY ANDERSON /O - n Mr. Gary Plotz July 20, 1990 Page 2 Thank you for your time and attention to this matter. Best personal regards. Very tr ARNOLD G. Barry Anderson GBA:sm 0 • DAVID D. ARNOLD . CHARLES R. CARMICHAEL" GARY D. M�DOWELL STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. PRETLAND DAVID A. DRUEGGEMANN PAUL D. DOVE JOSEPH M.PAIEMENT JAMES 6'TLF.Y JLLIA A. CHRISTIANS RICHARD G. NIGER TIMOTHY W. FAFINSRI • • July 24, 1990 ARNOLD & MODOWELL ATTORNEYS AT LAW 101 PARR PLACE HGTOHINSON, MINNESOTA 55350 (912) 587 -7575 TELECOPIER(612) 587.4098 RESIDENT ATTORNEY G. BARRY ANDERSON Gary D. Plotz Hutchinson City Administrator 45 Washington Avenue West Hutchinson, MN 55350 Re: Hospital Bond Issue Our file no.: 3750 -88 -0004 Dear Gary: OP GO VIiS EL WILLIAM W. CAMERON CHARLES CLAYTON GARY w. DECKER 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (012)545 -9000 HN TOLL FREE 800- 343 - 4545 TELECOPIER (012) 545-1703 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 - 2214 TELECOPIER(512) 389 -5506 2, 22 23 2g2 b J r L „e J By ' 1c's. e FFA Enclosed is a summary of the contracts to be awarded this evening. I have asked Peter to bring all of the contracts together for the mayor's signature. He expects to do so late this week. Please call with any questions. Very truly yours, ARNOLD & DO LL G. B r Anderson GBA:sm CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST RY THE MINNESOTA STATE "AN ASSOCIATION / ' FROM :KONICA FAX TO: 612 597 4996 JUL 23, 1990 12 :33PM P.02 General Contractors Construction Managers 9 • 1 0 M.A. MORTENSON COMPANY July 23, 1990 Arnold & McDowell Attorneys At Law 101 Park Place Hutchinson, MN 55350 Attn: Barry Anderson 700 Meadow Lane North Minneapolis, Minnesota 55422 612. 522 -2100 FAX: 612.520 -3430 Mailing Address. P.O. Box 710 Minneapolis, Minnesota 55440 Re: Hutchinson Community Hospital Contract Awards Dear Barry: The following are the Phase 1 Contract Awards which need to be approved by the City Council: Contract No. 5 - Cast in Place Concrete: Terwisacha Construction Co. Contract No. 6 - Structural Precast Concrete: Bladholm Brothers Co. Contract No. 7 - Masonry & Architectural Precast: Donlar Construction Co. Contract No. 8 - Structural Steel: The Hustad Company In all cases the award has gone to the low, responsive bidder. All contracts have been drafted and sent to the contractors for their signature. we expect to receive the signed contracts by the end of this week and will forward them to the mayor for signature accordingly. Very truly yours, Peter Worthington Project Manager cc: Phil. Graves - Hutchinson Community HospitaljZ Gib Lehman - Hutchinson Community Hospitals/ ,,,,, Offices in; Minneapolis. Rocneswr, Grand Rapids, St. Paul, MN • Derwer, Colorado Springs. CO • Seattle, WA REGULAR COUNCIL MEETING ------------------------------------------------------------------------ JULY 24, 1990 W ATER & SEWER FUND employer contribution 41.33 *Withhold Tax Acct employer contribution 705.36 *P.E.R.A. employer contribution 391.90 *Holiday Inn Mankato rooms Lanz & Graham 106.00 Aagard West July curbside 586.30 Bro Tex supplies 105.05 Central Garage May repairs 697.33 Curtin Scientific supplies 246.55 DPC cloride 45.00 Dyna Systems bits & blades 88.32 Gopher State 1 Call June service 172.50 Grainger valve 52.85 Hach Co. supplies 100.34 Hotsy Corp detergent 77.00 Hutch Tech College workstudy students 462.36 Hutch Utilities electricity 260.90 ISD #742 Community Schools workstudy students 59.25 John Henry Foster load genie 24.63 Leeds & Northrup electrode 88.76 McLeod Landfill waste disposal 33.68 MN Valley Testing tests 56.00 Nalco Chemical optimer 7,950.00 P & L Mechanical appl #9 final 2,000.00 P.E.R.A. employer contribution 400.61 O r laza OK supplies 43.50 Quade Electric repair & supplies 396.79 Tri County Water salt 17.20 VWR Scientific supplies 158.17 Wm Mueller gravel 420.00 TOTAL $15,746.35 CENTRAL GARAGE *Withhold Tax Acct employer contribution 94.64 *P.E.R.A. employer contribution 41.33 Catco brake lining 12.99 Hansen Truck Service readjust idle speed 31.00 Hutch Machine & Tool sharpen blades 60.00 Jerry's Transmission pump & balance 193.51 P.E.R.A. employer contribution 55.42 Quade Electric emt .75 Safety Kleen service 125.50 Snap on Tools sockets 99.95 TOTAL $715.09 • // 7�' 2 ' GENERAL FUND *Martin & Lida Prieve land option 500.00 *Daniel Mattson land option 500.00 *Beaver Mountain Water Slide 33 tickets 214.50 *DNR registration fees 140.00 *P.E.R.A. employer contribution 5,064.58 *Hutch Telephone Co telephone 83.55 *Com of Revenue June arena sales tax 13.20 *Withhold Tax Acct employer contribution 4,301.37 *Valleyfair 43 tickets 509.55 *MN Twins 23 tickets 138.00 *DNR registration fees 130.00 7 West Wash wash 21.75 A & B Electric bid work 136.00 Ackland, Paul meetings 43.69 Albrecht, Minnie refund Canterbury 8.00 Allied Mechanical cleaned air filter 44.35 Am Red Cross books & class 127.50 Am Hotel Register supplies 108.53 American Risk July services 800.00 Amoco Oil fuel 318.65 Anderson Interiors paint 293.76 Arnold & McDowell July prof services 3,000.00 Beatty, Ted refund shelter resery 14.00 Bernhagen, John meeting expenses 86.19 � ig Bear supplies 101.84 Block, Nanci refund baseball 7.00 Bolland, Joanne refund swim lessons 8.00 Brinkman, Milt July office rent 175.00 Brinkman /Schlecht small cities loan 431.40 Brown's Greenhouse flowers 79.96 Camera Shop film 6.02 Cash Wise supplies 301.49 Central Garage May repairs 7,478.54 Century Labs kleen green 78.83 Chamber of Commerce HCLD Moon & Rodeberg 500.00 Charles Bailly audit work 8,100.00 Chrast, Grace refund swim lessons 16.00 Coast to Coast supplies 47.94 Coca Cola supplies 326.67 Copy Equipment paper 62.90 County Treasurer DL fees 124.00 Crosby, Jenny umpire 20.00 Crow River Glass fix door 20.00 Cy's Uniforms uniforms 244.65 Dept of Transp hanger loan payment 700.00 Earl Anderson signs 24.79 Eileen Goeders Estate contract payment 1,500.00 Electro Watchman semi annual charge 180.00 Erickson, Don outing expense 108.00 4k rickson Oil fuel 16.50 ricksons More 4 supplies 15.27 3 Fahey Sales /Miller Bldg Fahey Sales /Shingobee Feed Rite Fitzloff Hardware Floor Care Gall's Galles, James Gehlen, Gary Grina, Lisa Hansen Truck Service Healy, Sandra Henning, Gerald Henry's Candy Hensen, Mark Higginbotham, Ruth Holtz, Mark Hutch Hockey Moms Hutch Utilities Hutch Tech College Hutch Plumbing & Htg Hutch Com. Hospital Hutch Convention & Visitor Bur Hutch Med Center Hutch Police Department Int Conf Bldg Off Jayco Aviation 0, erabaek Machine Shop Jim's Garden SErvice Joe's Sport Shop Joe's Sport Shop Johnson, Lisa Jones, Charles K -Mart Kannianen, Roxie Krueger, Harold L & P Supply Lake Jennie Repair Lano Equip League of MN Cities Lee Collins Lopac, Mark rLudowese, Jeanne Madson, Steve Marco Marka, Jim McCormick, Brian McGarvey Coffee Mini Biff MN Playground MN Elevator Morrison, Patricia eenah Foundry icklasson Athletic small cities loan 3,388.65 small cities loan 2,918.90 chemicals 484.52 supplies 132.93 supplies_ 129.15 tape 95.59 umpire 16.00 umpire 20.00 meeting expenses 13.17 gears 630.32 refund Valleyfair 14.00 refund swim lessons 16.00 supplies 375.75 meeting expenses 33.14 refund Canterbury 8.00 umpire 24.00 72 concession hours 288.00 electricity 8,089.67 workstudy students 1,921.85 pool heater check 127.20 valleyfair tickets 272.00 May lodging tax 1,501.36 Fenske physical 200.00 dog license reimburse 2.00 dues 75.00 fuel 8,482.50 pipe 40.28 mowing lots 630.00 ribbons 248.00 plate 3.00 refund swim lessons 16.00 travel expenses 35.67 supplies 22.51 refund shelter resery 10.00 July 9 dance 70.00 supplies 124.33 auto repairs 159.20 rental 336.69 dues 4,847.00 tape 79.95 gas key refund 50.00 refund swim lessons 16.00 expenses 120.37 repair 84.38 meeting expenses 15.45 safety boots 30.00 coffee 27.45 rental 120.00 springs 84.50 elevator service 55.70 refund swim lessons 8.00 rings 520.00 pitching rubbers 89.70 Northland Bev pop 41.25 �lson, Charles refund Valleyfair 14.00 P.E.R.A. employer contribution 4,814.94 Peterson, Bridget reimburse supplies 5.64 Plaza OK supplies 39.97 Prairie House June meals 11.00 Prashek, Carol refund swim lessons 6.00 Quade Electric repair & supplies 462.51 R.L. Polk manuals 32.50 Reid, Charlene refund swim lessons 8.00 Rettke, Kate refund swim lessons 8.00 Rodeberg, John license renewal 58.00 Runke, Joleen logis meeting 28.49 Saltman salt 90.00 Schmeling Oil grease tubes 22.70 Schuette, Brenda 10 hours 42.50 Secretarian ser- B.Lamp & M.Swanson 1,079.50 Security State Bank car lease 230.71 Share Corp cleaner 82.49 Sheep Shedde license refund 624.99 Shopko supplies 70.35 Star Cable July service 4.05 Steele, Kathryn flashlight pouch 9.50 Streichers uniforms & supplies 4,118.90 Stromseth, Connie refund swim lessons 8.00 Sustacek, Steve umpire 16.00 wanson, Vicki refund swim lessons 8.00 Thorson, Wendi refund Valleyfair 14.00 Tri- County Water salt 25.80 Up & Away Balloons balloons for dance 24.00 US West July service 98.54 VFW Post 906 July 4 food 180.00 Viking International poly bag 41.23 Whalen, Kathy 36 hours worked 252.00 Wm Mueller gravel 451.00 Xerox 5052 use & dry ink 918.51 Zee Medical supplies 105.70 TOTAL $88,424.62 5 BOND FUNDS YOUTH CENTER *Withhold Tax Acct *P.E.R.A. P.E.R.A. Star Cablevision Frito Lay Jude Candy Northland Bev Tombstone Pizza RURAL FIRE DEPT *Withhold Tax Acct 1980 TAX INC DEBT SERV Fahey Sales /Shingobee Bldrs Fahey Sales /Miller Bldg Brinkman /Schlect Const BURNS MANOR CONST Joerns 1990 TAX INC CONST FUND Pace LIQUOR FUND City of Hutch P.E.R.A. City of Hutch City of Hutch Withhold Tax Acct P.E.R.A. Kandi Ice Junker Sanitation Coca Cola Bernicks Pepsi Col MIT Natl Guard Quality Wine Griggs Cooper Johnson Bros Liquor Ed Phillips Triple G Locher Bros Friendly Bev Lenneman Bev is City of Hutch employer contribution 62.42 employer contribution 36.56 employer contribution 36.56 Aug service 24.30 supplies ice 38.50 supplies 108.75 41.00 supplies supplies 33.92 pizzas 20.00 56.16 5,328.56 TOTAL $329.42 employer contribution 28.92 8% loan 1,107.16 8% loan 1,285.35 8% loan 37.52 TOTAL $2,430.03 furniture 2,848.10 prof services 377.73 lottery sales 662.00 employer contribution 187.76 lottery sales 580.00 payroll 4,582.02 employer contribution 330.23 employer contribution 190.66 ice 968.55 refuse charges 108.75 supplies 8.00 supplies 33.60 adv 20.00 wine & liquor 5,328.56 wine & liquor 5,407.94 wine & liquor 6,207.65 wine & liquor 2,026.71 beer 9,211.00 beer 8,195.30 beer 245.80 beer 8,680.40 lottery sales 1,117.00 TOTAL $54,091.93 AR�NOLD & MGDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON. MINNESOTA 55380 (912) 587 -7575 TELECOPIER(612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON TO: Members of Planning Commission & FROM: Barry Anderson DATE: July 11, 1990 FOR YOUR INFORMATIOR Or COtWSEL WILLIAM W. CAMERON CHARLES CLAYTON GARY W. DECKER 5881 CEDAR LAKE ROAD HINREAPOLIS. MINNESOTA 55416 (812)548 -9000 MN TOLL FREE 600.343 -x343 TELECOPI£R(812) 545 -1793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55971 (612) 389 -2211 TELECOPIER(612) 389.5506 City Council o-. V0 EY -- - RE: Conditional Use Permit and Zoning Matters Questions arise from time to time regarding the legal standard used by the Courts in analyzing whether or not a zoning decision should be upheld. I am enclosing a copy of the Brine decision which was announced by the Court of Appeals on June 29, 1990. As the Court in the Brine matter advised, for all zoning matters "the standard of review is whether the zoning authority's action was reasonable." In considering such matters as variances, conditional use permits and similar issues, I think it is useful to note that the Court is likely to look for a reason to support the action taken by the City as opposed to looking for a reason to overturn it. In any event, the Court of Appeals and the Supreme Court have made it clear that some discretion must be accorded to the city. For this reason, I think it is very important, particularly in contested matters, that the city set out in detail its reasons for taking a specific action. Ultimately, this is a City Council problem since most of the actions of the Planning Commission are ultimately supported and upheld by the City Council. However, I think it would be helpful in preparing findings for action by the City Council that in contested cases detailed reasons for the action taken be stated. For example, if concerns about traffic and safety are issues, they should be so stated. I have attached a copy of the Brine decision for your review. Please do not hesitate to contact me with any questions. Thank you GBA:lm Attachment CERTIFIED AS A CIVIL TRIAL SPECIALIST By THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD CHARLES R. CARMICHAEL" • GARY D. M STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN' S. HOLE LAURA R. PRETLAND DAVID A. BRCEGGEMANF PALL D. DOVE JOSEPH M. P_UE4ENT , LAMES CTLEY J'. - 1.L. A. CURISI'IANS Rl'11ARD- M -IFF TIMOTHY M'. FAFINSEI AR�NOLD & MGDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON. MINNESOTA 55380 (912) 587 -7575 TELECOPIER(612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON TO: Members of Planning Commission & FROM: Barry Anderson DATE: July 11, 1990 FOR YOUR INFORMATIOR Or COtWSEL WILLIAM W. CAMERON CHARLES CLAYTON GARY W. DECKER 5881 CEDAR LAKE ROAD HINREAPOLIS. MINNESOTA 55416 (812)548 -9000 MN TOLL FREE 600.343 -x343 TELECOPI£R(812) 545 -1793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55971 (612) 389 -2211 TELECOPIER(612) 389.5506 City Council o-. V0 EY -- - RE: Conditional Use Permit and Zoning Matters Questions arise from time to time regarding the legal standard used by the Courts in analyzing whether or not a zoning decision should be upheld. I am enclosing a copy of the Brine decision which was announced by the Court of Appeals on June 29, 1990. As the Court in the Brine matter advised, for all zoning matters "the standard of review is whether the zoning authority's action was reasonable." In considering such matters as variances, conditional use permits and similar issues, I think it is useful to note that the Court is likely to look for a reason to support the action taken by the City as opposed to looking for a reason to overturn it. In any event, the Court of Appeals and the Supreme Court have made it clear that some discretion must be accorded to the city. For this reason, I think it is very important, particularly in contested matters, that the city set out in detail its reasons for taking a specific action. Ultimately, this is a City Council problem since most of the actions of the Planning Commission are ultimately supported and upheld by the City Council. However, I think it would be helpful in preparing findings for action by the City Council that in contested cases detailed reasons for the action taken be stated. For example, if concerns about traffic and safety are issues, they should be so stated. I have attached a copy of the Brine decision for your review. Please do not hesitate to contact me with any questions. Thank you GBA:lm Attachment CERTIFIED AS A CIVIL TRIAL SPECIALIST By THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION STATE OF MINNESOTA IN COURT OF APPEALS C6 -90-84 Crow Wing County Schumacher, Judge In Re the Appeal of Gerald Stephen C. Ratlike Brine and Beverly Brine, from Crow Wing County Attorney the Denial of Tbeir Conditional Dennis M. Lothspeich Use Permit by the Crow Wing Asst. Crow Wing County Board of Adjustment. County Amy P.O. Box 411 Brainerd, ,vcN 56401 Attorneys for - Crow Wing County Thomas Fitzpatrick Fitzpatrick, Larson, Fitzpatrick & Nelson - P.O. Box 631 - - ' Btai[=d, ,NtN 56401 7:77 - _ _ - Attorneys for Gerald Brine -' and Beverly Brine F Lune 26 1990 - _ Office of Appellate Courts SYLLABUS The Crow Wing County Board of Adjustment has the authority to interpret its own zoning ordinance and its decision will be messed only if it is unreasonable. Reversed. Considered and decided by Kalitowski, Presiding Judge, Foley, Judge, and Schumacher, Judge. OPINION SCH NIACHE.R, Judge (Hon. Clinton Wyant, District Court Trial Judge) The Crow Wing County Planning Commission (Planning Commission) denied respondent: Gerald and Beverly Brine's application for a conditional use permit to operate a private marina an their lot. On appeal, the Crow Wing County Board of Adjustment (Board) upheld the Planning Commission's denial of respondents' application. Upon judicial review of the Board's decision, the trial court found the proposed strucrure is a dock, cot a marina, and reversed the Board's decision. : _. FACTS _ _- Respondents own a tract of land on Whitefish Lake in Crow Wing County with 935 feet of lakeshore. They applied to the. Planning Commission for a zoning classification change and a planned unit development (P.U.D.) conditional use permit to develop townhouses on the property. The Planning Commission and the Board approved the final plat of the P.U.D.,tonditioned on boat mooring limited to a structure containing no more than I1 boat slips. Respondents excluded the lot which is the subject of this appeal from the plat of the P.U.D. The lot has approximately 150 feet of fakesbore, and is adjacent to the P.U.D: but within the 935 feet of lakesbore owned by respondents The lot is to remain entirely undeveloped, the sole purpose being for the placement of a strucnue to provide up to 13 boat slips for the backlot owners of the townhouse unite v The Crow Wing County Planning ind Zoning Office notified respondents that the proposed use of their tot would constitute a private marina under the Crow Wing County Zoning Ordinance (Zoning Ordinance), and they were, therefore, required to obtain a conditional use permit. The P inning Commission and the Board denied respondents' application for the permit. - - - -- Respondents brought a declaratory judgment action, argufng' the proposed use of their lot constitutes a dock not a marina, and is beyond the authority of the Zoning Ordinance. They also alleged that the Board's denial of the conditional use permit was arbitrary and net supported by the cwderce. - - The trial court found that the proposed structure constituted a dock and not a marina, and therefore a conditional use was not required. In making this finding, the trial court us definition of a marina contained in the rules promulgated by Me Minnesota Department of Natural Resources (D.N.R.) as fol. lows: ;Marina" means either an inland or'offshere strut - cure for concentrated mooring of five or mor e. watercraft wherein faci:ities are prcv:ded ecr ancI- lary services such as bear mooing, storage, fueling, launc. ^.frig. mechanical re'pa:rs, sanitary rempeut, and restaurant se^. :ices. - Minm R. 6115.0170, subp. 20 (19591. The Board appeals arguing the trial court erred in using the D.N.R.'s definition of a marina to interpret the Zoning Ordinance, and even if this definition is applicable, the proposed structure wouldstill constitute a mariha. ISSUE ' ' Did the trial court err in holding that the proposed land use is not a marina requiring a conditional cue permit under the Zoning Ordinance? ANALYSTS For all zoning matters, the standard of review is whether the ! zoning authority's action was reasonable. Hand v. City of Coon Rapids, 313 N. W.2d 409, 416 -17 (Minn. 1981). The trial court may overturn the zoning authority's finding only if the decision i was unreasonable, arbitrary or capricious.. Id. The trial court trade no finding that the Planning Commission's decision was unreasonable, arbitrary or capricious. It is unclear what scope of {ITt¢ m Mimesaa is clear Thai admtntstratiortof coning ordinances is a governmental not a proprietary function • r' Fraulc's Nursery Sales, Inc. v City of Roseville, 295 N. 604: (lvfi _607 na 1980). The Minnesota Supreme Cour repeatedly stated: - :- fir° _�_'. • -_ _:z '.y with respect to The decisions of municipal and other governmental bodies having the duty of making decisions involving judgment and discretion that it is not the province of the court to substitute its judgment for that of the body making such a decision, but merely to determinewhether that body was within its jurisdiction, was not mistaken as to the applicable law, and did not act arbitrarily, op- pressively, or unreasonably, and to determine . wherber the evidence could reasonably support or _. -3 justify the determination. . VMge of Edina v. Joseph, 264 Minn. 84, 93,119 N.W.?¢ 809, 815 (1962). - _ , , - , - The Zoning Ordinance fails to provide a definition for "marina." Therefore, the term should be given its common and approved usage. Minn. Star. J 645.08, subd.1(1988). The defini- tion contained in Webster's Ninth New Collegiate Dictionary .(1989) defines a marina as "a dock or basin providing severe mooring for motor boats and yachts and often offering supply, repair and other facilities." - The Board has the authority to interpret its own zoning or- dinances. We cannot say the Board's decision to deny the con- ditional use permit based on its interpretation of the Zoning Ordinance was unreasonable, arbitrary or capricious. DECISION We bold the action of the Board in denying respondents' application for a conditional use permit was not uareascnaA arbitrary or capricious. Rk> s�xd, .............. .............. - DAVID D. ARNOLD CHARLES R. CARMICHAEL GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HUGE LAURA H. PRETLAND DAVID A. BRUEOGEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. M.GEE TIMOTHY W. PAPINSEI July 13, 1990 AR NOLD & MGDOwELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 (912) 507-7575 TELECOPIER(012) 587 -4006 RESIDENT ATTORNEY O. BARRY ANDERSON Colin D. Pietz Kelley, Weber, Pietz & Slater, S.C. Attorneys at Law 530 Jackson Street Wausau, Wisconsin 54401 Re: Downtown Redevelopment Project (Hutchinson) Our File No.: 3244 -89 -0031 OP CCVws &L WILLIAM W. CAMERON CHARLES CLAYTON GARY W. DECKER 5881 CEDAR "RE ROAD MINNEAPOLIS. MINNESOTA 53418 (512)545 -0000 MN TOLL PRE 500- 343 -4543 TELECOPIER (512) 545 -1703 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (512) 350 -2214 TELECOPIER(0112) 350 -5506 ^ A- 0, O� Dear Colin: This letter is a follow up to our conversation of earlier today. Enclosed please find the following: 1. A copy of the letter you prepared executed by myself verifying extension of the deadlines in question to August 15, 1990 and December 1, 1990. obviously, since the environment report was just received yesterday, these extensions make sense. 2. A copy of the formal resolution adopted by the City Council approving the environmental agreement drafted by you. As you have requested, we are providing a copy of these documents to Super Valu via FAX. Thank you for your time and attention to this matter. Best personal regards. Very truly yours, G. Barry Anderson GBA: mb I'� {{. �77 cc: Gary - ART p rT 9KS'A CIVIL TRIAL SPECIALIST RY THE MINNESOTA STATE BAR ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION KELLEY, WEBER, PIETZ & SLATER, S.C. ATTORNByS AT LAW 530 JACKSON STREET RICHARD J. WEBER WAUSAU. WISCONSIN 54401 GO WN D. PIETZ JERRY W. SLATER' TELEPHONE DAVID H. PERLMAN (715) 845 -9211 'ALSO ADMITTED IN NEW YORK June 14, 1990 G. Barry Anderson, Esq. Arnold & McDowell 101 Park Place Hutchinson, Minnesota 55350 RE: Extension of Dates - Site Purchase Agreement (Hutchinson, Minnesota) Dear Barry: 0 JOHN W. KELLEY OF G OuNSEL NEW YORK TIE LINE (212) 000 -7030 FAX V� 842 -9317 v i n G � 9� 0 I serve as general real estate counsel to Shopko Stores, Inc. and represent them in connection with the transaction for the proposed acquisition of a site in Hutchinson, Minnesota. You serve as City Attorney for the City of Hutchinson, Minnesota, with respect to this transaction. Our clients have entered into a Site Purchase Agreement dated the 25th day of April, 1990, which has been amended by Amendment No. 1 thereto, which Amendment is currently undated. The purpose of this letter is to confirm in writing our agreement on behalf of our clients that the date for the satisfaction or availing of the contingencies set forth in paragraph 3. of the Site Purchase Agreement is extended from June 15, 1990, until August 15, 1990, and to further confirm that the date for the satisfaction of the Seller's contingencies in Paragraph 4 of the Site Purchase Agreement is extended from October 15, 1990, until December 1, 1990. This letter will further confirm that we have agreed to amend the Site Purchase Agreement on behalf of our respective clients by means of this letter rather than executing a formal amendment to the same. By our signatures to this letter we intend to bind our clients to the agreement as set forth above. n G. Barry Anderson June 14, 1990 Page -2- If this letter correctly sets forth our understanding, please acknowledge this and sign and return a copy of this letter to me at your earliest reasonable convenience. Thank you very much for your cooperation, Barry. Sincerely yours, 0 The foregoing correctly agreement. CDP:sml KELLEY, WEBER, PIETZ & SLATER, S.C. By: Colin D. ietz Attorney Shopko St es, nc. represents our understanding and G. Barry Anderson, Attorney for the City of Hutchinson, Minnesota RESOLUTION NO. 9296 -rt O ..0 WHEREAS, the City of Hutchinson entered into a Site Purchase D Agreement with ShopKo Stores, Inc., on or about April 25, 1990; WHEREAS, environmental investigation has revealed several j areas of environmental concern; WHEREAS, as part of the agreement between the City and ShopKo, the City has agreed to assume the burden of environmental clean up; NOW THEREFORE BE IT RESOLVED that the City of Hutchinson approves and adopts Amendment No. 1 to the Site Purchase Agreement, a true and correct copy of which is attached hereto and marked as Exhibit " A " and incorporated as if fully set out in this resolution. Dated this 10th day of July , 1990. 0 CITY OF HUTCHINSON ILL, z- Paul L. Ackland, Mayor Attest: Gary D. lotz City Adm nistrator DAVID H. CHARLES R. e. CAR MICHAEL HAeL GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOOK LAURA K. FRETLAND DAVID A. BRUZOOE)IANN PAUL D. DOVE JOSEPH M. PAIEMZNT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. MOOEE TIMOTHY W. PAPINSEI July 19, 1990 ARNOLD & MGDOWELL ATTORNEYS AT LAW 101 PARR PI-AGE HUTCHINSON. MINNESOTA 55350 (9)2) 567 -7575 TELECOPIER(612) 587.4008 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. and Mrs. Roger Mies 1210 Lewis Avenue Hutchinson, Mn. 55350 Re: Hutchinson Downtown Development Our File No. 3244 -89 -0031 Dear Roger and Mary: d or C Uw SXL WILLIAM W. CAMERON CHARLES CLYTON GARY W. RECESS 5881 CEDAR LAZE ROAD vEAPOLIS, MINNESOTA 55418 (812) 548 -1)000 'TOLL FREE 800- 343 -4545 UECOPI ER (6 12) 345 -1703 UTH FOURTH STREET CON. MINNESOTA 553710 (012) 350. 2214 T )PIER(612)389 -5500 N CD G Z C7 Z I noticed in reviewing the above referenced file that we sent out to you, quite sometime ago, an Option to Purchase the property you own which is located in the downtown redevelopment district. We . are anxious to get this matter resolved as soon as possible and, hopefully, to close this matter as soon as possible. I am wondering if you could get the Option executed and return it to me at our Hutchinson office. Upon receipt of your executed option, I will secure the signature of the appropriate officer of the Hutchinson Community Development Corporation and forward to you the agreed upon option price as set forth in the agreement. If you have not previously done so, I will also need the Abstract or Abstracts of Title to your property so that we can get those Abstracts updated. Obviously, we will be examining the Abstracts to make certain that good title can be conveyed. If you have any questions with regard to this matter, do not hesitate to contact me. Thank you for your anticipated cooperation. Best personal regards. Very truly yours, ARNOLD & MCDOWELL G. Barry Anderson • GBA:lm CC Gary Plotz John Bernhagen Don Erickson Paul Ackland * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION •• CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION AR NOLD & MCDOw DAVID B. ARNOLD ATTORNEY AT Lew wE1�� GARBLES R.OWELL OF 000XSZL OARY D. M�DOwELL IO1 PARR PLACE WILLIAM W. CAMERON STEVEN R. ANDlasOx AUTGHINSON, MINNESOTA 55350 CHARLES CLAYTON O. BARRY ANDERSON. OARY W. DECKER (012) 587-7575 STEVEN S. BOOS 588I CEDAR LEE ROAD LAURA E. FRE2AND L TELECOPIER(612) 587 -4088 MINNlAPO11 S, MINNESOTA 33410 DAVID A. BRUEOOEMANW (012) 343 -0000 PAUL D. DOVE RESIDENT ATTORNEY MN TOLL FREE 800- 343 -4545 JOSEPH M. Ptl EHENT O. BARRY ANDERSON 00�91� TELEOOPIER (012) 545 -1703 JAMES UTLEY ^ .i• 4 . ' ' - ' ��� ��l JVLL R. CHRISTIANS .J �� 501 SOUTH FOURTH STREET RICHARD O. M.GEE ��' RINCETON, MINNESOTA 55371 ... (612) 3 89- 2214 ^, TIMOTHY N. FAFINSEI .{ M ��� C] ELEOOPIER (B 12) B9•SSDB (012) 3 v, July 19, 1990 ; o � BY_• --� lo'L - 6 p 8 � 9 sbszti Y r= `� Ms. Peg Lindner 70 Contract Administrator Twin City Testing Corporation 662 Cromwell Avenue St. Paul, Mn. 55114 -1776 Z Re: Hutchinson Downtown Redevelopment Project Our File No. 3244 -89 -0031 Dear Ms. Lindner: • Thank you for your fax of July 11, 1990 containing the revisions to the Supplemental Agreement between ShopKo Stores, Inc., Twin City Testing Corporation and the City of Hutchinson. With one minor exception, your changes were all acceptable and I have prepared a clean draft which is enclosed for the signature of the appropriate officer of Twin City Testing. The one change I did not consent to is in the first Whereas clause which originally recited that "the parties hereto have entered into an independent contractor agreement....H You had requested that we strike the language "the parties" and indicate ShopKo and Consultant have entered into the agreement. The original agreement provided for the signature of the City of Hutchinson so I am not prepared to agree that the original agreement extended only to ShopKo and the Consultant. The understanding all along has been that the City of Hutchinson is a party to the agreement because the City is paying part of the expense. I realize this is a fairly minor point, but I would not want any Possibility to exist that the Petro Fund could argue that somehow the City was not a party to the agreement. If you have any questions with regard to this matter, do not hesitate to contact me. Otherwise, please see that the original contract is executed and that it is forwarded to ShopKo for • execution by their officer. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Ms. Peg Lindner July 19, 1990 Page 2 Thank you for your time and attention to this matter. Best personal regards. Very truly yours, AP,NOLD & MCDOWELL G. Barry Anderson GBA:lm Enclosure CC Gary Plotz John Bernhagen Paul Ackland Jim Oskey Colin Pietz 1 11 SUPPLEMENTAL AGREEMENT BETWEEN SHOPKO STORES, INC., TWIN CITY TESTING CORPORATION AND THE CITY OF HUTCHINSON This Agreement is entered into this 4th day of June, 1990, by and between ShopKo Stores, Inc., a Minnesota corporation 700 Pilgrim Way, P.O. Box 19060, Green Bay, Wisconsin 54307 -9060 ("ShopKoll) and the City of Hutchinson, 37 Washington Avenue West, Hutchinson, Mn. 55350 ("Cityll) and Twin City Testing Corporation, 662 Cromwell Avenue, St. Paul, Mn. 55114 ("Consultant "). WHEREAS, the parties hereto have entered into an independent contractor agreement ("Agreement") setting forth the duties and responsibilities of the respective parties; and WHEREAS, the parties hereto desire to provide further definition to the rights and responsibilities of the parties; and i s WHEREAS, the City expects to acquire the real estate upon which the Consultant is performing services; and WHEREAS, the City will of necessity rely upon the work performed by the Consultant in acquiring, improving, correcting and otherwise working with the subject property; NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES as follows: 1. Relationship of the Parties. It is expressly agreed by and between the Consultant on the one hand and ShopRo and the City on the other hand that all representations, warranties and agreements by the Consultant under and in accordance with the terms and limitations of the Agreement shall extend not only to ShopRo, but also to the City, and that to the extent that ShopKO can and does rely on the work under and in accordance with the terms and limitations of the Agreement performed by the Consultant, the City may also so rely on the work performed by the Consultant. 2. Original Agreement Unaffected. Except as noted in item #1, the terms, conditions and language of the Agreement shall not be affected or altered by this Supplemental Agreement. 3. Cooperation. Consultant agrees to cooperate with and assist the City in any application for reimbursement from the State of Minnesota for services performed by Consultant pursuant to this Supplemental Agreement, at such fee(s) mutually agreed upon by City and Consultant. 4. Payment. This City may, at its option, compensate the Consultant directly subject to the limitations and conditions of the Agreement. . Dated: SHOPRO STORES, INC. By 14 Dated: TWIN CITY TESTING CORPORATION By Its Dated: CITY OF HUTCHINSON By Mayor Attest: City Administrator 11