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cp04-26-1994 cSUNDAY MONDAY TUESDAY -24- -25- -26- 8:15 A.M. - Building /Engineer .� Team Meeting at City Noon - Safety Council Meeting Center at Heritage Center 1:00 P.M. - Utilities Commissi n Meeting at Utilities 5:30 P.M. - City Council Workshop at City HUTCH/NSON 7:30 P.M. - Airport Commission Center CITY Meeting at City Center CALENDAR 7:30 P.M. - City Council Meeting in Council Chambers, City Center Week of Agri1 24 t0 April IQ 1994 WEDNESDAY THURSDAY FRIDAY SATURDAY -27- -28- -29- -30- 10:00 A.M. - Directors Meeti g CONFERENCE: at City Center DOUG MEIER - April 25 -27 4:30 P.M. - Board of Review at City Center 5:30 P.M. - Tree Board Meeting at City Center x . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 26, 1994 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Jim Hall, Word of Life Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF APRIL 12, 1994 AND BID OPENING OF APRIL 18, 1994 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MARCH 1994 2. PLANNING COMMISSION MINUTES OF MARCH 15, 1994 • 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF MARCH 15, 1994 4. HUTCHINSON HOUSING, INC. MINUTES OF MARCH 15, 1994 5. REPORT OF CITY INVESTMENTS 6. HUTCHINSON HANDICAP ADVISORY COMMITTEE MINUTES OF APRIL 14, 1994 (b) RENEWAL OF APPLICATIONS FOR RETAIL "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE (c) RENEWAL OF APPLICATIONS FOR RETAIL "OFF SALE" NON - INTOXICATING MALT LIQUOR LICENSE (d) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94 -108 - AN ORDINANCE TO ESTABLISH A TRESPASSING PROGRAM FOR THE CITY OF HUTCHINSON (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 10197 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10198 - RESOLUTION FOR REIMBURSEMENT • FROM WATER /SEWER FUND FOR 1993 EXPENSES (e) DELINQUENT WATER AND SEWER ACCOUNTS CITY COUNCIL AGENDA - APRIL 26, 1994 • (f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 3, PROJECT NO. 94 -03 (LAKEWOOD DRIVE) (ADOPT RESOLUTION NO. 10199) (g) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 11, PROJECT NO. 94 -20 - 94 -23 (FAIRGROUNDS WM, FIFTH AVENUE NE, PROSPECT STREET, SIXTH AVENUE NE) (ADOPT RESOLUTION NO. 10200 - 10203) (h) CONSIDERATION OF CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, FOR RELOCATION OF SCRAP IRON YARD IN I -2 DISTRICT LOCATED ON ARCH STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE CONCEPT WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10204) (i) CONSIDERATION OF VARIANCE REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, FOR REDUCTION OF LOT DEPTH IN I -2 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10205) • (j) CONSIDERATION OF VARIANCE AND LOT SPLIT, LOCATED ON SHADY RIDGE ROAD, REQUESTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10206) (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LARRY GAUGER TO REPLACE EXISTING DETACHED GARAGE WITH 24' x 30' ATTACHED GARAGE LOCATED AT 247 FIFTH AVENUE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10207) (1) CONSIDERATION OF HUNTERS RIDGE FINAL PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10208) (m) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT ON DALE STREET FOR CONSTRUCTION OF FOUR -PLEX REQUESTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS is • CITY COUNCIL AGENDA - APRIL 26, 1994 (n) CONSIDERATION OF PETITION BY GREG MARTIN TO BEGIN ANNEXATION PROCEEDINGS OF 1.6 ACRES LOCATED ON NORTH HIGH DRIVE IN HUT CHINSON TOWNSHIP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (REFER TO MUNICIPAL BOARD AND WAIVE FIRST READING OF ORDINANCE NO. 94 -110 AND SET SECOND READING FOR MAY 10, 1994) (o) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR ADDITION TO ACME CARWASH AS GRANTED OCTOBER 26, 1993, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS Action - Motion to approve consent agenda 5. PUBLIC HEARING - 8:00 P.M. None 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION BY DON TODNEM REGARDING ENFORCEMENT OF • DOWNTOWN HANDICAPPED CODES Action - (b) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE PARKS /LIBRARY SQUARE Action - Motion to reject - Motion to approve and issue permits and waive fees and rentals (c) CONSIDERATION OF REQUEST FOR NON - INTOXICATING MALT LIQUOR LICENSE AND SET -UP LICENSE FOR JAYCEE WATER CARNIVAL, JUNE 16 -19, 1994 Action - Motion to reject - Motion to approve and issue licenses and waive fees 7. RESOLUTIONS AND ORDINANCES • SEE CONSENT AGENDA 3 CITY COUNCIL AGENDA - APRIL 26, 1994 n 0 UNFINISHED BUSINESS (a) CONSIDERATION OF HCVN LOAN AGREEMENT /LEASE FOR SPACE IN CITY CENTER (DEFERRED FROM APRIL 12, 1994) Action - (b) CONSIDERATION OF LMMIT OPEN MEETING LAW DEFENSE COST COVERAGE Action - NEW BUSINESS (a) CONSIDERATION OF PURCHASE OF KEG COOLER FOR LIQUOR HUTCH Action - Motion to reject - Motion to approve recommendation (b) CONSIDERATION OF SKYDIVING AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND SKY'S THE LIMIT Action - Motion to reject - Motion to approve and enter into agreement (c) CONSIDERATION OF APPLICATION OF W D H, INC. FOR REGISTRATION OF TITLE TO LAND Action - Motion to reject - Motion to approve (d) CONSIDERATION OF SELLING CITY LOT LOCATED AT 26 FRANKLIN STREET NORTH TO RICK LENNES Action - Motion to reject - Motion to approve and waive first reading of Ordinance No. 94 -109 and set second reading for May 10, 1994 (e) CONSIDERATION OF AWARDING BID FOR LETTING NO. 10, PROJECT NO. 93 -22 (STRUCTURES ON SHEPPARD PROPERTY) Action - Motion to reject - Motion to approve and award bids (f) CONSIDERATION OF REQUEST BY HRA FOR INTERIM FINANCING TO ACQUIRE PROPERTIES IN PHASE I OF PRINCE OF PEACE PROJECT Action - Motion to reject - Motion to approve 4 0 J 1] • CITY COUNCIL AGENDA - APRIL 26, 1994 (g) CONSIDERATION OF DEVELOPMENT AGREEMENT REGARDING TAX INCREMENT FINANCING FOR PRINCE OF PEACE PROJECT Action - Motion to reject - Motion to approve (h) CONSIDERATION OF ENTERING INTO CONTRACT WITH OSM FOR BRIDGE CONSULTANT SERVICES Action - Motion to reject - Motion to approve and enter into contract (i) CONSIDERATION OF ENTERING INTO CONTRACT WITH BOLTON & MENK FOR CONSULTANT SERVICES ON LETTING NO. 6, PROJECT NO. 94 -06 (OSGOOD AND HAYDEN ADDITIONS AND SURROUNDING AREAS) (j) CONSIDERATION OF ASSESSMENT AGREEMENT FOR BERNIE MCRAITH Action - Motion to reject - Motion to approve and enter into agreement (k) REVIEW OF JOINT MAINTENANCE FACILITY GRANT AGREEMENT • Action - Motion to reject - Motion to approve and enter into agreement (L) CONSIDERATION OF POSTED STREET SIGN AT ENTRANCE TO HUTCHINSON TECHNOLOGY (WEST HIGHLAND PARK DRIVE NW) Action - Motion to reject - Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 12. ADJOURNMENT 0 5 • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 12, 1994 1. The meeting was called to order at 7:30 P.M. by Mayor Torgerson. Present -were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of March 22, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1994 • 2. LIBRARY BOARD MINUTES OF MARCH 10, 1994 3. AIRPORT COMMISSION MINUTES OF MARCH 28, 1994 (b) APPLICATION FOR SHORT -TERM RETAIL "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE 1. ELKS LODGE NO. 2427 2. HUTCH HUSKIES BASEBALL ASSOCIATION (c) REISSUANCE OF GAMBLING LICENSE FOR ELKS LODGE (d) REISSUANCE OF GAMBLING LICENSE FOR HUTCHINSON VOITURE 414 40 & 8 (AMERICAN LEGION) (e) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94 -107 - AN ORDINANCE TO VACATE UTILITY EASEMENT IN WAGNER DEVELOPMENT CORPORATION PLAT (SECOND READING AND ADOPTION) (f) RATIFICATION OF APPOINTMENTS TO LIBRARY BOARD > SUE MUNZ • > PAUL WRIGHT IN CITY COUNCIL MINUTES - APRIL 12, 1994 • The motion to approve the consent agenda items was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 7, PROJECT NO. 94 -07 (SOUTH GRADE ROAD/ TH 15 TO DALE STREET /FEDERAL AID) Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of hearing for Letting No. 7, Project No. 94 -07. Engineer Rodeberg explained the project improvements and commented on the proposed assessments. Burgess Gruendemann, 860 South Grade Road, inquired where the curb would be replaced and what the listed assessment would cover. He asked if the water hookups would affect his property. Valerie Doering, 954 Steven Street, wondered what credit would be given for a recent assessment on her corner lot • property. Engineer Rodeberg noted the Doering property probably would not be assessed for this project. The motion to close the hearing at 8:18 P.M. was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. Mayor Torgerson made reference to the letter received from Earl Fitzloff regarding the intersection of Lynn Road and South Grade Road. Engineer Rodeberg stated this particular intersection has been reviewed by several different engineers, and they all arrive at the same solution. There is no other alternative that would provide better safety. Engineer Rodeberg stated the accident count has dropped since the improvements were made on Lynn Road and South Grade Road. Following discussion, the motion to approve Project No. 94 -07, to order preparation of plans and specifications, and to waive reading and adopt Resolution No. 10180 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 0 F • CITY COUNCIL MINUTES - APRIL 12, 1994 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PETITIONS FOR FOUR -WAY STOP ON CORNER OF FIFTH AVENUE AND HARRINGTON STREET Following discussion, the motion to refer the petitions to the Police Department and Engineering Department was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF HCVN LEASE FOR SPACE IN CITY CENTER • Attorney Anderson reported on the proposal for the HCVN lease to rent space in City Center. He stated a concrete step was needed in the back of the building for access to the HCVN area. Following discussion, it was the consensus of the Council Members to have the Finance Director prepare a recommendation on the loan funding for the next Council meeting. • (b) CONSIDERATION OF REQUEST FOR $1,500 DONATION FROM CITY FOR HUTCHINSON JAYCEE WATER CARNIVAL It was noted the City Council had budgeted $1,000.00 for the 1994 Hutchinson Jaycee Water Carnival. Following discussion, the motion to approve the budgeted $1,000.00 donation for the Jaycee Water Carnival was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF LMCIT OPEN MEETING LAW DEFENSE COST COVERAGE Following discussion, the motion to defer to the next meeting was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. 3 CITY COUNCIL MINUTES - APRIL 12, 1994 • (d) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 2, PROJECT NO. 94 -02 (WALNUT RIDGE - -PHASE II) Following discussion, the motion to approve the plans and specifications, to advertise for bids on May 6, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. 10181 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 5, PROJECT NO. 94 -05 (ISLAND VIEW HEIGHTS FIRST ADDITION) Following discussion, the motion to approve the plans and specifications, to advertise for bids on May 6, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. 10182 was made by Council member Erickson, seconded by Council Member Mlinar and unanimously carried. (f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 8, PROJECT NO. 94 -08 & NO. 94 -09 Following discussion, the motion to approve the plans and • specifications, to advertise for bids on May 13, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. 10183 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (g) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS ON LETTING NO. 9, PROJECT NO. 94 -26 Following discussion, the motion to approve report, to waive hearing on improvement, to order plans and specifications, and to waive readings and adopt Resolutions No. 10184, 10185 and 10186 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 9, PROJECT NOS. 94 -10 THROUGH 94 -17, 94 -26 (1994 SIDEWALK/ PAVING PROGRAM) Following discussion, the motion to approve plans and specifications, to advertise for bids on May 9, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. • 4 • CITY COUNCIL MINUTES - APRIL 12, 1994 10187 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (h) CONSIDERATION OF RECEIVING PETITION AND REPORT, WAIVING HEARING, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS ON LETTING NO. 10, PROJECT NO. 94 -18 AND 94 -25 Following discussion, the motion to approve report, to waive hearing on improvement, to order plans and specifications, and to waive readings and adopt Resolutions No. 10188 -10193 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 10, PROJECT NO. 94 -18, 19, 25 Following discussion, the motion to approve plans and specifications, to advertise for bids on May 9, 1994 at . 10:00 A.M., and to waive reading and adopt Resolution No. 10194 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (i) CONSIDERATION OF AUTHORIZATION FOR CITY TO PARTICIPATE IN HUTCHINSON TECHNICAL COLLEGE AUCTION ON JUNE 9, 1994 Following discussion, the motion to approve a city auction on June 9, 1994 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (j) CONSIDERATION OF AWARDING BID FOR PURCHASE OF ONE NEW 1994 JOHN DEERE TRACTOR WITH ATTACHMENTS FOR PARK DEPARTMENT Following discussion, the motion to approve and award low bid to L & P Supply in the amount of $20,914.50 was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (k) CONSIDERATION OF TRESPASSING PROGRAM FOR CITY OF HUTCHINSON Following a presentation by Assistant City Attorney Gina Brandt and Sgt. Ron Kirchoff, the motion to approve and • to waive first reading of Ordinance No. 94 -108 and set second reading for April 26, 1994 was made by Council 5 CITY COUNCIL MINUTES - APRIL 12, 1994 • Member Craig, seconded by Council Member Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated the specifications for the Sheppard structures were revised and bids will be received on April 18, 1994. The City will be responsible for filling in the basement. The City Administrator commented on a County Solid Waste Management Board meeting. He reported that after the MPCA's second review of the yard waste /sewage sludge co- composting project application, it was determined ineligible for capital assistance funding under the CAP program. However, Engineer Ed Nevers of RUST Engineering will be working with the County on revisions for another grant application. Mr. Plotz made reference to a memorandum from Police Chief Madson regarding negotiating an agreement with Cellular 2000. In exchange for their firm utilizing the South park water tower as an antenna site, the City would receive a cellular telephone credit. A final agreement will be forthcoming. Administrator Plotz commented that the City Council workshop planned for April 26 would cover the topic of bond sizing, and the May 10 workshop would encompass the City's budgeting process. The motion to schedule City Council workshops at 5:30 P.M. on April 26, 1994 and May 10, 1994 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. It was noted that the liquor store consultant from Grinstead & Associates will be in Hutchinson on April 15, 1994 to inspect the Liquor Hutch and to prepare a final report for the City Council. (b) COMMUNICATIONS FROM EHLERS AND ASSOCIATES REGARDING REFINANCING HUTCHINSON COMMUNITY HOSPITAL'S $2,000,000 EQUIPMENT LEASE Finance Director Kenneth B. Merrill and President Steven • F. Apfelbacher of Ehlers and Associates presented two 6 . CITY COUNCIL MINUTES - APRIL 12, 1994 refinancing options from Norwest Investment Services, Inc. for Hutchinson Hospital's installment purchase contract for equipment dated May 15, 1990. It was recommended that the Council consider Exhibit No. 2 at an interest rate of 5.23 96 and a future interest savings of $46,000. Following discussion, the motion to approve refinancing option Exhibit No. 2 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. It was reported by Finance Director Merrill that a representative from Moody's Investors Service will be visiting Hutchinson on May 17 or May 18. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated that since the City Council received the skydiving agreement prior to the meeting, this item would be on the agenda of the April 26 meeting. • (d) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Councilman Craig commented on the traffic situation at the intersection of Hwy. 15 and South Grade Road. It was his observation that the street needed to be wider, but the occupants in this established section of town did not understand the need. Reference was made to a recent $3,000.00 donation from Hutchinson Technology to the Hutchinson Fire Department. It was moved by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried, to adopt Resolution No. 10196 for presentation to Hutchinson Technology in recognition of their generosity. (e) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Councilman Mlinar noted the forthcoming Minnesota Cities Unity Day and Rally on April 21. The motion to waive reading and adopt City Unity Day Resolution No. 10195 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg presented an assessment agreement with 7 CITY COUNCIL MINUTES - APRIL 12, 1994 • Joe Kramer Enterprises, Inc. for Lot 4, Block 2, Paden's First Addition. He stated the assessment was to be set at 7% per year. Mr. Kramer purchased the lot from the County for $32,000.00. Following discussion, the motion to approve the Kramer assessment agreement was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 P.M. • 0 11 • MINUTES BID OPENING MONDAY, APRIL 18, 1994 The meeting was called to order at 10:00 A.M. by City Administrator Gary D. Plotz. Also present were Finance Director Kenneth B. Merrill, Building Official Jim Marka, and Administrative Secretary Marilyn J. Swanson. The reading of Publication No. 4646, Advertisement for Bids, Letting No. 10, Project No. 93 -22, Purchase, Removal And Relocation of Structures, was dispensed with. The following bids were opened and read: Rick Lennes Hutchinson, MN $13,011.00 - ALTERNATE BID Diamond Five Hutchinson, MN 400.00 • The bids were referred to the City Engineer and Building Official for review and a recommendation. The meeting adjourned at 10:10 A.M. • H MARCH 1994 CITY OF HUTCHINSON FINANCIAL STATEMENTS 15,551.80 48,068.30 1994 1,300.00 ENUE REPORT - GENERAL CURRENT YEAR TO ADOPTED 0.00 MARCH DATE ACTUAL BUDGET TAXES 131.18 2,787.03 1,294,497.00 LICENSES 0.00 0.00 0.00 PERMITS AND FEES 16,986.44 26,166.07 184,650.00 INTERGOVERNMENT REVENUE 0.00 51,277.90 2,239,548.00 CHARGES FOR SERVICES 44,439.88 119,682.80 875,091.00 FINES & FORFEITS 3,971.28 9,016.12 56,250.00 MISCELLANEOUS REVENUES 23,199.50 29,048.63 614,000.00 CONTRIBUTIONS FROM OTHER FUNDS 100,000.00 100,000.00 0.00 REVENUE FOR OTHER AGENCIES 127,587.30 0.00 0.00 TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADMINISTRATOR ELECTIONS FINANCE MOTOR VENICE ESSING AL PLANNING POLICE DEPARTMENT SCHOOL LIAISON OFFICER EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE DEPARTMENT FIRE MARSHAL BUILDING INSPECTION ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C CITY HALL PARK /REC ADMIN. RECREATION SENIOR CITIZENS CENTER CIVIC ARENA PARK DEPARTMENT RECERATION BUILDING & POOL STREAMBANK PROGRAM LIBRARY CEMETERY DEBT SERVICE AIRPORT T NSUNIIT TY DEVELOPMENT P COORD. UNALLOCATED TOTAL MARCH 1994 BALANCE PERCENTAGE REMAINING USED 1,291,709.97 0.00 158,483.93 2,188,270.10 755,408.20 47,233.88 584,951.37 (100,000.00) 0.00 188,728.28 337,978.55 5,264,036.00 4,926,057.45 3,814.90 10,331.60 15,551.80 48,068.30 0.00 1,300.00 26,542.70 77,136.10 6,327.30 19,811.60 0.00 0.00 4,239.00 12,959.70 721.60 1,781.60 106,272.60 340,316.00 3,917.80 9,728.50 96.70 96.70 0.00 0.00 23,120.50 33,886.20 1,708.40 5,784.40 8,181.40 26,493.70 20,233.50 78,619.50 31,047.70 89,200.90 5,492.80 17,183.60 9,791.20 55,540.50 10,015.60 32,747.00 9,487,40 29,344.50 5,442.90 16,676.10 20,944.50 71,514.60 60,806.40 127,587.30 5,343.80 13,871.90 0.00 0.00 3,077.30 23,922.80 3,600.50 10,458.70 700.00 2,100.00 3,375.60 15,913.20 10,701.50 29,647.80 6,318.70 14,542.70 0.00 371.70 35,422.50 92,070.70 442,296.60 1,309,007.90 46,160.00 190,364.00 7,225.00 276,900.00 81,576.00 24,300. 00, 55,720.00 8,150.00 1,287,174.00 38,613.00 1,850.00 250.00 159,273.00 21,163.00 106,669.00 400,605.00 448,047.00 90,200.00 67,837.00 129,730.00 214,559.00 88,263.00 145,042.00 530,795.00 77,825.00 0.00 91,528.00 70,606.00 23,900.00 56,615.00 114,125.00 63,009.00 0.00 451,907.00 5,369,980.00 35,828.40 142,295.70 5,925.00 199,763.90 61,764.40 24,300.00 42,760.30 6,368.40 946,858.00 28,884.50 1,753.30 250.00 125,386.80 15,378.60 80,175.30 321,985.50 358,846.10 73,016.40 12,296.50 96,983.00 185,214.50 71,586.90 73,527.40 403,207.70 63,953.10 0.00 67,605.20 60,147.30 21,800.00 40,701.80 84,477.20 48,466,30 (371,70) 359,836.30 4,060,972.10 0.2% ERR 14.2% 2.3% 13.7% 16.0% 4.7% ERR ERR 6.4% 22.4% 25.3% 18.0% 27.9% 24.3% 0.0% 23.3% 21.9% 26.4% 25.2% 5.2% 0.0% 21.3% 27.3% 24.8% 19.6% 19.9% 19.1% 81.9% 25.2% 13.7% 18.9% 49.3% 24.0% 17.8% 0.0% 26.1% 14.8% 8.8% 28.1% 26.0% 23.1% 0.0% 20.4% 7.30 ,Z/ -,q < ( -1) MARCH 1994 CITY OF HUTCHINSON FINANCIAL REPORT - 1994 MARCH 199 0 ENTERPRISE FUNDS 540,000.00 406,247.59 (2,862.44) REVENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAG 15,100.00 MARCH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 45,439.46 132,063.96 555,000.00 422,936.04 23.8% WINE SALES 12,077.31 33,606.11 164,000.00 130,393.89 20.5% BEER SALES 66,458.61 175,578.88 900,000.00 724,421.12 19.5% BEER DEPOSIT (28.22) (23.46) 120,000.00 23.46 0.0% MISC. SALES 4,315.03 12,049.07 60,000.00 47,950.93 20.1% LOTTERY SALES (1,458.95) 530.93 4,000.00 3,469.07 13.3% INTEREST 4,817.75 5,381.69 2,000.00 (3,381.69) 269.1% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.0% CASH DISCOUNTS (631.85) (1,589.94) (1,500.00) 89.94 106.0% TOTAL 130,989.14 357,597.24 1,683,500.00 1,325,902.76 21.2% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 8,437.81 26,216.35 123,758.00 97,541.65 21.2% REPAIR & MAINTENANCE 1,147.83 1,567.73 4,250.00 2,682.27 36.9% CONSULTING 0.00 261.99 2,000.00 1,738.01 13.1% OTHER SERVICE & CHARGES 3,613.14 14,584.20 51,750.00 37,165.80 28.2% DEPRECIATION 0.00 0.00 19,200.00 19,200.00 0.0% DEBT SERVICE 0.00 0.00 35,370.00 35,370.00 0.0% NSFERS 0.00 0.00 120,000.00 120,000.00 0.0% T OF SALES 108,499.03 326,035.08 1,272,654.00 946,618.92 25.6% MISCELLANEOUS 0.00 1,110.37 6,100.00 4,989.63 18.2% CAPITAL OUTLAY 254.21 651.65 15,000.00 14,348.35 0.0% TOTAL REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS WATER SALES WATER TREATMENT SURCHARGE WATER METER REFUSE SERVICES REFUSE SURCHARGE REFUSE STICKER SALES COMPOST CREDIT SEWER SERVICES PENALTY CHARGES INTEREST EARNED S C O R E REFUNDS & REIMBURSEMENTS PROCEEDS FROM BOND SALE OTHER T TAL ENSE REPORT - WATER SEWER /FUND REFUSE WATER SEWER 121,952.02 370,427.37 1,650,082.00 1,279,654.63 22.4% 0.0% 24.8% 5.6% 24.7% 23.9% 23.2% 37.8% 7.3% 0.0% 3.7% ERR 110.0% 277,223.31 691,681.45 3,101,300.00 2,409,618.55 22.3% 22,656.88 80,815.17 376,640.00 295,824.83 21.5% 40,588.49 90,284.00 960,715.00 870,431.00 9.4% 81,709.14 272,670.85 3,142,249.00 2,869,578.15 8.7% TOTAL 144,954.51 443,770.02 4,479,604.00 4,035,833.98 9.9% 0.00 0.00 52,856.73 133,752.41 540,000.00 406,247.59 (2,862.44) (1.08) 0.00 360.00 900.00 16,000.00 15,100.00 42,312.08 108,217.23 438,000.00 329,782.77 4,768.99 12,261.53 51,300.00 39,038.47 66.00 124.00 (538.76) (1,633.06) 164,773.38 418,445.61 1,800,000.00 1,381,554.39 2,753.93 5,669.82 15,000.00 9,330.18 8,814.26 8,814.26 120,000.00 111,185.74 0.00 116,000.00 116,000.00 111.10 111.10 3,000.00 2,888.90 2,820.54 2,820.54 (2,820.54) 987.50 2,199.09 2,000.00 (199.09) 0.0% 24.8% 5.6% 24.7% 23.9% 23.2% 37.8% 7.3% 0.0% 3.7% ERR 110.0% 277,223.31 691,681.45 3,101,300.00 2,409,618.55 22.3% 22,656.88 80,815.17 376,640.00 295,824.83 21.5% 40,588.49 90,284.00 960,715.00 870,431.00 9.4% 81,709.14 272,670.85 3,142,249.00 2,869,578.15 8.7% TOTAL 144,954.51 443,770.02 4,479,604.00 4,035,833.98 9.9% MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 15, 1994 • 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Clint Gruett at 5:50 p.m. with the following members present: April Brandt, Dean Wood, Craig Lenz, Bill Craig, E1Roy Dobratz and Chairman Gruett. Absent: Roger Gilmer Also present: Building Official Jim Marka, Director of Engineering John Rodeberg, City Administrator Gary Plotz, City Attorney G. Barry Anderson and Asst. City Attorney Gina Brandt. 2. APPROVAL OF MINUTES DATED FEBRUARY 15, 1994 Mr. Lenz made a motion to approve the minutes dated February 15, 1994, seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE, ACME CARWASH, FOR CONSTRUCTION OF ADDITIONAL SELF SERVE BAYS LOCATED AT 690 SOUTH GRADE ROAD Chairman Gruett opened the hearing at 5:32 p.m. with the reading of publication # 4631 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a conditional use permit requested by Tom Ludowese to construct a 40'x 1718" automatic wash bay and 30' x 59' addition for three self serve bays and storage unto Acme Carwash located at 690 South Grade Rd. Building Official Jim Marka commented on the proposal and the plans that were delivered. He stated that the State Plumbing Code Division now has the drawing. Mr. Ludowese commented on the request. There was discussion on the setbacks and the berm. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 5:35 p.m. Mr. Lenz made a motion to recommend approval of the request noting staff recommendation as follows: Installing flammable wastetrap, sludge and grit container, provide curb on east side and extend hard surface on exit driving area north side to lot line. No encroachment into berm is permitted. Submit plumbing drawing to MN Dept. of Health - Plumbing Code Division. Professional design is required. Represent staff parking locations and stacking ^ns (3) on entrance side and (1) on exit side. Sign permits are required if signage is changed. . Represent on site plan if applicable. Represent screened trash storage location. Hardsurfacing is required - show parking layout. Seconded by Mr. Dobratz the motion carried unanimously. �7q - <�) HUTCHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 b) CONSIDERATION OF CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, • FOR THE RELOCATION OF SCRAP IRON YARD IN I -2 DISTRICT LOCATED ON ARCH STREET Chairman Gruett opened the hearing at 5:36 p.m. with the reading of publication #4632 as published in the Hutchinson Leader on Thursday, March 4, 1994. The request is for the purpose of considering a conditional use permit and lot split requested by Jay Freedland, Hutchinson Iron and Metal, to move business to property in I -2 (Heavy Industrial District) located on Arch Street. Building Official Jim Marka commented on the staff recommendation to continue the hearing until a determination is made on the EAW study. Mr. Marka explained the history of the proposal which is located in an I -2 Zoning District. He noted this in the only zoning district in Hutchinson that would conditionally permit this use. Building Official Marka commented on the notification of the neighboring property owners not only in city limits but also outside the city limits. He stated the township officials were also notified of this hearing. Ms. Mary Anne Wetherall, 1145 Arch St., Ms. Deb Fischer, 1150 Arch St. and Ms. Shelly Eggert, 1105 Arch St., all concerned neighboring property owners, commented on the 1000' requirement from residential property. City Engineer John Rodeberg stated the lot is over 5 acres and it appears 3 acres is useable land. He explained the zoning and residential separation meaning zoning boundary separation which in this case would by agricultural. Mr. Rodeberg and Mr. Marka explained must provide and comply with wetland stated the NPDES will show the run management report must be provided Control Agency. Mr. Marka read the brought to the scrap yard and noted There was discussion on the need for Official Marka commented on the Stat that the applicant requirements. They off and a complete to the Pollution list of materials none are hazardous. an E.A.W. Building regulations. Mr. Steve Eggert, 1105 Arch St., questions the type of products Mr. Freedland will accept on the site and the enforcement of this issue. Mr. Marka stated that Mr. Freedland has told staff he will follow MPCA standards. Ms. Wetherall asked the commissioners to look at the present site. Building Official Marka commented on the fact a portion HUTCHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 of Mr. Freedland's present site is in the flood fringe and permitted by the DNR. City Engineer Rodeberg stated it is required to have a NPDES permit which must be transferred to the new site. City Attorney G. Barry Anderson stated the conditions of the conditional use permit would require performance in accordance with standards. There was discussion on the type berming. Mr. Eggert commented Mr. Marka stated the berm may be and staff recommends a berm as Discussion followed on the reten the pond. and kind trees and the on the entrance gate. the most controversial opposed to the fence. tion pond and lining of Ms. Wetherall asked about looking at other sites outside of city limits. Building Official Marka stated soil borings will be required and that staff will add to the list of recommendations items concerning the road improvement, pond lining and soil borings. Ms. Brandt stated the pollution requirements must be met for State approval. • Mr. Craig recommended continuing the hearing to answer legal questions and receive a complete site plan. He also recommended concerned neighbors continue to talk to staff. Mr. Marka commented on meeting again with staff and neighboring property owners. Discussion followed on continuing the hearing. Building Official Jim Marka presented overheads on the permitted uses and conditionally permitted uses for the I -2 District. Mr. Lee Stritesky stated concerns with the berming on only two sides and questioned if a berm could be extended on the other side of the railroad tracks to the West and South. His father owns property to the South of the site and has concerns with the maintenance of the property. Mr. Willard Reiner, Hassan Valley Township Official, questioned the communication between city and township. City Attorney Anderson explained the process of notification for a public hearing. Mr. _ennis Potter, 630 Plum Ave, commended the staff on • the working relationship and open communication they have had with the neighboring property owners to address concerns. Mr. Richard Lennes, H.C.D.C. Director, presented a position statement from the H.C.D.C. Board of Directors and commended the property owners for bringing their questions forward to staff. HUT_CHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 Mr. Craig moved to continue both the conditional use permit and variance request to the next meeting. Seconded by Mr. Lenz the motion carried unanimously. c) CONSIDERATION OF VARIANCE REQUESTED BY JAY FREEDLAND HUTCHINSON IRON AND METAL, FOR REDUCTION OF LOT DEPTH IN I -2 DISTRICT Continue to April meeting. d) CONSIDERATION OF VACATION OF UTILITY EASEMENT ON LOT IN WAGNER DEVELOPMENT CORPORATION PLAT SUBMITTED BY KEVIN COMPTON Chairman Gruett opened the hearing at 6:22 p.m. with the reading of publication #4634 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a vacation of utility easement located in Wagner Development Corporation Plat submitted by Kevin Compton. Building Official Jim Marka explained the platting of outlot B as it was preplanned. He stated the developer must verify the 6' drainage and utility easement to be included in the property description by meets and bounds • and relocation of the gas and electric in the easterly easement is to be paid by the developer. Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 6:24 p.m. Mr. Craig made a motion to recommend approval of the vacation of utility easement. Seconded by Ms. Brandt the motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE 1976 MOBILE HOME UNTO LOT IN COUNTRY CLUB TERRACE REQUESTED BY LARRY GILMER Chairman Gruett opened the hearing at 6:25 p.m. with the reading of publication #4635 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a conditional use permit to move a 24' x 561, 1976 Artcraft mobile home onto lot 38 in Country Club Terrace requested by Larry Gilmer. Building Official Jim Marka commented on the recommendation by staff for approval stated the home complies with the life safety items. He explained a manufactured home installation permit is required after approval of the conditional use permit. . Mr. Craig move to close the hearing, seconded by Mr. Dobratz the hearing closed at 6:26 p.m. Mr. Lenz made a motion to recommend approval of the request subject to staff recommendations: Egress windows in all bedrooms, interconnected smoke detectors, verify all appliances, HUTCHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 plumbing, electrical, etc. to be brought to present day code and verify double glaze windows. Note: that a manufactured home installation permit is required after approval of the conditional use permit. Seconded by Mr. Wood the motion carried unanimously. f) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF FAIRWAY ESTATES SUBMITTED BY SAM MONTGOMERY Chairman Gruett opened the hearing at 6:27 p.m. with the reading of publication #4636 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a preliminary and final plat to be known as "Fairway Estates" located north of the Crow River Country Club and Oakwood Addition submitted by Mr. Sam Montgomery. Building Official Jim Marka commented on the cooperation there has been between the developer and staff. He then commented on the 14 staff recommendations. Discussion followed on tot lots or contribution to parks. Mr. Dobratz moved to close the hearing, seconded by Mr. Craig the hearing closed at 6:40 p.m. Mr. Dobratz made • a motion to recommend approval of the preliminary and final plat subject to the following staff recommendations: 1) Verify with civil engineer that adequate water pressure for fire protection will be maintained, or will extra water main looping be necessary? 2) The extent of this preliminary plat pretty much limits our sanitary service capacity. Further development cannot be guaranteed without extension of sanitary from Hwy 7, and major deferred assessment costs. No commitment is implied by the City. 3) The area is presently outside of Hutchinson utilities electric service area. No commitment to services can by guaranteed at this time. The Rural Electric Coop (REA) has no franchise agreement to serve within city limits. 4) Property annexed automatically is zoned - Residential 1 - for single family. explain (if applicable) any proposed rezonings, planned avelopments, etc. 5) Addressing and street naming cannot be confirmed at this time. Emergency service is reviewing this along with the post master. Do not record the plat until this is resolved. See attached policy and existing street names. Fairway is already a designated street. We suggest naming the entire stretch Heritage Ave N.W. HUTCHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 We suggest using:Eagle Ave N.W. Birdie Circle N.W. vs Birdie Ln Birdie Court N.W. vs Augusta Ln Golf Course Rd NW vs Golf Course Rd Par Ave NW vs Par Lane 6) Parkland Contribution to be paid prior to recording of the plat, $215.00 per unit. 7) Provide ponding drainage easements - confirm with City Engineer. 8) Lot Lot Lot Lot Lot Lot Lot Lot Lot 2 3 9 15 4 15 2 24 28 Elk 1 does Elk 1 does Elk 1 does Elk 1 does Elk 4 does Elk 3 does Elk 3 does Elk 1 does Elk 1 does not not not not not not not not not represent represent represent represent represent represent represent represent represent 30' rear setback 30' rear setback 30' rear setback 30' rear setback 30' rear setback 301 rear setback 301 rear setback 30' rear setback 30' rear setback 9) Confirm Fire Hydrant locations with Fire Marshal. 10) Submit title opinion to City Attorney. 11) Subdivision agreement required. is 12) Site grading to be within .5 by developer prior to request for services. Right of Way to be within .2. 13) Provide drawing representing lowest floor elevation splits and walk -out elevations. 14) If building is to start prior or during road construction a separate access is required. Seconded by Mr. Wood the motion carried unanimously. g) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE GARAGE REQUESTED BY ROGER DEMEYER Chairman Gruett opened the hearing at 6:41 p.m. with the reading of publication #4637 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a conditional use permit requested by Roger DeMeyer to move a 24' x 26' garage to property located at 815 Ash St. Mr. Marka commented on the proposal and the lot. Mr. Roger DeMeyer stated there is a 10' x 10' metal storage shed presently on the vacant lot. Is There was discussion on the lot with no principle structure and the issue of moving a garage unto that lot. Mr. DeMeyer explained the problem he has had not having HUTCHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 40 a garage for storage. Mr. Jim DeMeyer stated Roger owns both adjoining properties and would possibly sell the property in the future since there will be room for a home to be constructed. There were concerns by the planning commissioners with an accessory structure being placed on a vacant lot. Discussion followed on combining the lots. Mr. Roger DeMeyer explained his request and the sketch showing possible placement of a future house on the site. There was discussion on the request for a conditional use permit to move a garage and the possibility of tying conditions to the property. Asst. City Attorney Gina Brandt stated the ordinance has been followed for a conditionally permitted use to move the garage. Building Official Marka stated the city property identification system may be used to control the use of the property and place conditions on the property should it by sold. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 7:06 p.m. Mr. Craig made a . motion to recommend approval contingent on satisfactory wording and restrictions that property can not be sold and the title can not transfer from Mr. DeMeyer, without removal of the garage or a building permit being issued for a permanent home on the property. Seconded by Mr. Lenz the motion carried unanimously. h) CONSIDERATION OF VARIANCE TO REDUCE LOT DIMENSION FROM 1 ACRE TO .95 ACRE REQUESTED BY BARRY BARTON FOR CONSTRUCTION OF COIN LAUNDRY AND CARWASH LOCATED ON HWY 7 W Chairman Gruett opened the hearing at 7:08 p.m. with the reading of publication #4638 es published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a variance to reduce lot size from 1 acre to .95 acre for construction of coin laundry and carwash located at 1015 Hwy 7 West requested by Barry Barton. Building Official Marka stated the variance is for .05 acre and the carwash requires a conditional use permit. He commented on the 14 staff recommendations and also stated the survey does not show infrastructure but does ` -�.w drainage and ponding. Mr. Marka stated the staff is comfortable with the site plan. • City Engineer John Rodeberg stated the business will add more traffic and accesses should be addressed according to MN DOT. Mr. Marka stated there is a driveway easement to the mini - storage units on the property. Mr. Lenz moved to close the hearing, seconded by Ms. Brandt the hearing closed at 7:14 p.m. Mr. Lenz made a 4 HUTCHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 motion to recommend approval noting the following staff recommendations and a satisfactory site plan provided to Jim Marka by the City Council meeting 3/22/94: 1) Show hardsurface area - including curbing. 2) Show sanitary sewer, water, gas, electricity locations and size. 3) Show water curb -stop location. 4) Submit plumbing drawings and schematics to the MN Dept. of Health - Plumbing Code Division. 5) Show parking locations and stripping at the following ratios: 1 - for each employee - carwash 4 - at each carwash lane - 3 on entrance, 1 on exit 16 - for laundromat 6) Laundry bathroom must be handicap compliant as well as access, 1 parking etc., signage 7) Show interior curbing separating driving and parking areas. 8) Shield dumpster refuse container - show on plan. 9) Shield vacuuming from public streets. 10) Carwash requires a grit container and flammable waste trap. 11) Professional Design required. 12) Show signage on site plan - sign permit required. 13) Review assessment activity with City Engineer including hook -up charges if any. 14) Two accesses to property are required. Seconded by Mr. Craig the motion carried unanimously. i) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A CARWASH AND COIN LAUNDRY IN C -4 DISTRICT LOCATED ON HWY 7 WEST REQUESTED BY BARRY BARTON Chairman Gruett opened the hearing at 7:15 p.m. with the reading of publication #4639 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a conditional use permit to construct a carwash in C -4 district located at 1015 Hwy 7 W requested by Barry Barton. Building Official Jim Marka explained a carwash requires a conditional use permit. Mr. Craig moved to close the hearing, seconded by Ms. Brandt the hearing closed at 7:16 p.m. Mr. Craig made a motion to recommend approval to City Council. Seconded by Mr. Lenz the motion carried unanimously. OLD BUSINESS a) REVIEW OF COMPREHENSIVE PLAN AGENDA BY STAFF Building Official Jim Marka commented on the staff review of the plan and the many items needing to be addressed. • HUT CHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 He recommended looking at the land use with apartments and commercial top priority. Discussion followed on tapping into the many organized groups in Hutchinson for input. John Rodeberg commented on the urban area boundary and addressing that issue. The consensus of the planning commission would be to direct staff to develop a process and outline. Mr. Craig made a motion to review the process and the outline at the April Planning Commission meeting, seconded by Ms. Brandt the motion carried unanimously. 5. NEW BUSINESS (a) CONSIDERATION OF SEQUENCE OF CONSTRUCTION IN MORNINGSIDE DEVELOPMENT REQUESTED BY DEAN LIMOGES Building Official Jim Marka explained the change of the staging plan and the utilities ability to service the area. • Mr. Daniel Duvel, 114 Pauls Rd., commented on the first proposal and his concerns with the change of plans. City Engineer John Rodeberg explained the utilities are not available. Discussion followed on the marketing of the project and timeline of completion. Mr. Craig made a motion to pass on to City Council without negative comment taking into account the neighbor's valid concerns, in this case Mr. Limoges, activities are warranted, seconded by Mr. Lenz the motion carried unanimously. (b) COMMUNICATION FROM STAFF 1) REVIEW TIMING OF NW ANNEXATION Mr. Marka commented on the meeting with Acoma Township and their concerns with the 400 acre annexation. He presented the new proposal which would include half the property for annexation. There was discussion on orderly annexations and other development in the city. • Mr. Lenz made a motion to recommend City Council direct the City Attorney to draft orderly annexations for Hutchinson, Acoma and possibly Hassan Valley Township, he also moved to direct city staff to revise the survey in the NW corner of the city and meet with townships. Seconded by Mr. Craig the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES MARCH 15, 1994 2) COORDINATION OF PLANNING WITH COUNTY Jim Marka commented on a meeting with Mr. Ed Homan, McLeod County Zoning Administrator at a planning staff meeting. Gary Plotz stated next year the meeting with County and Township Officials will follow a more informal format in a conference setting. 3) LEGAL OPINION ON COKE BUILDING Jim Marka commented on the use of the former Coke building and the proposal by 3M to employ mentally handicapped individuals. Dick Lennes, HCDC, explained that West Central Industries out of Willmar would put in a rework and assembly type use in the facility and employ approximately 25 individuals. This project would begin this summer. 4) LIMOGES SIGNAGE Jim Marka presented a drawing of proposed signage requested by Dean Limoges for Morningside Estates. The consensus of the planning commission would be to reduce the size, delete the advertising and tone down the sign, bringing the proposal back to the planning commission. 6. ADJOURNMENT The meeting was adjourned at 8:30 p.m. • HUTC11INSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING MARCH 15, 1994 MINUTES I. CALL T 0 ORDER: 2: 00 P.M. CONFERENCE ROOM CITY CENTER Vice- Chaimian lion Erickson called the meeting to order. Members present: Tammy Wendlandt. Joel Kraft and Shirley Wass with Join Paulsen arriving thereafter. 11. CONSIDF.RAI 1()N OF MINUTES 01; SPECIAL BOARD MEETING, FEBRUARY 28, 1994 There being no additions or corrections, Tammy Wendlandt moved that the minutes be approved as submitted; Shirley Wass seconded and the motion carried unanimously. Ili. CONSIDERATION OF STATUS OF ACCOUNTS HRA GENERAL FUND AND PARK TOWERS PROJECT OPERATING FUNDS . Disbursements and budgets were reviewed, Tammy Wendlandt moved that the financial statements be approved as submitted; Joel Kraft seconded and the motion carried unanimously. IV. PARK TOWERS PROJECT 1. There are no vacancies and no rent receivables at Park Towers. However, there are three apartments that will be available in April. We are currently advertising to fill those vacancies. 2. Gopher State Contractors are scheduled to be at Park Towers on March 18,1994 to complete the window punch list. If that work is acceptable, the window work will be complete. PBA anticipates bidding out the stucco repair and exterior painting in May, 1994 along with the elevator work. The Director will be writing a letter to HUD requesting that the wage rates that were requested in November be available in April for the bid document preparation. 3. Bids for Liability Insurance were reviewed; Barry Anderson suggested setting the general liability limit at $600,000. State Farm was contacted for a quote to increase their liability limits from $500,000 to $600,000. State Farm responded with a quote for a $1.000,000 liability limit at a cost of $4714/ year. After reviewing all the proposals, Don Erickson moved That the proposal from State Farm for $1,000,000 liability limit be accepted at a cost of $4714 /year. Shirley Wass seconded and the motion carried unanimously. • 4. The Director informed the Board that the Public Housing Budget has been approved by HUD for the year 1994 from February through December. The request to have reserve funds transferred fiom the Section 23 program to the Public Housing program has been approved by HUD. These reserves are estimated to be around $50,000. 5. '1 he Director informed the Board that in January, 1994 the City Council approved a $10,000 per occurrence deductible for worker's compensation insurance; this deductible ,-1/-A ( -3) 0 would have a significant impact on the (IRA's limited budget. There has been some discussion with Ken Merrill of the HRA setting up a reserve account with the savings generated to cover such an occurrence. The Board consensus was to continue the discussions to try to set up a fiord to limit the HRA's liability until an adequate reserve could be built up. 6. The Director reviewed the Public Housing Management Assessment Program (PHMAP) Certification with the Board; the Hutchinson HRA according to the preliminary indicators listed has done an excellent job with Park Towers. Shirley Wass moved to adopt the resolution approving the PHMAP Certification; Joel Kraft seconded and the motion carried unanimously. V. HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR REPORT 1. The memo reviewing the MHFA Home Rental Rehab Administration fee was reviewed with the Board. It appears front the figures compiled that no additional administration fees will need to be charged to the owners involved. The rental rehab program at Valley Vista will not proceed until the owners determine whether to finance with HPRIIA (which includes rehab funding) or whether to finance rehab with the HOME Rental Rehab Program. Chairman John Paulsen indicated that the owner has inquired whether the HRA would be interested in purchasing Valley Vista. Mark Ruff from Publicorp was on hand and has worked with the 236 program.( Valley Vista). Mark • informed the Board that the HRA would be eligible to purchase the property with LIPRHA which is guaranteed financing from the Federal government and which is a federally insured program. The whole building would then be eligible for Section 8 certificates and LIPRHA funds would include funds for rehab. The BRA would need to determine that the project is financially feasible. The Wass's would need to have an appraisal done and Mark could provide names of appraisers familiar with the 236 program. The Board suggested that the Wass's make a formal proposal before any further action is taken. 2. The Board reviewed a chart reviewing affordable mortgage options currently available to Hutchinson homebuyers. The Board decided not to participate in the Minnesota City Participation Program in 1994 because no loans were originated last year and not to participate in the Single Family Mortgage Revenue Bond Program because of the current low interest rates available to homebuyers in other mortgage programs. Tammy Wendlandt distributed a brochure describing the new mortgage program available at Firstate Federal called the 3/2 Mortgage Program available to families with incomes up to $46,115 and no purchase price limits. VI. PUBLICLY OWNED NEIGHBORHOOD LAND TRUST PROJECT 1. Prince of Peace Retirement Living Board, architect and Helgeson Development updated the LIRA Board on their progress. They will be ready for construction as soon as the land is available and are comfortable with proceeding at the current estimated • rent levels. Barry Anderson stated that there is very minimum liability to the HRA if the bonds are defaulted on by Prince of Peace for their project. The HRA Board consensus was then to proceed with tenant vacate notices. Don Erickson moved to proceed with tenant vacate notices; Joel Kraft seconded and the motion carried unanimously. Joel 9 Kraft then moved to make an offer of $ 12,000 (appraised value) for the vacant lot; Shirley Wass seconded and the motion carried unanimously. 2. Kirk Schnitker from Professional Redevelopment Resources, Inc. updated the Board on the meetings with owners and the status of offers. Tammy Wendlandt moved to approve purchase offers at appraised values or less; Peace Lutheran offer will be made at $32,000 which is the amount they indicated would be acceptable to cover their mortgage when the original acquisition budget was made. Don Erickson seconded and the motion carried unanimously. The request by Sheldon Nies to cover $3,000 lost rent for not filling apartments was considered; it appears that total relocation benefits for these tenants would have been around $7,000. Joel Kraft moved approve the addendum to compensate Sheldon Nies for lost rent tip to $3,000. Tammy Wendlandt seconded and the motion carried unanimously. 3. Proposals for Phase I ESA were received from STS and GME. The Phase I estimate from STS is $2200 with an additional $3163 for asbestos quantification and report. The Phase I estimate from GME is $2180 with and additional $1875 for asbestos quantification and report. Don Erickson moved to approve the proposal from GME; Joel Kraft seconded and the motion carried unanimously. 4. Connie Mangan distributed a memo regarding zoning for the HHRA Land Trust • Project; the area must be rezoned from R -3 to R-4 because of change in zoning ordinance text but application cannot be made until the HHRA has site control. VII. ESSEN IAL FUNCTION BOND PROJECT STATUS 1. The Board discussed the draft of the Housing implementation Plan and recommended that three options for constriction of market rate apartments and townhouses be incorporated into the Plan. The first would be for issue of bonds in 1994 with fall constriction, the second option would be fall construction with loan and issue of bonds in 1995, the third would be issue of bonds in 1995 with spring constriction. VIII. ADJOURNMENT There being no further business, Chairman John Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary/Treasurer • 1J HUTCHINSON HOUSING, INC. REGULAR BOARD MEETING MARCH 15, 1994 MINUTES I. CALL OR ORDER: STAFF CONFERENCE ROOM CITY CENTER President Don Erickson called the meeting to order.Members present - Tammy Wendlandt, Shirley Wass, John Paulson and Joel Kraft. Members absent - none. II. CONSIDERATION OF MINUTES OF FEBRUARY 15, 1994. There being no additions or corrections, Tammy Wendlandt moved that the financial report be approved as submitted. Shirley Wass seconded and the motion carried unanimously. III. FINANCIAL REPORT The financial report was reviewed. Joel Kraft moved that the financial report be approved as submitted. Shirley Wass seconded and the motion carried unanimously. IV. OTHER BUSINESS . 1. NONE V. ADJOURNMENT There being no further business, Don Erickson declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wen land, Secretary Treasurer • 11 0 E CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT APRIL 18, 1994 Date Interest Of Institution Description Rate Purchase TREAS BONDS 644136 7.18% 12/12/91 TREAS BONDS 644137 Firstate 41- 1214999 -8 Smith Barney CMO 80AP9 Smith Barney GNMA 865M7 Firstate 41 122933 Firstate 41- 1211694 4 Smith Barney 313400 S H 7 Firstate 41 121814 8 Firstate Firstate Firstate Firstate Firstate Firstate Firstate 42- 117375 -6 42- 120527 -7 7.13% 12/12/91 3.70% 12/30/92 7.380% 2/15/93 Principala returned 7.363% 2/15/93 3.70% 3.70% 5.00% 3.70% 3.65% 3.65% 421121694 4 3.65% 41 121749 6 3.80% 41 121820 5 3.90% 41 121829 6 3.90% 41 121821 3 3.90% 11/10/93 12/16/93 12/30/93 02/10/94 02/10/94 03/10/94 03/10/94 12/30/93 04/14/94 04/14/94 04/14/94 Date Of Maturity 2/15/2001 10/15/98 12/30/93 5/1/2018 8/10/2002 11/10/94 05/12/94 03/10/00 05/16/94 06/16/94 06/16/94 07/14/94 05/12/94 07/14/94 08/11/94 07/14/94 Amount 373,500.00 307,312.50 500,000.00 188,173.75 (18,922.22) 195,000.00 ** 400,000.00 600,000.00 300,071.92 200,000.00 300,000.00 300,000.00 100,000.00 100,000.00 100,000.00 300,000.00 200,000.00 $4,445,135.95 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument rece,es payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease ** A GNMA with fixed maturity but has a call date of 8/12/97 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) L] u MINUTES HUTCHINSON HANDICAP ADVISORY COMMITTEE April 14, 1994 9:00 a.m. Call to Order Building Official Jim Marka called the meeting to order. In attendance were Jim Marka, Carolyn Pohlen, Jack Yates, Scott Johnson, Don Todnem, Shell Queenan and Bonnie Baumetz, Secretary. 1. Jim Marka welcomed Shell Queenan, a new member on the advisory committee. 2. Jim commented on the possibility of funding through the H.C.D.C. He stated bonding is not possible on private property issues. 3. Don Todnem brought the film titled "An Introduction to Americans with Disabilities" which is put out by the State of Minnesota. He stated there is a Federal film with is very expensive that he is trying to obtain. Jack Yates will review the film and bring it to Dick Lennes, H.C.D.C. director, to review and present to the H.C.D.C. Board of Directors. Discussion followed on the State and Cities bringing buildings up to code. Jim Marka stated this committee should be proactive toward the issue of handicap accessibility. The suggestion was that Don Todnem present the tapes at service organization meeting. Don agreed to going to the organizations with the tape. 4. Jim stated the Fairgrounds should be completed. This summer the committee should check out the accessibility. 5. There was discussion on residential curbs and driveway dips. Jim will meet with City Engineer John Rodeberg and Assistant City Engineer Cal Rice to look at the properties in question. 6. Jim asked for a list of handicap accessible violations in the city. Discussion followed on timelines and construction season. 7. Jim commented on the letter he sent to the Mall Coordinator, Kim Eder and the response he received. Jack Yates stated he would invite Ms. Eder to HTI and show her what they have for door closures. 8. City Center Information - The door openers are ordered. The Open House is May 7th. Jim Marka showed the committee a i drawing representing the handicap parking at the City Center. 9. UP COMING PROJECTS - Ridge Apartments - near HTI - 1 or 2 apartments are handicap adaptable. Prince of Peace - Senior housing - should be adaptable. Middle School Addition - eight classrooms Village Cooperative - will be fully adaptable - common areas will by facilitated. Household Hazardous Waste Facility - recycling collection site facilitated access and bathroom. V.F.W. - oversite on bathroom access by city and contractor. 10. There was discussion on doors in handicap bathroom stalls. Jim will write for regulation book to find out more information on making the doors useable for handicapped individuals. 11. Jim Marka commented on the Bike /Pedestrian Path - . - Dolf Moon is looking into Luce Line paving monies. - There was discussion of funding for the paths. - Discussion followed on approaching utilities for funding. 12. Jim commented on the realignment of Hwy 7. 13. Carolyn Pohlen commented on the Civic Arena accessibility for both the entrance and the bathroom. Jim stated he would contact Dolf and coordinate a meeting to go through the building. Discussion followed on the theater accessibility. Signage was discussed and does not seem to be a problem. Carolyn Pohlen commented on the possibility of contacting the medical clinic to ask for a couple of taller chairs to aid in the waiting area. The new Chamber building will be fully compliant. Discussion followed on the violation of non - handicap persons parking in handicap parking spaces. It was the consensus of the Handicap Advisory Board to invite the Police Chief, Steve . Madson and Police Commission to discuss handicap parking. 2 14. FUTURE AGENDA ITEMS - Goals and objectives - Collect information on requirements and distribute to County and Townships - Discussion of handicap parking in the city The next meeting is scheduled for Thursday, June 9, 1994, at 9:00 a.m., in the Main Conference Room at the City Center, 111 Hassan St SE. CC: Scott Johnson Don Todnem Carolyn Pohlen Jack Yates Shell Queenan Mark Hensen Steve Madson Dolf Moon John Rodeberg Jim Marka E k3 9 N April 22, 1994 Non - intoxicating on -sale and off -sale beer licneses to be acted on by City Council, April 26, 1994: 1994 NON- INTOXICATING ON -SALE LIQUOR $350.00 Crow River Country Club (pending payment) Godfather's Pizza (pending payment) Gold Coin Pizza Hut Little Crow Bowling Lanes Lamplighter Lounge II (pending payment) Flyers /Hi Tops Bar and Grill(pending payment) NON- INTOXICATING OFF -SALE $200.00 Cash Wise Foods Erickson Freedom Station Hwy 7 Hwy 15 George's Food & Fuel (pending payment) Citgo - Quikmart (NOTE: Approval per verbal agreement with-Jim Marka to remove portable Southtown Mobil sign and comply with handicap parking signa Tom Thumb Food Market SuperAmerica Recommend approval of the above lift�l ,¢��n sale liquor licenses. �(� 1 City Hall 37 Washington Avenue West (612) 587 -5151 Steve Mads Parks £r Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 ati} g on and off Police Chief Police Department 10 Franklin Street South (612) 587 -2242 bd(-+ CITY OF HUTCHINSON TRESPASSING ORDINANCE 10.45 Subd. 9. Trespassing upon the land of another. . a. No person shall intentionally trespass on the land of another and, without claim of right, refuse to depart therefrom on demand of the lawful possessor thereof or his agent. A demand to depart may be made as follows: j 0 (1) Orally, or in writing, by the lawful possessor or the possessor's agent; or, (2) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land; or (3) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land during certain hours: b. No person who has received a written demand to depart pursuant to clause (1) of paragraph (a) of this section shall reenter the lawful possessors land without the written permission of the lawful possessor or the agent providing said demand for a period of up to one (1) year from the date of the written demand, as provided therein. C. A second offense of this section within one (1) year from the date of first offense will be a misdemeanor. RESOLUTION NO. 10197 • CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 700 Gal.Corrsion Contract $7210. Water Treatment Nalco Chemical 200 Ton Hot Mix 5000. Annual Maintenance Requir . Sheet Mid MN Hot Mix Storm Sewer Repair 5000. Annual Maintenance Requir . Sheet Juul Contracting 0 The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. IBUDGET I VENDOR Date Approved: Motion made by: Seconded by: Resolution submitted for Council action by: y Cf (a) • C April 21. 1994 MEMO Mill Klium UYIM a a aly A m mg 1 1 Our 1993 General Fund Budget contained reimbursement of some expense incurred for the Water /sewer fund. This has been budgeted in the past years. It would be requested to be reimbursed for: Audit $3,600 City Administrator 110 hours 3,947 Finance Director 200 hours 5,928 Accounting 48 hours 714 Total $14,189 This represents a conservative estimate of and by no means all expenses which could be reimbursed. It is requested of the City council to authorize the reimbursement to the General fund for 1993 of $14,189. This was budgeted for 1993 and would be reflected in the 1993 financial statements. City center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed an recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 o a (31 0 • r-1 LA C M E M O R A N D U M DATE: Apr 26th, 1994 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of Apr Attached is a listing for the month of Apr. May 2nd, 1994 at Noon. City Center 11I Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 of the delinquent water and sewer accounts Recommend service be discontinued on Monday, 2- 670- 0410 -091 Charles Roberts 410 Lynn Rd Hutchinson MN 55350 410 Lynn Rd 99.54 CC: David McGraw 685 Linden Av Hutchi.nsui, Dahl 55350 Promises Apr 28th 2- 675 - 0544 -031 Keith Krommenhoek 544 Madson Av Hutchinson MN 55350 544 Madson Av 122.78 Promises Apr 29th 2- 675 - 0535 -044 Susan Fors PO Box 247 Brownton MN 55312 535 Madson Av 18.07 CC: Craig Juhnke 535 Madson Av Hutchinson MN Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed an recycled paper - 55350 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)5887 -6427 7 _ 2 -X 70- 0430 -011 Bob onklin 430 urt v SW H chi on MN 55350 430 our Av SW 1 .49 2- 070- 0745 -015 Donovan Boettcher 745 Fourth Av SW Hutchinson MN 55350 745 Fourth Av SW 101.36 2- 470 - 0507 -052 Ulrich 50 arrin n St Hutchi n MN 55350 507 arr ton St 49 2- 470 - 0708 -021 Harold Phillips 708 Harrington St Hutchinson MN 55350 708 Harrington St 63.17 2- 310 - 0934 -022 2- 470 - 0715 -031 Wm Herdina E Duesterhoeft 934 Church St 715 Harrington St Hutchinson MN 55350 Hutchinson MN 55350 934 Church St 715 Harrington St 209.96 133.49 Promises May 6th 2- 350 - 0302 -072 2- 555- 0530 -041 Chris Doelger Angela Biehler 302 Dale St 530 Jackson St Hutchinson MN 55350 Hutchinson MN 55350 302 Dale St 530 Jackson St 137.06 119.21 Promises May 2nd 2- 350 -0325 -002 2 -580- 0515 -021 Thomas Smith Larry Hoff 325 Dale St 515 Juergens Rd Hutchinson MN 55350 Hutchinson MN 55350 325 Dale St 515 Juergens Rd 133.49 122.78 Promises Apr 28 2- 350- 0505 -021 2- 670 - 0400 -019 Richard Mattson John Sandahl 505 Dale St 400 Lynn Rd Hutchinson MN 55350 Hutchinson MN 55350 505 Dale St 400 Larson 94.22 91.42 Promises May 2nd 2- 465- 0626 -081 Chris Johnson 626 Harmony Ln Hutchinson MN 55350 626 Harmony Ln 97.79 • • RESOLUTION NO. 10199 0 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 3 PROJECT NO. 94 -03 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Lakewood Drive from 700' southerly of McDonald Drive to South Grade Road by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. . 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 10:00 AM on Tuesday, May 31st, 1994, in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on June 28th, 1994, in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 26th day of April, 1994. City Administrator Mayor �-/7 • RESOLUTION NO. 10200 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 11 PROJECT NO. 94 -20 WHEREAS, it is proposed to improve Denver Avenue from West Termini to Wal -Mart by construction of watermain and appurtenances; WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the Director of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 0 Adopted by the Council this 26th day of April, 1994. City Administrator Mayor 4 -c-' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MN 55350 ENGINEER'S REPORT DATE: April 20, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 11, Project No. 94 -20 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project is 100% City Cost, no hearing is required. Project No. 94 -20 Denver Avenue from West Termini to Wal -Mart by construction of watermain and appurtenances; Construction Cost $ 8.400.00 Engineering/Administration (16 %) $ Fiscal /Legal /Capitalized Interest (8 %) $ 672.00 ESTIMATED TOTAL ----------------------- - - - - -- $ 10.416.00 Assessable Cost $ Deferred Assessable Cost $ City Bonded $ 10.416.00 City Other Funds $ MSA $ MNDOT $ ESTIMATED TOTAL ----------------------- - - - - -- $ 10.416.00 JPR/PV 0 4_C" • RESOLUTION NO. 10201 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO. 11 PROJECT NO. 94 -20 WHEREAS, pursuant to a resolution of the Council adopted April 26th, 1994, a report has been prepared by the Director of Engineering, with reference to the improvement of Denver Avenue from West Termini to Wal -Mart by construction of watermain and appurtenances. Said report was received by the Council on April 26th, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $ 2. The cost of said improvement is 100% City cost, therefore public hearing is hereby waived. Adopted by the Hutchinson City Council this 26th day of April, 1994. City Administrator f� Mayor RESOLUTION NO. 10202 • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 11 PROJECT NO. 94 -20 WHEREAS, a resolution of the City Council adopted the 26th day of April, 1994, waived Council Hearing on the improvement of Denver Avenue from West Termini to Wal -Mart by construction of watermain and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 26th day of April, 1994. 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of April, 1994. Mayor City Administrator 4 -6-' 0 RESOLUTION NO. 10203 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 11 PROJECT NO. 94 -20, 94 -21, 94 -22, 94 -23 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Project No. 94 -20 Denver Avenue from West Termini to Wal -Mart by construction of watermain and appurtenances; Project No. 94 -21 5th Avenue N.E. from Main Street to Bluff Street by construction of stone sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances; Project No. 94 -22 Prospect Street N.E. from T.H. 7 to 6th Avenue N.E. by construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances; Project No. 94 -23 6th Avenue N.E. from Bluff Street to BreMix by construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 10:00 am on Tuesday, May 31 st, 1994, in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on June 28th, 1994, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 26th day of April, 1994. 0 Mayor City Administrator 0 C MEMORANDUM DATE: April 21, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON IRON AND METAL, FOR THE RELOCATION OF SCRAP IRON YARD IN I -2 DISTRICT LOCATED ON ARCH STREET 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 January 28, 1994, Mr. Jay Freedland, Hutchinson Iron and Metal, submitted an application for a conditional use permit to move Hutchinson Iron and Metal to property in I -2 district. A public hearing was held at the regular meeting of the . Planning Commission on Tuesday, March 15, 1994, and continued to the regular meeting of April 19, 1994, at which time there were neighboring property owners from outside city limits objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 3, 1994. 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 granted in concept based on the findings set forth above, contingent on satisfactory site plan designed and signed by a licensed professional engineer, wetlands are to be delineated, all NPDES requirements must be met and confirmed, consult with City Forester on plantings to be placed in the wetland and comply with all staff recommendations, the final site plan is to come before the planning commission once more to be approved prior to issuance of building permit. Respectfully submitted, SClint Gruett, Chairman Hutchinson Planning Commission City Hall Parks &Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street Sou. (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - T ,,i f ed on recycled pa pe, - 4 �'.' C HUTCHINSON PLANNING STAFF PLAN REVIEW COMMENTS FOR HUTCHINSON IRON AND METAL April 139 1994 Site plan requires the following additional information. Conceptually we recommend approval for the conditional use, lot split and variance - provided the following is complied with. Berm - Section A -A depicts only a 161 -0" roadway. In planning for the 5th Avenue bridge and the proposed truck route - the 641 -0" R.O.H. is necessary and must be dedicated to the City, thus the berm must be shifted southerly, outside of the R.O.H. Section 8.15 requires an 81 -0" solid wall created by berming /plantings or fencing, and landscaped to the Planning Commissions satisfaction. The proposed site plan does not appear to create this 81 -0" wall. Negotiation between the developer and the adjacent property owners has taken place with some compromises. If an arrangement cannot be worked out, an 81 -0" solid wall via fence or berm /plantings is required. In accordance with McLeod County Environmentalist, Mr. Paul Melchoir, berming, filling, or draining of wetlands is not permitted unless mitigation is approved and completed. However, plantings and/or placement of an 81 -0" fence is permitted, provided there is no effect on the watershed or wetlands. Driveway - Actual proposed is 361- 401 wide not 221. Zoning ordinance, Section 10.02 requires hardsurfacing. We recommend a three year phase in plan or hardsurfacing concurrent with the paving improvement of Arch Street in accordance with the 429 street improvement process. Office - Provide building dimensions on site plan. City Center Ill Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks A Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 134 -4240 - Primed on ren(!ed paper . Ll • 0 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 • Page 2 Hutchinson Iron & Metal Plan Review Comments Drainage - Provide 1' -0" proposed contours. It appears the easterly 36'x120' storage building requires approximately 5' -0" of fill, and may possibly encroach into the wetland - verify. Provide verification from the grain elevator and city engineer, approving the blocking of culverts and diversion of storm water. Detention Pond - A manhole with a skimmer is required. Confirm invert elevations and design with city engineer. Watershed and pond dimensions to be sized and designed by design professional, preferably a registered engineer. Loading Berth - Clearly there is plenty of area for offloading. However, the 121x65' turnaround /backing up area appears nonfunctional. Lot Depth - By zoning ordinance definition - Provide the "mean" of the lot depth. Proposed structures to be relocated are described appropriately with exception of (1) storage building which is 361x120 not 361x1001. Handicap Parking/Signage - Is this the most accessible location - please explain. Fire Protection - Identify nearest hydrant. Verify approval with fire marshal. Detail AL-A - R.O.W. is 66' not 64, - 16' roadway? Diversion Berm - Is this 2' high? Night Lighting - Not required. Cate Detail - Please provide. NPDSS Periit - Submit and verify design to State for approval. *Review previous comments. • ,4 h - a !y C)V" M. February 17, 1994 T0i G. Barry Anderson, City Attorney FROMt Hutchinson Planning Staff 0 SUBJECTt REQUEST FOR LEGAL OPINION - PROPOSED RELOCATION OF SCRAP METAL BUSINESS - HUTCHINSON IRON AND METAL Attached and listed below you will find all of the information city staff have received and compiled to date to begin preparation to complete a plan review for the proposed relocation of Hutchinson Iron and Metal. Please review this information (absent the completed site plan) in Preparation for the February 28, 1994, Planning Staff meeting. • PLANNING STAFF PLAN REVIEM COMMENTS 1) Incorporate survey into site plan representing building locations, setbacks, drainage, sewer and water locations, berms /plantings etc. 2) Property must have minimum 5 acres and meet lot dimensional requirements of lot width 250', lot depth 600'. Because this parcel is existing, staff believes the dimensional requirements are already non - compliant. A variance will be necessary. Hardship would likely be based on Irregular existing parcel shape restricted by right -of -way and railroad barriers. 3) A conditional use is required per 8.IS for scrap metal yard land use. A conditional use is also required per 10.06 to Place more than 1000 cu. yards fill and to construct with pole barn type construction. Open storage also requires a conditional use per 10.01. All structures to be relocated are defined on attachment. All of i3 application. city Hall 37 Washington Aivnue West (612) 587 -5151 can be incorporated on to (1) conditional use Parks & Recreation 900 Harrington Street (612) 587 -2973 Hutchinson, Minnesota 55350 - Printed on rrcyclyd pap,, - Police Departmeng 10 Franklin Street South (612) 587 -2242 G. Barry Anderson Memo 2/17/94 Page 2 4) Parcel is located farther than 1000' from residential zoning districts. 5) Pre - manufactured structures must be placed on manufacturers specified foundation. 6) Proposed berm to be 6'0" in height with approximately 311 slope with 2'0' coniferous trees spaced 8'0" and staggered In staff's opinion, berming and planting provides a better sound barrier with less obtrusion than a fence. (ie. South Grade Rd berm) 7) Building setbacks to bes h 40' from street R.O.N. 20' from interior lot line - principal building 6' from interior lot line - accessory buildings 150' from all residential zoning boundaries Parking lot or circulation drive front Street R.O.N. 20' Interior lot line 10' Residential Zoning Boundary 30' 8) Verify site drainage and ponding, including drainage from • Farmers Elevator along RR tracks and to the South. Provide city a copy of NPDES (National Pollutant Discharge Elimination System) permit. 9) Verify with City Engineer that 2nd Ave S.E. bridge can support your crane. 10) Sign permit required - request application if applicable. 11) No other collection sites for recyclables considered. 12) Product data sheet of material collected - provided no hazardous material or products permitted. 13) Hard surface parking required. Staff proposes a 3 -year plan to permit settling of granular. 14) No semi loading or offloading permitted in or on public R.O.M. All loading /offloading to be within site. 15) Office building must be handicap accessible and (1) unisex bathroom must be handicap adaptable. 16) Lot must be split - request noted on conditional use permit • application. h G. Barry Anderson Memo • 2/17/94 Page 3 17) Addressing in this area presents a problem. This matter must be reviewed by emergency services and the post office. It n,� appears that the grain elevator will have to change their address. 18) EAW - per City Engineer's January 25, 1994 and February 10, 1994, memos. NO Environmental Assessment Worksheet required. 19) Petition attached - For Your Information 20) The rural county area adjacent to this proposed site is zoned "Agricultural'. Junk yards and /or scrap yards are "conditionally permitted" in the Agricultural District. For Your Information. 21) The wetland is being reviewed by McLeod County Environmentalist, Paul Melchoir, the week of 2/16/94. If this area is determined to be partially wetland, delineation will be required by Mr. Freedland and protected per statute and NPDES permit. 22) Confirm assessment activity with City Engineer. • 23) Verify Arch Street R.O.W. and infrastructure easement is in place. • Y U A y- ,c' JAY FREEDLAND - SITE PLAN COMMENTARY • of Go6, HUTCHINSON IRON AND METAL. Plantings and berming combined require an 8'0' solid wall or uniform fence. Recommendation: 2'0" plantings staggered 8'0" is acceptable provided replacements of die -offs is maintained. The City Forester Hark Schnobrich can provide recommended planting /fertilizing practices. Provide 2'0" storm water diversion berm along west edge of wetlands. On survey represent plantings creating 8'0" wall at easterly border. Storm run -off in ditch must be maintained. Provide cross section of ditch, berm etc. Ditch to be at 3:1 slope with plantings typical of the wetland. iel switch grass. What are the pond dimensions? What are the elevations? What is the invert of the outflow culvert drainage pipe? Represent existing /proposed culvert drainage flows. Inverts, etc. • Represent curb -cut dimensions, hard surface locations, loading berth turn- around, handicap parking and signage. Property line to be a darkened border on the site plan. How long is the westerly berm? How wide are the berms? How wide is the entrance drive - connect to parking? Provide calculations of the actual site work area. Where are the water, sewer, gas, electricity services? What size? Describe and provide to the city, right -of -way and infrastructure easement on Arch Street. Site plan to be signed by design professional. _f h Hutchinson Iron t Metal, Inc. 304 - 1st Ave. S.E. 612 - 587 -266 Hutchinson, MN 55350 April 19, 1994 Berm - Section 1 - We will comply with the R.O.W. as required, thus we will shift the berm southerly. Section 8.15 - If we can not reach a satisfactory agreement, we will erect a solid wall fence as required. Driveway - There is a typo on the plans. The driveway is approximately 38'. Office - 30' x 80' written on plan Drainage - Section 1 - If need be we will fill accordingly and the building does not encroach into the wetland. Section 2 - refer to the purchase agreement Section 3 - pending • Loading Berth - We will not be loading and unloading on the street. Lot Depth - There is no "mean" since this is an irregularly shaped lot. Handicap Parking /Signage - This is the most appropriate Fire Protection - corner place of the lot Detail A -A - so noted Gate Detail - refer to pictures NPDES Permit - in process • 9 C M E M O R A N D U M DATE: April 21, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT LOCATED ON ARCH STREET (FARMER'S ELEVATOR PROPERTY) REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL •The Planning Commission recommends approval of the lot split. • City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Pr6.lnf o.n n'I uclnf paper - Police Department 10 Franklin Sheet South (611) 587 -2242 a V1 e � ✓ 1 � r, I � 1 jj rylrr• a i � f �1 2 �� •` \x. 1'r C i 2 i fir/ • RESOLUTION NO. 10204 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 8.15 OF ZONING ORDINANCE NO. 464 REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL TO MOVE SCRAP YARD TO PROPERTY IN I -2 DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Jay Freedland, Hutchinson Iron and Metal, has made application to the City Council for a Conditional Use Permit under Section 8.15 of Zoning Ordinance No. 464 to move scrap yard to property on Arch Street in I -2 (Heavy Industrial District), with the following legal description: Legal Description: That part of Lot 14 of the Auditor's Plat of the West Half of Section 5, Township 116 North, Range 29 West, described as follows: Beginning at the intersection of the northerly right of way line of Dakota Rail, Inc. and the east line of said West Half of Section 5; thence northerly, along said east line, a distance of 410.42 feet to the center line of • Arch Street; thence northwesterly, deflecting to the left 64 degrees 15 minutes 37 seconds, along said center line, a distance of 379.20 feet; thence westerly 273.65 feet along said center line, along a tangential curve concave to the south, having a radius of 645.97 feet and a central angle of 24 degrees 16 minutes 20 seconds; thence westerly, tangent to said curve, a distance of 26.11 feet to the center line of the railroad spur line; thence southerly, along said center line of the railroad spur line, to the intersection with said northerly right of way line of Dakota Rail, Inc.; thence easterly, along said right of way line, to the point of beginning. 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. '_. The r ,:ncil 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. L� 4l Resolution #10204 Jay Freedland Conditional Use Permit Page 2 CONCLUSION The application for Conditional Use Permit for the purpose designated is granted in concept based on the findings set forth above, contingent on satisfactory site plan designed and signed by a licensed professional engineer, wetlands are to be delineated, all NPDES requirements must be met and confirmed, consult with City Forester on plantings to be placed in the wetland and comply with all staff recommendations, the final site plan is to come before the planning commission once more to be approved prior to issuance of building permit. Adopted by the City Council this 26th day of April, 1994. ATTEST: Gary D. Plotz City Administrator C, J Marlin D. Torgerson • Mayor APR -26 -94 TUE 15:56 RINY,E- NOONAN -NOOMN • W1ANT, VN�OR�De6 OVNq A�jyp H'pCM0�: ATTORNEYS AT LAW Suite 700 Norwell Canter Box 1497 b7. CkNrd, MN 56302 (612) 25-6700 F8x; (612) 251 -5114 April 26, 1994 FAX NO 6563500 P.02/05 Roger C. Dusan I am writing this letter to you as an alternative to John J. 86-N-= making an additional appearance at your City Council meeting to be held nn April 26th. I am asking that the J& A. Poke,- letter he made a part of the record of your consideration of this Conditional Use Permit and Variance requost. bor S. ✓ -enmar � VARIANCE APPLICATION Orrin VRinke The Applicant has requested a variance to reduce the lot c'co depth requirement from 600 feet to 450 feet for a scrap iron /recycling yard to be located in an I -2 District. The Application does not meet the standards set forth in your ordinance. �w F "*0^i Lax Sp O ;,n om,e --y me �.. 3mw ler,aa cirt0/! SRamsx m P.^.vYe tsw aN , Mayor and City Council. Members City Of Hutchinson City Center 111 Hassan Street SE . D M;chae /Noonan Hutchinson, MN 55350 -2522 Gera/dR.Grole SENT BY FAX No.. 612 - 234 -4240 KlismA. Smo!ey' Re: Our File No. 10326. ool Kurt A. Deter Dear Mayor and Members of the City council: Barielt L. Colombo I am writing on behalf of our clients, Gary and Mary Ann Wotherell • ✓amesL.Want regarding the Variance and Conditional Use Permit Applications Gerald w. vonKorrl submitted to you by Jay Freedland of Hutchinson Iron & Metal. As know James you from the presentations I have made on behalf of my cliento before the City Council and the City planning Commission, my clients . ShdrvO U %+ebbs are opposed to the Variance alld to the Conditional Use Permit Application. Uavh7 J. Meyers`' My clients are extremely concerned about the impact of this proposal on the Value of their property. However, the applications should Jchn J.ieuarg be denied for other legitimate reasons having nothing to do with Thomas E. Ki-man my clientst concerns about property values. Roger C. Dusan I am writing this letter to you as an alternative to John J. 86-N-= making an additional appearance at your City Council meeting to be held nn April 26th. I am asking that the J& A. Poke,- letter he made a part of the record of your consideration of this Conditional Use Permit and Variance requost. bor S. ✓ -enmar � VARIANCE APPLICATION Orrin VRinke The Applicant has requested a variance to reduce the lot c'co depth requirement from 600 feet to 450 feet for a scrap iron /recycling yard to be located in an I -2 District. The Application does not meet the standards set forth in your ordinance. �w F "*0^i Lax Sp O ;,n om,e --y me �.. 3mw ler,aa cirt0/! SRamsx m P.^.vYe tsw aN , Mayor and City Council Members April 26, 1994 Page 2 Your own Application Form states that two conditions must be established before a variance can be granted. The first condition is that there are unique circumstances of the lot. The second Condition is that there must be some Undue hardship. Your Application goes on to state that "Inconvenience of the landowner Or occupant, self - created situations (including purchase of property), age and /or health problems are not deemed hardship under Minnesota law. This lot is not a "non- conforming lot" that should be allowed to be grandfathered in. It is part of a larger tract of land. Allowing this tract to be subdivided or platted into a new non - conforming lot is directly contrary to the standards of your ordinance. To allow this type of split is to set a very undesirable precedent. If you can "grandfather" this type of request, you could grandfather almost any other type of variance from your standards. • I believe that granting a variance under these circumstances could have a high probability of being overthrown by a Court. However, the Council has a duty • to apply its ordinances fairly and uniformly and you should not use the power of the City to take an action that forces aggrieved neighbors to go through the expense On behalf of my clients, I am requesting that the Council deny the request for a variance. CONDITIONAL USE PERMIT APPLICATION If the variance request is denied, you should not need to get to the question of a Conditional Use permit. However, if the variance is approved, I am requesting that the following conditions be made as a part of the Conditional Use Permit: 1. The wetlands on the site should be delineated by a professional qualified to delineate wetlands. I understand that the City expects to use Barr Engineering. My clients feel that Barr Engineering is qualified and encourage the City to use that firm. 2. The field work completed by Barr Engineering should be transferred to a survey of the site and Mr. Freedland should be required to have a • surveyor assist in designating the precise location of building:, berms, fences, and EPR -26 -914 TUE n U C� NU tbb Mayor and City Council Members April 26, 1994 Page 3 visual barriers as well as ditches, drainage areas, culverts, and hard surface areas to be constructed on the site. 3. The Planning Commission and the City Council should reserve the right to approve the final site plan as laid out accurately on the survey which includes the wetland delineations. The Applicant should be required to construct a berm of at least six feet with 3 to 1 slopes. The crest of the berm should be planted with vegetation at least two feet tall. The combination of a six -foot berm and a two -foot vegetative visual barrier is the most appropriate way of minimizing the negative impact of this development on neighboring property owners. 5. The Applicant should not be allowed to construct an eight -foot fence. For purely aesthetic reasons, construction of such a fence will have a highly detrimental impact on neighboring property values. The Council has the discretion to require the berm and the plantings and we respectfully request that the council do so. The berm should be located to the West of the wetland areas. The Applicant should not be allowed to construct a berm or a fence on the East side of the property which Would essentially be located within what appears to be an area that will be delineated as wetland. Furthermore, to locate the berm on the East side of the property will not have the effect of creating the visual barrier that will be created if it is located on the West side of the wetland. 7. The Applicant should be requirod to obtain an NPDES Permit and authorizations or permission from appropriate wetland regulatory agencies. s uM24"Y Once again, on behalf of my clients, I am asking that the variance on the lot size be denied. Tf the variance is granted, however, we are requesting that you take all APR -26 -94 TUE 15:58 RINKS- NOONAN FAX NO 6563500 P 05/05 Mayor and City Council Members i April 26, 1994 Page 4 reasonable steps necessary to minimize the negative impact on neighboring property owners. Please keep in mind that there is no absolute requirement that the City approve the variance request. Therefore, you have the power and discretion to impose conditions. Also, please keep in mind that this area will develop in the future and what you do now will have a lasting effect on the future development of the neighborhood. This is the time and opportunity to make sure that the impact on future development is minimal. Thank you for your consideration of our request. Sincerely, RINKE- NOONAN 8y ames Degi ni JD / lo cc Barry Anderson - Sent Via Fax No. 587 -4096 City Attorney 10326.001/L0426A.JD 0 • 0 C ML m u m H h U UPI DATE: April 21, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VARIANCE TO REDUCE LOT DEPTH REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL 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 February 22, 1994, Jay Freedland, Hutchinson Iron and Metal, submitted an application for a variance to reduce lot depth from 600' to the "mean" average. A hearing was held at the regular meeting of the Planning Commission on Tuesday, . Arch 15, 1994, and continued to April 19, 1994, at which time there were property owners present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 3, 1994. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be approved to reduce lot depth from 600' to the "mean" average based on the findings set forth above. NOTE: The hardship being the irregular lot shape limited by phyical barriers (ex. railroad tracks, roadway, wetlands). "The intent of the revision to the Hutchinson Zoning Ordinance in February, 1992, was to be for new plats and not to limit developability of existing parcels or limit potential lot splits. A consensus was reached that the 600' lot depth would be investigated and very likely ammended to a dimension more realistic with Huthinson's existing parcels zoned I -2." Also noted that the acreage density exceeds 5 acres and the development could proceed via condemnation agreement or a leasing agreement. City Hall 37 Washington Avenue West (612) 587 -5151 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Pte; ' .1 on n-: w1cd r,irc, - Police Department 10 Franklin Street South (612) 587 -2242 q a That part of Lot 14 of the Auditor's Plat of the West Ralf of Section 5, Township 116 North, Range 29 West, described as follows; Beginning at the intersection of the northerly right of way line of Dakota Rail, Inc. and the east line of said West Half of Section 5; thence north - erly, along said east line, a distance of 110.42 feet to the center line of Arch Street; thence northwesterly, deflecting to the left 66 degrees 15 m ' n- utes 37 seconds, along said center line, a distance of 379.20 feet; the westerly 273.65 feet along said center line, along a tangential curve c e to the south, having a radius of 645.97 feet and a central angle of 24 de- grees 16 minutes 20 seconds; thence westerly, tangent to said curve, ■ dis- tance of 26.11 feet to the center line of the railroad spur line; thence southerly, along said center line of the railroad spur line, to the inter- section with said northerly right of way line of Dakota Rail, Inc.; thence easterly, along said right of way line, to the point of beginning. 3ouih- 3a.56 N 1 CIO .e 3• o •. 9 �2. oOo 00, P It OC _ s 16.64 •\ \ � \ a O v W N N b 2 0'10• A- 7.48'04" R =572.96 L= 78.01, -:,. ,. S86'46"19 "E _ Norlh R/W line7 ___— o 115.96-" 44.79 Soumfine of NW IM of Sec.5,T.If6N.,R. 29W. of Center Ifne of DUkolo R0f1 for MOi SE cor of N WI /4 o so too 290 E- -— 1 AreOY crfllY that fhts surrey usa prspsrld by my Or undr tq dlrucf >Wrrls lon SCOI! In felt ,ud }he} 1 M .duly Uc.es•A LsOW SurraYr undr Mu bye of fb $fdu OI Mlvhf010• • Demles Iron snw M found 4 uM0 O 0 • D•rof•s from renu•enf of lltlyd h111m.. L1<•nw No. %26. Wt, Feb. 15, 1994 MIn711M5011, MINNESOTA am Mo. 943511 am P154 PAGE PELLIWN LAID SURVEYING 9 T TOTAL AREA - 6.019 ACRES AREA SOUTH ARCH STREET NE cor of NW 114 5.504 ACRES ' l•273 65 7 f 3' e< r 1B.g\ n o 9\ I CZ H64 b F ?. f: 4 \ h. CIO .e 3• o •. 9 �2. oOo 00, P It OC _ s 16.64 •\ \ � \ a O v W N N b 2 0'10• A- 7.48'04" R =572.96 L= 78.01, -:,. ,. S86'46"19 "E _ Norlh R/W line7 ___— o 115.96-" 44.79 Soumfine of NW IM of Sec.5,T.If6N.,R. 29W. of Center Ifne of DUkolo R0f1 for MOi SE cor of N WI /4 o so too 290 E- -— 1 AreOY crfllY that fhts surrey usa prspsrld by my Or undr tq dlrucf >Wrrls lon SCOI! In felt ,ud }he} 1 M .duly Uc.es•A LsOW SurraYr undr Mu bye of fb $fdu OI Mlvhf010• • Demles Iron snw M found 4 uM0 O 0 • D•rof•s from renu•enf of lltlyd h111m.. L1<•nw No. %26. Wt, Feb. 15, 1994 MIn711M5011, MINNESOTA am Mo. 943511 am P154 PAGE PELLIWN LAID SURVEYING 9 T RESOLUTION NO. 10205 • RESOLUTION GRANTING VARIANCE FROM SECTION 8.15 OF ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE TO REDUCE LOT DEPTH FROM 600' TO THE "MEAN" AVERAGE LOCATED IN I -2 DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Barton, has applied for a variance from Section 8.15 of Zoning Ordinance No. 464 for the reduction of lot depth from 600' to the "mean" average located on Arch Street in an I -2 (Heavy Industrial District), with the following legal description: Legal Description: That part of Lot 14 of the Auditor's Plat of the West Half of Section 5, Township 116 North, Range 29 West, described as follows: Beginning at the intersection of the northerly right of way line of Dakota Rail, Inc. and the east line of said West Half of Section 5; thence northerly, along said east line, a distance of 410.42 feet to the center line of Arch Street; thence northwesterly, deflecting to the left 64 degrees 15 minutes 37 seconds, • along said center line, a distance of 379.20 feet; thence westerly 273.65 feet along said center line, along a tangential curve concave to the south, having a radius of 645.97 feet and a central angle of 24 degrees 16 minutes 20 seconds; thence westerly, tangent to said curve, a distance of 26.11 feet to the center line of the railroad spur line; thence southerly, along said center line of the railroad spur line, to the intersection with said northerly right of way line of Dakota Rail, Inc.; thence easterly, along said right of way line, to the point of beginning. 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. I Resolution #10205 Variance • Page 2 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CONCLUSION The application for variance be granted based on the findings set forth above. NOTE: The hardship being the irregular lot shape limited by phyical barriers (ex. railroad tracks, roadway, wetlands). "The intent of the revision to the Hutchinson Zoning Ordinance in February, 1992, was to be for new plats and not to limit developability of existing parcels or limit potential lot splits. A consensus was reached that the 600' lot depth would be investigated and very likely ammended to a dimension more realistic • with Huthinson's existing parcels zoned I -2." Also noted that the acreage density exceeds 5 acres and the development could proceed via condemnation agreement or a leasing agreement. Adopted by the City Council this 26th day of Apirl, 1994. ATTEST: Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor r1 L J 0 C MEMORANDUM DATE: April 21, 1994 TO: Hutchinson City Council FROM: Hutchinson Plannina Commission SUBJECT: CONSIDERATION OF VARIANCE TO REDUCE FRONT YARD SETBACK FROM 30' TO 8' AND SIDE YARD LOT DEPTH FROM 120' TO 80' LOCATED ON SHADY RIDGE ROAD REQUESTED BY JOHN MILLER 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 November 23, 1993, John Miller submitted an application for a variance to • reduce front yard setback from 30' to 8' and side yard setback from 120' to 80 ' located on Shady Ridge Road. A hearing was held at the regular meeting of the Planning Commission on Tuesday, December 21, 1993, and continued to April 19, 1994, at which time was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, December 9, 1993. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be approved based on the findings set forth above subject to the following staff recommendations: 1) A hook up fee may be required depending upon the original assessment fee, confirm with City Engineer Rodeberg. 2) The basement floor must be at elevation of 1046.5' or higher and recertified prior to occupancy. 3) Record easement prior to request for building permit. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - PC!: red OL' K, UCled lnaper - q .' 4\ ;DOD '• Joe B ] I�62 \ �1 ,... PARKEL A LOT 25 AND THE SOUTH 80.00 FEET OF LOT 1 OF SHADY RIDGE. SUBJ[CT TO AR EASEMENT FOR DRIVEWAY PURR 9 OVER THE EAST 20.00 FEET OF SAR).SBUTM 80,0010 ET OF LOT I. It �. 11 P41t�l�Lt B LOT Is SHAOY RIDGE. EXCEPT THE SOUTH 80.00 FEET THEREOF ALSO AM EASEMENT FOR ORIVEWAY PURPOSE! OVER THE EAST 20.00 FEET OF SA 10 SOUTH BO.00 FEET. ve-'- W 1 I Son M.1,. u 4 ...\�B8e 47'W 163,07..- rc 20. 00 \ e \ I z a \ \ \ I m �\ 'A \. \ \ V o ° PARCEL A ' 3 W o 1 a Wo a W 0 W \ . I > \ \\ \ 9J\ 0 155604 SQUARE o u FEET I \ 5 \ `� R\ \ PROPOSED BLDG 1 \ •D SETBACK LINE�-"'I \ \A M -I 1waby certify shot this survey woe a'epated by me Or under my direct suaervialon oM Ina, I am a duly Licensed Lond •iJrveyo, Under the low'f n, the 5101! of hill nneeato «e<.� WJinrn ,i•s• No , +676. Orlah" 1 84 AREA OF LOT 1 38880! SOUARE FEET AREA OF LOT 25 = 25001 SOU4RE FEET n.n,,,.. nun •,neri1 ,nand 40 �1 ;DOD '• Joe B ] I�62 \ �1 ,... 9.71 -.. NB8.07'E 11.11. Silly. 1 \ - O ; Pr000sed slandpl OF RIDGE 'B ROAD r z SHADY --T5 �- 1 NBB'47'E r5an M H 'Hydrmt -I 1waby certify shot this survey woe a'epated by me Or under my direct suaervialon oM Ina, I am a duly Licensed Lond •iJrveyo, Under the low'f n, the 5101! of hill nneeato «e<.� WJinrn ,i•s• No , +676. Orlah" 1 84 AREA OF LOT 1 38880! SOUARE FEET AREA OF LOT 25 = 25001 SOU4RE FEET n.n,,,.. nun •,neri1 ,nand 40 �1 • i N M E M O R A N D U M DATE: April 21, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT LOCATED ON SHADY RIDGE ROAD REQUESTED BY JOHN MILLER The Planning Commission recommends approval of the lot split. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - P,i tcd on n'; ucle:f raper- Police Department 10 Franklin Street South (612) 587 -2242 3 S88.25'08'w _... 202.8 -.. ,Leo n NM felce I loot noun of WIN", line ? lele D^ a1 \ i3 p + an' 1 m \ f 1 ' Y� V \ � 1 } \ SO c 43 0 � .1 \ HOUSE v 0 6 m a PARCEL B - 267 a ` V 25830! SQUARE FEET f vi p l a J 11 1 � 0 0 \ N n+ N 0 ° Z n, I w \\ 588.4TW S 8 V a `¢ IB�..1 -- 163.07 -- ., ] \ I 1 I I \ 20 00 v 5` \ I 3 \ 7 Z Q `o y an PARCEL A az° zCi 155601 SOUARE FEET 50 n m YD THE SOUTH 80.00 FEET \ �� 'S PROPOSED BLDG OF SHADY RIDGE. SETBACK LINE TO AN EASEMENT FOR DRIVEWAY I, 2L00 OVER THE EAST 20.00 FEET OF m ppo• ol. SF f SO.00FEET OF LOT 77,62 59.71- R• — sn - H N88.47•- E 1w 3 - 8 hn, �z SHADY RIDGE 1 .; %Dr RIDGE. EXCEPT THE E SOUTH T THEREOF. It -.... NT FOR DRIVEWAY PURPOSES` . I i3t.. - _68.0..._ NBB•47'E _. 75 s6 EAST EAST 2000 FEET OF SAID SOUTH ;' "+r Oert.fy tMt tns 5wvey r05 Drepnred by mr or under ¢f suor e.von " Pta1 I am a duly Licensed Land n under roe{ 114 -1 o/ the State of Minnesota s'eu one-, Ucense NO 9626 12, `989 AREA OF LOT I : 38880! SQUARE FEET AREA OF LOT 25: 2500! SOUARE FEET • denotes iron monumem fou cl RESOLUTION NO. 10206 • RESOLUTION GRANTING VARIANCE FROM SECTION 6.05 OF ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE TO REDUCE FRONT YARD SETBACK FROM 30' TO 8' AND SIDE YARD SETBACK FROM 120' TO 80' LOCATED ON SHADY RIDGE ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. John Miller, has applied for a variance from Section 6.05 of Zoning Ordinance No. 464 for the reduction of front yard setback from 30' to 8' and side yard setback from 120' to 80' located on Shady Ridge Rd, with the following legal description: Legal Description: Lot 25 and the South 80 feet of Lot 1 Shady Ridge. Subject to an easement for driveway purposes over the East 20.00 feet of said South 80.00 feet of Lot 1. 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance be approved as set forth above. . 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the appli- = -t It „ill not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 0 4 Page 2 Resolution *10206 CONCLUSION The application for variance be granted based on the findings set forth above subject to the following staff recommendations: 1) A hook up fee may be required depending upon the original assessment fee, confirm with City Engineer Rodeberg. 2) The basement floor must be at elevation of 1046.5' or higher and recertified prior to occupancy. 3) Record easement prior to request for building permit. Adopted by the City Council this 26th day of April, 1994. ATTEST: Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor • \J 0 \J C. • ' MEMORANDUM DATE: April 21, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY REQUESTED BY LARRY GAUGER TORE PLACE EXISTING DETACHED GARAGE 24' X 30' ATTACHED GARAGE LOCATED AT 247 - 5TH AVE NW Pursuant to Section 8.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On March 30, 1994, Mr. Larry Gauger submitted an application for a conditional use permit to replace an existing detached garage with a 24' x 30' attached garage located at 247 - 5th Ave NW. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1994, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 7, 1994. 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 granted based on the findings set forth above, subject to staff recommendations noting there must be a 3' setback to comply with Section 8.05 of the Zoning Ordinance. City Hall 37 Washington Avenue West (612) 587 -5151 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Prei ti d on n cwled paper - Police Department 10 Franklin Street South (612) 587 -2242 u �. CERTIFICATE OF SURVEY for LARRY GAUGER That part of Lot 3, Block 8, TOWNSITE OF HUTCHINSON, NORTH HALF, described as beginning at the southeast corner of said Lot 3, thence northerly, along the east line of said Lot 3 a distance of 132.00 fee thence westerly, parallel with the south line of said Lot 3, a distan of 70.00 feet; thence southerly, parallel with said east line, a dis- tance of 132.00 feet to said south line;,, thence easterly, along said south line, a distance of 70.00 feet to ''the point of beginning. R= 709009 N Y CO V O M m t %S 11 O M GAR, O 0 RAJ �; qe 5 O N M J A'e jrs�osed N 6.7 16 — ° double Cn'Cje M p c _ o HOUSE _ M NO. 247 25.9 ) e t 36 2 I Y' I t � ( a 3 1 SE gar. of lot 70.00 in R =5057.19 N a) r b N NORTHWEST FIFTH AVENUE e denotes Iron monument found. o denotes iron monument set. (; Inch diameter Iron pipe, unless otherwise noted.) I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State o1 Minnesota. O 15 30 60 scale in feet Willard Pellinen, License No. 9626. Date March 22, 1994 PLLLINLN LAND SURVEYING HUTCHINSON, MINNESOTA JOB NO. 943 536 BOOK P 154 PAGE 24 RESOLUTION NO. 10207 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 8.05 OF ZONING ORDINANCE NO. 464 REQUESTED BY LARRY GAUGER TO REPLACE EXISTING DETACHED GARAGE WITH ATTACHED GARAGE LOCATED AT 247 - 5TH AVE NW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Larry Gauger, 241 - 5th Ave NW, has made application to the City Council for a Conditional Use Permit under Section 8.05 of Zoning Ordinance No. 464 to replace existing detached garage with a 24' x 30' attached garage located at 247 - 5th Ave N.W., with the following legal description: Legal Description: Lot Three (3) in Block Eight (8) Townsite of Hutchinson, North Half • 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. \I 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 on the findings set forth above, subject to staff recommendations noting there must be a 3' setback to comply with Section 8.05 on the Zoning Ordinance. Adopted by the City Council this 26th day of April, 1994. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor y c M E M O R A N D U M DATE: April 22, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT TO BE KNOWN AS "HUNTERS RIDGE" SUBMITTED BY KEVIN COMPTON AND DENNIS KAHL • The Planning Commission recommends approval of the final plat subject to the street names being changed as suggested by city staff. Parkland contribution will be collected With the building permit and there must be an approved subdivision agreement. J City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Prw:, u,, , , r i,d pep,,- Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Far(612)587 -6427 L ao 2�-- .. SE 1N N SE V. • V M.q. 1'.n mMUm/n1 ,puM M Mei+•1ia Ope• ^9 N9 0-06 46 1l pa6W N M• i • OeMU< np^ m•^umpM w• Ge0 1•M I'1Y"""pM ux fMn pmnw4. vm ppr mpnM M E. <•Mp M 9626 •NpIn,.Ma9[ W N 9E,A n•"• 2 .,'14.•30W 1 ' 96Y 29'65[ 9°5.61 _--- - -'"i 5 —i! - - - _— f — — — — - is rwn -1 f-- T2nr -1r - i3OAS ^'1 r- d6.id- A i- -es570 - —1 I__--- 1 11n WE�Rayp h 1p .y- L .I 6 r 11 1 'NEIL C R ff2� I I .• ° I L,Is 1 ��..�I, � 3 Ii 1 1 I I I l i n^' a�'+' „I `�•F0 m ,`.'; :Y. 1 1' t5 $1 4p^ I I I I I I I }X r <I Ig '.2Y 'i I I V6nY196�J 1_ —_._ —J Ie---- _- .w. -. -- 16169- a ~II 111 'io.00 90N 1 1 r•yW ° %' 8 �1.. ,.4: Sw. R ; s .h�.� . 1. 1 I 1 i '� xn•ixa_6 _.. a1 p. -, .. _ .. - -� — Y 1 fp9_.�.. f9 ._ t 0 a.16••'• .8 II -�� 11 ' % sR p• •/; i s'�$ � �.•:1r.:5� 1 1 °•.n:2 I I •`§. j I 1 la I I: p,•o`.�i I -1 1 11 11 4'. 1'6'a,o4g' �� dl ,°xl 3 all 2 dig 1 �o ... I 71 W °O `�e5 1 r d✓` w�• I aaao % Ig S (g di °l _I l° "-1 1n I- n 1 ° 6 - Ib - 6 I I°i1 I M 'a I = i I b. 7r, s. 4^ 0 +• •• I I '•' h M 1 � j 1 i — i? fU -- J _ 9x fo_J L-- '' - -_._ 1 -- ai o •'fr 8,p91 .{ —!., N00'26'26 "W 690.00 a I I I I 121.00 r S I I k I I '. s was-26,26 I s. • Ig 1 .) � 1 2 'R� wp.,pa .ne pupq paump ^9 rp w.n ^,nnp l0 •1 I L— _'2V3? _J nap � n.ao � - -- I W I^ •� 2 I t 100.00 "00.20'45 p, I I _ - - -- 1 I 0 wl 2 I I I ,ga'1j I,9 1 II I Y� _ ,i.'i _J I_�1L0� J a a,n rN'al.rMU1 ,n•. w1w. �M dw 1ftM pnf 1040 a.N1n YM fY L ..u..aav9•,p 190.15 I • V M.q. 1'.n mMUm/n1 ,puM M Mei+•1ia Ope• ^9 N9 0-06 46 1l pa6W N M• i • OeMU< np^ m•^umpM w• Ge0 1•M I'1Y"""pM ux fMn pmnw4. vm ppr mpnM M E. <•Mp M 9626 • RESOLUTION NO. 10208 RESOLUTION GIVING APPROVAL OF FINAL PLAT KNOWN AS HUNTERS RIDGE WHEREAS, Kevin Compton and Dennis Kahl, have submitted an application for approval of a final plat to be known as HUNTERS RIDGE of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod county, to -wit; Legal Description: The Southeast Quarter of the Southeast Quarter of Section 2, Township 116 North, Range 30 West of the 5th principal Meridian. Except the north 700.00 feet of the west 373.37 feet thereof. And except that part thereof described as follows: Commencing at the southeast corner of said Southeast quarter; thence northerly, along the east line of said Southeast Quarter, a distance of 446.00 feet to the point of beginning of the land to be described; thence continuing northerly, along said east line, a distance of 534.00 feet; thence westerly, parallel with the south line of said Southeast Quarter, a distance of 490.00 feet; thence southerly, parallel with said east line, a distance of 543.00 feet; thence easterly, parallel with said south line a distance of 490.00 feet to the point of beginning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said final plat of HUNTERS RIDGE is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota. Subject to the street names being changed as suggested by city staff. Parkland contribution will be collected with the building permit and there must be an approved subdivision agreement. 1 Page 2 Resolution #10208 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 26th day of April, 1994. ATTEST: Gary D. Plotz, City Administrator Marlin Torgerson Mayor 1J • C 0 • M E M O R A N D U M DATE: April 22, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT ON DALE STREET FOR CONSTRUCTION OF FOUR PLEX REQUESTED BY KEVIN COMPTON The planning commission recommends approval of the request for a 6 month extension. Cite Center I I l Hassan Street SE Hutchinson, h1N55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 Police Services 10 Franklin Street SN" Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 ' I Mao iii -� L G'amptv�- ag�dezdv�t G�v�tdtzuctio`t, Inc. HWY. 15 NORTH HUTCHINSON, MINNESOTA 55350 (612)587.4422 We hereby request that the conditional use permit which was granted by the City Council on Sept. 28, 1993 for the property on Dale St. be extended for an additional six months. Dennis Kahl • XzaULU1IUN NU. luuSN RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 FOR CONSTRUCTION OF A FOUR PLEX LOCATED • ON DALE ST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Dennis Kahl, Compton - Anderson Construction, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow the owner to construct a 4 -plex on property located on Dale Street with the following legal description. Legal Description: That part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 1, Township 116 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line of said Southwest Quarter, 691.80 feet; thence northerly, deflecting to the right 89 degrees 57 minutes 00 seconds, 391.80 feet; thence easterly, parallel with the north line of said South Half, 167.53 feet to the point of beginning of the land to be described; thence continuing easterly, parallel with said north line, to the northwesterly line of Dale Street; thence southwesterly, along said northwesterly line of Dale Street, 163.28 feet; thence northwesterly, deflecting to the right 90 degrees 00 minutes 00 seconds, 154.96 feet to the intersection with a line drawn southwesterly from the point of beginning parallel with said northwesterly line of Dale Street; thence northeasterly, parallel with said northwesterly line of Dale Street, 72.54 feet to the point of beginning. Subject to an easement for a retaining wall. Said easement is described as beginning at a point on the north line of the above described parcel a distance of 50.64 feet west of the northeast corner of said parcel; thence easterly, along said north line, 50.64 feet to said northeast corner; thence southwesterly, along the northwesterly line of Dale Street; 21.50 feet; thence northwesterly to the point of beginning. . 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. �rn ++cu �Llm . +.aac YLuyuueu use wlii 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 on the findings set forth above. Adopted by the City Council this 28th day of September, 1993. ATTEST: - Gary D. P1,J.6tz Paul L. Ackland City Admi trator Mayor 11 i northeasterly, parallel with said northwesterly line of Dale Street, 72.54 feet to the point of beginning. Subject to an easement for a retaining wall. Said easement is described as beginning at a point on the north line of the above described parcel a distance of 50.64 feet west of the northeast corner of said parcel; thence •easterly, along said north line, 50.64 feet to said northeast corner; thence southwesterly, along the northwesterly line of Dale Street; 21.50 feet; thence northwesterly to the point of beginning. Porallel with north line of SI /2 of SEI /4 of SW 1/4 --167.53-- .I /0 O /o. 90. l — 179.58— 18272 SO. fT a° m 2° y41 I P O / ti �$O C /VC 4 Q 50.64 h i e9 ni i ti / � SE cor. of SW 1/4� 691.80 -- __ -•_ South line of SW 1/4 of Sec. I, T 116 N., R. 30 W�— 0 25 50 100 1 hereby certify that this survey was prepared by me or under my direct supervision 1! In feet and that I am a duly Licensed Lend Surveyor under the laws of the State of Minnesota. • Denotes Iron monument found o Denotes Iron monument set Millard PeIIInen, License No. %26. Date PELLINEN LAND SURVEYING HUTCHINSON, MINNESOTA JOB NO. HU 933592 BOOK P 14 5 PAGE 77 g1ry 0 C H E M O R A N D U M DATE: April 22, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PETITION BY GREG MARTIN TO BEGIN ANNEXATION PROCEDURE OF 1.6 ACRES LOCATED ON NORTH HIGH DRIVE IN HUTCHINSON TKP • The Planning Commission recommends approval of the request subject to staff recommendation requiring a written agreement between the property owner and the city for services and assessments. It is understood the property owner will pay for access to services. Hook up will begin prior to full completion of the annexation. The staff is also recommending the property owner dedicate 50' of right -of -way to the city. r 1 L-A City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 rr,'i!,. ,,. ,_.._.,r. Police Senices 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 4 OriES f _ S - U � __ J A001 W S ' rr i n i I � I I I 1 I• 1 � 3 BURNS �� 4 MANOR � LA,2 FJ -,„Y _ or N N,_N 3 Tiq 2 3 4 s =.' 2 3 S 6 7 I o: N q Q 11 M 9 9 14 13 Q It 10 9 B' 2 ELEVENTH »AVENUE � a 3 6 7 WIL AR A f I g 6 3 6' 7 9 c Ia 13 312 11 10 9 9 I TENTH < AVENUE C 3 z._ .I,. R <.' Z4 3 .I 25I 3 . i 2 g, j 3 22 j i NINTH a; AVENUCe s • 1.6 acres to be annex i 0 `J iEf-ut�� �2o�c �'[�w 5S,3Sa %ter <- �Cc�cy�e?s� %%/�L SS35D 0 1 C April 18, 1994 Mr. Greg Martin 205 North High Dr Hutchinson MN 55350 Dear Mr. Martin, Thank you for your written request for annexation dated April 6, 1994. Listed below are the approximate expenditures you will incur, with the extension of infrastructure (water, sanitary sewer, storm sewer, street, etc.) Immediate fees - Building permits - $60.50 Water Meter - $90.00 - no cross connections between the well or municipal water permitted. (you install) Septic tank is to be pumped, collapsed and filled (private contract) $ ?. 40 Water Well to remain functional or vacated by licensed well driller (private contract) $ ?. Sanitary Sewer /Potable Water Trunk Utility Access Fees 40 - $700.00 /Acre Sewer $250 -00 /Acre Water Actual construction costs to connect sewer /water & street repair (private contract) $ ?. Future Assessments - When infrastructure is extended, you will be notified and a public hearing will be held. The City prefers not to defer assessments. As part of this agreement, it is understood that you are willing to incur these expenses or plat the frontage off and develop (suggestion). Presently, we have no improvements scheduled for this area. Best regards, James G. Marka Building /Zoning Official JGM /pv file_ City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 John P. Rodeberg Dir of Engineering /Public Works Parks& Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on recycled payer - Police Services • 10 Franklin Street SW Hutchinson, MN 55350 -2464 (611) 587 -2242 Fax (612) 587 -6427 C M E M O R A N D U M DATE: April 22, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT AS GRANTED 10/26/93, REQUESTED BY TOM LUDOWESE FOR ADDITION TO ACME CARWASH LOCATED AT 690 SOUTH GRADE RD. . The Planning Commission recommeds approval of the 6 month extension noting staff recommendations of installing flammable wastetrap, sludge and grit container, provide curb on east side and extend hard surface on exit driving area north side of lot line. \-A Cinl Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fav (612) 234-4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 Police Services 10 Franklin Street SH Hutchinson, MN55350 -2464 (612) 587 -2242 Far(612)587 -6427 L C I� 0 9 RESOLUTION NO. 10070 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO CONSTRUCT AN ADDITION UNTO ACME CARWASH • REQUESTED BY TOM LUDOWESE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Tom Ludowese, Acme Carwash, 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 52' x 18' addition unto Acme Carwash located at 690 South Grade Rd. with the following legal description: LEGAL DESCRIPTION: Outlot B and that part of Outlot A and that part of Lot 5, Block 2, of HUTCHINSON MALL, descibed as follows: Beginning at the northwest corner of said Outlot B; thence easterly, along the north line of said Outlots B and A and along the north line of said Lot 5, a distance of 322.00 feet to the south line of said Lot 5; thence westerly, along said south line, a distance of 230.00 feet to the southwest corner of said Lot 5; thence northerly, along the west line • of said Outlot B, a distance of 322.00 feet to the point of beginning. 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 on the findings set forth above subject to city staff recommendatons of installing flammable wastetrap, sludge and grit container, provide curb on east side and extend har- :-dace or. exit driving area north side of lot line. . Adopted by the City Council this 26th day of October, 1993. ATTEST: — AJI�qd po.0- 114dx "C� Gary D. lotz Paul L. Ackland City Administrator Mayor W(' CERTIFICATE OF SURVEY for ACME CAR WASH SOUTH ,NW corner of O.L. 9 VO O nN . N OM Z . • i SW cor. of Lot 5 GRADE R ROAD ' h 'A in h iron p East (bearing) o denotes V2 ,nc by c 230.00 _ I r CONCRETE _> 90.7 2 .2' 1 i EXISTING BUILDING N 1 •: 1 23.5 ` 1 .. '' I Z0G cutv. s , �1 3 Oo ON N u) N• Mo IA -- 4— — N !I J � 230-00 West :utict n and that. part of Outlot A and that part or Lot 5, Block 2, of HUTCHINSON desrr;or,' as follows: -- r MINUTES w HUTCHINSON PLANNING COMMISSION Tue #day, April'19, 1994 is 1 V 3 CALL TO ORDER 5:30 P.H. FAR YppR �NFpR�gT IpN The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Dean Wood, Glenn Matejka, Bill Craig, Roger Gilmer, April Brandt (6:35 p.m.) and Chairman Gruett. Absent: Craig Lenz Also Present: Building Official Jim Marka, City Engineer John Rodeberg, City Attorney Barry Anderson, City Administrator Gary Plotz, Mayor Marlin Torgerson, Director of H.C.D.C. Richard Lennes and GIS Coordinator Larry Huhn. CONSIDERATION OF MINUTES DATED MARCH 15, 1994 Mr. Craig made a motion to approve the minutes dated March 15, 1994, seconded by Mr. Wood the motion carried unanimously. PUBLIC HEARINGS a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, FOR THE RELOCATION OF SCRAP IRON YARD IN I -2 DISTRICT LOCATED ON ARCH STREET Chairman Gruett reopened the hearing at 5 :35 p.m. with the reading of publication #4632 as published in the • Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a condition use permit requested by Jay Freedland, Hutchinson Iron and Metal, to move scrap yard business to property in I -2 (Heavy Industrial District) located on Arch Street. Building Official Jim Marka commented briefly on the requirement of an E.A.W. (Environmental Assessment Worksheet). He stated the option is open. Mr. Marka commented on his meeting with Mr. Freedland and the neighboring property owners to review the site plan and the staff recommendations. Jay Freedland, Hutchinson Iron and Metal, explained the answers to staff recommendations and commented on the wetlands. He stated the N.P.D.E.S. permit requirements will and must be met. There was discussion on the N.P.D.E.S. permit and some of the requirements of the state such as a complete site plan. Mr. Craig commented on the delineation of wetlands being made by a registered engineering firm. Mr. Marka commented on the fact Mr. Paul Melchoir, McLeod County Environmentalist, has conservatively staked out the wetlands. V HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 City Engineer John Rodeberg stated the N.P.D.E.S, permit required by the state is very thorough. Discussion followed on the gate size and type of construction. Atty. Jim Digiovoni, representing the Wetherall's, stated his concern with the city granting a variance on a lot split that creates a second nonconforming lot. He also commented on the conditional use permit and the ditch through the property. Atty. Digiovoni stated the site plan presumed the ditch may be filled. Jim Marka commented on his concerns with the berm and barrier. He stated in his conversations with Mr. Melchoir a fence or plantings may be placed as a barrier in the wetland. John Rodeberg stated the Soil and Water Conservation Board makes these decisions and Mr. Melchoir reports to the board. Atty. Digiovoni debated the filling of wetland swale. He stated his clients do not want the facility in this area and asked the planning commission not to overlook any wetland delineation. There was discussion on the zoning of the property as I- 2, Heavy Industrial. Mr. Craig stated there are many issues. The issue of the neighbors position, the issue of environmental protection and the issue of legal protection. Mr. Lee Stritesky, representing his father Allan Stritesky, a neighboring property owner to the southwest of the property, commented on the berming as a visual barrier to the north and east but not the south and west. He asked if it would be possible for the city to look into providing a boundary around all industrial property. Building Official Marka commented on discussions regarding boundary screening. Mr. Lennes, H.C.D.C., stated he supports a screening of trees along the boundary of the industrial area for further development. Mr. and Mrs. Steve Eggert, 1105 Arch Street, asked if this is the complete site plan as laid out. Discussion followed on the changes that may occur on the plan. Mary Anne Wetherall, 1145 Arch Street, voiced concerns with the easterly berm in the wetland. Mr. Freedland commented trees could be planted in that area. • Mr. Marka stated the staff has additional recommendations however, conceptually they would recommend approval of the request. 9 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 Mr. Craig moved to close the hearing, seconded by Mr. • Gilmer the hearing failed to close due to further discussion. Mr. Mel Kobow, Hassan Valley Township Supervisor, stated the township board would like to see the planning commission consider the residents. Mr. Lee Stritesky commented on the zoning of the property 17 or 18 years ago. Ms. Brandt explained this is a growing community and the commission will do the best job it can for the community to look forward. City Attorney G.Barry Anderson stated there have been changes in the past in that area. He commented the city must deal with the issues. The hearing closed at 6:40 p.m. Mr. Craig commented on the neighbors concerns and stated this business may not be as ominous as it appears and is a suitable business choice. He then attempted to make a motion however discussion again followed. . Atty. Digiovoni commented on a site plan prepared by a registered engineer should come back to the planning commission and city council. Discussion followed on the berm and plantings. City Attorney Anderson stated the requirement is an 8' barrier, the ordinance does not specify number, size or kind of plantings. This question could be possibly answered by the city forester. Mr. and Mrs. Morris Fischer, 1150 Arch Street, stated they would like to see a 4' berm and 4' plantings on the higher ground. Mr. Craig made a motion to approve in concept the request contingent on satisfactory site plan designed and signed by a licensed professional engineer, wetlands are to be delineated, all NPDES requirements must be met and confirmed, consult with city forester on plantings to be placed in the wetland and comply with all staff recommendations, the final site plan is to come before the planning commission once more to be approved prior to issuance of building permit. Seconded by Mr. Gilmer the motion carried unanimously. 0 3 14 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 b) CONTINUATION OF CONSIDERATION OF VARIANCE REQUESTED BY • JAY FREEDLAND HUTCHINSON IRON AND METAL, FOR REDUCTION OF LOT DEPTH IN I -2 DISTRICT Chairman Gruett reopened the hearing at 7:08 p.m. with the reading of publication #4633 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a variance to reduce lot depth from 600' to the "mean" average located in the i -2 district on Arch Street requested by Jay Freedland, Hutchinson Iron and Metal. City Attorney G. Barry Anderson stated the hardship was not from the proposed use but the ordinance itself. Building Official Jim Harka stated none of the I -2 lots presently in the city meet the 600' requirements. City Atty. Anderson stated the ordinance gives the owner restrictive use and in this case unusable. Mr. Marka state the intent of the ordinance was for newly developed industrial lots. Mr. Anderson commented on other alternatives the developer could use such as condominium agreement or lease agreement. Atty. Jim Digiovoni stated many ordinances contain strict • requirements and 600' is common in platting new lots. There was discussion of nonconforming lots created by the ordinance. Mr. Gilmer moved to close the hearing, seconded by Mr. Craig the hearing closed at 7:26 p.m. Mr. Gilmer made a motion to recommend approval of the variance to reduce lot depth from 600' to the "mean" average and the lot split. Seconded by Mr. Craig the motion carried unanimously. NOTE: The hardship being the irregular lot shape limited by physical barriers (ex. railroad tracks, roadway, wetlands). "The intent of the revision to the Hutchinson Zoning Ordinance in February, 1992, was to be for new plats and not to limit developability of existing parcels or limit potential lot splits. A consensus was reached that the 600' lot depth would be investigated and very likely amended to a dimension more realistic with Hutchinson's existing parcels zoned I -2." Also noted that the acreage density exceeds '-5 acres and the development could proceed via condominium agreement or a leasing agreement. c) CONTINUATION OF CONSIDERATION OF VARIANCE AND LOT SPLIT • REQUESTED BY JOHN MILLER LOCATED ON SHADY RIDGE ROAD 0 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 Chairman Gruett reopened the hearing at 7:27 p.m. with the reading of publication #4598 as published in the Hutchinson Leader on Thursday, December 9, 1993. The request is for the purpose of considering a variance to reduce front yard setback from 30' to 8' and side yard setback from 120' to 80' located on Shady Ridge Road and also a lot split on the property. Building Official Marka stated Mr. Miller has provided all staff requirements. Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 7:28 p.m. Mr. Craig made a motion to recommend approval of the variance subject to the following staff recommendations: 1) a hook up fee may be required depending upon the original assessment fee, confirm with City Engineer Rodeberg. 20 The basement floor must be at elevation of 1046.5' or higher and recertified prior to occupancy. 3) Record easement prior to request for building permit. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LARRY GAUGER TO REPLACE EXISTING DETACHED GARAGE WITH 24' X 30' ATTACHED GARAGE LOCATED AT 247 5TH AVE NW • Chairman Gruett opened the hearing at 7:29 p.m. with the reading of publication #4647 as published in the Hutchinson Leader on Thursday, April 7, 1994. The request is for the purpose of considering a conditional use permit to replace an existing detached garage with a 24' x 30' attached garage located at 247 -5th Ave NW. Building Official Jim Marka commented on Section 8.05 in the Zoning Ordinance regarding replacement of existing garages. He stated typically replacement would be detached garages this is an attached garage 3' from the property line. Staff recommends approval of the request. Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 7:31 p.m. Mr. Matejka made a motion to recommend approval of the request with staff recommendation of a 3' setback. Seconded by Mr. Gilmer the motion carried unanimously. 4. OLD BUSINESS a) REVIEW OF COMPREHENSIVE PLAN SCHEDULE AND UPDATE Building Official Marka presented the plan schedule. Discussion followed on the approach to have groups in the community review and comment. 5 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 5. NEW BUSINESS (a) CONSIDERATION OF HUNTERS RIDGE FINAL PLAT City Engineer John Rodeberg stated this is the first phase of the Hunters Ridge plat across from the West Elementary School. Mr. Craig made a motion to approve the final plat with staff recommendations regarding street names, parkland contribution and subdivision agreement, seconded by Ms. Brandt the motion carried unanimously. (b) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT ON DALE STREET FOR CONSTRUCTION OF FOUR PLEX REQUESTED BY KEVIN COMPTON Building Official Jim Marka stated the staff recommends approval of a 6 month extension. Ms. Brandt made a motion to recommend approval of the 6 month extension, seconded by Mr. Craig the motion carried unanimously. (c) CONSIDERATION OF PETITION BY GREG MARTIN TO BEGIN • ANNEXATION PROCEDURE OF 1.6 ACRES LOCATED ON NORTH HIGH DRIVE IN HUTCHINSON TWP. Mr. Marka explained the problem of septic failure on the property and stated the owner would like to hook up to city service before the annexation is complete. He commented on the approximate cost of hooking up to services and the fact he has met with Mr. and Mrs. Martin. Mr. Craig made a motion to recommend approval of the annexation and permit the owner to hook up to services prior to annexation. Seconded by Ms. Brandt the motion carried unanimously. (d) DISCUSSION OF CONDITIONAL USE PERMIT REQUEST BY TOM LUDOWESE FOR ADDITION TO ACME CARWASH LOCATED AT 690 SOUTH GRADE RD. Jim Marka commented on the several requests by Mr. Ludowese and stated the last request was the least desired by staff with a 0' setback. Mr. Tom Ludowese, Acme Carwash, stated he would like to resubmit a conditional use permit with the automatic bay on the west with exit to the east. He stated there would be a controlled intersection in the parking lot. It was the consensus of the planning commission to place the public hearing on the May agenda. N 0 u 0 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 (e) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR ADDITION TO ACME CARWASH AS GRANTED 10/26/93. Mr. Craig made a motion to approve the 6 month extension with the following staff recommendations. Install flammable wastetrap, sludge and grit container, provide curb on east side and extend hard surface on exit driving area north side of lot line. Seconded by Mr. Matejka the motion carried unanimously. (f) COMMUNICATION FROM STAFF 1) Update of N.W. Annexation in Acoma Twp Mr. Jim Marka commented on meetings he has had with the townships regarding orderly annexation and urban boundary. He stated he will proceed in drafting a letter to Acoma residents affected by the proposed annexation. 2) Discussion of sign submitted by Dean Limoges, Morningside Estates Mr. Dean Limoges commented on the scaling down of his sign from 12' to 8'. Discussion followed as to location of the sign. It was the consensus of the planning commission to construct the sign. Mr. Craig moved to approve, seconded by Mr. Wood the motion carried unanimously. 3) Discussion of placing street sign at HTI entrance Building Official Jim Marka commented on the confusion of residents and visitors to find the street, West Highland Park Drive (entrance to HTI). He asked if the planning commission would be in favor of requesting a street sign to mark the street /entrance. Mr. Gilmer made seconded by Ms. Craig abstained 6. A"JGURNMENT a motion to approve the request, Brandt the motion carried. Mr. from voting. The meeting adjourned at 8:30 p.m. `1 0 April 20, 1994 Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson. Minnesota 55350 Crary Plotz, City Administrator City of Hutchinson 1 I1 Hassan Street Hutchinson Minnesota 55350 �DrrAK.19% w.. The 52nd Annual Hutchinson Jaycee Water Carnival will be held on June 16-19, 1994. It is that time of the year again to prepare for the annual community celebration In that regard, we would request that pemvts be issued for the 1994 Water Carnival as follows: 1. Close Street and Issue Parade Pemvt for Kiddie Day Parade on Saturday, June 18th, from 11:00 a.m to 1:30 p.m The same route will be used this year, starting at the south side of Park Towns and continuing around South Park in a clockwise direction on Glen Street, Fourth Avenue SW, and Grove Street. 2. Close Street and Issue Parade Permit for Grande Parade on Sunday, June 19th, from 11:00 am to 4:00 p.m Again, the same route will be used this year starting at Lake Street, continue down Second Avenue to Franklin Street, then south on Franklin Street to Linden Avenue. 3. Issue Permit for the Carnival Mdway Show June 15th -19th at West River Park. "II~e Park and Roe Board has been asked to approve this location again for this year. An alternative site can be set for Jaycee Park (formerly Optimist Paris) parking lot if we have a wed season again this year, or another sight agreeable with the Park and Rec Board 4. Issue Permit to Sell Food during the Jet Ski Competition and Sand Volleyball Tounwnent on Saturday, June 18th, at West River Park and Les Kouba Park Also during the Garide Parade, Water Ski Show and Mud Volleyball Tournament on Sunday, June 19th, at South Park, West River Park, and Les Kouba Park 5. Issue Permit for the Water Carnival Dance on Saturday, June 18th, from 8:00 p.m to 1:00 am at the Civc Arena. 6. Issue Permit for Fireworks Display on Sunday, June 19th, at approximately 10:00 p.m, at Les Kouba Point. We will arrange to have the Fire Department stand by if any assistance is receded. Moil -Bills. In the past, the City has taken care of the Ivfuii -Bills needed for the weekend I have contacted the Park & Recreation Department regarding this. We appreciate your assistance with this matter. 0 8. A Non - Intoxicating Liquor License for liquor sales on the following days: Thursday evening, June 16th, at West River Park /L.es Kouba Park; Saturday afternoon, June 18th, at West River Pari�es Kouba Park; Saturday evening, June 18th, at the Civic Arena; and Sunday afternoon, June 19th, at West River Park/I.es Kouba Park. We would also like to sell set -ups at the Civic Arena and have attendees bring their own bottles. The Jaycees would appreciate waiver of any license fees The Jaycees, as a non -profit organization, would appreciate waiver of pemrit fees and rentals to help defray expenses. We appreciate all the help and assistance we receive from the City. This community celebration could not be run without your help. Please let me know when the Water Carnival items are on the City Council agenda. I will plan to attend along with the Vice Commodore, Corey Steams. If you should have any questions or need additional information, please feel free to contact me. Sincerely, Brent D. Schmeling, Commodore Hutchinson Jaycee Water Carnival 700 South Grade Road Hutchinson Minnesota 55350 612/587 -8800 u. cc: Mayor Marlin Torgerson Hirtchirison City Council n U 0 April 21, 1994 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: HCVN RENTAL AND LOAN AGREEMENT At the previous meeting the City Council agreed by consensus to authorize a loan to HCVN for their construction project in City Center. The directive was for • Barry Anderson and myself to work out the details of the loan repayment. The following details are proposed for City Council review and approval. 1. $20,000 loan is authorized from water and sewer fund. 2. Interest rate would be 6.55% ( based upon current investment rate city could earn on 60 month term.). A monthly payment beginning June 1994 will be $391.79 3. Monthly repayment of P & I as rent agreement to payback water sewer fund. 4. HCVN as part of rental agreement will pay $50 per month for heating, electric and air conditioning cost. (This area is not separately metered and the $50 was offered by Barry as a starting point.) Total payment will be $441.79. 5. HCVN will be responsible for daily maintenance of rental area. Barry will be preparing a formal lease agreement for the City Council. 0 City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - T ri`Itcri rn, re, cle,I rape, - • DAVID B. ARNOLD GARY D.MCDOWELL STEVEN A.ANDERSON O. BARRY ANDERSON' STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRUEGGEMAXN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UILEY RICHARD O. MCGEE CATHRYN D. REHER GINA M.BRANDT April 22, 1994 ABNOLD & McDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 387 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON Re: HCVN Lease Matter Our File No. 3188 -87001 OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LAT MER 5881 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800- 343 -4545 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389 -5506 . Dear Gary: I am enclosing herewith a proposed Resolution to be acted upon by the Hutchinson City Council at its next regularly scheduled City Council meeting. This Resolution addresses issues relating to the proposed lease of space at the City Center to Hutchinson Community Video Network, Inc. I have not attached the standard form commercial lease, but I will provide that at the time this transaction is completed. I discussed with Ken the fact that it would be reasonable for the channel to also make a commitment to cover utility expenses associated with the space and in that regard, we have preliminary set $50 per month as the cost to be included in the lease agreement. There would be no other charges, fees or rental expense included in the lease agreement. Insofar as the loan was concerned, Ken was going to come up with an interest rate based on the City's investment experience. I believe that information will be included in the Council packet. Ken and I discussed the fact that payments would likely begin on or about June 1, although occupancy might occur two to three weeks earlier than that depending upon the completion of improvements. Although we did not discuss it specifically, and the Council probably has the authority anyway, I did include a provision in the . Resolution granting the City the right to withhold funds from the franchise tax that would otherwise be paid to HCVN in the event of a default. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION 'CERTIFIED AS A REAL PROPERTY" LAP' SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION � � n Mr. Gary D. Plotz April 22, 1994 Page 2 If you have any additional questions or comments that I have not adequately addressed, please advise. Thank you. GBA:lm Enclosure 0 0 Li • RESOLUTION NO. THIS RESOLUTION is made and executed this _ day of April, 1994, by the Hutchinson City Council. RECITALS: 1. Hutchinson Community Video Network, Inc. is a non profit corporation engaged in the community service of providing public access television for the residents of the City of Hutchinson; 2. HCVN is funded, in part, by a franchise tax paid by the cable franchise holder and administered by the City of Hutchinson; 3. HCVN provides services to the City of Hutchinson including, but not limited to technical advice on cable franchise issues, video taping and replay of City Council meetings and other City functions, and serves on various cable television related boards and commissions; 4. It would be beneficial, useful and productive to locate HCVN near and adjacent to other City functions and on that basis, the City has extended an offer to HCVN to use certain space now available at the Hutchinson City Center; 5. HCVN has agreed to make certain improvements to the space at its own expense; 6. The City has agreed to finance said leasehold improvements in the interests of promoting a closer relationship between HCVN and the City and in recognition of the retention of the leasehold improvements by the City following the termination of the relationship between HCVN and the City as is more fully set out below; 7. The parties now desire to reduce their agreement to writing. Y- A, IT IS HEREBY RESOLVED: 1. The City of Hutchinson shall make available certain space located in the City Center as is more fully described on attached Exhibit "A" for the sole use of, and occupancy by HCVN. 2. Consent of the City to the use of the above described space by HCVN is expressly conditioned upon the following: a. Execution by HCVN of a promissory note substantially in the form attached hereto and marked as Exhibit "B "; b. Execution by HCVN of a standard form commercial lease for the property in question, substantially in the form attached hereto and marked as Exhibit "C". C. Compliance with all terms and conditions of this • Resolution and all exhibits attached hereto. d. The City shall have the authority to withdraw such funds as would otherwise be payable to HCVN from the franchise tax paid by the cable franchise holder, in the event of a default by HCVN. Dated this _ day of April, 1994. CITY OF HUTCHINSON By: Marlin Torgerson Mayor Attest: Gary D. Plotz City Administrator • CONSENT Hutchinson Community Video Network, Inc. (HCVN) hereby consents to the terms of Resolution No. _ and agrees to comply with the same. r 1 HUTCHINSON COMMUNITY VIDEO NETWORK, INC. By: 0 April 21, 1994 r MEMO T0: MAYOR & CITY COUNCIL FROM: GARY PLOTZ CItY ADMINISTRATOR & KEN MERRILL FINANCE DIRECTOR SUBJECT: PUBLIC OFFICIALS INSURANCE COVERAGE The League of Minnesota Trust (LMCIT) is offering additional coverage for public officials. The LMCIT has outlined the coverage for all insured and Dennis Potter of Insurance Planners has received a quote of $2,252 for this additional coverage. Mark Flaten, American Risk Service, our risk manager, has outlined the coverage in an attached memo (City of Hutchinson, Open Meeting . . .). The cost would be reimbursed to a maxim of $20,000 and would be an 80/20 coverage with either the city or public official paying the difference. There is coverage under our current policy for legal fees if the council or public board is named in a liability suit and is accused of an open meeting violation. Coverage would be for all boards and commissions of the City for this limited coverage. We have discussed this coverage with Police Chief Steve Madson regarding the police commission, he will be discussing the issue with commission members to confirm his belief that their is not a need for the commission. Reviewing the cost of the premium would appear to NOT offer a great deal of additional coverage. We will have Dennis Potter available to answer questions regarding this policy. n LJ City Center 1l1 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 Printed on receded paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 CITY OF HUTCHINSON OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE Issue: The Minnesota Open Meeting Law M.S. §471.705 (1990) provides a $100 civil penalty, a loss of office for repeated violations in certain circumstances and possible award of the plaintiff's attorney fees in some cases. Risk Treatment: Without Insurance The &ity has discretionary authority to reimburse costs to City officials under M.S. §465.76 (1990), however it has no mandatory obligation under M.S. §466.07 (1990) as it relates to Open Meeting Law allegations. The issue with this approach is that each circumstance could lend itself to a potentially different conclusion. In one case, the City may grant reimbursement and in another it may decline to reimburse the official or a citizen may bring suit to the City for payment of these costs. With Insurance The LMCIT developed an insurance coverage that will reimburse the City official for 80% of the defense costs, to a maximum of $20,000. The City official or City remains responsible for paying the following: • Remaining 20% contribution • Defense costs in excess of $20,000 • The $100 fine for violating the Open Meeting Law • Any award that orders the City official to pay for opposing party's attorney fees. Costs of the LMCIT Coveraee: The cost for this coverage is based upon the City's Liability premium. Initially, the premium is set at 1.5° b of the pre - deductible premium, subject to a $500 minimum premium. The estimated annual cost for the City of Hutchinson is $2,252. CADAT.4ViU CM041894ADOC League of Minnesota Cities 34901rangt m Avow Nath Sk PauL MN 55126.8614 (612) 490-M OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE NOW AVAILABLE Beginning November 15, 1993, LMCIT is offering an new Open Meeting Law Defense Cost coverage. This optional coverage will reimburse city officials for 80% of the legal costs they incur to defend themselves if they are charged with violating the Open Meeting Law. This new coverage is quite different from anything LMCIT (or anyone else, for that matter) has done before. We'll try in this memo to answer some of the questions that will come up when city officials are deciding whether this coverage makes sense for their city. 1. Why is this needed? Doesn't our existing LMCIT coverage apply to Open Meeting Law claims? • Generally, no. The LMCIT liability coverage is designed to respond to claims for damages. The Open Meeting Law doesn't provide for damages; it provides for a $100 civil penalty, and loss of office for repeated violations. Fines and penalties are not "damages" for purposes of the liability coverage, and LMCIT therefor generally has no duty to get involved in defending Open Meeting Law charges under the liability coverage. The only exception is if the open Meeting Law charge is combined with a claim for damages that is covered under the liability coverage. For instance, if an employee brought a wrongful termination action against a city, the employee might also charge that there was a violation of the open meeting law as part of the termination process. In that case, LMCIT would be responsible for defending the entire litigation - the Open Meeting Law charge as well as the covered liability claim. But an Open Meeting Law charge by itself is not a claim for damages, and the LMCIT liability coverage would therefor not respond. II. Why provide coverage for this type of exposure? One of LMCIT's member cities asked the Trust Board to consider adding this kind of coverage. The request grew out of an instance in which several council members incurred very substantial legal bills defending themselves against an Open Meeting Law charge. ?b The Trust Board recognized that defending an Open Meeting Law • charge can cost a city official a lot of money. Defense costs are often the most significant financial consequence of these lawsuits. While the statutory penalty of $100 might be relatively minor, defense costs can easily run to thousands of dollars. And those costs are incurred whether or not the official is ultimately found to have violated the law. The Board acted on the assumption that most violations of the law are inadvertent and may even be on the advice of an attorney. The Board also realized that is easy for somebody to make an accusation of an Open Meeting Law violation, forcing the City council member to expend significant sums to defend him /herself regardless of the merits of the allegation. The threat of that kind of litigation could even be used as a tactic to intimidate or coerce council members in some cases. Finally, the Board assumed that most city councilmembers act in good faith and try to comply with the law. But sometimes even these best faith efforts are not enough to head off an Open Meeting Law lawsuit. III. Why should public funds be used to pay for defending someone who actually did violate the Open Meeting Law? Doesn't this encourage city officials to violate the law? ` The legislature has spelled out in the statute what the . Penalties are for violating the law: a $100 civil penalty, potential loss of office for repeated violations, and possibly an award of the plaintiff's attorneys' fees in some cases. If the individual has to pay for his /her own defense costs as well, the real monetary penalty to the individual can be many times greater that the penalty the legislature provided in the statute. And how much those defense costs are may not have much relation to how serious the violation was. If more serious penalties are needed to deter violations, the legislature can change the statutes. That makes more sense than relying on defense costs as a kind of hidden penalty that might be wildly disproportionate to the seriousness of the offense, and are incurred even if there was no offense. IV. Why is the coverage optional? why not simply provide it as a standard part of the liability coverage? The LMCIT Board recognized that there are good public policy reasons why a city might want to protect its officials from this risk. But the Board also recognized that some cities might consider it inappropriate to use their taxpayers' funds for this purpose. Making the coverage optional lets each city make this call for itself. 0 V. What does the Open Meeting Law Defense Cost Reimbursement • Agreement cover7 Under the new coverage, LMCIT will reimburse a city official for 802 of the defense cost incurred by the city official in defending an Open Meeting Law lawsuit. The Open Meeting Law Defense Costs Reimbursement Agreement is limited to $20,000. This is the most LMCIT will reimburse any one city official for defense costs for Open Meeting Law lawsuits commenced during the term of the coverage agreement, regardless of the number of lawsuits or the number of actual alleged violations. VI. What doesn't it cover? There are two major kinds of costs for which this coverage would not reimburse the official: 1. Any fine or penalty for violating the open meeting law. 2. Any award that orders the city official to pay for the opposing party's attorney's fees. As an example, suppose a newspaper is successful in bringing an . open meeting claim against a city official. The judge awards a $100 penalty against the official and also orders the official to pay the attorneys fees incurred by the newspaper in bringing the claim. The new coverage would not pay or reimburse either the penalty or the attorneys fees awarded. Note too that this coverage the city might incur if the Open Meeting Law litigation a suit that also included a discussed earlier. VII. How will the Open Meer Agreement work? would not cover any legal costs that city itself were a party to the - unless, of course, it was part of covered claim for damages, as Ling Law Defense Cost Reimbursement The coverage is significantly different from other coverage provided under the standard LMCIT coverage agreements in a couple important ways. First, unlike LMCIT's liability coverages, the Open Meeting Law coverage does not pay the legal costs on the city official's behalf. Instead, LMCIT will reimburse the city official for 802 of those costs, to a maximum of $20,000, after the official has incurred those costs. The city official remains responsible for paying his /her defense attorney, including the 20% which LMCIT will not reimburse as well as any costs over $20,000. 3b Second, the city official retains control of the litigation The city official makes the decisions on what attorney to hire, • whether to settle or compromise the litigation, whether to appeal, etc. The coverage is triggered when a lawsuit is served on the city official alleging a violation of the Minnesota Open Meeting Law. If a lawsuit is filed during that term of the agreement, the city official has to do two things: 1. Notify LMCIT of the litigation; and 2. Select defense counsel. VIII. Now much will this coverage cost? Initially, we'll be basing the charge for this coverage on the premium for the city's liability coverage. Generally, the cost will be 1.5% of the liability premium, subject to a $500 minimum premium. In an individual city's case the premium could be somewhat higher if in the underwriter's judgement there is a substantially higher risk of Open Meeting Law claims in that city, though we expect this to be rare. °IZ. NOW do we go about adding this coverage for our city? Have your agent contact LMCIT's underwriters at Berkley Risk Services and ask for an application form. The underwriters will be able to return quote fairly quickly. Z. Whom can we call if we have other questions? If you need additional information or have other questions, you can contact Tom Grundhoefer or Pete Tritz at the League office, or call the underwriter at Berkley Risk Services who handles your city. We'd also appreciate any comments or suggestions city officials have for ways this coverage could be improved, or for any other changes cities would like LMCIT to consider. 11/17/93 0 M E M O R A N D U M April 20, 1994 TO: Mayor & City Council FROM: Neil Wegner, Liquor Store Manager SUBJECT: Recommendation to Purchase Keg Cooler for Liquor Hutch I. INITIATIVE A. Full Service Store B. Serve Needs of Community • C. Maximize Profitability of Square Footage II. PURCHASES REQUIRED A. 8' X 16' X 8' High (Proposal: Chuck's Refrig. B. Beer Pumps (25 @ $25.00 Ea C. Super Coolers (4 @ $125.00 D. Electrical Work (Proposal: E. Miscellaneous Equipment III. 1994 SALES FORECAST 4/1/94) $6,100.00 625.00 Ea.) 500.00 A &B Electric) 460.00 115.00 $7,800.00 A. 50 Kegs @ $6.00 Profit Ea. (1/4 Barrel) 300.00 300 Kegs @ $9.00 Profit Ea. (1/2 Barrel) 2,700.00 B. Super Cooler Rentals - 50 @ $10.00 Ea. 500.00 C. Incidental Sales ($2.75 Profit per Keg) 962.50 $4,462.50 IV. 1995 SALES FORECAST A. 75 Kea., @ $6.00 Profit Ea. (1/4 Barrel) $ 450.00 450 Kegs @ $9.00 Profit Ea. (1/2 Barrel) 4,050.00 B. Super Cooler Rentals - 75 @ $10.00 Ea. 750.00 C. Incidental Sales ($2.75 Profit per Keg) 1,443.75 $6,693.75 City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 Fax(612)587 -6427 - Printed me receded papei- V. LIABILITY CONCERNS • A. Keg Registration 1. MN Driver's License or MN I.D. Required 2. Liability Disclaimer Signed (See Attached Form) B. Lifting 1. Use of Carts 2. No Double Stacking 3. Customer's Responsibility to Load RECOMMENDATION: Purchase keg cooler and other items as listed in No. II, for a total of $7,800.00. (Keg cooler bid per Chuck's Refrigeration proposal dated 4/1/94 and A &B Electric proposal dated 3/31/94) /mjs CJ CHUCK'S REFRIGERATION 1030 South Grade Road Wool Hutchinson, Minnesota 55350 (612) 587 -2573 4 -01 -94 TO: LIQUOR HUTCH 245 WASHINGTON AVE E HUTCHINSON MN 55350 INSTALL ONE 8' X 16' X 8' KEG COOLER USING EXISTING COOLER WALL AS A COMMON WALL. PRICE INCLUDES A TONKA COOLER WITH THERMOMETER, LIGHT SWITCH WITH INDICATOR, TWO INTERIOR LIGHTS, 3 1/2" EMB. GALV INTERIOR AND EXTERIOR WALLS, ONE LEFT HAND DOOR, NO FLOOR COPLAND AIR COOLED CONDENSOR UNIT BE TO SET ON TOP OF BOX ITEMS INCLUDED 1- LARKIN EVAPORATOR FAN ASSY,TXV, LINE FILTER, LIQUID STOP, AND TSTAT. LABOR, SHIPPING AND TAX. 1 YEAR WARRENTY ON PARTS AND LABOR 5 YEAR WARRENTY ON COMPRESSOR PRICE DOES NOT INCLUDE ANY ELECTRICAL WORK REQUIRED TOTAL PRICE OF BID: THANK Y '00� CHUCK P RESS CHUCK'S REFRIGERATION $6100.00 ?- 41 • F • t AXU ELECTUIC Inc. MARCH 31 1994 HUTCHINSON LIQUOR STORE ATTENTION: NEIL 245 WASHINGTON AVENUE EAST HUTCHINSON, MN 55350 SUBJECT: NEW WALK IN COOLER P.O. Box 196 755 Hwy. 7 west Hutchinson, MN 55350 6125876590 A & B ELECTRIC, INC., IS PLEASED TO GIVE YOU A QUO'T'ATION ON THE ABOVE SUBJECT. WE WILL PROVIDE THE WIRING OF THE NEW WALK IN COOLER AS PER CHUCK REFRIGERATION SPECS. TOTAL LABOR, MATERIAL AND INSPECTION $460.00 IF YOU HAVE ANY QUESTIONS, PLEASE GIVE ME A CALL. BUTCH BAHR aI 4✓�R "r' Y pppp @eoll CHUCK'S REFRIGERATION 1030 South Grade Road Hutchinson, Minnesota 55350 (612) 587 -2573 3 -15 -94 TO: LIQUOR HUTCH 245 WASHINGTON AVE E HUTCHINSON MN 55350 612 -587 -2762 INSTALL ONE WALK IN COOLER 8' X 16' X 8' TALL �W /O FLOOR EMB. GALV INTERIOR; GALV EXTERIOR TO K0 � (.¢�tcx f NSF 3 1/2" UL FOAM INSULATION 1- STANDARD DOOR 1- LIGHT, I THERMOMETER, 1 SWITCH 1- 1 1/2 TON CONDENSOR 1- EVAPORATOR COIL 5 YEAR WARRENTY ON COMPRESSOR 1 YEAR WARRENTY ON OTHERS NOTE: SYSTEM WILL USE R -22 REFRIGERANT WHICH AT TODAYS LAWS WILL BE AVAILABLE UNTIL THE YEAR 2030 PRICE OF BID ALSO INCLUDES LABOR, TAX, AND SHIPPING PRICES ARE SUBJECT TO CHANGE AFTER 60 DAYS TOTAL BID: $ 7175.00 SEVEN THOUSAND SEVEN HUNDREDSEVENTY FIVE DOLLARS THANK YOUR FOR CONSIDERING CHUCK'S REFRIGERATION 0 CHUCK P RESS Name Address KEG REGISTRATION FORM VALID I.D. MUST BE SHOWN Date Sold Phone Driver's License or I.D. Number Brand Size Keg Number Deposit Number $ Date Returned 8 Gal. Tapper Number Cash Keg Check_ Tapper 16 Gal. I hereby state that I will not allow an obviously intoxicated person or any minors to consume beer from this keg. Signature pr ! vposa FROM - Plumbing Plumbing & Heating Doctor Fire Protection atin Division of g Industrial Piping Allied Mechanical Systems Weet 1110 Hwy. 7 East 587 -0991 2452 Metal (612) .: Hutchinson, MN 55350 w r:r .ry r -r avow PROPOSAL SUBMITTED TO PHONE DATE Liquor Hutch 587 -2762 3 -28 -94 STREET JOB NAME 245 Washington Ave E CITY.STATE AND ZIP CODE JOB LOCATION Hutchinson, NN 55350 ATTN: DATE OF PLANS JOB PHONE WE HEREBY SUBMIT SPF`F ATIONS AND FCTIMATFC FnR Keg Cooler with "Rewrote Rooftop Condensing Unit" 1.��1 �� T �x P� t I 8' -0" x 16' -0" x 8' -0" high walk -in cooler Set and assembled on existing concrete floor (1) 48" wide door (2) interior vapor proof lights (1) pilot light switch (1) 211 dial thermometer UL & NSF approved One year parts and labor warranty (1) includes all refrigeration and control components - Larkin AC14-84 Unit Cooler - Thermostatic Expansion Valve - Solenoid Valve w /Coil - Drier and Sight Glass - 230 30 Outdoor Condensing Unit - All necessary piping and insulation - Temperature Control Thermostat Additional four (4) year compressor warranty available. Does NOT include electrical. U1,, Praposr — hereby to furnish (Material and Labor) for the sum of — Seven Thousand Four Hundred Dollars and 00/100 —dollars ($ 7, 400.00 ) PAYMENT TO BE MADE AS FOLLOWS UPON COMPANY CREDIT APPLICATION APPROVAL: Net due 30 days from invoice date A service charge based on the prevailing Interest rate will be charged on accounts 30 days past due. Legal and coIIWlon mat: 1 must pay any reasonable attorney's fees, legal expenses, and cast of collections that result from my default. All material is guaranteed to be ea specified. All work to be completed In 5,,f000k an1 k manner according to standard ptactloes. Any altemtlons or deviation from above speciliratlons Involving extra costs will be executed only upon wrinen orders, and will become an a Vch over and abov, timme. All agreements contingent upon strikes, acci. dents or delays beyond our control. NOTE: This proposal is good lot .--3n days. Authorized Signature eeeptaKre Qf r'rlopvsa! S- ad and Dated- — Tae above Armes, specilrcalions and conditions are satislac _ no are hereby accepted You are authorized to do the work as soaclhed. Payment will be made Owner s ou" ned above Date of Acceptance — company Equal Opportunity Employer • DAVID B. ARNOLD GARY D. YCDOWELL STEVEN A. ANDERSON G.BARRY ANDERSON' STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRCEOOEtkNN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. WOES CATHRYN D. REBER GINA M.BRANDT April 11, 1994 A13NOLD & MCDOWELL ATTORNEYS AT LAw 101 Peas PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 PAX (612) 587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON Re: Skydiving Agreement Our File No. 3188 -94255 0 Dear Gary: Or CODNSEL WILLIAM W. CAMERON RAYMOND C. 1.1 TIED 5861 CEDAR LASE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800- 343 -4545 FAX(612)545-J793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 ru APR JO& 7 \� I am enclosing and sending to you the following documents. The proposed skydiving operator has not had a chance to review these documents and there will likely be changes, but I need to get this information to you so that the Council will have a chance to review it. 1. Correspondence from the Lenard Group, Inc.; 2. The proposed agreement between the City of Hutchinson and Sky Is The Limit; 3. The proposed release of all claims which will be signed by all participants. As we have previously discussed, there is no insurance coverage available to the operator and there will be no insurance coverage available to the City should the City be named as a defendant in any litigation. At present, governmental immunity is still available to the City over and above $200,000 in damages. There is no guarantee the governmental immunity will remain available to the City in the future. As a matter of law, the City should have limited responsibility, if any rf'spcnslbility at all, because the City is in fact no providing any supervision, direction or management of the skydiving operation, but is simply making available a drop zone. Having said all of that, obviously the risk involved in this kind of operation is substantial and it is unlikely that there will be insurance coverage available either now or in the future to protect the '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 e Mr. Gary D. Plotz . April 11, 1994 Page 2 interests of the City. A simply make this clear so that if the City elects to enter into this agreement with Sky Is The Limit, it does so fully cognizant of the risks. If you have any questions or problems in connection with the foregoing, please advise. Thank you. Best regards. Very truly s, APNOLD & O LL G. Barry Anderson GBA:lm Enclosures 0 • AGREEMENT THIS AIRPORT AGREEMENT made and entered into this _ day of April, 1994, by and between the City of Hutchinson, a Minnesota municipal corporation, hereinafter referred to as the "City" and Sky Is the Limit, a Minnesota corporation, hereinafter referred to as "Sky's the Limit." RECITALS 1. The City owns and operates a facility known as the Hutchinson Municipal Airport, hereinafter referred to as the "Facility," located within the city limits of the City of Hutchinson, County of McLeod, State of Minnesota; 2. Sky's the Limit operates a parachute or skydiving operation and wishes to operate the same from the Hutchinson Municipal Airport; 3. The activity proposed by Sky's the Limit, i.e., skydiving or parachuting, is an authorized activity at airports under rules and regulations issued by the Federal Aviation Administration (FAA); 4. The City is a recipient of FAA funding and support for its airport operations; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows, specifically: 1. The City agrees to make available to Sky's the Limit a certain portion of the Facility as a "drop zone" for those participating in Sky's the Limit parachuting and skydiving activities. The space available for the drop zone is indicated on 0s the attached drawing, marked as Exhibit "A" and incorporated as if . fully set out herein. 2. The City hereby grants to Sky's the Limit the general use of airport public facilities and improvements which are now or may hereafter be constructed and are appurtenant to said Facility. Sky's the Limit shall have the right to ingress and egress from the premises over and across the public roadways serving the Facility. 3. Sky's the Limit's right to use said Facility shall be subject to and in compliance with the laws of the United States of America, the State of Minnesota, ordinances of the City of Hutchinson, and rules and regulations promulgated by any of these governmental entities specifically including the Federal Aviation Administration (FAA) whenever and wherever said rules and regulations shall be adopted. 0 4. This Agreement shall run for a period of one (1) year commencing on April 15, 1994 and ending on the 15th day of April, 1995. 5. To the extent that Sky's the Limit requires hanger space, it shall comply with all of the usual and customary regulations of the City of Hutchinson, whenever and wherever adopted, and shall rent said hanger space from the City of Hutchinson in accordance with said regulations and on such terms as the parties may agree. Nothing in this Agreement shall be construed to require the City to lease hanger space to Sky's the Limit or any successor entity. 6. Sky's the Limit shall not construct, provide or install buildings or structures on any premises owned by the City without receiving the prior written approval of the City. -2- • 7. This Agreement is declared to be personal to the parties and Sky's the Limit shall not sublet, assign or transfer any of its interest under this Agreement or permit any other person, firm or corporation to occupy or use the premises involved in this Agreement without the written consent of the City. 8. Subject to City codes and regulations, and if otherwise permitted, under the laws applicable to 'the Facility, Sky's the Limit shall have the right to install on the premises advertising signs representing its business provided, however, the City has approved the design and placement of said advertising signs. 9. Sky's the Limit will secure and furnish to the City evidence of insurance coverage as follows: a. Proof of a legal defense policy providing $25,000 in coverage for the purpose of responding to the threat or actual commencement of, litigation by third parties claiming injuries from whatever cause associated with the operation of a parachute or skydiving business. The City shall be named as an additional insured on said policy and shall receive thirty (30) days prior written notice of any cancellation of the policy. b. Such insurance as is available through the United States Parachuting Association Group Member Program. J C. The jump school shall maintain a premises liability policy in the minimum amount of $500,000 issued by a carrier authorized to do business in the State of Minnesota naming the City of Hutchinson has an -3- -4- additional insured. 10. The following rules and regulations shall apply to all parachuting and skydiving activities: a. Sky's the Limit will maintain its membership as a United States Parachuting Association Group Member and require all instructors of the jump school to be appropriately licensed by the United States Parachuting Association (USPA). b. Anyone connected with the jump school or jumping at the airport shall be eighteen (18) years of age or older and execute the sports waiver (release) and medical statement forms which shall be retained for three (3) years. The form is attached and marked as Exhibit "B ". C. Any jumper making a solo (other than static -line) known as a free fall jump must be a member of the United States Parachuting Association (USPA) which provides $50,000 of third party liability insurance to each member for the protection or others and their property. d. Parachute jumps shall only be made in compliance with State of Minnesota and Federal Aviation Administration rules, Part 105 governing same. These regulations specify, among other things, meteorological conditions and visibility, jumping over, above, and onto the airport, and procedures for traffic avoidance. -4- • e. Except in the case of an emergency, no parachute jumps shall be made so as to land on private property without first obtaining written authorization from that land owner or person in charge of said property. f. The airport manager has the authority to terminate or postpone parachute jumping activities when such : jumping would create conflict with other aviation activities; i.e., during model airplane time at the annual airport dawn patrol; however, this provision shall not be used to stop normal business activities of the jump school on a day -to -day basis. 11. Sky's the Limit agrees that in the operations to be conducted pursuant to the provisions of this Agreement and otherwise in the use of the Facility, Sky's the Limit will not discriminate or permit discrimination against any person or class of persons by reasons of race, color, creed or national origin in any manner prohibited by the Federal Aviation Regulations or similar anti - discrimination law applicable to this Agreement. 12. The City may cancel this Agreement upon the breach of any of the terms by giving Sky's the Limit thirty (30) days advance written notice specifying the portion of the Agreement that is i breached and said Agreement shall terminate at that time unless Sky's the Limit cures said breach within thirty (30) days after receiving notice. The following shall be deemed sufficient grounds to cancel the Agreement, upon thirty (30) days written notice provided, however, that Sky's the Limit shall have fifteen (15) -5- days to cure the deficiency: • a. The failure or refusal of the Federal Aviation Administration, the Minnesota Department of Transportation, or any other appropriate governmental licensing agency, during the term of this Agreement, to permit Sky's the Limit to operate into or from the Facility; b. Issuance by any court of competent jurisdiction of any injunction which in any way prevents or restricts the use of the Facility; C. The assumption by the United States government or any authorized agency thereof, of the operation, control or use of the Facility. 13. The City, or any of its agents or employees, may enter • upon the premises at any reasonable time for any purpose necessary to, incidental to, or connected with the performance of its obligations hereunder, or in the exercise of its governmental functions, or for fire protection, inspection or security purposes. 14. It is expressly understood and agreed by and between the parties that Sky's the Limit is and shall be deemed to be an independent contractor and operator responsible to all parties for its acts and omissions. The City shall not be responsible or liable for Sky's the Limit's acts or omissions. The City is not a principal, employer or partner of Sky's the Limit. The City exercises no control whatsoever over the operation of Sky's the Limit. Sky's the Limit agrees that the City shall not at any time during the terms hereof be liable, responsible or in any way accountable for any loss, injury, death or damage to person or 0M. • property from any cause or causes whatsoever which at any time may be suffered or sustained by Sky's the Limit, its subsidiaries, associates, related companies, clients, customers or employees on or about the Facility or in any way arising out of or resulting from any activity or operation by Sky's the Limit, its subsidiaries, associates, employees and related companies, while in, on or about the Facility. Sky's the Limit agrees to hold the City free and harmless from any and all liability which may occur, including court costs, investigation expenses and reasonable attorney's fees with said indemnity not limited to the actual commencement of litigation. 0 Dated: CITY OF HUTCHINSON BY; Marlin Torgerson Mayor Attest: Gary D. Plotz City Administration Dated: SKY IS THE LIMIT a -7- By: G , .5 II __ 11 0 I 400 nt scni, m nnae • H C WARNING! SKYDIVING, PARACHUTING, FLYING AND ALL OF ITS RELATED ACTIVITIES ARE DANGEROUS AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY AND PERMANENTLY INJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN SKYDIVING, PARACHUTING, FLYING OR ALL OF ITS RELATED ACTIVITIES. EACH INDIVIDUAL PARTICIPANT, REGARDLESS OF EXPERIENCE, HAS FINAL RESPONSI- BILITY FOR HIS /HER OWN SAFETY. I have read the attached Agreement, Release of Liability and Assumption of Risk, I understand what it says, I intend to be bound by what it says and I know that when I sign it, I give up important legal rights. Dated: Signed: NOTIFY IN CASE OF ACCIDENT, INJURY OR DEATH: NAME: RELATIONSHIP: ADDRESS: HOMETELEPHONE: WORKTELEPHONE: C_) STATEMENT OF MEDICAL FITNESS: '1, the participant, represent and warrant that I have no physical infirmities, except as listed below; am not under treatment for any other physical infirmity or chronic ailment or injury of any nature; and have never been treated for or diagnosed to have any of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorders, kidney related diseases, high or low blood pressure, or any other disability which might in any way affect my ability to participate in skydiving, parachuting, flying or related activities.' • INFIRMITIES (If none, so state): DATED: SIGNED: AGREEMENT RELEASE OF LIABILITY & ASSUMPTION OF RISK • IN CONSIDERATION of being permitted to utilize the facilities and equipment of , their associated entities, to engage in parachute activities, ground instruction, flying and related activities, skydiving, freefall and tandem jumping, hereinafter collectively referred to as 'parachuting activities,' I HEREBY AGREE AS FOLLOWS: 1. It is understood by the parties that 'parachuting activities' are Inherently dangerous and may result in Injury or death. It is further understood by the parties that the unforeseen may happen and that no one can delineate all risks or possibilities of error. Therefore, in this release, I specifically include any injury resulting from any occurrence, whether foreseen or unforeseen, and whether contemplated or not contemplated. C--) 2. PARTIESJNCLUDED: 1 understand that this Agreement, Release of Liability and Assumption of Risk includes the City of any of their officers, members, agents, associated entities, employees, volunteers, pilots, instructors, jumpmasters, any other owners of aircraft, the owners of any land utilized for 'parachuting activities,' adjacent property owners, the United States Parachuting Association, the World Skydiving Association, and their members, and any person or entity involved in any manner in my 'parachuting activities; specifically including but not limited to any solo, experienced, student, tandem and /or experimental jumping, hereinafter collectively referred to in this Agreement, Release of Liability and Assumption of Risk as 'SKYDIVE.' L_) 3. The word 'SKYDIVE' as used anywhere in the body of this Agreement, Release • of Liability and Assumption of Risk is expanded to include all parties mentioned anywhere in the body of this document by name or by category, all vendors or suppliers of materials or equipment for 'parachuting activities,' including but not limited to the manufacturer of the equipment, its employees, directors, officers and shareholders, and all associated entities, shareholders, partners, employees and all other persons in any way associated with any entity mentioned in the body of this document. L J 4. RISKS CONTEMPLATED: This Agreement is made in contemplation of all 'parachuting activties,' including the foreseen and the unforeseen, which shall include but not be limited to parachute jumping, tandem or experimental test parachute jumping, all experienced and /or student jumping, ground instruction, flying and related activities, the exit, skydiving, freefall, time under the canopy, the landing, any rescue operations or rescue attempts by 'SKYDIVE,' whether on or off the designated landing area, or any facilities used by 'SKYDIVE.' U 5. RELEASE FROM LIABILITY: I hereby release and discharge 'SKYDIVE' from any and all liability, claims, demands or causes of action that I, my estate or anyone on my behalf may hereafter have or claim for injuries, death or damages arising out of my participation in 'parachuting activities' even if caused by negligence, in any degree, or other fault of 'SKYDIVE.' U 6. COVENANT NOT TO SUE: I further agree that I WILL NOT SUE OR MAKE CLAIM against 'SKYDIVE' for damages or other losses sustained as a result of my 'parachuting • activities' even if caused by negligence, in any degree, or other fault of 'SKYDIVE.' • 7. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD 'SKYDIVE' HARMLESS from all claims, judgments and costs, including but not limited to their attorney's fees, and to reimburse them for any expenses whatsoever incurred in connection with any action or claim brought as a result of my participation in 'parachuting activities,' including but not limited to actions brought by myself or on behalf of myself or my estate. U 8. ASSUMPTION OF RISK: I understand and acknowledge that 'parachuting activities' are inherently dangerous and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN 'PARACHUTING ACTIVITIES' WHETHER SUCH RISK IS FORESEEN OR UNFORESEEN, CONTEMPLATED OR NOT CONTEMPLATED, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE, IN ANY DEGREE, OR OTHER FAULT OF 'SKYDIVE,' including but not limited to equipment malfunction, inadequate training, any deficiencies in the landing area, bad landings, rescue attempts, or any other cause for my death or any injury I may sustain. L—) 9. PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement, Release of Liability and Assumption of Risk be binding not only on myself, but on anyone or any entity, including but not limited to my estate and my heirs, that or who may be able to or do sue because of my injury or death. It is further my understanding and agreement that this Release is intended to and does in fact release 'SKYDIVE' from any and all claims or obligations, foreseen and unforeseen, contemplated and not contemplated, whatsoever arising in any way from my participation in 'parachuting activities,' even If caused by the negligence, in any degree, or other fault of 'SKYDIVE.' L__J 10. LIMITATION OF WARRANTY: 'SKYDIVE' hereby warrants that the equipment provided by 'SKYDIVE' has been previously used for 'parachuting activities.' This warranty is the only warranty made and is made in lieu of any other warranties, express or implied, including but not limited to warranty of merchantability or fitness for a particular purpose. I have read the above paragraph, acknowledge that I understand it and accept the limitation of warranty. (_) 11. DURATION OF RELEASE: R is my understanding and intention that this Release and Agreement be effective not only for my first jump but for any subsequent jumps or activities in any way associated with 'SKYDIVE.' (_) 12. ENFORCEABILITY: I agree that if any portions of this Agreement, Release of Liability and Assumption of Risk are found to be unenforceable or against public policy, that only that portion shall fall, but I specifically waive any unenforceability or any public policy argument that I may make or that may be made on behalf of my estate or by anyone who threatens to or does sue because of my injury or death. (_ ) 13. 1 hereby agree to waive any and all duty of care, whether by omission or commission, or any other duty which may be owed to me by 'SKYDIVE.' (_, 14. It is my agreement with 'SKYDIVE' and my intention that this document be broadly • construed in favor of 'SKYDIVE' and against me and that any and all ambiguities be resolved in favor of 'SKYDIVE.' __j 15. It is further agreed between the parties that no matter where venue lies, any • lawsuits shall be filed in State Court of County, State of It is further agreed that in the event any lawsuit is filed other than in State Court of County, State of , such lawsuit shall be moved to County, State of , or such other location as 'SKYDIVE' shall specify, on Motion and at the option of 'SKYDIVE.' L--) 16. 1 hereby agree to pay for damages directly caused by me to any and all equipment, parachutes, aircraft, or airport properties which occur during my 'parachuting activities.' L- 17. 1 hereby authorize 'SKYDIVE' or its assignee to take any photographs and videos as they may deem appropriate of myself or my party and to use those photographs In such a manner as they may deem appropriate and specifically waive any interest, proprietary or otherwise, I may have in such photographs. �) 18. ASSIGNMENT OF PROCEEDS: In the event that 1, or anyone on my behalf or my estate sues, and funds are in fact collected, I hereby irrevocably agree to pay 100% of such funds to a nominee, to be chosen by 'SKYDIVE,' with the understanding that such funds be distributed amongst the entities that constitute 'SKYDIVE,' including but not limited to the person against whom a judgment was obtained and from whom funds were collected. I further agree that in the event I, or anyone on my behalf, including my estate, hire an attorney to pursue such lawsuit or claim, that I or they be personally, totally and wholly responsible for such attorneys tees and that no attorneys fees shall be deducted from the sum to be paid by 'SKYDIVE.' I understand that this assignment is irrevocable and will supersede any subsequent assignment • of funds or fee agreement which I or anyone acting on my behalf with an attorney or law firm. Additionally, I agree that in the event of a lawsuit, 'SKYDIVE' may apply for perspective reasonable attorneys fees in $5,000.00 increments, with the first $5,000.00 to be paid by the person or entity who files the lawsuit, upon application by'SKYDIVE.' I further agree that neither myself, my heirs, or anyone acting on my behalf shall contest this section. This paragraph is separate and apart from the indemnification for attorneys fees I have signed which is a part of this agreement. 1 19. LEGAL RIGHTS: IT HAS BEEN EXPLAINED TO ME, AND I UNDERSTAND, THAT BY SIGNING THIS DOCUMENT I AM GIVING UP IMPORTANT LEGAL RIGHTS AND IT IS MY INTENTION TO DO SO. C__) 20. UNDERSTANDING OF AGREEMENT: I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND I WISH TO BE BOUND BY ITS TERMS AND I UNDERSTAND THAT BY SIGNING THIS, I HAVE FOREVER GIVEN UP IMPORTANT LEGAL RIGHTS DATED this day of 119 (Signature) (Print your name) (Witness) • • THE LENARD GRoup, INC. 6475 26TH STREET S.E. SUITE 219 ORAZd'D RAPIDS, NaCH. 49546 616 - 949.7566 FAX 616- 698 -9271 * WATS 800 - 233 -9050 %Colleen Attn: Laura Lins Arnold & McDowell Tel 612 -545 -9000 5881 Cead Lake Road FAX 612 -545 -1793 Minneapolis, Mn 55416 Reference your telephone call of 03/07/94 Skydiving Insurance /City of Minneapolis airport(s) Dear Colleen: In our telephone conversation of March 8th, you had requested information concerning how other airports limit their liability with respect to being sued by skydivers. I understand you're representing the City of Minneapolis and our firms name was given to you as a provider of insurance and/or having expertise in this area. We do work with an . insurance group providing insurance of skydiving use aircraft, and a legal defense fund for the skydiving industry. As a matter of background and information we find airports normally establish a business contracted relationship in the form of a lease or similar document with skydiving business's or will adopt operating rules for skydiving operations at their airport. The first is more formal, the later more common and used by smaller airport. A copy of eight (8) rules and regulations to conduct a skydiving business at one airport is attached, along with a sample sports waiver. The use of the waiver is important as it significantly reduces the likelihood of being sued or obtaining any judgment; and is a document upheld in several area, state, and federal courts. Additionally, most governmental entities and their agents enjoy liability immunity. Thus, if Minneapolis provides such immunity, a waiver is used, and your airport commission adopts the operating rules and regulations with indemnity clause they have greatly limited any liability exposure. Should the airport be sued, the skydiving business operator can obtain a legal defense policy which provides upto $25,000.00 of legal defense cost payment. This is used to respond to threat of or actual suit. Typically this type of action is resolved quickly as the courts have historically granted summary judgment upholding the • Page 2 • Colleen/Laura Lins March 8, 1994 waiver. The idea of a legal defense policy is to assure airports that funding will be available to defend potential suits brought against them, even if they are not liable under a hold harmless agreement. By way of general comments concerning skydiving operations at most airports which have received federal funding, I do know that skydiving as an aeronautical activity in the eyes of the Federal Aviation Administration (FAA) is considered equal to other users such as airplanes, balloons, gliders, helicopters, etc. To deny skydivers use of an airport can become discriminatory and lead to an FAA Section 13 complaint and subsequent withholding of Federal funding. Usually this extreme situation does not occur as prior to same the FAA will intervene with airport management to resolve the situation. However, this past year we know of one conflict resolved by the court which resulted in the skydiving business being not only allowed to continue its business but also being awarded a $160,000.00 sum. This was at St. Mary's County Maryland and was mentioned in an article in Airport Magazine Jan-Feb 93 issue of which a copy is enclosed. The bottom line is that skydiving use is not a conflicting or unsafe use of airports and can • be conducted with other type aviation uses safely. By use of the above described methods airports can be protected. Therefore it is good business for airports to work with responsible professional skydiving business operators just as it does with other aviation business's. However in so doing realize that to attempt to require general or broad form liability insurance to include the skydiver is not a solution. Such insurance is not available from any insurance firm at any cost and hasn't been since 1983. The reason is not that the activity is more hazardous than other sporting events, it's simply the market or quantity of skydivers is so small to the insurance industry that they don't write these small specialized areas. If we can provide any further assistance, please feel free to contact me. Sincerely, The Lenard Group, Inc. Paul E. Geddes President PEG /g • • nevinB.sllvoLn� ART -v OLD & McDOWELL ATTORNEYS AT LAW GARY D. MCDOWELL STEVEN A. ANDERSON 5881 CEDAR LAKE ROAD G. BARRY ANDERSON MINNEAPOLIS, MINNESOTA 55416 -1492 STEVEN S. HOGE LAURA K. FRETLA._ \D DAVID A. BRUEGGEHANv PAUL D. DOVE`" JOSEPH M. PAIEMENT? RICHARD G. Mc GEE CATHRYN D. REB£R GINA M. BRANDT BRETT D. ARNOLD I AL50 AD %ITTED IT" TE.A .'D VEW YORH 1 ALSO ADEIITTED IN WISCOVSI:i Gary D. Plotz Hutchinson City Administrator City of Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 16121 545-9000 MN TOLL FREE 000-343 -4545 FAX 16121 545 -1793 April 11, 1994 RE: In the Matter of the Application of W D H, Inc. for Registration of Title to Land Our File No. 3188 -87001 OF c UWSEL WILLIAM W. CAMERON RAYMOND C. 7 ALI TER 301 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 1612- 389-2214 FAX 16121 389 -SSOG 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 G121587-7575 PAR .6121 587 -4096 APNi* Dear Gary: I am enclosing herewith a formal Assent to Registration along with attached exhibit A which was prepared by attorney Dan Prochnow. You will note that Dan also sent a letter to the City of Hutchinson dated April 1, 1994, which was delivered to me. A copy of that letter is enclosed. This is a routine land registration proceeding. The only issue that may be present is the question of whether or not the roadway which is referred to in a petition dated May 30, 1874 and recorded on May 15, 1962 is a public right -of -way that the city has some interest in retaining. As I understand attorney Prochnow's position, he is not requesting that the roadway in question be vacated but simply having the city consent to the registration of the land. Assuming that to be the case, this office would have no objection and I would as that this matter be placed on the City Council calendar for early action. Thank you. Best regards. Very truly ARNOLD • G. G] Enclosure cc: Dan Prochnow 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY I.AM SPECIALIST BY THE MINNESOTA STATE DAR ASSOCIATION DAN X PROCMOW SCOTTJ NEWMAN' BRADFORD, PROCHNOW & NEWMAN ATTORNEYS AT LAW 75 TiASSAN STREET SOUTH P.O. BOX 430 fiUT'CHINSON, MRWESOTA 55350 TELEPHONE (641) 587.1710 FAX NUMBER (611) 587 -7917 April 1, 1994 CITY OF HUTCHINSON 111 Hassan St. S. Hutchinson, MN 55350 Re: W D H, Inc. - Land Registration Our File: 93 -1446 To Wh oncern: • OF COUNSEL CURTIS M. BRADFORD Please be advised that the undersigned represents • W D H, Inc. in the registration of land in Sections 10 and 11, Township 116 North, Range 30 West, McLeod County, Minnesota. In review of the title to the land, it was determined that the City of Hutchinson has an interest in the land by virtue of a roadway. Said interest is more particularly described in the Petition dated May 30, 1874 and recorded May 15, 1962 in Book 48 of Misc., at Page 353 in the office of the McLeod County Recorder. I would appreciate it if you would have the enclosed Assent to Registration form executed in the presence of a Notary Public. Upon execution, kindly return the same to my offices as soon as possible for filing with the County. Should you have any questions concerning this matter, kindly contact the undersigned. Very truly yours, BRADFORD, PROCHNOW & NEWMAN, LTD. Dan K. Prochnow Attorney I.D. No. 130424 DKP:cap • Enclosure Civil Tnal Sp <,wlia, Cndfud bT 0. Minnaola Smta Bar .4,.nafian anJ Nadanal B.,d 4 Adr .' 0 • STATE OF MINNESOTA DISTRICT COURT COUNTY OF McLEOD FIRST JUDICIAL DISTRICT ---------------------------------- ----------------------- -- - - - - -- In the Matter of the Application of Court File: C6 -93 -752 W D H, Inc. ASSENT TO REGISTRATION for Registration of Title to Land. TO THE ABOVE NAMED COURT: The undersigned claiming an interest in the attached described property by virtue of a roadway endorsed and determined, and laid out on the section line between Sections 10 and 11, Township 116 North, Range 30 West, does hereby consent to the registration of the attached described property. Dated: CITY OF HUTCHINSON M STATE OF MINNESOTA ) )ss. BY: COUNTY OF McLEOD ) Its: Its: The foregoing was acknowledged before me this 19_, by day of and the and of the City of Hutchinson , a under the laws of , on behalf of the Notarial Stamp or Seal THIS DOCI RNT W: DRAFTED BY: BRADFORD, PROCHNOW & NEWMAN Attorneys at Law 75 Hassan St. S. P.O. Box 130 Hutchinson, MN 55350 (612) 587 -2720 Notary Public 9 -2- Island View Heights First Addition according to the plat thereof on file and of record in the office of the McLeod County Recorder, except Outlot A thereof. 0 • `J n� -- 0 ORDINANCE NO. 94 -109 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL ESTATE AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson having determined that it no longer has need of the following property and that it would be reasonable, just and in the best interest of the City to sell the same, hereby authorizes and approves the sale of the following described real estate to Rick Lennes: South 56' of Lot 3 and the North 10' of Lot 4, Block 51, North 1/2 City (661x132' vacant lot located at 26 Franklin Street N.) Section 3. City Code Chapter 1 entitled "General Provisions and Definitions applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 10th day of May, 1994. ATTEST: 40 Gary D. Plotz, City Administrator Marlin Torgerson, Mayor Section 2. The terms of the sale shall be as set forth in the purchase agreement by and between the City of Hutchinson as seller • and Rick Lennes as buyer which purchase agreement is dated Section 3. City Code Chapter 1 entitled "General Provisions and Definitions applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 10th day of May, 1994. ATTEST: 40 Gary D. Plotz, City Administrator Marlin Torgerson, Mayor • C M E M 0 DATE: April 19, 1994 TO: Mayor and City Council FROM: James G. Marka, Building Official M RE: Consideration for Approval of Project No. 93 -22, Letting No. 10 and Also for Removal of Substructure Attached are the Bid Tabulation results and substructure demolition estimates on the former "Shepperd" home located at 15 Franklin Street North. My recommendation is as follows: Award Bid to Mr. Rick Lennes for purchase of vacant city lot located at 26 Franklin Street North and superstructure to be relocated to said vacant city lot - $13,011.00. • Award Contract to Hansen Gravel, Inc. for demolition of substructure, etc... - $2,300.00. Please note, the asbestos is being removed by "Ervirobate" by Purchase Order for a fee of $1,000.00. JGM /pv enc. file: Letting No. 10/93 -22 r� City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Panted an rolded paper - Police Services 10 Franklin Street SW Hutchinson, MN55350 -2464 (612) 587 -2242 Fax(612)587 -6427 f q 14 BID T ULATION CITY OF HUTCHINSON, 37 WASHINGTON AV W, HUTCHINSON MN 55350 612 -587 -5151 LETTING NO. 1_ PROJECT NO. 93 -22 ENGINEER'S ESTIMATE COMPLETION DATE: July 15th, 1994 BID OPENING DATE: Monday. April 18th 1994 AT 10:00 AM NAME, ADDRESS, CITY, STATE, ZIP CODE, TELEPHONE /FAX SURETY ADDENDUMS AMOUNT Quentin Larson 612 -587 -0966 401 Stoney Point Rd, Hutchinson, MN 55350 Leon Madson 612 -587 -7121 Diamond 5 Wrecking, Hwy. 7 W, Hutchinson, MN 55350 Money Order $40.00 Alternate Bid For Purchase $400.00 Tom Wiprud 612 -587 -4283 257 Gauger St, Hutchinson, MN 53550 Rory Karg 612 -587 -2920 125 -5th Ave NW, Hutchinson, MN 55350 Dick Lennes 612 -587 -5146 19454 Judson Circle, Hutchinson, MN 5535 Rick Lennes 612 -587 -7567 11022 Whitney Lk Rd, Hutchinson, MN 55350 Money Order $650.55 Alternate Bid For Purchase $13,011.00 9G' DOCUMENT 00500 • CONTRACT AGREEMENT FORM THIS AGREEMENT, made this 26th day of April, 1994, by and between Rick Lennes, hereinafter called the Contractor, and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the Municipality. WITNESSETH, that the Contractor and the Municipality for the consideration hereinafter named, agree as follows: ARTICLE 1. The Contractor agrees to provide all materials, equipment and labor necessary for the complete construction of all the work described in the specifications prepared by the Municipality for LETTING NO. 10, PROJECT NO. 93 -22 and to do everything in strict conformity with said specifications and Contractor's Bid Proposal Form. ARTICLE 2. The Contractor agrees that the work contemplated by this contract shall be entirely completed on or before July 15th, 1994, subject to favorable weather conditions and availability of movers. ARTICLE 3. The Contractor agrees to pay the Municipality for the performance of this Contract the sum of Thirteen Thousand, Eleven Dollars and no /100 ($13,011.00) subject to additions and deductions as provided for in the specifications and to make payments on account of the Contract as provided for in the specifications, except as hereinafter stated: _ e e _ _ _ _ _ �?a: f�s?a_ iri��aleas li��� llli��i9'L•1�1R112�C4�'iLS -1 removal of the shed and fence at Contractor's expense. ARTICLE 4. The Contractor and the Municipality agree that the specifications together with this agreement, form the Contract and that such specifications are as fully a part of the Contract as if attached or herein repeated. The Contractor and the Municipality agree that the attached Table of Contents (Document No. 00002) is a complete list of all specifications to be part of the Contract. The Contractor and the Municipality, for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF, the parties have caused these presents to be signed in their behalf by the proper officers thereunto duly authorized and their corporate seal to be hereto affixed, the day and year first above written. In the presence of: CONTRACTOR: Rick Lennes In the presence of: r1 U By: Its: MUNICIPALITY - CITY OF HUTCHINSON 00500 -1 �1— Ze7l HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY 111 Hassan St. SE Hutchinson, Minnesota 55350 • (612) 234 -7738 • (612) 587 -7500 • FAX: 612-234-4240 EQUAL HOUSING OPPORTUNITY Memo To: Mayor and City Council Memo From: Jean Ward, HRA -q" Paul Berg, Prince of Peace Retirement Living Memo Re: HRA Land Trust Program /Prince of Peace Project Request for Interim Financing Date: April 20, 1994 The HRA is proceeding with obtaining purchase offers and relocating people in the six houses on Glen Street between Park Towers and Peace Lutheran Church. Currently, three of the houses have purchase agreements written with closing dates set as of June 1, 1994. One of the three remaining houses has ordered a second appraisal to be performed this week; the HRA continues to negotiate and is hopeful of reaching an agreement with the other two houses within the next one to two weeks. • After the purchase offers are executed, rezoning from R3 to R4 will need to be obtained, along with the other paperwork required by MHFA to close on the 0% deferred loan. A development agreement and ground lease between the BRA and Prince of Peace Retirement Living, Inc. must be approved by MHFA and is part of the required paperwork that must be in place prior to loan closing. Prince of Peace plans to move ahead with obtaining construction bids and issuing bonds in May. Both Prince of Peace Retirement Living, Inc. and the BRA have proceeded as quickly as possible to conplete the necessary paperwork for obtaining the funding from MHFA. However, it is very probable that closing on the loan will not be possible by June 1, 1994, especially if negotiations stall with one or two property owners. The HRA, therefore, needs to arrange for contingency interim financing for purchase of those houses with agreements to close on June 1, 1994. This request is necessary because the HRA does not have reserve funding of the capacity needed for the closing. it is estimated that the BRA would need between $250,000- $300,000 for the property acquisitions. The HRA and Prince of Peace Retirement Living, Inc. respectfully requests that the City of Hutchinson approve interim financing to the BRA for acquisition of properties in the Land Trust area in the event that loan funds approved by MHFA cannot be accessed on June 1, 1994. This approval is 'understood to be subject to the BRA and Prince of Peace Retirement Living, Inc. executing an acceptable development agreement. Without this contingency financing plan in place, the land acquisition • process will be in jeopardy affecting the project status as a whole. Thank you for your consideration and support towards this project. �-F, C April 21, 1994 1UTI UTRI TO: MAYOR 8 CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: HRA INTERIM FINANCING The HRA is requesting the city to advance funds for the land acquisition for the Prince of Peace Project. Jean Ward at this time is unsure if the paper work would be completed with MnFHA before the expiration of the offers to property. The financing would be short term and would only be an advance subject to repayment immediately upon receipt of the funds from MnFHA. If the council agrees funds could be advance for this purpose. It would be suggested to have the following stipulations prior to the requested advance. 1. Letter from MnFHA stating land acquired prior to grant would be reimbursed by MnFHA. 2. A Signed Development Agreement with Prince of Peace committing to project using MnFHA funding. 3. Advance will be repaid within 60 days to city. 4. City would not charge interest on advance. 5. Advance not to exceed $400,000 would be from water and sewer fund. City Hail Parks &Recreation PoIiceDepartnient 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recuded paper - Ll I] 0 C MEMORANDUM April 20, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering Public Works RE: Consideration of Entering Into Contract with OSM (Orr- Schelen- Mayeron) and Associates for Bridge Consultant Services Attached is a Professional Services Contract covering consultant services for the reconstruction of the Bluff Street and new construction of the 5th Avenue SE Bridge. The Council previously approved funding to cover the Federal Funding application the was submitted in March. This contract covers the remaining services proposed for Phase 1 of the contract, which includes: 1. Preliminary Design of Bluff Street Bridge $29,700 2. Final Design of Bluff Street Bridge $ 34,000 3. Preliminary Design of 5th Avenue SE Bridge $ 95,000 TOTAL PHASE 1 CONTRACT $158,700 Phase 2 would be done sometime next year, and would include construction of the Bluff Street Bridge and final design of the 5th Avenue Bridge. Please note that the costs for 5th Avenue SE Bridge are significantly higher due to the size of the bridge, the complications due to the railroad crossing, the difficulty in permitting a river crossing, and the fact that this is a new bridge versus a replacement. We only have $ 45,000 budgeted for 1994. I would propose to increase that amount pending the final decision on how many projects are to be completed this year. Engineering revenues will significantly exceed projected revenues if all projects are completed, allowing us to completely fund this work this year. But since we do not know this currenth', I recommend approval of the contract for an amount not to exceed $ 45,000 without further authorization. City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 234 -4240 Fax (612) 587 - -66))427/ - Printed on receded paper ORR- SCHELEN- MAYERON & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 9th day of February . 1924 • by and between the City of Hutchinson, hereinafter referred to as Client and Orr - Schelen- Mayeron & Associates, Inc., hereinafter referred to as OSM with offices located at 300 Park Place Center, 5775 Wayzata Boulevard, Minneapolis, Minnesota 55416. Witnesseth, that the Client and OSM, for the consideration herein named, agree as follows: SECTION I / GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. SECTION 2 / SCOPE OF WORK The scope of work to be performed by OSM is set forth in Exhibit B. The work and services to be performed hereunder and described in Exhibit A shall be referred to herein and in the General Contract Provisions as the Project. SECTION 3 / COMPENSATION Compensation to OSM for services described in this agreement shall be as designated in the attached Exhibit C and as hereinafter described. SECTION 4 / WORK SCHEDULE The anticipated schedule is set forth in Exhibit B or E. *SECTION 5 / SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit F. CWENT: City of Hutchinson ADDRESS: 111 Hassan St SE 37- WaAi"ven -w. Wast- Hutchinson, MN 55350 BY: SIGNATURE: TITLE: BY: _ SIGNATURE: •TITLE: DATE: SECTION 6 / EXHIBITS The following initialed Exhibits are attached to and made a part of this Agreement: • Exhibit A - General Contract Provisions • Exhibit B - Scope of Work • Exhibit C - Compensation • Exhibit D - Insurance Schedule Exhibit E - Work Schedule X Exhibit F - Special Conditions SECTION 7 / ACCEPTANCE OF AGREEMENT All work and services described in this agreement shall be performed by OSM only after written acceptance of the Client. The undersigned hereby accept the terms and conditions of this agreement and OSM is hereby authorized to perform the services described herein. ORR- SCHELEN- MAYERON & ASSOCIATES, INC. ADDRESS: 300 PARK PLACE CENTER 5775 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA 554161228 BY: Robert C. K Imm SIGNATURE: "ANC TITLE Associate, Pro"ect Mana er BY: Emest E. Fe ton SIGNATU TITLE: Vice President �^, ' / DATE !� / /N�— Z 9- P Professional Services Agreement Page 1 of 1 01,194 ORR- SCHELEN- MAYERON & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 - GENERAL These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between Orr4&heien- Mayeron & Associates, Inc., hereinafter referred to as OSM, and the other party to the Agreement, hereinafter referred to as Client, wherein Client engages OSM to provide certain services more particularly described in Exhibit B, Scope of Work. Either party may be hereinafter referred to as party or, collectively, parties. ARTICLE 2 - CHANGED CONDITIONS If OSM determines that any services it has been directed or requested to perform are beyond the scope as set forth in Exhibit B or that, due to changed conditions or changes in the method or manner of administration of the Project, OSM's effort required to perform its services under this Agreement exceeds the estimate which formed the basis for OSM's compensation, OSM shall promptly notify the Client of that fact. Additional work and additional compensation for such work, and the extension of time for completion thereof, shall be set forth in a supplemental agreement entered into by the parties prior to proceeding with any additional work or related expenditures. Such supplemental agreement shall be incorporated in and become a part of this Agreement. In absence of said supplemental agreement, amounts of compensation and time for completion shall be equitably adjusted. ARTICLE 3 - TERMINATION This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with the terms hereof through no fault of the party initiating the termination. In the event of termination, copies of plans, reports and other documents whether written, printed or recorded on any medium whatsoever, (hereinafter *Instruments of Service'), finished or unfinished, prepared by OSM pursuant to this Agreement, shall be made available to the Client pursuant to Article 4 upon payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and fulfillment of clients obligation under this Agreement. All provisions of this Agreement allocating responsibility or liability between the Client and OSM shall survive the completion of the services hereunder and /or the termination of this Agreement. ARTICLE 4 - DISPOSITION OF PLANS, REPORTS AND OTHER DOCUMENTS At the time of completion or termination of the work, OSM shall make available to the Client a copy of the "Instruments of Service" prepared by OSM and pertaining to the work or to the Project. Such instruments of service are not intended or represented to be suitable for re-use by the Client or others. Any re-use without written permission or adaptation by OSM for the specific purpose intended is strictly prohibited. Client hereby indemnifies, defends and holds harmless OSM from any and all suits or claims of third parties arising out of such m -use which is not specifically authorized by OSM. ARTICLE 5 - AGREEMENT As used herein Agreement means: (1) The agreement for engineering, architectural, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The auppleme mI agreement, where appliabk. As to superseding effect, the attached exhibits shall govern over these general provisions, and the supplemental agreement, where applicable, shall govern over attached exhibits and these general Provisions. The Agreement constitutes the entire understanding between OSM and Client. The Agreement supersedes all prior written or oral understanding and may only be amended, supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 6 - RESPONSIBILITIES A. In order to permit OSM to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to OSM: 1. Provide full information as to its requirements for the Project. 2. Guarantee access to and make all provisions for OSM to enter upon public and private lands to enable OSM to perform its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project. 4. Give prompt written notice to OSM whenever the Client observes or otherwise becomes aware of any defect in the Project. 5. Designate, in writing, a person to act as Client's representative with respect to the services to be tendered under this Agreement. The Client's representative shall have the authority to transmit and receive instructions and information and to interpret and define the Client's policies with respect to services tendered by OSM. 6. Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, care borings, probings and sub - surface explorations, hydrographic and hydrogeologic surveys, laboratory teats and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographicand utility surveys; property description; zoning, deed and other land use restrictions; and other special data not itemized in Exhibit B. 7. Act as liaison with other agencies to arty out the necessary coordination and negotiation; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. S. Examine all repots, sketches, drawing, specifications and other documents prepared and presented by OSM, obtain advice of legal, accounting and insurance counselors or others as Client deems necessary for such examinations and render in writing decisions pertaining thereto within reasonable times so as not to delay the performance by OSM of the services to be rendered pursuant to this Agreement. 9. Where appropriate, identify, remise and /or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by OSM of any work on the Project. - Exhibit A - Page 1 of 2 01/94 i 0 E • 10. Provide record drawings and specifications for all existing physical plants of fatuities which are pertinent to the Project. 11. Provide other services, materials, or data as may be set forth in Exhibits B and /or E. 11 Bear all costs incidental to compliance with the requirements of this article. 13. Provide the foregoing in a manner sufficiently timely so as not to delay the performance by OSM of the services in accordance with the Contract Documents. B. OSM shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client or OSM. OSM shall promptly ratify the Client if OSM discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. ARTICLE 7 - OPINIONS OF COST Opinion, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for in Exhibit B are made or to be made on the basis of GSM's experience and qualifications and represent OSM's best judgement as an experienced and qualified professional design firm. The parties acknowledge, however, that OSM does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation or contractor's methods of determining their prices, and any evaluation of any facility to be constructed, or acquired, or work of necessity be speculative until completion of construction or acquisition. Accordingly, OSM does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by OSM. ARTICLE 8 - INSURANCE OSM has procured insurance in the types and amounts set forth in Exhibit D. The Client acknowledges that professional liability (errors and omissions) or other insurance is unavailable to cover claims arising out of the performance or failure toperform professional services, including, but not limited lo, the preparation of reports, designs, drawings and specifications related to the investigation, detection, abatement, replacement, modification, removal or disposal of: (1) Pollutants; or (2) Project, Materials or processes containing asbestos. As used herein, pollutants shall include but not be limited to any solid, liquid, gaseous or thermal irritant, contaminant, or hazardous waste as defined by Federal and State law and cases construing such definition. Waste includes materials to be recycled, reconditioned or reclaimed. Accordingly, Client hereby agrees not to bri ng any claim for negligence, breach of contract. indemnity or other cause of action against OSM, its principals, employees, agents and consultants harmless from any such pollutant or asbestos related claim that may be brought by third parties as a result of the service provided by OSM pursuant to this Agreement. Notwithstanding the foregoing, Client shall not be prohibited from bringing such suit against OSM for its alleged negligence, breach of contract or other cause of action arising out of its professional services rendered in connection with the design and constitution of potable water systems, storm water systems and sewage systems including those receiving industrial waste pre- - Exhibit A - treated in accordance with EPA standards. Furthemare, Client is not required to indemnify and hold OSM harmless for chime and actions brought against it by third parties arising out of such professional services. ARTICLE 9 - ASSIGNMENT This Agreement, intended to secure the service of individuals employed by and through OSM, shall not be assigned or transferred without written consent of the Client. ARTICLE 10 - CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 11 - NON - DISCRIMINATION OSM will comply with the provisions of applicable Federal, State and local Statutes, Ordinances, and Regulations pertaining to human rights and nondiscrimination. ARTICLE 12 - RESOLUTION OF DISPUTES If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to either party pursuing other available remedies: 1. A meeting shall be held promptly between the parties, attended by individuals with decision- making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. 2. If, within (30) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation in accordance with the commercial Mediation Rules of the American Arbitration Association, the Model Promdum for Mediation of Business Disputes of the Center for Public Resources or other applicable procedures, and to bear equally the costs of the mediation. 3. The parties will jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the American Arbitration Association, Center for Public Resources, American Intermediation Service or other organization if they have been unable to agree upon such appointment within (20) days from the conclusion of the negotiation period. 4. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of (30) days. If the parties arc not successful in resolving the dispute through the mediation, then the parties may. a. Agree to submit the matter to binding arbitration or a private adjudicator, or either patty may seek an adjudicated resolution through the appropriate court, or b. Agree that the dispute shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction, or C. Agree that either party may initiate litigation upon (10) days written notice to the other party. Page 2 of 2 01/94 .41 SCOPE OF WORK I. PROJECT DESCRIPTION The scope of the Bluff Street Bridge replacement project includes Preliminary and Final Design and Construction Phase services. The scope of the Fifth Avenue Bridge project includes Preliminary and Final Design along with Construction Phase services. However, a cost estimate is not included at this time for Final Design and Construction Phases for the Fifth Avenue project since the scope is not defined at this time. II. BASIC SERVICES TO BE PROVIDED BY OSM A. GENERAL. OSM agrees to perform professional services in conjunction with the Project as hereinafter stated. OSM shall serve as the Client's professional engineering /architectural representative in all phases of the Project to which this agreement applies, and shall give consultation and professional advice to the Client during the performance of said services. B. SCOPE OF ENGINEERING /ARCHITEC'T'URAL BASIC SERVICES. • Professional services shall be provided in four phases. The services for each phase include tasks as described below. (1) Preliminary Design Phase Services A. Bluff Street Bridee 1. Field survey of bridge vicinity and adjacent river channel. 2. Hydraulic engineering and permit application preparation. 3. Soils investigation for bridge and approach roadway. 4. Coordinate with City on the approach roadway design. 5. Preliminary bridge design and cost estimate. 6. Project Path Report and Study Report preparation for bridge replacement. 7. Attend one public meeting. • Exhibit B - Page 1 of 6 01/94 • B. 5th Avenue Bridgg 1. Field survey of proposed roadway and bridge area as well as adjacent river channel. 2. Hydraulic engineering and permit application preparation. 3. Soils investigation for roadway and bridge. 4. Geometric layout of roadway and bridge. 5. Coordinate with railroad company. 6. Preliminary roadway design and cost estimate. 7. Preliminary bridge design and cost estimate. 8. Environmental Assessment report preparation. 9. Study Report preparation. 10. Attend two public meetings which include the public hearing. (2) Final Design Phase Services A. Bluff Street Bridge 1. Final bridge design and plans. 2. Bridge specification Special Provisions. 3. Assist with bid letting • (3) Construction Phase Services A. Bluff Street Bridge Construction phase services will be as requested by the Client to allow for conformance with the Mn /DOT Bridge Inspection Certification requirements. Items that are required to be provided by the owner or their designated representative include: 1. Project Administration including pay application requests, working in the Mn /DOT C.A.R.S. program, and completing weekly and monthly progress report forms. 2. Construction surveying to provide the contractor with horizontal and vertical control. 3. Construction inspection on a daily basis under the supervision of a Mn /DOT Certified Inspector, including keeping a daily project diary, running construction coordination meetings, sampling and performance of specified tests. 4. Review of contractor submittals. 5. Prepare as- recorded drawings based on the contractor recorded changes from the bid documents during construction. - Exhibit B - Page 2 of 6 01/94 M. IV. (4) Extra Services Phase • Extra Services are any professional services which are not defined in the original Scope of Work agreed to between the Contracting Parties. Extra services will be performed only after OSM has provided the Client with a Scope of Work for such services, and has received authorization to proceed from the Client. Extra services may be provided at any time during any of the other phases of work. LIMITATION OF RESPONSIBILITIES A. OSM shall not be responsible for the acts or omissions of the contractor, or of any subcontractor or supplier, or any of the contractor(s)' or subcontractor(s)' or supplier's agents or employees, or any other persons (except OSM's own employees and agents) at the site or otherwise furnishing or performing any of the contractor's work. However, OSM shall not be released from its liability for failure to properly perform duties and responsibilities assumed by OSM in the Contract Documents. B. OSM shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the contractor(s), or the safety precautions and programs incidental to the work of the contractor(s), or for • review of such procedures, precautions, or programs. OSM is not obligated to inform or advise the contractor(s) on any matters related to safety or the safe performance of construction work. C. OSM shall endeavor to provide the Client with construction plans, specifications, and contract documents that conform to site conditions identified during site investigations, but it is recognized that unknown conditions may exist that cannot be discovered until complete site excavations are made, and OSM does not bear the responsibility for their discovery or for additional construction costs that may result from unknown conditions. TASKS TO BE PERFORMED BY THE CITY A. Bluff Street Bridgg 1. Field survey of the roadway reconstruction. 2. Complete approach roadway layout and plans and specifications to be bid as a separate project. 3. Design of relocation of all City utilities in the vicinity of the bridge. 4. Relocation of the Simonson Lumber building. 5. Assist in project path report and study report preparation with approach roadway information. 6. Lead one public meeting. 7. Provide OSM with available plans of the existing Bluff Street Bridge. 8. Provide OSM with CARD file of existing site contours. Exhibit B - Page 3 of 6 01/94 • 9. Provide OSM with existing HEC -2 hydraulic model. 10. Provide OSM with information regarding the proposed bike path route through the project. 11. Provide electrical engineering for all street /bridge lighting. B. 5th Avenue Bridgg This project will be bid as one project, including both the bridge and roadway. 1. Provide OSM with as- builts of all City utilities in the vicinity of the project. 2. Assist in two public meetings. 3. Provide OSM with CADD file of the existing site contours. 4. Provide OSM with existing HEC -2 hydraulic model. 5. Provide OSM with information regarding the proposed bike path route through the project. 6. Provide electrical engineering for all street /bridge lighting. V. ASSUMPTIONS MADE BY OSM A. Bluff Street Bridge 1. Hydraulic permit applications include the DNR and Army Corps of Engineers. The City will pay the application fees. 2. Bridge design will be in accordance with Mn /DOT standards for • Federal projects. 3. If right of way acquisition requires relocation associated with the project, additional reports may be required and an additional fee will be negotiated at that time. 4. Construction phase services fee estimate includes OSM providing Mn /DOT prescribed bridge inspection services for 20 hours a week over a 12 week construction period, plus construction administration by an OSM bridge engineer for 4 hours a week over a 12 week construction period. It is assumed that the City will supplement these field services provided by OSM with their own staff. 5. OSM has included the printing and reproduction cost of the plans to provide Mn /DOT with review sets and to provide the City with two blueline sets of the preliminary and final submittals. 6. OSM has included the printing and reproduction cost of the Project Reports to provide Mn /DOT with review sets and to provide the City with one copy. 7. Soil borings for the bridge include 2 -100' deep borings. Soil borings for the approach roadway include 2 -15' deep borings with R values. 8. The proposed bike path will be built in front of the north abutment next to the river. • - Exhibit B - Page 4 of 6 01/94 B. Fifth Avenue Bridge • 1. Hydraulic permit applications include the DNR and Army Corps of Engineers. The City will pay the application fees. 2. Geometric layout of roadway and bridge assumes a maximum of 3 alternatives to be investigated. 3. Coordination with the Railroad Company includes up to two meetings but does not include costs associated with court proceedings to prove need for the railroad crossing. 4. Roadway project will extend between the existing Arch Street to Fifth Avenue (an approximate length of 1500 feet). 5. Environmental Assessment a. Report Document The environmental assessment will summarize the findings of the project technical analysis and the special studies. The report will meet the form and content requirements listed in the Mn /DOT HPDP handbook, Volume 1, pages c -69 through c -83. The environmental assessment will be submitted to the State for review, revisions will be made as necessary, and the final Environmental Assessment will be distributed as required. The appropriate steps will be taken to publish the availability of the • approval document in the MEQB Monitor. This document will also suffice for the EAW required under the MEQB Rules. b. FONSI Request A finding of No Significant Impacts ( FONSI) letter will be prepared and submitted to Mn /DOT and FHWA as required. C. Negative Declaration A Findings of Fact and Conclusions will be prepared. The document will meet the content requirements listed in the Mn /DOT HPDP Handbook, volume 1, pages c -84 through c -87 an appendix. A draft copy of the Findings of Fact and Conclusions will be reviewed by Mn /DOT. A finalized copy will be prepared based on review comments and then returned to the Office of State Aid for processing. 6. Study Report This report will define the basic design criteria, exceptions to standards and environmental mitigation commitments. The Study Report will meet the form and content requirements listed in the Mn /DOT HPDP Handbook, volume 1, pages c -19 through c -32. The report will be submitted to the State for review, and necessary revisions made and Exhibit B - Page 5 of 6 01/94 • the final document distributed. U 7. Soil borings for the bridge include 3 -100' deep borings. Soil borings for the roadway include 6 -15' deep borings with R values. VI. 1994 ANTICIPATED WORK PLAN It is anticipated that the following tasks will be performed during 1994 (refer to section II.B): Bluff Street Bridge Preliminary Design tasks 1 through 7 Final Design tasks 1 and 2 Fifth Avenue Bridge Preliminary Design tasks 1 and 3 The actual tasks performed during 1994 is dependent on the availability of project funding and the timeliness of Mn /DOT reviews. Exhibit B - Page 6 of 6 01/94 I. Il. EXHIBIT C - COMPENSATION GENERAL The compensation set forth in this Exhibit C is based upon prompt, orderly and continuous progress of the project. Services and reimbursement expenses will be invoiced monthly unless otherwise specified. If payment is not made within 30 days from the day of invoice, OSM may suspend services under this Agreement, upon seven days written notice to the Client, until OSM has been paid in full for all amounts then due for services, expense, charges and interest. Failure to contest amounts invoices with 30 days from date of invoice will accrue interest at 11/2% per month or the maximum amount authorized by law, whichever is less. LUMP SUM PAYMENTS Fees for all Preliminary Design and Final Design Phase services shall be paid for on a Lump Sum basis. OSM shall be compensated for services described in Exhibits A and B for the negotiated lump sum fee as described below. During the course of the work, OSM shall be paid monthly, as invoiced, based on OSM's estimate of the percentage of the work completed. Total payments to OSM for work described in Exhibit B shall not exceed the lump sum amount, except as hereinafter provided. A. Bluff Street Bridge Task # Description Fee Preliminary Design Phase 1 Field Survey $3,400 2 Hydraulics $4,000 3 Soils Investigation $5,500 4 Approach Coordination $1,300 5 Preliminary Bridge Design and Estimate $8,000 6 Project Reports $6,000 7 Public Meeting $1,500 Final Design Phase 1 Final Bridge Design $31,000 2 Special Provisions $2,000 3 Bid Letting $1,000 Lump Sum Subtotal: $63,700 Exhibit C - (LSB) Page 1 of 3 01/94 0 • • B. 5th Avenue Bridge Preliminary Design Phase Task # Description Fee 1 Field Survey $ 8,000 2 Hydraulics $ 5,000 3 Soils Investigation $11,000 4 Geometric Layout $15,000 5 Coordinate with Railroad Co. $ 4,200 6 Preliminary Roadway Design and Cost Est. $ 8,500 7 Preliminary Bridge Design and Cost Est. $17,000 8 Environmental Assessment Report $18,500 9 Study Report $ 3,600 10 Public Meetings $ 4,200 Lump Sum Subtotal $95,000 III. HOURLY PAYMENTS OSM shall be compensated monthly for Construction Phase services described in Exhibit B and Extra Services on a Direct Personnel Cost basis. Monthly payments shall be based on the attached OSM Fee Schedule which is updated annually, plus . the actual cost of reimbursable expenses as provided below and the cost of equipment utilization as provided below. A. Bluff Street Bridge The estimated fee for Construction Phase services as outlined in Exhibit B is $23,300. B. Extra Services All extra services requested of OSM by the City shall be performed on an hourly basis in accordance with the current OSM Fee Schedule (1994 Fee Schedule is attached to this contract). No extra services will be performed unless authorized by the City. C. Reimbursable Expenses The following reimbursable expenses representing actual expenditures made by OSM, its employees, or its professional consultants specifically for the project are not included in Direct Personnel Cost and shall be paid for in the manner agreed upon above. 1. Transportation expense equal in amount to employee reimbursement. 2. Lodging and meal expense connected with the project. • 3. Fees paid, in the name of the Client, for securing approval of authorities having jurisdiction over the project. - Exhibit C - (LSD) Page 2 of 1 01/94 4. Plan and specification reproduction expenses other than those called • for in the Basic Services when requested by the Client. 5. Other special travel and expenses connected therewith required in connection with the project and authorized by the Client. D. Equipment Utilization The utilization of specialized equipment (including, but not limited to, computers, electronic survey equipment and automatic data plotting equipment) for data acquisition, detailed engineering computation and plan preparation as well as for the development and preparation of easement descriptions and assessment rolls, where applicable, is recognized as benefiting the Client through more efficient production of project documents and minimization of costs involved with document modification when the project scope or other conditions change. The Client, therefore, agrees to pay the reasonable cost for the use of such specialized equipment on the project. OSM's invoices to the Client will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by OSM. The Client shall pay OSM monthly for equipment utilization at the following rates: Microcomputer $ 5.00 • Microcomputer CADD Workstation $15.00 11 - Exhibit C - (LSB) Page 3 of 3 01/94 • EXHIBIT D ORR- SCHELEN- MAYERON & ASSOCIATES, INC. INSURANCE SCHEDULE • 11 GENERAL LIABILITY Carrier: Home Insurance Company Type of Insurance: Commercial General Liability Coverage: General Aggregate Products - Comp /Ops Aggregate Personal & Advertising Injury AUTOMOBILE LIABILITY Carrier: Home Insurance Company Type of Insurance: Any Auto All Owned Autos Hired Autos Non -Owned Autos Coverage: Combined Single Limit WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: Home Insurance Company Coverage Statutory Each Accident Disease - Policy Limit Disease -Each Employee PROFESSIONAL LIABILITY Carrier: Security of Hartford Coverage: $2,000,000 Certificates of Insurance will be provided upon request. - Exhibit D - Page I of I �. tll tll �. 111 111 i, 111 111 c. 111 111 =11 11 lit 11 111 01/94 F7i�1 i �I J SPECIAL CONDITIONS This contract provides for the Preliminary and Final Design and Construction Phases of the Bluff Street Bridge and the Preliminary Design Phase of the Fifth Avenue Bridge. It is anticipated that this contract will be amended to add the Final Design and Construction Phases of the Fifth Avenue Bridge Project, once the scope of work is better defined. • - Exhibit F - Page 1 of 1 01/94 MEMORANDUM April 20, 1994 TO: Mavor and Citv Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Entering Into Contract With Bolton & Menk for Consultant Services Related to Letting No. 6iProject No. 94-M Hayden and Osgood Additions and Surrounding Areas Attached is an agreement with Bolton & Menk to complete the design services for the above referenced project. This contract was proposed in the budget for this year, and includes the • complete design of the project. At this time, we are planning to complete the inspection and construction staking portion of the contract ourselves. We do not have the time to do this project ourselves. We are having a hard time completing our other projects due to the extremely heavy project schedule. Based on the proposal as submitted, we recommend approval of the contract for S 32,800 plus reimbursables as noted. cc: Cal Rice, Engineering Dept. file: L6/94 -06 U Cin Center III Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primed on receded pap', - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 q-7-1 AGREEMENT FOR PROFESSIONAL SERVICES • STREET AND UTILITY IMPROVEMENTS LAKE ST., HAYDEN AVE., OSGOOD AVE., FISCHER ST., AND FIFTH AVE. CITY OF HUTCHINSON, MINNESOTA This Agreement, made this day of 19_, by and between the CITY OF HUTCHIN- SON, MINNESOTA, HUTCHINSON CITY CENTER, 111 HASSAN STREET S.E., HUTCHINSON, MINNESOTA hereinafter referred to as CLIENT, and BOLTON & MENK, INC., 515 N. RIVER - FRONT DRIVE, MANKATO, MINNESOTA, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional services in conjunction with engineering services related to the preparation of plans and specifications and bidding phase for street, curb and gutter, watermain, sanitary sewer and storm sewer improvements on Lake Street, Hayden Avenue, Osgood Avenue, Fischer Street, and Fifth Avenue; and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed project as described in Exhibit I. B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I. C. The CONSULTANT shall serve as the CLIENT'S professional engineering and surveying representative as described herein. SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. s EAMS93050MrREE.2 MUM Page 1 of 6 9-� • B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited to boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counselling services as may be required for completion of the consultant services described in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. E:\MSM0MGREE.2 3aM Page 2 of 6 SECTION III - COMPENSATION FOR SERVICES A. FEES. 1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule of fees for the time actually spent in performance of Agreement services. Schedule of Fees Classification Hourly Rates Principal Engineer/Land Surveyor $75.00 to $100.00 Associate Engineer/Land Surveyor $60.00 to $75.00 Project /Design Engineer $40.00 to $60.00 Licensed Land Surveyor $50.00 to $60.00 Senior Technician $40.00 to $60.00 Technician/Draftsperson $20.00 to $40.00 Clerical $20.00 to $40.00 Surveying /Staking Two Man Survey Crew $65.00 to $85.00 Three Man Survey Crew $80.00 to $105.00 2. Total cost for the services itemized under Section LA (Basic Fee) shall not exceed $32,800.00. 3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee (not- to-exceed 15 %) for the following Direct Expenses when incurred in the performance of the work. a. Owner approved outside professional and technical services. b. Identifiable reproduction and reprographic charges. C. Expendable field supplies and special field equipment rental. d. Other acceptable costs for such additional items and services as may be required by the CLIENT to fulfill the terms of this Agreement. 4. Additional services as outlined in Section I.B will vary depending upon project conditions and will be billed on an hourly basis at the rate described in Section III.A.1. B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates. E:WS9305MAGREE.2 RUM Page 3 of 6 0 \.J • SECTION IV - GENERAL A. CHANGE IN PROJECT SCOPE. In the event the CLIENT changes or is required to change the scope of the project from that described in Section I and /or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and the CONSULTANT shall furnish such, prior to authorizing the changed scope of work. B. RESPONSIBILITY AND LIMITATION OF LIABILITY. The CONSULTANT agrees to provide all work in a prudent and professional manner. The CLIENT acknowledges that portions of the project may be performed or otherwise controlled by the CLIENT, regulatory agencies, contractors or other personnel over which the CONSULTANT does not have direct employment relationship. The CLIENT agrees to hold the CONSULTANT harmless from claims, including the defense thereof, arising from the actions of persons other than the CONSULTANT'S em- ployees. In no event shall CONSULTANT'S liability exceed the amount which is paid to CON- . SULTANT for its services. s C. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. D. INSURANCE. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. The CONSULTANT also agrees to maintain such general liability insurance for claims arising for bodily injury, death or property damage which may arise from the negligent performance by the CONSULTANT or its employees of its day -today general business activities (such as automobile use) and exclusive of the performance of the professional services described in this Agreement. E:WS9305091AGM.2 328193 Page 4 of 6 E. REUSE OF DOCUMENTS. All documents including Drawings and Specifications prepared or furnished by CONSULTANT pursuant to this Agreement are instruments of service in respect of the Project and CONSULTANT shall retain an ownership and property interest therein whether or not the Project is completed. The CONSULTANT shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights including the copyright. CLIENT may make and retain copies for information and reference in connection with the use and occupancy of the Project by CLIENT and others; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT and CLIENT shall indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by CLIENT and CONSULTANT. F. OPINIONS OR ESTIMATES OF CONSTRUCTION COST. 11 If included as a service by exhibit, the CONSULTANT will furnish construction cost estimates as stated herein. Cost estimates will be based upon public construction cost information. Since the CONSUL- TANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information • of the CLIENT and no warranty or guarantee as to the accuracy of construction cost estimates is made. The CLIENT agrees that costs for project financing shall be based upon actual, competitive bid prices with reasonable contingencies. G. PAYMENTS. If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANT'S invoice, a service charge of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition, CONSULTANT may, after giving seven days' written notice to CLIENT, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. H. TERMINATION. This Agreement may be terminated by either party upon seven (7) days written notice. In the event of termination, there shall be no further obligation of the CLIENT to the CONSULTANT under this Agreement, except for payment of amounts due and owing for work performed to the date and time of termination, computed in accordance with Section III of this Agreement. The obligations set forth within Section IV of the Agreement shall survive termination. u EAMS930509 AGREE.2 3/n/93 Page 5 of 6 • I. CONTINGENT FEE. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. J. NON - DISCRIMINATION. The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. K. CONTROLLING LAW. This Agreement is to be governed by the law of the principal place of business of CONSULTANT. SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: CITY OF HUTCHINSON, MN TITLE: CONSULTANT:BOLTON & bWNK, INC. BY':-�,// r: i TITLE: DATE: DA' BY: BY: TITLE: TIT DATE- DA' E:VAS93050MGREE.2 3!28193 Page 6 of 6 BASIC SERVICES BY CONSULTANT STREET AND UTILITY IMPROVEMENTS LAKE ST., HAYDEN AVE., OSGOOD AVE., FISCHER ST., AND FIFTH AVE. CITY OF HUTCHINSON, MINNESOTA I.A. BASIC SERVICES For purposes of this Project, Basic Services to be provided by the CONSULTANT are as follows: Upon notice to proceed, the CONSULTANT shall meet with the CLIENT to define the scope of the project and to determine, to the fullest extent possible, the nature of the improvements to be made. The CONSULTANT shall conduct field surveys, exclusive of subsurface investigations, to obtain information for preliminary design and report. 3. As part of reports and other documents, CONSULTANT may furnish construction cost estimates as stated herein. Cost estimates will be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates shall be for general information of the CLIENT and no warranty or guarantee as to the accuracy of construction estimates is made. The CLIENT agrees that costs for project financing shall be based upon actual, competitive bid prices with reasonable contingencies. 4. Upon authorization to proceed to bidding, the CONSULTANT shall prepare plans and specifications and submit copies to the CLIENT for review and comment. 5. CONSULTANT shall submit copies of plans and specifications to those agencies providing funding for the project including Minnesota Pollution Control Agency (MPCA), and Minnesota Department of Health (MDH). 6. The CONSULTANT shall assist the CLIENT in the preparation of permit applications for MPCA and MDH. The CONSULTANT'S responsibility on the permit application shall be limited to the provision of information relative to the project. The CLIENT shall assume responsibilities for submittal and delivery of permit applications, necessary bonds, permit application fees, negotiation for access or rights -of -way, and all other work and costs associated with such permits. 7. The CONSULTANT shall provide copies of the plans for use by the CLIENT in negotiating and obtaining easements and rights -of -way. D:\MS93050M .1 V28/94 1 - 0 • 8. The CONSULTANT shall prepare plans, specifications and proposal forns for use by bidders; assist in the preparation of advertisement for bids; and supply sufficient numbers of plan sets for distribution to bidders for which a charge to cover reproduction expenses and clerical time can be made by the CONSULTANT to plan holders. 9. The CONSULTANT shall attend the public bid letting, tabulate unit price bid items and furnish tabulations to the CLIENT. 10. The CONSULTANT shall prepare contracts, with the assistance of the CLIENT'S attorney and staff, after award of contract. I.B. ADDITIONAL SERVICES Consulting services performed other than those authorized under Section LB shall be considered not part of the Basic Services and may be authorized by the CLIENT as Additional Services. Additional Services consist of those services which are not generally considered to be Basic Services; or exceed the requirements of the Basic Services; or are not definable prior to the commencement of the project; or vary depending on the technique, procedures or schedule of the project contractor. Additional services may consist of the following: 1. CONSTRUCTION ADMINISTRATION: Make visits to the site at approximately once per week • intervals to observe the progress and quality of the executed work of the contractors, and determine, in general, if such work is proceeding in accordance with the contract documents. Review the contractor's request for partial payments. Such review shall be based upon the CONSULTANT'S on -site observations and such written documentation as may be available to the CONSULTANT at the time of review. Such review shall not include verification of unit price contract quantities by physical measurement of individual work items. Conduct a final inspection of the project for determine, in general, conformance with contract documents completion requirements and to assist in evaluation of the final payment request from the contractor. 2. CONSTRUCTION STAKING. Perform construction staking, furnish necessary equipment and supplies to establish grade and line for the contractor's guidance in construction of the project and in accordance with the contract documents. RESIDENT INSPECTION. Provide resident project inspection services during construction of the project. Inspection services consist of observation of the work of the contractor, coordination of testing services and documentation of the work progress. Inspection services do not constitute acceptance or approval of the contractor's work nor do they relieve any part of the contractor's responsibility under the construction documents. 4. COORDINATION OF FUNDING DOCUMENTATION, INCLUDING: a. Preparation of preliminary and final assessment rolls and assessment computations for individual parcels, all from ownership information to be provided by the CLIENT. • b. Preparation of periodic grant reimbursement requests and documentation related thereto. D:v4s930509\Agm.1 3nei94 - 2 - 5. EASEMENT & ACQUISITION SERVICES. Boundary and easement surveys for the purpose • of describing project sites and easements, preparation of property descriptions, site maps, assistance with eminent domain proceedings, court preparation and testimony. 6. All other services not specifically identified in Section I.A. or I.B. L� • o:vas9305MLAg=.1 3 /2'94 - 3 - 0 0 F- L J C h 1 DILI 141 I ,! April 20, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Assessment Agreement for Bernie McRaith Paden's Addition I will be presenting you with another Agreement of Assessment Annulment and Reassessment as we have previously approved in the past. I apologize for not being able to complete prior to the packet being distributed. cc: Ken Merrill, Finance Director Pat VamderVeea, Fagiaeering City Center 1l1 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234 -4240 Primed on re<,cled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 0 0 EXHIBIT "A" 11 FOLLOWING ASSESSMENTS TO BE PAID UP TOTAL TF PRINJINT. DUEJ AND REMAINING BALANCE TO RUN AS ORIGINALLY ADOPTED): SPECIAL ASSESS. I YEAR CITY OF HUTCHINSON 111 HASSAN STREET SE HUTCHINSON MN 55350 612 234 -4209 INTERES ANNUAL RATE PAYMENT YEARS TF TO PRESENT DATE COMPUTED: 04-26 -1994 PROPERTY ID NUMBER: 12- 116 -30- 08-0050 PROPERTY DESCRIPTION: LOT 2, BLOCK 2, PADENS FIRST ADDITION PROPERTY ADDRESS: 710 ATLANTA AVENUE TAX FORFEIT PROPERTY - TAXES NOT PAID IN 1987 PER CITY POLICY - YEAR TAXES NOT PAID, INTEREST TO BE ADDED AS POLICY FOR DEFERRED ASSESSMENTS IS COMPUTED INTEREST RATE - FIRST 10 YEARS AT NET INTEREST ON BONDS - YEARS AFTER AT 5% TOTAL PRINCIPAL AND INTEREST ON ASSESSMENTS ON TAX FORFEIT PROPERTY COMPUTED THRU: MAY 1, 1994 TOTAL INTEREST TF TOTAL TF PRINJINT. DUE 1994 PRINCIP CERT[FIE 1994 INTEREST CERTIFIED ASSESS - MENT I PAYOFF FOLLOWING ASSESSMENTS SHALL BE ASSESSED FOR FIVE YEARS AT 7% INTEREST: SA -270 1991 5714.18 SPECI ASSESS. YEAR ORIGINAL PRINCIP INTEREST RATE ANNUAL PAYMENT YEARS PAID BALANCE TO PAY YEARS TF I DEFERRED TO TOTAL PRESENT INTEREST PRINCIPAL &INTEREST AMOUNT ENGINEERING NEWS RECORD COST INDEX PAYOFF/ REASSESSME NT AMOUNT ENRCI RATE I ENRCI ENRCI E CI AMOUNT YEARLY TOTAL $374.43 1 $374.43 $196.57 5571.00 5374.43 $176.92 $ 5.42 SA-103 1981 $4,315.67 10.50% $431.57 5 $2157.84 7 $1586.01 53743.84 1.5924 $6872.06 $68711 $3,436.03 53436. SA -121 1981 $14695.70 7.00% $1469.57 5 $7,347.85 7 $3600.45 $1094830 1.5924 $23400.71 $2340.07 $11700.36 $10 4830 SA -122 1981 $1813.29 7.00% $181.33 5 $906.65 7 $444.26 $1,350.90 1.5924 $2887.39 $288.74 $1,443.70 $1 50. SA -123 1981 $1738.24 7.000/. $173.82 5 $869.12 7 $425.87 $1,294.99 1.5924 $2767.89 $276.79 $1383.94 1 94.99 SA -149 1982 $3725.89 10.5001. $372.59 4 $2,235-53 7 $1643.12 $3878.65 1.4376 $5356.47 $535.65 S3,213.88 $3 13.88 SA -150 1982 $2065.18 10.50% $206.52 4 $1,239.11 7 $910.74 $2149.85 1.4376 $2968.97 $296.90 $178138 5178138 $28,353.97 $2,835.40 $14,756.09 $8,610.44 $23,366.53 FOLLOWING ASSESSMENTS TO BE PAID UP TOTAL TF PRINJINT. DUEJ AND REMAINING BALANCE TO RUN AS ORIGINALLY ADOPTED): SPECIAL ASSESS. I YEAR ORIGINAL PRINCIPAL INTERES ANNUAL RATE PAYMENT YEARS TF TO PRESENT TOTAL PRINCIPAL TF TOTAL INTEREST TF TOTAL TF PRINJINT. DUE 1994 PRINCIP CERT[FIE 1994 INTEREST CERTIFIED ASSESS - MENT I PAYOFF SA -270 1991 5714.18 6.180/. $71.42 2 $142.84 588.27 5231.11 571.42 $35.31 $499.93 SA -278 1992 53744.28 5.25% $374.43 1 $374.43 $196.57 5571.00 5374.43 $176.92 $ 5.42 $4458.46 $445.85 $517.26 5802.11 $445.85 $212.23 $3 9535 WEED CUTTING BILL -1989 THROUGH 1990 - TO BE PAID IN FULL - $190.19 TOTAL ASSESSMENTS ASSESSABLE FOR FIVE YEARS AT 7% INTEREST SA -103 THROUGH SA -150 $22.025. 8 TOTAL ASSESSMENTS TO RUN AS ORIGINALLY ADOPTED SA -270 & SA -278 $3,495.35 1994 PRINCIPAL & INTEREST CERTIFIED TO COUNTY SA470 & SA -278 (PAYABLE TO CO 5658.07 TOTAL TAX FORFEIT PRINCIPAIANTEREST DUE ON SA -270 & SA -278 $802. 1 TOTAL WEED CUTTING 1989 THROUGH 1990 DUE $190.19 TOTAL 527171.2 E r-j LJ MEMORAINDUM April 20, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of EngineeringiPublic Works RE: Review of Drag Joint Maintenance Facility Grant Agreement Attached is a draft Agreement from the State of Minnesota Board of Government Innovation and Cooperation for the proposed Tri- Agency (Hutchinson Area Transportation Services) Facility design funding ($ 140,000). Please review the agreement for any revisions. It has been reviewed by Gary and Ken. I understand that we will also need to pass a Resolution, as required by the Attorney General's office. I hope to get a copy and have it available for the meeting. cc: Gary Plotz - City Administrator Ken MernE - Finance Director Citv Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed un ren led paper- Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 RESOLUTION NO. 10209 RESOLUTION APPROVING GRANT CONTRACT FOR DEVELOPMENT OF A SHARED MAINTENANCE FACILITY FROM THE BOARD OF GOVERNMENT INNOVATION AND COOPERATION (hereinafter Board) TO CITY OF HUTCHINSON (hereinafter Grantee) ON BEHALF OF CITY OF HUTCHINSON, COUNTY OF McLEOD, MINNESOTA STATE DEPARTMENT OF TRANSPORTATION, TOWNSHIP OF HUTCHINSON WHEREAS, the City of Hutchinson, County of McLeod, Minnesota State Department of Transportation and the Township of Hutchinson has need for a grant to help plan and develop a shared maintenance facility to serve all agencies, to be known as the Hutchinson Area Transportation Services Facility (hereinafter Project): and, WHEREAS, the BOARD has awarded the City of Hutchinson, County of McLeod, Minnesota State Department of Transportation and the Township of Hutchinson a grant of $ 140,000 in order to accomplish the project; and WHEREAS, the City of Hutchinson, County of McLeod, Minnesota State Department of Transportation and the Township of Hutchinson have authorized the Grantee to accept the Board's grant on their • behalf; and WHEREAS, the Grantee understands that the Board will not reimburse the Grantee for any costs incurred for the Project prior to the date on which the contract is executed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA that the Grantee hereby authorizes and approves execution of the grant contract with the Board for $140,000 to accomplish the Project; and BE IT RESOLVED that the Grantee's City Council is hereby authorized and directed to sign and submit a grant contract for said grant funds. Adopted this 26th day of April 1994, by the City Council of Hutchinson, Minnesota. Mayor Marlin Torgerson City Administrator Gary D. Plotz • State of Minnesota Board of Government innovation and Cooperation Suite 400 a 525 Park Street a Saint Paul, Minnesota 55103 9 612/282.2390 a Fax 612/282.2391 January 31, 1994 Richard B. Kjonaas County Engineer McLeod County Highway Department Box 236 Glencoe, Minnesota 55336 Re: Grant Number SS -93 -14 Dear Mr. Kjonaas: Earlier this month, the Board of Government Innovation and Cooperation received 69 grant applications, requesting a total of $3.2 million. These applications were reviewed and scored by members of the Board. At its January 28 meeting, the Board considered the ranking given • to the grant applications by the reviewers and determined which of them it would fund. 1 am pleased to inform you that your application was among those chosen for the Board for funding; you have been awarded $140,000. The next step in the process is for us to negotiate a grant contract that will specify the duties you will perform. I will be contacting you soon regarding the contents of the contract; enclosed is a copy of the draft standard format that has been approved by the Board. Please note the following: ► Executing a state contract can be cumbersome. We will do our best to facilitate the process, but please be aware that problems can and often do arise. ► Under state law, we cannot reimburse you for any activities you do before the date the contract is executed. Please be sure that you do not begin any project activities until you hear from me that your contract has been executed. ► You will need to designate one of your applicant agencies as the fiscal host of the project. That agency will sign the contract on behalf of all the other applicants, receive the check from us, and be accountable for fulfillment of the "contractor's duties." ► To complete the contract form, 1 will need the following information about the fiscal • host: k, January 31, 1994 Page 2 9 Correct, complete legal name Mailing address Minnesota tax ID number Federal employer ID number if the host has one Evidence that the fiscal host is in compliance with state workers' compensation requirements (a copy of a documentation form is enclosed) ► If you are not sure who has authority to sign contracts on behalf of the fiscal host, you will save some time by finding out now. If it is an administrative officer, you need to make sure that a resolution has been adopted by the governing body that authorizes that person to sign any or this specific contract on behalf of the local government. ► When the Board voted to award you a grant contract, it also requested that grant funds not be released under your contract until firm commitments by all parties are in place to fully fund construction of the facility. Once those commitments have been received, the Board intends to issue you a lump -sum check. ► Under the terms of the contract, you will be providing us with quarterly reports telling us what progress you have made on your project and how you have spent the grant funds to date. If for some reason you do not fully expend the grant, you will be required to refund any unspent money to the Board. . ► As we informed you earlier, if you do not comply with the provisions of the contract, you will be required to repay the grant. For Service Budget Management Model and Cooperation Planning grants, the Board may require you to repay all or part of the grant if you do not implement the model or plan. ► If you decide to subcontract any of the project activities to someone else not already described or named in your application, you must get written approval from us first. I look forward to working with you as you implement your project. Please feel free to contact me at any time if you have questions or concerns. Sincerely, Pati Maier Executive Director LJ t • • Grant Contract No. Cooperation and _ between the Board of Government Innovation and STATE OF MINNESOTA GRANT CONTRACT DRAFT THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Board of Government Innovation and Cooperation (hereinafter BOARD), And: * ** Address: * ** Soc. Sec. or MN Tax ID No.: * ** Federal Employer ID No. (if applicable): * ** (Notice to grantee: you are required by Minnesota Statutes, Section 270.66, to provide your social security number or Minnesota Tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state rax liabilities. This grant contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in the payment of state obligations.) (hereinafter GRANTEE), witnesseth that: WHEREAS, the BOARD, pursuant to Minnesota Statutes 465.798 for .799 or .80] is authorized to award Service Budget Management Model for Cooperation Planning or Service Sharing] grants; AND WHEREAS, the BOARD has awarded a Service Budget Management Model [or Cooperation Planning or Service Sharing] grant to the GRANTEE; AND WHEREAS, the GRANTEE represents that it is duly qualified and willing to perform the duties set forth herein, NOW THEREFORE, it is agreed: I. GRANTEE'S DUTIES. The GRANTEE, who is not a state employee, shall: * ** [description of the duties to be taken from the grant application; duties for Service Budget Management Model and Cooperation Planning grants to include a work product.] II. CONSIDERATION AND TERMS OF PAYMENT. Page 1 of _ Grant Contract No. between the Board of Government Innovation and • Cooperation and A. Consideration for all services performed and goods or materials supplied by the GRANTEE pursuant to this grant contract shall be paid by the BOARD as follows: 1. The total obligation of the BOARD for all compensation and reimbursements to the GRANTEE shall not exceed dollars 2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the GRANTEE's performance of the grant contract shall not exceed dollars ($ �, provided that the GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. The GRANTEE shall not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval for such out -of -state travel from the BOARD. 3. Compensation shall be consistent with the Project Line Item Budget • below. The GRANTEE shall not seek, nor shall the BOARD pay, compensation to the GRANTEE for any indirect, overhead, or administrative costs not otherwise included as an expense within the Project Line Item Budget. Proiect Line_Item Budget The GRANTEE shall adhere to the following project budget in performing its duties and responsibilities as specified in this grant contract: * ** [line item budget to be taken from the grant application] Modifications within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the BOARD, so long as notification of such modifications is made through the submitted quarterly expenditure reports. Provided, however, that the total obligation of the BOARD for all compensation and reimbursements to the GRANTEE shall not exceed dollars ($ . _). B. TERMS OF PAYMENT Page 2 of _ 0 • Grant Contract No. between the Board of Government Innovation and Cooperation and 1. A lump -sum payment of dollars ($ shall be made by the BOARD promptly after this grant contract is executed. 2. The GRANTEE shall submit a quarterly financial report listing expenditures for services performed under this grant contract. The GRANTEE shall maintain documentation of its expenditures through receipts, invoices, travel vouchers, and time sheets. Financial reports shall be submitted in a form prescribed by the BOARD. The GRANTEE agrees to provide the BOARD with financial reports that are due on the dates listed below: * ** [quarterly schedule until end of contract term; the end date will reflect the Board's need to monitor that Service Budget Management Model and Cooperation Planning grants have been implemented according to the model /plan.] III. CONDITIONS OF PAYMENT. All services by the GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the BOARD, as determined in the sole • discretion of its authorized agent, and in accord with all applicable federal, state, and local law, ordinance, rule, or regulation. IV. TERM OF GRANT CONTRACT. This grant contract shall be effective on 1994, or upon such date as it is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect, except for the requirements specified in this grant contract with completion dates that extend beyond the termination date specified in this sentence, until , 199 , or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. A. The GRANTEE shall have ninety (90) days immediately following the end of the grant contract period to liquidate all unpaid obligations related to the project incurred prior to the end of the grant period and to submit a detailed accounting of these cumulative expenditures to the BOARD. B. The GRANTEE will return to the BOARD all funds provided by the BOARD that are not expended for allowable project costs within ninety (90) days following the end of the grant contract period. C, Should the BOARD find that the GRANTEE did not implement the service budget management model [or cooperation plan] according to the terms of this grant contract, the BOARD may require the GRANTEE to repay all or a portion Page 3 of _ Grant Contract No. between the Board of Government innovation and . Cooperation and of the grant contract monies. V. CANCELLATION. A. Upon the GRANTEE's failure to comply with all provisions of this grant contract, the BOARD may terminate this grant contract. The termination shall be effective upon the BOARD giving the GRANTEE written notice at its last known address. Should the GRANTEE fail to comply with the provisions of this grant contract, the GRANTEE shall refund to the BOARD all grant monies previously paid. B. The BOARD or the GRANTEE may cancel this grant contract at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such cancellation, the GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. C. Should this grant contract be terminated prior to the scheduled date, the GRANTEE shall refund to the BOARD all remaining unexpended grant contract monies within forty-five (45) days of the date of effective termination. • VI. BOARD'S AUTHORIZED AGENT. The BOARD's authorized agent for the purposes of administration of this grant contract is Pati Maier, Executive Director, or her successor in office. Such agent shall have the authority to accept the GRANTEE's services and if such services are accepted as satisfactory, shall so certify on each quarterly financial report submitted pursuant to Section II, paragraph B. VII. ASSIGNMENT. The GRANTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the BOARD. VIII. AMENDMENTS. Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original grant contract or their successors in office. IX. LIABILITY. The GRANTEE agrees to indemnify and save and hold the BOARD, its agents, and employees harmless from any and all claims or causes of action arising from the performance pf this grant contract by the GRANTEE or the GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies the GRANTEE may have for the BOARD's failure to fulfill its obligations pursuant to this grant contract. 9 Page 4 of _ 0 0 0 Grant Contract No. Cooperation and _ between the Board of Government Innovation and X. AUDIT REQUIREMENTS. The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the BOARD, the legislative auditor, and the state auditor. Records shall be sufficient to reflect all costs incurred in performance of this grant contract. The GRANTEE also agrees to make all its financial records to the grant contract available to the BOARD upon request during normal working hours and to provide, upon request, a copy of any report, completed by an independent auditor, to the BOARD. Xl. ACCESS TO DOCUMENTS. The BOARD shall have access to any reports, studies, photographs, negatives, videotapes, software, or other work products prepared by the GRANTEE in the performance of its obligations under this grant contract upon completion, termination, or cancellation of this grant contract. The GRANTEE shall provide a copy of such materials to anyone who requests it at no cost other than the cost of preparing the copy. XII. WORKER'S COMPENSATION. In accordance with the provisions of Minnesota Statutes, Section 176.182, the GRANTEE has provided acceptable evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, subdivision 2. XIII. ANTITRUST. The GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this grant contract resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XIV. VOTER REGISTRATION. The GRANTEE shall provide nonpartisan voter registration services and assistance, using forms provided by the BOARD, to employees of the GRANTEE and the public, as required by Minnesota Statutes, Section 201.162. XV. USE OF GRANT CONTRACT FUNDING. The GRANTEE certifies that no funding provided under this grant contract will be used to support religious counseling or partisan political activity. XVI. OTHER PROVISIONS. A. The GRANTEE agrees to utilize competitive bidding and other procedures required by federal, state, and local laws, ordinances, or regulations governing purchasing and fiscal procedures. B. The GRANTEE agrees to provide the BOARD with the following grant contract Page 5 of _ Grant Contract No. between the Board of Government Innovation and • Cooperation and status reports, which are due on the dates listed below: * ** [quarterly schedule until the end of the contract term] C. The BOARD shall, during the course of this grant contract, evaluate the GRANTEE's progress towards the goals and objectives of the grant contract and compliance with any special conditions. The BOARD reserves the right to request additional information from the GRANTEE to carry out its evaluation. D. IF the GRANTEE decides to fulfill any of its obligations and duties under this grant contract through a subcontractor to be paid for by funds received under this grant contract, the GRANTEE shall not execute a contract with the subcontractor or otherwise enter into a binding agreement until it has first received written approval from the BOARD. The BOARD will respond to requests from the GRANTEE for authorization to subcontract within ten (10) working days of receiving the request. The GRANTEE's payment to the subcontractor shall be made within the time limits, subject to the interest penalty payments, and subject to all other provisions of Minnesota Statutes section 16A.1245. There are no further substantive provisions to this contract; the signatures of the authorized • representatives of the parties to this grant contract who are executing it on their behalf appear on the next page. 0 Page 6 of _ Page 7 of _ Grant Contract No. between the Board of Government Innovation and Cooperation and IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed, intending to be bound thereby. (1) GRANTEE: (3) ATTORNEY GENERAL: By: By: Title: Title: Date: Date: By: (4) COMMISSIONER OF ADMINISTRATION Title: By: Date: Title: (2) BOARD: Date: By: (5) COMMISSIONER OF FINANCE Title: By: Date: Title: By: Date: Title: Date: Page 7 of _ MINNESOTA BOARD OF GOVERNMENT INNOVATION AND COOPERATION Service Sharing Grants Final Review Application number. SS -93- 14 Name of first applicant: APPLICANTS Poi=: Number of qualified applicants =_ x 5 = 2O (maximum number of points = 30) IEUeble Applli ca i(m: If there are not at least two qualified applicants, the application is ineligible N)I�G • j Copy to ` Eligible • Resolution • Exclusive Applicant Applicant? Submitted? Rep? I Signature? Qualified? (1) (1) (9) (10) (Sig) 4"it.hi ( A, No Q No Yes No Yes No Y No McCleaol C-0. ® No Q No Yes No es No No F1n boo r No Yes No es No e5 No a No �U+`�sanTw�1� Yes No `'E Yes No Yes o Yes No Y No Yes No Yes No Yes No Yes No Yes No Yes No ? Yes No ! Yes No Yes No Yes No Poi=: Number of qualified applicants =_ x 5 = 2O (maximum number of points = 30) IEUeble Applli ca i(m: If there are not at least two qualified applicants, the application is ineligible N)I�G • KIb7it�y Foi=: State grant's share of all necessary one -time only start-up costs = (4) state grant requested = 2 s o, o o o (5) total start -up costs = 4000,00a _ 9 % �0 <_ 25 % = 10 points 26% - 49% = 5 points �. 50% = 0 points Cost benefit ratio = (6-1) projected annual cost sves _ S5,zoo (4) state grant requested = 250, Goo 2.3$ 080 (,) 5 decimals • best ratio = 2-0.34554 (b) 5 decimals pro rata share of 20 points = 2 (a) + (b) z 20 Eligible Ap plicadon: (5) If the costs are not one -time only start-up costs, the application is ineligible B*G (6.1) If the costs are for a joint purchase, not to integrate a service or function, T[X ``LIG the application is ineligible • �i Eligible Application: (6-1) If the ZPplication does not propose to enter into an agreement for the joint W IG exercise of powers, the application is ineligible ' Page 2 TIl1IE COMMITMENT • pCints (8) Minimum length of time applicants committed to implementing the plan = 2 O years (a) best length = 20 years (n) pro rata share of 5 points = S (a) -(b)xs TOTAL POINTS 37 --------------- REVIEW SUMMARY Board Review (Average of the points awarded by the Board reviewers) Merits of the description of the services to be provided (5 points maximum) Merits of the description of the need for financial assistance 10 (20 points maximum) Merits of the description of the desired outcomes io (10 points maximum) Staff Review Total Points Eligible Application Subtotal: 20 Subtotal: 3l Total: 5-1 YES NO Page 3 U • Grant Contract No. between the Board of Government Innovation and Cooperation and STATE OF MINNESOTA DRAFT GRANT CONTRACT THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Board of Government Innovation and Cooperation (hereinafter BOARD), And: * ** Address: * ** Soc. Sec. or MN Tax ID No.: * ** Federal Employer ID No. (if applicable): * ** (Notice to grantee: you are required by Minnesota Statutes, Section 270.66, to provide your social security number or Minnesota Tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require . you to file state tax returns and pay delinquent state tax liabilities. This grant contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in the payment of state obligations.) E (hereinafter GRANTEE), witnesseth that: WHEREAS, the BOARD, pursuant to Minnesota Statutes 465.798 for .799 or .801 is authorized to award Service Budget Management Model [or Cooperation Planning or Service Sharing] grants; AND WHEREAS, the BOARD has awarded a Service Budget Management Model [or Cooperation Planning or Service Sharing] grant to the GRANTEE; AND WHEREAS, the GRANTEE represents that it is duly qualified and willing to perform the duties set forth herein, NOW THEREFORE, it is agreed: I. GRANTEE'S DUTIES. The GRANTEE, who is not a state employee, shall: * ** [description of the duties to be taken from the grant application; duties for Service Budget Management Model and Cooperation Planning grants to include a work product.] Il. CONSIDERATION AND TERMS OF PAYMENT. Page 1 of _ Grant Contract No. between the Board of Government Innovation and • Cooperation and A. Consideration for all services performed and goods or materials supplied by the GRANTEE pursuant to this grant contract shall be paid by the BOARD as follows: 1. The total obligation of the BOARD for all compensation and reimbursements to the GRANTEE shall not exceed dollars 2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the GRANTEE's performance of the grant contract shall not exceed dollars ($ ._), provided that the GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee. Relations. The GRANTEE shall not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval for such out -of -state travel from the BOARD. 3. Compensation shall be consistent with the Project Line Item Budget • below. The GRANTEE shall not seek, nor shall the BOARD pay. compensation to the GRANTEE for any indirect, overhead, or administrative costs not otherwise included as an expense within the Project Line Item Budget. Project Line Item Budget The GRANTEE shall adhere to the following project budget in performing its duties and responsibilities as specified in this grant contract: * ** [line item budget to be taken from the grant application) Modifications within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the BOARD, so long as notification of such modifications is made through the submitted quarterly expenditure reports. Provided, however, that the total obligation of the BOARD for all compensation and reimbursements to the GRANTEE shall not exceed dollars ($ ). B. TERMS OF PAYMENT Page 2 of _ L 0 Grant Contract No. Cooperation and _ between the Board of Government Innovation and A lump -sum payment of dollars ($ ._) shall be made by the BOARD promptly after this grant contract is executed. 2. The GRANTEE shall submit a quarterly financial report listing expenditures for services performed under this grant contract. The GRANTEE shall maintain documentation of its expenditures through receipts, invoices, travel vouchers, and time sheets. Financial reports shall be submitted in a form prescribed by the BOARD. The GRANTEE agrees to provide the BOARD with financial reports that are due on the dates listed below: * ** [quarterly schedule until end of contract term; the end date will reflect the Board's need to monitor that Service Budget Management Model and Cooperation Planning grants have been implemented according to the model /plan.] III. CONDITIONS OF PAYMENT. All services by the GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the BOARD, as determined in the sole 40 discretion of its authorized agent, and in accord with all applicable federal, state, and local law, ordinance, rule, or regulation. IV. TERM OF GRANT CONTRACT. This grant contract shall be effective on 1994, or upon such date as it is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect, except for the requirements specified in this grant contract with completion dates that extend beyond the termination date specified in this sentence, until , 199_, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. A. The GRANTEE shall have ninety (90) days immediately following the end of the grant contract period to liquidate all unpaid obligations related to the project incurred prior to the end of the grant period and to submit a detailed accounting of these cumulative expenditures to the BOARD. B. The GRANTEE will return to the BOARD all funds provided by the BOARD that are not expended for allowable project costs within ninety (90) days following the end of the grant contract period. C. Should the BOARD find that the GRANTEE did not implement the service budget management model for cooperation plan] according to the terms of this grant contract, the BOARD may require the GRANTEE to repay all or a portion Page 3 of _ Grant Contract No. between the Board of Government Innovation and . Cooperation and of the grant contract monies. V. CANCELLATION. A. Upon the GRANTEE's failure to comply with all provisions of this grant contract, the BOARD may terminate this grant contract. The termination shall be effective upon the BOARD giving the GRANTEE written notice at its last known address. Should the GRANTEE fail to comply with the provisions of this grant contract, the GRANTEE shall refund to the BOARD all grant monies previously paid. B. The BOARD or the GRANTEE may cancel this grant contract at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such cancellation, the GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. C. Should this grant contract be terminated prior to the scheduled date, the GRANTEE shall refund to the BOARD all remaining unexpended grant contract monies within forty -five (45) days of the date of effective termination. • VI. BOARD'S AUTHORIZED AGENT. The BOARD's authorized agent for the purposes of administration of this grant contract is Pati Maier, Executive Director, or her successor in office. Such agent shall have the authority to accept the GRANTEE's services and if such services are accepted as satisfactory, shall so certify on each quarterly financial report submitted pursuant to Section II, paragraph B. VII. ASSIGNMENT. The GRANTEE shall neither assign tar transfer any rights or obligations under this grant contract without the prior written consent of the BOARD. VIII. AMENDMENTS. Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original grant contract or their successors in office. IX. LIABILTTY. The GRANTEE agrees to indemnify and save and hold the BOARD, its agents, and employees harmless from any and all claims or causes of action arising from the performance pf this grant contract by the GRANTEE or the GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies the GRANTEE may have for the BOARD's failure to fulfill its obligations pursuant to this grant contract. • Page 4 of _ • Grant Contract No. between the Board of Government Innovation and Cooperation and X. AUDIT REQUIREMENTS. The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the BOARD, the legislative auditor, and the state auditor. Records shall be sufficient to reflect all costs incurred in performance of this grant contract. The GRANTEE also agrees to make all its financial records to the grant contract available to the BOARD upon request during normal working hours and to provide, upon request, a copy of any report, completed by an independent auditor, to the BOARD. XI. ACCESS TO DOCUMENTS. The BOARD shall have access to any reports, studies, photographs, negatives, videotapes, software, or other work products prepared by the GRANTEE in the performance of its obligations under this grant contract upon completion, termination, or cancellation of this grant contract. The GRANTEE shall provide a copy of such materials to anyone who requests it at no cost other than the cost of preparing the copy. XII. WORKER'S COMPENSATION. In accordance with the provisions of Minnesota Statutes, Section 176.182, the GRANTEE has provided acceptable evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota • Statutes, Section 176.181, subdivision 2. XIII. ANTITRUST. The GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and /or services provided in connection with this grant contract resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XIV. VOTER REGISTRATION. The GRANTEE shall provide nonpartisan voter registration services and assistance, using forms provided by the BOARD, to employees of the GRANTEE and the public, as required by Minnesota Statutes, Section 201.162. XV. USE OF GRANT CONTRACT FUNDING. The GRANTEE certifies that no funding provided under this grant contract will be used to support religious counseling or partisan political activity. XVI. OTHER PROVISIONS. A. The GRANTEE agrees to utilize competitive bidding and other procedures required by federal, state, and local laws, ordinances, or regulations governing purchasing and fiscal procedures. . B. The GRANTEE agrees to provide the BOARD with the following grant contract Page 5 of _ Grant Contract No. between the Board of Government Innovation and • Cooperation and status reports, which are due on the dates listed below: * ** [quarterly schedule until the end of the contract term] C. The BOARD shall, during the course of this grant contract, evaluate the GRANTEE's progress towards the goals and objectives of the grant contract and compliance with any special conditions. The BOARD reserves the right to request additional information from the GRANTEE to carry out its evaluation. D. IF the GRANTEE decides to fulfill any of its obligations and duties under this grant contract through a subcontractor to be paid for by funds received under this grant contract, the GRANTEE shall not execute a contract with the subcontractor or otherwise enter into a binding agreement until it has first received written approval from the BOARD. The BOARD will respond to requests from the GRANTEE for authorization to subcontract within ten (10) working days of receiving the request. The GRANTEE's payment to the subcontractor shall be made within the time limits, subject to the interest penalty payments, and subject to all other provisions of Minnesota Statutes section 16A.1245. There are no further substantive provisions to this contract; the signatures of the authorized representatives of the parties to this grant contract who are executing it on their behalf appear on the next page. Page 6 of _ • • MINNESOTA BOARD OF GOVERNMENT INNOVATION AND COOPERATION Service Sharing Grants Final Review Application number: SS -93- 14 Name of first applicant: 6""rWV-% APPLICANTS Applicant (1) Eligible Applicant? (1) Resolution f Submitted? (9) Copy to Exclusive Rep? I (10) Signature? (Sig) Qualified? ( Ye No es No Yes No Yes No Ye No Mccia & C-0. ® No es No Yes No l Yes No es No M, adT- Ye No Yes No es No es No ©e No �[aiilv�.sccnTt nsl. Yes No Yes No Yes o Yes No Ye No Yes No Yes No Yes No E Yes No Yes No Yes No `: Yes No Yes No Yes No Yes No TLCik,,Cu *U*Y 4- Points: Ccw f.495; 4.- s.ppis} iiwesl%rps?v. Number of qualified applicants =_ x 5 = 20 (maximum number of points = 30) • If there are not at least two qualified applicants, the application is ineligible II)(IG Points: State grant's share of all necessary one -time only start-up costs = (4) state grant requested = 290, 000 (5) total start-up costs = 40001000 _ 9 % t0 <_ 25 % = 10 points 26% - 49% = 5 points >_ 50% = 0 points Cost benefit ratio = (6-2) proiected annual cost svgs = 9�5.zoo (4) state grant requested = 250, 000 = 1.3$080 5 decimals best ratio = 20.341554 (b) 5 decimals pro rata share of 20 points = Z (a) +(b)x20 Eligible Application: (5)' If the costs are not one -time only start-up costs, the application is ineligible X*G (6-1) If the costs are for a joint purchase, not to integrate a service or function, 1 ``JG the application is ineligible JOINT POWERS IEUgiible Application: (6-1) If the application does not propose to enter into an agreement for the joint Vv IG exercise of powers, the application is ineligible ' Page 2 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON April 22, 1994 RE: Ernest & Beverly Svanda Our File No. 3244 -93069 Dear Gary: OF COUNSEL WILLIAM W. CAMEBON RAYMOND C- I AI.LIER 5881 CEDAR IAEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800 -343 -4545 FAX(612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 369 -5506 I am writing to you today with respect to the above referenced individuals who own property which is part of the Hutchinson Airport project. The City has filed most of the necessary paperwork to take possession of Mr. and Mrs. Svanda's property, but has not yet filed their approved appraisal in connection with the acquisition of their property. I am enclosing a copy of a drawing of their property so that the Council can see the relatively minor amount of territory that is taken as a result of the City's airport project. As is required by law, the City hired an appraiser who conducted a fairly thorough appraisal of the property. A copy of the portion of the appraisal that makes specific findings regarding value is also enclosed. Finally, I am enclosing a copy of my correspondence to John Rodeberg dated March 9, 1994 regarding the position taken by Bud Maynard, a local real estate agent, on behalf of Mr. and Mrs. Svanda. I have outlined in that correspondence a proposed offer to be made to Mr. and Mrs. Svanda to resolve their condemnation claim. Please note that any additional monies offered by the City would be offered solely at our own expense; in other words, these additional commitments, a potential curb cut and an increase in the offer previously made, would not be subject to state reimbursement. If we want to go through the laborious process of recertifying the appraisal, it is possible the State might agree to reimburse a is portion of these additional funds, but I think it would be of more benefit to the City to get this matter resolved at the present time. , 6,.— 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION IA **CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD . GARY D. XCDOWELL STEVEN A. ANDERSON O.BARRY ANDERSON' STEVEN S.HOGE LAURA X. FRETLAND DAVID A. BRUF.00EMANN PAUL D. DOVE-- JOSEPH M. PAIEMENT JAMES UTLEY RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON April 22, 1994 RE: Ernest & Beverly Svanda Our File No. 3244 -93069 Dear Gary: OF COUNSEL WILLIAM W. CAMEBON RAYMOND C- I AI.LIER 5881 CEDAR IAEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800 -343 -4545 FAX(612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 369 -5506 I am writing to you today with respect to the above referenced individuals who own property which is part of the Hutchinson Airport project. The City has filed most of the necessary paperwork to take possession of Mr. and Mrs. Svanda's property, but has not yet filed their approved appraisal in connection with the acquisition of their property. I am enclosing a copy of a drawing of their property so that the Council can see the relatively minor amount of territory that is taken as a result of the City's airport project. As is required by law, the City hired an appraiser who conducted a fairly thorough appraisal of the property. A copy of the portion of the appraisal that makes specific findings regarding value is also enclosed. Finally, I am enclosing a copy of my correspondence to John Rodeberg dated March 9, 1994 regarding the position taken by Bud Maynard, a local real estate agent, on behalf of Mr. and Mrs. Svanda. I have outlined in that correspondence a proposed offer to be made to Mr. and Mrs. Svanda to resolve their condemnation claim. Please note that any additional monies offered by the City would be offered solely at our own expense; in other words, these additional commitments, a potential curb cut and an increase in the offer previously made, would not be subject to state reimbursement. If we want to go through the laborious process of recertifying the appraisal, it is possible the State might agree to reimburse a is portion of these additional funds, but I think it would be of more benefit to the City to get this matter resolved at the present time. , 6,.— 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION IA **CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz April 22, 1994 Page 2 I would like to have council action on this matter at this coming Tuesday evening's meeting, if possible. Thank you for your time and attention to these matters. Best regards. Very truly you ;s, G ; r�04 GB A• Enclosures LJ Although Mr. Maynard has not formalized his opinion in a written fashion, he and I had an extensive discussion this past Friday, March 4, 1994 regarding the valuation issues. He concludes that approximately 2.9 acres of property owned by Mr. and Mrs. Svanda would have potential as development land and because of the actions taken by the city, it now has potential only as agricultural land. He feels that as development land it would have a value of $14,500.00 and as agricultural land has a value of only $2,465.00 leaving a net damage figure of $12,035.00. His analysis is premised on the assumption that the Department of Transportation will not allow a curb cut on Highway 15 when preexisting curb cuts are within 660 feet. If the city goes ahead with its access acquisition, this will place a curb cut for city access which will be approximately 630 feet (or less) from the curb cut for County Highway 8. In Mr. Maynard's view, the property north of the proposed access will then lose its development potential because of the inability to gain access to the parcel. I don't think much of this argument. First, the proposed access which Maynard agrees is at the southerly most portion of their property, is probably the only place the Department of • Transportation would allow access to Highway 15 if, indeed, any access at all is to be granted. If the distance requirements as Mr. Maynard has set them out are accurate, 660 feet is the absolute minimum distance the state will permit. If this is true, then the total parcel, which 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION —CERTIFIED AS A REAL PROPERTY LAW 9PFC1ALt ST AY TAE MINNESOTA STATE BAR ASSOCIATION ABNOLD & MCDOWELL • DAVID IS ANNOLOI ATTORNEYS AT LAW GARY D. X- DOWELL OF COUNSEL WILLIAM W. CAMERON STEVEN A. ANDERSON 5881 CEDAR LAKE ROAD RAYMOND C. LALLIER G. BARRY ANDERSON ` MINNEAPOLIS, MINNESOTA 5 3 416 -14 92 STEVEN S. HOGE 501 SOUTH FOURTH STREET LAURA R. PRETIAND 16121 545 - 9000 PpINCETON, MINNESOTA 56391 DAVID A. SRUEGOEMANI: MN TOLL FREE BOO - 343 -4346 16121089 -2214 PAUL D. DOVE • • FAX 16121 346-1793 FAX 16121 089-5500 JOSEPH M. PAIEMENTI — RICHARD G. XCGEE 101 PARR PLACE CATHRYN D. REBER RUTCHINSON. MINNESOTA 66330 GINA M. BRANDS March 9, 1994 16121587-7575 BRETT D. ARNOLD FAX 16121 587 -4096 1 ALSO ADMITTED IN TEXAS AND NEN YORR 'ALSO wn:vp7en 1x wISCOFS:n John Rodeberg, City Engineer City of Hutchinson City Center 111 Hassan Street J.E. Hutchinson, MN 55350 RE: . Ernest Beverly Svanda Our File No. 3244 -93069 Dear John: I have now had a chance to visit with Bud Maynard, a local real estate agent, who has investigated the city's acquisition of property for Mr. and Mrs. Svanda and has given an informal opinion to Leland Frankman, an attorney in Minneapolis who represents Mr. and Mrs. Svanda. Although Mr. Maynard has not formalized his opinion in a written fashion, he and I had an extensive discussion this past Friday, March 4, 1994 regarding the valuation issues. He concludes that approximately 2.9 acres of property owned by Mr. and Mrs. Svanda would have potential as development land and because of the actions taken by the city, it now has potential only as agricultural land. He feels that as development land it would have a value of $14,500.00 and as agricultural land has a value of only $2,465.00 leaving a net damage figure of $12,035.00. His analysis is premised on the assumption that the Department of Transportation will not allow a curb cut on Highway 15 when preexisting curb cuts are within 660 feet. If the city goes ahead with its access acquisition, this will place a curb cut for city access which will be approximately 630 feet (or less) from the curb cut for County Highway 8. In Mr. Maynard's view, the property north of the proposed access will then lose its development potential because of the inability to gain access to the parcel. I don't think much of this argument. First, the proposed access which Maynard agrees is at the southerly most portion of their property, is probably the only place the Department of • Transportation would allow access to Highway 15 if, indeed, any access at all is to be granted. If the distance requirements as Mr. Maynard has set them out are accurate, 660 feet is the absolute minimum distance the state will permit. If this is true, then the total parcel, which 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION —CERTIFIED AS A REAL PROPERTY LAW 9PFC1ALt ST AY TAE MINNESOTA STATE BAR ASSOCIATION John Rodeberg • March 9, 1994 Page 2 is only about 730.49 feet in length, can have access only on the southerly 70 feet or so. In other words, access is an issue only if you assume that the city is gaining exclusive access. It seems to me most appropriate for the city to take into account the point made by Mr. Maynard and to grant to Mr. and Mrs. Svanda the right to provide access to the Highway 15 frontage by way of a service road off of the city's access. Perhaps the city would be willing to throw in the cost of the curb cut as a further inducement to resolve this matter. The second point worth making is that Mr. Maynard concludes that the property has a value of $14,500.00 as development potential which means that he is using a per acre calculation of approximately $5,000.00 per acre. If we accept his number as reasonable, given that we are dealing with only .479 acres, perhaps the city would be willing to agree to a payment of $2,395.00 which represents a taking at the higher commercial figure. This would be an excellent result for Mr. and Mrs. Svanda in that the property that they are losing to the city, and are being compensated for, they would probably have to dedicate to public use anyway in order to properly develop their property. Under the circumstances, this might be a fair result. The additional cost to the city would be the less than a $1,000.00 in additional land acquisition costs plus the future curb cut expenditure. If the city was not comfortable with the latter approach, we could estimate the cost of a curb cut off of the city's service road, when and if it is installed, and agree to give Mr. and Mrs. Svanda a credit for that expense at the time they develop their property. Please give this matter some thought and get back to me at your convenience. To assist you in your review of this matter, I am enclosing a copy of Mr. Maynard's handwritten drawing, the survey prepared by Mr. Pellinen and the Minnesota Department of Transportation Highway 15 plan. I realize you may have some of these documents in your possession, but having them at hand may make your review of this matter easier. Perhaps we could discuss this in the near future. Best personal regards. Very truly vours_ GBA/pb Enclosures • 1 ,6 Lorence and Associates �. PROFESSIONAL REAL ESTATE APPRAISERS f P.O. BOX 25 GLENCOE, MINNESOTA 55336 - (612) 6646693 GLENCOE - (612) 587 -9538 HUTCHINSON MR. JOHN RODEBERG, P.E. DIRECTOR OF ENGINEERING CITY OF HUTCHINSON 37 WASHINGTON AVE WEST HUTCHINSON, MN 55350 NOVEMBER 30, 1992 RE: TAKING OF .479 ACRES OF MCLEOD COUNTY R.E. PARCEL 009- 013' -0500 SECTION 13, LYNN TOWNSHIP HUTCHINSON, MN 55350 DEAR MR. RODEBERG, PER YOUR REQUEST I HAVE COMPLETED AN APPRAISAL OF THE ABOVE REFERENCED PROPERTY AS OF NOVEMBER 30, 1992. THE PURPOSE OF THIS APPRAISAL IS TO ESTIMATE THE MARKET VALUE OF FEE SIMPLE TITLE OF THIS PROPERTY AS OF NOVEMBER 30, 1992. MARKET VALUE IS DEFINED IN THE BODY OF THIS REPORT. IT IS THE OPINION OF THIS APPRAISER, THAT THE APPRAISAL PROCESS EMPLOYED INDICATES A MARKET VALUE ESTIMATE OF: • ONE THOUSAND SEVEN HUNDRED DOLLARS AND N01100S ($1,700.00) IT IS MY UNDERSTANDING THAT THIS APPRAISAL REPORT WILL BE UTILIZED BY THE CITY OF HUTCHINSON FOR PURPOSES OF CONSIDERING A PURCHASE OF THE ABOVE REFERENCED PROPERTY FOR AIRPORT MANAGEMENT PURPOSES. PLEASE CALL SHOULD ANY QUESTIONS ARISE DURING YOUR REVIEW. THANK YOU FOR ALLOWING ME TO BE OF SERVICE. SINCERELY, 44Ao--- DAVID J. RENCE C` �L ,North line of NE 1/4 of Sec.13, T. 116 N., R. 30W. I i S89 °44' 16'W I( A 1356.61 W mD N M m O NIO1 N 33.30,., -- -�� 41.70 W ' m N N m M N O N O '0 50 100 200 - r m .O O O scole in feet That part of the North Half of the Northeast Quarter of Section 13, Township 116 North, Range 30 West of the 5th Principal Meridian, described as follows: Beginning at a point of the westerly right of way line of State Highway No. 15, a distance of 630.49 feet southerly of the north line of said Northeast Quarter; thence southerly, along said right of way line, a distance of 100.00 feet; thence westerly,'parallel with said north.line, a distance of 208.71 feet; thence northerly, parallel with said right of way line, a distance of 100.00 feet; thence easterly, parallel with said north line, a distance of 208.71 feet to the point of be- ginning. 26.13 A- 0'02'38 COI O V O V J a: N O °o O -o 00 d J N89 °44'16 "E -- 206.71— 0.479 ACRES 589 °44'16'N —206.71— o M r O N89 °44'16 -E ' m M ...1147.90— ...., UI ' - --- -�I 12.37'::_:(... ' O SO °03'28"E o O V r ~ ,3 rn - 3 t d S ,N ....' 208,71-- - N89 °44'16 "E , RT I e0 O N M v V V r „ V O ¢ n '0 50 100 200 - r m .O O O scole in feet That part of the North Half of the Northeast Quarter of Section 13, Township 116 North, Range 30 West of the 5th Principal Meridian, described as follows: Beginning at a point of the westerly right of way line of State Highway No. 15, a distance of 630.49 feet southerly of the north line of said Northeast Quarter; thence southerly, along said right of way line, a distance of 100.00 feet; thence westerly,'parallel with said north.line, a distance of 208.71 feet; thence northerly, parallel with said right of way line, a distance of 100.00 feet; thence easterly, parallel with said north line, a distance of 208.71 feet to the point of be- ginning. 26.13 A- 0'02'38 COI O V O V J a: N O °o O -o 00 d J N89 °44'16 "E -- 206.71— 0.479 ACRES 589 °44'16'N —206.71— o M r O Z _ p m M Z UI n rNn Vml I O MiM m; o O V r ~ " rn - 3 d S -. ....' 208,71-- - N89 °44'16 "E , I n w to o O O Z 0 - . 0 so C r W o - m 75. 0 0' P_ f 9 I�i M 0 3 b rNn Vml I ONI 001 MiM m; 0 r N I N �— — — -- -. ....' 208,71-- - N89 °44'16 "E , 9 I�i Ar s s s i F 7�i Q ( - /X yd� u g, y Mr % !f �JL Gyv r7 Cis9zc, �a • DAVID B. ARNOLD GARY D. XcDOWELI. STEVEN A. ANDERSON G.RARRY ANDERSON' STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRL'EGGEMANN PAUL D. DOVE " JOSEPH M. PA3EMENT JAMES UTLEY RICHARD O. MtGEE CATHRYN D. REBER GINA M. BRANDT • ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 PAX (612) 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON April 22, 1994 Re: Hutch, Inc. vs. City of Hutchinson Our File No. 3244 -93063 OF COQNSEL IVILLLAM W. CAMERON RAYMOND C. I At 5881 CEDAR LA EE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343 -4545 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 PAX (612) 389 -5506 Dear Gary: I am enclosing herewith correspondence from Attorney Christopher A. Nelson which should be included in the Council packet this coming week. I would also appreciate it if you would include my correspondence as well. In addition to matters outlined in Attorney Nelson's letter of April 19, 1994, I discussed with Ken the unpaid water bill and suggested rather than treating it has a mandatory counter claim, and thus bringing it in this litigation, we would instead certify it for collection on the taxes. Certification would not occur until this fall and it appears that this matter will be resolved before then and we will know, as a matter of law, whether or not Hutch, Inc. owes the money in question. The procedural posture of this case at the present time is that Hutch, Inc. has not cooperated with the City's attorneys (no surprise there, I suppose) and as a consequence, the Court has prepared an Order requiring that Hutch, Inc. answer certain questions and provide certain documents and if it does not do so, its complaint will be dismissed with prejudice, which would mean that this litigation would be essentially over. I would expect that by the next City Council meeting I will have something more to report in this regard. Thank you. �^ 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION EnclosurAPiPIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 1' Cti. PUSTORINO, PEDERSON, TILTON & PARRINGTON ATTORNEYS AT LAW • SurrE 200 1005 WEsr 65TH STREET MINNERVUS. MINNESOTA 554357765 TELEPHOni (612) 9253007 April 19, 1994 Fax (672) 925 -4203 BY FACSIAHLE & U.S. MAIL Mr. John F. Bonner, III Attorney at Law 100 South Fifth Street Suite 1100 Minneapolis, MN 55402 RE: Hutch, Inc. v. City of Hutchinson Your File No: 3244 -93063 Our File No: GABC 13487 Dear Mr. Bonner: 'Peter J. Pustorino Wdham R. Pederson 'Louis R. Tilton "Jon P. Parrington Joel M. Muscoplat 'Charles J. Noel 'Kristin B. Maland Carol A. Kubic Thomas J. Misurek M. Chapin Hall Richard S. Stempel Roger H. Willhaus Tamara G. Garda Jeffrey J. Lindquist Mark J. Weaver "Christopher A. Nelson 'Al. Admired in Wieao.m ^Alw Admired N North Dekma I am in receipt of your legal assistant's letter of April 14, 1994 and unexecuted • responses to Defendant's second set of Interrogatories. I still have not received responses to the discovery served by Barry Anderson in June of 1993, nor have I received supplemental responses to Request for Production of Documents Set II, and Request for Admissions and Alternative Interrogatories. Once again, the responses that you have made are evasive and unsatisfactory. The response to Interrogatory No. 2 does not address subpart c. In addition, please state which members of the City Council, staff and residents of the mobile home park would have knowledge. I'm not clear as to what the response means when it states that members of the "City" would have knowledge. With regard to your response to Interrogatory No. 3, I am certain at this point that you must have an idea as to at least one witness who will be called at trial. Since Hutch, Inc. is the Plaintiff, it has the burden of proof and must certainly have formed a reasonable basis for the lawsuit prior to filing it. Please provide me with a response to Interrogatory No. 3. Your response to Interrogatory No. 4 is non - responsive to the request. Please describe in detail the damages for which you are making a claim in this action. . Defendant withdraws Interrogatories 5 and 6. Mr. John F. Bonner, III April 19, 1994 Page Two With respect to Interrogatory No. 7, you have objected to one phrase yet you have not responded to any other portion of the interrogatory. I do not believe that this evidences a good -faith attempt to respond. The term "non - photographic visual representation "is not vague. Please provide a response to Interrogatory No. 7. With regard to Interrogatory No. 8, again there has not been a good faith effort to respond. I have never before heard an objection to the effect that the term "physical evidence" is vague. You and I both know that this is not a vague term. Please provide a response to Interrogatory No. 8. With regard to Interrogatory No. 11, the response is only partially responsive to the request. "Has William Block, representatives of Hutch, Inc. or their attorneys consulted with an expert, whether or not there is an intention to call that expert to testify at trial? If so, please state the name and address of that expert." With respect to Interrogatory No. 12, I am unclear as to what your response actually says. I believe that there are some typographical errors in the response akin to the errors mi • Interrogatories Nos. 5 and 6. Please make sure that your amended response is responsive to the interrogatory. With regard to Interrogatory No. 13, if your response to Interrogatory No. 12 is responsive to the interrogatory, then please provide a response to Interrogatory No. 13. . Plaintiff is now in default of the Court's April 4 Order. If I do not have complete responses by noon, Thursday, April 21, 1994 I will serve an affidavit on the Court Administrator indicating Plaintiffs non - compliance with the Court's Order. Sincerely, PUSTORINO, PEDERSON, TELTON & PARRINGTON Christopher A. Nelson CAN /sf bcc: G. Barry Anderson Mark Rossow Robert Weisbrod Doug Gronli t OPEN -HOLD COUNCIL REPORT Tue Apr 26 1994 10:50:48 Page 1 1993 IMPRO CON R BARR ENGINEERING CO PROF SERV RD & UTIL PL $716.54 $716.54 1994 IMPRO CONST BOLTON & MENK, INC. PROF SERV STREET IMPRO $9,142.69 COMSTOCK DAVIS INC FEB PROF SERVICES $1,950.00 MN DEPT OF HEALTH PLAN REVIEW FEE $150.00 MPCA APPLICATION FEE $240.00 RUST ENVIRONMENT PROF, SERV -SW TRUNK $10,050.00 $21,532.69 AIRPORT RENOVAT. MATHIOWETZ CONSTRUCTION EST #7 $38,108.51 TKDA PROF SERV $2,674.36 $40,782.87 CAP.IMPRO.FUND BARR ENGINEERING CO PROF SERV -OTTER LAKE P $5,384.01 $5,384.01 CENTRAL GARAGE • ABM EQUIPMENT REPAIR VACTOR $1,899.57 BRANDON TIRE CO 6 TIRES $926.67 CARQUEST AUTO PARTS FILTERS, ETC $294.59 CHAMPION AUTO BALANCE TIRES $180.49 FARM & HOME DIST. CO ROLLER, CHAIN, ETC $72.62 FITZLOFF HARDWARE PAINT, ROLLERS, ETC $78.50 HARPEL BROS.INC OIL PRESS RETURNED $305.28 JERABEK MACHINE SERV BRACKET, FLAT IRON $30.51 JERRYS TRANSMISSION ENGINE REPAIR $787.67 MACQUEEN EQUIP INC FLANGE BRG, SHOE RUN P $896.26 PLOWMANS ROTORS $124.11 REACH EQUIPMENT SAFETY INSPECTION $445.16 RMS USED COUNTERWEIGHT $585.75 SCHRAMM IMPLEMENT ARM, BLADE $90.75 SNAP ON TOOLS CORP GRINDER $79.88 STEWARD ENTERPRISES 60 TUBES D4100 $204.48 TERMINAL SUPPLY CO PARTS $89.39 W.D. COOLING CLINIC REPAIR TANK $51.75 WIGEN CHEVROLET CO REPAIR LOWER BODY $1,083.00 $8,226.43 CITY HALL CONST. FLOOR CARE SUPPLY ARROW TRAX $494.84 • $494.84 GENERAL FUND // -A. OPEN -HOLD COUNCIL REPORT Tue Apr 26 1994 10:50:48 • AAGARD WEST ALBINSON ALLEN OFFICE PROD ALSLEBEN, LESTER AMERICAN RED CROSS AMOCO OIL CO ANDERSON'S DECORATING CENTER ANDERSON, DON & PENNY AUTOMATION SUPPLY CO B. J. BOOKSELLERS BAERTSCHI & ASSC BAKKEN, ROGER BARGEN INC BARR ENGINEERING CO BAUMETZ, ROBERT BEACON SPORTS PRODUCTS BENNETT OFFICE SUP. BIG BEAR BRIESE, LORRAINE BROBERG, ILO BROWN, JANET C.RIVER VET CLINIC CADD /ENGINEERING SUPPLY CAMERA SHOP CASH WISE •CELLULAR 2000 CENTRAL GARAGE CENTURY FENCE CO. CLAREYS SAFETY EQUIP COMPAQ COMPUTER CORP COMSTOCK DAVIS INC COUNTY RECORDER COUNTY TREASURER CROW RIVER GLASS DASCHER, DUANE DEPT NATURAL RESOURCES DOMINO'S PIZZA EVENSON PORTRAIT DESIGN FARM & HOME DIST. CO FLAHERTY EQUIPMENT CORP FLOOR CARE SUPPLY GARTNER REFRIGERATION GENERAL OFFICE PRODUCTS GLENCOE ENTERPRISE GREAT PLAINS SUPPLY GRINA, LISA GUARDIAN PEST CTL HAALA, MARY HAUGEN, MARV HCI CONNECTING POINT HED, MARILYN • HEINECKE, WANDA HUTCH FIRE & SAFETY INC CO Page 2 APRIL TRASH $1,255.69 MYLAR $9.02 12 DZ PENCILS $12.65 SR.ACTIVITY REFUND $11.00 WADDLES, INF /PARENT $51.56 FUEL $50.90 PAINT $23.38 BADGES $68.68 20 DISKS $90.78 3 BOOKS REINVENTING GO $39.00 SUBSCRIPTION RENEWAL $85.00 SRT TRAINING LUNCH $9.03 ROUTER BITS 4 SETS $905.46 PROF SERVICES $973.89 SR.ACTIVITY REFUND $11.00 ANCHOR PLUG, RAKE $93.76 SERVICE CONTRACT $454.98 9" AUGER $136.25 SR. ACTIVITY REFUND $11.00 SR. ACTIVITY REFUND $11.00 STAMP, NOTARY $91.39 BOARDING & EUTH $451.00 BLUELINE $63.00 DEV & PRINT $41.69 GROCERIES $1,170.12 APRIL SERVICE $235.60 MARCH REPAIRS $10,053.21 ALUM WIRE TIES $147.78 GAUGE $85.38 PROLINEA 486 COMPUTER $1,192.00 MARCH PROF SERVICES $300.00 PLAT COPY $12.50 PARCEL PRINTOUT $4.55 GLASS $22.12 SAFETY GLASS FRAME $36.72 DNR REG FEES $847.00 15 PIZZAS $105.00 KODAK SLIDE PROJECTOR, $479.25 HAND TRUCK, TAPE, ETC $166.06 GENERATOR REPAIR $150.01 TWISTER HANDLE $4.90 COMPRESSOR WORK $4,158.14 3 WORKSTATIONS $6,233.13 PUBLISHING SUMMONS $80.16 HNDL SET $143.60 WP SEMINAR EXPENSES $44.67 APRIL PEST SERVICE $21.57 SR. ACTIVITY REFUND $11.00 MILEAGE $38.34 TONER CARTRIDGE $397.80 MILEAGE $20.52 PLAYBALL REFUND $13.00 HYDRO TEST, INSPECTION $33.25 OPEN -HOLD COUNCIL REPORT Tue Apr 26 1994 10:50:48 Page 3 IRON & METAL -------------------- FLAT IRON - - -- 510.22 •HUTCH HUTCH MEDICAL CENTER ER PHYSICIAN $164.00 HUTCH PLBG & HTG CO REPAIR DISHWASHER $414.96 HUTCHINSON CELLULAR CELLULAR PHONE $4,516.00 HUTCHINSON LEADER ICE SHOW ADVERTISING $1,247.08 HUTCHINSON UTILITIES STREET LIGHTS $10,777.33 HUTCHINSON WHOLESALE SUPPLIES $154.38 INK SPOTS CREAM PAPER $174.97 ISIA SHOW ENDORSEMENT FEE $15.00 JUUL CONTRACTING CO WHITE PAINT $104.72 KUTZKE, JOANNE SR. ACTIVITY REFUND $11.00 LEAGUE OF MN CITIES 2ND QTR W.COMP $30,888.90 MARCO BUS.PRODUCTS TYPEWRITER REPAIR $96.66 MCGARVEY COFFEE INC COFFEE $116.55 MCOA 1994 MEMBERSHIP $25.00 MEIER, DOUG WORKSHOP BREAKFAST $8.71 METKOWSKI, MILDRED SR. ACTIVITY REFUND $11.00 MICRO TECH COMPUTERS INC SOCCER BALLS $365.83 MINN U C FUND 1ST QTR 94 $488.47 MINNCOMM PAGING APRIL SERVICE $132.71 MIX, FINLEY SAFETY GLASSES $40.00 MN REC & PARK ASSC 1994 AQUATIC STUDY $10.00 MOORE, EDWARD T. TRAVEL EXPENSE REIMBUR $300.00 MR. MOVIES RAND MCNALLY -GR CANYON $1.30 MYRON RICK PLUMBING & HTG EXHAUST HOOD $125.00 NELSON, WARREN & MAE 2 SR. ACTIVITY REFUNDS $22.00 • NEPSTAD, ARCHIE & MARJORIE 2 SR. TOUR REFUND $12.00 NO STATES SUPPLY INC REPAIR SWITCH $146.58 NORTH MEMORIAL MEDICAL CENTER J.GREGOR -EMERG COMM $79.00 NOTARY LAW INSTITUTE REG- M.SWANSON $35.00 PAULSON, ADAIR 12 HOURS ANNOUNCING $120.00 PENN CYCLE 2 TREK 7000 BIKES $1,684.96 PETERSON BUS SERVICE 3 BUS TRIPS $880.00 PIONEER QUIK STRIPE ARCTIC $445.00 PIONEERLAND LIBRARY SYSTEM 2ND QTR PAYMENT $17,189.00 PLOTZ, GARY D. MILEAGE, WORKSHOP EXPE $26.99 PLOWMANS PARTS $1.86 QUADE ELECTRIC DISCONNECT BLDG GENERA $9,832.00 QUILL CORP BINDERS $401.88 RETZLAFF, CAROL SR. ACTIVITY REFUND $11.00 RODEBERG, JOHN MEETING MILEAGE $72.03 SCHMELING, LORRAINE SR. ACTIVITY REFUND $11.00 SCHRAMM, VIONA SR. ACTIVITY REFUND $11.00 SCHUETTE, SCOTT SRT TRAINING LUNCH $7.01 SEVEN WEST WASH & DRY TOWELS $7.99 SHAPEWARE CORP ADV FLOWCHARTING $25.95 SHOPKO 6 OUTLET SURGE STRIP $27.67 SORENSEN FARM SUPPLY CEMENT BLADE $12.78 STAR TRIBUNE ENG TECH II AD $144.00 STARKE, RANDY SAFETY BOOTS $30.00 STRITESKY, ALLEN SR. ACTIVITY REFUND $11.00 ATHLETIC MATS INC 4 MATS $635.00 •TIFFIN TRI STAR COMPUTER CORP SCSI ADAPTER RETURNED $6,228.00 TWO WAY COMM INC BATTERY $106.45 OPEN -HOLD COUNCIL REPORT Tue Apr 26 1994 10:50:48 Page 4 ----------------------------------------------------------------------------- •U S POSTMASTER MAY NEWSLETTER POSTAGE $232.00 UNITED BLDG CENTERS LUMBER $214.68 VIKING OFFICE PRODUCTS PAPER $85.20 WAL -MART POSTERBOARDS $28.30 WARNING LITES OF MN 30 ORANGE CONES $195.49 WENDROFF, ELMER 2 SR. ACTIVITY REFUNDS $22.00 WEST PUBLISHING CO MN SESS LAW 94 CHG $95.85 WIEDENROTH, HENRY & LUCILLE 2 SR. TOUR REFUNDS $12.00 WILLARD, BUD SR. TOUR REFUND $6.00 XEROX CORP 3 MONTHS -1035 $842.88 $121,309.83 RURAL F. D. HUTCHINSON WHOLESALE SUPPLIES $18.70 $18.70 WATER /SEWER FUND AAGARD WEST APRIL TRASH $266.29 BENNETT OFFICE SUP. CUSTOM STAMP $73.53 BRINKMAN STUDIO PHOTOFINISHING $23.00 C.S.W.E.F. REG- R.DEVRIES $30.00 CASH WISE GROCERIES $20.17 CENTRAL GARAGE MARCH REPAIRS $335.79 PLBG & HTG CO 905, NIPPLES $10.10 •HUTCH HUTCHINSON CELLULAR CELLULAR PHONE $650.00 HUTCHINSON LEADER ADS $29.94 HUTCHINSON UTILITIES ELEC $424.14 LEAGUE OF MN CITIES 2ND QTR W.COMP $2,766.60 PAPER SERVICE CO TOWEL DISP WHITE $25.56 QUADE ELECTRIC BREAKER $13.31 QUAST TRANSFER INC FREIGHT $37.30 REMAX REFUND FOR DOUBLE PAYM $73.16 RUTZ PLBG & HTG FEMALE ADAPT $23.32 SERV -O -CAL ROLL CHARTS $97.22 TORO COMPANY TORO PROMOTION $1,000.00 WATERPRO ECR REG $126.94 $6,026.37 � �i1:,t'7111�yi1 \1�7 bN DEPT OF REVENUE FIRE HALL DEBT SERVICE AM NATIONAL A% ,, • "Wrs i \p $204,492.28 DIPLDYEE CONTRIB 5,214.65 PRINCIPAL & INTEREST 83,493.75 FIRST TRUST PRINCIPAL & INTEREST 200,264.88 OPEN -HOLD COUNCIL REPORT Tue Apr 26 1994 10:48:43 Page 1 - - - -- ---------------------------------------------------------------- �CENTRAL GARAGE STATE OF MINNESOTA GENERAL FUND DEPT NATURAL RESOURCES GRAND CASINO HUTCHINSON JAYCEES STATE OF MINNESOTA TEMPLETON INC USA BLIND FACTORY LIQUOR STORE ED PHILLIPS & SONS CO. FRIENDLY BEVERAGE CO GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO. JORDON BEVERAGE INC. LENNEMAN BEVERAGE DIST. INC LOCHER BROS INC QUALITY WINE & SPIRITS CO. • TRIPLE G DISTRIBUTING INC PAYROLL FUND AETNA VARIABLE LIFE ASS. CO AMERICAN FAMILY INS CO. GREAT WEST LIFE INS. CO. H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA- D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT E 4 DECALS $8.00 $8.00 DNR REG FEES SR. TOUR 1994 CARNIVAL DONATION 1994 TEL DIRECTORY MARCH EMPLOYER CONTRIB BLINDS FOR CITY CENTER $936.00 $804.00 $1,000.00 $16.79 $219.70 $2,579.15 $5,555.64 LI19940405 $13,855.89 LI19940405 $354.30 LI19940318 $12,548.42 LI19940405 $16,486.57 LI19940324 $1,517.75 LI19940405 $10,106.55 LI19940324 $21,944.90 LI19940405 $5,396.90 LI19940331 $21,016.05 4 -09 $103,227.33 EMPLOYEE CONTRIB 4 -09 $655.00 EMPLOYEE CONTRIB 4 -09 $135.10 EMPLOYEE CONTRIB 4 -09 $100.00 EMPLOYEE CONTRIB 4 -09 $191.40 EMPLOYEE CONTRIB 4 -09 $1,909.00 EMPLOYEE CONTRIB 4 -09 $142.50 EMPLOYER CONTRIB 4 -09 $151.02 EMPLOYEE CONTRIB 4 -09 $140.00 EMPLOYEE CONTRIB 4 -09 $318.46 EMPLOYER CONTRIB 4 -09 $12,056.89 EMPLOYEE CONTRIB 4 -09 $288.85 EMPLOYEE CONTRIB 4 -09 $150.00 EMPLOYER CONTRIB 4 -09 $26,161.49 $42,399.71 $151,190.68 HANDWRITTEN CHECKS APRIL 26, 1994 LIQUOR FUND CITY OF HUTCHINSON PAYROLL 4/1/94 $4,422.77 CITY OF HUTCHINSON PAYROLL 4/15/94 $5,193.45 ED PHILLIPS LIQ/WINE PUR FOR A $804.46 GRIGGS COOPER LIQ/WINE PUR FOR A $3,224.02 HUTCHINSON UTILITIES BILL FOR FEB $690.50 JOHNSON BROTHERS LIQ/WINE INV FOR AP $12,298.62 KUBASH & SONS SOLID WASTE FEE $167.47 LENNEMAN BEV BEER PUR APR $6,790.30 LOCHER BROTHERS BEER PUR APR $7,155.35 MIN STATE LOT (CITY OF HUT) LOTTERY SALES $328.00 MIN STATE LOT (CITY OF HUT) LOTTERSY SALES $1,366.00 QUALITY WINE WINE PUR APR $4,869.64 TRIPLE G BEER PUR APR $21,558.40 VFW DONATION $10.00 TOTAL $68,878.98 0 Hutchinson Comumty Derr /opment Corporndon Finance Team Minutes Monday, March 28, 1994 City Center Members Present: DuWayne Peterson Gary Plotz Gregg Sainsbury Gary Ellis Brent Schmeling Jim Bullard Richard Burgart Jim Young Don Walser Call to order - DuWayne Peterson, Chairperson Members Absent: J �lw 7891 aPA19� �� ,i i✓ Ott..._.__.....:.:. Motion by Ellis /Sainsbury to approve the minutes from February 28, 1994. Motion carried. An update was given by Connie Mangan and Dick Lennes on various projects that are currently under way in addition to follow through on items from the last meeting. Dick Lennes, Ken Merrill and Connie Mangan, pulled together the cash balances on the activity that have taken place since the first of the year. This was shown in a spreadsheet format to the committee. There are still some concerns about the accuracy of the cash balances and staff will continue to work on those until we are assured that everything is reconciled. DuWayne Peterson will work with Lennes to develop a balance sheet format that will be available at the next meeting. It was the consensus of the team to work with New Dimension's Plating on their expansion project and to coordinate with Marquette Bank to develop a financial package. In addition Lennes was directed to have the attorney design a development contract that would commit the monies that are available to New Dimension's. The Developer's Guide was discussed, some new suggestions were provided, staff will proceed to complete the Developer's Guide and present it at a later date in it's finalized rough draft format. Augusta Homes, Lennes reported on the Board's action to deny Augusta Homes to proceed any further with their proposal based on the non - compliance of one of the policy statements. The policy statement deals with "Project must compatible to documented need for specific type of housing." The committee was also informed that Augusta Homes will be invited to submit a proposal for market rate luxury apartments, if they so desired, and that consideration would be 0 given to tax increment for that project. Lennes requested that the team take action to recommend a budget amount for 1995 that would • support an effort to interface the city computer system with the CDM system so that monthly transmission of receipts would be automatic eliminating 2 sets of input. The group did not take formal action but indicated to try to get a proposal and see if this is No. 1 feasible and No. 2 affordable. Respectfully submitted, Dick Lennes, Executive Director r� U 0 (612) 587 -7500 • Hutchinson Community Development Corp. s February 28, 1994 Gary Plotz City Administrator 111 Hassan St SE Hutchinson, MN 55350 Dear Gary: The following recommendations HCDC Board of Directors at the Both of the recommendations ar relating to the airport. Motion: Graf /hies 4r 45 Washington Av Hutchinson, Minnesota VV were made by formal action of the February 18, 1994 board meeting. e from the Transportation Team East 55350 - Request the City Council to proceed in 1994 with the pre- engineering study that must be done for Phase II of the airport development project. and Request the City Council to place the implementation of Phase II of the airport development on the 1996 Improvements Calendar. Gary, please proceed with these requests with the City Council as you see appropriate regarding procedure. i i SinC,e , __e_ Executive Director V ARNOLD & MCDOWELL LAURA E. FRETLAND DAVID A. BRU£GGEMAYN PALL D. DOVE " JOSEPH M. PAIEMENTI RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ( AL40 ADM.TI.D xY TE% S AND NEM YORE 11x50 AOMI=O IY N'ISCO,isxN Gary D. Plotz, City Administrator City of Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 MN TOLL FREE 800- 343 -4548 FAX (612) 545-193 April 11, 1994 RE: Country Club Terrace Litigation Court File No. 43- C3 -93- 000448 Our File No. 3244 -93063 Dear Gary: OF COUNSEL WILLIAM N. CAMERON EAYMOND C. LALLIER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55391 4612, 389-2214 PAX 16121 389 -5506 101 PARE PLACE HUTCHINSON. MINNESOTA 55350 (612) 587 -7575 PAX (6121 587 -4096 FOR YOUR c APPj_QW dY•v I am enclosing for your information a copy of the Court Order in connection with the above entitled matter. Please include this letter along with my correspondence in the next regularly scheduled counsel packet as a for your information item. As the order indicates, Mr. Block has refused to provide information to the city's attorney in this matter, Chris Nelson. As a result of the failure of Mr. Block to provide this information, the court has imposed sanctions in the amount of $400.00 against Mr. Block's counsel and has basically given Block ten days to provide the information or the action will be dismissed. If he does not provide the information, the action will be dismissed with prejudice, which means that this case will be at an end. It would be interesting to see what transpires, if anything. Please do not hesitate to contact me should you have any questions in connection with any of the foregoing. Best regards. Very truly yntlrs_ G. Barry Anderson GBA/pb Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE WlN. ESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD1 ATTORNEYS AT LAW GARY D. M<DOWELL L.AHE ROAD STEVEN A. ANDERSON 5881 CEDAR O. BARRY ANDERSON ` MINNEAPOLIS, MINNESOTA 55416-1492 STEVEN S. HOGS 1612) 545 ^9000 LAURA E. FRETLAND DAVID A. BRU£GGEMAYN PALL D. DOVE " JOSEPH M. PAIEMENTI RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ( AL40 ADM.TI.D xY TE% S AND NEM YORE 11x50 AOMI=O IY N'ISCO,isxN Gary D. Plotz, City Administrator City of Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 MN TOLL FREE 800- 343 -4548 FAX (612) 545-193 April 11, 1994 RE: Country Club Terrace Litigation Court File No. 43- C3 -93- 000448 Our File No. 3244 -93063 Dear Gary: OF COUNSEL WILLIAM N. CAMERON EAYMOND C. LALLIER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55391 4612, 389-2214 PAX 16121 389 -5506 101 PARE PLACE HUTCHINSON. MINNESOTA 55350 (612) 587 -7575 PAX (6121 587 -4096 FOR YOUR c APPj_QW dY•v I am enclosing for your information a copy of the Court Order in connection with the above entitled matter. Please include this letter along with my correspondence in the next regularly scheduled counsel packet as a for your information item. As the order indicates, Mr. Block has refused to provide information to the city's attorney in this matter, Chris Nelson. As a result of the failure of Mr. Block to provide this information, the court has imposed sanctions in the amount of $400.00 against Mr. Block's counsel and has basically given Block ten days to provide the information or the action will be dismissed. If he does not provide the information, the action will be dismissed with prejudice, which means that this case will be at an end. It would be interesting to see what transpires, if anything. Please do not hesitate to contact me should you have any questions in connection with any of the foregoing. Best regards. Very truly yntlrs_ G. Barry Anderson GBA/pb Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE WlN. ESOTA STATE BAR ASSOCIATION STATE OF MINNESOTA COUNTY OF MCLEOD Hutch, Inc., d/b /a Country Club Terrace mobile home park, Plaintiff, vs. The City of Hutchinson, Defendant. 4 OTHER CIVIL DISTRICT COURT FIRST JUDICIAL DISTRICT 1'1 ' COURT FILE NO. C3- 93-448 The above - entitled matter came on for hearing on the 4th day of April, 1994 before the Honorable Thomas McCarthy of the above -named Court on a motion by Defendant City of Hutchinson for an Order compelling responses to Interrogatories; Interrogatories, Set II; Request for Production of Reports, Documents and Statements; Request for Production of Documents, Set II; and Request for Admissions and Alternative Interrogatories. Defendant City of Hutchinson was represented by Christopher A. Nelson, 4005 West 65th Street, Suite 200, Minneapolis, Minnesota 55435. Plaintiff Hutch, Inc. is represented by John F. Bonner, III, 100 South Fifth Street, Suite 1100, Minneapolis, Minnesota 55402. Mr. John F. Bonner, III, was not present at the hearing. Upon all records, files and proceedings herein, the arguments of counsel and the Court being fully advised in the matter: �Y 0 0 ry j^ • IT IS HEREBY ORDERED: That the motion of Defendant is hereby granted. 2. That within ten (10) days of the date of this Order, Plaintiff shall serve upon the attorney for Defendant responses to Interrogatories, Request for Production of Reports, Documents and Statements which were served on June 23, 1993. 3. That within ten (10) days of the date of this Order, Plaintiff shall serve upon the attorney for Defendant responses to Interrogatories, Set H; Request for Production of Documents, Set II; and Request for Admissions and Alternative Interrogatories which were served on November 30, 1993. 4. That Plaintiff shall pay to Defendant the sum of $400.00 for its reasonable costs and expenses in bringing this motion. 5. That unless responses to Interrogatories; Interrogatories, Set II; Request for Production of Reports, Documents and Statements; Request for Production of Documents, Set II and Request for Admissions and Alternative Interrogatories are received by this Defendant's attorney within ten (10) days of the date of this Order, judgment of dismissal with prejudice in this matter shall be entered against Plaintiff upon the filing of an Affidavit setting forth Plaintiff s failure to comply with this Order. DATED: BY THE COURT: FILED FJ The Honorable Thoma: Judge of District Court RT -30AN PNOENL ®WET D COO ry MN MlCLE00 COUNTY MN -2-