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cp07-25-1989 cAGENDA REGULAR MEETING - HUTCEINSON CITY COUNCIL TUESDAY, JULY 25, 1989 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Dan Cloeter, Our Savior's Lutheran Church 3. Consideration of Minutes NONE 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - June 1989 2. Planning Commission Minutes of June 20, 1989 3. Police Civil Service Commission Minutes of July 12, 1989 (b) Three Short -Term Non- Intoxicating Malt Liquor Licenses for Hutchinson Huskies Baseball Association (c) Bingo License for VFW (d) Appointments (1) Burns Manor Board (2) Downtown Christmas Lighting Committee Action - Motion to order report and minutes filed, issue licenses, ratify appointments 5. Public Hearin u - 8:00 P.M. NONE 6. Communications. Requests and Petitions (a) Presentation by Charles Bailly & Co. on 1988 Financial Report Action - (b) Consideration of Request for Street Repair on Osgood Avenue Action - . (c) Consideration of Request for Assistance of $500 for Landscape Study for Mainstreet Froject Action - i CITY COUNCIL AGENDA - JULY 25, 1989 • (d) Update on Hutch Hotel Project Action - 7. Resolutions And Ordinances (a) Resolution No. 9043 - Resolution Identifying Congested Traffic Areas Action - Motion to reject - Motion to waive reading and adopt (b) Resolution No. 9044 - Resolution Entering into Contract with MN/DOT for 1990 Transit Grant Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9045 - Resolution Accepting Bids and Awarding Contract for Sidewalk project - Letting No. 6, Project 89 -04 Action - Motion to reject - Motion to waive reading and adopt (d) Resolution No. 9046 - Resolution Establishing Location for Traffic Control Devices at Clifton Heights Action - Motion to reject - Motion to waive reading and adopt • (e) Resolutions to Enter into Cooperative Agreements with MN /DOT for Highway Projects (1) Resolution No. 9047 - T.H. 15 (2) Resolution No. 9048 - T.H. 7 Action - Motion to reject - Motion to waive reading and adopt (f) Consideration of State Proposed Contract for Hwy 15 Turn Lane Action - Motion to reject - Motion to approve, waive reading and adopt resolution (g) Resolution No. 9051 - Resolution for Purchase Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Communication from Donohue Concerning Part 1 of Downtown Sprinkler System Action - • `a CITY COUNCIL AGENDA - JULY 25, 1989 9. New Business (a) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service (b) Consideration of Awarding Bids for Burns Manor Renovation Action - Motion to reject - Motion to approve and enter into contracts (c) Consideration of Hutchmobile for Transportation to City Youth Center Action - Motion to reject - Motion to approve and implement use (d) Consideration of Agreement w/ D.J. Enterprises for Curbside Recycling Action - Motion to reject - Motion to approve (e) Consideration of State Award to City Re Condemnation of Property on Hwy 22 South Action - Motion to reject - Motion to approve award • (f) Consideration of Revised Maintenance Agreement Between City and State of MN for Landscape Plantings on Highway Right -of -Way Action - Motion to reject - Motion to approve and enter into agree- ment and adopt Resolution (g) Consideration of Request from Shingobee Builders to Barricade Sidewalk and Parking Space in Front of Hutchinson Leader for Construction Action - (h) Consideration of Revised Site Plan Submitted by Robert Hornick with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (i) Consideration of Rezoning Project Requested by Faith Lutheran Church from R -2 to C -3 with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Waive first reading of Ordinance 8904 and set second reading for August 8 (j) Consideration of Conditional Use Permit Requested by Neil Jensen for Garage Addition at 518 2nd Ave SW with Favorable Recommendation of • Planning Commission Action - Motion to reject - Motion to approve - Waive reading and adopt Resolution No. 9049 3 CITY COUNCIL AGENDA - JULY 25, 1989 (k) Consideration of Preliminary and Final Plat of Anderson - Beeler Addition Requested by June Redman with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Waive reading and adopt Resolution No. 9050 (1) Consideration of Rezoning from R -5 to R -2 Property on Water Street Requested by City Staff with Favorable Recommendation of Planning C. Action - Motion to reject - Motion to approve - Waive first reading of Ordinance 8905 and set second reading for August 8 (m) ITEM DELETED (n) Consideration of Communication from Park and Recreation Board Concerning Lions Club Halloween Party Action - • 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment • 4 RECAP OF CITY COUNCIL MEETING AND ACTION TAKEN i AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL • TUESDAY, JULY 11, 1989 OGQQ 1. Cali to Order - 7:30 P.M. ` Oe 2. Invocation - Rev. Dan Cloeter, Our Savior's Lutheran Church \''!!%�On 3. Consideration of Minutes - Regular Meeting of June 27, 1989 and Board of Review Minutes of June 27, 1989 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - June 1989 2. Library Board Minutes of June 22, 1989 3. Hospital Board Minutes of May 16, 1989 (b) Request for Use of Library Square for Arts & Crafts Festival On September 15 -16, 1989 • Action - Motion to order report and minutes filed and approve request 5. Public Hearing - 8:00 P.M. (a) Assessment Roll No. 251 - Letting No. 4, Project No. 89 -05, 89 -06, 89 -07 And 89 -12 Action - - Motion to reject - Motion 12 approve and award contract - Motion to waive (b) Assessment Roll No. 243 -A - Letting No. 6, Project No. 88 -11 Action - Motion to close hearing - Motion to reject - Notion to e,.A �An,+ Ac- ..c�,.�..n+ D..il Jr, 9AQ -A - V- +4-- 6. Communications, Requests and Petitions (a) Status Report On Lease Agreement for Youth Center (DEFERRED JUNE 27) Action - Notion to reject - Motion to approve and enter into agreement G — (b) Review of Gate In Alley Vest of Adams Street Between Food 'N Fuel And /lx��`� Action - 1 N CITY COUNCIL AGENDA - JULY 11, 1989 • RESOLUTION NO. 9039 — RESOLUTION REGARDING TRAFFIC REGULATIONS — Adopted 7. Resolutions And Ordinances (a) Resolution No. 9034 - Resolution for Purchase Action - Notion to reject - 1Iotion to waive reading and adopt (b) Resolution No. 9035 - Resolution Accepting $112,500 From The Hutchinson Utilities Commission Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9037 - Resolution For Release And Substitution Of Pledged Securities From First State Federal Savings & Loan Association, Hutchinson, Minnesota Action - Motion to reject - Motion to waive reading and adopt (d) Resolution No. 9038 - Resolution to Establish City Fees And Charges, Etc. Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business �`i,`,D�'��-'�j�• (a) Report On Breakdown of Taxes for McLaughlin Property 9. New Business, (a) Consideration of Re- establishing Building Permits And Fees for Reshinglirlg And Residing lit ego �0+� Action ' (b) Consideration of R ainage Reduction for Robert L. Carr Co. From $10,000 To $5,000 Action - Motion to reject - Notion to approve r (c) Consideration of Sanitary Sewer Ho9k -Up T Tartan Park Concession Stand1"�,,�y Q,r,ot � Action - Motion to reject approve (d) Consideration of Purchase of New Radar Equipment for Police Department Action - Motion to reject - Motion to approve (e) Consideration of Designation for —____- Action - Motion to reject - Notion to approve 2 0 1 • • C A CITY COUNCIL AGENDA - JULY 11, 1989 025D (f) Consideration of Sale of $1,425,000 General Obligation 1989 Improvement Bonds Action - Motion to reject - Motion to approve - Motion to waivg readin _and adopt Resolution No. 9035_4r y 4 �� 8 (g) Discussion of 1990 Tax Levy And Cit Budget a I ' ° ° A' M' v� Action - 40 (h) Gonside tion of tote Aid for Airpdtt Maintenance and Operation Action - Motion to reject - Motion to approve - Motion to adopt Resolution No. 9036 and enter into agreement (i) Consideration of Purchase Agreement for Helland Park Property Action - Motion to reject - Motion to approve and enter into agreement (j) Consideration of Vorksite Agreement with Heartland Community Action Agency Action - Motion to reject - Motion to approve (k) Consideration of Applying for Maxi -Audit On City Hall And Old Fire Station Action - Motion to reject - Motion to approve and enter into agreement (1) Consideration of Agreement With Dan Hudson Regarding Drive - Through Vindow At "Subway" Action - Motion to reject - Motion to approve and enter into agreement 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment 3 JOINT MEETING OF CITY COUNCIL AND HOSPITAL BOARD ON AUGUST 9, 5:00 P.M. AT HOSPITAL FOR DINNER MEETING. MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 20, 1989 • 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the following members present: Roland Ebent, Clint Gruett, ElRoy Dobratz, Marlin Torgerson, Larry Romo and Chairman Craig. Members absent: Tom Lyke. Also present: Building Official Jim Marka and Consulting Engineer Marlow Priebe. 2. MINUTES Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, May 16, 1989. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DALE RANNOW TO CONSTRUCT A 24' X 24' GARAGE IN FLOOD FRINGE Chairman Craig opened the hearing at 7:31 p.m. with the reading of publication #3998 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose considering a conditional use permit to allow the owner to construct a 24' x 24' detached garage in flood fringe on property located at 135 Glen St. N. Mr. Dale Rannow, 135 Glen St. N, commented on his proposal. • Building Official Jim Marka explained the alternatives to flood proofing with the slab being at a resonable grade and concrete walls. He stated that the State of Minnesota approved the request verbally but stipulated a garage door on both sides to stabalize and ezualize pressure if there is a flood. Discussion followed on the alternatives. There was discussion on the possibility of placing 2 walk thru doors on one side instead of another garage door. Chairman Craig made a motion to close the hearing, seconded by Mr. Torgerson the hearing closed at 7 :41 p.m. Mr. Torgerson made a motion to recommend approval to City Council contingent upon receiving proper approval from the DNR and State Building Division. Seconded by Mr. Romo the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL TO MOVE IN A MODULAR UNIT FOR A DANCE STUDIO. Chairman Craig opened the hearing at 7:42 p.m. with the reading of publication #3999 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for a condition use permit to allow the owner to install a UBC Modular Unit for a dance studio located on property located at Florida ST. off Hwy 7 West. Mr. Jeff Munsell provided additional sketches and explained the application for the modular unit. Chairman Craig read a letter dated 6/19/89, from Mr. Richard Danielson concerning the request and his 1 °7 4112 2 / PLANNING COMMISSION MINUTES 6/20/89 comments of upgrading Florida St. Building Official Marka commented on the temporary aspect of the • conditional use permit. Consulting Engineer Marlow Priebe suggested placing the improvement of Florida St, on the 1990 schedule. Discussion followed on the request of Mr. Danielson and hearings to be held. Mr. Munsell addressed the Florida St. entrance to the studio as being the best enterance but there could be an alternative access. He explained the proposal to anchor the building on concrete but that the building structure was classified temporary. Discussion followed concerning the easement on the abstract for the 30' right -of -way on Florida St. It is not a platted right -of -way. Building Official Marka commented on the renewal each year unless the project becomes permanent. Discussion followed on establishing the permanency of the structure. Chairman Craig proposed not to deal with the Florida St. improvement at this time. There was discussion of the access to Hwy. 7. Mr. Ebent moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:02 p.m. Mr. Ebent made a motion to recommend approval subject to city staff's 5 recommendations being satisfied as • follows: 1. 50' setback from all residential districts. 2. 12 month renewal. 3. Provide copy of right -of -way easement as shown on abstract. 4. Hard surfaced parking lot is required at the time of renewal. 5. Structure is considered temporary. Seconded by Mr. Torgerson the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAN HUDSON, "SUBWAY" RESTAURANT, TO CONSTRUCT A DRIVE -THRU WINDOW Chairman Craig opened the hearing at 8:03 p.m. with the reading of publication #4000 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of co isndering a conditional use permit to allow the owner to construct a drive -thru pick -up window at Subway on Hwy 7 W. Mr. Dan Hudson, representing Subway, 204 Hwy 7 West, commented on the type of business being fast food thus needing a drive -thru window explaining the handicap accessible ramp and step as the window site which will eliminate the parking of cars encroaching on the street right -of -way. Consulting Engineer Priebe commented on the right -of- way. Discussion followed on the problems of use of the drive -thru window and the intersection proximity. Mr. Torgerson commented on future development of Water ST. and the right -of -way. Mr. Hudson stated he does understand the risk of future • improvements to the street. N PLANNING COMMISSION MINUTES 6/20/89 Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:20 p.m. Mr. Romo made a motion to recommend • approval to City Council subject to City Attorney Barry Anderson providing a draft agreement between the city and Mr. Hudson' guaranteeing no expressed or implied committment on the city's bejalf concerning the right -of -way for the drive -thru traffic encroachment should a street improvement project on Water St. eliminate accessn to his drive -thru pick -up window. Seconded by Mr. Gruett the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LANCE HEATON FOR A BED AND BREAKFAST INN ON 231 ADAMS ST. Chairman Craig opened the hearing at 8 :21 p.m. with the reading of publication #4001 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of considering a conditional use permit to allow the prospective owner to provide a Bed and Breakfast Inn on property located at 231 Adams St. Mr. Lance Heaton, 307 Dale, commented on the proposed purchase of the property for a Bed and Breakfast Inn and explained that three or four rooms would be for rent 1 to 3 nights with meals provided only to guests. A future option may be to have an Inn as in a restaurant. Discussion followed of the zoning district. Mr. Russell Meade, present owner of the property, commented on visiting several Bed and Breakfasts and all were in residential areas. Discussion followed on the necessity of adopting an ordinance to accomodate and address Bed and Breadfast establishments in Hutchinson. Mr. Ebent moved to continue the hearing and recommend that City Attorney Anderson draft an ordinance for presentation at the July meeting. Seconded by Mr. Torgerson the motion carried unanimously. (e) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR AN ADDITION TO ACME CARWASH AT 690 SO. GRADE RD. Chairman Craig opened the hearing at 8:22 p.m. with the reading of publication #4002 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of 66s3 -ering a conditional use permit to allow the owner to construct a 25' x 120' automatic carwash bay with dryer on property located at Acme Carwash, 690 South Grade Rd. Mr. Tom Ludowese explained the two sketches presented in the packet. The east side addition would be a better location but there is room on the west side. Building Official Marka commented on the position of the Mall owners. Attorney Dan Prochnow, representing Mr. Ludowese, commented on the • problems with acquiring additional land to construct the addition on the east side of the building and stated that the west side would comply with the limited warranty deed. PLANNING COMMISSION MINUTES 6/20/89 City Attorney Anderson commented on municipal law as to stacking of cars, stating there would be no problem in this case. • Discussion followed on the ingress and egress to the east of the present building. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:52 p.m. Mr. Torgerson made a motion to recommend approval to the City Council. Seconded by Mr. Gruett the motion carried unanimously. (f) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY DAVE ROSSMAN FOR AN ADDITION TO GARAGE AT 604 HASSAN Chairman Craig opened the hearing at 8:53 p.m. with the reading of publication #4003 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of considering a conditional use permit to allow the owner to construct a 12' x 20' addition unto existing garage on property located at 604 Hassan. Mr. Dave Rossman explained his request. Building Official Marka commented on the use of Ivy Lane as an alley. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:55 p.m. -Mr. Romo made a motion to recommend approval to City Council. Seconded by Mr. Dobratz the motion carried unanimously. • (g) CONSIDERATION OF REQUEST BY CITY STAFF TO REZONE PROPERTY AT 402 MAIN, 35 -4TH AVE. NW AND 29 -4TH AVE. NW FROM C -2 TO R -2. Chairman Craig opened the hearing at 8:56 p.m. with the reading of publication #4004 as published in the Hutchinson Leader on Thursday June 8, 1989. The request is for the purpose Coco sindering a request by City Staff to rezone property located at 402 Main N., 35 -4th Ave. NW and 29 -4th Ave. NW from C -2 (Commercial District) back to R -2 (Multiple family residence). Mr. Robert Hornick, owner of the property, commented on the progress of the Burger King, finance and development and stated he is opposed to the rezoning. He presented a site plan for the property. City Attorney Anderson commented on the changes in the new plan. Mr. Hornick explained the site plan and the square footage of the building. Mr. Torgerson commented on the removal of the fire hydrant and Consulting Engineer Priebe explained the cost of removal would be up to the developer. Mr. Kale Danberg, Building Expertise, provided a schedule of the building for the convenience store /carwash. Discussion followed on • the carwash addition. Mr. Marka stated the carwash required a conditional use permit. 9 PLANNING COMMISSION MINUTES 6/20/89 Mr. Wayne Thompson, representing Burger King, commented on the • proposal for Burger King and the timetable and setbacks they have had. he stated there are lease agreements for the land and are prepared to complete the project this year. He commented on the site changes and property owners access and that the parking lot and privacy fence buffers the neighbor to the west. Consulting Engineer Priebe commented on the county tile location and requested surveys showing the tile location. Mr. Thompson stated the construction could begin in August with local contractors hired for the work. Discussion followed on the various kinds of order takers. City Attorney Anderson commented on light shielding referring to discussions and promises to shield from neighboring property owners. Mr. Thompson stated there is no problem with the shielding. Mr. Craig Reese read a letter by Attorney Ron McGraw to the City Attorney and City Council and questioned the timetable and issue of assurances. Ms. Peggy Reese read a letter received by Mr. Hornick to themselves concerning the driveway easement. Building Official Marka commented on the accesses and curbcuts. Mr. Reese commented on their correspondence and proposal to Mr. • Hornick. Building Official Marka stated the city controls buffers at the time of the building permit issuance and considers the suggestions of neighboring property owners. City Attorney Anderson explained the order of filling the excavation and that the developers have not followed through to the expectations of the planning commission and city council. He commented on the city position being restricted because of litigation with the Reeses on the property. Mr. Torgerson commented on the recent progress and suggested to continue the hearing until the July meeting. Mr. Thompson commented on the issues of the past 18 months which held up the Burger King development. Now they have control of the property and Burger King can act on their building. The convenience store does need resolving before the Burger King can begin. The building could be up in 45 to 70 days. City Attorney Anderson interpreted the ordinance as the developer has come back with a new site plan as requested. Attorney McGraw stated they will respond to any agreements and there • would be written agreements. Mr. Torgerson moved to continue the hearing until July 18, 1989, and leave the zoning C -2 for the present. Seconded by Mr. Romo the motion 5 PLANNING COMMISSION MINUTES 6/20/89 carried unanimously. 0 Mr. Thompson, explained the situation Burger King is faced with in respect to the ingress and egress to Hwy 15 and he will talk to the Reeses concerning the access to Hwy 15 and try to resolve issues. 4. NEW BUSINESS (a) CONSIDERATION OF APPROVAL FROM PLANNING COMMISSION TO ADOPT THE FLOOD PLAIN ORDINANCE WITH THE CODIFICATION Mr. Torgerson moved to recommend approval, seconded by Mr. Romo the motion carried unanimously. (b) REVIEW OF CONDITIONAL USE PERMIT GRANTED TO TIH FOR PORTABLE TRAINING UNITS. (ANNUAL REVIEW) Mr. Torgerson moved to recommend approval, seconded by Mr. Romo the motion carried unanimously. (c) DISCUSSION REQUESTED BY JIM MARKA OF FLOOD DAMAGE REDUCTION GRANT Building Official Marka explained the flood damage reduction grant and noted an upcoming county meeting. Consulting Engineer Priebe will research the file and communicate by the end of August. (d) DISCUSSION REQUESTED BY JIM KELLY AND JOHN ROBINSON FOR A • PHOTOFINISHING BUSINESS ON PROPERTY ALONG HWY 7 Withdrawn. 5. OLD BUSINESS (a) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS ON TRACT IN SECTION 1 LYNN TOWNSHIP OFF OF SOUTH GRADE RD. Consulting Engineer Priebe stated the property is surrounded by city limits and explained that since the school was annexed there is an overlap. He also stated that the zoning map has been corrected. Ms. Evie Hansen addressed and presented their written concerns. Mr. Ron Hansen commented on the discussion with Fire Marshal George Field on the removal of the overhead gas tanks but not the #2 diesel tanks which could remain in the area. He also commented on deferred assessments. Mr. Priebe explained past procedure of deferred assessments and commented on the present deferred assessment situation. Discussion followed on Hansens six written concerns. Mr. Priebe commented that the annexation should begin since the • property is an island surrounded by city. R 0 is PLANNING COMMISSION MINUTES 6/20/89 Mr. Torgerson made a motion to delay the annexation one month to answer all questions of the Hansens. Seconded by Mr. Romo the motion carried unanimously. (b) BRW UPDATE (1) CONSIDERATION TO PROCEED WITH BRW COMPREHENSIVE MAPS WITH REVISIONS Building Official Marka suggested that Consulting Engineer Priebe meet with Mr. Bill Weber, the County Engineer and himself to review the maps. (2) REVIEW SCOPE OF SERVICES OF APPROVED CONTRACT BY BILL WEBER FOR THE ZONING ORDINANCE. The review of scope of services will begin step by step by staff and Mr. Weber. 6. ADJOURMENT There being no further business the meeting was adjourned at 10:45 p.m. 7 Police Civil Service Commission Minutes A meeting of the Hutchinson Police Commission was held at the Hutchinson Police Department on Wednesday. July 12, 1989. All members were present. Also present were Chief Steve Madson and a representative of KDUZ Radio. Jeff Haag called the meeting to order at 12:05 p.m. The purpose of the meeting was to update the list for the Police Patrolman position and to update the status of the School Liaison position. Chief Madson informed the Commission regarding the status of the three candidates. First, Roger Bakken's position was changed from that of Community Service Officer to that of a Patrolman. Second, Chief Madson had contacted Mark Dressen to inquire if he was still interested in the patrolman position. Mr. Dressen stated to Chief Madson that he was not. This left only one name on the list, that of Jeff Luhman, and it was felt that Mr. Luhman would not fit the needs of the department. The Commission requested that two more names from the eligibility roster be added to the list and to continue with process. A motion was made by Jeff Haag, seconded by Delores Saar, that the list contain the following names: 1. Jeff Luhman • 2. Michelle Niederfelt 3. Steve Mogard • Motion carried. Chief Madson then informed the Commission, regarding the School Liaison position, that he had not had an opportunity to sit down with each applicant. He also stated that Dick Waage was in the process of completing the background searches. It is hoped that a decision can be made within the next few weeks and to start implementation by early August. There being no further business to be brought before the Commission the meeting was adjourned at 12:20 p.m. Kevin Comp Secretary • 0 Form No. 2:15 - ern... .... .. .."...,.. c.n s.......e..n.,... ni.�e i...... vn'r........ i¢.. a i Ins RETAIL "ON SALE" ,11m t Icli $25.00 Mate of _ 1iluu5ota, 1 COU.rTl* OF McLeod ..,..,,- ,..,._._C ..i_ty ... ................ Hutchinson _.._ To Hue ........City Council City lip- Irhinron ..... ._......... _ _ ........... ............................... _ State of Minnesota: Hutchinson Huskies Baseball Assn. hereby alp, tes.,. for a IW"e for the terrm o/ tW day s from the y / UY 1_8...R.. 9 to sell At Retail Only, Non - Intoxicating Malt Liquors, as the ea me am defined by law, for consumption "ON" those certain promises in the ................ ...... .......... ..... .__. ...._C i tY ......__.. .__...........o/ .. _Hutchinson ._ . described as follows, to- wit:. _. _......... .. ............... 11 Concession Stand Roberts Park at which place said applicant.._. operate s...the business and to that end represent, .. and state._.. as follows That said applicant ...__.....-_. 15__ a_.._............_....._citiren . of the United States; of good moral character and repute; and ha.. ._.attained the age of years; that _._.._. ._........ _......_. proprietor _.._. of the establishment for it-hide. the lwase will be issued if this application is granted. Z7uat no manu factarer of such, noa,4ntw icating rrralt liquors has any ownership, in whole or in part, in said businats of said applicant..... or any interest Uwmin; That said applicant _...make ......this application pursuant and eabjeet to all the laws of the State of .ilinnesota and the ordinances and regulations of said ........... Sl_t.l:...._._........... ............................. _............_._.............._..........- applicable thereto, which are hereby made a part Isreof, and hereby agree...... to obseree and obey the same; me,r mWnm.va. If W. of 1a meW.tbu) Recommend approval with restrictions and requirements as in past. No beer allowed to be brought into bleacher or ball park area from utside. Drivers license I.D. to be required for purchase. ZI Beer not to be consumed off ball park area. / 7 7 Y- 61 P:arh applicant further .vfates that ___he is not now the holder of, nor has _he made application for, nor does _/le bntend to make application for a Federal Retail Dealer's Special fax stamp for the sale of intosicu tint, liquor. Dated _ July 10, 1989 .............. Board Member P. O. .4pplieant.... ,u/ / Shall . �"ol 525.00 r.r.... 1111. a•• ,u.11. \'..n rnli.ri.nR��, #Ir�X la�ru.ii. "IIN"I'remr.nX lNry RI:IXII r10HXrMINr RIKMtS[[v[rIM ^. X�rl. RETAIL "ON SALE" �ltntc of Binne5otn, l COUNTY OF........ MCI P.. A....- .... ..............................I ......._.... C.]. LY._.............. ......._.._........OF........_H i ti; !.in.s.o p _............ ....... To the City __Council .................__ of the....... C. i .ty..........................of .....Hutchinson............... ......._ 11_11...... __ . .............................1. 1 State of Minnesota: Hutchinson Huskies Baseball Assn. _1111_..._ _1111._. _.. .. .............. _. ...........__......._................. ............................... .....................1__11___1. hereby appl .._....._for a l tense for the term a / ...............CWO._d4y.s _.............................._.......__.........-...... .....................__._...... from the _......._5.th ___... ...._._.day of ........_August .. ...._11.11, 19..8.4..., to sell At Retail Only, Non - Intoxicating Malt Liquors, a the same are defined. by law, for consumption "ON" those "Plain prem.iam in the ...... ........._._._.........._..._.. 11 11 _. City,,,__.,,, / Hutchinson 111__1.. 1111.. ... ......._. 1111... o ...._........... 11_11.. ..... ... .11..11..... .. ... ..1111._.. described as follows, to-uit:._.. ......._........ .1__1.1.......1. 1111 1...111 ... ...._ ....... ............. 111.1.. ........ Concession Stand Roberts Park at whirl, place said applicant..... operate... the business o/. .. ._ ............ ..... 1111...... ......_._..... _.._ _. ............. 1111. ........_.,__.._... and to that end represent._. and state..._. as follows That said applicant._........_.... 15... a...... ..__ .............._citi= en..__. of the United States; of food moral character and repute; and 1. _..attai,cd Ns afe of gl years; that ....1.._111 ___1111.. proprietor.__. of the cvfablishm rnt for tchic , the license will be issued i/ this application is fronted. That no manufacturer of such non- intoxicatinf ,Halt liquor, has any ownership, in whole or in part, in said business of sail applicant......or any interest therein; That said applicant_._nuake .__this application pursuant and subject to all the laws of the State of .Ilinnesota and the ordinance# and refudationa of said........-... �l. ty....._..._ .............. _..I.....................I..... ...............1.1...1.1_.._... applicable thereto, which are hereby made a part hereof, and hereby agr "......to observe and obey the eame; ..................._...................._...... ...................._._.._..... ..............-..............._.........._..._........._..__......-__....._._ .............__........."'_.._. InX,# X�tX V!V n#Wrw�uta II W. aI bul X.sW.aes.1 Recommend approval with restrictions and requirements as in past No beer allowed to be brought into bleacher or ball par - \ /� /jea.fr m outside. Drivers license I.D. ed be required for purchase. �s s �-lN� Beer not to be consumed off ball park area. r/Y -6j Each apphem,t further states that �e is not now the holder of, nor has_he made application for, nor dues _-hc intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intuticalint; liquor. Dut ed_......._.. ._Jul,Y-l9_._._.__.............. Iy..._89. _. ""... _:_(._....,..%;L. "✓_ J, '.�.J...:�.`J.......__......_.. - -...@ card... Healkar_._._.. _...._...____ .................. .............._. +gPPiicant...... P. O. dddme • • N C7 • • 0 05 .00 " RETAIL "ON SALE" McLeod 1. f ,City Hutchinson _._........._.. To the ,.,[,ty Counci _ l City Hutchinson ..._ ............ ._.....of the_.,..................................... of ..... .... ................. ............. . .......... .. ........... .. ...... . ... .................................... .. State of Minnesota: Hutchinson Huskies Baseball Assn. ... ..............._._...._._..._......................................._........................ ... ...................._............................_...._..__......._..............._......... ..._.__......._...._.__..._.... here's a l___...... or a license or the term a YWO dd 5 from the_ .............19,th ....... ._. ..........day o /..- .......... AuquSt. ......... .......... 19.89....., to sell At Retail Only, Non - Intoxicating Malt Liquors, w the same am defined by law, for consumption "ON" those certain premises in the- .... _ ......... ................ __... .... _ ........__._._... ...... Pity _........_.. _ ... .. .......... ............a/ Hutchinson describedw follows, to-wit:_._..._.._._.. ........... .._..... ........ ...... ... ................. _ .................. .............._......_. .........._..... ..... ... ......_. Concession Stand Roberts Park at whisk place said applicant._. olxnrta .....Ehe beuirteae _.... ...._..._. _. ........___ .... ...._.......... ... .. and to that end reprcmnt _... and seats ___w follows That said applicant__._._....___ 5._a.. _ .. ..................Mieen___...of the United Stales; of good moral character and repute; and fur __..attained the age of 91 years; that .......... .__ .............. _......_....____..... proprielar__.nf the establisheirnt for which the license will be issued if this application is granted, That no manufacturer of each non- intwicating malt liquors has any ownership, in whole or in part, in said business of said applicant..... or any interest therein; That said applicant. _.nwke.._.this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said. ........_..._. c). ty..._ ........................... _........._........ ...................__...__..... applicable thereto, which are hereby made a part hereof, and hereby agree to observe and obey the same; ur. a beer e.aW ) Recommend approval with restrictions and requirements as in past. No beer allowed to be brought into bleacher or ball park area r m outside. Drivers license I.D. to be required for purchase. Beer not to be consumed off ball park area. Earle appticant farliter stntes that ___he is not onto the hotder of, nor has --he made application for, nor dues _he intend to urake application for a Federal Retail Dealer's Special tax stamp for the sale of inbmicatiryt liquor. July 70, 7989 7 . . ____._._ ... _............ Applicant..... P. O. A ddme ...... . __. ...... ._.._....__..__— .__._. -V �� r U vlty Of F:_tCm _..: 0.^. Fee: $10.00 AFPLICAT 101; FOR BI.;00 LIC =.;SE ' c} • o_n� _- F =re Application shall be submitted at least Fol ice cays prior to the bingo occasion I. MARfW /idb'pp XR• AND I. DAUB L. IUkU�ARiA Flame of Authorized Officer .:a me of Designated _ingo ;!araE E-reby submit in duplicate this application for a license to cenduc: the game of bingo in accordance with the provisions of City of Hutchinson Ordinance No. 655 and 1'innesota Statutes Chapter 340 for the license year ending Signatures: Authorized Officer Organization Designated Bingo Manager -� A. The following is to be completed by the duly authorized officer of the organization- 1. True Name: u'r //0 (last) � (fi //rst) (middle) • 2. Residence Address: S3/ 1lleSQ� -ef ffu �ij�.rJS� ,v. Tstreet (cizv) (sta't/e)) (zip cc 3. Date of Birth: 8 'le 3 4. Place of Birth/' TUitiSO1'! (mo. ) (day (year) city & state 5. Have you ever been convicted of any crime other than a traff' offense? Yes _ NO X. If yes, explain B. The following is to be completed by the designated bingo manager of organization: 1. True Name: AIFULAR -A b4a4 LAwR&ucR (last) (first) (middle) 2. Residence Address: 8HH M )I! 31. Nvlcli NsoV, NAI. 55350 (MM )II zip code) 3. Date of Birth: $ -/ / -HI 4. Place of Birth: W10AfJf �'h N. (Mo., day & year) city & state 5. Have you ever been convicted of any cri =e other than a traffi offense? Yes NO If yes, explain • 6. How long have you been a memb=_ 7. Attach a copy of the official designating you bingo manager. r of the organization? 1YvAs. resolution or official action 4Z —e` C. C_ =e ?n:orration: 1. Place w :ere bingo e"=nes 4:11 be Played (sr. AOE, 5•E. /•(ujAWSaN, M 2. Date or dates bingo will be played OEI:hIY - 1`%uRSJAY5 -7:oe- 11:eo� (date and /or day(s) c. ae__j 3. flours of the day bingo will pla;,ed: From Waa AEA. to Social Security Number: hL% Business ID Number: • P.M. P. ?' 4. May.icum number of players /Se 5. Will prizes be paid in money or merchandise_? Qe�% 6. 1-,'ill refreshments be served during the ti =e the &=-::es are being conducted: Yes V' No If so, will a charge be made for such refreshments. Fes _SC NO D. Organization Information: 1. Address where regular meetings are held AN7isf. Aa -TF. 6/ 1411nlSeN,Mi 2. Day and time of meetings .?Aj - tLkFSJAY eF%tl E MOOL 8166 P.M* 3. Is the applicant organization organized under the laws of the state of 1•;innesota? Yes w,-" No 4. How long has the organization been in existence? �. 4a. How many members in the organization? e/J6 5. What is the purpose of the organization? UR�ERA iJ �FRA �CLAAI -G l�i� 6. Officers of the Organization: • Name Address Title M •l; SR S31 FW PEI-t �N4 " :030, MN CAMM,o►,1ciL1� MARK t,ErzAy Isis 1171, AOE AE , Ndle- i.`usaM AM SR dkE CbM —MAM)t MA",W TBARWES R1 B Nu'A W f6tj 4uARf¢cAWN 7. Give names of officers or any other persons paid for services to the organization: Name Address Title Social Security Number: hL% Business ID Number: • n Li 11 • D. C- Ean_za Dior. I. *,:c= .- --- t` -or.: ( Cc, r,t:r.ued) E. In whose custodti• will c- gan_zation recc -is be Naze DAVE 1. MEA -IP'A Address BHuR;11 st. Jluiei;#jSMgM0. 9. If the organization carries sufficient :nslira rice to cozcen_° the plavers in the event any injury is E- stained by player_ participating in the bingo game, or while on the licensed premises, please state the N&kf� wrstrAN Name of Insurer hgyi.uAlYus.P1AW and Policy No. 5MP&138e1 10. Fave you (,Manager E Officer) read, and do you thorcughly understand the provisions of all law's, crdinEnces, and re ulat' r. v rning the oiler ti of b. to yes? � r. � vrs _ DAAE L. IdPuthfi- A vps -MA010 C. KDRPq Jit. 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the organization: 1. Name of bonding-company iRAOAHERkA 2. Address of bonding company +Y►{ gmp;Qt GJJ �No. ' 3. Amount and duration of bond'r,r'bbb& 5Sp1'¢M6tt I+11rT 4. Application is hereby made for waiver of the bonding requirements.. Fes_ No _ f I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance NO. 655 relating to bingo, and I will familiarize myself with the contents thereof. Subscribed and Day of T iy Mt a Aw wk3 sMWWW00 AN A1Nnoo oomon V10S3NNJn - : nWW ANYION [•7i Signature of author2zea oiiicer of organize Date: % //- 'Fy sworn to before me a notary public on this l/ Signature of Notary Public Commission expires on worn to before me a notary public on this , 19 Signature of Notary Public Commission expires on 0 OF (612) 587 -5151 7 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 25, 1989 MAYOR'S APPOINTMENTS TO BOARDS CHRISTMAS LIGHTING COMMITTEE Jay Beytien Larry Dostal Jay Alrick Dolf Moon Paul Ackland NURSING HOME BOARD Roger Gilmer 0 Z/ - 'L , C (612) 587.5151 JWJHUTCHINSON, ITY OF HUTCHINSON WASHINGTON AVENUE WEST MINN. 55350 MEMO JULY 18, 1989 TO: MAYOR & CITY COUNCIL ----------------------------------------------------------- - - - - -- FROM: KEN MERRILL, FINANCE DIRECTOR ----------------------------------------------------------- - - - - -- SUBJECT:1988 AUDIT REVIEW ----------------------------------------------------------------- Representatives from Charles Bailly Co. will be present at this city council meeting. The intend is to review our 1988 audited financial report which was given to you at the last meeting. • They also intend to review the management letter which is attached to this agenda. If you have any questions prior to the meeting give me a call or the auditors will be reviewing and taking all questions at the meeting. PLEASE BRING THE 1988 AUDIT TO THE MEETING! • 61c' L • • JULY 13, 1989 GENTLEMEN: >`'' �d JUt J98y No BVEjj ti I'M WRITING IN REGARD TO THE CONDITION OF OSGOOD AVE. DIRECTLY IN FRONT OF MY RESIDENCE AT 966 OSGOOD AVE. S.W. AS YOU ARE AWARD OSGOOD AVE. AS WELL AS SEVERAL SURROUNDING STREETS REQUIRE REPAIRS EACH SPRING. THIS YEAR MOST OF 7 H STREET WAS REPAIRED EXCEPT FOR A LARGE HOLE DIRECTLY IN FRONT OF MY DRIVEWAY AND THE HOUSE ACROSS THE STREET. I HAVE SPOKEN TO THE STREET DEPARTMENT TWICE, THE LAST TIME ONE WEEK AGO. IF I UNDERSTOOD CORRECTLY, THE STREET WAS ONLY PARTIALLY REPAIRED IN ORDER TO FORCE THE RESIDENTS TO PETITION FOR A NEW STREET. WHILE I DO NOT PRESENTLY SUPPORT OR CPPOSE A NEW STREET, I DO QUESTION .HIS METHOD OF DETERMINING WHETHER A STREET SHOULD BE REPAIRED OR REPLACED. I REALIZE REPAIRS ARE EXPENSIVE, BUT WOULDN'IT BE BETTER TO SCHEDULE A PUBLIC HEARING TO DETERMINE WHAT COURSE OF ACTION SHOULD BE TAKEN RATHER THAN SIMPLY ALLOW THE STREET TO DETERIORATE? THIS LACK OF REPAIR HAS A MAJOR IMPACT ON MY PROPERTY, AND I AM BECOMING VERY CONCERNED THAT MY CARS ARE BEING DAMAGED HAVING TO BACK OVER THIS HOLE SEVERAL TIMES EACH DAY. IN ADDITION CHUNKS CONTINUE TO BREAK LOOSE. THE SITUATION WILL BECOME ABSOLUTELY INTOLERABLE IF LEFT TILL WINTER WHEN IT BECOMES FROZEN. I WOULD SINCERELY APPRECIATE YOUR REVIEWAL OF THIS PROBLEM WITH THE STREET DEPARTMENT TO DETERMINE WHAT COULD BE DONE. THANK YOU FOR YOUR CONSIDERATION, SINCERELY RRY ROMO 966 OSGOOD AVE. S.W. HUTCHINSON, MN. 55350 6—,A- July 21, 1989 (612) 587 -5151 r CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O TO: MAYOR AND CITY COUNCIL FROM: Marlow V. Priebe, Director of Engineering Afye. RE: Osgood Avenue This street has been on the Public Works Improvement list for many years. To date the small potholes have been patched. To do a total patching job for 1989 on this street as well as Hayden will be expensive. I am sure that the pothole problem will reoccur again in 1990. In the past most project hearings have been held in the fall prior to the year of the improvement. This is usually after patching has been done and the street is in satisfactory condition. I recommend that in the future hearings on older streets be held in May or June before any repair is made. Any streets in need of con- struction or reconstruction in 1991, the hearing would be held in May or June of 1990. I believe we have done too much patching this year to have any satisfactory hearings for "older" streets in 1990. 40 r L (612) ` • H - U - T - C - H - I - N - S - O•N M - I - N - N - E•F•O•T•A 37 Washington Ave. W. • Hutchinson, MN 55350 i L Gary Plotz k7W4 �1J City Administrator J^ Hutchinson, MN 55350 Gary, This letter is regarding the conversation you had with Skip Quade on Monday, July 17, 1989. He has brought to your attention a Landscape Study • which was proposed to the Mainstreet - Hutchinson organization by the University of Minnesota. The study will include the beautification of the intersection of Highway 7 and Highway 15, and down Main Street to Girl Scout park. Because the study is done by a number of University students for a summer school class, Hutchinson will have up to twenty different solutions for landscaping that area. We will then be able to choose a solution and work with our city forester for implementation. The cost of having the University of Minnesota Landscape Architecture class do this project for Hutchinson is approximently $950.00. We would like to request assistance in this development study for the amount of $500.00 with the remainder coming out of the Mainstreet - Hutchinson budget. We feel this study could be implemented and would add a touch of beauty to • our busiest intersection. Thank you. Sincerely..) Gretchen Niemiste, {Coordinator Skip Quade, President (612) 587.5151 f1UTlH' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 18, 1989 T0: MAYOR AND CITY COUNCIL �� FROM: CONNIE MANGAN, DOWNTOWN REVITALIZATION PROJECT COORDINATO � \Vll��\ SUBJECT: HUTCH HOTEL PROJECT Under the grant of £862,930 from the Small Cities Development Program (SCDP), £300,000 was awarded for renovation of the Hutch Hotel into apartments for low and moderate income persons. The SCDP is funded through the Department of Housing and Urban Development (HUD). Currently some HUD programs, including the SCDP, are under investigation for funding questionable projects. Consequently, we want our rehabilitation project to follow all development standards. • Because the apartment market in Hutchinson has changed considerably since the grant was written in December 1987, the SCDP staff has requested updated documentation of the project. I will be preparing a feasibility study with assistance from John Bernhagen and the Hutchinson Community Develpment Corporation (HCDC). The study will include: Market Analysis of Rental Property Need Study Project Plan Financial Feasibility Report This information will be reviewed by the HCDC. After their review a meeting will be held with representation from the SCDP, HUD, Minnesota Housing Finance Agency and Farmers Home Administration to gain their input on the project's feasibility and fundability. After this meeting a request for proposals will be made available to developers. The HCDC will choose the developer based on their ability to meet our project plan and their financial package. CM /h -5 • �D — G 0 RESOLUTION IDENTIFYING CONGESTED TRAFFIC AREAS Resolution No. 9043 WHEREAS, the Hutchinson City Council has adopted Section 8.05 of the City Code, effective July 1, 1989; AND WHEREAS, Section 8.05 deals with the congested traffic problems as identified by the Hutchinson City Council; AND WHEREAS, the Hutchinson City Council believes that a traffic congestion problem does occur on Main Street from the Crow River on the north to Linden Avenue on the south; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON. MINNESOTA: 1. The City Council hereby determines that a traffic congestion area exists on Main Street from the Crow River on the north to Linden Avenue on the south. 2. That Main Street, in the area designated as a congestion area, shall be sign posted to comply with the Section 8.05, Subdivision 3. • Adopted by the City Council this 25th day of July, 1989. City Administrator 40 Mayor RESOLUTION NO. 9044 • Resolved that CITY OF HUTCHINSON enter (recipient) into Contract # with the state of Minnesota, Department (1990) of Transportation, to provide a public transportation service in CITY OF EUTCHINSON (service area) Further resolved that CITY OF HUTCHINSON agrees (recipient) to provide 40 percent of the total operating cost and 20 percent of the total capital cost of the transit project from local funds. Further resolved that authorization to execute the aforementioned Contract and any amendments thereto is hereby given to the CITY ADMINISTRATOR or the HZYOR (title) (title) •Further resolved that the CITY ADMINISTRATOR or the (title) E FINANCE DIRECTOR is hereby authorized to execute requests for (title) reimbursement from the Minnesota Department of Transportation. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by HUTCHINSON CITY COUNCIL the day of at a duly authorized meeting thereof held on meeting in my possession. ATTEST: Gary D. Plotz CITY ADMINISTRATOR 19 as shown by the minutes of said Page 31 name Paul L. Ackland MAYOR (title) RESOLUTION ACCEPTING BID AND AWARDING CONTRACT RESOLUTION NO. 9045 • LETTING NO. 6 PROJECT N0. 89 -04 WHEREAS, pursuant to an advertisement for bids for the improvement of the North side of South Grade Road from T.H. 15 to Dale Street and on the South Side of South Grade Road from T.H. 15, West to the Hutchinson Mall Entrance at Merrill Street by the Construction of Sidewalk and Appurtenances; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Hanson & Vasek Construction, Inc. Siehndel Construction Amount Bid Part A - $36,120.00 Part B - $36,195.00 Part C - $13,859.00 Part A - $37,215.00 Part B - $37,793.00 Part C - $12,666.80 AND WHEREAS, it appears that Hanson 8 Vasek Construction of Hutchinson, Minnesota, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL HUTCHINSON, MINNESOTA: • 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Hanson & Vasek Construction of Hutchinson, Minnesota, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed; and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the City Council this 25th day of July, 1989. City Administrator I—] Mayor ,/_ • RESOLUTION ESTABLISHING LOCATIONS FOR TRAFFIC CONTROL DEVICES Resolution No. 9046 WHEREAS, the City of Hutchinson has received from a number of it's residences living in the Clifton Heights area, a petition for traffic control devices to be located in that area: AND WHEREAS, the City Engineer and Police Chief have reviewed said petition as well as the area identified; AND WHEREAS, the City Engineer and Police Chief have made recommendations to the Hutchinson City Council for location of certain traffic control devices; AND WHEREAS, pursuant to Section 7.04, Subdivision 1, the Hutchinson City Council has authority to establish certain locations as points where traffic control devices shall be erected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. That the Hutchinson City Council hereby establishes the following locations as points where a "yield the right of way" traffic control device shall be erected to control traffic entering onto Hilltop Drive at the following intersections: a. Paul's Road b. Mark Drive C. Garden Avenue 2. That the Hutchinson City Council hereby establishes the following location where a traffic control device shall be erected, known as a "yield the right of way" traffic control device, to control traffic entering onto Lindy Lane: a. Intersection of Mark Drive 3. That the Hutchinson City Council hereby establishes that a traffic control device be erected, known as a "yield the right of way" traffic device, for traffic entering on to Garden Avenue from the following streets: a. Lindy Lane q-1. 2 4. The Hutchinson City Council hereby declares that a • traffic control device, known as a "slow children playing" sign, be placed near the intersection of Paul's Road and Hilltop Drive to warn traffic traveling east on Hilltop Drive of children playing on Hilltop Drive. Adopted by the City Council this 25th day of July, 1989. City Administrator Mayor • r1 U l��NµE�T4 ;4f OF Tfk E Minnesota Department of Transportation BOX 766 2505 TRANSPORTATION ROAD WILLMAR, MINNESOTA 56201 July 17, 1989 Marlow Priebe, City Engineer City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: Municipal Cooperative Agreements for S.P. 4302 -36 (T.H_ 7) and S.P. 4305 -22 Dear Marlow: (612) 231 -5193 (T-H. 15) Enclosed you will find two copies of two Resolutions. These resolutions express the city's desire to enter into cooperative agreements on the above mentioned projects. The cooperative agreements are necessary for Mn /DOT to include the construction of City utilities in our plans. Please have the city council consider these resolutions at their next meeting. Please note that the City has already approved the layouts for these two projects. If passed, please provide me with two certified copies of each resolution that are properly signed and affixed with the city seal. Send the signed resolutions to me. questions, give me a call. Thank you. Sincerely, pi's %'�• Jon W. Henslin Pre- Letting Engineer Enclosures: 2 copies of 2 resolutions cc: P. Hughes M. Gieseke C. Michalko - 715 • (P -1:WP) An Equal Opportunity Employer If you have any r 1 u • • RESOLUTION No. 9047 WHEREAS, the State of Minnesota, Department of Transportation, proposes to make certain improvements on a portion of Trunk Highway No. t51 located in the City of Hutchinson in McLeod County, upon and along Main (Street) 6c1kv*M) ; and WHEREAS, it is the desire of the City that such improvements of said roadway along said street from (a distance of approximately Jct. TH 7 to the North Ci 4500 feet). BE IT RESOLVED by the City Council of Hutchinson that the State of Minnesota, Department of Transportation is requested to provide for improvements on the aforesaid portion of Trunk Highway No. 15 consisting particularly of: Milling & overlaying from Jct. TH 7 to 5th Ave. NE and removing & replacing the road surface (reconstruction) from 5th Ave. NE to the N. city limits and beyond and considered as construction and improvement of said roadway. BE IT FURTHER RESOLVED that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements of said trunk highway and before a contract is awarded for the construction of said improvements, the City shall enter into an agreement with the State which shall provide that the City shall pay its share of the cost of the requested improvements as determined by the State in keeping with its latest edition of Mn/DOT Directives - Basic Policies and Procedures, Cooperative Construction Projects with Municipalities (a copy of which has been received from the Minnesota Department of Transportation's District Engineer) and, that if the Sheet 1 of 2 State lets the construction contract, the Municipality will deposit with the State upon demand, after the execution of the agreement and before the state of • construction, a sum equal to an estimate of the City share as prepared by the Minnesota Department of Transportation. The City shall, in addition to paying its proportionate share of the cost of the proposed work, obtain at its sole cost and expense all necessary right of way easements and construction permits for the work to be performed outside the limits of the trunk highway or established city streets and roads, together with all drainage outlet rights where necessary. Such easements, permits and rights shall be obtained and certified copies of them furnished the Department of Transportation before any contract for the proposed work is awarded. CERTIFICATION • STATE OF MINNESOTA ) COUNTY OF McLeod ) CITY OF Hutchinson ) I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City of Hutchinson by the City Council at a meeting thereof held in the City of Hutchinson , Minnesota, on the day of ' 19 as disclosed by the recor s of said City in mY possession. aged this day of • , 19 (SEAL) City Clerk • (Note: Furnish Minnesota Department of Transportation two (2) certified copies.) R E S 0 L U T I ON No. 9048 WHEREAS, the State of Minnesota, Department of Transportation, proposes to make certain improvements on a portion of Trunk Highway No. 7 located in the City of Hutchinson in McLeod County, upon and along Park Avenue NE and WHEREAS, it is the desire of the City that such improvements of said roadway along said street from Jet. 5th Ave. NE to approximately 1700' east of Garden Road (a distance of approximately 5000 feet). BE IT RESOLVED by the City Council of Hutchinson that the State of Minnesota, Department of Transportation is requested to provide for improvements on the aforesaid portion of Trunk Highway No. 7 consisting particularly of: removing and reconstructing roadway to an urban section with • continuous 2 -wav left turn lane and considered as construction and improvement of said roadway. BE IT FURTHER RESOLVED that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements of said trunk highway and before a contract is awarded for the construction of said improvements, the City shall enter into an agreement with the State which shall provide that the City shall pay its share of the cost of the requested improvements as determined by the State in keeping with its latest edition of Mn /DOT Directives - Basic Policies and Procedures, Cooperative Construction Projects with Municipalities (a copy of which has been received from the Minnesota Department of Transportation's District Engineer) and, that if the 0 Sheet 1 of 2 State lets the construction contract, the Municipality will deposit with the State upon demand, after the execution of the agreement and before the state of • construction, a sum equal to an estimate of the City share as prepared by 4e Minnesota Department of Transportation. The City shall, in addition to paying its proportionate share of the cost of the proposed work, obtain at its sole cost and expense all necessary right of way easements and construction permits for the work to be performed outside the limits of the trunk highway or established city streets and roads, together with all drainage outlet rights where necessary. Such easements, permits and rights shall be obtained and certified copies of them furnished the Department of Transportation before any contract for the proposed work is awarded. CERTIFICATION • STATE OF MINNESOTA ) COUNTY OF McLeod ) CITY OF Hutchinsnn ) I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City of Hutchinson by the City Council at a meeting thereof held in the City of Hutchinson Minnesota, on the day of 19 as disclose , y the recor s of said City in rRy possession. atedthis dVy of 19— (SEAL) City Clerk • (Note: Furnish Minnesota Department of Transportation two (2) certified copies.) �, \NNESOTq rOF TaP`'y Minnesota Department of Transportation BOX 768 2505 TRANSPORTATION ROAD WILLMAR, MINNESOTA 56201 July 17, 1989 Marlow V. Priebe, City Engineer City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Marlow: This letter is in response to your May 18, 1989, letter and a previous letter written by Eugene Anderson (January 12, 1989). There is agreement between the city, concerned citizens and the state regarding the access to Lynn Road at Clinton Avenue (the proposed protected left -turn lane provided in the proposed plans for S.P. 4304 -41). Therefore, as requested in Resolution 9(a) (City Council minutes of May 9, 1989), permission is granted to construct a left -turn lane off TH 15 at Clinton Avenue. • The junction of Lynn Road and South Grade Road was another area of concern. The City, in the same resolution mentioned earlier, requested permission to "for an indeterminate period of time the south end of Lynn Road to be left open but not at an angle and leave the median on South Grade Road in place ". This request is respectively denied. Lynn Road is too near TH 15 to provide an adequate turning radius onto Lynn Road. In the previous letter we received, it was also requested to shorten the median on South Grade Road. That request is also denied; first for safety reasons, and second because shortening the median will interfere with the proper operation of the traffic signal. Sincerely, V /f Patrick C. Hughes District Engineer cc: M. G. Gieseke Jim May Jon Henslin 1. 2re-7-- MINNESOTA i An Equal Opportunity Employer 1990 !*�HNESOT4 t Minnesota Department of Transportation Fti 5� BOX 768 OF TPP� 2505 TRANSPORTATION ROAD WILLMAR, MINNESOTA 56201 July 17, 1989 Marlow V. Priebe, City Engineer City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Marlow: Enclosed you will find four copies of a Cooperative Construction Agreement (Agreement No. 66105) and three copies of a suggested Resolution. The resolution provides for payment by the State to the City of the State's share of the cost of the turn lane construction to be performed upon, along and adjacent to Trunk Highway 15 within the corporate city limits. To process this agreement, please present the resolution to the Council for their approval. The resolution, once completed, will authorize city officers to sign the agreement on the behalf of the City Council. After the resolution has been passed, please present the agreement to the Council for their approval. After both the resolution and agreement have passed, please return three executed resolutions and three executed agreements to me. (Note: All three resolutions and all three agreements must be signed and affixed with the City Seal. The forth copy of the agreement is for your records. Once fully executed, a copy will be returned to you. If you have any questions, please contact Jon Henslin, Project Manager, at (612) 231 -5193. Sincerely, Patrick C. Hughe District Engineer Enclosures: Three Resolutions Four Agreements cc: C. Michalko - 715 M. G. Gieseke np�— J. Henslin MINNESOTA ' An Equal Opportunity Employer 11490 0 L 66105 CITY OF HUTCHINSON BE IT RESOLVED that the City of Hutchinson enter into Agreement No. 66105 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: to provide for payment by the State to the City of the State's share of the cost of turn lane construction performed on Trunk Highway No. 15 at Lynn Road in accordance with plans designated as State Project No. 4304 -41 (T.H. 15 =151). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. • State of Minnesota County of McLeod City of Hutchinson I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Hutchinson at a duly authorized meeting thereof held on the day of 1989, as shown by the minutes of said meeting in my possession. City Clerk 0 0 AGREEMENT STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT 66105 S.P. 4304 -41 (T.H. 15 =151) State Funds Agreement between AMOUNT ENCUMBE The State of Minnesota Department of Transportation, and $42,696.70 The City of Hutchinson Re: State cost turn lane construction on T.H. 15 at Lynn Road in Hutchinson AMOUNT RECEIVABLE (None) i THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Hutchinson, Minnesota, acting by and through its City Council, hereinafter referred to as the "City ". -1- • 66105 WITNESSETH: WHEREAS the City is about to award a contract for turn lane construction and other associated construction to be performed on Trunk Highway No. 15 at Lynn Road within the corporate City limits in accordance with State - prepared plans, specifications and special provisions therefor designated as State Project No. 4304 -41 (T.H. 15 =151); and WHEREAS the City has requested participation by the State in the costs of the turn lane construction; and WHEREAS the State is willing to participate in the costs of the • turn lane construction as hereinafter set forth; and n ►J WHEREAS Minnesota Statute section 161.20 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: -2- Its 66105 • ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall duly receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State - prepared plans, specifications and special provisions therefor designated as State Project No. 4304 -41 (T.H. 15 =151). The contract construction shall be performed in accordance with the State - prepared plans, specifications and special provisions which are on file in the office of the City's Engineer and in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same • force and effect as though fully set forth herein. Section B. Documents to be Furnished to the State The City shall, within 7 days of the opening of bids for the construction contract, promptly submit to the State's Municipal Agreements Engineer a certified copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. -3- N • 1] 66105 Section C. Cancellation of Agreement Each party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days after the opening of bids in the event either party determines any or all bids unsatisfactory; the withdrawal from or cancellation of the agreement shall be accomplished by either party serving a written notice thereof upon the other. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City, and shall be under the supervision of a registered • professional engineer; however, the State cost participation construction covered under this agreement shall be open to inspection by the State's District Engineer at Willmar or his authorized representatives. In addition, the City shall give the District Engineer five days notice of its intention to start the contract construction. The responsibility for the control of materials for the State cost participation construction covered under this agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including • cc -4- V 66105 No. 1609 as set forth in the State's current "Standard Specifications for Construction ". Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule set forth in the construction contract special provisions. The completion date for the contract construction may be extended by an exchange of letters between the appropriate City official and the State's District Engineer for unavoidable delays encountered in the performance thereof. Section F. Additional Construction, Plan Changes, Etc. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this agreement unless the necessary State funds have been requisitioned prior to the performance of the additional construction and the terms and conditions in the following paragraph have been met. Any and all changes in the plans, specifications and /or special provisions for the State cost participation construction covered under this agreement and all "Change Orders" and /or "Supplemental • r- I L -5- 40 • 66105 Agreements" entered into by the City and its contractor for State cost participation construction covered under this agreement must be approved in writing by the State's District Engineer before payment is made by the State therefor. Section G. Compliance with Laws, Ordinances and The City shall, in connection with the award and of the construction contract and the performance construction, comply and cause its contractor to Federal, State and Local laws including Minnesot 16B.101 (1988), together with all ordinances and Regulations administration of the contract comply with all s Statute section regulations • applicable to the award and administration of the construction contract and the contract construction. Section H. Right -of -Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights -of -way, easements, construction permits and /or any other permits and sanctions that may be required in connection with the contract construction, and shall promptly furnish the State with certified copies of the documents for all of those rights -of -way, easements, construction permits and /or other permits and sanctions. 66105 • ARTICLE II - BASIS OF PAYMENT OF CONSTRUCTION COSTS BY THE STATE The State shall pay to the City, as the State's share of the costs of the contract construction, the costs of the "STATE COST PARTICIPATION CONSTRUCTION" described below. Payment by the State shall be based on the final quantities of State cost participation construction work items performed or the final payment quantity in the case of plan quantity items multiplied by the appropriate unit prices contained in the construction contract and /or construction contract "Change Orders" or "Supplemental Agreements" approved by the State's District Engineer. . A SCHEDULE "I ", which lists all of the anticipated State cost participation construction and construction engineering items covered under this agreement, is attached hereto and made a part hereof by reference. It is hereby understood and agreed that damages assessed the City's contractor construction contract shall result in a and the State in the same proportion as cost share covered under this agreement construction cost without any deduction -7- any and all liquidated in connection with the credit shared by the City their total construction is to the total contract for liquidated damages. 0 0 66105 STATE COST PARTICIPATION CONSTRUCTION All of the following construction to be performed on Trunk Highway No. 15 at Lynn Road in accordance with State - prepared plans, specifications and special provisions designated as State Project No. 4304 -41 (T.H. 15 =151). 100 PERCENT All of the turn lane construction, including mobilization, as shown in the construction plan for State Project No. 4304 -41 (T.H. 15 =151) and as described and tabulated on Sheet No. 2 of the attached SCHEDULE "I ". • ARTICLE III - PAYMENT BY THE STATE • Section A. Estimate and Advancement of the State's Cost Share It is estimated, for accounting purposes, that the State's share of the costs of the contract construction which includes a $3,800.00 contingency amount is the sum of $42,696.70 as shown in the attached SCHEDULE "I ". The attached SCHEDULE "I" form lists all of the anticipated State cost participation construction work items and was prepared using plan quantities and estimated unit prices. The State shall, when it has received and reviewed the construction contract bid documents described in Article I, -8- V V 66105 0 Section B. hereof, then decide whether it will concur in the City's award of the construction contract and, if so, prepare a revised SCHEDULE "I" based on the construction contract unit prices. The contingency amount is provided to cover overruns of the plans estimated quantities of State cost participation construction work items and /or items of State - approved additional construction. The State shall advance to the City an amount equal to the State's total estimated cost share, less contingency amount, as shown in the revised SCHEDULE "I" forthwith after the following conditions have been met: 1. Encumbrance by the State of an amount equal to the State's total estimated cost share, including contingency amount, as shown in the revised SCHEDULE "I ". 2. Execution of this agreement and the State's transmittal of same to the City along with a copy of the revised SCHEDULE "I" and a letter advising the City of the State's concurrence in the award of the construction contract. 3. Receipt by the State of a written request from the City for the advancement of funds. The request shall include im n LJ 0 66105 certification by the City that the construction contract has been executed by all necessary parties. In the event it appears at any time that the amount to be paid by the State to the City for the State cost participation construction covered under this agreement is about to exceed the current amount of encumbered State funds, the City shall notify the State's District Engineer in writing prior to the performance of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to complete the State cost • participation construction including construction engineering • costs and the reason(s) why the current amount encumbered will be exceeded. The State shall approve the additional State cost participation construction and submit a request for encumbrance of the necessary additional funds to the Minnesota Department of Finance. That action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. Should the City cause the performance of contract construction which would otherwise qualify for State cost participation but for which the State has not previously encumbered funds to cover -10- I'_ 66105 0 its participation therein, the City agrees that any such contract construction is done at its own risk. The City shall notify the State's District Engineer in writing of such additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to cover all of the additional State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. The State may approve the additional State cost participation construction and, if so, then submit the City's claim for compensation therefor along with a request for encumbrance of the necessary additional funds to the Commissioner of Finance for approval pursuant to Minnesota 0 Statute section 16A.15, but no guarantee is made that the claim will be approved. Upon the Commissioner of Finance's certification of the claim for compensation and the request for encumbrance of the necessary additional funds therefor, that action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. In the event the State determines that the submittal of a claim for compensation is warranted and it is deemed legally necessary to supplement this agreement, and if the claim is approved and a -11- n • J 66105 supplement to this agreement in connection with the claim is prepared and processed, the first $3,000.00 of the claim will not be eligible for payment. Section B. Records Keeping and Invoicing by the City The City shall keep such records and accounts that enable the City, before final payment is made by the State, to provide the State with the following: 1. Quantities of State cost participation construction work items performed and, if applicable, other State cost participation contract items which have been paid for by the City • and included in the requested payment. These quantities are to be entered on the Modified SCHEDULE "I" form provided by the State. 2. Copies of the City contractor's invoice(s) covering the State cost participation contract items. 3. Copies of the appropriate endorsed and cancelled City warrant(s) or check(s) paying the contractor's invoice(s). 4. Copies of any and all contract change orders and /or supplemental agreements covering the State cost participation contract items. • -12- us 66105 46 5. Certification form (provided by the State) signed by the City's Engineer in charge of the contract construction attesting to the following: a. The satisfactory performance and completion, in accordance with the State - approved City plans, specifications and special provisions made a part hereof by reference, of the contract construction represented in the City's invoice. b. The acceptance and approval of all materials furnished for the invoice construction relative to the compliance of those materials to the State's current "Standard Specifications for Construction ". • C. Full payment by the City to its contractor for the contract construction represented in the City's invoice. 6. When requested by the State, copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction represented in the City's invoice. 7. A formal invoice (original and signed) in the amount of the total cost of the State participation construction covered under this agreement. -13- • Is 66105 As provided by Minnesota Statute section 16B.06 Subd. 4, the books, records, documents, and accounting procedures and practices of the City relevant to this agreement are subject to examination by the contracting department or agency, and either the legislative auditor or the state auditor as appropriate. Section C. Final Payment by the State Final payment by the State to the City, of the total cost of the State participation construction covered under this agreement less the total amount of previous payments made by the State, shall be made (1) upon the satisfactory completion of all of the • State cost participation construction covered under this is agreement, acceptance thereof by the State and invoicing the State by the City in accordance with a written procedure furnished the City by the State and (2) upon the completion of all of the contract construction. If the total cost of the State participation construction covered under this agreement is less than the total amount of previous payments made by the State, then, and in that event, the balance of the previous payments shall be promptly returned to the State without interest. -14- 66105 46 Pursuant to Minnesota Statute section 15.415, the City waives claim for any amounts less than $2.00 over the amount of State funds previously received by the City, and the State waives claim for the return of any amounts less than $2.00 of those funds previously paid by the State. - ARTICLE IV - GENERAL PROVISIONS Section A. Claims The City shall defend, indemnify, save and hold harmless the State and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the contract 0 construction, associated construction engineering and /or maintenance performed by the City hereunder, and shall defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the contract construction, associated construction engineering and /or maintenance performed by the City hereunder. Any and all employees of the City and all other persons employed by the City in the performance of any contract construction, construction engineering and /or maintenance required or provided -15- is N 0 66105 for hereunder by the City shall not be considered employees of the State and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the contract construction, construction engineering and /or maintenance to be rendered herein by the City shall in no way be the obligation or responsibility of the State. Section B. Nondiscrimination • The provisions of Minnesota Statute section 181.59 and of any 0 applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section C. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of the City and shall also receive the approval of state officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. -16- 6610 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By ti'�/ - X'At�m /7) Director - Agreement Services Section By District Engineer By Deputy Division Director Technical Services Division Approved: By Deputy Commissioner of Transportation Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Special Assistant Attorney General CITY OF HUTCHINSON 0 Mayor Date By City Administrator Date DEPARTMENT OF ADMINISTRATION Approved: By (Authorized Signature) Date A c -17 , LJi1 - 1 - PRELIMINARY SCHEDULE "I" Agreement No. 66105 City of Hutchinson Preliminary: May 18, 1989 S.P. 4304 -41 (T.H. 15 =151) State Funds Turn lane construction Performed under City Contract No. with located'on T.H. 15 at Lynn Road in Hutchinson STATE COST PARTICIPATION From Sheet No. 2 $38.896.70 (1) Contingents Amount 3.800.00 Total Amount to be Encumbered $42.696.70 (1) For the State's use only as described in the body of the agreement - 1 - (P) = PLAN QUANTITY 66105 ITEM NUMBER S.P. 4304 -41 (T.H. 15 =151) WORK ITEM UNIT QUANTITY (1) UNIT PRICE COST (1) 2021.501 MOBILIZATION LUMP SUM 1.00 2.000.00 2.000.00 2104.501 REMOVE INTEGRANT CURB LIN. FT. 75.00 3.50 262.50 2104.501 REMOVE CURB AND GUTTER LIN. FT. 341.00 3.50 1,193.50 2104.503 REMOVE CONCRETE WALK SO. FT. 4.323.00 3.00 12.969.00 2104.503 REMOVE CONCRETE PAVEMENT SO. FT. 500.00 4.00 2,000.00 2104.505 REMOVE BITUMINOUS PAVEMENT SQ. YD. 110.00 4.00 440.00 2104.511 SAWING CONCRETE PAVEMENT LIN. FT. 160.00 3.00 480.00 2104.523 SALVAGE CASTINGS EACH 3.00 100.00 300.00 2105.525 TOPSOIL BORROW (LV) CU. YD. 17.00 7.50 127.50 2301.503 CONCRETE PAVEMENT IRREGULAR WIDTH (P) SO. YD. 401.00 10.00 4,010.00 2301.511 STRUCTURAL CONCRETE (P) CU. YD. 78.00 40.00 3,120.00 2301.529 REINFORCEMENT BARS (EPDXY COATED) POUND 187.00 2.00 374.00 2301.536 DOWEL BAR ASSEMBLIES LIN. FT. 224.00 5.00 1,120.00 2503.511 12" RC PIPE SEWER LIN. FT. 14.00 20.30 284.20 2506.507 CONST CATCH BASINS DESIGN C G OR H LIN. FT. 4.00 200.00 800.00 2506.516 CASTING ASSEMBLIES EACH 2.00 200.00 400.00 2506.521 INSTALL CASTINGS EACH 2.00 150.00 300.00 2521.501 3" CONCRETE WALK SO. FT. 1.938.00 2.00 3.876.00 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN. FT. 125.00 10.00 19250.00 2531.501 CONCRETE CURB & GUTTER DESIGN S524 LIN. FT. 263.00 10.00 2,630.00 2531.502 CONCRETE CURB DESIGN S5 LIN. FT. 66.00 10.00 660.00 2575.505 SODDING TYPE LAWN SQ. YD. 100.00 3.00 300.00 TOTAL $38,896.70 (1) 100% STATE - $38.896.70 - 2 - 0 RESOLUTION NO. 9051 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET FF%'DOR Backstop (2) $1650 Park Improvement Park Yes McBroon ParkBenches (16) 3000 Celebrate 1990 Grant Park Yes St. Croix Recreati( qW The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Jetter Pump 3543.7 Repair Sewer Yes MacQueen Equip Date Approved: &,tion made by: Seconded by: Resolution submitted for Council action by: --- (612) 587 -5151 lTY OF HUTCHINSON VASHING TON A VENUE WEST :HINSON, MINN. 55350 M E M O R A N D U M DATE: July 25, 1989 TO: Mayor $ City Council FROM: — Water Bill ink Department — — — — — — — — — — — — — — — — SUBJECT: DELINQUENT WATER AND SEWER ACCOUNTS FOR JULY ------------------------ - - - - -- Attached is a listing of the delinquent water and sewer accounts • for the monty of July. Recommend water service be discontinued on Monday, July 31, 1989 at Noon, • Deborah Bondhus Dennis Wedge Randy VanderVeen 841 Second Av SW 614 Third Av SW 645 Fourth Av SW Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 841 Second Av SW 614 Thrid Av SW 645 Fourth Av SW 2- 035 - 0841 -082 2- 050 - 0614 -031 2- 070 - 0645 -024 125.31 169.20 102.63 Promises payment cc: John Bomstad 619 4th Av SW 7/28/89 Hutchinson MN 55350 Kaycee Green Richard Mattson Kathleen Niesen 318 Dale St 505 Dale St 550 Harmony Ln Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 318 Dale St 505 Dale St 550 Harmony Ln 2- 350 - 0318 -094 2- 350 - 0505 -021 2- 465 - 0550 -081 60.94 109.87 33.80 cc: Lar -Thom 700 Hwy 7E. Hutchinson MN 55350 Chris Johnson Brad Burich E. Duesterhoeft 626 Harmony Ln 540 Harrington St 715 Harrington St Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 • 626 Harmony Ln 540 Harrington St 715 Harrington St 2- 465 - 0626 -081 2- 470 - 0540 -044 2- 470 - 0715 -031 113.23 125.52 165.31 Promises payment 8/1/89 Joan Burlingame Ronald Thompson Kenneth Healy 550 Lincoln Av 1320 McDonald Or 1585 McDonald Or Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 550 Lincoln Av 1320 McDonald Or 1585 McDonald Or 2- 640 - 0550 -061 2- 700 - 1320 -001 2 -700 -1585 -001 75.32 34.15 20.23 Greg Alrick 765 Milwaukee Av Hutchinson MN 55350 765 Milwaukee Av 2- 725 - 0765 -054 • 80.83 L. Env w'1UN SECTION SECTION —�u�� SECTION ruiui wte SECTION Electric SECTION ID BOND ERT. C BIDDERS I II III III IV IV V Insuran OPTION 1 OPTION 2 OPTION 1 OPTION 2 Anderson Interiors Hutchinson, MN Waldo's Custom Carpets $43,030.0 10% �I Hutchinson, MN (Deduct $1,!90) v\ Nemitz Paints Hutchinson, MN Quade Electric $29,000.00 5% Hutchinson, MN Portele Electric Hutchinson, MN Lundeen Floor Coveri g 34,379.0 10% Cokato, MN Lintex $27,172.26 $24,776.77 109, Minneapolis, MN (')22,305.86 (4)4,298.58 Chet Maki Painting $38,935.00 10% Hutchinson, MN Ahlgren Electric Dassel, MN Baril's Litchfield, MN Arthur Schuster i St. Paul, MN Westco Builders, Inc St. Cloud, MN A & B Electric 21,085.00 10% Hutchinson, MN R & H Painting, Inc. 35,820.00 10% Cokato, MP7 lop i PiDesign Dimensions 2177 Youngman Avenue, St. Paul, Minnesota 55116 6 July 19, 1989 City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55340 Attn: Gary Plotz RE: BURNS MANOR CARE CENTER BID AWARDS Dear Gary, After reviewing the bids submitted for Burns Manor Care Center, we recommend to the City of Hutchinson the following low bidders: Section I Floorcovering As you can see, a portion of the pricing has deviated from the original bid that was opened on July 11th. After reviewing the bids, we talked to each one of the bidders regardless of their original bid price to make sure that there was an understanding of what their pricing included. C// , --" Lundeen Floorcovering $34,379.00 ' Section II Wallcovering /Painting Chet Maki $42,235.00 Section III Window Treatments Option 1 $27,672.26 Option 2 $26,403.29 Privacy Cubicles $22,805.86 Bedspreads $4,298.58 Lintex Corporation of Minneapolis Section IV Furniture Joerns Healthcare $37,474.00 (Bid sent under separate cover) Section V Electric A & B Electric $21,085.00 As you can see, a portion of the pricing has deviated from the original bid that was opened on July 11th. After reviewing the bids, we talked to each one of the bidders regardless of their original bid price to make sure that there was an understanding of what their pricing included. C// , --" Section I: We talked with both Lundeen Floorcovering and Waldo's Custom Carpeting. Their original bids remain the same. • Section II: Both R & H Painting and Chet Maki were contacted. After reviewing the price we received from R & H, we discovered that they had bid the job incorrectly (per a miscommunication with us) and asked that they rebid the job. We offered the same to Chet Maki and asked that he review his figures. As you can see Chet Maki came back with a bid price of $42,235.00 and R & H submitted a bid price of $48,000.00. Section III: After talking with Lintex, who was the only bidder for this section, we changed some of the specifications and asked that they submit a new bid price according to the new specs. Section IV: There were two furniture companies specified in the original bid because Burns Manor had not decided which furniture they wanted to purchase. Since that time Burns Manor has selected the company called Joerns Healthcare. As you can see, we did not have a bidder for the furniture. We contacted Joerns Manufacturing and asked if they would sell directly to Burns Manor and they agreed as long as there was no other bidder to create a conflict of interest. We talked with Barry Anderson and cleared this with him. Joerns Healthcare is submitting a formal letter to the City of Hutchinson with the above bid price. By buying this furniture directly from the factory, we feel that Burns Manor is receiving the best possible price. • Section V: A & B Electric stands with their original bid. We want to thank everyone at the city office for being so helpful with all of our questions. A real special thanks to Marilyn for all her patience and help. I hope this will clear up any questions you may have about the bids. Please feel free to call if there are any questions /comments. Sincerely, o a. Ptmbon Laurie A. Pearson Director of Design cc: Ancher Nelson Kay Peterson Jim Mills Linda Nelsen Dorothy Lundberg • L] • JOERNS Ab SUNMSE MEDICAL Joerns Healthcare Inc. 5555 Joerns Drive P.O. Box 208 Stevens Point, WI 54481 -0208 (715) 341 -3600 In Wisconsin (800) 826 -0270 Toll Free City of Hutchinson Attns Mr. Gary Plotz City Administrator 37 Washington Ave. West Hutchinson, Mn. 55340 �J 19 July 19 N Subjects Resident Room Bed Quote for Burns Manor Nursing Home by Joerns Healthcare Dear Gary, Please accept this as my bid for the items listed below for Burns Manor Nursing Home. The total cost includes freight, receiving & unloading, uncrating & trash removal, set -up & installation. I will personally be at Burns Manor on the date the product is scheduled to be received, and can provide an inservice on the use and care of the products at that time or on a date which will be convenient to both staff and maintenance personnel. ITEM QUANTITY DESCRIPTION B7320P 64 Easy Care 80" Bed Spring w /Solid Pan Surface B732032 64 Oakcrest Bed Ends Color - Wisconsin Oak N203 64 Locking Caster Set N413 64 Floor Locks F163 64 Full Length Revolving Side Rails E04332 25 Automatic Overbed Table Color - Wisconsin Oak N444 2 Trapeze Supports N431 5 I.V. Rods TOTAL 37474.40 Thank "'ou Jo /n Z g�'Ski D strict Manager Joerns Healthcare Inc. 513 W. Clark St. Albert Lea, Mn. 56007 1 -507- 377 -8713 7� 1 • H U T C P U B L I C DATE: July 13, 1989 11K H I N S S C H O TO: Hutchinson City Council O N O L S FROM: Jim Mills, Youth Center Board of Directors SUBJECT: The Hutchmobile as a source of transportation for the city youth center. (DRY DOCK) The Youth Center Board of Directors, at their July 12, 1989 meeting, unanimously endorsed the concept of using the Hutchmobile as a source of transportation to and from the youth center. Suggested summer operating hours are from 6:00 P.M. to 10:00 P.M. Thursday through Sunday evenings. This transportation to be only access to and egress from the youth center facility. This concept was presented to the United Way of Hutchinson at their FY 90 funding hearings. The hearing committee was receptive to this proposal, and it should impact on future funding for center operations. It is anticipated that costs not covered by grant funding will be absorbed by charging a nominal rider fee and /or other donated sources of income. The Center (DRY DOCK) Board of Directors recommends that the city council direct the city administrator to expeditiously proceed with the appropriate grant application. INDEPENDENT SCHOOL DISTRICT 423 HUTCHINSON. MINNESOTA 55350 DISTRICT ADMINISTRAT'ON 30 GLEN STREET NORTH 16121 5872860 TECHNICAL INSTITUTE OF HUTCHINSON 211 CENTURY AVENUE I6 +21 581-3636 /`�Y (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 13, 1989 Ray Olson, Project Manager Transportation Building #815 St. Paul, MN 55155 Dear Ray: As you suggested in the telephone conversation yesterday with Gary Plotz and myself, we are submitting a request for an amendment to our 1989 Transit Agreement to facilitate a one -month demonstration project to provide transportation services to a new youth center. We are hoping to be able to consider this service at our July 25' city council meeting, subject to MN /DOT's response to this request. PROPOSAL: Service would be provided to the youth center beginning August 10. One of our city buses would be available from 6 to 10 p.m. each Thursday, Friday, Saturday and Sunday to transport youth between the youth center and their homes. A driver would be on call during those hours, to be reached via 2 -way radio from the youth center. The driver's wages and gasoline cost only would be submitted as expenses for this service. Estimated costs for this one -month demonstration are as follows: Driver's wages for 64 hours @$6.50 $416.00 (4 hours /day X 16 days) Gasoline (300 miles - 43 gallons @51.00 /gal) 43.00 TOTAL $459.00 We understand that the contract amendment would be for 60 percent state and 40 percent local share. Please let us know if any further information is needed. We look forward to your response for our council consideration on July 25. Sincerely, V OF TCHIN50N Hazel Sitz Transit Coordinator ✓ c c: Gary Plotz 7 -20 -89 Received telephone assurance from Ray Olson that the above expenses could be incorporated into our existing 1989 contract. H.S. ?- 6), • . DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. MCDOWELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. MIGEE July 20, 1989 ARNOLD & MGDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 TELECOPIER (612) 587-4000 RESIDENT ATTORNEY G. BARRY ANDERSON Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: Recycling Agreement Our File No.: 3188 -89 -0100 Dear Gary: OF OOUSSEL WILLIAM W. CAMERON PAUL D. DOVE 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 554LO (812)545 -9000 MN TOLL FREE 800 -343 -4545 TELECOPIFR (812) 545 -1792 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55071 (612) 389- 2214 TELECOPIER(012) 089-5506 I enclose herewith the revised Agreement between the City of Hutchinson and D.J. Enterprises, a partnership. This Agreement is in what appears to be final form and may be approved by the city council at the last regularly scheduled meeting in July. I have been advised by the contractor that the insurance will be issued by Mutual Service Insurance Company (MSI) through its local agent, Chuck Nielsen. The liability coverage will be in the amount of $500,000 and will also cover a $1,000,000 umbrella coverage. These amounts are satisfactory to this office. Yerks advises me that he does not have a formal partnership so I have prepared the Agreement with the understanding that he will sign individually as well. If you have any questions or problems in connection with the foregoing, please contact me. Very truly yours, 1RNOLD & MC OW ELL ' CAL W G. BarrAnderson • GBA /lls cc: Douglas Yerks ? -j-, REENENT BETWEEN THE CITY OF HUTCHINSON • AND D.J. ENTERPRISESt A PARTNERSHIP This Agreement, made this day of July, 1989, by and between the City of Hutchinson ( "City ") and D.J. Enterprises ("D.J."), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. 1. Commitments of Contractor. D.J. Enterprises, a Minnesota partnership, agrees as follows: a. To supply and set up recycling drop boxes throughout the City at locations approved by the City. b. D.J. will check and remove contents of the drop box as needed but in any event on a weekly basis. C. D.J. shall supply all necessary equipment for sorting, handling and moving of material. d. D.J. shall meet periodically with the City or with agents of the City, at the direction of the City, for the purpose of reviewing the program and for the purpose of making appropriate changes. e. D.J. shall be responsible for maintenance and cleaning of the drop box and drop box site or sites. f. D.J. shall abide by and conform with all laws, rules and regulations applicable to the relationship and duties of D.J. and the City. 2. Independent Contractor. It is understood and agreed that the relationship between D.J. and the City shall be that of independent contractor. The City has not hired D.J. as an employee of the City. The City shall not be responsible for any other benefits or expenses accorded to employees included but not limited to medical benefits, retirement benefits, unemployment or severance benefits and the City shall not provide workers' compensation coverage to D.J. 0 • 3. Insurance. D.J. shall pay for and obtain business liability insurance in the amount of $1.5 million and in form satisfactory to the City. D.J. shall obtain workers' compensation coverage in an amount and form satisfactory to the City. The City shall be named as a loss payee on all liability policies. D.J. shall provide performance bond coverage in the amount of $2,000. 4. Indemnity. D.J., while engaged in the performance of service or function related to this Agreement, agrees to indemnity, save and hold harmless, and to defend the City and all of its agents and employees from any and all claims, demands, actions of causes of action of whatever nature or character arising out of or by reason of the execution or the performance of the services provided in accordance with this Agreement. • 5. Commitments of the City. The City as its consideration for this Agreement shall perform the following: a. The City shall be responsible for monthly rent payments, if any, incurred as a result of the location of each of the drop boxes. The City shall pay to D.J. the sum of $25 per month per drop box provided, however, that the number and location of drop boxes shall be decided solely by the City. b. It shall be the City's responsibility to provide program information and advertising to encourage cooperation with the recycling effort. C. The City will either supply the household containers required for recycling or will make arrangements to have the containers available for purchase by the public. 6. Term of Agreement. This Agreement shall be effective for a maximum of six months from the date of execution. The City may terminate the Agreement at any time for any reason by providing one • week's written notice to D.J. Enterprises at the address given in this Agreement. 7. Assignment. Neither party may assign this Agreement without the written consent of the other party. 8. Effective Date and Entire Agreement-. This Agreement constitutes the entire Agreement by and between the parties. This Agreements shall become effective upon execution by the parties and upon approval of the Agreement by the city council for the City of Hutchinson. 9. Applicability to Other Parties. It is understood by and between the parties that D.J. Enterprises, while holding itself out as a partnership is not formally organized as a partnership. It is further agreed that the commitments under this Agreement shall extend to and include all members of D.J. Enterprises in their • partnership as well as individual capacity and shall specifically extend to Douglas Yerks. Dated: ATTEST: Gary D. Plotz City Administrator Dated: Dated: City of Hutchinson By: Its: D.J. Enterprises By: Douglas Yerks Its: Partner Douglas Yerks, Individually • July 10, 1989 ARNOLD & McDOWELL ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55418-1492 (812) 545 -9000 MN TOLL FREE 800- 343 -4545 CABLE MCLAW MINNEAPOLIS TELECOPIER (612) 545 -1793 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: State of Minnesota Property Condemnation Matter Our File No.: 3244 -88 -0026 OE COUNSEL WILLIAM W. CAMERON PAUL D. DOVE 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (612) 389.2 2 k4 TELECOPIER (912) 389 -5500 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 (B 12)587 -7575 TELECOPIER (812) 567 -4096 �/g91011 jlr!t 1900 0 Dear Gary: I have been advised by the Chairman of the Commissioner's panel • which heard the above - referenced condemnation matter that the award to the City of Hutchinson was as follows: 1. As to parcel 326B (the temporary easement), the commissioners awarded $1300. • 2. As to parcel 325C, which is a permanent taking as well as a temporary easement, the permanent taking consisting of approximately 3.0 acres, the award is $16,700. The net result to the City is a gain of approximately $3500 over the amount last offered by the State of Minnesota. I recommend acceptance of the commissioner's award and no further appeal. Please place this matter on the agenda for the last meeting in July. If there are questions, please do not hesitate to contact me. Thank you. GBA /lls 9E, DAVID B. . CHARLES R. R. CAR CARMIC HAEL GARY D. H�DOWELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. M,GEE July 10, 1989 ARNOLD & McDOWELL ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55418-1492 (812) 545 -9000 MN TOLL FREE 800- 343 -4545 CABLE MCLAW MINNEAPOLIS TELECOPIER (612) 545 -1793 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: State of Minnesota Property Condemnation Matter Our File No.: 3244 -88 -0026 OE COUNSEL WILLIAM W. CAMERON PAUL D. DOVE 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (612) 389.2 2 k4 TELECOPIER (912) 389 -5500 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 (B 12)587 -7575 TELECOPIER (812) 567 -4096 �/g91011 jlr!t 1900 0 Dear Gary: I have been advised by the Chairman of the Commissioner's panel • which heard the above - referenced condemnation matter that the award to the City of Hutchinson was as follows: 1. As to parcel 326B (the temporary easement), the commissioners awarded $1300. • 2. As to parcel 325C, which is a permanent taking as well as a temporary easement, the permanent taking consisting of approximately 3.0 acres, the award is $16,700. The net result to the City is a gain of approximately $3500 over the amount last offered by the State of Minnesota. I recommend acceptance of the commissioner's award and no further appeal. Please place this matter on the agenda for the last meeting in July. If there are questions, please do not hesitate to contact me. Thank you. GBA /lls 9E, 0 r1 LJ ir(612) 587 -5151 CITY OF HUTCHINSON 37 WASH/NG TON AVENUE WEST HUTCH1NSON, N1INN. 55350 July 20,1989 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: MARLOW PRIEBE, CITY ENGINEER MARK SCHNOBRICH, CITY FORESTER RE: REVISED MAINTENANCE AGREEMENT BETWEEN CITY AND STATE FOR LANDSCAPE PLANTINGS ON HIGHWAY RIGHT OF WAY We have reviewed the revised agreement and find it acceptable. ��LZG�Afy�-�1ir� Marlow Priebe Mark Sch'0brich 9-1 #..NNESOT4 �yT OF TRPd S Minnesota Department of Transportation BOX sae \ 2303 TRANSPORTATION ROAD �\ WILLMAR, MINNESOTA 36201 May 18, 1989 1 � / 1 LJ v- ♦ MAY1989 Bi....a r.� I Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, MN 55350 ` RE: Revised Maintenance Agreement between the State of Minnesota and the City of Hutchinson for Landscape Plantings on Highway Right -Of -Way. Dear Mr. Plotz: Enclosed are five copies of the revised Maintenance Agreement and the plan for the landscape plantings in Hutchinson. The agreement has been discussed with Mark Schnobrich on various occasions and was drawn in response to a request from the City of Hutchinson in late 1988. Please review the agreement and if it is satisfactory, secure the necessary signatures and return four copies to my office for further processing. Please destroy the agreement May 11, 1989. Sincerely, 4 -le-, Ate, G. R. Kopacek Pre - Operations /Bridge Engineer GRK /zmg that I sent you on cc: Mark C. Schnobrich (Forester, City of Hutchinson) J. W. May M. Lownsbury J. Gilb D. 0. Pederson File Enclosure 5GK05903 An Equal Opportunity Employer it V 0 0 MINNESOTA DEPARTMENT OF TRANSPORTATION PREPARED BY OFFICE OF MAINTENANCE MAINTENANCE AGREEMENT AGREEMENT BETWEEN AGREEMENT NO. THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND • THE CITY OF HUTCHINSON FOR LANDSCAPE PLANTINGS ON HIGHWAY RIGHT -OF -WAY. C.S. 4304, T.H. 15 in Hutchinson From the South Corporate Limits To 5th Avenue • AMOUNT ENCUMBERED 9 -F Agreement No. 65977 Maintenance Agreement Between The State of Minnesota and the City of Hutchinson. 9 THIS IS AN AGREEMENT between the State of Minnesota, acting by and through its'Commissioner of Transportation (State) and the City of Hutchinson (City). WHEREAS, the City is participating in a local program to landscape the roadside area on either side of T.H. 15 in southwest Hutchinson. WHEREAS, the plantings contemplated by the City also provide benefits to trunk highways administered by the State; and WHEREAS, the plantings have the benefit of reducing highway maintenance costs; and WHEREAS, the State has authority under Minnesota Statutes, • Section 160.22 to plant trees and shrubs along highways to protect highways from drifting snow, and /or for noise control or roadside beautification and enhancement, and WHEREAS, the State and the City have the authority under Minnesota Statutes, Section 40.12 (1984), to contract with each other for any authorized purpose in which they have a common interest. that NOW, THEREFORE, it is mutually agreed by the City and the State I The State shall provide the planting stock as full and final payment for the State's portion of the costs in the planting program which benefits the State. II The City shall bear sole responsibility for the cost of all planting operations for this program. All future maintenance and associated maintenance costs for the • landscape plantings shall also be the sole responsibility of the City. -1- 0 Agreement No. 65977 III All planting work shall conform to the Revised Landscape Plan submitted by the City of Hutchinson on September 9, 1988 and marked Exhibit "B" State Project No. 4304 -31 (T.H. 15 =151) sheets 30 through 33. It being understood and agreed that the tree locations shown on the plan are approximate and the exact locations will be staked in the field by the Forester, City of Hutchinson. IV The State Area Maintenance Engineer, or his representative, will inspect all planting locations for which the State supplied planting stock. All work performed shall be completed to the satisfaction of the State Area Maintenance Engineer. V • No future alteration of the landscape plantings, other than routine maintenance, shall be done without prior written consent of both the State and the City. VI It is further understood that all persons working on such planting operations are employees of the City or of third persons and are in no way employed by the State provided, however, that this clause shall not apply to persons employed directly by the Department of Transportation as inspectors. All contracts and agreements made by the City with third parties for the performance of any work to be done under this agreement shall be subject to the terms of this agreement. VII It is further understood and agreed that the City will not seek indemnity or contribution from the State, its agents or employees, in any claim, action or causes of action of any kind or character arising from alleged negligence of the work to be accomplished by the City under this agreement. VIII Before this Agreement becomes binding and effective, it shall be Opproved by resolution of the City Council and shall also receive the approval of such State Officers as the law may provide. -2- Agreement No. 65977 IN WITNESS WHEREOF, the parties have duly executed this Agreement by their only authorized officers and caused their respective seals to be hereunto affixed. (CORPORATE SEAL) DEPARTMENT OF TRANSPORTATION Recommended for Approval: By Area Maintenance Engineer By District Engineer CITY OF HUTCHINSON Attest Mayor City Clerk STATE OF MINNESOTA By Assistant Commissioner - Operations Division Date Approved: COMMISSIONER OF ADMINISTRATION By Authorized Signature Approved as to Form and Execution: Date By Special Assistant Attorney General -3- 0 E • 0 Agreement No. 65977 Introduced by Councilman Seconded by Councilman Whereas the Department of Transportation of the State of Minnesota has submitted to the City of Hutchinson an agreement to participate in landscape planting on highway right of way. Be It Resolved by the City of Hutchinson: That the Mayor and the City Clerk of the City of Hutchinson are hereby authorized and directed to enter into the Maintenance Agreement as submitted with the Department of Transportation of the State of Minnesota to participate in landscape plantings described in the Agreement. The question being on the passage of the resolution, there were yeas and nos. Passed , 19 Filed and attested this day 4V f , 19 City Clerk (SEAL) STATE OF MINNESOTA ) SS CITY OF HUTCHINSON ) I, City Minnesota, hereby certify that copy of a resolution passed b regular meeting held on in my office. Dated this day of Mayor Clerk of the City of Hutchinson, the foregoing is a true and complete y the City Council of said City at a 19 and now on file -4- 4RGKO5904 19 City Clerk 0 4-(1hin,5qbee July 20, 1989 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Council: This letter is a request for permission to temporarily vacate a portion of sidewalk and a portion of possibly three stalls of parking, using about 8' from the curb toward the center of the street. We will be doing a new brick /masonry front at the Hutchinson Leader office. It will be done is two phases to allow entry to the building during construction. We propose to use 4' orange safety fence and move it according to the phase of construction we are at. There will also be a time • when the alley will have to be baracaded. We will provide all baracade materials. Note the enclosed sketch of our plan. Please let us know at your earliest convenience. Contact Dennis Miller, at home office in Hutchinson, 587 -5651, Rt. 4 Box 109, Hutchinson. �SIIn nee reIy, Dennis Mille , Shingobee Builders, Inc. Enclosure • �'Lin I� tn� • TNOK I H i i • WASNiNGTON AYE PAF0.Y.IN6 0 � rJ� HUTCHINSON LEADED TeMP, Fence loyov'f NO SCALE ALLEY S (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN, 55350 M E M O R A N D U M DATE: July 19, 1989 TO: Hutchinson City Council -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — FROM: Hutchinson Planning Commission -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — SUBJECT: CONSIDERATION OF REVISED SITE PLAN SUBMITTED BY ROBERT HORNICK -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — • The Planning Commission recommends approval to City Council subject to satisfactorily meeting the planning staff criteria according to the planning staff attached memo of July 5, 1989. • 9 �- (6 72) 587 -5151 CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCi- ill'JSGN, ^��IILNt. E53:.O M E M 0 R A N D U M DATE: July 5, 1989 TO: Hutchinson Planning Commission FROM: Planning Staff- G.P1otz, J. Marka, M. Priebe, G. Field and D. Johaneson SUBJECT: CONSIDERATION OF REVISED SITE PLAN ON ROBERT HORNICK PROPERTY Staff recommends the following stipulations for the revised site plan: 1) Show the fire hydrant relocation. 2) Confirm on -site storm drainage, existing county tile system, sewer and water service availability and design with Marlow Priebe, Consulting City Engineer. • 3) All 3 land uses are permitted in a C -2. No Conditional Use Permit is needed. 4) Added or changed curb openings require Department of Transportation approval. Staff recommends NO curb -cut within 50' of intersecting Hwy 7 and 15 as per section 10.03 (b) of Hutchinson Zoning Ordinance. Eliminate non - conforming approaches. 5) Existing green space is existing but non - conforming. - 15'0" is required. 6) Provide underground tank design approval from the State Fire Marshal. 7) Provide 2 complete sets of building drawings signed by a Minnesota Registered Architect, Electrical and Mechanical Engineers. 8) A Demolition Permit is necessary to remove the yellow vacant home and existing station building. 9) Provide parking calculations and label the two wiping stalls required for the car wash exit. 10) Show 50' setback from the residential property to the west. 11) Show detailed curbing location and curb design details. 9� REVISED SITE PLAN ROBERT HORNICK PROPERTY - 7/5/89 PAGE 2 12) Provide Hutchinson Utilities with the following: • A. Gas load of Burger King pressure B. Gas load of Car Wash C. Gas load of Convenience Store D. Electric service size in amperage E. Electric service voltage F. Transformer and meter locations 13) Provide detailed drawing of fencing and buffering. 14) Drawing to be submitted to the Department of Health Plumbing Code and Restaurant Divisions. 15) Show the front yard setbacks - 25'0" from Hwy. 7. 16) Shield lighting and enclose trash. 17) Provide a statement agreeing to performance of Hutchinson's Zoning, Fire, Building and Engineering standards. 18) Show 5'0" side and rear yard parking setback between the car wash and other commercial uses. 19) Show 50' side and rear yard parking setback between car wash parking area and residential lot line. • 20) Shaw vacuum screening. • 4� 0 PUBLICATION NO. ORDINANCE NO. 8904 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: THAT the following described real property is hereby rezoned from R -2 (Multiple family residence) to C -3 (Central Commercial district). Lots 2, 3, 4 and 5 of Block 33 South Half of City of Hutchinson • Adopted by the City Council this 25th day of July, 1989. ATTEST: Gary D. P otz City Administrator • Paul L. Ackland Mayor II r16 12) 587.5151 TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST • HUTCP1NSCN, ,'/iNN. 55350 M E M O R A N D U M Date: July 19, 1989 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REQUEST TO REZONE FROM R -2 TO C -3 PROPERTY OWNED BY FAITH LUTHERAN CHURCH Pursuant to Section 6.06, C4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On June 23, 1989, Faith Lutheran Church, requested to rezone property located on 4th Ave and Hassan St. from R -2 (Multiple family residence) to C -3 (Commercial District). A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 18, 1989, at which time there was no one present who • objected to the request. FINDINGS OF FACT 1. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 6, 1989. 2. It was the consensus of the of the Planning Commission that the request was appropriate for the area. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be granted based on the findings set forth above. Respectfully submitted, William Craig, Chairman Hutchinson Planning Commission a • n U S.W. 2 3 4 5 (WEST • • W LW/�// Lt. � F— 8 N 7 e 6 132 10 9 8 h FAT M LUTXERAM 2 W n 9 R 0: -- 3 H 8 4 7 420 89.8 r 5 6 42.81 89 2 THIRD AVE[ 1 1312 °I If% I F AREA TO BE UZONE'D R -2 O C -S FOURTH 9 8 7 6 i3z AVE 132 02 132 132 6, 10 10 _ 2 2 9 2 9 3 8 3 e g q 7 4 7 5 /I • RESOLUTION NO. 9049 • RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO TO ALLOW THE OWNER TO CONSTRUCT AN ADDITION TO GARAGE LOCATED ON PROPERTY AT 518 2ND AVE SW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Neil Jensen, 518 2nd Ave SW, 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 new 22' x 24' garage over existing foundation on property located at 518 2nd Ave. SW with the following legal description: Legal description: Lot 2 of Auditor's nplat of subdivision of Lt 40, Lynn Addition to the City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use 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 subject to the recommendation of City Staff to expand the garage structure to the 22' x 24', except the SW corner which is to conform with the setback. Approved by the City Council this 25th day of July, 1989. ATTEST: Gary D. P o z City Administrator Paul L. ck an Mayor 1�J r ! (612)587-5151 C/T Y OF HUTCHINSON 37 WASHINGTON AVENUE WEST • HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 19, 1989 TO: Hutchinson City Council FR011: Hutchinson Planninq Commission SUBJECT: Conditional Use Permit_ as requested by Neil Jensen for an addition to garage at 518 2nd Ave SW Pursuant to Section 6.07, C5, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 29, 1989, Neil Jensen, 518 2nd Ave. SW, submitted an application for a conditional use permit to allow him to construct a new 22' x 24' garage over existing foundation on property located at 518 2nd Ave. SW. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 18, 1989, at which time there was no one present who objected to the request. • FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 6, 1989. 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 subject to the recommendation of City Staff to expand the garage structure to the 22' x 24', except the SW corner which is to conform with the setback. Respectfully submitted, William Craig, Chairman Hutchinson Planning Commisson • 9 CERTIFICATE OF SURVEY FOR NEIL JENSEN SECOND AVENUE SOUTHWEST • •• : S 5,o O. , _ 5. ft. sidewalk , sue, pp;m LOT 2 I lV M LOT 2 OF AUDITOR'S PLAT OF SUBDIVISION 8.2 OF LOT 40, LYNN 12.7 11.0 ADDITION TO THE ; 1 _ CITY OF HUTCHINSON HOUSE I P NO. 518 N p m p , '. d N 12 I ot•1 14.0 18.2 r` ' . - • '' wood deck I > • concrete I P ' driveway 1 ' 2 I W lD a j� ° r lye N 0 10 20 4b SCALE IN FEET power O o denotes iron p monument set M 112 inch by 14 inch iron pipe 0.9 woos picket fence 03. 0.4 I I hereby certify this survey was prepared by m, or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. !1J rIZ7 CQ",. Hillard Pelllnen, Registration No. 9626. Date G/27/ 8 PELLINEN LAND SURVEYING Hutchinson, MN Book P-88 Pace 9 Job No. ao,n, RESOLUTION NO. 9050 RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT OF ANDERSON BEELER ADDITION WHEREAS, June Redman, Hutchinson, subdivider of the property proposed to be platted as ANDERSON BEELER ADDITION has requested approval of the preliminary and final plat of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described lands in McLeod County, to -wit; Legal Description: That part of the Northeast Quarter of the Southwest Quarter of Section 1, Township 116 North, Range 30 West of the 5th Principal Meridian, described as follows: Beginning at the northwest corner of TOWN AND COUNTRY ESTATES, according to the recorded plat thereof, which point is 16.50 feet south of the north line of said Southwest Quarter of Section 1; thence southerly, along the west line of said TOWN AND CONTRY ESTATES and along the west line of STILLINGS HOEFT ADDITION, according to the recorded plat thereof, a distance of 669.78 feet to the southwest corner of said STILLINGS HOEFT ADDITION: thence westerly, along the north line of WAGNER DEVELOPMENT CORPORATION PLAT, according to the recorded plat thereof, a distance of 331.01 feet to the east line of Lot 1 of Block 3 of said WAGNER DEVELOPMENT CORPORATION PLAT; thence northerly, along said east line and along the east line of ROBERTS' FIRST ADDITION, according to the recorded plat thereof, and along the northerly extension of said east line, a distance of 669.28 feet to a point 16.50 feet south of the north line of said Southwest Quarter; thence easterly parallel with the last said north line, a distance of 331.56 feet to the point of beginning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of ANDERSON BEELER ADDITION is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota. BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Clerk, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. • Adopted by the City Council this 25th day of July, 1989 ATTEST: Gary D. Plotz Paul L. Acklan Mayor (612) 587.5151 H�rcy' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST • HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 19, 1989 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Preliminary and Final Plat of ANDERSON BEELER ADDITION submitted by June Redman Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a revised final plat. HISTORY On June 30, 1988, June Redman submitted a Preliminary and Final plat to be known as ANDERSON BEELER ADDITION located in that part of the Northeast Quarter of the Southwest Quarter of Section 1, Township 116 North, Range 30 West of the 5th Principal Meridian, described as follows: Beginning at the northwest corner of TOWN AND COUNTRY ESTATES, according to the a• recorded plat thereof, which point is 16.50 feet south of the north line of said Southwest Quarter of Section 1; thence southerly, along the west line of said TOWN AND CONTRY ESTATES and along the west line of STILLINGS HOEFT ADDITION, according to the recorded plat thereof, a distance of 669.78 feet to the southwest corner of said STILLINGS HOEFT ADDITION: thence westerly, along the north line of WAGNER DEVELOPMENT CORPORATION PLAT, according to the recorded plat thereof, a distance of 331.01 feet to the east line of Lot 1 of Block 3 of said WAGNER DEVELOPMENT CORPORATION PLAT; thence northerly, along said east line and along the east line of ROBERTS' FIRST ADDITION, according to the recorded plat thereof, and along the northerly extension of said east line, a distance of 669.28 feet to a point 16.50 feet south of the north line of said Southwest Quarter; thence easterly parallel with the last said north line, a distance of 331.56 feet to the point of beginning. FINDINGS OF FACT 1. The required application and plat maps were submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 6, 1989. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- • mentioned preliminary and final plat be approved. Respectfully submitted, qK 9 PUBLICATION NO. ORDINANCE NO. 8905 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: THAT the following described real property is hereby rezoned from R -5 (Mobile Home Park) to R -2 (Multiple family residence). Lot 12, Ex S 112, Block 10, North 1/2 City and South 198' of Lot 6, Block 11, North 112 City of Hutchinson Adopted by the City Council this 25th day of July, 1989. 0— ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor r 12) 587.5151 T Y OF HUTCHINSON 37 WASHINGTON AVENUE WEST . HUTCHINSON, MINN. 55350 M E M O R A N D U M Date: July 19, 1989 TO: Hutchinson City Council FROM: Hutchinson Plannina Commission SUBJECT: CONSIDERATION OF REZONEING FORM R -5 TO R -2 PROPERTY ON I4ATER S BEET REQUESTED BY CITY STAFF Pursuant to Section 6.06, C4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY In July City Staff requested to rezone property located on Water St from R -5 (Mobile Home Park) to R -2 (Multiple family residence). A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 18, 1989, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 6, 1989. 2. It was the consensus of the of the Planning Commission that the request was appropriate for the area. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be granted based on the findings set forth above. Respectfully submitted, William Craig, Chairman Hutchinson Planning Commission • a r &" .0 AREAS TO BE 1. { REZONED FROM R -5 - -� cl TO R -2 - p e r _ FOURTH ?VENUE NW . ( t I i AVENUE 9� DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. WDOWELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S, HOGE LAURA K. FRETL -ND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. MCGEE June 21, 1989 ARNOLD & MODOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 Mr. James Marka Building Inspector 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 TELECOPIER (8121 587 4090 RESIDENT ATTORNEY O. HARRY ANDERSON Re: Ulland vs. City of Hutchinson Our File No. 3244 -87 -0011 Dear Jim: OF COU" SEL WILLIAH W. CAMERON PAUL D. DOVE 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55419 (012)545 -0000 HS TOLL FREE 8OG- 04:3-4545 TELECOPIER (812) 545 -1703 "I SOUTH FOURTH STREET PRINCETON. aINSESOTA 57,371 101 �r�:139-�_14 TELECOPIER 101'2)00055 Utl I believe the City should proceed ahead aggressively with the rezoning of the Midwest Trailer Park site to R -2 designation to match the surrounding property. I believe we did have this matter previously on the planning commission agenda and than continued it. Since the legal proceedings in this case appear to be grinding to a conclusion, it would now be appropriate to pursue the rezoning of the property. Thank you. Best personal regards. Very truly yours, ARNOLD & McDOWELL 'G. Barry Anderson GBA:lm 4 PARKS 0 RECREATION 0 FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 (612) 587 -2975 SENIOR CENTER CIVIC ARENA 587 -6564 587.4279 TO: Mayor & City Council FROM: Parks & Recreation Board DATE: July 20, 1989 RE: Lion's Club Halloween Party At the regular monthly meeting in June, the Hutchinson Park Board voted unanimously that the terms of the attached letter concerning co- sponsorship are totally unacceptable to them. The board is looking for council opinion on how to pro- ceed. Their only recommendation would be that if depart- ment staff is as involved as in previous years, more d recognition should be made to the department, in the form of a co- sponsorship. klm TO: Park Board Members FROM: Hutchinson Lions Club DATE: 6-7 -89 SUBJECT: Halloween Party The Hutchinson Lion's Board members met on June 6 and discussed your letter dated April 18, 1989. We welcome and agree on your proposal that the Park Board provide park /city employees to help in the set -up process for the evening (10 pm) prior to the Halloween party and to participate in the cleanup process after the Halloween party. If this is not agreeable to the Park Board, than the Hutchinson Lion's club would like the 5 -9 pm set -up time on Oct. 30 that was agreed upon per your December 6, 1988 letter. Your request to be a co-sponsor was also discussed at our board meeting. We have been approached by many groups since the first Halloween party that have asked to be co- sponsors for this event and our response has always been no. The Lion's members have always felt that this is our one event for the year that we can give something back to the community in the form of an organized event for the kids. We appreciate your support and will continue to acknowledge you for this support in the Thank You advertisement that is published in the local paper after the Halloween Party. Your acknowledgement concerning the assistance of park /city employees for the Halloween party would be appreciated. Sincerely,, J hb n W. Seifer 0,. 0 (612) E I--1 U H - U - T - C - H - I - N - S - O•N M•i•N•N•E•S•O•T•A /LL /,lL � -° 37 Washington Ave. W. • Hutchinson, MN 55350 FOR YOUR INFORMATION MEMORANDUM by . 7 July 13, 1989 �L TO: Mayor, and City Council FROM: MAINSTREET - HUTCHINSON SUBJECT: Pedestrian Crosswalks 01 One of the issues brought before the Mainstreet - Hutchinson board on July 12, 1989, was the concern of crossing Main Street using our current crosswalk system. Citizens are having a problem getting across our Main Street due to traffic not stopping for pedestrians. Possible solutions were sited. Solutions such as, educating drivers on crosswalk laws in our newspaper, painting the actual walkway a bright and very visible color, possible flashing yellow lights, better signage, police officers including Main Street in a regular route for five minutes every hour to give tickets to speeders and violators of the pedestrian crosswalk areas. Softy is of our citizens utmost importance. We would appreciate your direct actions on the above mentioned solutions. Sinc I rely, D Skip Qu4e MAINSTREET President r (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M FOR YOUR INFORMATION DATE: July 13, 1989 TO: _Uarlow v.— Priebe end Larry Kar FROM: — Gary D _Plctz� City Administrator — --- — — — — — — — — — — — SUBJECT: —Downtown Pedestrian Crosswalks — ---------------- — — — — — — — — — — — — Attached is a copy of a memorandum to the City Council asking for action on crosswalks. I have discussed this with the Police Chief, and enforcement will be initi- ated shortly for violators. A special article by the Leader will be requested is by Steve. The items I would like you to check on before the Council meeting are: 1. Are flashing yellow lights possible? 2. Can we paint the actual walkway with a bright and visible color? Can it be painted with large diagonal stripes? 3. Can "No Right Turn On Red" signs be installed? 4. Can the timing between the Washington Avenue and Second Avenue lights be changed and /or coordinated to have a 15- second block of time of no anticipated traffic, other than from side street and parking spaces? 5. Any other additional or alternative solutions you may have? /ms cc: Skip Quade, MainStreet President Steve Madson, Police Chief Gretchen Niemiste Gary Moen 0 *4 July 19, 1989 r (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 T0: Ga B qty Administrator) FROM: Marlow Marlow V. Priebe, City Engineer RE: Downtown Pedestrian Crosswalks 4 A O� 9 d 2 In reference to your memo of July 13, 1989, I submit the following: 1. This may be possible. State would not install or pay for them. City must submit a request to the Willmar DOT office for permission to make installation. 2. No, white is the only color allowed by State Law. Yes, do not recommend dueto labor and material cost. Assume this would be done on all cross - walks. 3. Need to submit request to Willmar DOT office for consideration of changing the signing. 4. This may be possible office. 5. None. MVP /bjI City must submit request to DOT Willmar cc: Skip Quade, Main Street President Steve Madson, Police Chief • Gretchen Niemiste, Downtown Coordinator Gary Moen, Greenbriar Floral Larry Karg, Street Supervisor • DAVID D. ARNOLD CHARLES R. CARMICHAEL GARY D. MGDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOOK "URA E. PRETLAND DAVID A. BRUEGOEHANN JOSEPH M. PAIENENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. McOEE Ai?NOLD & MGDOWELL ATTORNEYS AT L.Aw 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55418-1492 (512) 545 -8000 MN TOLL FREE 800 4 GABLE MG=X 1993 JUN }989 UUw N:V i June 27, 1989 J.0, f,I �"' ) r �j , Mr. Steve Madson Chief of Police 10 Franklin Street Hutchinson, MN 55350 RE: Location of Newsracks and Constitutional Issues Our File No.: 3188 -87 -0001 Dear Steve: f0R YOUR INFORMATION_ OF CO"SEL wl"IL x M. CAMERON PAUL D. DOVE 301 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55391 (612)38e -2214 TELECOPIER(612) 389.5508 101 PARE PLACE HUTCHINSON. MINNESOTA 55350 (512) 587-TS75 TELECOPIER(612) 587.4095 Sometime ago Ron Rirchoff and I discussed a problem involving the use of public sidewalks for various individuals seeking to disseminate news, information and other speech - related activity. While that particular instance was resolved, a question came up regarding whether or not publishers and others have a constitutional right to place news racks on public property. I would refer the City to the decision of City of Lakewood v. Plains Dealer which appears at 56 United States Law Week, 4611 (1988). The Supreme Court in that decision (by a 4 to 3 vote) struck down an Ohio ordinance which required a newspaper to apply for a permit for placement of a newsrack on public property. However, the analysis of the First Amendment issues is a little more complicated than simply noting that the Supreme Court in the Lakewood situation did not uphold that particular ordinance. Clearly, a total prohibition of newsracks on any public property within the city would be unconstitutional and has been so found by a number of jurisdictions. Southern New Jersey Newspalmrs v. State of New Jersey, 542 F. Supp. 173 (D.N.J. 1982). However, even the Lakewood Court appears to indicate that some restrictions are legitimate as long as they are content neutral and narrowly tailored and serve a significant government interest. If restrictions weren't valid at least to some extent, a situation would occur where the First Amendment would convey a quasi Fifth Amendment Eminent Domain power; in other words, newspapers would Mr. Steve Madson June 27, 1989 • Page 2 have the absolute right to take public property and erect a permanent structure on it, but without compensation. The Supreme Court has indicated in other situation that aesthetics and safety are very strong factors. In summary, I believe the City could restrict the location of newsracks and require newsrack owners to secure a permit, but unless there is a definite need for such an ordinance, I would not recommend drafting one. If at some point we do decide to proceed ahead in this area, the ordinance should in general include the following: 1. Standards and procedures should be non - discretionary to the extent possible. 2. Design standards should be clear and review by other boards (for example, an architectural board) should be perfunctory and only involve a non - negotiable "yes" or "no". 3. If a permit is required, it should be longer than one year and less than a permanent permit. Another possible approach would be an ordinance which would set forth standards for a newspaper distributor to follow in locating newsracks on public right -of -way. I recognize this is not a major issue, but my notes on this subject happened to turn up on my desk and I thought both you and the council would appreciate the observations given above. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA /lls cc: Gary D. Plotz 0 9 • 0 FOR YOUR INF0RMAT_I0N LAURA WEITH cl� 705 MAIN ST. S cl HUTCHINSON, MN. 55350 Ile .X- �'�"�.t� • ` lll�y�vJ'YJ- c- f//L- t.:2.nt4 .LL Q ar m v -O DRY DOCK BOARD OF DIRECTORS MEETING • July 12, 1989 4 AGENDA ��%J 1. Update on City Council action (Lease Agreement) of 7 -11 -89 r— {J Elect board officers- Chairperson, Asst. Chairperson 2. Youth Volunteer Program report- Meg Mielke 3. Analyze and determine what must be accomplished prior to Dry Dock opening. A. Employ manager- Earliest date- Monday, July 24 B. Access facility Tuesday, August 1st. C. Advertising, signs,refurbish as needed. Note: Owner to repair roof leaks, start air conditioning units, etc. D. Install video games (how many) & determine location E. Stock facility- determine suppliers F. Formalize fee structure- six month membership /daily entrance fee -- leave -pay to re- enter. G. Modify rules & regulations as necessary, re -think • operating hours & days- current Thursday- Sunday, 4 to midnight age grouping- 12 -15 and 16 -20 H. Determine opening date & later Grand Opening. I. Other 4. Establish next meeting date. 5. Adjournment rrAr (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 17, 1989 League of Minnesota Cities c/o Peter Tritz, Research 183 University Avenue East St. Paul, MN 55101 SUBJECT: Local /State Regulations on Fencing in (I) Above Ground Swimming Pools (2) Below Ground Swimming Pools Dear Peter, Fql The City of Hutchinson has been contacted by the mother of a small child that nearly drowned in an above ground swimming pool. The child apparently wandered over to the pool, got up on the deck, and fell in. The child was found in the pool, and I understand not breathing. I understand the child was revived and spent some time in a twin cities hospital. • The mother intends to appear before the city council and request local regulations for fencing pools (both above and below ground). From our assistant building official, I understand that in the twin cities, both above ground and below ground pools must be fenced in. Could you please assist us in answering the following questions: a. Are there any federal or state codes requiring fencing (1) above ground (2) below ground pools? b. Does Minneapolis, St. Paul, or any of the suburbs, also outstate communities, have additional regulations (beyond federal or state regulations)? C. Would your Computer Management Information System (M.S.) be able to find our community any sample ordinances? Thank you in advance. CITY OF HUTCHINSON< Gary Plotz • City Administrator cc: (, ayor and Council ksuilding Department 0 0 0 DAVID S. ARNOLD CHARLES R. CiARMICHAEL OART D. 310DOWELL STEVEN A. ANDERSON O. RARHY ANDERSON STEVEN S. HOOF LAURA X. PRETLAND DAVID A. RROSOOEMANN JOSEPH M. PAIEMENT JAMES DTLEY JUL" A. CHRISTIANS RICHARD O. McOEE June 14, 1989 ApwOLD & MCDOWELL ATTOBxEYs AT LAw 5881 CEDAR LEE ROAD MINNEAPOLis. MnoNEsoTA 5541e -14ee (eta) 545 -9000 MN TOLL FHEE Boo- 340 -4545 GABLE MGLAW Mix1/EAPotis TELECOPIER (5I2)S -1700 REPLY TO: Mr.. James D. Groehler, P.E. Regional Airport Engineer Office of Aeronautics Minnesota Department of Transportation Transportation Building - Room 417 St. Paul, MN 55255 OF OOONSEL YIILLIAN M. CAMERON PAUL D. DOVE 501 SOUTH PODRTB STREET PRINCETON, MINNESOTA 55071 (Ot2)Dw -2114 TELECOPIER (019)Oa0 -5500 RMFAV A sBYE..,. -- -- RE: Hutchinson Municipal Airport S.P.4304 - 09; Agreement Number: 65323 Our File No.: 3244 -88 -0022 Dear Jim: This letter is a follow -up to your recent correspondence requesting additional information. The City does desire to settle the dispute with Mr. Plaisance, if it can do so on terms that are satisfactory to all concerned. You may - recall that with respect to the proposed fee acquisition, I suggested a change in the analysis based on the City's acquisition of property for the waste water treatment plant. The City in acquiring that parcel in approximately 1983 and 1984, paid $5,000 per acre. The real estate was vacant at the time and much of it was within the flood plain zone. While Mr. Plaisance's property is a little further away, it would appear to have much more marketing potential and under those circumstances, the $5,000 per acre would appear to be reasonable and supportable. The fee acquisition at 10.7 acres at $5,000 per acre yields a value of $52,500. The balance between $68,000 and $52,500 was treated as the easement acquisition price and compensation for any other damages. 101 PARK PLACE SON B BVYCHit{S0V. M MINNESOTA 50000 12)507.7S7S �LJ T TEL FIRE (012) 007 -4000 % 7 7 y Ile 3UN198a RE: Hutchinson Municipal Airport S.P.4304 - 09; Agreement Number: 65323 Our File No.: 3244 -88 -0022 Dear Jim: This letter is a follow -up to your recent correspondence requesting additional information. The City does desire to settle the dispute with Mr. Plaisance, if it can do so on terms that are satisfactory to all concerned. You may - recall that with respect to the proposed fee acquisition, I suggested a change in the analysis based on the City's acquisition of property for the waste water treatment plant. The City in acquiring that parcel in approximately 1983 and 1984, paid $5,000 per acre. The real estate was vacant at the time and much of it was within the flood plain zone. While Mr. Plaisance's property is a little further away, it would appear to have much more marketing potential and under those circumstances, the $5,000 per acre would appear to be reasonable and supportable. The fee acquisition at 10.7 acres at $5,000 per acre yields a value of $52,500. The balance between $68,000 and $52,500 was treated as the easement acquisition price and compensation for any other damages. Mr. James D. Groehler, P.E. June 14, 1989 Page 2 To the foregoing, the attorney for Mr. Plaisance has added the $5,000 demand for the two triangular parcels mentioned by him in his letter to this office of May 15, 1989, a copy of which I previously provided to you. Under the circumstances, the City would be willing to go along with the proposal, although we would like to discuss this issue with you at your convenience. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA /lls cc: Gary D. Plotz • Paul Ackland • Hutchinson - IlutchitixmTrshtuilctgcInc. TECHNOLOGY 40 Uist IliRhland Park Pr (, Ilmchmum ll\ ii350 -9 "84 �1: .,L % GIL iN' 3-9' jt0� '`i. Y Cc c n .� 1892 &V C �' _i. July 13, 1989 Gary D. Plotz City Administrator City of Hutchinson 37 Washington Avenue West F Ott Hutchinson, MN 55350 Dear Mr. Plotz: In todays mail, I received preliminary notices for 1989 improvements, assessment roll number 252, for Hutchinson Technology properties. The total assessment to HTI amounts to $71,794.90. I assume that this amount is mathematically correct. It should be noted, however, that the portion of County Ditch 18 that is under our ponds has been rebuilt, at HTI's expense, with reinforced concrete pipe. It should also be noted • that the HTI ponds are a part of the ditch system (water retention), again, provided at HTI expense. Since these improvements are now part of the ditch system, I respectfully ask for a reduction in HTI's assessment before the final assessment roll is adopted. Best regards, HUTCHINSON TECHNOLOGY INCORPORATED 4 William T. Craig Facilities Development Director WTC:cab A FOR y011R iNFORMAZlON _ - / -. �iG✓CK __J�a't _— C1>77r�N /I /�G/J__.___- _.._ - - - -_ __ _.___ __._ _.�(fR 46 L_..Sf'tl2f. -.. (�pn7 �J A,Q,aS6l,._ ____.._____ - -- _ uCE _. �/(yuaZ._, _LCJ /NE_ d3cE2___ /) %6C__ Tf ac n%1c _ UME. _. �r - �uoL .o W�ut u —�zrt u - _ /%/se._ y -- .__. .. _ _T fnL "TotAL_. b 9 - -- wa f 5i �a« / 98 -- bei .1 t''J�47 �IGEt_. I Zol i {- _ _ r '.. 1 -1 _ 411 __z 47 Y7 2 .1193 -z . ' - 8 - -- -- e / Z-zq z n 4 _ - - r -- 724 ;, - Isa Z le - „ X 13 $S.3 ylk - - - -- /-' �' -ei Y::.. �� - - -- - .._ _ -- _ _1 _.._I .9t _ 7 4A L ^ _ 11G ;G-r'i L -�_. > "�� �.. �.F I• _. 16 z B.1 — - -. 2.6 - - - q3l - -.7�s6 1 ___:7 0_ 4 21 .. __.. n _ - zo IS Z - 96 _ _ o ..1- -359. - - - N— 7.86 _ $a �zi a _ 46 117 r jqj _ -- _. 20 45 _ _ 5 i e. - .• - - f 141V 7n, ---+- L.'31 la /eTQ.. 9026 t_ � _j5� � ;. -. !ILIY4b- n ac o7 u t _ Z sz b _9 u9 ZS_-- - 7.: s._ 2Q J� ac aA 2. - T- -- I u.. e- r�fll. IWe.; NI. f;11QN: Mi. MNITF p FIRST STATE— F—�-=DQRAL SAVINGS & LOAN ASSOCIATION Rickard N. f3urgart. Vice pies dent- Treagurer 201 Man Street Soutti July 10, 1989 P. 0. lox 309 1-yutci inron, M N 55350 -03C prone: (612) 587 -2000 To: Public Funds Account holder FoR you From: Letty Bernhagen r% o Assistant Secretary N Enclosed find your monthly update regarding the securities used as collateral for funds you have invested with us in excess of $100,000. If you have any questions concerning these items, please call us. • v W A I CITY Of HUTCHINSON POOL 1 BESCR PAR NARRET` NIA U.S. TREASURY STRIPS $11,111,188.11 $2,816,518.11 NIA - - --U:S TREASURY- STRIPS — $121 III, Ill :/1- i2ir 188026ill -- - -- - MIA U.S. TREASURY STRIPS $7,111,181.11 $1,2769878.18 NIA U.S. TREASURY STRIPS $1,8810111.88 $182,411.11 NIA - - -U:1.- TREASURY - CATS — $3i118i Off :11 — (547;238:11 - - -- -- NIA U.S. TREASURY STRIPS $5,181,111.88 $412,158.81 NIA U.S. TREASURY STRIPS $1,118,111.11 $211,111.11 ' r FNS MG (48,188,181.88 $7,323,448.81 a �Ov '* 17� dill 19,09