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cp05-26-1987 cHUTCHINSON CITY CALENDAR WEEK OF May 24 T 0 May 30 1997, WEDNESDAY -27- 10100 1..M. j r.c:-o-_s Meeting at '74t" Hai SUNDAY THURSDAY -28- MONDAY -25- MEMORIAL DAY CITY OFFICES CL.OSLD FRIDAY -29- TUEfAY -26- 00 A. M. - a,erfX C unc_ 1 Meeting at. C.D.S. Offices 2:00 P.M. - Open Bids for 1987 Bonds at City Hall 7:30 P.M. - City Council Meeting at City Hall SATURDAY -30-. AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 26, 1987 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Lavern Johnson, Bethlehem United Methodist Church 3. Consideration of Minutes - Regular Meeting of May 12, 1987; Bid Opening of May 20, 1987; Board of Review of May 20, 1987 and Special City Council Meeting of May 20, 1987 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - April 1987 2. Library Board Minutes dated May 5, 1987 3. Planning Commission Minutes dated April 21, 1987 4. Hospital Board Minutes dated April 10 and April 21, 1987 (b) Gambling License for Hutchinson Jaycees at Gold Coin (c) Request for Reduced Trash And Refuse Rate Action - Motion to order minutes and report filed, issue license and approve rate reduction 5. Public Hearin - 8:00 P.M. (a) Project No. 87-34 - Shady Ridge Road Action - Motion to close hearing - Motion to reject - Motion to approve project and plans and specifications - Motion to advertise for bids on June 8 at 2:00 P.M. - Motion to waive readings and adopt Resolutions No. 8538 & No. 8539 (b) Assessment Roll No. 232 - Project No. 87-31, Letting No. 7 (CONTINUED HEARING FROM MAY 12, 1987) Action - Motion to close hearing - Motion to reject - Motion to approve and adopt roll and award contract for improvement - Motion to waive readings and adopt Resolutions No. 8521 & No. 8526 (c) Assessment Roll No. 227 - Project No. 87-07 & No. 87-09, Letting No. 2 Action - Motion to close hearing - Motion to reject - Motion to approve and adopt roll and award contract for improvement - Motion to set assessment hearing on Project No. 87-35 for supplemental agreement for June 23 at 8:00 P.M. - Motion to waive readings and adopt Resolutions No. 8540-8544 1 CITY COUNCIL AGENDA - MAY 26, 1987 6. Communications, Requests and Petitions (a) Consideration of Request for Transient Merchant License By David A. Kriedler Action - Motion to reject - Motion to approve license (b) Consideration of Request for Dance Permit At Spankys for June 21, 1987 Action - Motion to reject - Motion to approve and issue permit (c) Consideration of Petition for Sanitary Sewer to Serve Oakwood Lane Action - Motion to reject - Motion to approve petition and order preparation of engineering report on Project No. 87-36 - Motion to waive reading and adopt Resolution No. 8537 7. Resolutions and Ordinances (a) Resolution No. 8532 - Resolution For Release Of Pledged Securities To Citizens Bank & Trust Co. Action - Motion to reject - Motion to waive reading and adopt (b) Ordinance No. 3/87 - Ordinance Adopting 1987 Minnesota State Building Code Action - Motion to reject - Motion to waive second reading and adopt 8. Unfinished Business (a) Discussion By City Attorney of City's Contribution to Jaycee Water Carnival Action - (b) Consideration of Awarding Bid for Demolition And Removal of Structure (DEFERRED MAY 20, 1987) Action - Motion to reject - Motion to approve and award bid (c) Consideration of Commercial And Residential Garbage Rates (DEFERRED MAY 20, 1987) Action - 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 2 CITY COUNCIL AGENDA - MAY 26, 1987 (b) Consideration of Changing Date for First Council Meeting of Month to Monday, June 8, 1987 at 7:30 P.M. Action - Motion to reject - Motion to approve change of date (c) Consideration of Awarding Bids On $1,200,000 G.O. Improvement Bonds of 1987 And $5,975,000 G.O. Wastewater Treatment Bonds of 1987 Action - Motion to reject - Motion to approve and award bids - Motion to waive reading and adopt Resolution(s) (d) Withdrawn from Agenda (e) Consideration of Writing Specifications And Advertising for Bids for Replacement of Pickup Truck In Water Department Action - Motion to reject - Motion to approve specifications and advertising for bids (f) Consideration of Repainting Police Squad Car, Unit No. 4 Action - Motion to reject - Motion to approve and award repaint job (g) Consideration of Repainting 1981 Chevrolet Pickup, Police Unit No. 6 Action- Motion to reject - Motion to approve and award repaint job (h) Consideration of Additional Watermain Improvements On Relief Sanitary Sewer Project Action - Motion to reject - Motion to approve obtaining unit prices for additional work (i) Consideration of Granting Easements to MN/DOT for Proposed T.H. 15 Construction Action - Motion to reject - Motion to approve and grant temporary easements - Motion to waive reading and adopt Resolution No. 8545 (j) Consideration of Prohibiting Parking On South Side of South Grade Road From T.H. 15 to Merrill Street Action - Motion to reject - Motion to approve no parking - Motion to waive first reading of Ordinance No. 4/87 and set second reading for June 8 (k) Consideration of Conditional Use Permit Submitted By Crow River Country Club with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 8533 3 CITY COUNCIL AGENDA - MAY 26, 1987 (1) Consideration of Conditional Use Permit Submitted By Gilbert Hammer with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 8534 (m) Consideration of Preliminary Plat of Fifth Addition To Lakewood Terrace Submitted By Loretta McDonald with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve final plat - Motion to waive reading and adopt Resolution no. 8535 (n) Consideration of Request By Super America for Time Extension of Conditional Use Permit And Variance Granted November 1986 with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve time extension (o) Withdrawn from Agenda (p) Consideration of Sketch Plan Submitted By Alfred Koglin Within Two Mile Radius Action - Refer to County with no objection (q) Consideration of Sketch Plan Submitted By Siemsen/Layaway within Two Mile Radius Action - Refer to County with no objection (r) Consideration of Final Plat for Sunset Ridge Addition Submitted By Kevin Compton with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve final plat - Motion to waive reading and adopt Resolution No. 8536 (s) Consideration of Subdivision Agreement for Sunset Ridge Addition Action - Motion to reject - Motion to approve 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 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL • TUESDAY, MAY 12, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carl s, Alderman Marlin Torgerson, Alderman Pat Mikulecky and Mayor Paul L. Ackland. Absent: Alderman John Mlinar. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend John H. Longley. 3. MINUTES The minutes of the bid opening and special meeting of April 22, 1987, regu- lar meeting of April 28, 1987 and joint meeting of May 6, 1987wereapproved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1987 • (b) PARADE PERMIT FOR MEMORIAL DAY PARADE ON MAY 25, 1987 The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to order the report filed and issue the parade permit. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL HEARINGS Mayor Ackland called the public hearing to order at 8:00 P.M. 1. ROLL NO. 224 - PROJECT NO. 85-01-33 & 85-01-35, LETTING NO. 8 There was no one present to be heard regarding Roll No. 224. 2. ROLL NO. 225 - PROJECT NO. 86-13, LETTING NO. 13 There was no one present to be heard regarding Roel No -.,225. 3. ROLL NO. 226 - PROJECT NO. 87-01, LETTING NO. 1 Mayor Ackland read letters received from the following indivIdudls who were opposed to the proposed project: • Laverna Miller - 505 Larson Street Mark Erickson - 1020 Roberts Road 1 .. CITY COUNCIL MINUTES - MAY 12, 1987 • Martin Briggs - 510 Larson Street David Wiewick - 515 Larson Street Wayne Scott - 525 Larson Street Joseph & Patricia Wesley - 560 Larson. Street Roger & Sue Reinhart - 545 Larson Street Dave & Norma Buechele - 535 Larson Street Mr. Deforest Wagner, Minneapolis, inquired if the berm would be a wall. He then informed the Council there was a possibility of de- velopment on his vacant land, and he would know more details in the next three weeks. Therefore, the proposed plans might not be nec- essary or appropriate. Engineer Anderson stated there were three alternative plans design- ed for the area, and bids had been taken for the project. Develop- ment of the land would change the present needs in the area. Joe Wesley, 560 Larson, raised some questions regarding the pro- posal for development of the agricultural land. He also commented about the assessments for the project and inquired of the City En- gineer regarding the planned water fall level. Mr. Wesley stated the system in place does not cover the five-year run-off plan, and the property owners were not getting the benefit. Roger Reinhart, 545 Larson, agreed that no action should be taken until further information was available from Mr. Wagner regarding development. He asked if a person could be for the project but opposed to the method of assessment in reference to the amount of the cost. Mr. Reinhart stated many of the property owners were for the project but against the assessment. Wayne Scott, 525 Larson, inquired about the City's share in the cost of the project. He thought the houses were not built when the storm sewer was put in, and the majority of houses were built after 1970. Mr. Scott asked the Council's feeling of the City paying the entire assessment. Dale Hermann, 550 Larson, felt the people on Kaye and Larson Streets had already "paid their dues", and they still do not have an adequate system. Since the storm sewer is not performing, the residents should not pay extra money to have it performing. Martin Briggs, 510 Larson, said he had been told by several City Councils and City Engineer that the problem would be solved. He has waited 24 years to have the property developed and was wi11ingt to wait longer for the development. He suggested deferring action until Mr. Wagner determines what is going to happen to the vacant land. • 2 El CITY COUNCIL MINUTES - MAY 12, 1987 4. ROLL NO. 228 - PROJECT NO. 87-08, LETTING NO. 3 There was no one present to be heard regarding Roll No. 228. 5. ROLL NO. 229 - PROJECT NO. 87-10, NO. 87-11 & NO. 87-21, LETTING NO. 4 Mr. Steven Straumann, 595 Roberts Road, inquired how a corner lot would be assessed. He also asked if the street would be black - topped and if work would be done on Sibley as well. Mr. Strau- mann also commented about the fast traffic on Roberts Road and expressed concern for the children in the area. The City Engineer responded that Sibley and Echo Drive would be paved this year; however, anything east of Roberts Road would not be paved in 1987. 6. ROLL NO. 230 - PROJECT NO. 87-17, LETTING NO. 5 It was reported project No. 87-17 would service the new elementary school. Mr. Deforest Wagner would have deferred assessments for part of the project crossing his undeveloped property which is out- side city limits. Mayor Ackland read a letter from the Superintendent of Schools which stated the school district had no objection to the assessment roll for project No. 87-17. Plan A was approved by the City Council. 7. ROLL NO. 232 - PROJECT NO. 87-31, LETTING NO. 7 Mr. Howard Brandon, owner of Brandon Tire, inquired what the bene- fits would be to his business and why he was being assessed. Also, he wanted to know what other businesses were being assessed. He stated his business gets drain -off from the Zabel property as well as other areas. It was his suggestion to contact the State about cleaning out the culvert in the ditch. Mr. Brandon then asked if there were any future plans that would affect the present plan. Engineer Anderson stated the project would drain water from the north and Brandon Tire. There is an existing culvert underneath the highway, and the proposed watermain would intercept it. Mr. Art Zabel, 545 Highway 7 West, asked why the water in the ditch was not removed by the catch basin on Highway 7 and 22. He stated the Highway Department put a drain in near the road next to Hutch • Computer Inc. He wondered if the culvert was closed off when the building was erected on the site. ki CITY COUNCIL MINUTES - MAY 12, 1987 • Alderman Carls moved to close the hearings at 9:45 P.M. Motion sec- onded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to defer Roll No. 226 (Project No. 87-01, Letting No. 1) until the . June 9, 1987 meeting and defer Roll No. 232 (Project No. 87-31, Letting No. 7) to the May 26 meeting. Motion unanimously carried. Alderman Torgerson moved to approve and adopt Assessment Rolls No. 224, No. 225, No. 228, No. 229, and No. 230 and award contracts for said improvements, and to waive readings and adopt Resolutions No. 8512- 8516, No. 8518-8520, and No. 8523-8525. Motion seconded by Alderman Carls. The motion was amended by Alderman Carls to delete Roll No. 225 (Project No. 86-13) for separate action. Amended motion seconded by Alderman Torgerson and carried unanimously. Main motion unanimously carried. The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve and adopt Assessment Roll No. 225 and award contract for improvements, to waive reading and adopt Resolution No. 8516. Motion carried three to zero, with Alderman Mikulecky abstaining as a prop- erty owner. 6. COMMUNICATIONS, REQUESTS AND PETITIONS • None. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8510 - RESOLUTION FOR PURCHASE The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8510. Motion carried unani- mously. (b) ORDINANCE NO. 2/87 - ORDINANCE AMENDING SECTION 710:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO. 25 AND NO. 26 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" Alderman Carls moved to waive second reading and adopt Ordinance No. 756. Motion seconded by Alderman Torgerson and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FROM BURNS MANOR NURSING HOME FOR ADJUSTMENT IN AIR CONDITIONERS PURCHASE COST It was reported the purchase cost for the air conditioners, previously • approved by the City Council, had increased in cost $300 per unit since the quotes were received. Approval was requested for the adjustment. 4 • CITY COUNCIL MINUTES - MAY 12, 1987 The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve the adjustment. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF BRIAN JAMES BROWN TO HUTCHINSON POLICE DEPARTMENT RESERVE FORCE Alderman Torgerson moved to approve the appointment of Brian James Brown to the Police Department Reserve Force. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR PLANS AND SPECIFICATIONS ON PROJECT NO. 87-35, WOODRIDGE ADDITION Attorney Anderson commented that an assessment hearing was required for projects; however, the Council could proceed with the assumption that there would be no objection to the 100 percent petition. Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, to approve the engineer's report, order plans and specifications, and to waive reading and adopt Resolution No. 8512. Motion carried three to zero, with Alderman Mikulecky abstain- ' • ing from voting. (c) CONSIDERATION OF AUTHORIZATION FOR LIQUOR STORE TO PURCHASE THREE DOOR WINE COOLER Alderman Carls moved to approve the purchase. Motion seconded by Ald- erman Torgerson and unanimously carried. (d) CONSIDERATION OF ADOPTION OF 1987 MINNESOTA STATE BUILDING CODE The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve and adopt the 1987 Minnesota State Building Code and to waive first reading of Ordinance No. 3/87 and set second reading for May 26, 1987. Motion carried unanimously. (e) CONSIDERATION OF HASSAN VALLEY TOWNSHIP EASEMENT FOR FORCEMAIN INCLUDING ITEMIZED REIMBURSEMENT REQUEST Mr. Wayne Oliva, Clerk of Hassan Valley Township, presented the Council with an itemized listing of their reimbursement request for attorney fees and attendance at meetings regarding the easement for the waste- water treatment plant forcemain. Administrator Plotz stated the City had two options: 1) proceed with the existing 40 -foot 3M easement and use the county road for vehicles • to drive onto the project site; and 2) urge the township to grant the additional easement on their roadway, which would require the City as- sisting with the costs incurred by the. township. 5 CITY COUNCIL MINUTES - MAY 12, 1987 • Mr. George MacDonald, Resident Engineer for Donohue & Associates, as- sured the Council the 3M easement would be adequate for the project. Attorney Anderson gave the legal opinion that the City had no obliga- tion to pay another governmental body for attending meetings. It would be a matter of choice whether the Council wished to assist with the township legal fees. Following discussion, Alderman Torgerson moved to go with the easement the City already had on 3M property. Motion seconded by Alderman Carls and unanimously carried. (f) CONSIDERATION OF 100% PETITION FOR PROJECT NO. 87-33, SUNSET RIDGE ADDITION The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the engineer's report and improvement project No. 87-33 by petition, to waive readings and adopt Resolutions No. 8513 and No. 8514. Motion carried unanimously. (g) CONSIDERATION OF RETIREMENT OF RALPH NEUMANN, DIRECTOR OF MAINTENANCE SERVICES Alderman Carls moved to accept the retirement of Ralph Neumann with • regrets and to waive reading and adopt Resolution No. 8531, Resolution of Appreciation, and have some other type of recognition for services. Motion seconded by Alderman Torgerson and unanimously carried. (h) CONSIDERATION OF COUNTY MUTUAL AID PACT AGREEMENT WITH HUTCHINSON POLICE DEPARTMENT The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and enter into the agreement, to waive reading and adopt Resolution No. 8511. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reminded the Council of the police station ground- breaking scheduled for May 13 at 4:00 P.M. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Anderson requested approval for Change Order No. 1 on project No. 87-08, Letting No. 3, in the amount of $1,316.20 for a design change in sanitary sewer construction. Alderman Torgerson moved to approve Change Order No. 1. Motion sec- onded by Alderman Carls and carried unanimously. 0 • CITY COUNCIL MINUTES - MAY 12, 1987 It was also requested that the bids be accepted and awarded for projects No. 87-13 (Letting No. 8), No. 87-32 (Letting No. 13), and No. 87-15 (Letting No. 10). Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, to issue the contract to Wm. Mueller & Sons in the amount of $109,778.60 for project No. 87-13 and to waive read- ing and adopt Resolution No. 8528. Motion unanimously carried. Alderman Carls moved to issue the contract to Wm. Mueller & Sons in the amount of $11,935.00 for project No. 87-32 and to waive reading and adopt Resolution No. 8530. Motion seconded by Alderman Mikulecky and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to award the contract for project No. 87-15 to Juul Contracting Company in the amount of $133,690.50 for the gravity system and to waive reading and adopt Resolution No. 8529. Motion unanimously car- ried. 7 (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the stop and go lights on Hwy. 7 West . and School Road and the recently installed sod which needed watering. He was assured the contractor had a 30 -day obligation to maintain and/or replace the sod. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported he, the City Administrator and Mayor had reviewed the airport appraisals, and the State was sent a copy of the appraisals from Robinson Appraisal Company for review. Nancy Buss' position in the Police Department was addressed. It was the City Attorney's opinion that the Council had taken proper action in the past. It was the Acting Police Chief's recommendation to hire a part-time computer programmer and to classify Nancy Buss' position as police de- partment office secretary, reclassify her 1985 job description, and re- instate her salary to its dissolved level as of March 27, with retro- active pay as of that date. Following discussion, Alderman Torgerson moved to authorize the Police Commission to advertise for a part-time computer operator in the Police Department and classify Nancy Buss as secretary as recommended by staff, with Personnel Coordinator to determine pay grade classifica- tion. Motion seconded by Alderman Carls. ,The motion was amended by Alderman Torgerson to make the salary retro -active to March 27, 1987. • Amended motion seconded by Alderman Carls and unanimously carried. Main motion carried unanimously. 7 CITY COUNCIL MINUTES - MAY 12, 1987 (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated he would like to establish a Board of Review for Junker Sanitation on May 20 at 4:00 P.M. The Council concurred, with Alderman Torgerson moving to set a Board of Review on May 20 at 4:00 P.M. Motion seconded by Alderman Carls and unanimously carried. It was reported that Jerry Ross had requested a letter of support from the City Council to assist him in applying for some railroad funding. The Mayor asked the Council to go on record supporting continual up- grading of the railroad and to continue having a railroad in Hutchin- son. Alderman Torgerson moved to support the railroad by adopting Resolution No. 8527. Motion seconded by Alderman Carls and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman to approve and authorize payment unanimously carried. 12. ADJOURNMENT Torgerson, seconded by Alderman Carls, from the appropriate funds. Motion • There being no further business, the meeting adjourned at 10:27 P.M. • 0 0 MINUTES BID OPENING MAY 20, 1987 Bid Opening for Demolition and Removal of Structure Located on Lot 11, Block 53, South Half City was held at 2 o'clock p.m. on Wednesday, May 20, 1987 in the City Council Chambers. Present were City Administrator Gary Plotz & Fire Marshal George Field. Three bids were opened, as shown on the attached Bid Tabulation. Award of bids was deferred to the next regular council meeting. Meeting was adjourned at 2:10 p.m. • /hs 40 BID TABULATION CITY OF HUTCHINSON PROJECT Demolition & Removal of Structure DATE May 20, 1987 - 2:00 P.M. BIDDER SURETY AMOUNT DELIVERY Juul Contracting Co. P.O. Box 189 Hutchinson X $3450 Don Rettman Darwin, MMNWW X 1675 ii Eamgox 179Lefluktn nson 1500 E CJ • • MnWTSS WARD OF REVIEW MAY 20, 1987 Board of Review for Junker Sanitation Service was held on Thursday, May 209 1987, at 4 o'clock p.m. in the City Council chambers. Present were Mayor Paul Ackland, Aldermen Marlin Torgerson, Pat Mikulecky, Mike Carls and John Mlinar, City Administrator Gary Plotz and City Attorney Barry Anderson, as well as Jim Junker and Wayne Albrecht, representing Junker Sanitation. Mayor Ackland called the meeting to order and asked the audience for any comments concerning refuse service. 1. Bob Wyttenhove, 130 Washington Avenue, asked why the City and Junker both charge for refuse service at his rental property and stated he feels this is an unfair "monopoly." Mayor Ackland explained the terms of the Junker contract. 2. Dan Cadott, Manager, Cashwise Foods, stated he would like the availability of hauling compacted garbage which the store could process rather than using dumpsters which encourage scavengers and which can be unsafe due to necessary poisoning for pest control. Junker Sanitation had indicated to Cashwise representatives that it would be prohibitively expensive to provide service for compacted garbage to only one local user. Mayor Ackland requested that Junker provide Cashwise Foods with a written proposal for such service as soon as possible, with a copy to be • sent to the City. 3. Aloma Davison, Northside Grocery, asked why there are three separate charges for the grocery and attached apartment. Jim Junker responded he will check the volume and provide her with a written proposal of what appropriate charges should be. Mayor Ackland requested that the City also receive a copy of this proposal. Discussion continued between the City Council and Jim Junker concerning services and rates. Jim Junker referred to a lawsuit which he has filed against the City claiming damages for past City practices. Jim Junker presented his proposal for 1987 rates, which would include an increase of $3 per month for residential service and $3 per month per container for commercial service. A motion was made by Alderman Carls to close the Board of Review hearing. Motion was seconded by Alderman Torgerson and carried unanimously. Hearing was closed at 5:10 p.m. • MINUTES SPECIAL CITY COUNCIL MEETING MAY 200 1987 A special meeting of the Hutchinson City Council was held at 5:1D p.m. in the Council Chambers to consider matters relating to the police facility bids. Present were Mayor Paul Ackland, Aldermen Marlin Torgerson, Pat Mikulecky, John Mlinar and Mike Carls, City Administrator Gary Plotz, City Attorney Barry Anderson, and Vergil Florhaug of CAM. Mr. Florhaug reviewed several problems with bids: 1. Masonry bidder underbid by $8885 due to omission of reinforcement. with architect's approval, there may be some adjustment in requirements for about a $3000 lowering of this amount. 2. Trim work bidder underbid by 100$ (about $9,000) due to omission of exterior trim. Both the low and the second bidder made this error. 3. Metal fabrication bidder is out of business; next low bid was over $4,000 higher. 4. Contractor will need to construct the portion of the storm sewer that runs through the police property since the City does not have the equipment to do this construction, and this will add to the cost. City engineer is working on this problem. • After discussion, motion was made by Alderman Torgerson to authorize CAM to negotiate with contractors for rebidding of items (1) through (3) and to bring proposal(s) at minimum cost to the June 8 council meeting for consideration. Motion was seconded by Alderman Mikulecky and carried unanimously. Sergeant John Gregor reported to the council that telephone installation costs in the new facility will be lower than anticipated. Meeting was adjourned at 5:30 p.m. • 19 APRIL REVENUE REPORT - GENERAL FUND r1 LJ TAXES LICENSES PERMITS AND FEES INTER -GOVERNMENT REVENUE CHARGES FOR SERVICES FINES & FORFEITS MISCELLANEOUS REVENUE CONTRIBUTIONS FROM OTHER FUNDS REVENUE FOR OTHER AGENCIES TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADM.lCITY CLERK ELECTIONS FINANCE MOTOR VEHICLE ASSESSING LEGAL PLANNING CITY HALL CREATION BUILDING OLICE DEPARTMENT FIRE DEPARTMENT COMMUNITY SERVICE OFFICER PROTECTIVE INSPECTIONS CIVIL DEFENSE SAFETY COUNCIL FIRE MARSHALL ENGINEERING STREETS & ALLEYS STREET MAINTENANCE AIC LIBRARY SENIOR CITIZEN CENTER PARK/REC. ADMIN. RECREATION CIVIC ARENA PARK DEPARTMENT CEMETERY COMMUNITY DEVELOPMENT DEBT SERVICE AIRPORT TRANSIT COMMUNITY ENERGY COUNCIL UNALLOCATED DOTAL CITY OF HUTCHINSON FINANCIAL REPORT - 1987 APRIL APRIL YEAR TO ADOPTED BALANCE PERCENTAGE MONTH DATE ACTUAL BUDGET REMAINING USED 6015.23 7334.48 1314700.00 1307365.52 0.01 2295.00 11245.00 16950.00 5705.00 0.66 16353.06 23655.15 66900.00 43244.85 0.35 0.00 21986.00 1087494.00 1065508.00 0.02 23011.53 116596.84 508144.00 391547.16 0.23 4003.74 12532.32 29600.00 17067.66 0.42 14027.39 42964.10 131800.00 88835.90 0.33 2500.00 77500.00 429000.00 351500.00 0.18 173.56 187.91 500.00 312.09 0.38 68379.51 314001.80 3585086.00 3271096.20 0.09 1753.13 12185.46 31467.00 19281.54 0.39 9901.91 44724.16 133954.00 89229.84 0.33 0.00 0.00 4850.00 4850.00 0.00 10580.39 57543.60 197268.00 139724.40 0.29 5522.10 25328.66 66037.00 40706.34 0.38 0.00 0.00 19700.00 19700.00 0.00 8961.09 26948.25 32807.00 5858.75 0.82 157.07 10501.81 11375.00 673.19 0.92 3005.44 12107.67 40083.00 27975.33 0.30 1506.41 12495.37 66470.00 53974.63 0.19 111945.63 299260.77 741043.00 441782.23 0.40 2397.74 24597.41 91585.00 66987.59 0.27 2927.11 11340.39 37650.00 26309.61 0.30 5619.69 27480.10 81346.00 53865.90 0.34 0.00 0.00 625.00 825.00 0.00 0.00 0.00 150.00 150.00 0.00 3147.52 13667.19 41023.00 27355.81 0.33 14786.72 61956.46 192643.00 130684.54 0.32 21612.74 9I788.71 359103.00 267314.29 0.26 3952.97 20044.26 70700.00 50655.74 0.2B 727.24 28947.01 64696.00 35748.99 0.45 4225.78 17214.53 53690.00 36475.47 0.32 6616.44 28040.16 87392.00 59351.84 0.32 7735.33 27913.59 128122.00 100208.41 0.22 7561.33 51527.36 114172.00 62644.64 0.45 22420.67 95940.35 362092.00 266151.65 0.26 2592.63 10356.30 43790.00 33433.70 0.24 2552.33 10751.06 333150.00 22398.94 0.32 1500.00 6000.00 50396.00 44396.00 0.12 2459.22 18865.90 50572.00 31706.10 0.37 5194.04 25881.82 121734.00 95B52.18 0.21 1216.37 5152.60 0.00 -5152.60 1694.32 66721.94 255203.00 188481.06 0.26 274475.36 1145284.69 3585088.00 2439803.11 0.32 APRIL CITY OF HUTCHINSON FINANCIAL REPORT - 1987 APRIL 0.34 ENTERPRISE FUNDS 4800.00 3814.69 0.21 REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTABE itVENUE MONTH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 28339.22 116915.06 390000.00 273084.92 0.30 WINE SALES 11814.09 38039.37 135000.00 96960.63 0.28 BEER SALES 54266.18 171851.41 635000.00 463148.59 0.27 BEER DEPOSITS -57.44 -90.08 0.00 90.08 89778.19 MISC. SALES 3200.79 10360.33 0.00 -10360.33 7850.00 INTEREST 362.97 1332.23 5200.00 143934.57 460000.00 CASH DISCOUNTS -435.15 -940.57 0.00 940.57 5710.00 TOTAL EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES SUPPLIES. REPAIR & MAINTENANCE OTHER SERVICES & CHARGES MISCELLANEOUS CAPITAL OUTLAY DEBT SERVICE TRANSFERS COST OF SALES �THER OT AL REVENUE REPORT - WATER SEWERIFUND FEDERAL GRANTS WATER SALES WATER METER SALES REFUSE SERVICES SEWER SERVICES EPA SALES PENALTY CHARGES INTEREST EARNED REFUNDS & REIMBURSEMENTS OTHER TOTAL EXPENSE REPORT - WATER SEWER/FUND 97490.66 337467.77 1165200.00 827732.23 0.29 10655.55 46292.33 141670.00 93377.67 0.34 412.14 985.31 4800.00 3814.69 0.21 1999.58 4718.33 35640.00 31121.67 0.13 0.00 273.00 9100.00 8827.00 0.03 0.00 0.00 42500.00 42500.00 0.00 0.00 0.00 0.00 0.00 ERROR 0.00 0.00 110000.00 110000.00 0.00 76710.92 260158.79 877000.00 616841.21 0.30 0.00 0.00 6604.00 6604.00 0.00 89778.19 314427.76 1227514.00 913086.24 0.26 7242.00 7850.00 0.00 -7850.00 0.00 35374.71 143934.57 460000.00 316065.43 0.31 280.00 1290.00 7000.00 5710.00 0.18 23604.10 106970.67 328000.00 221029.33 0.33 42103.34 178927.99 615000.00 436072.01 0.29 36371.16 152844.24 450000.00 932.68 3738.16 7000.00 3261.84 0.00 11095.89 60000.00 48904.11 0.18 1268.00 2000.00 732.00 0.00 855.11 150.00 -705.11 5.70 145907.99 608774.63 1929150.00 1320375.37 0.32 REFUSE 27521.65 110086.60 325000.00 214913.40 WATER 13956.41 179,627.22 884040.00 704412.78 EWER 112563.16 334528.00 688483.00 357955.00 ASTE TREATMENT PLANT CONSTRUCT. 7429.11 62190.79 0.00 -62190.79 0.34 0.20 0.48 TOTAL 161470.33 682432.61 1697523.00 1215090.39 0.36 May 5, 1907 • The Library board met at 5.00 p.m. in the library meet inq room with the following members present. Ralph Bergstrom, Larry Ladd, Albert Linde, Roxanne Wigen, Mary Henke, Linda Willmsen, and Dolores Brunner. Carol Haukos and Gary Moen of the Downtown Business Association requested input in regard to the use of the Library restroom facilities during special events such as Summer Band Concerts, etc. Attending the meeting also was Bruce Erickson of the City Park and Recreation department. Discussion In regard to use of facilities during library hours and also after library hours. DBA would pay for the hourly wage of monitors provided by the library. Either Myron Clapp or the part time staff would be in the building. There was some discussion in regard to the future of a centrally located restroom facility. Possibilites Included the area under the band stand, police station or planned into the future remodeling of the present police station/city hall. The library board did consent to the conditional use of the facilities during special events, but in addition to satellites. Some of the future events would be the Arts & Crafts Festival, Band Concerts, Sno-Break and • Helicopter/Rescue planned for May 16th. Recommendation was made that there would be no posting or signs regarding the public restrooms of the library. There was some concern in regard to the area above the fireplace. A committee will be formed to check into the best possible form of artwork to place there. The following will be asked to be on that committee: Elaine Clay, Chairman, Terry Ellertson, Linda Willmsen, Julie Ingelman and Larry Ladd. There is a need for display boards for the library and Mary Henke was asked to check into the best possible type needed. Free Standing, Hanging, size etc. There Is also the possibility that the Crow River Arts Guild would purchase an additional display for their use. Mary Henke announced that the Set of Constitution books honoring the Bicenteniai have been ordered and the cost of $250.00 was collected through donations. • Linda Willmsen moved to adjourn at 5:44 Submitted by Dolores Brunner CJ • • 1. CALL TO ORDER The meeting wa the following Ebent, Marlin Also present: Plotz and City MINUTES MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 21, 1987 s called to order by Chairman Tom Lyke at 7:30 p.m. with members present: Bruce Drahos, Spencer Beytien, Roland Torgerson, Bill Craig, Larry Roma and Chairman Tom Lyke. Building Inspector Jim Marka, City Administrator Gary Attorney Barry Anderson. Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, March 17, 1987. Seconded by Mr. Beytien the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY TACO JOHN'S Chairman Lyke opened the hearing at 7:31 p.m. with the reading of publication #3675 as published in the Hutchinson Leader on Thursday, April 9, 1987. The request is for cons—iffering a con i conal use permit to allow Taco John's to expand on property located at 114 4th Ave. N.W. After discussion Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Romo the hearing closed at 7:35 pm. Mr. Torgerson made a motion to recommend approval to the City Council. Seconded by Mr.Romo the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY ROGER GILMER Chairman Lyke opened the hearing at 7:35 p.m. with the reading of publication #3676 as published in the Hutchinson Leader on Thursday, April 9, 1987. The request is for const er-'3 ring co�itional use permit to allow the owner to construct a screen porch on a floating slab at grade for summer entertainment on Lot 7 on property located at 315 1st Ave. NW. A question was raised as to placing the gazebo in the flood plain. Mr. Gilmer explained that he has researched the question and found that this type of structure will be permitted in the area. Building Official Marka explained the staff recommendation of conditional use and platting. Discussion followed as to the intent of the ordinance concerning accessory buildings. Mr. Beytien moved to close the hearing, seconded by Mr. Romo the hearing closed at 7:55 p.m. Mr. Romo made a motion to recommend approval to City Council based on interpretation of the Planning MINUTES - HUTCHINSON PLANNING COMMISSION 4/21/87 Commission that the use of the building be for entertainment (not as storage) and granted only as long as ownership is retained by Mr. Gilmer. City Attorney Anderson will research the matter further. Seconded by Mr. Ebent the motion carried unanimously. It was understood that garages or accessory buildings (primarily use being storage) will be continued to be prohibited on vacant lots. (c) CONSIDERATION OF PRELIMINARY PLAT OF SUNSET RIDGE ADDITION SUBMITTED BY KEVIN COMPTON Chairman Lyke opened the hearing at 7.55 p.m, with the reading of publication #3677 as published in the Hutchinson Leader on Thursday, April 9, 1987. The.request is for the purpose ofconsidering the platting of a parcel of property to be known as Sunset Ridge Addition. It was suggested, from the public attending, that Florida Street be extended to the cul -du -sac to help alleviate traffic problems. Building Official Marka explained staff recommendation of the 28' opening at curb line on Lot 14. Discussion followed as to zoning and possible street extentions in that area such as Florida and Illinois Streets. • Mr. Ebent moved to close the hearing, seconded by Mr. Beytien the hearing closed at 8:10 pm. Mr. Ebent made a motion to recommend approval to City Council including staff recommendation to provide a 28' opening at curb line on Lot 14. Seconded by Mr. Torgerson the • motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT ON PLANNED UNIT DEVELOPMENT SUBMITTED BY LARRY BETHKE Chairman Lyke opened the hearing at 8:10 p.m, with the reading of publication #3678 as published in the Hutchinson Leader on Thursday, April 9, 1987. The request is for const Bring a co�itional use permit to allow the owner to construct a 70 unit planned development of townhouses and appurtenances on property located on 8th Avenue NW and School Road. Several neighbors of the property were present to be informed of the type of units being built there. They were given copies of the PUD plans to help answer questions. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Drahos the hearing closed at 8:20 p.m. Mr. Torgerson moved to recommend approval to City Council subject to an updated PUD plan being submitted. Seconded by Mr. Romo the motion carried unanimously. Ll MINUTES - HUTCHINSON PLANNING COMMISSION 4/21/87 . 4. OLD BUSINESS (a) CONSIDERATION OF FINAL PLAT ON BREEZY MEADOW SUBMITTED BY DONALD AND HAZEL SITZ Mr. Torgerson made a motion the recommend approval of the final plat to the county with no objection. Seconded by Mr. Romo the motion carried unanimously. (b) DISCUSSION OF SATELLITE "DISH" ANTENNAS Chairman Lyke began discussion stating that the FCC ruling creates a problem with enforcing any ordinance on Dish Antennas. Comments also were made on the fact that with technology now the large "dishes" will be obsolete in the near future. The consensus of the commission was to table further discussion on the matter. 5. OTHER BUSINESS (a) DISCUSSION OF RENTERS FACT SHEET Chairman Lyke asked about the status of the Renters Fact Sheet presented by Building Official Marka at the March meeting. Mr. Marka commented on his meeting with the two realtors that came to give input on the fact sheet. Their comments were favorable, • although they suggested that it be shortened somewhat. Mr. Marka stated that it would be Fall before the program could be put into action. • (b) DISCUSSION OF COMPREHENSIVE MAP TO PARK BOARD Chairman Lyke commented on the status of the Comprehensive Map that was to be reviewed by the Park Board for park designation. The map will be given to Bruce Erickson for Board reviewal at their next meeting. 6. NEW BUSINESS (a) DISCUSSION OF DRAWING OF PLAT SUBMITTED BY ORVILLE HOLMQUIST (East of California St. and North of Hwy 7) Mr. Holmquist presented a drawing of the proposed plat on property located east of California St. and North of Hwy 7. Discussion was favorable on the drawing. 3 MINUTES - HUTCHINSON PLANNING COMMISSION 4/21/87 - (b) CONSIDERATION OF PORTABLE SIGN SUBMITTED BY JERRY BROWN • Mr. Torgerson moved to recommend approval of sign permit to City Council. Seconded by Mr. Beytien the motion carried unanimously. (c) DISCUSSION OF COMPREHENSIVE PLAN REPORT - CHAPTERS 1, 2 AND 3 Chairman Lyke stated the need to have the Comprehensive Plan updated along with the Economic, Population and Land Use Report. City Administrator Plotz stated that the timing is good to listen to consultants for the next 3 meetings with the proposal to the City Council for the budget in August. Discussion followed with direction to bring in a consultant at the May meeting for interview. 7. ADJOURNMENT There being no futher business the meeting was adjourned at 9:00 p.m. • • 4 HUTCHINSON COMMUNITY HOSPITAL • SPECIAL BOARD OF DIRECTORS MEETING - April 10, 1987 Victorian Inn - 7:00 PM PRESENT: Mike and Peg Carle; Bob and Pat Durfee; Dori and Len Johnson; Rev. Thor and Audrey Skeie; Joan and Dale Ewald; Rolly and Rosemarie Balks; Dr. Carl and Marilyn Bretzke OTHERS PRESENT: Phil and Pam Graves; Jane Lien; Frank Seivert The purpose of this special meeting was to honor and thank Joan Ewald and Rolly Balke for their ten years of service to Hutchinson Community Hospital as trustees on the governing board. Following dinner, President Carls highlighted the events of the past ten years which the out -going trustees had experienced and briefly talked about the hospital's future, which they had helped to shape. He also presented plaques to Ewald and Balke from the City Council and the Hospital Board of Directors, in recognition of their significant contributions to the hospital and the community it serves. Farewell remarks were also heard from others present. • There being no further business to discuss, the meeting was adjourned. Respectfully submitted, Philip G. Graves Recording Secretary PGG (lh 10 Dori Johnson Secretary HUTCHINSON COMMUNITY HOSPITAL f .REGULAR BOARD OF DIRECTORS MEETING - April 21, 1987 Large Conference Room - 5:15 PM PRESENT: Mike Carls, President; Bob Durfee, Vice President; Dori Johnson, Secretary; Rev. Thor Skeie, Trustee; Diane Gilmer, Trustee; Rich Myers, Trustee; Dr. R.L. Hegrenes, Secretary of Medical Staff ABSENT: Dr. C.O. Bretzke, Chief of Staff (excused) OTHERS PRESENT: Bernie Hesse, McGladrey Hendrickson & Pullen; Dr. J.O. Fluegel; Philip G. Graves, Administrator; Jane Lien, Director of Nursing Services; Francis P. Seivert, Director of Finance; Jane Hodgins, Hutchinson Leader; Lon Roach, KDUZ/KKJR Radio; Laurie Hulkonen, Recording Secretary The meeting was called to order at 5:45 PM, following dinner, by President Carls. The two new board members (Gilmer and Myers) were welcomed by the board. I. Minutes of Past Meetings. The minutes of the March board imeeting were presented. Following discussion: Motion was made by Johnson, seconded by Durfee, to approve as presented the minutes of the March 17, 1987, regular board of directors meeting. All were in favor. Motion carried. II. Medical Staff Meeting Minutes. Dr. Hegrenes presented the minutes of the April medical staff meetings. No unusual comments were made. III. Old Business A. Bylaws Amendment. Graves distributed a handout showing the amendment to the "Duties of Officers - Vice President" section of the governing board bylaws, which was requested by the board at their March meeting. The amendment consisted of adding the appointment of the Vice President, to the Quality Assurance Committee for a minimum two-year period, to the official language of the bylaws. Following discussion: Motion was made by Johnson, seconded by Durfee, to approve the bylaw amendment calling for the • Quality Assurance Committee appointment to be made for a minimum of two years. All were in favor. Motion carried. IV. Now Business A. Audit Presentation. President Carls introduced Bernie . Hesse, of the hospital's auditing firm, to the group. Hesse presented the opinion of the auditors that Hutchinson Community Hospital fairly presented its financial position during the audit and was in excellent shape for a hospital its size. He then proceeded to highlight several areas of interest to the board. Following discussion: Motion was made by Skeie, seconded by Johnson, to receive the audit. All were in favor. Motion carried. The board then thanked Hesse for his presentation, and he left the meeting. At this point, the board recessed for five minutes, and then reconvened. B. Psychiatric Recruitment. The board then considered the need for additional psychiatric hours in Hutchinson Community Hospital programs. The issue of whether to hire a staff psychiatrist or wait until a partner was found by Dr. Fluegel was discussed. The board recognized that a recruitment firm had approached • Hutchinson Community Hospital with a candidate for staff psychiatrist and reviewed the terms of that firm's contract for placement. Following discussion: Motion was made by Johnson to delegate the authority to the Physician Recruitment Ad Hoc Committee to establish terms of a contract agreement with the psychiatrist and that the psychiatrist be hired by the hospital. Motion failed for lack of a second. It was emphasized that the hospital board wished to maintain two psychiatrists in Hutchinson (both Dr. Fluegel and the incoming individual). Graves requested that Dr. Fluegel be recognized in the audience and be allowed time to provide input to the board regarding his position on an additional psychiatrist. Dr. Fluegel presented his concerns about the need for additional psychiatric coverage in Hutchinson. He explained his concern about the hospital hiring a psychiatrist and that it is his commitment to add a partner to his practice, probably in 1988. Following Dr. Fluegel's presentation, he left the meeting. n U The board expressed their commitment in having the 1.10 administrator pursue the possibility of hiring a staff psychiatrist and, as a first step, encouraged him to interview the candidate proposed by the recruitment firm. The board agreed with the necessity for a timely discharge of the interview. Following further discussion: Motion was made by Skeie, seconded by Myers, to proceed with interviewing of the candidate proposed by Challenger and Hunt, a physician recruitment firm, for the purpose of determining if the person is qualified for the position and, if so, to bring the physician and his wife to Hutchinson. All were in favor. Motion carried. C. Psychiatrist Agreement. Graves briefed the board on the need for a suitable contract agreement with any individual who may be hired as staff psychiatrist. He expressed his desire to have such an agreement "in hand" when he interviewed the candidate being considered and asked that the Physician Recruitment Ad Hoc Committee be reconvened by the board president to assemble such an agreement. Following discussion: • Motion was made by Skeie, seconded by Gilmer, to enter into a contractual arrangement with Challenger and Hunt for $18,000, provided their applicant is offered and accepts the staff psychiatrist position, and to delegate authority to the Physician Recruitment Ad Hoc Committee to write a suitable contractual employment agreement for the staff psychiatrist. All were in favor. Motion carried. Carls then reappointed the Physician Recruitment Ad Hoc Committee members of Skeie, Durfee, Bretzke and himself to work out details of the contract, with the administrator in attendance as an ex officio member. Their first meeting will take place at the call of the administrator prior to his interview of the psychiatrist candidate. Following discussion: Motion was made by Durfee, seconded by Gilmer, to ratify the appointments of Skeie, Durfee, Bretzke and Carls to the Physician Recruitment Ad Hoc Committee. All were in favor. Motion carried. 0 D. Health Partners Contract. A summary of the Health Partners health maintenance organization (HMO) was presented to the group. This HMO offers 4-5 program options to its subscribers. Health Partners has agreed to pay the hospital billed charges for two years. Following discussion: Motion was made by Johnson, seconded by Durfee, to enter into an agreement with the Health Partners HMO for reimbursement of billed charges. All were in favor. Motion carried. E. Trustee Conference. President Carla encouraged all board members to attend the Hospital Trustee XIV Conference to be held in St. Paul on May 5, 1987. Those interested will contact the administrator so registration for the conference may be made. F. EKG Monitor. The capital expenditure request for purchase of an updated EKG monitoring system was presented to the board. Following discussion: Motion was made by Skeie, seconded by Durfee, to request approval from the City Council to advertise for bids for the purchase of a computer- assisted EKG system. All were in favor. Motion carried. • G. Tax Bill. A proposed tax bill imposing a 6% sales tax on certain non-profit organizations (including hospitals) was next discussed. Following discussion: Motion was made by Johnson, seconded by Durfee, to direct the hospital administrator to prepare and send a resolution in opposition to the proposed tax bill to area legislators. All were in favor. Motion carried. H. First Ouarter Status Report. A report on progress during the first quarter of 1987 toward the year's institutional objectives was distributed and discussed. No unusual comments were made. I. PHP Contract. Graves updated the board on the status of the hospital's negotiations with Physicians Health Plan for a contract agreement. The hospital has sent a recent offer to the HMO for reimbursement of charges but the hospital not yet received a response. Any offer to reimburse less than billed charges will be brought back to the board for their consideration. U J. Reappointment of Dr. Kaplan. The board reviewed the • recommendation from the executive committee of the medical staff for reappointment of Dr. Arnold Kaplan to the consulting medical staff. Following discussion: Motion was made by Myers, seconded by Durfee, to reappoint Dr. Arnold Kaplan, gastroenterologist, to the consulting medical staff of Hutchinson Community Hospital. All were in favor. Motion carried. V. Statistical Report. The statistical report for March, 1987, was presented to the board. Admissions for the month were approximately the same for the previous month. It was noted that the Mental Health Unit once again had an excellent month. Medical service areas all trended above -budget at the end of the first quarter. VI. Accounts Payable. The listing of accounts payable and cash disbursements for March, 1987, was presented. Following discussion: Motion was made by Durfee, seconded by Johnson, to approve for payment the attached listing of accounts payable and cash disbursements in the amount of $597,112.31. All were in favor. Motion carried. VII. Financial Statements. The hospital realized a net gain from operations of approximately $56,000 after funding price level depreciation and working capital requirements. A. Interim Mental Health Program Director. The report was presented. Graves indicated to the board that Pat Halverson, Acting Mental Health Program Director, was doing an excellent job at managing the MHU. The board next discussed the new Adult Day Care licensing law regulating square footage needed for Day Care. This has necessitated that the hospital look at renting space elsewhere to house the Day Care Program. The administrator informed the board that several buildings for rent in downtown Hutchinson are being considered for the program. Following discussion: Motion was made by Myers, seconded by Durfee, to direct the Administrator to enter into a rental agreement for space for the Day Care program. All were in favor. Motion carried. 0 Graves also appraised the board of space that is being rented in Glencoe to house the mental health outpatient • program. The present office space, in Ford Place, will be utilized to house our family -based therapists. IX. Patient Satisfaction Surveys. Surveys received since the last meeting were reviewed by those present. No unusual comments were made. A. Health Fair Test Cost. Skeie notified the board of negative feedback he'd received regarding the recent health fair sponsored by the hospital and TV it-KARE due to fees charged for cholesterol testing by the TV 11 machines doing the testing. Another vendor had provided machines for the same test and did not charge for the test. Graves indicated that anyone charged for the test, who was not given a choice between the TV 11 machine and the other vendor's machine, would be, upon request, reimbursed the cost of the TV 11 machine's test. There were some individuals, he noted, who chose to be tested by the TV 11 machine simply because there was no waiting line. He requested that anyone in the community commenting on this be referred to him for an explanation and reimbursement, if needed. B. National Trustee Conference. Skeie briefly presented information on a national trustee conference being held in Boston. He encouraged anyone able to attend to do so, citing his experience at the national conference in 1986 as being very beneficial. XI. Adjournment. Motion was made by Myers to adjourn the meeting. The meeting was then adjourned by President Carls at 9:45 PM. Respectfully submitted, Laur a Hulkonen Dori Johnson Recording Secretary Secretary LH LA M • FOR FOUR MONTHS ENDED APRIL 30, 1987 • CURIWV PERIOD YEAR -70 -DATE ACRAL BUDGEr DANCE PATEW REN12VE ACTUAL BUDGET VARIAN= Ho ital Service $138,280 $142,820 $(4,540) Medi RMEM9 51ts $ 624,380 $ 590,145 $ 34,235 64,855 43,989 20,866 Mental health Unit 257,735 163,907 93,828 448,988 347,146 101,842 Ancillary 1_,746,697 1,321,291 425,406 $652,123 $533,955 $118,168 Gross Patient Revenue $2,628,812 $2,075,343 $553,469 (47,138) (30,697) (16,441) Less: Discounts & Allowances (198,801) (122,788) (76,013) $604,985 $503,258 $101,727 Net Patient Revenue $2,430,011 $1,952,555 $477,456 23,982 17,119 6,863 Other Operating Revenue 66,411 68,476 (2,065) $628,967 $520,377 $108,590 Total Operating Revenue $2,496,422 $2,021,031 $475,391 OPERATING E(PENSES $276,478 $274,670 $1,808 Salaries $1,097,342 $1,096,288 $ 1,054 52,361 48,890 3,471 E2hployee Benefits 193,381 189,026 4,355 ,502 28,316 10,186 Medical & Other Fees 155,784 98,050 57,734 1l 586 8,899 2,687 Raw Food 40,513 35,893 4,620 ,883 15,163 1,720 Drugs 66,252 53,337 12,915 70,847 49,106 21,741 Medical & Other Supplies 249,354 198,076 51,278 16,225 18,992 (2,767) Utilities 59,489 70,168 (10,679) 14,917 7,377 7,540 Building & B<juipment PAVairs 37,989 29,501 8,488 3,995 3,854 141 Rental Expense 14,101 14,792 (691) 8,862 8,652 210 Insurance 35,194 34,608 586 2,019 2,242 (223) interest 8,681 8,190 491 22,578 24,077 (1,499) Depreciation 85,119 96,308 (11,189) 10,755 14,647 (3,892) Other Expenses 52,494 65,205 (12,711) $546,008 5504,885 $ 41,123 Total Operating Expense $2,095,693 $1,989,442 $106,251 82,959 15,492 67,467 Operating Income 400,729 31,589 369,140 Add (Deduct) Non-Operatinq Revenue (Expensel Price -Level Depreciation (26,214) (26,214) --- And Working Capital (104,856) (104,856) --- S56,745 S(10,722) $67,467 Excess Revenues over Expenses $295,873 S(73,267) 5369,14 • Hutchinson Jaycees Uhy 1887 N C -n kl n PAID �ana City of Hutchinson • FEE 8 t APPLICATION FOR GAMBLING DEVICES LICENSE Approved bv: Building , Fire Application shall be submitted at Police least days prior to the Gambling occasion Michael Schall AND I. Joel Kraft Name of Authorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game of bingo in accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending • 0 Sig]jatutes• Authorized ffi r of Organization De ated Gambl^g Manager of organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: Schall Michael John (last) ` (first) (middle) 2. Residence Address: Box 611 Hutchinson Minnesota 55350 (street) (city) (state) (zip) 3. Date of Birth: 3/6/52 4. Place of Birth Montevideo, MN (mo/day/year) (city/state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No x If Yes, explain B. The following is to be completed by the designated gambling manager of organization: 1. True Name: Kraft Joel Clark (last) 2. Residence Address: (first) (middle) Rt# 1 Hutchinson, Minnesota 55350 (street) (city) (state) (zip) 3. Date of Birth: 6/5/54 4. Place of Birth: Worthington, MN (mo/day/year) (city/state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No % . If yes, explain _ 6. How long have you been a member of the organization? 3 yrs 1 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used Gold Coin 2. Date or dates gambling devices will be used Monday through Saturday (date and/or day(s) 3. Hours of the. - gambling des will be used: of week) From 8:00 To 1:00 M. P. 4. Maximum number of players N/A 5. Will prizes be paid in money or merchandise? Money 6. Will refreshments be served during the time the gambling devices will be used? Yes % No . If so, will a charge be made for such refreshments? Yes K NO D. Organization Information: 1. Address where regular meetings are held Crow River Country Club 2. Day and time of meetings first Thursday of the month 7:00 p.m. 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes % No 4. How long has the organization been in existence? 46 yrs 4a. How many members in the organization? 50 5. What is the purpose of the organization? Non-profit service oreanizatic 6. Officers of the Organization: Name Address Title Mike Schall Box 611, Hutchinson President John Beckman 667 Bluff, Hutchinson Treasurer Steve Snapp 876 Dale Hutchinson Secretary 7. Give names of officers or any other persons paid for services to the organization: Name Address Title Joel Kraft Rt9 1 Box 69, Hutchinson Vice President Tom Inglis 635 Lakewood Dr. Hutchinson Vice President Barry Anderson 492 Connecticut Hutchinson Vice President D. Organization Information: (Continued) 8. In whose custody will organization records be kept? • Name Joel Kraft Address Rt9 1 Box 69 Hutchinson, MN 55350 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer State Surety and Policy No. RPS 31 1081 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws. ordinances, and regulations governing the operation and use of gambling devices? Yes 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company State Surety Company 2. Address of bonding company Des Moines, Iowa 50306 3. Amount and duration of bond $10,000.00 continuous 4. Application is hereby made for waiver of the bonding • requirements. Yes No X 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 gamblimg. and I will familiarize myy�lf with the contents thereof. n n � /-') n Subscribed and sworn AR -At_, 19 97. Signature iof Date: o.before me a ry pu mission expires on Subscribed and sworn to be me a notapy pu �Z a, 19P7. �— Signature of Notary Pu Commission expires on Social Security Number: • MN Business ID Number: 41-1430060 Der of organi-zation mon ttj�EE (isy ..L NOTARY PUBLIC -M1 NNESOT t_lil McLEOD COUNTY �My CW ,,Wron Expires June 29. 1991 5U--tR] bi aaM y a NOTARY PUBLIC - MINNESOTA MCLEOD COUNTY My Commission Expires Dec. A 1W, � � • • EFFECTIVE SEPTEMBER 9, 1986 AFFIDAVIT Ir %►'I 73 �1ea�co �,� AM OVER 65 YEARS OF AGE, OR I AM ON DISABILITY AS DEFINED BY THE SOCIAL SECURITY ADMINISTRATION, AND MY INCOME PER YEAR IS LESS THAN: FAMILY SIZE INCOME 1 $7560 2 $9,180 THE STANDARD CHARGE OF $8,60 FOR TRASH AND REFUSE SERVICE WOULD IMPOSE A FINANCIAL HARDSHIP ON ME AND I THEREFORE ASK REDUCTION OF THE CHARGE TO $1,50, SIGNATURE IVVw L rt r.l� +1121 24;` STREET ADDRESS _ FOR OFFICE USE ONLY To: WATER DEPARTMENT DATE ACCOUNT NUMBE DATA CHANGE To: CITY COUNCIL COUNCIL ACTION: APPROVED DATE DISAPPROVED �-e • • MLISBBD IN THE RMWIss1 L2012 ON TRRSDAI, !LY 12TH, 1987, AND ON TUBSDAI, MAY 19TH9 1987. NOTICE OF BRAKING ON PROJECT NO. 87-34 PUBLICATION NO. 3694 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 26th day of May, 1987, to consider the making of an improvement on Shady Ridge Road from T.H. 7 to the South Line of Hilltop Addition by the construction of Storm Sewer, Grading, Aggregate Base and Appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is: Lots 1 through 4. Block 1 and Lot 1, Block 2, Sunset Ridge Addition in accordance with the Preliminary Plat approved by the Council on April 28th, 1987; and Lots 1 and 3, Tenpart Addition; and Beginning at the Southwest Corner of Block 1, Shady Ridge Estates; thence East on the South Line of said Block 1 for a distance of 166.73 feet; thence South parallel to the East line of Tenpart Addition and its extension to the point of intersection with the North right-of-way line of Trunk Highway 7; thence West on said North right-of-way line to the intersection with a line parallel to and 60.00 feet East of the East line of Tenpart Addition; thence North parallel to said East line of Tenpart Addition for a distance of 700.00 feet, more or less, to the intersection with the Westerly extension of the South line of Block 1, Shady Ridge Estates; thence East on said extended South line for a distance of 27.00 feet to the point of beginning. The estimated cost of such improvement is $34,160.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. City Clerk • Dated: May 8th, 1987 PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE Bum INFORMED OF A TRUE REPRESENTATION OF OPINION. IF (612) 587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMO DATE: May 20, 1987 T0: Mayor and City Council PROM: Eugene Anderson, Director of Engineering RE: Improvement on Shady Ridge Road and Sunset Ridge Addition A Petition signed by all affected owners, was received for improvements in Sunset Ridge Addition. The Council did, on May 12th, order the improvement and preparation of plans and specifications. 0 An improvement hearing for storm sewer, grading and aggregate base construction on Shady Ridge Road is scheduled for May 26th. Attached for the Council's consideration following the hearing, is a Resolution Ordering • the Improvements and Preparation of Plans and Specifications. Also, attached is a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids. Plans were prepared with the assumption that the improvements on Shady Ridge Road and in Sunset Ridge Addition would be constructed under one contract, thereby eliminating potential problems in coordinating the work. Respectfully submitted, "� ugen Anderson Director of Engineering EA/pv attachments • L RESOLUTION ORDERING DIPHDVZMMT AND PREPARATION OF PLANS AMD • PROJECT 50. 87-34 Resolution No. 8538 WHEREAS, a resolution of the City Council adopted the 28th day of April, 1987, fixed a date for a council hearing on the proposed improvement of Shady Ridge Road from T.H. 7 to the South Line of Hilltop Addition by construction of Storm Sewer, Grading, Aggregate Base and Appurtenances; AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 26th day of May, 1987, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BUTCHINSON, 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 28th day of April, 1987. 2. Eugene Anderson is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. is Adopted by the council this 26th day of May, 1987. Clerk • Mayor J RESOLUTION APPROVING PLANS AND SPSCMCATIONS AND ORDERING ADVERTISEMENT FOR SIDS • LETTING 90. 15 PROJECT NO. 87-33 A 87-34 Resolution No. 8539 WHEREAS, pursuant to a resolutions passed by the Council on May 12th, 1987 and on May 26th, 1987, the City Engineer has prepared plans and specifications for the improvement of Shady Ridge Road from T.H. 7 to the South Line of Hilltop Addition and Connecticut Street and Connecticut Court in Sunset Ridge Addition in accordance with the Preliminary Plat approved by the Council on April 28th, 1987, by construction of Sanitary Sewer, Watermain, Strom Sewer, Sewer and Water Servioea, Grading, Aggregate Base and Appurtenances, and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such plans and specificationa, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official • newspaper, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 2:00 P.M. an June 8th, 19879 in the Council Chambers of the City Hall, Hutchinson, Minnesota, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 10 per cent of the amount of such bid. Adopted by the council this 26th day of May, 1987. Mayor Clerk ff 612) 587.5151 TY OF HUTCHINSON .ASHlNCTON AVE.NUF WEST HINSON. MINN. 55350 M E M 0 DATE: May 20, 1987 T0: Mayor and City Council FROM: Director of Engineering RE: Proposed Storm Sewer Improvements from Les Kouba Parkway to T.H. 7 Letting No. 7, Project No. 87-31 This storm drain project is designed to alleviate a problem north of the Hutch Computer, Inc. parking lot. With reference to the attached drawing, runoff from properties on the north side of T.H. 7 is collected in the north ditch, which drains to a 24" culvert beneath the highway. The culvert drains to the south side of the highway, where runoff is presently picked up by a storm water inlet. Computations indicate that the inlet and its outlet • pipe are slightly undersized for present runoff during a storm event of design intensity. As a result, water overflows onto the Hutch Computer, Inc. parking lot, depositing sand and debris. The project, as designed, will intercept the culvert at its south outlet and will outlet storm water into an inplace 24" culvert, which flows to the river. A connection would also be made to the inplace storm sewer on 3rd Avenue N.W. to reduce surcharge on the 3rd Avenue N.N. pipe. Attached for your consideration is a Resolution Adopting the Assessment Roll and a Resolution Accepting Bid and Awarding Contract for the project. EA/pv attachments I-1 LJ Respectfully submitted, Cugeeon Director of Engineering 1 � ` 411�5oo sy. Ft a - � T ul 43 G" T _ LOS W14 ����� .,.., GOPHER \ lI ..•.:, \ " � �—DLIF j4(S CTUARY RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 232 • Resolution No. 8521 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Les Rouba Parkway to T.A. 7/22 West of West End of Third Avenue N.W. by construction of Storm Sewer and Appurtenances, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 19889 and shall bear interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 1, 1987, until the 31st day of December, 1988. To each subsequent installment when due, shall be added interest for • one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1987; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before October 10, or interest will be charged through December 31, of the next succeeding year. Ll 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of May, 1987. City Clerk Mayor RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 7 PROJECT N0. 87-31 Resolution No. 8526 WHEREAS, pursuant to an advertisement for bids for the improvement of Les Kouba Parkway to T.H. 7/22, West of West End of Third Avenue N.W. by construction of Storm Sewer and Appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Juul Contracting Company $37,331.40 Quam Construction $41,614.00 Rickert Excavating, Inc. $43,266.20 AND WHEREAS, it appears that Juul Contracting Company of Hutchinson, MN, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHNSON, MINNESOTA: 0 1. The mayor and clerk are hereby authorized and directed to enter into • the attached contract with Juul Contracting Company of Hutchinson, MN, in the name of the City of Hutchinson, for the improvement of Les Kouba Parkway to T.H. 7, West of West End of Third Avenue N.W. by construction of Storm Sewer and Appurtenances, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk 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. Adopted by the City Council this 26.th day of May, 1987. Mayor City Clerk • ` MINNESOTA ON THONSDA2 POBLISBaD IN !� LE►DNR, HMTlC8IN90N, r r APNI1.30th , 1987. • NOTICE OF HEARING ON PR MW ASSESSMENT PUBLICATION NO. 3684 ASSESSMINT ROLL NO. 227 Letting No. 20 Project No. 87-07 ► 87-09 Hutohinson, Minnesota April 21st, 1987 TO VWM IT MAY CONCERN: NOTICE is hereby given, that the Council will meet at 8:00 P.M.. on the 26th day of May, 1987, in the Council Chambers of City Nall at Hutchinson, Minnesota, to pass upon the proposed assessment against affected property for the improvement of Eighth Avenue N.V. from School Road to Colorado Street; Colorado Street from eighth Avenue N.W. to North Termini and Campbell Lane in Clark's 2nd Addition and Campbell Lake Addition and Voodridge Addition by construction of Gravel Base, Curb and Gutter and Appurtenances. You may, at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid by September 30th, 1987. You may, at anytime thereafter, pay to the City Clerk the entire amount of the assessment • remaining unpaid, with interest accrued to Deosmber 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 7 percent per year. The right to partially prepay the assessment shall be until September 30thr 1987. The proposed assessment is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $73,554.97. Witten or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. • 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The'same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. PUBLICATION NO. 3684 PAGE 2 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and agrued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. • Under Minnesota Statutes, Section 435.193 to 435.1959 the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of this law and the resolution adopted • under it, may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. PI , City dministrator Hutchinson, -Minnesota • 0 • E63OLUTIOM ADOPTING ASSESSMENT A33233HM ROLL 90. 227 Resolution No. 8540 WHEREAS, pursuant to proper notice duly given as required by lax, the Council has met and beard and passed upon all objections to the proposed assessment for the improvement of Eighth Avenue A.Y. from School load to Colorado Street; Colorado Street from Eighth Avenue A.Y. to North Termini and Campbell Lane in Clark's 2nd Addition and Campbell Lake Addition and Voodridge Addition by construction of Gravel Base, Curb and Gutter and Appurtenances, HOW THEREFORE, BE IT RESOLVED BY THE CITE COUNCIL OF BUTCHINSOH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 19880 and shall bear interest at the rate of 7 percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 19 19879 until the 31st day of December, 1988. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The ower of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on snob property, with interest accrued to the data of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the lot day of October, 1987; aid be may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of Dsoember, of the year in which such payment is made. Such payment must be made before October 10, or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same canner as other municipal taxes. Adopted by the Council this 26th day of May, 1987. City Administrator Mayor LETTING 50. 2 PROJECT NO. 87-07 A 87-09 Resolution No. 8541 WHEREAS, pursuant to an advertisement for bids for the improvement of Eighth Avenue N.M. from School Road to Colorado Street; Colorado Street from Eighth Avenue N.W. to North Termini and Campbell Lane in Clark's 2nd Addition and Campbell Lake Addition and Woodridge Addition by construction of Gravel Base, Curb and Gutter and Appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: J. W. Hanson Construction Company $629094.20 Burress Construction Company, Inc. $839703.20 AND WHEREAS, it appears that J. W. Hanson Construction Company of Hutchinson, Minnesota, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHNSON, MINNESOTA: C1 J 1. The mayor and clerk are hereby authorised and directed to enter into the attached contract with J. W Hansbn Construction Company of Hutchinson, • Minnesota, in the name of the City of Hutchinson, for the improvement of Eighth Avenue N.W. from School Road to Colorado Street; Colorado Street from Eighth Avenue N.M. to North Termini. and Campbell Lane in Clark's 2nd Addition and Campbell Lake Addition and Woodridge Addition by construction of Gravel Esse, Curb and Gutter and Appurtenanoes, according to the plans aid specifications therefor approved by the City Council and on file in the Office of the City Clerk. 2. The City Clerk In 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. Adopted by the City Council this 26th day of May, 1987. Mayor City Clerk i • (612)W7-5151 �vmv CITY OF HUTCHINSON • / 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 MEMO DATE: May 20, 1987 TO: Mayor and City Council Members FROM: Director of Engineering RE: Bituminous Surfacing in Woodridge Addition Project No. 87-35 Supplemental Agremment:to project No. 87-09 During its May 12th meeting, the Council ordered preparation of plans and specifications for bituminous surfacing of Hilltop Lane and Campbell Lane in Woodridge Addition, for which a petition, signed by all of the affected property owners was received. The plans and specifications are attached in the form of a proposed Supplemental Agreement to a contract by direct negotiation, foregoing competative bid procedures. • To expedite the improvement proceedings, this office received a quotation from J. W. Hanson Construction Co. to complete the work. The quoted prices, as shown on the proposed Supplemental Agreement, are reasonable, and a proposed Assessment Roll was subsequently prepared. Attached for the Council's consideration are: -Proposed Supplemental Agreement No. 1 for Project 87-09 -Resolution Approving Plans and Specifications and Ordering Direct Negotiation for the Improvement -Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment -Resolution for Hearing on Proposed Assessment If the Council concurs with the above procedure and the resolutions are adopted, the assessment hearing would be held on June 23rd. Respectfully submitted, Eugen Anderson • Director of Engineering EA/pv attachments CM OR 1DPOUNSWo MIIAIEMA wpp. to Cwtraet 1b. 1 No. Tr 'W9 SUPPLEMMAL AGRBENE TT Sheet I 0_ FJ. rector a ect tate ect ty ect N Hanson Construction mss P.O. Box 353, 1040 Hwy. 22 So. Location Hilltop Lane and Campbell Lane in Hutchinson MN 55350 I Woodridge Addition This comtrect is sanded as follow: WHEREAS, this contact calls for, among other things, the construction of concrete curb and gutter, aggregate base and appurtenances, with pertinent pay items therefore; and WHEREAS, at the request of adjacent property owners, the City wishes to construct a permanent street surface; and WHEREAS, the Engineer has determined that bituminous pavement be constructed, NOW, THEREFORE, IT IS SO MUTUALLY AGREED AND UNDERSTOOD: 1. That the Contractor shall prepare the aggregate base and construct bituminous surfacing on Hilltop Lane and on Campbell Lane in Woodridge Addition, in the following thicknesses: 2-1/4" of MN/DOT 2331 Bituminous Base Course 3/4" of MN/DOT 2361 Asphaltic Concrete Surface (Fine Mix) and as directed by the Engineer. 2. That the construction shall be in accordance with the applicable provisions of the contract specifications and with Sections 2112, 2331 and 2361 of the Minnesota Department of Transportation "Standard Specifications for Construction" 1983 Edition, and supplemental specifications thereto. 3. The unit of measure for the extra work, all as provided by the Contractor, shall be by the ton for 2331 and 2361 bituminous mixtures, by each for casting adjustments and by the road station for subgrade preparation, as provided in the Estimate of Cost herinafter. 4. The negotiated unit price for the extra work specified herein at $21.00 per ton for 2331 bituminous base course mixture, $34.00 per ton for 2361 asphaltic concrete mixture, $150.00 per each for adjusting manhole casting, and $100.00 per road station for subgrade preparation. S. Contract time will not be revised except as may be provided under the provisions of MN/DOT Specification 1806. Dated: , 19 Dated: 19 Dated: , 19 _ Mayor Dated: , 19 • cI7y op tQlCCHINSON, MINNESOTA SOPPLOGNTAL AGREEMENT Supp. to Contract No. I No. Sheet 2 OT -2 IWTactor Fed. Fr03 Oct tate Project City Project . Hanson Construction Co. NA NA 87-09 ess .0. Box 353, 1040 Hwy. 22 So. Location Hilltop Lane and Campbell Lane in Hutchinson MN 55.350 Woodridge Addition This contract is amended as follows., 6. The Contractor will not make claim of any kind or character what -so -ever, for any other costs or expenses which he may have incurred or which may be hereafter incurred in performing the work or furnishing the materials required by this agreement. ESTIMATE OF COST DECREASE ITEMS ITEM quantity Unit Unit Price Amount Adjust Manhole Casting 5 EACH $ 100.00 $ 500:00 Class 5 Aggregate Base 190 C.Y. 7.00 1$30.00 TOTAL DECREASE------------------------------------------------------------ $ 1,830.00 INCREASE ITEMS atuminous Material 2331 Base Bituminous Material 2361 Wear Adjust Manhole Casting Subgrade Preparation TOTAL INCREASE ----------------- NET INCREASE ------------------- 240, TON $ 21.00 $ 5,040.00 100 TON 34.00 3,400.00 5 EACH 150.00 750.00 4.6 RD.STA. 100.00 460.00 Dated: , 19 Dated: 19 Contractor $ 9,650.00 $ 7,820.00 Dated: 19 Mayor Dated: 19 City Administrator Computed Byt Cheoked Bys wDDecesvr DOLL un azz WOODRIDGfl ADDITION SERVICE LEAD t BITUMINOUS SURFACING B APPURTENANCES NO. IRS. SPREAD t 30 (SUPPLEMENTAL AGREEMENT TO PROTECT NO, 87-09) UNIT USED a PER LOT ACCT. PARCEL NAME 8 ADDRESS ADDITION ORI SERVICE TOTAL NO. NO. or OWNER SUBDIVISION LOT BLOCK FRONTAGE A N AO LINE COST LEAD COST CREDITS ASSESSMENT 1 267.001 James 6 Kim Bruhn 420 Campbell Lake Hutchinson, MN 55350 Woodridge Addition 1 1 1,060.04 Kevin R. 8 C. Compton 520 School Road No. 35-117-30-16-0310 Hutchinson, MN 55350 Woodridge Addition 2 1 1,060.04 Patrick Mikulecky 46 Main St. So. 35-117-30-16-0320 Hutchinson MN 55350 Woodridge Addition 3 1 1,060.04 267-004 Richard 8 Margaret Westlund 719 Shady Ridge Road 35-117-30-16-0330 Hutchinson MN 55350 Woodridge Addition 4 1 1.060.04 5 6 -0050 Richard S Christine Kjonaas 1360 Hilltop Lane 35-117-30-16-0340 Hutchinson MN 55350 Woodridge Addition S 1 1 060 04 6 267-0060 Rick Abeln 505 School Road No. 35-117-30-16-0350 Hutchinson MN SS350 Woodridge Addition 6 1 1.060.04 267-0070 David Radloff 1210 Bradford St. 3S-117-30-16-0360 Hutchinson MN 55350 Woodrid a Addition 1 2 1,060.04 Total rrinelpal... Total Interest.... Grand Totals...... Computed Bya E. ANDERSON WOODRIDGE ADDITION SERVICE LEAD a Checked Bys C. RICE BITUMINOUS SURFACING A APPURTENANCES No. YRS. SPREAD a 10 (SUPPLEMENTAL AGREEMENT TO PROJECT NO. 87-09) UNIT USED a PER LOT ASSESSMENT ROLL NO. ACCT. PARCEL con NAME A ADDRESS ADDITION OR SERVICE TOTAL NO. N0. OF OWNER SUBDIVISION LOT BLOCK FRONTAGE LINE COST LEAD COST CREDITS ASSESSMENT 267.008 Joe 8 Roseanne Maser 415 Campbell Lane 35-117-30-16-0370 Hutchinson MN 55350 Woodridge Addition 2 2 1 060.04 9 . Patrick Mikulecky 46 Main St. So. 35-117-30-16-0380 Hutchinson MN 55350 Woodridge Addition 3 2 1 060 OS City of Hutchinson 37 Washington Ave. West Hutchinson MN 55350 0.04 SUPPLEMENTAL AGREEMENT TO PROJECT NO. 87-09 Construction Cost 9,650.00 Credit for Cost Not Incurred (11830.00) on Project No. 87-09, but assessed on Roll No. 22 City Expense 1,720.40 9,540.40 Total Principal... Total Interest.... Grand Totals...... S 9_S40.40 RESOLUTION 90. 8542 RESOLUTION APPROVING PLANS ANS SPECIFICATIONS AND • ORDERING DIRECT NEGOTIATION FOR THE IMPROVEKENT PROTECT NO. 87-35 (Supp. Agmt. - Proj. No. 87-09) WHEREAS, pursuant to a resolution passed by the Council an May 12th, 1987, the City Engineer has prepared plans and specifications for the improvement of Hilltop Lane and Campbell Lane in Woodridge Addition by the construction of Bituminous Surfacing and Appurtenances; and WHEREAS, the estimated cost of such improvement does not exceed 1159000; NON, THBAEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, HIMM9OTAs 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator is hereby authorised and directed to negotiate for the improvement of Hilltop Lane and Campbell Lane in Woodridge Addition by construction of Bituminous Surfacing and Appurtenances, in accordance with the plans and specifications herein approved. Adopted by the Council this 26th day of May, 1987. Mayor City Administrator • • RESOLUTION N0. 8543 • RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 233 PROJECT N0. 67_35 (Supp, Agmt. - Proj. No. 87-09) WHEREAS, cost has been determined for the improvement of Hilltop Lane and Campbell Lane in Woodridge Addition by the construction of Bituminous Surfacing and Appurtenanoes, and the bid price for such improvement is $7,820.00, and the expenses incurred or to be incurred in the making of such improvement amount to $1,720.40, so that the total cost of the improvement will be $9,540.40. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.04, and the portion of the cost to be assessed against benefited property owners is declared to be $9,540.36. 2. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affeoted, without regard to cash valuation, as provided by law, and • be shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 26th day of May, 1987. City Clerk E Mayor RESOLUTION N0. 8544 . 1SSB3198zNT ROLL NO. 233 PROJECT NO. 87-35 (Supp. A¢t. - Pro). No. 87-09) WHEREAS, by a resolution passed by the Council on the 26th. day of May, 1987, the City Clerk was directed to prepare a proposed assessment of the cost of improving Hilltop Lane and Campbell Lane in Woodridge Addition by the construction of Bituminous Surfacing and Appurtenances; and WHEREAS, the Clerk, has notified the Council that such proposed assessment has been completed and filed in his office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 23rd day of June, 1987, in the Council Chambers at City Ball at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the • total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Adopted by the Council this 26th day of May, 1987. Mayor City Administrator 0 APPLICATION FOR • PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 2" x 2" Picture required Now many days? NAME and DRIVER'S LICENSE INFORMATION NAME:_ PERMANENT ADDRESS: C� ib / L, PERMANENT TELEPHONE: G i� � TEMPORARY LOCAL ADDRESS: TEMPORARY TELEPHONE ACCESS:_ DRIVER'S LICENSE NUMBER (STATE)LVOAlf-(fj HEIGHT WEIGHT_2/0 'EYE COLOR �ilC FEES & LENGTH OF PERMIT REQUESTED Months? Or year? • LICENSE FEES ARE AS FOLLOWS: 0 Application Fee of $25 applied towards the following permit fee(s) Solicitors, per day ......... :.............................. $ 25.00 Solicitors, per year ....................................... $200.00 Transient Merchants, per day ............................... $ 25.00 Transient Merchants, per year .............................. $200.00 Peddlers, per day .......................................... $ 25.00 Peddlers, per year ......................................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF gD4Y�' MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED:IVP.cu k6 L75a l(� DESCRIBE METHOD OF DELIVERY: Q '� �A e Q SC4 e DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER: CAI-olrN i`AAL)i�e rrce�s �- Nc- 2123 PROVIDE TWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME 5 ADDRESS: NAME & ADDRESS: PHONE NUMBER: PHONE NUMBER: STATE LAST CITY YOU CARRIED ON SANE ACTIVITY: CITY/STATE NAME: DATE OF ACTIVITY: c -2- (C)1ay5 11 I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* • I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $500 or by imprisonment fo a perio not exceeding 90 days or both, plus, in either case, the costs of pro cut on. Signature of icant Date 1] • * No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE POLICE CHIEF RECOMMENDATION: 4-S iA RP_sc,c T O "r7 s4 -3- RELEASE OF INFORMATION E As an applicant for a Peddlers/Solicitors/Transient Merchants Lioense from the City of Hutchinson, Minnesota, I am required to furnish information which that agency may use in determining my moral, physical, mental and financial qua lifica- tions. In this connection, I hereby expressly authorize release of any and all in- formation which you may have concerning me, including information of a confidential or privileged nature. I hereby release the agency with which I as seeking application for license, and any organization, company or person furnishing information to that agency as expressly authorized above,. from any liability for damage which may result from furnishing the information requested. Applicant's Poll Printed Name: Applicant's Address: Applicant's Birth Date: Applicant's Place of Birth: Applicant's Social Security I Applicant's Driver's License Date: 5-jtl s 0 L L S(« Ir? I -- ------�- 1 1�a,` —deo- i X3-Nom_.%��Lzse_ti�� I WoLku (1t2 +b }AIA At, AMC (612)587-5151 /TY OF HUTCHINSON VASHINGTON AVENUE WEST :HINSON, MINN. 55350 M E M 0 DATE: May 18, 1987 TO: Mayor and City Council FROM: Director of Engineering RE: Petition for Sanitary Sewer to Serve Oakwood Lane A petition and a letter were submitted to this department concerning sanitary sewer on Oakwood Lane. The sewer and sewer service lines on Oakwood Lane itself, were constructed and assessed in 1983, prior to permanent street improvements. However, the sewer ends on the easterly side of Golf Course Road (C.R. 12) and does not outlet into the City's sewer system. Homes on Oakwood Lane have not, therefore, been allowed to connect to the sanitary sewer line. • Apparently, some of the home owners are now experiencing problems with their septic systems and are requesting that the City's sewer system be completed so that they may connect to the City's system. To accomplish this, sanitary sewer must be installed on the easterly side of Golf Course Road from the i.nplace sewer about 300 feet south of County Road 76 to Oakwood Lane, a distance of approximately 1100 feet. A complete gravity sewer system would thus be provided. Attached for your consideration is a Resolution Ordering Preparation of Engineer's Report. Respectfully submitted, EA/PV attachments 11 CITY OF HUTCHINSON l l/Y�6LY/ Eu en�nde rson al g Director of Engineering Resolution No. 8537 RESOLUTION DECLARING ADEQUACY OF PETITION AND • ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 87-36 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A certain petition requesting the improvement of Golf Course Road (C.R. 12) from 300' South of C.R. 76 to Oakwood Lane by the installation of Sanitary Sewer and Appurtenances, filed with the Council on May 26th, 1987, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Eugene Anderson, Director of Engineering, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way, as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated -cost of the improvement as recommended. Adopted by the Council this 26th day of May, 1987. Mayor City Administrator L� L 1] May 7, 1987 Eugene Anderson City Engineer 37 Washington Ave. W. Hutchinson, M. 55350 REALTY WORLD• — Fahey Sales Agency, Inc. 218 North Main, PA. Box 370, Hutchinson, MN 55350 Telephone: (812) 587-3510 Dear Mr. Anderson; I am Writing to you in regards to the city sewer system that is not completed in the Oakwood Lane Addition to the City of Hutchinson. Our firm marketed and sold the home located at 1200 Oakwood Lane, legal description, Lot 5, Block 1 Oakwood Addition on May 1, 1987 to Lyndon and Donna Gernand. At the time the property was listed we were told by the City that city sewer was in and the cost was assessed to all the homeowners in that area. Now we find out that although it would be possible to connect the sewer at the house the city did rat complete the hookup to the city sewer line itself. 7he new owners are requesting that they be able to connect with the city and no longer use the private septic system on their preppy It is imperative that the City complete this project as soon as possible and no later than the fall of 1987. 'Thank you for your consideration in this matter and please give me a call if you have any further questions. Respectfully, Janet Kilian, Manager REALTY WORLD - Fahey MLS WE REEYLTE PEOPLE: — Eacnofficemdepe,Wendt' owned and OW81 d REQUEST FOR IMPROVEMENT 'BY _$ OWNERS _ pp DATED:T7 TO THE COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: We, the undersigned, being _ t of the owners of the real property affected by improvement(s) herein designated, respectfully petition your honorable body to make the following improvement(s) pursuant to Minnesota Statute 429: Construction of Sanitary Sewer and Appurtenances; on the following streets or rights-of-way: Golf Course Road from 300' South of County Road 76 to Oakwood Lane; The undersigned request that, since parcels abutting Oakwood Lane have previously been assessed for Sanitary Sewer, no assessments be levied on the, �e 4t='Zng Oakwood for t else petitioned improvements.�^^� "W.c OWNER/P OP RTY DESCRIPTION • At 3 I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addressed of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed. To my best knowledge the persons herein names are all the owners of the properties affected by the petitioned improvement. BY: TITLE ti 10 Ip•1j t1 z • ' ! • OAKWOOD p •••.•• Iss.Is _ O ADD. 2 7 Y p•as S • s � rim --- -- --- — Ih P l a.re, LL �iTwt'r • SP.�J� i i me a ��roo1� sa,n��y 1 Sewu- j mss• \ s. • RESOLUTION NO. 8532 RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO CITIZENS BANK & TRUST CO. OF HUTCHINSON, MINNESOTA WHEREAS, Citizens Bank & Trust Co. of Hutchinson, a duly designated depository of the City, has requested the release of the following securities: PLEDGE NO. DESCRIPTION MATURITY AMOUNT 9518 Federal Natl. Mortgage Assn. 06-10-87 $200,000.00 which have heretofore been pledged as collateral security for the account of the City with such depository. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • THAT the City Treasurer is hereby authorized to release and return to said depository the securities requested. Adopted by the City Council this 26th day of May, 1987. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Clerk CNIMn=E NO. 3/87 1 11 1 w 0 1 .-@)-#t t 11 I.I.1 1 _1P I I t iii AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODB: PROVIDING FOR IT'S ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, OONTERSICN9 OCCUPANCl, XXIPMEN 9 USS, HEIGHT, AREA AND NAWZXANC2 CMS ALL BUILDINGS AND/OR STRUCTURES IN TBE CITY OF BUTCRINSON: MMM P= TBE ISBBAMCE OF PERMITS AND COLLECTION[ OF FEES THEREFORE; PROVIDIMG PENALTIES FOR TO VIOLATION THEREOF: REPEALING ORDINANCE NO. 716 OF THE CITI OF BUTCHIN90N AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT TBERENITR. The City Council of the City of Hutchinson does ordain as follows: Section 1. Building Code. The Minnesota State Building Code, established pursuant to Mn. Stats. 16B.59 through 16B.73, one copy of which is on file in the office of the City Clerk of Butohinson/ is hereby adopted as the building code for the City of Hutchinson. Such code is hereby incorporated in this ordinance as completely as if set out in full. A. Administration required. The 1987 Edition of the State Building Code effective 2/17/87 adopts by referenoe the following *odes, which wast be administered by any municipality: (1.) Chapter 1300 - Code Administration. • (2.) Chapter 1305 - Adoption of 1985 Uniform Building Code by Reference. a. Required Provisions - UBC Appendix Chapter 35. (3.) Chapter 1315 - Electrical Code. (4.) Chapter 1320 - Elevators and Related Machines. (5.) Chapter 1325 - Solar Energy Systems. (6.) Chapter 1330 - Technical Requirements for Fallout Shelters. (7.) Chapter 1335 - Flood Proofing Regulation (when required). (8.) Chapter 1340 - Facilities for the Hancicapped. (9.) Chapter 1345 - Minnesota Heating, Ventilating, Air Conditioning, and Refrigeration Code. (10.) Chapter 1350 - Manufactured Homes. (11.) Chapter 1355 - Plumbing Code. (12.) Chapter 1360 - Prefabricated Structures. (13.) Chapter 1365 - Variation of Snow Loads. • (14.) Chapter 4215 - Model Energy Code Amendments. 7,A OS=A= 90. 3/87 •. PM E Section 2. Organisation and Enforcement. The organisation of the . Building Department and enforcement of the Code shall be as established by Chapter 2 of the Uniform Building Code 1985 Edition. the Code shall be enforced within the incorporated limits of the City, and eztraterritorial limits permitted by Minnesota Statutes, 1984. The Building Departswmt shall be the Building Code Department of the City of Hutchinson. The Administrative Authority shall be a State Certified "Building Official". The Appointing Authority shall designate the Building Official for the jurisdiction of the City of Hutchinson. Section 3. A. Permits, Inspections and Fees. Permits, inspections and collection of fees shall be as provided in Chapter 3 of the Uniform Building Code, 1982 Edition. B. Surcharge. In addition to the permit fee required by item A above, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B.70. Section 4. Violations and Penalties. (The penalty described in the Uniform Building Code, 1982 Edition, Section 205 as amended shall be in • keeping with Minnesota Statutes 609.033 - 609.034 which provides for a maximum fine of $700.) Section 5. Effective Date of Ordinance. The effective date of this Ordinance is upon publication Adopted by the City Council this 26th day of May , 1987: Mayor City Clerk n U DAVIDE R.CARD MIC CHARLES R. La RMIC RAEL MIG NACL B. LaRANON OARY D. MCDOKELL PAYE KNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON DANICLJ. BERENS STEVEN S. NOOK LAURA K. FRETLAND CHARLES L NAIL. JR. DAVID A. BRUE04SMANN JOSEPH M. PAIEMENT May 12, 1987 A wOLD & MCDOWELL ATTORNEYS AT LAW tot PARK PIACE HUTCHINSON.MINNESOTA 55350 (BIP) 587.7575 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Gary Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Seat CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612)545-e000 MN TOLL FREE 800.543.4545 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (012)350-2214 714 TENTH STREET EAST OLENCOE. MINNESOTA 5533e (612) 664.6111 ox lyd7 Re: Water Carnival Our File No. 3188-87-0001 • Dear Gary: I would appreciate it if you would.place on the agenda for May 26 the subject of the City's contribution to the Jaycee Water Carnival. I have some additional thoughts on that subject and I believe further discussion would be helpful. Thank you. Very truly yours, ARNOLD X DOWELL E G. Barry Anderson GBA:lm • a • RESOLUTION NO. 8548 WHEREAS, the Hutchinson Jaycees, Inc. have sponsored the Jaycee Water Carnival in the City of Hutchinson for many years; and WHEREAS, the Water Carnival is a valuable attraction and event to the residents of the City of Hutchinson; and WHEREAS, the Water Carnival is a significant inducement to residents of surrounding communities to visit the City of Hutchinson; and WHEREAS, the Hutchinson Jaycees, Inc., sponsors of the Water Carnival, have requested that the City of Hutchinson make a one time only $1,000 general donation to help defray expenses associated with the Water Carnival in the same manner in which area businesses and residents also make similar contributions to defray these expenses; NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Hutchinson authorizes disbursement of $1,000 to the Hutchinson Jaycee Water Carnival for use in defraying general expenses associated with the carnival and not in sponsorship or promotion of any specific event associated with • the carnival. 2. That the authorization and expenditure of the funds described above is not intended to and does not set any precedent for future,.years in which the Water Carnival is held. Adopted by the City Council this 26th day of May, 1987. Attest: Gary D. Plotz, City Clerk • Paul L. Ackland, Mayor Airff (612) 587-5151 rr�trH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: May 20, 1987 TO: Mayor and City Council FROM: Fire Marshal RE: Demolition and Removal Bids 239 - 5th Avenue S.N. Attached is the Bid Tab on the above -referenced demolition. I recommend approval of Diamond 5 Wrecking with a bid of $1,500.00. It is my intention, with the approval of the City Attorney, Barry Anderson, to video tape the house, including the interior. This would be done for the purpose of protecting the City, if any further action were to be brought by • the owner, Mr. Klockman, such as to claims to the value of items stored within the house. Items that the Court has allowed Mr. Klockman ten (10) days to remove. This ten (10) day time period has expired I believe. We must also consider the 2nd Avenue S.K. Detour to 5th Avenue S.N.. With increased traffic due to this detour, demolition any have to be delayed. ge F. field Fire Marshal GFF/pv attachment cc: Barry Anderson, City Attorney Orlin Henke, Fire Chief Eugene Anderson, Dir. of Engineering 0 BID TABULATION CITY OF HUTCHINSON PROJECT Demolition & Removal of Structure DATE May 20, 1987 - 2:00 P.M. BIDDER SURETY AMOUNT DELIVERY Juul Contracting Co. P.O. Box 189 Hutchinson X $3450 Don Rettman Darwin, MN % 1675 Yj�oa 17W1efiufc�inson x 1500 n U 0 11 CITY #'HUTCHINSON -COMMERCIAC'CONTAINERS Pne6ent Rate Paopo6ed Rate 1-yoAd $32.20 $35.20 1'j-yaAd $37.20 $40.20 2 -yard $42.20 $45.20 3 -yard $47.20 $50.20 4 -yard $52.20 $55.20 6 -yard $67.20 $70.20 8 -yard $82.20 $85.20 S ,t �p,�y TT f • ~ ' i W May 20, 1987 Honoxable Mayox and City Councit 04 flutch.in6on, M.inne6ota Re: Commexci.at and Rea.identiraZ Gaxbage Rateb Dean Siu : Due to the ni.e.i.ng eo6t6 .in the xe6u6e .indaztycy we axe xeapectbuety xeque6t.ing a $3.00 pec month pet taidentiat bitting .tnenea6e, . ebbeetive Joey 1, 1987. Thi6 .ineJ we xeque6t .i.6 -indu6.ive ob the automatic $2.40 pec yv:d .cneeea6e to Junhec Sanitation Secviee bxom Mcleod County Sandtaxy Landjitt that became ebbeeti.ve on Apx'i.Z i, 1987. • we axe aZ6o xeque6ting an $3.00 pec month .enexea6e pec eontainex on the eonmexciae aecount6. Attached ptea6e ji.nd a 6chedute o6 the otd and the p2opozed new xate6 bon 6aid commexci.at containex6. Thanking you .in advance box youx con6.i.dexati.on to the above 6ubject. S i ncece.t y, --- Jame.6 L. Junfzec, Pxe6.i.dent enctobuxe "Your Garbologisc" LJ r_, __ _ rcnon a4n A'Vf_74.1r,- (612) 587-5151 7 C;iY OF FUTCH/NSON J, V ASi4h !GT0N AVENUE WEST M E M O R A N D U M DATE: May 26, 1987 TO: _ _ LgYgr 6 City_Council FROM: Water Billing Department ------------------------------ SUBJECT: _ _ DelinquentAccounts for the month of May_ _ _ _ _ Attached is a listing of the delinquent water, sewer and refuse accounts for the month of May. Recommend water service be discontinued on Monday, June 1, 1987 at Noon. • James Lanie Tim Koster Sharon Sauter 485 Kouwe St 441 Main St N 877 Main St N Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 485 Kouwe St 441 Main St N 877 Main St N 3-600-0485-021 3-680-0441-082 3-680-0877-011 105.03 67.15 63.70 cc: Bruce Crosby 879 Main St N. Hutchinson MN 55350 Promises 5/29 Zrust (Alfred J Rossi) Gauger (c/o Evelyn Heidecker) J Deragon 4900 West 38th St Northview Ct 540 Mo oe St St Louis Pk MN 55416 Hutchinson MN 55350 Hutchins n 55350 4 Monroe St 516 Monroe St S 540 Mo St 3-735-0004-021 3-735-0516-034 3-7 -0540- 1 179.15 38.78 1 .80 ,,Jeraldine Elliot W90 Monroe St S Hutchinson MN 55350 590 Monroe St 3-135-0590-021 74.04 c..t , Beth Luepke 145 1st Av NE Hutchinson MN 55350 145 1st Av NE 1-005-0145-092 60.90 cc: Dan Mattson Dassel MN 55325 Promisesa $10.00 6/01 Promises $50.90 6/15 Miles Willhite 136 11th Av NE Hutchinson MN 55350 136 11th Av NE 3-130-0136-041 139.47 Randy Cassens 498 Connecticut St Hutchinson MN 55350 498 Connecticut St 3-340-0498-021 98.14 Pamela Schultz 536 Erie St S Hutchinson MN 55350 536 Erie St S 3-380-0536-072 39.59 Promises 5/29 Vince Jahner 712 Hilltop Or Hutchinson MN 55350 712 Hilltop Or 3-530-0712-021 217.80 cc: James Schlagel Buffalo Lake Mn 55314 Shari Crouse 516 Franklin St S Hutchinson MN 55350 635 Franklin St S 1-395-0635-041 74.32 CC: VFW 247 1st Av SE Hutchinson MN 55350 William Lueck 346 Adams St S Hutchinson MN 346 Adams St S 3-210-0346-031 94.70 Thomas Brown 614 Elm St Hutchinson Mn 614 Elm St 3-375-0614-091 108.48 Mike Shoutz 605 Third Av SE Hutchinson MN 55350 605 Third Av SE 3-045-0605-006 139.47 cc: Stan Koci 525 4th Ave SW Hutchinson MN 55350 Dave Papke 570 Adams St S 55350 Hutchinson MN 55350 570 Adams St S 3-210-0570-003 70.59 cc: Bernard Rappa 10274 Kismet Ln Stillwater Mn 55082 David Freud 405 Erie St 55350 Hutchinson MN 55350 405 Erie St 3-380-0405-051 160.14 John Griffiths 455 Glen St N Hutchinson MN 55350 455 Glen St N 3-415-0455-035 67.15 cc: Holtz 8 Kaping 425 California St Hutchinson MN 55350 Mike Lerdahl 833 Hilltop Or Hutchinson MN 833 Hilltop Or 3-530-0833-061 118.81 Promises 6/05 James Christensen 534 E Highland Pk Or Hutchinson MN 55350 534 E Highland Pk Or 3-495-0534-012 122.32 Promises 5/26 Brian Midtling 430 Kouwe St 55350 Hutchinson MN 55350 430 Kouwe St 3-600-0430-085 61.92 Promises 5/28 0 • • BID FORM • The City Council May 26, 1987 Hutchinson, Minnesota RE: $1,200,000 G. 0. Improvement Bonds of 1987 DATED: June 1, 1987 For all or none of the above bonds, in accordance with the Terms and Conditions of Sale, we will pay you $. )Rt/ k/pn (-To, (not less than $1,178,000) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: S- �s' % due 1989 (�_% due 1994 5".5b % due 1990 4., 4 % due 1995 S 7S % due 1991 (, G, % due 1996 4;.4n % due 1992 /,.a % due 1997 -6 &o % due 1993 7 0 % due 1998 We enclose our good faith deposit in the amount of $24,000, to be held by you pending delivery and payment. If our bid is not accepted, said deposit is to be promptly returned. This bid is for prompt acceptance and is conditional upon delivery of said bonds to us or to a named registrar within 40 days from date hereof, or thereafter at our option. The bonds shall be fully registrable as to principal and interest and the City will select the registrar/paying agent and pay the customary charges. • Respectfully submitted, Account Manager:First Bank Minneapolis By: ACCOUNT MEMBERS: Julie Harry, A.V.P. The foregoing offer is hereby accepted by and on behalf of the City Council of the Hutchinson, Minnesota this day of May, 1987. Attest: By: Title: Title: According to our computations (the correct computation being controlling in the award), the total net interest cost of the above bid is $ SS`s) !(�_ cR� and the average net effective interest rate is %. • Good faith deposit received (for return to unsuccessful bidder) BID FORM The City Council May 26, 1987 • Hutchinson, Minnesota , RE: $5,975,000 G. 0. Wastewater Treatment Bonds of 1987 DATED: June 1, 1987 For all or none of the above bonds, in accordance with the Terms and Conditions of Sale, we will pay you $ ,� Q� ���r (not less than $5,870,000) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: % due 1989 % due 1990 due 1991 due 1992 % due 1993 �% due 1994 4.- % due 1995 (Q�_X due 1996 % due 1997 due 1998 7 4X due 1999 7 / % due 2000 _X due 2001 7 2 % due 2002 b X due 2003 We enclose our good faith deposit in the amount of $119,500, to be held by you pending delivery and payment. If our bid is not accepted, said deposit is to be promptly returned. This bid is for prompt acceptance and is conditional upon delivery of said bonds to us or to a named registrar within 40 days from date hereof, or thereafter at our option. The bonds shall be fully registrable as to principal and interest and the City will select the registrar/paying agent and pay the customary charges. Respectfully submitted, Account Manager:By: ,vovE.r TJPUBT ACCOUNT MEMBERS: • The foregoing offer is hereby accepted by and on behalf of the City Council of the Hutchinson, Minnesota this day of May, 1987. Attest: By: Title: Title: According to our computations (the correct computation bein controlling in the award), the total net interest cost of the above bid is ' and the average net effective interest rate is 7463? %. Good faith deposit received (for return to unsuccessful bidder) LJ • BID SUMMARY SHEET $5,975.000 G. O. Wastewater Treatment Bonds of 1987 City of Hutchinson, Minnesota SALE: Tuesday, May 26. 1987 BID OPENING: 2:00 o'clock p.m.. C.T. AWARD: 7:30 o'clock p.m., C.T. Account Manager: CLAYTON BROWN & ASSOCIATES, INC. BLUNT, ELLIS & LOEWI, INC. Account Members: Marcotte, Hume & Associates, Inc. Net Interest Cost: $ 4,494,465.76 Net Interest Rate: 7.1397 Bid Ranking: Account Manager: CRONIN & COMPANY, INC. MERRILL LYNCH CAPITAL MARKETS MARQUETTE BANK MINNEAPOLIS, N.A. EDWARD D. JONES & COMPANY Account Members: IN ASSOCIATION WITH - Account Manager: MILLER SECURITIES, INC. PAINEWEBBER, INC. Account Members: Net Interest Cost: $ 4,659,455.75 Net Interest Rate: 7.4018 Bid Ranking: 21318 EHLERS AND ASSOCIATES, INC. L Account Manager: FIRST BANK MINNEAPOLIS • FIRST BANK ST. PAUL Account Members: Allison -Williams Company Juran & Moody, Inc. Dougherty, Dawkins, Strand & Yost, Inc. Moore, Juran & Company, Inc. M.H. Novick & Company, Inc. Robert W. Baird & Company, Inc. IN ASSOCIATION WITH - Account Manager: NORWEST INVESTMENT SERVICES, INC. PIPER, JAFFRAY & HOPWOOD. INC. Account Members: E.F. Hutton & Company, Inc. Miller & Schroeder Financial, Inc. Peterson financial Corporation Summit Investment Corporation Dean Witter Reynolds, Inc. Net Interest Cost: $ 4,494,425.00 Net Interest Rate: 7.1396 Bid Ranking: • Account Manager: HARRIS TRUST & SAVINGS BANK BEAR, STEARNS & COMPANY, INC. DONALDSON, LUFKIN & JENRETTE SECURITIES CORPORATION Account Members: First Charlotte Corporation Net Interest Cost: $ 4,543,175.75 Net Interest Rate: 7.2171 Bid Ranking: Account Manager: MANUFACTURERS HANOVER TRUST COMPANY Account Members: Net Interest Cost: $ 4,471,923.75 Net Interest Rate: 7.1039 Bid Ranking: • t 0 Account Manager: PRUDENTIAL-BACHE SECURITIES, INC. SHEARSON LEHMAN BROTHERS, INC. SMITH BARNEY, HARRIS UPHAM & COMPANY, INC. DREXEL BURNHAM LAMBERT INC. Account Members: Net Interest Cost: $ 4,509,480.75 Net Interest Rate: 7.1635 Bid Ranking: Account Manager: Account Members: • Net Interest Cost: $ Net Interest Rate: Bid Ranking: Account Manager: Account Members: Net Interest Cost: $ Net Interest Rate: Account Manager: Account Members: Bid Ranking: 0 Net Interest Cost: $ Net Interest Rate: Bid Ranking: • BID SUMMARY SHEET $1,200,000 G. O. Improvement Bonds of 1987 City of Hutchinson, Minnesota SALE: Tuesday, May 26, 1987 BID OPENING: 2:00 o'clock p.m., C.T. AWARD: 7:30 o'clock p.m., C.T. Account Manager: CLAYTON BROWN & ASSOCIATES, INC. BLUNT, ELLIS & LOEWI, INC. Account Members: Marcotte, Hume & Associates, Inc. Net Interest Cost: $556,117.50 Net Interest Rate: 6.70021 Bid Ranking: • Account Manager: CRONIN & COMPANY, INC. MERRILL LYNCH CAPITAL MARKETS MARQUETTE BANK MINNEAPOLIS, N.A. EDWARD D. JONES & COMPANY • Account Members: IN ASSOCIATION WITH - Account Manager: MILLER SECURITIES, INC. PAINEWEBBER, INC. Account Members: Net Interest Cost: $ 573,971.00 Net Interest Rate: 6.9153 Bid Ranking: 2131g EHLERS AND ASSOCIATES, INC. Account Manager: FIRST BANK MINNEAPOLIS FIRST BANK ST. PAUL Account Members: Allison -Williams Company Juran & Moody, Inc. Dougherty, Dawkins, Strand & Yost, Inc. Moore, Juran & Company, Inc. M.H. Novick & Company, Inc. Robert W. Baird & Company, Inc. IN ASSOCIATION WITH - Account Manager: NORWEST INVESTMENT SERVICES, INC. PIPER, JAFFRAY & HOPWOOD, INC. Account Members: E.F. Hutton & Company, Inc. Miller & Schroeder Financial, Inc. Peterson Financial Corporation Summit Investment Corporation Dean Witter Reynolds, Inc. 11 Net Interest Cost: $ 550,100.00 Net Interest Rate: 6.6277 Bid Ranking: • Account Manager: HARRIS TRUST & SAVINGS BANK BEAR, STEARNS & COMPANY, INC. DONALDSON, LUFKIN & JENRETTE SECURII IES CORPORATION Account Members: Net Interest Cost: Account Manager: Account Members: Net Interest Cost: First Charlotte Corporation 560,786.50 Net Interest Rate: 6.7564 Bid Ranking: MANUFACTURERS HANOVER TRUST COMPANY 551,970.25 Net Interest Rate: 6.6502 Bid Ranking: • • Account Manager: PRUDENTIAL-BACHE SECURITIES, INC. SHEARSON LEHMAN BROTHERS, INC. SM1T H BARNEY, HARRIS UPHAM & COMPANY, INC. DREXEL BURNHAM LAMBERT INC. Account Members: Net Interest Cost: $ 556,833.00 Net Interest Rate: 6.7088 Bid Ranking: Account Manager: Account Members: Net Interest Cost: $ _ Net Interest Rate: Bid Ranking: Account Manager: Account Members: Net Interest Cost: $ Net Interest Rate: Account Manager: . Account Members: Bid Ranking: Net Interest Cost: $ Net Interest Rate: Bid Ranking: • • CERTIFICATION OF MINUTES RELATING TO $1,200,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987 Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on May 26, 1987, at 7:30 o'clock p.m., in the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): 1 through 21 RESOLUTION NO 8546 RESOLUTION RELATING TO $1,200,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 26th day of May, 1987. • Gary D. Plotz City Administrator (SEAL) The City Administrator presented affidavits showing publication of the Notice of Sale of $1,200,000 General Obligation Improvement Bonds of 1987, of the City in the Hutchinson Leader, the official newspaper of the City, and in Finance and Commerce, as required by law and as directed by Resolution No. 8509 of the City Council adopted April 28, 1987. The affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475 and directed to be filed in the office of the City Administrator. It was reported that sealed bids had been received by the City prior to 11:00 A.M., Central Daylight Time for the purchase of the Bonds in accordance with the Notice of Sale and Terms and Conditions of Sale. The bids have been opened, read and tabulated, and the terms of each have been determined to be as follows: Name of Bidder Bid for Principal Interest Rates -2- Total Interest Cost -Net Average Rate 0 • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. 8546 RESOLUTION RELATING TO $1,200,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered various local improvement projects designated as Project Nos. (the Improvements), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429. The present estimated total cost of the Improvements is as follows: • Construction $ 872,000 Engineering 122,000 Contingency 80,000 Cost of Issuance 20,000 Capitalized Interest 82,000 Registration 2,000 • Subtotal $1,178,000 Discount 22,000 TOTAL $1,200,000 Pursuant to Resolution No. 8509 , this Council determined to issue and sell $1,200,000 principal amount of General Obligation Improvement Bonds of 1987, of the City (the Bonds) to defray the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $22,000 representing interest as provided in Minnesota Statutes, Section 475.56. -3- i 1.02. Sale of Bonds. Notice of the sale of the Bonds • was duly published as required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond Sale and the Terms and Conditions of Sale, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of (the Purchaser), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds. All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. • 1.04. Maturities. This Council finds and determines that the maturities of the Bonds, as set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments and ad valorem taxes to be levied for the cost of the Improvements. Section 2. Form of Bonds. 2.01. Form of Bonds. The Bonds shall be prepared in substantially the following form: • WE • (Face of Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT BOND OF 1987 Date of Rate Maturity Original Issue CUSIP June 1, 1987 SEE REVERSE FOR CERTAIN DEFINITIONS REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS • THE CITY OF HUTCHINSON, McLeod County, Minnesota (the City), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 1987, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of , , in 1 , as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. • Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. -5- This Bond shall not be valid or become obligatory for • any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Administrator and by a printed facsimile of the official seal of the City and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile Signature) (Facsimile Signature) City Administrator Mayor (Facsimile Seal) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the • Resolution mentioned within. By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $1,200,000 (the Bonds), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued to pay the cost of construction of local improvements in the City (the Improvements), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 1987 Improvement Bond Fund (the Fund) of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are insufficient therefor. The Bonds are • . issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 1989 through 1995 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 1996 through 1998 are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in inverse order of maturities and by lot, assigned in proportion to their principal amount, within any maturity, on June 1, 1995 and on any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be published in a daily or weekly periodical, published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the • remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. E The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. dC IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED • that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the Improvements and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than S% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation. The following abbreviations, when used in the • inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian..... in common (Gust) (Minor) TEN ENT -- as tenants by the entireties under Uniform Gifts to JT TEN -- as joint tenants Minors with right of survivorship and Act ...................... not as tenants in (State) common Additional abbreviations may also be used. • we • ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatsoever. Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. • 2.03. Form of Certificate. A certificate in substantially the following form shall appear on the reverse side of each Bond, following a copy of the text of the legal opinion of Bond Counsel: We certify that the above is a full, true and correct copy of the legal opinion rendered by Bond Counsel on the issue of Bonds of the City of Hutchinson which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile signature) (Facsimile signature) City Administrator Mayor Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds of 1987" and shall be payable primarily from the 1987 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on June 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue until • paid or duly called for redemption at the rates per annum shown • opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 1989 $ 100,000 1994 $ 125,000 1990 100,000 1995 125,000 1991 100,000 1996 125,000 1992 100,000 1997 150,000 1993 125,000 1998 150,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to December 1, 1987 in which case such Bond shall be dated as of June 1, 1987. The • interest on the Bonds shall be payable on June 1 and December 1 in each year, commencing December 1, 1987, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized • -10- • by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. when any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of • transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. r 1 U (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. -11- (h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints , as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a . contract with , as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator shall transmit to the Registrar from the 1987 Improvement Bond Fund described in Section 4.02 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. (a) Bonds maturing in the years 1989 through 1995 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1996 through 1998 shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in inverse order of maturities and, within any maturity, in $5,000 • -12- • principal amounts selected by the Registrar by lot, on June 1, 1995 and on any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City Administrator shall cause notice of the call for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, and shall be sealed with the official corporate seal of the City; provided that said signatures and the corporate seal may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of • any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authenti- cation on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. when the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions. 4.01. 1987 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "1987 Improvement Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by • the City Administrator separate and apart from all other funds -13- of the City. The City appropriates to the Construction Fund • (a) the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds set forth in Section 7 hereof. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 1987 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Administrator shall maintain a separate and special bookkeeping fund designated "1987 Improvement Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the • principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom and payment of any amount to be paid to the United States in accordance with Section 6.03 hereof. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by -14- • resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5%) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20%) of the cost of such Improvement. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the . is making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be payable in not more than installments, the first installment to be collectible with taxes during the year 198_, and that deferred installments shall bear interest at the rate of percent (_%) per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. n U 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: -15- Levy Collection . Year Year Amount 1987 1988 1988 1989 1989 1990 1990 1991 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 The foregoing tax levies are such that if collected in full they will produce at least five percent (5%) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledged. The full faith • and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the taxes and special assessments levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5%) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of . this resolution. -16- • n LJ Section 5. Defeasance. when all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Registration. Certi Statement ial 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or -17- agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The City further covenants and agrees that it will not use the proceeds of the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and applicable Treasury Regulations; to this end, the City shall: (a) maintain records identifying all "gross proceeds" attributable to the Bonds, the yield at which such gross proceeds are invested, any arbitrage profit derived therefrom (earnings in excess of the yield on the Bonds) and any earnings derived from the investment of such arbitrage profit; (b) make, or cause to be made as of December 31 of each year, the annual determinations of the amount, if any, of excess arbitrage required to be paid to the United • States; (c) pay, or cause to be paid, to the United States at least once every five years the amount, if any, which is required to be paid to the United States, including the last installment which shall be made no later than 60 days after the day on which the Bonds are paid in full; (d) not invest, or permit to be invested, "gross proceeds" in any acquired nonpurpose obligations so as to deflect arbitrage otherwise payable to the United States as a "prohibited payment" to a third party; (e) refrain from investing any "gross proceeds" allocable to the Bonds in acquired nonpurpose obligations at a yield greater than the yield on the Bonds to the extent such "gross proceeds" exceed in any bond year more than 150% of the debt service requirements for the Bonds in that year; and (f) retain all records of the annual determination of the foregoing amounts until six (6) years after the Bonds have been fully paid. • IE • The City reserves the right to amend the provisions of the preceding paragraph at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of the preceeding paragraph are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. 6.04. Investment of Money on Deposit in the Bond Fund. After June 1, 1995 the City Administrator shall ascertain monthly the amount on deposit in the Bond Fund. If after June 1, 1995 the amount on deposit therein ever exceeds by more than $60,000 the aggregate amount of principal and interest due and payable from the Bond Fund within the next succeeding 12 months, such excess shall be used to prepay and redeem Bonds or be invested at a yield less than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. If any additional bonds are ever issued and made payable from the Bond Fund, the dollar amount in the preceding sentence shall be changed to equal 5 percent of the aggregate original principal amount of the bonds of all series, including the Bonds, of which any bonds are then outstanding and payable therefrom. The City reserves the right to amend the provisions of this Section at any time, whether prior to or • after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. • 6.05. Arbitrage. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103.15 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. Section 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. -19- Section 6.07. Official Statement. The Official Statement relating to the Bonds, dated May 12, 1987, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City Administrator is hereby authorized and directed on the date of issuance and delivery of the Bonds to pay from the proceeds of the sale of the Bonds, deposited in the Construction Fund the fees and expenses of the following persons incurred in connection with the issuance of the Bonds up to the maximum amount set forth opposite the name of such person upon receipt by the City of a satisfactory statement therefor: Payee Ehlers & Associates, Inc. Minneapolis, Minnesota Moody's Investors Service, Inc. New York, New York Service Maximum Performed Amount Financial Consultant Rating of Bonds The claims of the above persons up to the maximum amount set forth opposite the name of such person is hereby approved and no further action of this Council shall be necessary in connection with the payment of such fees and expenses of issuance of the Bonds. Attest: ty Administrator (SEAL) -20- yor 0 • • • The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereofand the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. • • -21- • CERTIFICATION OF MINUTES RELATING TO $5,975,000 GENERAL OBLIGATION WASTEWATER TREATMENT BONDS OF 1987 Issuer: City of Hutchinson, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on May 26, 1987, at 7:30 o'clock P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (including): 1 through 19 RESOLUTION NO. 8547 RESOLUTION RELATING TO $5,975,000 GENERAL OBLIGATION WASTEWATER TREATMENT BONDS OF • 1987; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR • I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to tha obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. WITNESS my hand officially as such recording officer this 26th day of May, 1987. Gary D. Plotz City Administrator The City Administrator presented affidavits showing publication of the Notice of Sale of $5,975,000 General Obligation Wastewater Treatment Bonds of 1987, of the City in the Hutchinson Leader, the official newspaper of the City, and in Finance and Commerce, as required by law and as directed by Resolution No. 8508 of the City Council adopted April 28, 1987. The affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475 and directed to be filed in the office of the City Administrator. It was reported that sealed bids had been received by the City prior to 11:00 A.M., Central Daylight Time for the purchase of the Bonds in accordance with the Notice of Sale and Terms and Conditions of Sale. The bids have been opened, read and tabulated, and the terms of each have been determined to be as follows: Name of Bidder Bid for Principal Interest Rates -2- Total Interest Cost -Net Average Rate 40 • u • Member introduced the following resolution and moved its adoption: RESOLUTION NO. a47 RESOLUTION RELATING TO $5,975,000 GENERAL OBLIGATION WASTEWATER TREATMENT BONDS OF 1987; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council (the Council) of the City of Hutchinson, McLeod County, Minnesota (the City), as follows: Section 1. Authorization and Sale. 1.01. Authorization. The City owns and operates a waterworks plant and system and a sewage treatment plant and sanitary sewer system (the Utility). This Council, under the authority of Minnesota Statutes, Section 115.46 and Chapter 475, and pursuant to Resolution No. 8508 adopted on April 28, • 1987 determined that it is necessary and expedient for the City to issue and sell its General Obligation Wastewater Treatment Bonds of 1987 (the Bonds) in the principal amount of $5,975,000 to defray a portion of the City's share of the expense to be incurred and estimated to be incurred by the City in constructing a new wastewater treatment facility and acquiring and installing items of equipment therein, including every item of costs of the kinds authorized in Minnesota Statutes, Section 475.65, $105,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56. 1.02. Sale of Bonds. Notice of the sale of the Bonds was duly published as required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond Sale and the Terms and Conditions of Sale, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of , (the Purchaser), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and • directed to execute a contract on the part of the City for the -3- sale of the Bonds with the Purchaser. The good faith checks of • the unsuccessful bidders shall be returned forthwith. 1.03. Outstanding Bonds. The City has previously issued its $1,300,000 General Obligation Water and Wastewater Treatment Revenue Bonds, dated as of July 1, 1967 (hereinafter, the 1967 Bonds), under and pursuant to the provisions of a resolution duly adopted by this Council on May 22, 1967 (hereinafter, the 1967 Bond Resolution), its $900,000 General Obligation water and Sewer Revenue Bonds, dated as of May 1, 1969 (hereinafter, the 1969 Bonds), under and pursuant to the provisions of Resolution No. 2861 duly adopted by this Council on March 24, 1969, its $800,000 General Obligation Water and Sewer Revenue Bonds, dated as of November 1, 1971 (hereinafter, the 1971 Bonds), under and pursuant to the provisions of Resolution No. 4088 duly adopted by this Council on September 27, 1971, its $1,275,000 General Obligation Water Revenue Bonds of 1982, dated as of August 1, 1982 (hereinafter, the 1982 Bonds), under and pursuant to the provisions of Resolution No. 7243 duly adopted by this Council on August 10, 1982 and its $585,000 General Obligation Sewer Bonds of 1985, dated as of June 1, 1985 (hereinafter, the 1985 Bonds), under and pursuant to the provisions of Resolution No. 8060 duly adopted by this Council on June 11, 1985. The 1967 Bonds, the 1969 Bonds, the 1971 Bonds, the 1982 Bonds and the 1985 Bonds • are all general obligation bonds of the City payable primarily from net revenues of the Utility issued pursuant to the provisions of Minnesota Statutes, Section 444.075. The City has retained the right to issue additional revenue bonds payable on a parity with the pledge of net revenues for the payment of principal of, premium, if any, and interest on the 1967 Bonds, the 1969 Bonds, the 1971 Bonds, the 1982 Bonds and the 1985 Bonds. 1.04. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: • II'm • [Face of the Bonds] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON GENERAL OBLIGATION WASTEWATER TREATMENT BOND OF 1987 Date of Rate Maturity Original Issue CUSIP June 1, 1987 REGISTERED SEE REVERSE FOR OWNER: CERTAIN DEFINITIONS PRINCIPAL DOLLARS AMOUNT: • THE CITY OF HUTCHINSON, McLeod County, Minnesota (the City), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 1987, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft of , in as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. This Bond shall not be valid or become obligatory for • any purpose or be entitled to any security or benefit under the -5- Resolution until the Certificate of Authentication hereon shall • have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Administrator and by a printed facsimile of the official seal of the City and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile Signature) (Facsimile Signature) City Administrator Mayor (Facsimile Seal) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. • By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $5,975,000 (the Bonds), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date issued pursuant to a resolution adopted by the City Council on May 26, 1987 (the Resolution) to finance construction of a new wastewater treatment facility in the City and the acquisition and installation of equipment therein, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 115.46 and Chapter 475. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 1989 through 1995 are • payable on their respective stated maturity dates without • option of prior payment, but Bonds having stated maturity dates in the years 1996 through 2005 are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part, in inverse order of maturities and by lot, assigned in proportion to their principal amount, within any maturity, on June 1, 1995 and on any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be published in a daily or weekly periodical, published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond • Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. n LJ The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond, have been done, do exist, have happened -7- and have been performed in regular and due form, time and • manner as so required; that in and by the Resolution, the City has covenanted and agreed with the holders of the Bonds that it will impose and collect charges for the service, use and availability of its water and sewer utility at the times and in amounts required to produce net revenues adequate, to pay all principal of and interest on the Bonds and on all other bonds payable from net revenues of the water and sewer utility as such principal and interest respectively become due; that, if needed to pay such principal and interest, ad valorem taxes will be levied upon all taxable property in the City, without limitation as to rate or amount; and that this Bond, together with all other indebtedness of the City outstanding on the date hereof, and on the date of its actual issuance and delivery, does not exceed any charter, constitutional or statutory limitation of indebtedness. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian..... in common (Cust) (Minor) . TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts to Minors Act...................... (State) Additional abbreviations may also be used. • W -E • ASSIGNMENT E • FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatsoever. Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. Section 3. Bond Terms Execution and Delivery. 3.01. Maturities, In Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Wastewater Treatment Bonds of 1987." The Bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on June 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate 1989 $200,000 1990 225,000 1991 225,000 1992 250,000 1993 300,000 1994 325,000 1995 350,000 1996 375,000 1997 425,000 Year Amount Rate 1998 $450,000 1999 500,000 2000 525,000 2001 575,000 2002 600,000 2003 650,000 C� The Bonds shall be issuable only in fully registered • form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to December 1, 1987, in which case such Bond shall be dated as of June 1, 1987. The interest on the Bonds shall be payable on June 1 and December 1 in each year, commencing December 1, 1987, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: . (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new • -10- •Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all • other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or • indemnity in form, substance and amount satisfactory to it, -11- in which both the City and the Registrar shall be named as • obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints , as the initial Registrar. The Mayor and the City'Administrator are authorized to execute and deliver, on behalf of the City, a contract with , as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further, • order of this Council, the City Administrator shall transmit to the Registrar, moneys sufficient for the payment of all principal and interest then due pursuant to Section 4.01 hereof. 3.05. Redemption. Bonds maturing in the years 1989 through 1995 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1996 through 2005 shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in inverse order of maturities and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on June 1, 1995 and on any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City Administrator shall cause notice of the call for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. • -12- • 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, and shall be sealed with the official corporate seal of the City; provided that said signatures and the corporate seal may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the . • purchaser shall not be obligated to see to the application of the purchase price. Section 4. Maintenance of Accounts; Pledge of Water 4.01. Maintenance of Accounts and Covenants. The City shall continue to maintain separate water and Sewer Accounts within its Public Utility Fund, with separate subaccounts as provided in the 1967 Bond Resolution, including but not limited to the General Obligation water and Sewer Revenue Bond Account (hereinafter, the Account). This Council further covenants and agrees with the holders of the Bonds that it will keep and enforce the covenants and agreements set forth in the 1967 Bond Resolution. 4.02. Sufficiency of Net Revenues. it is determined that the estimated net revenues of the Utility will be sufficient to pay the principal of and interest on all bonds payable from the Account, including the 1967 Bonds, the 1969 Bonds, the 1971 Bonds, the 1982 Bonds, the 1985 Bonds and the Bonds. 4.03. Imposition of Charges; Additional Bonds. The • City hereby covenants and agrees with the holders from time to time of the Bonds that so long as any of the Bonds are -13- outstanding, the City will impose and collect reasonable • charges for the service, use and availability of the Utility to the City and its inhabitants according to schedules calculated to produce net revenues which, together with collections of special assessments, will be sufficient to pay all principal and interest when due on the 1967 Bonds, the 1969 Bonds, the 1971 Bonds, the 1982 Bonds, the 1985 Bonds and the Bonds, and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bonds and interest thereon; provided that nothing herein shall preclude the City from hereafter making further pledges and appropriations of net revenues of the Utility for the payment of additional obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Project will be sufficient, together with any other sources pledged to or projected to be used, for the payment of the Bonds and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made. 4.04. Full Faith and Credit Pledged. The full faith, credit and taxing power of the City are irrevocably pledged for the prompt and full payment of the principal of and interest on • the Bonds and on all other bonds made payable from the Account, and the Bonds shall be payable from the Account in accordance with the provisions and covenants contained in this resolution. If on October 1 in any year the sum of (i) the balance in the Account, plus (ii) the amount of net revenues of the Project is less than the amount of principal and interest payable from the Account through the end of the next calendar year, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to • -14- • any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 5. County Auditor Registration Certificatic of Proceedings Investment of Moneys Arbitrage, Official Statemnet and Fees. 5.01. County Auditor Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on his bond register and the taxes described in Section 4.02 hereof have been levied as required by law. • 5.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. • 5.03. Covenants. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986 (the Code), and the Treasury Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under the Code and the Regulations. -15- The City further covenants and agrees that it will not • use the proceeds of the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and applicable Treasury Regulations; to this end, the City shall: (a) maintain records identifying all "gross proceeds" attributable to the Bonds, the yield at which such gross proceeds are invested, any arbitrage profit derived therefrom (earnings in excess of the yield on the Bonds) and any earnings derived from the investment of such arbitrage profit; (b) make, or cause to be made as of December 31 of each year, the annual determinations of the amount, if any, of excess arbitrage required to be paid to the United States; (c) pay, or cause to be paid, to the United States at least once every five years the amount, if any, which is required to be paid to the United States, including the last installment which shall be made no later than 60 days after the day on which the Bonds are paid in full; (d) not invest, or permit to be invested, "gross . • proceeds" in any acquired nonpurpose obligations so as to deflect arbitrage otherwise payable to the United States as a "prohibited payment" to a third party; (e) refrain from investing any "gross proceeds" allocable to the Bonds in acquired nonpurpose obligations at a yield greater than the yield on the Bonds to the extent such "gross proceeds" exceed in any bond year more than 150% of the debt service requirements for the Bonds in that year; and (f) retain all records of the annual determination of the foregoing amounts until six (6) years after the Bonds have been fully paid. The City reserves the right to amend the provisions of the preceding paragraph at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of the preceeding paragraph are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. • -16- • 5.04. Arbitrage Certification. The Mayor and City Administrator, being the officers o£ the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser thereof a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103-15 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 5.05. Interest Disallowance. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. • • 5.06. Official Statement. The Official Statement relating to the Bonds, dated May 12, 1987, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 5.07. Authorization of Receipt of Bond Proceeds Payment of Certain Costs of issuance or cne Dunu�. u+= Registrar is hereby authorized and directed, on the date of issuance and delivery of the Bonds, to receive the Bond proceeds and to pay from such proceeds the fees and expenses of the following persons in the following amounts incurred in connection with the issuance of the Bonds upon receipt by the Registrar of a statement therefor: Payee Ehlers and Associates, Inc Minneapolis, Minnesota Moody's Investors Service, Inc New York, New York Service Performed Financial Consultant Rating of Bonds -17- Amount The claims of the above persons in the amounts set forth • opposite the names of such persons are hereby approved and no further action of this Council shall be necessary in connection with the payment of such fees and expenses of issuance of the Bonds. The Registrar shall transfer the remaining Bond proceeds to, or at the direction of, the City. Attest: City Administrator II =- Mayor • • • The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, whose signature was attested by the City Administrator. • • -19- (612) 587-5151 yLacy' C/T Y OF HUTCHINSON 37 'WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: May 20, 1987 TO: MAYOR AND CITY COUNCIL —-------------————— ————— ——— — — — FROM: YDTOR POOL - DOUG MEIER _________________ SUBJECT: — REgUEST AUTHORIZATION TO WRITE SPECIFICATIONS AND SOLICIT BIDS Request authorization to write specifications and solicit bids for the • replacement of a pickup trick for the Water Department. This vehicle will be purchased through the Water Department's enter -prize fund. The replacement to be requested will be a new 1987 or newer 1/2 ton full size pickup truck. This vehicle was approved for replacement by the council when the 1987 budget was established. This will be the last vehicle replaced this year. DM/pl 0 (612) 587-5151 Harty' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: May 11, 1987 TO: MAYOR AND CITY COUNCIL _ _ _ _ _ _ _ _ _ _ _ _ _ _ FRAM;_ MOTOR POOL_ _ DOUG MEIER --------------------------- SUBJECT: REPAINTING OF POLICE UNIT # 4 --------------------------- The_____________ The repainting of Police Unit #4 will mean squad car color uniformity through out the Police Department. Estimates were received from: • Hutch Auto Body - $1,184.00 Brad's Body Shop - 1,116.00 California Auto Body - 1,050.00 Myron Wigen Chev. Co. - 842.00 Plowman's Inc. - 815.00 Wigen's and Plowman's have indicated a small extra charge should the wheels need repainting. It is my recommendation that Plowman's be awarded the job of repainting Unit #4 for $815.00. • 9-F (612) 587-5151 H�rcH' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE (WEST % HUTCHINSON. MINN. 55350 • • MEMORANDUM DATE: Mav 19. 1987 TO: MAYOR & CITY COUNCIL — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — FROM: —Motor Pool_ Do Ieier. ———— ——————— — — — — — — SUBJECT: — REPAINT POLICE UNIT #6 — — — — — — — — — — — — — — — — — The repainting of unit #6, a 1981 Chevrolet 1/2 Ton Pick-up, is necessary to pro -long the life of the unit. This also provides an excellent opportunity to change the color to the new adopted light blue color. The color of this unit at present is the same as the old squad cars. Estimates to repaint the complete unit the same color as new squads or to paint only those areas that are rusting or need body repair are as follows: Company Wigen Chevrolet Co. Plowman's Brad's Body Shop California Auto Body Hutch Auto Body I recommend that Wigen Chevrolet be awarded the job of repainting the entire unit for $930.00 because they are low bidder and I also recommend the entire unit be painted because the dollars are relatively close. The repainting of entire unit would greatly enhance the appearance of this vehicle. PM/pl q -G Repair/Repaint Repair only entire unit $ 676.00 $ 930.00 768.80 1,221.80 1,136.00 1,318.00 1,085.00 1,290.00 1,010.00 1,226.00 I recommend that Wigen Chevrolet be awarded the job of repainting the entire unit for $930.00 because they are low bidder and I also recommend the entire unit be painted because the dollars are relatively close. The repainting of entire unit would greatly enhance the appearance of this vehicle. PM/pl q -G .1. (612) 6x7.6161 ff ITY Of HUTCHINSON •WASHINGTON AVENUE WEST CH/NSON, MINN. 55350 MEMO DATE: May 20, 1987 T0: Mayor and City Council FRDM: Director of Engineering BE: Additional Watermain Improvements on the Relief Sanitary Sewer Project The referenced project being constructed in conjunction with the wastewater treatment facility, has been constructed on 4th Avenue S.K. from Main St. to Grove Street; on Grove Street from 4th Avenue S.W. to 2nd Avenue S.W. and on 2od Avenue S.W. from Grove St. to Dale Street. inplace watermains along the route are substandard in size and are about 50 years old. Their capacity during a fire or other peak flow situation is highly questionable. We recommend that, while the streets are disturbed for sewer oonstruotion, it • would be economical to replace most of the watermains along the route of the sewer project. The attached drawing shows the proposed pipe sizes and watermain reconstruction. Now watermains would be of modern materials, more durable than that of existing mains. They would, also, be sized to enhance system reliability. Our estimate for the proposed construction is $210,000 , and when City Reposes is isolmded the total estimated cost is 5256,200 The cost would be entirely City Cost. We request authorization to proceed with negotiating with the Contractor on the sewer project to obtain unit prices for the proposed additional work, after which a Supplemental Agreement to the project would be prepared and submitted for Council approval. EA/pv Attachment 0 Respectfully %submitted. Eugeng Anderson 1 Director of Engineering i lwi • L _ _Ljo4.. II Sr 4' �) 4" fi6 INWOEN AVENUE 4" � LAVEMUE] S.W. 4OSGOOO IAYAS AVENUE .. FIFTH g° AVENUE S.W. g JUERGEN'S ROAD s" EIEVATEO STORAGE TANK CAP 125,OQO TH - - l DIVISION 4VENUE jy-7:;:v so 4 Iq MADSON AVENUE 6 VENUE S w NUE-'.l LIQ SW I pppopw—�V� �1 4" {- WASkjlKQTOM- 4., � A 49 2' NARMONV LANE ♦" 4° fIR57 6" AVE Sw. 10 ~� w = r * 4k toll10 TNN.�„h Pro4os� �V`� ELEVATED THIRD AVE SW STORAGE TANK 6•F CAP326,0 to NPOE11 P4 N AVENUE fy 6' 6" S.W. " �.. 6 F RTN AVENUE $.W. N 000 AVENUE ° i N H fTM AVEN17'� UE S.W. S amaEN'S �,P,Mr,a TtOwKS TA �EM�IE _4S w « « DIVISION AVENUE71100 i N UE a 00%I (612) 587-5151 H /C/TY OF HUTCHINSON .17 WASHINGTON AVENUE WEST �""HUTCHINSON. MINN. 55350 M E M 0 DATE: May 20, 1987 TO: Mayor and City Council FROM: Director of Engineering RE: Granting Easements to MN/DOT for Proposed T.H. 15 Construction In conjunction with the proposed reconstruction of T.H. 15, part of South Grade Road and the frontage road on the east side of T.H. 15 between Freemont Avenue and Century Avenue, will be subject to construction under the MN/DOT project. The areas involved are outside of the right-of-way of T.H. 15, in which case it is MN/DOT policy to obtain authorization from the local jurisdiction allowing construction on local right-of-way. Tract 1, described on the accompanying •resolution is City property on the hospital site. Tracts 2 and 3 are located at the southwest corner of the intersection of South Grade Road and T.H. 1S. As of this writing, we anticipate that the property owner will sign the requested easement, but such signed easements have not yet been obtained. Adoption of the resolution is requested. EA/pv attachment • Respectfully submitted, -j-erson Director of Engineering Resolution No. 8545 RESOLUTION GRANTING TEMPORARY CONSTRUCTION ATS NTO TIM • !MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Minnesota Department of Transportation proposes to construct geometric and surface improvements in oonjunotion with State Project 4304 (Trunk Highway 15; and WHEREAS, a portion of the geometric and surface improvements will be cn the following described tracts of property owned by the City or for which the City has rights in easements TRACT 1 That part of Lot 18 of Auditors Plat of Section 7, Township 116 North, Range 29 West, described as follows: Commencing at the Northwest Corner of said Auditor's Lot 18; theme Easterly along the North Line of said Lot 189 said North line being the Centerline of Freemont Avenue, a distance of 114.7 feet, to a point on the East Right -of -Way line of Trunk Highway 15, said point being the point of beginning; thence Southerly along said East Right -of -Way line to a point in the North Right -of -Way line -of Zentury Avenue; thence Easterly along the North Right -of -Way line of Century -Avenue, a distance of 30.00 • feet; thence Northerly on a line parallel to said East Right-of4ky line of Trunk Highway 159 to a point on the North line of said Lot 18; thence Westerly along the North line of said Lot 18, a distance of 30.00 feet to the point of beginning. TRACT 2 Beginning at the Northeast Corner of Section 129 township 116 North, Range 30 West; theme Southerly along the East line of said Section 12 for a distance of 33.00 feet; theme Westerly on a line parallel to the North line of said Section 12 for a distance of 300.00 feet to the Northeast Corner of Lot 49 Block 29 Hutchinson Mall, according to the plat on file at the McLeod County Recorder's Office; thence Northerly on a line parallel to the East line of said Section 12 to the North line of Section 12; thence Easterly on the North line of said Section 12 for a distance of 300.00 feet to the point of beginning. TRACT 3 Commencing at the Northeast Corner of Section 129 Township 116 North, Range 30 West; thence Southerly along the East line of said Section 12 for a distance of 33.00 feet; thence Westerly on a line parallel to the North line of said Section 12 for a distance of 33.00 feet to the point of beginning; thence continue Westerly on a line parallel to the North line of said Section 12 for a distance of 170.00 feet; thence Southerly • on a line parallel to the Haat line of said Section 12 for a distance of 5.00 feet; thence Easterly on a line parallel to the North line of said 9-s Resolution No. 8545 Page 2 Section 12 for a distance of 40.00 fast; thence Southerly on a line parallel to the East line of Seotin 12 for a distance of 10.00 feet; thence Easterly on a line parallel to the North line of said Section 12; thence Northerly on the Hast line of said Section 12 for a distance of 15.00 feet to the point of beginning. NOWP TBEREFORHP BE IT RESOLVED BY THE CITY C00NCCIL OF BOTCBINSONP MINNESOTA: 1. That the City Council of Hutchinson does grant a temporary construction easement on Tracts 11 2 and 3 for the purpose of constructing geometric and surface improvements and appurtenances to the Minnesota Department of Transportation. Approved by the Council this 26th day of May P 1987. Mayor City Administrator • • 0 (612) 587-5151 ITY OF HUTCHINSON VASHINGTON .AVENUE WEST 'HINSON, MINN. 55350 M E M 0 DATE: May 20, 1987 T0: Mayor and City Council FROM: Director of Engineering Acting Police Chief RE: Prohibiting Parking on South Side of South Grade Road from T.H. 15 to Merrill Street The owner of the property at the Southwest corner of the intersection of South Grade Road and Trunk Highway 15 has verbally requested that parking be prohibited on the referenced section of South Grade Road to facilitate ingress and egress to their parcel. The 1981 traffic volume on South Grade Road was 3,870 vehicles per day. • With an assumed average annual traffic growth of 2.5%, present day traffic volume would be on the order of 4,500 vehicles per day in both directions. Approximately half of that volume would be in the eastbound lane. The total roadway width is 44 feet, and by prohibiting parking, two lanes of approach to T:H. 15, each 11 feet in width, could be striped. The additional lane would allow left turning, through and right turning vehicles to segregate into the appropriate lane at the approach to T.H. 15, thereby increasing the capacity of the roadway. Prohibiting parking will improve safety by increasing sight distance and by eliminating the possibility of a parking motorist interferring with through traffic. We recommend that the appropriate ordinance be adopted. Respectfully submitted, ugene derson Di ctor of Engineering Ron Kirchoff • Acting Police Chief EA/pv �; (612)587-5T5T r�rrrcH C/TY Of HUTCHINSON s'�' 37 lNASHINGTGN AVENU'c WEST �_ 1 /� NUi CHINSON, MILAN. 55350 MEMORANDUM DATE: May 20, 1987 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit as requested by Gary Miller Pursuant to Section 6.05, C5, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a conditional use permit. HISTORY On April 20, 1987, Gary Miller submitted an application for a conditional use permit to allow the construction of a 16' X 28' addition to the kitchen at the • Crow River Country Club on property located on Country Club Road. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1987, 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, May 7, 1987. 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. Respectfuljy­-�ubmitted, rryr e Chairman nning Commisson 9-1' II on 1 4-' RESOLUTION NO. 8533 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF A 16'X 28' ADDITION TO THE KITCHEN AT THE CROW RIVER COUNTRY CLUB IN R-1 ZONE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Gary Miller, Hutchinson has made application to the City Council for a Conditional Use Permit under Section 8.02 of Zoning Ordinance No. 464 to allow the construction of a 16'X 28' addition to the kitchen at the Crow River Country Club on property located on Country Club Road with the following legal description: Lot 1 in Section 35 and the West 3/4 of the Northwest Quarter of the Northwest Quarter in Section 36. All in Township 117 North Range thirty West. is 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above. Adopted by the City Council this 26th day of May, 1987. Paul L. Ack an Mayor ATTEST: • Gary D. Plotz City Administrator (61 2) 587 -5151 HarcH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST NUTCHlfJSON, MILAN. 55350 MEMORANDUM DATE: May 20, 1987 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit as requested by Gilbert Hammer Pursuant to Section 6.05, C5, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a conditional use permit. HISTORY On April 27, 1987, Gilbert Hammer submitted an application for a conditional use permit to allow him to remodel a dairy retail store into living quarters for Vo -Tech students on property located on 106 Erie Street. A public hearing was • held at the regular meeting of the Planning Commission on Tuesday, May 19, 1987, 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, May 7, 1987. 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. Respectfully submitted, /�1 Z1 bmo,Vice Chairman son Planning Commisson y �' RESOLUTION NO. 8534 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER . SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW REMODELING OF A DAIRY RETAIL STORE INTO A RENTAL UNIT FOR VO -TECH STUDENTS IN IC -1 ZONE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Gilbert Hammer, Hutchinson has made application to the City Council for a Conditional Use Permit under Section 8.12 of Zoning Ordinance No. 464 to allow him to remodel a dairy retail store into living quarters for Vo -Tech students on property located on 106 Erie Street with the following legal description: Lot 1 Block 17 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, based upon the findings set forth above. Adopted by the City Council this 26th day of May, 1987. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator Is 0 r rD PU G T �`• ` \ \\ ` FN a e � B<AcA' TIP J G ! Si_Z EAST, w�a ST I � s �/.t1N se.rtN G b N-4 k INu n. w _ s_ —. p G -_. _ .__E t FN v o •� � 11,7 1 F o,, , o� o �y vx y� ,bua&! AtZr 2 a V yooQ /J- O f7gd--,P7 r o tr�r m w N O oo© 3.0 x''i' Li •?o.. DOOR ; F, O - C _'"w ti. pd l r� .c• Q Jff—.00"JH�U (612) 587-5151 CITY OF HUTCHINSON WASHINGTON AVENUE WEST MINN. 55350 MEMORANDUM DATE: .May 20, 1987 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Preliminary Plat of "Fifth Addition to Lakewood Terrace" as su i e y Loretta McDonald 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 preliminary plat. HISTORY On April 27, 1987, Loretta McDonald submitted an application for a preliminary plat to be known as "Fifth Addition to Lakewood Terrace". A public hearing was • held at the regular meeting of the Planning Commission on Tuesday, May 19, 1987, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted and the appropriate`fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 7, 1987. 3. Director of Engineering, Eugene Anderson submitted certification that the proposed plat meets all the requirements of the Subdivision Ordinance as per Preliminary Plat Data. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned preliminary plat be approved. Respectfully submed, . y R Vice Chairman tchinson Planning Commisson q— 1 " 9' �� Bu J u \ 4 ;• 4w• Y M `Y �� 111!! M.�1 RNfw WNw 'p rl N ..Y T SAN•• fM l'1Y•.eY ![NCN WYl fM nN N nl! II S..NI YM i.N 11 J 7 J _• YP 1 1 I � � t1 f •• ���-. VUEI 11 RESOLUTION NO. 8535 RESOLUTION GIVING APPROVAL OF PRELIMINARY PLAT OF FIFTH ADDITION TO LAKEWOOD TERRACE WHEREAS, Loretta McDonald, owner and subdivider of the property proposed to be platted as Fifth Addition to Lakewood Terrace has submitted an application for approval of the preliminary 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; That part of the South Half of Section 2, Township 116 North, Range 30 West of the 5th Principal Meridian, described as follows: Commencing at the southeast corner of said Section 2; thence North 89 degrees 28 minutes 38 seconds West, assumed bearing, along the south line of the Southeast Quarter of said Section 2 a distance of 2625.65 feet; thence North a • distance of 1765.99 feet to the southeast corner of FOURTH ADDITION TO LAKEWOOD TERRACE, according to the recorded plat thereof,and the point of beginning of the land to be des- cribed; thence northeasterly, easterly and northerly, along the easterly line of said FOURTH ADDITION TO LAKEWOOD TERRACE,to the northeast corner of Lot 6, Block 1, of said FOURTH ADDITION TO LAKEWOOD TERRACE; thence South 87 degrees 45 minutes 18 seconds East a distance of 330.61 feet; thence South 2 degrees 14 minutes 42 seconds West a distance of 148.94 feet; thence South 87 degrees 45 minutes 18 seconds East a distance of 9.35 feet; thence southeasterly a distance of 125.187 feet along a tangential curve concave to the southwest, having a radius of 88.47 feet and central angle of 81 degrees 04 minutes 24 seconds; thence South 6 degrees 40 minutes 54 seconds East, tangent to said curve, a distance of 340.92 feet to the intersection with the easterly extension of the north line of that parcel of land which is described in Book 147 of Deeds on Page 509 in the office of the County Recorder of McLeod County, Minnesota; thence westerly, along said north line, a distance of 681.29 feet to the point of beginning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of FIFTH ADDITION TO LAKEWOOD TERRACE is hereby • approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota, subject to the parks and playground contribution being met and appropriate subdivision agreement being drawn up. RESOLUTION N0. 8535 PAGE 2 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 26th day of May, 1987. ATTEST: Gary D. Platz City Administrator Paul L. Ack an Mayor • � (612) 587.5151 ivarcy' CITY OF HUTCHINSON . 37 WASHING TON AVENUE WEST uNTCHINS0N, MINN. 55350 M E M O R A N D U M DATE: May 21, 1987 TO: _ Hutchinson City Council FROM: — Hutchinson Planning Commission — -- — — — — — — — — — — — SUBJECT: _ CONSIDERATION OF REQUEST [Y SUPER AMERICA FOR TIME EXTENSION OF CONDITIONAL USE PERMIT AND VARIANCE GRANTED 11/86 The Hutchinson Planning Commission recommends a 6 month extension of the Conditional Use Permit and Variance granted to Super America on 11/86. /bb Division of Ashland Oil, Inc. 1240 West 98th Street Bloomington. Minnesota 55431 612-887-6100 SUPERAMERICA , May 4, 1987 James Marka Building & Zoning Official City of Hutchinson Hutchinson, MN 55350 Dear Mr. Marka, At the present time several things are holding up our project at Hwy. 7 & School Road. I would like to request an extension for the Conditional Use and variance that was granted. One of the obstacles was the closing of the service to the west of our site. We felt strongly that this was an advantage for ingress. Now that it has been closed we are not so sure. If anything can be done to change this back we would like to hear from you as soon as possible. Until new information comes out of Engineering we will be one hold. Sincerely, K. F. Kaupp Zoning & Planning ca • LJ q n�. O (612) 587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: May 21, 1987 TO: Hutchinson City Council ------------------------------ FROM: _ Hutchinson Planning Commission SUBJECT: _ CONSIDERATION OF SKETCH PLAN SUBMITTED BY ALFRED KOGLIN (2 mile radius) The Hutchinson Planning Commission recommends approval of the Koglin • sketch plan provided that Mr. Koglin change the roadway in order that it can be maintained by the Township. A recommendation would be to put in a horseshoe access as opposed to a cul-de-sac. /bb • MAP unPoq[U v, N 5� 1 •'\1\J i r (612) 587.5151 ITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: May 21, 1987 TO: Hutchinson City Council — ------------- — — — — — — — — — — — — — — — — FROM: Hutchinson Planning Commission — ----------——————— — — — — — — SUBJECT• — CONSIDERATION OF SKETCH PLAN SUBMITTED BY SIEMSEN/LARAWAY—(2 mile radius) The Hutchinson Planning Commission recommends denial of the sketch • plan submitted by Siemsen/Laraway following the rea)mnerdation of the Acoma Town Board. /bb 0 1� t 0� ` x * . O O O O 0 i o n. P. a -a A- i � Sol (612) 587-5151 ff/'� ITY OF HUTCHINSON ASH1NGTON AVENUE WEST CHINSON, MINN. 55350 M E M O R A N D U M DATE: May 21, 1987 TO: Hutchinson City Council — ------------- — — — — — — — — — — — — — — — — FROM: Hutchinson Planning Commission ------------------------- ---- SUBJECT: CONSIDERATION OF FINAL PLAT OF SUNSET RIDGE ADDITION SUBMITTED BY KEVIN COMPTON • The Hutchinson Planning Commission recommends approval of the final plat of Sunset Ridge Addition. RESOLUTION NO. 8536 RESOLUTION GIVING APPROVAL OF FINAL PLAT • OF SUNSET RIDGE ADDITION WHEREAS, Kevin Campton, owner and subdivider of the property proposed to be platted as SUNSET RIDGE ADDITION has submitted an application for approval of the final plat of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described lands in McLeod County, to -wit; The South 305.00' of the North 620.00', and the South 190.00' of the North 810.00' of East 800.00', of Government Lot 4, Section 35, Township 117 North Range 30 West of the 5th Principal Meridian. Except the East 33.00 feet thereof. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of SUNSET RIDGE 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 26th day of May, 1987. ATTEST: Paul L. Ack an Mayor Gary D. Plotz • City Administrator 9-� SUBDIVISION AGREEMENT SUNSET RIDGE ADDITION CITY OF 60 UMISON, MINNESOTA THIS AGREEMENT, made and entered into'the day and year set forth hereinafter, by and between Kevin R. Compton and Carolyn F. Compton and John C. Kruse and Wendi C. Kruse, hereinafter called the "Subdivider", and the City of Rutehinson, a Municipal corporation in the County of McLeod, State of Minnesota, hereinafter called the •City"; Cii4;I'+&i44Y F WHEREAS, the Subdivider is the owner and developer of a tract of land in Government Lot 4 of Section 35, Township 11T North, Range 30 West, to be known as SUNSET RIDGE ADDITION, which is located in the City of Hutchinson, McLeod County, Minnesota, and; WHEREAS, City Ordinance 464 AND 466 requires subdividers to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The Subdivider hereby petitions for the installation of storm sewer on Shady Ridge Road from Highway 7 8 22 to Sunset Addition by the City in 1987. It is understood and agreed that the cost of the improvement that is assessable to SUNSET RIDGE ADDITION, will be assessed on a per lot basis in an equal amount to each lot in the • Subdivision. 2. The Subdivider hereby petitions for the installation of water and sewer service leads from the mains on Shady Ridge Road to Lots 1, 2 and 3 of Block 19 by the City in 1987. It is understood and agreed that the total coat of said service leads is to be assessed on a per lot basis in an equal amount to each lot in the Subdivision. 3. The Subdivider hereby petitions for the grading, gravel sub -base, sanitary sewer, watermain and storm sewer on Connecticut Street from Shady Ridge Road to the North Line of the plat by the City in 1987. It is understood and agreed that the total cost of these improvements is to be assessed on a per lot basis in an equal amount to each lot in the Subdivision. 4. The Subdivider hereby petitions for the installation of sanitary sewer and water service leads to Lots 4 thru 8 in Block 1, Lots 1 thru 6 and Lot 17 in Block 2 by the City in 1987. It is understood and agreed that the total cost of these improvement is to be assessed on a per lot basis in an equal amount to each lot in the Subdivision. 5. The Subdivider hereby petitions for the grading, gravel base, curb and gutter and surfacing on Shady Ridge Road for the entire plat by the City in 1988. It is understood and agreed that the total cost of said improvement that is assessable to SUNSET RIDGE ADDITION, shall • be assessed on a per lot basis in an equal amount to each lot in the Subdivision. qi'Z& t SUBDIVISION AGREDU T SUNSET RIDGE ADDITION PAGE 2 • 6. The Subdivider hereby petitions for the grading, gravel sub -base, sanitary sewer, watermain, sanitary sewer and water servioes, storm sewer, gravel base, curb and gutter and surfacing on Connecticut Court and the extension of watermain from Connecticut Court to the southwest corner of the plat along the lot line between Lots 10 and 11 in Block 2. It is understood and agreed that said improvements will be constructed under more than one contract, beginning in 1988 or later, as deemed feasible by the Subdivider and City. It is understood and agreed that the costs of the improvements under each contract will be assessed on a per lot basis in an equal amount to each lot in the Subdivision. The Subdivider waives all rights to a Public Hearing and appeal for the cost of these improvements. The waiving of all such rights shall be binding upon and extend to the heirs, representatives, assigns and successors of the Subdivider. 7. It is understood and agreed that the Subdivider will make a cash contribution to the City of Hutchinson Parks and Playground for SUNSET RIDGE ADDITION in the amount of $2,966.049 which is for ane • dwelling unit per lot. Charges for additional dwelling units per lot will be due at the time a Building Permit is issued and the cost will be according to the City Fee Schedule for additional units at the time said permit is issued. 8. It shall be the responsibility of the developer to clear any trees and/or debris from utility easements, as per the request of the utility prior to installation of the facility. 9. It is understood and agreed that all electrical and gas lines in easements that may have to be moved by request of the property owner, will be done at said property owners expense. 10. It is understood and agreed that to fulfill City Policy, two trees will be provided in the margin (boulevard) of each lot. The Subdivider or property owner shall purchase from the City and pay one half the cost of said trees and the City's portion of the payment for the trees shall not exceed $10.00 per tree. Said trees shall be planted by the property owner. The Subdivider hereby petitions the City to install two trees per lot and assess the properties in the subdivision, the cost less allowed City's portion of said cost. Said installation to be included in the last assessable improvement to be installed for the subdivision. All trees installed at the time of said last assessable improvement will • be credited to the properties where the trees are located. SUBDIVISION AGREEMENT SUNSET RIDGE ADDITION . PAGE 3 • Species selection will be determined by the Tree Board. Should the Subdivider or property owner wish to plant a tree which deviates from the selected specie list, he/she must present his/her request to the Tree Board. The City will, at no charge to the property owner, replace any tree which dies within one year of the time of planting. 11. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 12. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office and that no Building Permits will be issued until said Agreement is recorded. IN WITNESS THEREOF, said Kevin R. Compton and Carolyn F. Compton, have hereunto set their hands this_day of , 19_; and John C. Kruse and Nendi C. Kruse, have hereuno set their hands this _ day of , 19 Kevin R. Compton Carolyn F. Compton John C. Kruse Nandi C. Kruse STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of , 19_, by Kevin R. Compton and Carolyn F. Compton, husband and wife. STATE OF MINNESOTA COUNTY OF Notary Public, County, Minnesota My Commission Expires The foregoing instrument was acknowledged before me this day of , 19_9 by John C. Kruse and Nendi C. Kruse, husband and wife. Notary Public, County, Minnesota My Commission Expires SUBDIVISION AGREEMENT SUNSET RIDGE ADDITION PAGE 4 • Approved by the City Council on the _ day of , 19_. CITY OF HUTCHINSON Its Mayor Its City Clerk STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of , 19_, by Paul L. Ackland, Mayor and Gary D. Plotz, City Clerk. Notary Public, County, Minnesota My Commission Expires • 0 MINUTES HUTCHINSON PLANNING Tuesday, May 19, • 1. CALL TO ORDER coMMlssloN FOR y01J R ""�T �NFOR/�,J� 1987 /ON The meeting was called to order by Vice Chairman Larry Romo at 7:30 p.m. with the following members present: Bruce Drahos, Spencer Beytien, Roland Ebent, Marlin Torgerson, and Vice Chairman Larry Romo. Members absent: Chairman Tom Lyke and Bill Craig. Also present: Building Inspector, Jim Marka, City Administrator, Gary Plotz and City Engineer, Eugene Anderson. MINUTES Mr. Beytien made a motion to approve the minutes of the regular meeting dated Tuesday, April 21, 1987. Seconded by Mr. Torgerson the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GARY MILLER Vice Chairman Romo opened the hearing at 7:31 p.m, with the reading • of publication #3691 as published in the Hutchinson Leader on Thursday, May 7, 1987. The request is for consiae ng a conditional use permit to allow Crow River Country Club to construct a 16' X 28' addition to the kitchen on property located on Country Club Road. Mr. Torgerson made a motion to close the hearing. Seconded by Mr.. Beytien the hearing closed at 7:35 pm. Mr. Ebent made a motion to recommend approval to the City Council. Seconded by Mr.Torgerson the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GILBERT HAMMER Vice Chairman Romo opened the hearing at 7.35 pm. with the reading of publication #3692 as published in the Hutchinson Leader on Thursday, May 7, 1987. The request is for considering a conditional use permit to allow the owner to remodel a dairy retail store into living quarters for Vo -Tech students on property located on 106 Erie Street. Mr. Hammer was present to explain the use of the building and that the property does conform with flood plain regulations. Mr. Ebent moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 7:40 p.m. Mr. Torgerson made a motion to recommend approval to City Council. Seconded by Mr. Drahos the • motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY PLAT OF FIFTH ADDITION TO LAKEWOOD TERRACE SUBMITTED BY LORETTA MCDONALD MINUTES-HUTCHINSON PLANNING COMMISSION 5/19/87 Vice Chairman Romo opened the hearing at 7:40 p.m. with the reading of publication #3693 as published in the Hutchinson Leader on Thursday, May 7, 1987. The request is for FF purpose o— considering the platting of a parcel of property to be known as Fifth Addition to Lakewood Terrace. Mr. Romo read the memo from City Engineer Anderson regarding the plat after which Engineer Anderson responded with favorable comment on the plat. Building Official Marka explained staff recommendation of the plat and how it fits into the Comprehensive Plan. Mr. Torgerson moved to close the hearing, seconded by Mr. Beytien the hearing closed at 7:43 pm. Mr. Drahos made a motion to recommend approval to City Council. Seconded by Mr. Torgerson the motion carried unanimously. 4. OLD BUSINESS (a) DISCUSSION OF PORTABLE SIGN ORDINANCE Building Official Marka explained the ordinance and the procedure of enforcement. Mr. Torgerson lead discussion as to the cooperation of the community . businesses and the difficulty of enforcing such sign ordinances. After discussion Mr. Torgerson-moved to set the Public Hearing for June 16, 1987. Seconded by Mr. Beytien the motion carried unanimously. It was suggested to notify businesses with portable signs 3f the hearing. (b) DISCUSSION OF COMPREHENSIVE PLAN REPORT - Chapters 4-7 Administrator Plotz suggested scheduling 2 firms to make presentations at the next meeting so as to stay on the time line for the budget review in August. Mr. Romo recommended that the commission members continue to familiarize themselves with the report. (c) CONSIDERATION OF REQUEST BY SUPER AMERICA FOR TIME EXTENSION OF CONDITIONAL USE PERMIT AND VARIANCE GRANTED 11/86 There was discussion of the service road and the accessability to the business. Engineer Anderson explained the traffic problems that could arise. Mr. Torgerson made a motion to recommend a 6 month extension to City Council. Seconded by Mr. Drahos the motion carried unanimously. • E R MINUTES - HUTCHNISON PLANNING COMMISSION 5/19/87 • S. NEW BUSINESS (a) DISCUSSION OF REZONING R-5 TO R-2 IN MCDONALDS LAKEVIEW ADDITION Building Official Marka explained the staff recommendation of the approval to rezone an area in McDonalds Lakeview Addition from R-5 to R-2. Administrator Plotz noted the reasons for R-2 zoning and the aesthetics of the area. Mr. Torgerson made a motion to recommend approval to set a Public Hearing on the rezoning. Seconded by Mr. Ebent the motion carried unanimously. (b) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ALFRED KOGLIN (two-mile radius) Mr. Koglin explained the plan and his willingness to work with the ,city and township as to the roadway. There was discussion on the cul-de-sac with consensus by the commission that possibly a horseshoe access would be more easily maintained. Mr. Koglin noted the unusual property lines making it difficult to come up with a solution on the roadway, although he would be reviewing the sketch again in order to find an agreeable change. Mr. Torgerson moved to recommend approval of the sketch plan • provided that Mr. Koglin change the road in order that it can be maintained by the Township. Seconded by Mr. Beytien the motion carried unanimously. (c) CONSIDERATION OF SKETCH PLAN SUBMITTED BY SIEMSEN/LARAWAY (two- mile radius) Mr. Romo commented on the denial of the sketch plan by the Acoma Town Board. The plan was disapproved by the town board on the grounds that agricultural land is not to be taken out of production and platted. Mr. Ebent moved to recommend denial of the sketch plan following the recommendation of the Acoma Town Board. Seconded by Mr. Beytien the motion carried unanimously. (d) PRESENTATION BY TKDA INC. ON COMPREHENSIVE PLAN There was no presentation at this time. (e) CONSIDERATON OF FINAL PLAT OF SUNSET RIDGE ADDITION SUBMITTED BY KEVIN COMPTON Engineer Anderson noted the recommended changes in the final plat on Lot 14 and the name change of Connecticut Court to Westwood Road. 3 MINUTES - HUTCHINSON PLANNING COMMISSION 5/19/87 Mr. Ebent made a motion to recommend approval of the final plat to • City Council. Seconded by Mr. Torgerson the motion carried unanimously. 6. OTHER BUSINESS (a) DISCUSSION OF RENTER'S FACT SHEET Building Official Marka commented on the distribution of the fact sheet and that there was no response by the community thus far. He noted that Hutchinson is not ready for licensing at present but the City should educate the public with handouts. There was discussion on using portions of the fact sheet as public information in the local newspaper. 7. ADJOURNMENT There being no futher business the meeting was adjourned at 8:30 p.m. • • 4 .� ROBERT L. CARR CO. Box 409 MARSHALL5North , MINNESOTA 56258 ti MAY 1967 (507) 532-2291 $ RECEIVED TO Donohue & Associates P. 0. Box 699 Hutchinson, Minnesota 55350 LETTER 00 F T11 N�SfYITIiTiT�IA� 21, 1987 Mr. George MacDonald Wastewater Treatment Facilities Hutchinson, Minnesota WE ARE SENDING YOU IN Attached ❑ Under separate cover via the following Items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ M COPIES DATE NO. DESCRIPTION 3 Change Proposal Request No. 1 / (PVC jacket In lieu of condui t\,* preilt slated pipe - Secti'on 15071) �\ V\ THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Lacking specific instructions, we arbitrarily submit three copies of Change Proposal Request No. 1. Let us know if you'll require more or if less will suffice. You'll note a copy of this is being sent to Tom Pilgrim in Sheboygan. Let us know if he is the person to receive Change Proposal requests or if it should be somebody else. cc: Robert Coquyt w/enc. Kim H. Christensen w/enc. Ron Peterson (Harris) w/enc. James Miller (Donohue) w/enc. Tom Pilgrim (Donohue) w/enc. Gary Plotz w/enc. COPY TO SIGNED: Steven A. Anderson/jz I/ snaosuns aro not as noted. klodly nollh us at once. J RaP<eit .ee eitrvc e4o GENERAL CONTRACTOR HIGHWAY 59 NORTH • BOX 409 • MARSHALL, 56258 0 Change Proposal Request NO. 1 ARCHITECT'S PROJECT NO: 41587 CONTRACT FOR: Wastewater Trmt. Facilities Hutchinson, Minnesota CONTRACT DATE: March 19, 1987 We are directed to make the following changes in this Contract: A. Description or scope of work: Provide a PVC jacket in lieu of a conduit jacket for preinsulated pipe specified in Section 15071 as per a letter dated 4-24-87 from -Harris Mechanical Cost or change: Material............................................................5 Equipment rental.....................................................5 SalesTax...........................................................5 Labor.........................................................l...S Field expenses, tools, equipment, (% of labor)..................................S Supervision ............................... $ .......................... Cartage............................................................5 Overhead ( %) .................. ........S Subcontractor Harris Mechanical DEDUCT ......... s 11,763.00 Insurance ( %of total)...............................................S Profit.............................................................5 Total Cost of change order .................................. DEDUCT • ........S 11,761-00 B. The above price Inas been determined by application of (standard estimating procedures) as evidenced by the papers attached. The original Contract Sum was ............... ..............................S Net change by previous Change orders..........................................S The Contract Sum prior to this Change Order was..................................S The Contract Sum will be (7dQ1f609i!rdiJ (decreased) (knS1G[trYg" by this Change Order ...........S 11,763.00 The new Contract Sum including this Change Order will be ............................S The Contract Time will be (unchanged) by ( ) Days The Date of Completion as of the date of this change order therefore is ROBERT L. CARR CO. Contractor Architect Owner Highway 59 North Address Marshall, MN 56258 By Jer4Qi. Date May 21, 1987 Address Address By By PREMECHANICAL • CONTRACTING COMPANY 2300 TERRITORIAL ROAD • ST. PAUL, MINNESOTA 55114 • PHONE: 612-646-2911 PROCESS PIPING • PLUMBING • VENTILATING REFRIGERATION • AIR CONDITIONING • HEATING ENVIRONMENTAL CONTROL April 24, 1987 Robert L. Carr Co. Highway 59 North Marshall, MN 56258 Attention: Mr. Kim Christensen Reference: Hutchinson Wastewater Treatment Subject: Pre -insulated Pipe, Spec. Section 15071 Gentlemen: Harris Mechanical would like to propose a substitution for the pre -insulated pipe specified in Section 15071. Delivery • of this material can be improved by 6 to 8 weeks by going with the PVC jacket, per the attached submittal in lieu of the conduit jacekt as specified. I have discussed this possible substitution xvith Mark Lentz at Donohue and Associates, and he is familiar with the product we are proposing. -If the PVC jacketed material is acceptable. Harris Mechanicl will offer the following cost savings. Original Substitution Subtotal Sales Tax Total Credit $28,997.00 (17,900.00) $11,097.00 666.00 $11,763.00 Your prompt attention to this matter will be appreciated, as the schedule for the administrative area has accelerated. Sincerely yours, HARR_S7ME H ICAL CONTRACTING COMPANY RON PETERSON . PROJECT MANAGER RP/jd A&L&A REGULAR COUNCIL MEETING May 26, 1987 • GENERAL FUND *Dept. of Natural Resources boat registration fees 131.00 *Dept. of Natural Resources boat registration fees 66.00 *Dept. of Natural Resources boat registration fees 73.00 *Dept. of Natural Resources snowmobile registration fees 18.00 *Radisson Hotel South Lodging - Fire School 134.00 *Anoka. VTI Registration - Fire School 90.00 American Risk Services Professional Services 800.00 Arnold and McDowell Legal Fees for May 2,358.92 Paul Ackland Telephone Calls 20.72 Backman's Nursery Trees 2,226.15 Jesse Bye Piano Lessons - Senior,Center 60.00 Kenneth Brown Refund - Shelter Reservation 5.00 Bonnie Baumetz Mileage & Meals 36.34 Joyce M. Barrick Refund - Drama Class 12.00 Crow River Press Printing - Letterhead 340.44 Cragun's Lodge Hotel & Meals 74.46 Crow River Glass Supplies 17.50 Clarey's Safety Equipment Equipment 165.55 Copy Equipment Inc. Office Supplies 200.44 Win. Driscoll Safety Boots 24.97 Martin Dreyer Spraying of Cemetery 550.00 Elvin Safety Supply Strap Slide .45 Gopher Sign Co. Operating Supplies 3,751.69 • Eileen Goeders Contract Payment 1,500.00 Hutchinson Extension Fireman's Training 445.00 Ed Hanan _ Film for 237 Project 25.36 Robert Krcil Refund - Swimming 12.00 JayCo Products, Inc. Gasoline - Airport 8,060.85 Firstate Federal Assessment Search Refund 2.00 Harvey Kemper Rock 47.70 Koch Materials Co. Asphalt Cutback 4,189.88 Land Care & Equipment Co. Equipment 2,990.00 MN Public Transit Association Conference Registration 40.00 McGarvey Coffee Inc. Coffee 68.70 Eva Maas Refund - Mystery Tour 6.00 Mid -Central Inc. Operating Supplies 106.03 James Marko Dues and Lunch 9.91 County Treasurer Drivers License Fees 53.00 No. States Supply Co. Operating Supplies 4.28 Honer Pittman Eales and Lunch 9.84 Kenneth Peterson, M.D. Fireman's Physical 95.00 Peterson Bus Service Trip Expense - Rochester 606.00 American Planning Assn. Membership Dues and Subscription 115.00 Pitney Powes Credit Corp. Payment Postage Machine & Scale 102.00 Gary Plotz Mileage & Meals 126.89 Ardell Runke Refund - Swimning & T -Ball 4.00 Star Surplus Shoulder Bag 2.79 State Agency Revolving Fund Adm. Fee - Social Security 82.94 1 1p. REGULAR COUNCIL MEETING azul - Is Kathleen Skarvan Central District Services Schell's Brewery Marie Thurn Robert Tepley U.S. Figure Skating Assn. James Weckman Lucille Bahn Alma. Seeland Russell Johnson ININ Sports Federation Douglas Jost City Business -Twin Cities League of MK Cities Howard Krueger Jan Hahn Nancy Prochnow Deb Wagner Best Western Motor Inn Best Western Rustic Oak Amana Holiday Inn Silver Dollar City Passion Play •Harry S. TTunan Library & Museum Foggy River Boys The Shepard of the Hills Cantebury Downs Orchestra Hall School of the Ozarks League of IN Cities 10 0 a• a ra ke P INg ogy 01 Donahue and Associates M[1 Valley Testing Randy DeVries Curtin Matheson Scientific State Treasurer Power Process Equip., Inc. Robert L. Carr Co. L J MAY 26, 1987 Refund - Girls T -Ball $ 8.00 Building Rental 26.00 Tour 46.00 Mileage 22.55 Refund - Drama Class 12.00 Forms 1.95 Pumping Gas -Airport -March & April 3.85 Refund - Mystery Tour 12.00 Refund - Mystery Tour 6.00 Refund - Cantebury Downs 24.00 Registration Fees 470.00 Reimbursement for Surveys 586.71 Classified Display 100.00 Subscriptions 90.00 Fee - Senior Prom 60.00 Instructor's Fee 24.00 Instructor's Fee 90.00 Instructor's Fee 75.00 Ozark's Tour 1,110.00 Ozark's Tour 5,130.00 Ozark's Tour 1,692.00 Admission Fee - Ozark's Tour 937.50 Admission Fee - Ozark's Tour 513.00 Admission Fee - Ozark's Tour 114.00 Theatre Reservation - Ozark's Tour 370.00 Theatre Reservation - Ozark's Tour 999.00 Admission Fee 45.00 Reservations 588.80 Lunch Reservation - Ozark's Tour 152.00 Conference Registration 1,040.00 $ 44,211.16 Professional Services Professional Services Travel and Lodging Operating Supplies License Renewal Application Fee Service Contract Estimate No. 1 26,154.26 101.50 36.65 $889,929.15 -REGULAR COUNCIL MEETING .BONDS OF 1987 Juul Contracting Co. CENTRAL GARAGE Ralph Neumann Primrose Oil Co. MUNICIPAL LIQUDR STORE Griggs, Cooper & Co. Johnson Brother Wholesale Quality Wine and Spirits Ed Phillips & Sons City of Hutchinson P.E.R.A. WP.E.R.A. Withholding Tax Account 0 MAY 26, 1987 Estimate No. 1 $ 4,061.49 $ 4,061.49 Polariod Camera $ 15.00 Operating Supplies 297.21 $ 312.21 Wine 752.59 Liquor 1,134.71 Liquor 640.48 Liquor 1,295.45 Payroll 4,518.22 Employer Contribution 181.02 Employer Contribution 184.40 Employer Contribution - Soc. Sec. 313.38 and Medicare $9,020.25 DAVID D. ARNOLD CHARLES R. CARMICHAEL MICHAEL D. L,DARON GARY D. MCDOWELL PAYE KNOWLES STEVEN A. ANDERSON O. DARRY ANDERSON DANIEL J. DERENS STEVEN S. HOOK LAURA K. FRETLAND CHARLES L. NAIL. JR. DAVID A. DRUEOOEMANN JOSEPH M. PAIEMENT May 20, 1987 Mr. Samuel Ulland Box 157 Winsted, Mn. 55395 ARNOLD & McDOWELL ATTORNEYS AT LAw 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 (61 2) 587 RESIDENT A" O. HARRY AND FOR YOUR INFORMATION Mr. Eldor Mathews Rural Route #3 Glencoe, Mn. 55336 Re: Trailer Court Property • Our File No. 3188-87-0001 Dear Mr. Ulland and Mr. Mathews: KRRI CEDAR LRE ROAD MINNEAPOLIS. MINNESOTA 55416 (012) 5 -0000 MN TOLL FREE l00-GA3-4615 501 SOUTH POUKM STREET PRINCETON, MINRESOTA 55371 (612) 3490.8814 714TENTH STREET EAST GLENCOE. MINNESOTA 56336 (012) 5"-0111 It is not clear to me which of you owns the above referenced property. On the assumption that either one of you or both of you may have some interest in the property, please be advised that the City has not received any payments on its current water bill in the course of the last couple of months. The deposit which Mr. Mathews has made with the City will be consumed approximatel the middle of June an un ess other arrangements INmade, including a promise o prompt payment of bills, you can expect that service will be terminated in accordance with the usual procedures. If you have any questions, please feel free to contact either myself or the appropriate City representative. Thank you. very truly yours, ARNOLD & MCDOWELL •4Garry Anderson GBA:lm CC Gary Plotz Paul Ackland (612) 587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 M E M 0 FOR YOUR INFORMATION DATE: May 13, 1987 T0: Gary D. Plotz, City Administrator FRCM: James Marka, Building Inspector RE: Waste Plater Treatment Plant Permit In regards to the Building Permit fee for the Waste Water Treatment Plant; I have reviewed the enclosed specs and discussed this matter with George MacDonald of Donohue and Elroy Berdahl of the State of Minnesota Building Code Department. It was the general concensus that the contractor, Robert L. Carr Co., is required to obtain and pay for the permit. • The valuation is to include all construction costs, including site work, excavations/backfills, process machinery, process piping, etc... Items such as the sludge -truck, office and lab equipment, are not necessarily part of the construction costs. I would suggest this matter be resolvedrP for to release of funds for the first pay request. qr_4� ij MaAkcl' James Marka Building Inspector JM/pv enc. cc: Ken Merrill, Dir. of Accounting Homer Pittman, Building official George, MacDonald, Donohue Eugene Anderson, Dir. of Engineering . Randy DeVries, Waste Water P t Supt. Mayor and City Council GeOe.KAL Co4or,iw,iS plate of the Project which are applisas. mance of the Wort. s� 3a� or ENGINEER its an is subject to patent tights or copyrights Callitt f for the payee" of stay lioaose tee or Myalty to others. the esiaean of smolt djo; sW be disdosad by OWNER in the Cotatratt Doasowts. CONTRACTOR shag indemnity and bold harmless OWNER and ENGINEER and anyone directly or tedirecdy ~+spayed by either of them from and against d dkisg; tlianaV& loam and expeaea (iecladYti asoraeyi tan and emtstt and sebitratien costs) wising ao of MY htiapseewt of wMt rights or copyrights iaeideec m the roe is the perfaro ece of the wart or rntdtiog from the iocorpionoce in the wort of any invention. design. Proems. product or device we spec W in the Contract Dootments. and shall defend all such claims in connection with any allegad Whiligamem of sash rielall Remit: 6.13. Unless otherwise provided in the Supplementary Condition. CONTRACTOR shag obtain and pay for all tow structim,� peril, ll/ w#w OWIiER shag alis[ CON- TRACTOR. wham snowy. in obtaining each petfitf and licenses. CONTRACTOR shag pay W governmental ehatRes and inspection fes mammary for do p d the Wort. which as appiieabls at the tion of opeoiep of Bids. Or if tbm v ata no Bids en the Effective Date of the Areemeac. CON- TRACTOR shag pay 20 ehar'es Of Utility owners for eon- necums to the Wort. and OWNER shag pay all charges of such tmliry owners for capital costs related tbereto such as plant investment tees. Law and Retris iowr: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Reyulanoms applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- latices. neither OWNER nor ENGINEER stall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Refiulatioess. 6.14.2. If CONTRACTOR observes thu the Specifl- cuions or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR perforins any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such notict to ENGINEER. CONTRACTOR shall bear all costs arising Use of A iar: 6.16. CONTRACTOR shall coe sot, the storape of materiels, and stions of swelters to the Prgjsa site ti6ed is and psrmimed by the cow hod and stns pssmusd by Laws of -way. permits and easmeats, an encumber the premises with coostru materials or equipment. CONTRA responsibility for say du W to tea, the owner or occupant thsasof or a? nous thereto, resulting hma the pr Should any claim be made against f by any such owner or octupam best ofthe Wort. CONTRACTOR shall I with sash other parry by, agrlasM 1 dais by aetimsrioa or atjt.►: �v i htgat sant peroimed by Laws ar and hold OWNER and ENGINEER 1 W shims, dosages. losses stool sap llmitsd to. tea of engimem atehkt pra[asioeab and coact and abimati iodireaty or romequeodaOy oat of table, bratlght by any such other p ENGINEER to the extent based a CONTRACTOR's performance oft 6.17. During the progress of the shall keep the premises &se from materials. rubbish and other debris i At the completion of the Work CON all waste materials. rubbish and de premises as well as all tools. appiiam meat and machinery. and surplus m the site dean and needy for occupy TRACTOR shall restore to original e designated for alteration by the Con 6.18. CONTRACTOR shall not Ic , of any structure to be loaded in any man the structure. nor shall CONTRACTOR' the Work or adjacent property to stress will endanger it. Ll 0 • � J44�rc r� Sl��i G•ao'. (tot, . ARTICLE 2 - PRELIMINARY NATTERS SC 2.1. Amend the first sentence of Paragraph 2.2. of the General Conditions to indicate the number of copies of Contract Documents As followst . 2S copies of the Contract DOCUPOnts shall . be furnished. SC 2.3 Amend the last sentence of 8acaOraph 2-3 of the General.Conditioas to read ss follows:-- 'In no event gill the Contract Time fence to run later than the Beth day after the day of ;id opening or the 30th day after the Eff*ctive Date of thhe Agreement, whichever Rate is earlier." s: Adda new paragraph iwwdiately after subpara- graph 2.6.3 of the General CoaBl-J*ich.11t to read as follows: _ "SC 2.6.4 copies of all permits and licenses, required by Paragraph d by of OR- CConditions, i permits ed or obta aed by ' CIIlIER X11 ---be ; made aM►d==ligases-obtaiaedby CTO CONTRACTOR aand maintained by available P ct site." -Add ww subparagraphs .imsediatolyfafter-Paragraph c.2.f: t the_ sgral Co�itions�oiled arl.1O_ ra#d as follows: SC 2.8.1. The conference will be held at a location selected by OM=. The conference will be attended by: SC 2.8.1.&. SC 2.8.1.b. Sc 2.8.1.c. SC 2.8.1.d. SC 2.8.1.e. SC 2.a.1.f. SC 2.8.1.9. CONTRACTOR'S office Representative. CONTRACTOR'S General Superintendent. Any Subcontractors' whom CONTRACTOR may may request. or suppliers' representatives _ desire to invite or ENGINEER ENGINEER'S Representatives. OWNER'S Representatives. Local utilities Representatives. Minnesota Pollution Control Agency and Corps of Engineers Representatives. SC -2 (612) 587-5151 CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 May 13, 1987 Mr. Steven Anderson Robert L. Carr Co. Hwy. 59 N Box 409 Marshall, MN 56258 Dmr Mr. Anderson; FOR YOUR INFORMATION This letter is in response to your letter and Building Permit Application dated May 11, 1987. Enclosed are pages 304 (a) from the uniform Building Code, Section 304 (a) from the State Building Code and Hutchinson Ordinance 716 adoption of the codes. The fee is established on valuation of all construction work, therefore, is based on the valuation or contract value of $10,213,000.00, broken down as follows: • Building Permit $25,715.S0 Plan Check Fee $16,715.08 Surcharge $ 1,760.65 Total 44 191.23 The Plan Check Fee is mandated by State Statute, as a percentage of the Building Permit Fee (65%). Your request to pay for the Building Permit after Robert L. Carr Company has received payment for Payment Request il, has been approved with the condition the permit be paid within seven (7) days from the date Carr receives payment. Please resubmit the returned Building Permit Application, slang with the payment of $44,191.23, within seven (7) days of receiving payment of Payment Request 61. Sincerely, _CITY OF �H,UTCHINSON Jam"e�Ma r c, Building Inspector • JM/pv enc. cc: Gary Plotz, City Administrator; Ken Merrill, Dir. of Accounting; Randy DeVries, Waste Water Plant Supt.; Homer Pittman, Building Official; Eugene Anderson, Dir. of Engineering; /Mayor and City Council; George McDonald, Donohue ON minnesota department of health Central District Health Office 215 North Benton Drive Box 426 Sauk Rapids, MN 56379 (612) 2554216 May 13, 1987 Hutchinson City Council c/o Mr. Gary D. Plotz, City Administrator 37 Washington Avenue West Hutchinson, Minnesota 55350 Dear Council Members: MN Y •+� v av FOR YOUR fNFpwaoN We are enclosing a copy of the report of our Central District Office covering an investigation of your municipal water supply. if you have any questions concerning the information contained in this report, please contact David M. Schultz, Minnesota Department of Health, • Central District, 215 North Benton Drive, Box 426, Sauk Rapids, Minnesota 56379, telephone (612) 255-4216. LI rely yon, Gary L. d, P.E., Chief Section f W ter Supply and E GLE:DMS:db Enclosure cc: Mr. Richard Nagy, Water Supt. an equal opportunity employer MINNESOTA DEPARTMENT OF HEALTH REPORT ON INVESTIGATION OF PUBLIC WATER SUPPLY Name of Water supply PWS ID-Numbor Hutchinson Municipal Water Supply Street Telephone Numbers: City Hall - 37 Washington Avenue West City: — 5151 City StateZip Coda Hutchinson MN 55350 operator: Engineer: County District McLeod Central °tAir` Rir Water Superset" ent Classification Plant Classification Owner Type Richard Nagy Class B Class C Munici2al Other Operators Classification Plant Type Plumbing Permits and ® ❑ Community inspections Required vas No Randy. DeVries Class C para of Previous Survey Date of Survey Richard Ebert Class B Merle Meece Class D 6/12/85 8/4/86 City Engineer Marlow Briebe #587-5151 SERVICE AREA CHARACTERISTICS: ' QMunidpal ❑ School or Collage ❑ Recreetion•Aree ❑ Mobile Hone Park ❑ Hotel/Motel ❑ Campground ❑ Company Town ❑ Resort ❑ Housing Development ❑ institution ❑ Restaurant ❑ Other Population Served Service Connections Storage Capacity: 9,249 3,800 (List Separately) (2) 500,000 -Gal. Steel Elevated * 125,000 -Gal. Steel Elevated Design Capacity Wmilday) - Average Daily Production (gas/day) 8.2 million 1.74 MGD 500,000 -Gal. Ground IResere 60,000 -Gal. Cl easel l Emergency Capacity (9al/day)- Highest Daily Production (gal/day? 2.5 MGD Total' 1.685,000 Gallons TREATMENT WELL. DATA 8c v c 3 i_' rUg =NttJ� a] 8= .0 ow voc m o ry e Cc ?L10 F>o. oc a«Eo Name 8w- NWell No Fo LLc OQSource 7 4L fn Well#3 8 P Dc Ac F1 1fa 1954 10" 325' 70' 395' 40 80 500 9T Well #4 6 P Dc Ac I I F1 Ya 1966 16" 342' 1 70' 412' 6'2" 13'8 117 Well #5 G P Dc Ac F1 Ya 1970 16" 340' 70' 10' 3'2" 47'1 '125 Well #6 G P Dc Ac F1 Ya 1973 20" 355' 120' 475' '2" 33'7 VT— 1500 717-1 Remarks: "Out of Service Surveyedby: David M. Schultz Approved by: James A. Feddema H EA0842-02 700 117 145: 0 Hutchinson Municipal Water Supply Recommendations: August 4, 1986 1. A solenoid controlled prelubrication line with a valved bypass should be installed to replace the continuous prelubrication line. 2. Approved vacuum breakers shall be installed on all potable water lines with threaded hose bibbs for all pumphouses. 3. The screen door to Pumphouse # 2 should be rehung to open outward. 4. The electrical transformers located in Pumphouse # 2 should be relocated. 5. Undersized mains (less than 6 inches in diameter) should be replaced as the opportunities present themselves. 6. Watermains shall be laid at least 10 feet horizontally from any sanitary sewer, storm sewer or sewer manhole, whenever possible. When local conditions prevent a horizontal • separation of 10 feet, a watermain may be laid closer to a storm or sanitary sewer provided that: a. The bottom of the watermain is at least 18 inches above the top of the sewer. b. Where this vertical separation cannot be obtained, the sewer shall be constructed of materials and with joints that are equivalent to watermain standards of construction and shall be pressure tested to assure watertightness prior to backfilling. 7. The average daily water usage exceeds the guideline of providing a minimum one -day water storage capacity. We recommend that a study be conducted to determine the adequacy of the system and the possible need for increased water storage facilities. 8. All underwater crossings should be pressure tested at least annually. 9. The overflow of the elevated tower should be extended to within 12-24 inches of the ground and be discharged over a splash plate. • Hutchinson Municipal Water Supply August 4, 1986 Recommendations continued: 10. Consideration should be given to providing auxiliary electrical power to operate the waterplant during long periods of power outage. 11. The opportunity for additional training in water supply work should be made available to the operator(s). Attendance at the annual waterworks operators seminar, held in the area, is a valuable experience for anyone engaged in this field. David M. Schultz Public Health Engineer Section of Environmental Field Services Approved: �)ames A. Feddema, R.S. 1Consulting Sanitarian Section of Community Environmental Services 11 0 MINNESOTA DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH •ANALYTICAL DATA Samples Col ected By navia Rehij?t7. Report To d Number Torn, County, Etc. Sampling Point and Source of Sample a Hutchinson, McLeod South Water Tower his line for lab use only. a Sample Number Date Collected 814/86 Time Collected Date Received by Lab Coliform M.P.N./100 mL group Con. Com .O organisms M.F.C./100 mL 0 nic u 1 Barium u 1 Cadmium 1 Chromium 1 Fluoride mall Lead 11 / 1 Mercur1 Nitrate Nitrogen 1 •Residual Chlorine trace Selenium u1 Silver 1 Sodium 1 Gross Alpha Radium Alpha Cranium Alpha FE•00843-02 MINNESOTA DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH '.ANALYTICAL DATA Samples Collected By David Schultz Report To Field Number Town, County, Etc. Sampling Point and Source of Sample Hutchinson McLeod Well #3 Hutchinson, McLeod Well #4 Hutchinson, McLeod Well #6 Idi Hutchinson, McLeod City Hall Hutchinson, McLeod Waste Treatment Plant Hutchinson, McLeod West River Park his line for lab use only. a Sample dumber 16346 Date Collected 8/4/86 Time Collected Date Received by Lab Coliform M.Y.N. 100 mL group Con.0 Com .D organisms M.P.C./100 ml 0 1 0 0 Arsenic "g/1 Barium U 1 Cadmium 1 Chromium 1 Fluoride 1 Lead u /1 Mer cur 1 Nitrate Nitrogen m 1 1-9 Residual Chlorine Selenium )jg11 Silver u 1 Sodium 1 Gross Alpha Radium Alpha Uranium Alpha Radium -228 HE -00943-02 • • HUTCHINSON PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 423 HUTCHINSON, MINNESOTA SSSSO May 14, 1987 Chief Ron Kirchoff Hutchinson Police Department Washington Ave. Hutchinson, MN 55350 Dear Chief Kirchoff: FOR YOUR INFORMATION At the May 12, 1987, regular school board meeting, the Hutchinson School Board reviewed the high school arson problem. On behalf of the school board members and administration, I wish to extend to you our deepest appreciation for your efforts, cooperation and resolution to this very serious threat to our community schools. Please express our appreciation and thanks to those on your staff who assisted with the solution to this problem. Sincer ly, Glenn Matejka Superintendent of Schools cc: /ity Council STRICT OFFICES Gym SVM N.nh Ph..162215417-21160 AREA VOCATIONAL -TECHNICAL INSTITUTE 200 Cenl.ry Avenue Pb.ve 161215875626 JUNIOR HIGH SCHOOL Robes. Rad Pb one 161215873654 SENIOR HIGH SCHOOL HIGH SCHOOL VOCATIONAL CENTEX ELEMENTARY SCHOOL R.be .Ra.6 9502n6 Avenue S..tbe..1 100Glen Sfteel Ph. 161 21 5117-2151 Ph.. 161 21 58 7-6 910 Ph.16M557-2937 EQUAL OPPORTUNITY EMPLOYER (612) 587-5151 ff/TY OF HUTCHINSON CHINSCk MINN. 55s3C NOTICE FOR YOUR INf_ORMATIOR DATED: May 7th, 1987 TO: Contractors FROM: City of Hutchinson Building/Zoning Department RE: Scheduling Inspections In an effort to more effectively schedule inspections, requests for THAT DAY inspections, are to be scheduled between 8:00 - 9:00 A.M. Scheduled In Office Hours are to be 8:00 - 9:00 A.M.; 1:00 - 2:00 P.M. and 4:00 - 5:00 P.M., for plan review, permit application, etc... • No inspections will be conducted during In Office Hours. Your cooperation is appreciated. JM/PV cc: G. Plotz Mayor and City Council 0 CITY OF HUTCHINSON James Marka Bldg./Zoning Department r 1 U At /pAL/Da ry eo alWI-- yore, SUMMARY OF IMPACT OF THE PROPERTY TAX PROVISIONS OF THE OMNIBUS TAX BILL ON COMMERCIAL/INDUSTRIAL PROPERTY TAXES For Taxes Payable in 1988 The Omnibus Tax Bill contains a small business credit that will provide some property tax relief for businesses in greater Minnesota. However, the amount of relief will not even offset the huge increases that have been occurring in many communities since 1986. Some changes in the tax bill will actually increase taxes on many businesses. 1. The House Tax Bill would have targeted nearly $30 million of property tax relief to greater Minnesota. The small business credit approved by the Conference Committee will provide only $15 million of relief for businesses in greater Minnesota. 2. The Conference Committee cut taxes for homeowners and increased taxes on businesses. The tax increases for most medium and large businesses will be significantly greater than any C/I property tax credit they will receive. The increased taxes on businesses will hurt the economic recovery of greater Minnesota. 3. The program in the House Tax Bill that provided the • most targeted relief for businesses in greater Minnesota was the tax base equalization credit. This program was eliminated by the Conference Committee. The Omnibus Tax Bill will increase State taxes by nearly $80 million more than the House Tax Bill, but provides only half the property tax relief for greater Minnesota businesses. For Taxes Payable in 1989 The provisions of the Senate Bill, including a new classifi- cation system, will become effective for taxes payable in 1989. The impact of these changes are unknown and are likely to be affected by additional legislation next year. This summary was prepared to assist the Coalition in determining its position on the 1987 Omnibus Tax Bill. The Coalition will be meeting on Monday, May 18 to determine its position. Prepared by Briggs and Morgan for the Coalition of Outstate Cities 0 May 17, 1987 DAVID B. ARNOLD •CHARLES R. CARMICHAEL MICHAEL B. L[BARON OARY D. M�DOWELL £AYE KNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON DANIEL J. BERENS STEVEN S. NODE LAURA E. FRETLAND CHARLES L. NAIL, JR. DAVID A. BRUEOOEMANN JOSEPH N. PAIEMENT C1 J May 13, 1987 ARNOLD & MCDOWELL ATTORNEYS AT LAW J`'Y SSLI CEDAR "IS ROAD 101 PARK PLACE INNEAPOLIS. MINNESOTA 55410 Mr. James O. Groehler, P.E. Regional Airport Engineer Aeronautics Division Minnesota Department of Transportation Transportation Building St. Paul, Mn. 55155 Re: Hutchinson Airport Our File No. 3188-87-0003 Dear Mr. Groehler: p� MAY 1987 RECE v M BY_•�_ This letter will confirm our telephone conversation of Monday, May ll, 1987. 1 have asked the City Administrator for the City of Hutchinson to furnish to you copies of the appraisals that were performed by James Robinson, a MIA appraiser located in Mankato, Minnesota. we would like to begin discussions with the property owners in the very near future. It has been suggested that perhaps the most appropriate way to proceed is the adoption of a just compensation ordinance or resolution, but based on your suggestion, we will defer such adoption until the May 26, 1987 City Council meeting. If you have any questions or problems in connection with any of the foregoing, you certainly should feel free to contact me. Thank you. G: yours, & McDOWELL rson GBA:lm CC Gary Plotz (5121545.2000 H VTCHIN SON, MINNESOTA 55330 MN TOLL FRSE 000-043-4540 r l (912)567-7575 SOI SOUTH lODRTA STREET RESIDENT ATTORNEY \ INCETON, MINNESOTA 55091 O. BARRY ANDERSON / (510) Ons -9214 ` 9q TENTH STREET EAST n\ LENCOE. MINNESOTA 55330 1 �l (912) 551•Slll VYT (�� o�>121 141 Mr. James O. Groehler, P.E. Regional Airport Engineer Aeronautics Division Minnesota Department of Transportation Transportation Building St. Paul, Mn. 55155 Re: Hutchinson Airport Our File No. 3188-87-0003 Dear Mr. Groehler: p� MAY 1987 RECE v M BY_•�_ This letter will confirm our telephone conversation of Monday, May ll, 1987. 1 have asked the City Administrator for the City of Hutchinson to furnish to you copies of the appraisals that were performed by James Robinson, a MIA appraiser located in Mankato, Minnesota. we would like to begin discussions with the property owners in the very near future. It has been suggested that perhaps the most appropriate way to proceed is the adoption of a just compensation ordinance or resolution, but based on your suggestion, we will defer such adoption until the May 26, 1987 City Council meeting. If you have any questions or problems in connection with any of the foregoing, you certainly should feel free to contact me. Thank you. G: yours, & McDOWELL rson GBA:lm CC Gary Plotz 0 Nlinnesota CG)C Coalition of OL May 15, 1 Dear Representative Vanasek: FOR YOUR INFORMATION es I am writing to you because you represent at least one of the cities in the Minnesota Coalition of Outstate Cities. Many of our communities have serious economic problems and high property taxes are making those problems worse. By 1988, mill rates in many of our cities will be 30 to 50 mills higher than they were in 1986. We came to the legislature with a reasonable request for property tax relief. Our original proposal took money from no one. This request was not even heard by. the Senate, and despite . the extraordinary efforts, of outstate legislators, produced only minimal property tax relief in the House Tax Bill. Our constituents and yours know that our needs are being ignored by the legislature. You will probably be asked to vote for a $700 million state tax increase that will do little or nothing to offset the huge property tax increases in greater Minnesota. Mayors and city managers from many of our cities will be at the Capitol on Monday to seek your support for the property tax relief needs of greater Minnesota. The need for relief is so urgent that it must be provided this year. Sincerely, i Mayor Earl Lau enburger, Winona Chairman, Coalition Legislative Committee Mayor William Gill, Northfield President, Coalition of Outstate Cities • cc: Mayors and City Councils of Coalition Member Cities 0 BURNS MANOR MUNICIPAL NURSING HOME REPORT OF EARNINGS AND EXPENSES FOR YOUR INFORMATION MEMO # nd Payment Due by December 31st ccounts Receivable 90,000.00 119,592.73 100,000.00 122,125.48 March 1986 March 1987.. 1986 thru Mar. 31st 1987 thru Mar. 31st INCOME FROM RESIDENTS (NET)........... OPERATING EXPENSES: Administration & General........... Maintenance & Operations........... Dietary ............................ Laundry & Linen .................... Ousekeeping ....................... Nursing Services ................... Other Services ..................... TOTAL OPERATING EXPENSES........ OPERATING INCOME BEFORE DEPRECIATION.. Depreciation ....................... NET OPERATING INCOME .................. OTHER INCOME .......................... Sub -Total .......................... INTEREST & BOND EXPENSES .............. NET GAIN or (LOSS) .................... 182,895.62 163 619.06 536 425.18 510 506.89 25,341.90 36,840.91 84,323.47 96,722.40 48,179.15 15,435.15 13,726.85 49,821.67 29,626.22 21,414.54 77,389.16 70,995.89 8,316.39 8,358.74 25,098.36 23,863.08 8,980.06 10,722.53 25,812.41 31,102.23 76,906.24 .78,460.86 230,039.01 232,070.25 4,163.22 °3,841.19 14,596.36 12,447.26 168,769.18 173,365.62 507,080.44 515,380.26 14,126.44 (9,746.56) 29,344.74 (4,873.37) 4,380.00 4,503.00 13,140.00 13,509.00 9,746.44 (14,249.56) 16,204.74 (18,382.37) 1,881.30 1,452.92 9,573.74 4,985.94 11,627.74 (12,796.64) 25,778.48 (13,396.43 744.17 391.67 2,232.51 1,175.01 10,883.57 (13,188.31) 23,545.97 (14 571.44 MEMO # nd Payment Due by December 31st ccounts Receivable 90,000.00 119,592.73 100,000.00 122,125.48 (612) 587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 May 19, 1987 MEMORANDUM TO: MAYOR AND CITY COUNCIL •+a�• a r • r io ■ •!•a FOR YOUR INFORMA77 01Y NAME ADDRESS JOB TITLE Kent Leske Rt. 3, Hutchinson Park Maintenance Matthew Larsen Hutch3nso n Park Maintenance Kristine Roepke 564 Hassan, Hutch Park Maintenance Susan Hoikka R4, Maryview, Hutch Park Maintenance Anthony Parsons 530 Larson St., hutch Park Maintenance • Brian Ebent 472 Hwy 7 E., Hutch Park Maintenance Brian Knudsen 1105 Rmcdall Road, Hutch Park Maintenance David Hansen 690 Lakewood Drive, Hutch Paris Maintenance Denise Batmann 615 r 5th Ave SW, Hutch Swiimsing Scott Baumann 615 -• 5th Ave SW, Hutch Swimming Mark Wetterli.ng Rt 4, Hutch Swimming Eri7dca Conklin 430 - 4th Ave SW, Hutch Stunning Mardi Miller 714 Shady Ridge, Hutch -swimming Michelle Carrigan 15 - 5th Ave NE, Hutch Swimming Jennifer Kern Buffalo Lake Swimdng Donna Bordson 45 N high Drive, HXtch Sswimtting Joanna Koenen 488 Prospect T -Ball Margaret Mueller 303 Southvi:ew, Hutchinson T -Ball Lori Galles 734 Harrington, Hutchinson T -Ball Andy Rostberg 214 Grove St, Hutch Baseball Patrick Mooney 930 Goebel Circle, Hutch Baseball Russell Jonas 1055 Jorgenson, Hutchinson Baseball Holly J(hes 610 Roberts Road, Hutch Tiny Tots Betsy Seivert 390 W. Pishnew, Hutch Tiny Tots Marsha Hantge Hutch Playground Judy Jensen 400 College, Hutch G mmastics Some new employees; sane returning frau previous year(s). 0 Pay Rate: T1 through T4, depending on duties 1 1� I -t_ ._ C-•. •�� .• • •• • • ••ilii;• • 0"(612)587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 FOR YOUR MFORMATIfa May 19, 1987 MEMORANDUM TO: MYOR AND CITY C0=1L 7 y I• • i� ■ William Driscoll Joel Raddatz Dave Ladd Tan Scott Paul Thogg on Sheila Ruff 1116 Sherwood, Hutch Rt. 3, Hutchinson 965 Osgood, Hutch 525 Larson, Hutch 1096 Jorgenson St, Hutch 905 Church St., Hutch RR 1, Silver Lake Some new employees; sane returning from previous year. Pay Rate: T2 1 • : • • 7i' •. I71 • a•: I • •. •• • • DID • 71' • 171 • • I• • 1 a• ■ • •.• 7I `171 7 • ' ',• M '\ DepartmentsUead nXf Personnel Cdordinator .., Ri•7:T+�r�7�1 Street Maintenance Street Maintenance Water Dept. Wastewater Treatment Wastewater Treatment cemetery Cemetery 0 0 • 11 NAME EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL . Robert Streich JOB TITLE Custodian - Senior Center FOR YOUR INFORMATION DATE May 18, 1987 ADDRESS Hutchinson SUPERVISED BY Barb Haugen' BruOe Ericson EMPLOYMENT STATUS NEW EMPLOYEE PAY RATE T3 FULL TIME X OTHER: Green Thi _PART TIME OR SEASONAL Half time • a• T-0,�-_. _! - ht—_! �! sir• • AG -M unt gal - - r At end of contract (Juhe 1) will transfer to part time budgeted oavroli. THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS. Le���-- DE���ppp"'ARTMEAT- HEAD �-r PERSONNEL COORDINATOR 11 LJ • MINUTES MCLEOD REGIONAL RAIL AUTHORITY MAY 14. 1987 Members Presents Sheldon Mies, Chairman Leslie Forman Larry Graf Anchor Nelsen Howard Christensen Milo Kubasch Dean Oleson Others Presents Ilsl Loesoh, MM/DOT Ron MoGraw, Attorney Jerry Ross, Dakota Rail �\ Cathy Nevann, Leader \ Hazel 3itz, City Chairman Sheldon Nies called the meeting to order at 7:30 a.m. at Country Kitchen, Hutchinson. Niautes of the Annual Meeting of December 109 1986r were approved on a motion by Larry Graf, seconded by Howard Christensen and carried unanimously. Anchor Nelson and Ron McGraw discussed the status of a grant application being prepared by MN/DOT for State and Federal assistance for the railroad. At this time, the Rail Authority should reaffirm its previous position stating it wants the first option to control the railroad in the event of failure of the present operator. The State must affirm this in the grant application. MoLeod County Commissioners have taken a position oonfirming county support; Hutchinson City Council will be providing a letter of support. HN would cease rail operations if railroad were returned to them. Jerry Ross reported the rail line is in better shape than for 30+ years. Ties, rail and rook have been added this winter and rehabilitation is about a year abead of schedule due to the mild winter. Shipper participation is good and tonnage picking up. The line should be up to 25 mph later this year. The grant would provide cash needed for continued upgrade which will take about 2 years more to complete. Ross encourages the support of communities on the line to develop commuter line in the future. MOTION was made by Anchor Nelsen, seconded by Les Forman and carried unanimously to authorize a letter of confirmation to MN/DOT of the Rail Authority's support of the railroad and its request for first option to control the railroad if financial problems should occur with the present operator. Meeting adjourned at 7:55 a.m. /has 1 FOR YOUR INFORMATION THE HUTCHINSON SAFETY COUNCIL The Hutchinson Safety Council met on April 27, 1987 at the Fire Hall at 12:00 noon. Present were 13 members. The meeting was called to order by President Warren Kempfert. We observed a moment of silent prayer. The minutes of the March meeting were approved as presented. The treasurer's report was also approved as presented. For old business, Marlin Torgerson reported that no word has been received regarding Les Linder's request for additional traffic lights. John Renyolds has been contacted concerning the Senior Class Graduation Party gift, and has said he will take care of it. George Field reported on the Health Fair at the mall. The radio -controlled unit which he used there was very successful. A question as to when the stop lights near Happy Chef will be running was asked. It was reported that the Minnesota Department of Transportation is holding up this project but that it should be very soon. For new business, Warren Kempfert presented some information on a No -Max • fabric from Dupont which is a fabric used to prevent burns. He has offered to present information on how the fabric is used and purchased at a future meeting. There were several questions regarding the product. President Kempfert also reminded us to consider whether we wish to continue our booth at the county fair. There was no discussion on this matter. The meeting was adjourned. Our next meeting will be May 18, 1987 at 12:00 noon at the Fire Hall. Submitted by: Patty Stallman, Secretary/Treasurer TREASURER'S REPORT: Balance on hand as of 4/27/87 Balance on hand as of 5/18/87 Savings balance as of 5/18/87 $152.81 $152.81 $154.10 Prior to our April meeting, Monica Maiers, Safety Coordinator at 3M 0 presented an informative talk on the safety program at 3M.