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cp10-23-1984 cHUTCH INSON CITY CALENDAR WEEK OF October 21 'TO October 27 1984' WEDNESDAY -24- 10:00 - 11 :00 A.M. - City Staff Meeting of Directors at City Hall 5:30 P.M. - Hospital Board Meeting at Hospital SUNDAY -21- THURSDAY -25- 3:30 P.M. - Nursing Home Board Meeting at Burns Manor MONDAY -22- FRIDAY -26- UOMEXENGNJ: MARLOW V. PRIEBE - Oct. 24 -26 Engineers Conference DEAN O'BORSKY - Oct. 22 -26 International Chiefs Assoc. Convention in Salt Lake City TUESAY -23- 7 :30 P.M. - City Council Meeting at City Hall SATURDAY -27- F r OCTOBER 23, 1984 CITY OF HUTCHINSON ISSUE NO. 2 FRANK FAY PROJECT There has been no movement on the Parkview (Hotel) Project. In regards to industrial revenue bonds, Frank will be waiting until the 1985 calendar year allocation. RECYCLING PROJECT John Bernhagen is meeting with West Central Industries next week to start drawing materials together for a low- interest loan application. John will be on the November 13 Council meeting agenda for a report. Junker Sanitation has been notified of our intent to proceed with the project and, further- more, has been requested to respond by October 31 if he has anv objection. There has been no response to date. OPTION ON POLICE STATION SITE The City Attorney and I met with Bob and Jim Wendorff regarding the option on their property. We requested a six month option, but the Wendorffs would not go any further than three months. OVER 500 NOTICES FOR STREET OVERLAY PROJECTS The cover letter that over 500 residents will receive on the 1985 overlay project is at- tached. If you have any comments, please let me know. MOVING 30,000 LIBRARY BOOKS At our staff meeting we discussed that a major work activity will be the moving of the li- brary books. Ralph Bergstrom has advised me that we should begin moving the books Thursday, October 25. The task will be shared between the Parks and Street Departments. VIC SWANSON HIRES ATTORNEY ON JABLINSKI FENCE SETTLEMENT - INDUSTRIAL PARK Vic Swanson has retained Ron McGraw, and I have been requested to not install the fence. -OVER- i Our insurance consultant has advised me that we should not install the fence until we re- ceive a "release from any future claims" from both Vic Swanson and Erland Jablinski. On Monday Ron McCraw called and stated there is no agreement among the parties and to post- pone action on the fence. DOWNTOWN SPRINKLER MEETINGS George Field has scheduled the first block meeting regarding downtown sprinkling. The meet- ing will be November 1, 7:00 P.M. at the Fire Station, and the block will be the west side of Main between Washington Avenue West and First Avenue Northeast. -2- -� (�2) 587.5151 -_ • HarcY, CITY OF HUTCHINSON 37 V.'aSH ?NG r0%, 4VENUE WFS r M E M 0 J�� DATE: October 15th, 1984 TO: Property Owners FROM: City Administrator . 0i RE: Street Improvement with a Plant Mix Overlay The streets listed in the enclosed Publication Notice No. 3330, should have a Plant Mix Overlay. It may appear that your street is in good condition. However, over the years, there has been wear and tear on the street that should now be rectified to prevent mayor re- construction in the future. The overlay would be 3/4 inch thick and would preserve the street approximately twenty (20) years. Again, without the overlay seal, we anticipate the street will accelerate in the deterioration process. The cost to preserve the street is as follows: Total Actual Cost = $5.00 per front foot City Contribution = -2.00 (financed by city -wide taxation) Property Owners Net Cost = $3.00 Your cost is $3.00 per front foot. This is a relatively small investment to make at this time. Reconstruction of the street, at today's prices, is $26.00 per front foot. In terms of an average 70 foot lot in width, the $3.00 would amount to $210. The City pays $140 to accomplish the task. The City has low interest financing over 10 years. This amounts to $21.00 in principal each year plus interest on the unpaid balance. Please consider this overlay project as a joint investment in your street. Thank you. Sincerely, CITY OF HUTCHINSON Gary Plotz City Administrator GP /pv enclosure AGENDA . REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 23, 1984 A. Call to Order - 7:30 P.M. /2. Invocation - Reverend Harold E. Kelm V3. Consideration of Minutes - Regular Meeting, of October 9, 1984 and Bid Opening of October 12, 1984 Action - Approve as presented - Approve as amended ,/4. Routine Items v(a) Reports of Officers, Boards and Commissions 1. Financial Renort - September 1984 2. Planning Commission Minutes dated September 18, 1984 3. Tree Board Minutes dated Sentember 26, 1984 4. Library Board Minutes dated October 8, 1984 and October 16, 1984 Xb) Consideration of Application for Snow Removal Permits 1. Jim Haasl 2. Ron Hansen 3. Douglas Peterson 4. Ronald Doring -�c) Resolution No. 7894 - Resolution Accepting Pledged Security from First State Federal Savings & Loan Association Action - Motion to accept report and minutes and to issue permits and to adopt Resolution 5. Public Hearina - 8:00 P.M. ✓(a) Subdivision Imnrovenent projects A. Project No. ,11. Project No. ✓3. Project No. ✓4. Project No. /5. Project No. ,/6. Project No. Action - Motion . Motion to waive 85 -01 -26 85 -01 -27 85 -01 -28 85 -01 -29 85 -01 -30 85 -01 -31 to close hearing - Motion to reject - Motion to approve reading and adopt Resolution(s) COUNCIL AGENDA • • OCTOBER 23, 1984 6. Communications, Requests and Petitions ,/(a) Consideration of 1985 Request for Assistance At Fair Grounds Action - ,/(b) Consideration of Request for Personnel /Transit Coordinator to Attend Minnesota Public Transit Conference October 30, 31 and November 1, 1984 Action - Motion to approve - Motion to reject ,/(c) Presentation from Recreation Facility Building Committee On Recommendation of Architect for Recreation Facility Action - v/ d) Consideration of Request to Purchase Replacement Printer for Engineering Department Action - Motion to reject - Motion to approve purchase 7. Resolutions and Ordinances s • Ja) Resolution No. 7897 - Resolution Relating to $500,000 General . Obligation Recreation Center Bonds, Series 1984; Authorizing the Issuance And Calling for the Public Sale Thereof Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution 8. Unfinished Business Aa) Consideration of Awarding Demolition Bids for West River Park Structures (DEFERRED OCTOBER 12, 1984) Action - Motion to reject - Motion to approve and award bids ,/(b) Discussion of Sliding Scale for Engineering and Administration Fees Action - ,/(c) Consideration of Option On Wendorff Property At 6 North Franklin Street Action - Motion to reject - Motion to approve and authorize signing contract VJ d) Consideration of Sealing Wells On LAWCON Grant Project Site Prior to Demolition of Structures (DEFERRED OCTOBER 9, 1984) • Action - Motion to reject - Motion to approve 2 COUNCIL AGENDA OCTOBER 23, 1984 • ✓(e) Consideration of Request by 45 Library Square Partnership for Five Foot Easement To Rear of Bretzke Building Facility for Protection of Utility Meters and Maintaining Entrance (DEFERRED OCTOBER 9, 1984) Action - Motion to reject - Motion to approve easement - Motion to waive first reading of Ordinance and set second reading for November 13, 1984 ,(f) Consideration of Council Policy On Minute - Taking At Workshops and Directors Meetings Action - 9. New Business via) Consideration of Violation of Zoning Ordinance and Old Shed At 895 Dale Street Action - ,�b) Consideration of Transfer of Bond Issuance Authority to City of Ortonville . Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution and enter into Allocation Agreement ✓ic) Consideration of Appointment of PERA Interim Director Action - Motion to adopt Resolution ✓(d) Review of Liquor License for T. L. Scalawags, Inc. Action - Motion to reject - Motion to approve amending liquor license vie) Consideration of Application for Deferred Special Assessments by George Luthens Action - Motion to reject - Motion to approve deferred special assessments and file with County Auditor ✓tf) Consideration of Rental Agreement Contract for Community Development Office Action - Motion to reject - Motion to approve and sign contract �1(g) Consideration of Transformer Pad Installation On City Parking Lot (Former Hazel Baseman Property) . Action - Motion to reject - Motion to approve installation 3 COUNCIL AGENDA OCTOBER 23, 1984 0 ,/(h) Consideration of Recommendation of Library Board for Temporay • Facilities And Six -Month Lease At Century 21 Building Action - Motion to reject - Motion to approve lease agreement J(i) Consideration of Ken Tenney to Install A Street Or Vacate Street Right -Of -Way Action - ,/(j) Consideration of Subdivision Agreement for Orchard Park First Addition Action - Motion to reject - Motion to approve and authorize signing subdivision agreement /(k) Consideration of Correspondence from Minnesota Coalition of Outstate Cities Regarding Options On Lobbying Action - /1) Consideration of Conditional Use Permit Submitted by Gordon Hedlund with favorable recommendation of Planning Commission, with Contingency . Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7885 ✓(m) Consideration of Conditional Use Permit Submitted by Kenneth Norton with favorable recommendation of Planning Commission, with Contingencies Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7886 /n) Consideration of Conditional Use Permit Submitted by Vicki Hoeft with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7887 &4o) Consideration of Sign Variance Submitted by B & F Investments (Century 21) with unfavorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (p) Consideration of Variance As Submitted by Erickson Oil Company with favorable recommendation of Planning Commission • Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7888 4 COUNCIL AGENDA OCTOBER 23, 1984 ✓(q) Consideration of Conditional Use Permit Submitted by Paul Betker with unfavorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution d(r) Consideration of Final Plat for Helland's Sixth Addition with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7889 ,Is) Consideration of Final Plat for Orchard Park First Addition with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7890 ,(t) Consideration of Final Plat for Bethke's Rolling Greens Third Addition with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7891 • Au) Consideration of Final Plat for Lakewood Terrace Fourth Addition with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7892 ✓iv) Consideration of Petition for Annexation As Submitted by Dennis K. Albertson with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 7893 Vtw) Consideration of Request for Rezoning of Lot In David Lee Acres Submitted to County Action - Motion to reject - Motion to approve ✓(x) Consideration of Mac's Bluff Addition (Project No. 85- 01 -34) by Ordering Engineer's Report, Receiving Report And Setting Hearing Date Action - Motion to reject - Motion to accept report and set hearing for November 12, 1984 at 8:00 P.M. - Motion to waive reading and adopt Resolutions No. 7895 and No. 7896 • /(y) Consideration of Watermain On Oak Street Action - Motion to reject - Motion to approve 5 COUNCIL AGENDA OCTOBER 23, 1984 Consideration of Sanitary Sewer Service • Action - Motion to reject - Motion to approve 10. Miscellaneous ,/(a) Communications from City Administrator ✓ib) Communications from City Engineer ✓(c) Communications from City Attorney 11. Claims, Appropriations and Contract Payments ,/(a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment E • MINUTES • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 9, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Absent: Alderman John Mlinar. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Harold E. Kelm. 3. MINUTES The minutes of the regular meeting of September 25, 1984 and bid openings of September 20, 1984 and October 4, 1984 were approved as presented. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 1984 2. NURSING HOME BOARD MINUTES DATED AUGUST 23, 1984 AND SEPTEMBER 12, 1984 3. PARKS & RECREATION BOARD MINUTES DATED SEPTEMBER 5, 1984 4. LIBRARY BOARD MINUTES DATED OCTOBER 4, 1984 (b) RESOLUTION NO. 7878 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Torgerson, to accept the report and minutes and to waive reading and adopt Resolution No. 7878. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) CONTINUED PUBLIC HEARING - CONSIDERATION OF AMENDING TAX INCREMENT FINANCING PLAN (DISTRICT NO. 4) The public hearing was called to order at 8 :00 P.M. Following discussion, Alderman Torgerson moved to continue the hearing indefinitely. The motion was seconded by Alderman Mikulecky and carried unanimously. 1 COUNCIL MINUTES OCTOBER 9, 1984 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR STREET LIGHT ON EAST PISHNEY LANE Following discussion, the motion was made by Alderman Mikulecky, seconded by Alderman Torgerson, to approve the street light and refer the request to the Hutchinson Utilities. Motion unanimously carried. (b) CONSIDERATION OF, REQUEST FOR PARKS AND RECREATION DIRECTOR TO ATTEND ANNUAL MINNESOTA RECREATION & PARK ASSOCIATION CONFERENCE NOVEMBER 28- 30, 1984 After discussion, Alderman Torgerson moved to approve attendance at the conference. Motion seconded by Alderman Carls and carried unanimously. (c) COMMUNICATION FROM MR. & MRS. LEE CHENEY REGARDING CUTTING GRASS ON CITY PROPERTY Following discussion, it was moved by Alderman Carls, seconded by Alderman Torgerson, to approve payment of $30 to Mr. & Mrs. Lee Cheney. Motion unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7879 - RESOLUTION CHANGING NAME OF HUTCHINSON MUNICIPAL AIRPORT It was moved by Alderman Torgerson to waive reading and adopt Resolution No. 7879. Alderman Mikulecky seconded the motion, and it carried unanimously. (b) RESOLUTION NO. 7881 - RESOLUTION ACCEPTING $62,500 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolutin No. 7881. Motion unanimously carried. (c) RESOLUTION NO. 7882 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION Alderman Torgerson made the motion to waive reading and adopt Resolution No. 7882. Motion seconded by Alderman Mikulecky and carried unanimously. (d) ORDINANCE NO. 21/84 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRITORY • BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON It was moved by Alderman Carls, seconded by Alderman Torgerson, to 2 COUNCIL MINUTES OCTOBER 9, 1984 waive the second reading and adopt Ordinance No. 699. Motion unanimously carried. (e) ORDINANCE NO. 22/84 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion was made by Alderman Torgerson to waive the second reading and adopt Ordinance No. 700. Alderman Mikulecky seconded the motion, and it carried unanimously. (f) ORDINANCE NO. 23/84 - ORDINANCE AMENDING SECTION 235:05 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED HOSPITAL BOARD RELATING TO APPOINTMENTS AND TERMS Alderman Carls moved to waive second reading and adopt Ordinance No. 701. The motion was seconded by Alderman Torgerson and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR LIBRARY ADDITION (DEFERRED OCTOBER 4, 1984) . Following discussion, it was moved by Alderman Torgerson to accept the recommendation from the Library Board and Architect John Korngiebel and to award the bids to: E. J. Pinske Builders, Inc. at $410,582 (alter- nate 2) for general work; Krasen Plumbing & Heating at $114,795 for mechanical work; and McNerney Industries at $56,000 for electrical work. Alderman Mikulecky seconded the motion and it carried unanimous- ly. (b) CONSIDERATION OF CITY PURCHASING PROPERTY AT 6 NORTH FRANKLIN STREET After discussion, Alderman Torgerson moved to authorize the City Admin- istrator to negotiate an option with the Wendorffs for purchase of the property at 6 North Franklin Street. The motion was seconded by Alder- man Carls and unanimously carried. (c) CONSIDERATION OF REJECTING TWO BIDS RECEIVED SEPTEMBER 20, 1984 FOR DEMOLITION OF WEST RIVER PARK STRUCTURES Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to reject the two bids. Motion carried unani- mously. (d) DISCUSSION OF 1985 IMPROVEMENT PROJECTS FOR LYNDALE AVENUE AND PROJECT NO. 85 -01 -24 (DEFERRED SEPTEMBER 25, 1984) After discussion, it was moved by Alderman Carls to set a hearing date of November 13, 1984 at 8:00 P.M. for Project No. 85- 01 -24, to include Lyndale Avenue, and to waive reading and adopt Resolution No. 7884. 3 COUNCIL MINUTES • • OCTOBER 9, 1984 The motion was seconded by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF MERIT INCREASE FOR HOURLY AND SALARIED EMPLOYEES (DEFERRED SEPTEMBER 25, 1984) Following discussion, the motion was made by Alderman Carls to approve the recommendations of merit increases for hourly employees, including the Police Chief's recommendation for secretary, and excluding the recommendation for Assistant to the Engineer. Alderman Torgerson seconded the motion. After further discussion, Alderman Carls amended his motion to eliminate the recommendation for three full -time liquor store clerks. The amended motion was seconded by Alderman Torgerson and unanimously carried. The motion carried unanimously. Alderman Mikulecky moved to reject merit increases for salaried employees. Alderman Carls seconded the motion, and it carried, with Aldermen Carls, Torgerson and Mikulecky voting aye and Mayor Stearns voting nay. (f) CONSIDERATION OF SEALING WELLS ON LAWCON GRANT PROJECT SITE PRIOR TO DEMOLITION OF STRUCTURES (DEFERRED SEPTEMBER 25, 1984) After discussion, Alderman Torgerson moved to table the item to the next Council meeting for a report from the City Engineer. The motion was seconded by Alderman Carls and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF AUTHORIZATION TO PROCEED WITH CHAPTER 429 PROCESS FOR INSTALLATION OF SIDEWALK, CURB AND GUTTER, AND SURFACING ALONG HASSAN AVENUE BETWEEN WASHINGTON AVENUE EAST AND FIRST AVENUE S.E. ADJACENT TO LIBRARY (PRESENTATION BY JOHN KORNGIEBEL) Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to defer action to the next City Council meeting. Motion carried unanimously. (b) CONSIDERATION OF REQUEST BY 45 LIBRARY SQUARE PARTNERSHIP FOR FIVE FOOT EASEMENT TO REAR OF BRETZKE BUILDING FACILITY FOR PROTECTION OF UTILITY METERS AND MAINTAINING ENTRANCE After discussion, Alderman Carls moved to defer the item to the next Council meeting. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF AUTHORIZING PREPARATION OF DOCUMENTS AUTHORIZING SALE OF $500,000 IN GENERAL OBLIGATION BONDS FOR RECREATION BUILDING AND POOL PROJECT Alderman Mikulecky made the motion to approve the sale and authorize preparation of documents for a bond bid opening date of November 13, 1984. Alderman Torgerson seconded the motion, and it carried unanimously. 4 i COUNCIL MINUTES • • OCTOBER 9, 1984 (d) CONSIDERATION OF ACCEPTING 1984 CITY AUDIT PROPOSAL FROM CHARLES BAILLY & COMPANY Alderman Torgerson moved to approve the audit proposal from Charles Bailly & Company. Motion seconded by Alderman Carls and unanimously carried. (e) CONSIDERATION OF REFUNDING BUILDING PERMIT FEE TO LARRY ASHWILL Following discussion, the motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve the refund to Larry Ashwill. Motion carried unanimously. (f) CONSIDERATION OF OFFER BY LEONARD GORES TO PURCHASE WEST RIVER PARK STRUCTURE After discussion, Alderman Carls moved to reject the offer of purchase from Leonard Gores. The motion was seconded by Alderman Mikulecky and unanimously carried. (g) CONSIDERATION OF RESOLUTION TO ALLOW RECYCLING WITHIN CITY OF HUTCHINSON • Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve recycling within the City of Hutchinson and to waive reading and adopt Resolution No. 7880. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the need to purchase a new snow plow. Funding would come from the contingency fund ($600) and from the sale of an old western plow (approximately $500). Alderman Carls moved to approve the purchase of a new snow plow. The motion was seconded by Alderman Mikulecky and unanimously carried. Administrator Plotz reviewed some of the informational items in the Council packet, including a Resolution to authorize the issuance of a $600,000 industrial development revenue note to Ag Systems. Alderman Carls made the motion to approve and to waive reading and adopt Resolu- tion No. 7883. The motion was seconded by Alderman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM DIRECTOR OF Director Priebe made reference to a subdivision agreement for Orchard • Park First Addition which will be formally approved at the next Council meeting. He also reported on the ground storage reservoir at the water treatment plant. I COUNCIL MINUTES OCTOBER 9, 1984 (c) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls commented on the employee evaluations and stated he thought the Directors should be allowed to evaluate the City Administrator, using the same evaluation process method. (d) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS Mayor Stearns commented on the memorandum prepared by the City Attorney regarding the open meeting law and taking of minutes. He requested this issue be placed on the October 23, 1984 Council agenda for deter- mination of what policy the Council will adopt. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously, to approve the claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:10 P.M. 0 • Ll MINUTES BID OPENING FRIDAY, OCTOBER 12, 1984 The bid opening was called to order by City Administrator Plotz at 2:00 P.M. The following were present: City Administrator (:* D. Plotz and Administrative Secretary Marilyn Swanson. The reading of Publication No. 3319, Advertisement for Demolition Bids, was given by Administrator Plotz. The following bids were received and opened: (a) (b) 427 1st 447 1st 515 1st 515 1st 613 2nd 623 2nd 645 2nd 679 2nd Ave. SE Ave. SE Ave. SE Ave. SE Ave. SE Ave. SE Ave. SE Ave. SE 45 Erie Erickson 6 Templin $2,475 $1,835 $1,870 $1,270 $2,850 $1,835 $1,580 $1,850 $1,950 Hutchinson, MN Juul. Contracting 2,516 2,041 2,070 1,374 3,075 2,117 1,795 1,992 1,374 Hutchinson, MN Don Rettman Const. 2,120 1,400 1,800 1,100 2,100 1,980 1,350 2,150 2,100 Darwin, MN ncQrson Earth- 3,400 3,400 -- 3,400 1,700 3,400 3,400 3,400 3,400 movers Inc. Litchfield, MN The bids were referred to the City Engineer for review and a recommendation to the City Council for their October 23, 1984 meeting. There being no further business, the bid opening adjourned at 2:20 P.M. 0 9 0 '3, r� 1599.70 24191.23 28366.00 4174.77 0.85 '• • 7625.95 85384.62 108808.00 23423.38 0.78 SEPT. CITY OF HUTCHINSON FINANCIAL REPORT - 1984 SEPT. REVENUE REPORT - GENERAL FUND SEPT. YEAR TO ADOPTED BALANCE PERCENTAGE . ACTUAL DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 455053.61 1103339.00 648285.39 0.41 LICENSES 6300.00 16348.25 15050.00 - 1298.25 1.09 PERMITS AND FEES 8442.26 74596.33 38800.00 - 35796.33 1.92 INTER - GOVERNMENT REVENUE 187250.78 587231.38 905083.00 317851.62 0.65 CHARGES FOR SERVICES 19079.00 217916.50 349111.00 131194.50 0.62 FINES & FORFEITS 2174.27 20846.84 23000.00 2153.16 0.91 MISCELLANEOUS REVENUE 14783.98 142582.17 176915.00 34332.83 0.81 CONTRIBUTIONS FROM OTHER FUNDS 0.00 167510.92 423000.00 255489.08 0.40 REVENUE FOR OTHER AGENCIES - 3644.48 144.62 200.00 55.38 0.72 TOTAL 234385.81 1682230.62 3034498.00 1352267.38 0.55 EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 1599.70 24191.23 28366.00 4174.77 0.85 CITY ADM. /CITY CLERK 7625.95 85384.62 108808.00 23423.38 0.78 ELECTIONS 2039.03 3625.30 13950.00 10324.70 0.26 FINANCE 9941.18 125376.41 165188.00 39811.59 0.76 MOTOR VEHICLE 4300.80 46200.28 62301.00 16100.72 0.74 ASSESSING 0.00 0.00 18164.00 18164.00 0.00 LEGAL 1925.00 25557.75 30033.00 4475.25 0.85 PLANNING 205.92 1055.54 3275.00 2219.46 0.32 WITY HALL 2835.56 33704.30 44279.00 10574.70 0.76 POLICE DEPARTMENT 46999.25 476346.02 591254.00 114907.98 0.81 FIRE DEPARTMENT 7040.55 44168.95 69205.00 25036.05 0.64 COMMUNITY SERVICE OFFICER 2471.43 22023.24 32359.00 10335.76 0.68 PROTECTIVE INSPECTIONS 3088.00 33492.30 57238.00 23745.70 0.59 CIVIL DEFENSE 25.25 402.85 1075.00 672.15 0.37 SAFETY COUNCIL 0.00 0.00 150.00 150.00 0.00 FIRE MARSHALL 2354.49 26966.80 43035.00 16068.20 0.63 ENGINEERING 9832.61 115707.95 153064.00 37356.05 0.76 STREETS & ALLEYS 21649.79 250176.12 324850.00 74673.88 0.77 STREET MAINTENANCE A/C 6773.14 53059.03 69700.00 16640.97 0.76 LIBRARY 12007.25 50457.83 56494.00 6036.17 0.89 SENIOR CITIZEN CENTER 4816.09 33140.76 29732.00 - 3408.76 1.11 PARK /REC. ADMIN. 4801.74 47572.90 57617.00 10044.10 0.83 RECREATION 4640.69 70406.64 82085.00 11678.36 0.86 CIVIC ARENA 7752.16 98280.82 120730.00 22449.18 0.81 PARK DEPARTMENT 22428.14 266174.66 280551.00 14376.34 0.95 CEMETERY 2202.92 27060.08 37859.00 10798.92 0.71 COMMUNITY DEVELOPMENT 582.98 13364.00 14650.00 1286.00 0.91 LAWCON 5170.11 124919.53 67124.00 - 57795.53 1.86 DEBT SERVICE 0.00 92073.35 101643.00 9569.65 0.91 AIRPORT - 9516.12 39619.84 61425.00 21805.16 0.65 TRANSIT 3917.33 51655.91 72394.00 20738.09 0.71 UNALLOCATED 5773.56 111888.02 235900.00 124011.98 0.47 `TOTAL 195284.50 2394053.03 3034498.00 640444.97 0.79 REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 983.00 29969.00 0.00 - 29969.00 0.00 WATER SALES 45364.07 330085.43 424600.00 94514.57 0.78 WATER METER SALES 686.00 4377.25 5000.00 622.75 SEPT. REFUSE SERVICES CITY OF HUTCHINSON FINANCIAL REPORT - 1984 SEPT. 0.78 SEWER SERVICES 61451.80 ENTERPRISE FUNDS 69657.36 0.87 PENALTY CHARGES . REVENUE REPORT - LIQUOR FUND SEPT. YEAR TO ADOPTED BALANCE PERCENTAGE 15284.75 40000.00 24715.25 ACTUAL DATE ACTUAL BUDGET REMAINING USED - 3675.00 LIQUOR SALES OTHER 28902.75 257221.69 476100.00 218878.31 0.54 TOTAL WINE SALES 1017034.28 8273.13 74733.90 121900.00 47166.10 0.61 BEER SALES 44857.25 445319.45 552000.00 106680.55 0.81 BEER DEPOSITS OPERATIONS - 231.27 - 654.20 0.00 654.20 0.42 WATER MISC. SALES 193675.93 1578.17 16092.86 0.00 - 16092.86 27632.89 301727.05 INTEREST - 109027.05 548.54 4045.73 122445.57 956109.36 1394969.00 438859.64 CASH DISCOUNTS - 164.20 - 1429.26 0.00 1429.26 TOTAL 83764.37 795330.17 1150000.00 354669.83 0.69 EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 8624.43 98898.52 121070.00 22171.48 0.82 SUPPLIES, REPAIR & MAINTENANCE 65.70 2127.24 4400.00 2272.76 0.48 OTHER SERVICES & CHARGES 77.35 14843.04 23800.00 8956.96 0.62 MISCELLANEOUS 818.72 1382.77 9050.00 7667.23 0.15 CAPITAL OUTLAY 5368.68 16000.00 10631.32 0.00 DEBT SERVICE 0.00 5110.00 5110.00 0.00 TRANSFERS 20000.00 60000.00 110000.00 50000.00 0.55 COST OF SALES 55149.97 606585.61 866850.00 260264.39 0.70 • OTHER 0.00 0.00 16200.00 16200.00 0.00 TOTAL 84736.17 789205.86 1172480.00 383274.14 0.67 REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 983.00 29969.00 0.00 - 29969.00 0.00 WATER SALES 45364.07 330085.43 424600.00 94514.57 0.78 WATER METER SALES 686.00 4377.25 5000.00 622.75 0.88 REFUSE SERVICES 22232.28 173648.45 222000.00 48351.55 0.78 SEWER SERVICES 61451.80 453342.64 523000.00 69657.36 0.87 PENALTY CHARGES 699.64 5729.26 0.00 - 5729.26 0.00 INTEREST EARNED 0.00 15284.75 40000.00 24715.25 0.38 REFUNDS & REIMBURSEMENTS 0.00 3675.00 0.00 - 3675.00 0.00 OTHER 30.00 922.50 5000.00 4077.50 0.18 TOTAL 131446.79 1017034.28 1219600.00 202565.72 0.83 EXPENSE REPORT - WATER SEWER /FUND OPERATIONS 76391.71 460706.38 1100919.00 640212.62 0.42 WATER 18420.97 193675.93 101350.00 - 92325.93 1.91 • SEWER 27632.89 301727.05 192700.00 - 109027.05 1.57 TOTAL 122445.57 956109.36 1394969.00 438859.64 0.69 . 1. CALL TO ORDER • • MINUTES • HUTCHINSON PLANNING COMMISSION Tuesday, September 18, 1984 The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Larry Romo at 7:30 P.M., with the following members present: Marlin Torgerson, Roland Ebent, Don Erickson, Tom Lyke, Shu- Mei Hwang, and Chairman Romo. Absent: Elsa Young. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe and City Attorney James Schaefer. 2. MINUTES The minutes of the regular meeting dated August 21, 1984, were approved as presented on a motion by Mr. Erickson. Seconded by Dr. Lyke, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY QUINTIN GRUIS Chairman Romo opened the hearing at 7:32 pm. with the reading of Publication 93307 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for a conditional use permit to allow the operation of a boarding house for the elderly on the property located at 125 Water Street. Following discussion, Mr. Erickson made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 7:36 p.m. Mr. Ebent made a motion to recommend to City Council approval of the conditional use permit as requested subject to required State licensing and building and fire inspection. Seconded by Mr. Torgerson, the motion carried unanimously. (b) CONSIDERATION OF VARIANCE AS SUBMITTED BY HARVEY KEMPER Chairman Romo opened the hearing at 7:36 pm. with the reading of publication 93306 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for a variance to allow a shed to be placed 2' from the sideyard line on the property located at 637 Bluff Street. Mr. Harvey Kemper was present to explain the request. The shed was formerly located on City property adjacent to Mr. Kemper's property. In a written statement to the Planning Commission, Mr. Kemper stated tree removal, contour of the land and the need for room for a future driveway as reasons for not meeting the 6' setback requirement. Planning Commission•nutes • 9/18/84 Mr. Mark Guggemos, who recently purchased the property adjoining Mr. Kemper's from the City, was present. He stated that his main • objection was that no official survey of the property had been made and he wondered how Mr. Kemper could accurately place the building 2' from the property line without a survey. Director Priebe noted that a further permit for moving and placement of the shed would be necessary and a survey would then be required. After further discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Ebent, the motion carried unanimously and the hearing was closed at 7:48 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the variance as requested contingent upon parcel survey being made. Seconded by Mr. Hwang, the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY PLAT OF "HELLAND'S SIXTH ADDITION" Chairman Romo opened the hearing at 7:49 pm. with the reading of publication #3308 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for the platting of a parcel of land to be known as HELLAND'S SIXTH ADDITION. Mr. William Helland was present to state that he felt development of the area was going as planned and he hoped for it to continue. Director Priebe explained the overall plan in regard to layout and services. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Erickson, the motion carried unanimously and the hearing was closed at 7 :51 P.M. Mr. Torgerson made a motion to recommend to City Council approval of the preliminary plat as submitted. Seconded by Mr. Erickson, the motion 'carried unanimously. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "CALIFORNIA SECOND ADDITION Chairman Romo opened the hearing at 7 :52 p.m. with the reading of publication #3309 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for the replatting of Lots 1 -6, Block 3, California Addition to 11 smaller lots to be known as CALIFORNIA SECOND ADDITION. Director Priebe was present to explain the request. He noted that an application to rezone the newly platted area from R -3 to R -4 to allowed "manufactured homes" had also been submitted. After discussion, Mr. Erickson made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 7:55 pm. Mr. Erickson made a motion to recommend to City Council approval of the preliminary and final plat as submitted. Seconded by Mr. Hwang, the motion carried unanimously. • w 2 Planning Commission *ute9 9/18/84 (e) CONSIDERATION OF REQUEST FOR AMENDMENT TO THE ZONING ORDINANCE . (MAP) AS SUBMITTED BY JOHN MILLER Chairman Romo opened the hearing at 7:55 p.m. with the reading of publication 03310 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is to rezone Lots 1 -6, Block 3, CALIFORNIA ADDITION from R -3 to R -4 to allow the placement of "manufactured homes" on the lots. After discussion, Mr. Torgerson made a motion to close the hearing at 8 :00 p.m. Seconded by Mr. Hwang, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the request to rezone as submitted. Seconded by Mr. Erickson, the motion carried unanimously. (f) CONSIDERATION OF PRELIMINARY PLAT OF "LAKEWOOD TERRACE FOURTH ADDITION" Chairman Romo opened the hearing at 8 :01 p.m. with the reading of publication 03311 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for the platting of 16 lots to be known as LAKEWOOD TERRACE FOURTH ADDITION. Director Priebe explained the layout submitted as well as the overall plan for the area. . After discussion, Mr. Ebent made a motion to close the hearing. The motion was seconded by Mr. Hwang and discussion followed. Dr. Lyke, representing the Hutchinson Utilities Commission commented that they would like an understanding that when it is requested that lines be moved, the cost will be the property owner's responsibility. Director Priebe noted it could be part of the subdivision agreement. The motion to close the hearing then carried unanimously. Mr. Ebent made a motion to recommend to City Council approval of the preliminary plat as submitted, with the stipulation that owners will be required to pay for the cost of moving any utility lines when there are no easements given. Seconded by Dr. Lyke, the motion carried unanimously. (g) CONSIDERATION OF VARIANCE SUBMITTED BY ERLAND JABLINSKI Chairman Romo opened the hearing at 8:10 pm. with the reading of publication 03312 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for a 32' variance to allow the construction of a mini - warehouse 18' from the rearyard property line on the property located on Michigan Street. Director Priebe explained that Mr. Jablinski had been given a building permit for the mini - warehouse. At the time, staff did not realize that it did not meet the required 50' setback. The error was not discovered until Mr. Jablinski had poured a concrete floating slab for the building. At that time Mr. Jablinski was instructed to stop building and apply for a variance. 3 Planning Commission �utes 9/18/84 r7 U Mr. Jablinski was present to state that he had expected to have the building up by this time and he already had renters for the • building. Besides his investment already in the slab, he was also losing rent money. When questioned about the room between the buildings (there are mini - storage buildings already on the property), Mr. Jablinski responded that he did not want the cars to be able to back up to the building, but have to drive along side. He noted that if they were to drive around the building, the 18' would provide enough room. Mr. Vic Swanson, adjoining property owner, was present. He stated that there were those interested in his property that would also like to put their business as close to the back line as possible. He later stated that if a chain -link fence was required on the west line, he would be in agreement with the variance. When asked if he intended to put in any more buildings, Mr. Jablinski responded that he could put in one smaller building. Mr. Jablinski was asked how he would have proceeded without the variance. He responded he would have had to build a two level building because of the elevation of the land. Other comments: The slab is a 24' by 70' floating slab, 4" thick, reinforced around the perimeter -- not suitable for a driveway. Mr. Jablinski stated he couldn't afford additional land. This type of use normally wouldn't require 50' ... the 50' setback was intended for more • industrial types of businesses. Had the building not already been started, it was the consensus of the Planning Commission that the variance would not have been granted. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Erickson, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the variance with the stipulation that a chain -link fence be put up on the west line, noting this should not set a precedent but that it was granted because of unusual circumstances by staff error. The motion was seconded by Mr. Erickson. Discussion followed. Mr. Torgerson amended the motion to include that the City stand the cost of the chain link fence. The amendment was seconded by Mr. Erickson. The amended motion failed with Mr. Erickson, and Mr. Torgerson and Chairman Homo voting "yes" and Mr. Hwang, Dr. Lyke and Mr. Ebent voting "no." Mr. Erickson made a motion to deny the variance understanding the liability the City has to the property owner as to relocation and rental losses. Seconded by Dr. Lyke, the motion carried unanimously. 4. Old Business (a) CONSIDERATION OF FINAL PLAT OF HANSON'S SUBDIVISION OF PETERSON ESTATES (WITHIN TWO MILE RADIUS) Mr. Dennis Kahl, representing the owners of the property to be 4 Planning Commission •nutes 9/18/84 0 platted, submitted written approval of the final plat by the Hassan Valley Town Hoard. There were were no changes from the previously . approved sketch plan and preliminary plat. Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Mr. Hwang, the motion carried unanimously. (b) CONSIDERATION OF FINAL PLAT OF DAVID LEE ACRES (WITHIN TWO MILE RADIUS) The preliminary plat of DAVID LEE ACRES was recommended for approval by the City with the stipulation that the land remain residential /agricultural zoning, and that access to Lot 2 and the plat itself be approved by the State Highway Department. Mr. Jim Reid presented a permit from the State Highway Department allowing Mr. Reid to widen the driveway (access to Lot 2) and stated that Mr. K.E. Novotny of that department confirms their approval of the plat. Mr. Reid also submitted a statement from the Hutchinson Town Board stating their approval of the final plat. Mr. Tom Sharstrom and Mr. Tom Compton were present to ask the Planning Commission to reconsider their stipulation that the property must remain agrigultural or residential. Mr. Sharstrom had received a building permit from the Hutchinson Township Board to allow the construction of a plumbing business on one of the lots to be platted. They will be asking the County to rezone the front portion of Lot 2 to allow commerical use. . After discussion, Dr. Lyke made a motion to recommend to City Council approval of the final plat with the stipulation that it remain agricultural or residential, noting that the recommended zoning is in concert with the City's Comprehensive Plan. Seconded by Mr. Erickson, the motion carried unanimously. (c) CITY REQUESTED ANNEXATIONS Director Priebe explained that the City received a letter from the State Municipal Board acknowledging the city's request to annex road right of ways. The roadway that is surrounded by 60% of the City could be annexed by ordinance. Director Priebe recommended proceeding with that annexation. The second request is not surrounded by 60% City and would require a hearing by the Municipal Board and an annexation election by the City. Director Priebe recommended that this request be dropped at his time. 5. New Business None. 6. Adjournment There being no further business, Mr. Ebent made a motion to adjourn the meeting. Seconded by Mr. Hwang, the motion carried unanimously and the meeting was adjourned at 9;25 p.m. V 0 0 TREE BOARD MEETING September 26, 1984 • Minutes Members Present: Roy Johnsen, Jerry Brown, Pat Mikulecky, also present Mark Schnobrich Members Absent: Ivan Larson, Don Schumacher DED Update Mark reported 357 elm trees had been tagged for removal thus far this year as compared with 166 in 1983. The disease rate has increased for the first time since 1981. Budget The budget was approved by the City Council September 25th with increase being in the wages, temporary employee, and chemical and products, line items. A request for two new saws for 1985 was accepted by the council. An amount of $16,480 which doesn't include Foresters salary or one Parks Department hourly full time person, was the official budget for the 1985 Forestry season. Fall Planting . Jerry Brown recommended that Mark buy and plant this fall, the trees for the Lutheran Brotherhood Insurance Company. In 1984, Lutheran Brotherhood of Hutchinson donated $900 for the purpose of planting trees on all church properties of the Lutheran Faith. These trees will reside on city boulevard surrounding these churches. Logis Computer Tree Inventory Mark proposed to the board the adaptation of a computer tree inventory to the cities present Logis computer system. Currently St. Louis Park is undergoing a Logis Tree Inventory which Hutchinson would resemble very closely. Some of the benefits of a computerized inventory were discussed. Mark was instructed to present a more formal description at next months board meeting. Ordinance Review Tabled until next meeting. Meeting Adjourned at 6:35 p.m. i Respectfully submitted, 4 -a. (-�) 0 1] 0 0 October 8. 1984 The library board met on October 8, 1964, with the following members presents galph Bergstrom, Albert Linde, John Horrocks, Elaine Clay, Paul Ackland, K. McGraw Also attending: John Korngiebel The minutes of the previous sooting were read and approved. John Korngiebel recommended to the Board the following: 1. that alternate 1.(Which specifies the removal of the 2 cubicles on the west side of the Library, next to the main entrances, be re- moved at the cost of $535.00 and replaced on the south and north sides of the entrances) be accepted. Motion was made by Paul Ackland and seconded by John Horrocks. The vote passed 4 -2 (nay - -K. McGraw and Albert Linde) 2. John Korngiebel recommended we accept the bids listed below: General E. J. Pinske with the low bid of $441,000 (with the deduction of $30,418 with alternate 2 and of $535.00 for cubicle re- moval). Motion by P. Ackland and seconded by J. Horrocks. Passed. Mechanical Krasen of Hutchinson of $114, 795. Motion by J. Horrocks and seconded by Elaine Clay. Passed. Electrical- McNerney of Dayton, Mn. of $56,000. Motion by Albert Linde and seconded by P. Ackland. Passed. Discussion followed regarding the $30,000 sidewalk program, the $72,000 for furniture and any "icing" that might have to be changed. (Electrical- - lighting fixtures and in 'General, J. Korngiebel has estimated blinds at $4,500 could be reduced. Motion was made by Paul Ackland and seconded by .Albert Linde to accept Kathleen McGraw as replacement for resigning Secretary, Sally Cone. Secretary Consideration for replacement of Sally Cone will be decided at next meeting. After adjournment, Board members were to go to Century 21 (old Yetzer Building) for possible site for temporary location of Library. Motion was made by P. Ackland and seconded by Elaine Clay to adjourn at 11:00 a.m. L October 16, 1984 The library board met on October 16, 1984, with the following members present: Ralph Bergstrom, John Horrocks, Albert Linde, Paul Ackland, Sue O'Brien, Gina Iverson - Barb Whittenberg and John Mlinar. The minutes of the previous meeting were read and approved. Motion was made by Paul Ackland and seconded by John Horrocks to accept the nomination of Terri %ilertson to replace Sally Cone on the Board. Motion carried. Motion was made by Paul Ackland and seconded by Albert Linde to cloxe the nominations. Motion carried. John Korngiebel informed the Board of the most recent details regarding the beginning of construction of addition. Contractor had questions of insurance coverage. Ralph Bergstrom reviewed possibilities of temporary location for library and books. 1. Allen Office Supply Bldg. - 1,400 sq. ft. 2. Yetzer Bldg. - $1824 per mo. - 3,468 sq. ft. • 3. Korngiebel Bldg. - 1,000 sq. ft. Kathy McGraw made motion to act on negotiation for Century 21 ( Yetzer Bldg.) space - $....? 2,000 sq. ft.). Motion seconded by John Horrocks. Motion carried. Ralph Bergstrom, John Horrocks and Paul Ackland volun- teered to go to the Century 21 Bldg., Wed., Oct. 16, at 9:00 to meet with Larry Frazer regarding temnorary location. Motion was made by Gena Iverson and seconded by =au1 Ackland to adjourn at 5:45. Motion carried. Secretary n Ll -%re) A F, 1" L F;C N 1-40-;i -- ,1\ ''teal �1 - - -.r ----0--------- To the .......CITY COUN .. -CITYC0LJNC1L .............. .. .................. ................................. ....... of the - ...... QUY . ..... . .... . ............................ of. HUTCHINSON • MC LEOD ........... - ................. .. .......... I ............... ......... the County of State I Minnesota: The undersigned owner whose =reu is . . ..... .................... ....... ...... .. PLOW AND ....... .................... Q ........ hereby applies for a permit to..............._...... .... REMOVE SNOW WITH ........................ upon that certain tract of land described as follows: Lot....._._ ........ -- - ................ --; Block......... plator addition. .................. ... .. .... .. .. .... ........ ; address. ......................_........ .... ... ... which is of the following size and area; width.... -...._ .... . ... .. ... - ....... - feet; length_....... .......... - ...... . . feet; WITHIN... THE ...C.I.TY.. ...L.I. M . I ..TS .................................... .... ............... ..... .............................. ......... ............... . ............. . ...... .. ... and hereby agreed that, in case such permit 4 granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of said . . ...... CITY .... O.FYUT.01.I�NST ......................... - .......................... ..... .... applicable thereto. .applicant further agrees to pay fees or assessments at the time and in the amounts specified a; follows: $1.00 ............................ ............................................... - ------------- --- - -- --------- - ------------ - -------------- - ----------------- -- ---------- -------------- .............. ......... 11 ............ -- .. ... -- ....... - ...... - ............... ........... . ..... - ............. ......... -1- ........ ...... -11 - .. .. .. RIM", I M 1// -,)/ -I APPLICATION FOR s"OK REMOVAL P- 11LNUT To the....... CITY COUNCIL • ......................................_ .................................. _ ............. _ _ ..... ............................... _ .... ... _ ..... ....... _ ............. ...... ......... of the ....... .._.0 TY .......... ............................ ................. of..__HgCHINSON ......... ........................_..._.. ..in the County of T....MC_LEOo......__.... ... . _.. -- ................ ...._, State of cnncsota: !!he undersigned owner whose address is -.-........._........_..._ ..............._.._... .........._...._..._......._... _... 1.. -uL -� - ...... ....... A 1 /9f...... .her applies or a PLOW AND _..... hereby PP f permit to. ...... ...................... REMOVE SNOW .WITH ........ .... upon that certain tract of land described as follows: Lot_ ............... ............._................; Block ......... .......... ..... _ .......... .. ._. ; plator addition .............................................................. .. ... ...................... .; address ....................................................................... _.............. ...; which is of the following size and area; width.................................. _............... eet; Zength .... . ............_......_..- ..__.... feet; area ....... WITHIN THE CITY LIMITS _.. ... ._ _............................................_........................................__......._.............. ....._.._.........._.................. ...... _ ...... --- and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of said ......._CITY OF HUTCHINSON applicable thereto. Applicant further agrees to pay fees or assessments at the time and in the amounts specified as follows: $1.00 0 fION Tothe....... CITY ... C9.U.N.C.I-L-1- ................... . ................ I ............... ... . ......................... of the..... CITY....... . ...... .... .......................of._ . CHINS HUTON in the County of MCLEOD ... ................. ... I ...... I ..................... ...... - .... ..... ---- .... . .. .... .. ....... ........ State of Minnesota: ef V% The. undersigned owner whose address is ........................ . ........ ........................ . �t .. ... k i PLOW AND ... ............................ ....... ........ hei:eby applies for a permit to ............... ............... .......... REMOVE SNOW WITH N-4, ............. I ................................................... ........ Q .............. .. . ................ .............. � ............... . ....................... ........ upon that certain tract of land described as follows: Lot_._..._ .... ........... ....... Block......... ......_...................._.__ plat or addition . .... .... ...... ...... - - . .; address._....... which is of the following size and area; width. ... . ....... ... . ... ....._........ feet; length._ _............... ....... feet; ...... WITHIN THE CITY LIMITS area -1 -- ............ -- I ..... - ...... I .... - ...... ........ ....................... .. .... ........ ..... ................................ ........... ............. I ....... . ... .. .. .. and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of said ..... I .... C..I.T.Y-,.O.F,,.H.UT.C.H.1-N.S..ON .......... ................ -- .................... ....................... applicable thereto. .4pplicant further agrees to pay fees or assessments at the time and in the amounts specified as follows: $1.00 0 I I ION _). , I'll % " � ; - " P% \L - ------------------ To the ........ C1..T.Y ... C.O.L.I.N.C..I..L of the .......... CITY ....... . ..... ... ........... ...... .... of.. �gCHINSON ........ .... ...... .................... .. .......... - .... ..................in the County of MC.. ....... State of Min nesota: The undersigned owner whose address is ............ ........ . ......... . ....... .................. -- ... hereby appliee for a perinu to ..... .. ?jq� AND .... R.E.M.O.V.E .... SNO.W .... WITH ......... ....... .. .. ........ .. .. . ...... ........... 0��014 ...... . ...... ......... .. P upon that certain tract of land described as follows: Lot_._.-...._.. ....- ......................... ; Block............. ..........._........._......_.; plator addition ... ...... .. ......... ...... .......... -.-- ...... .. ..... ...... ; address .... - ............. - .......... ........... ... ..................................... which is of the following size and area; width.........._...._.._._.._.. __.........._. feet; jength ... _ ............. . ....... le -et; area ...... WITHIN . .... T.H.E.-C.1-T , Y .... L . I . M . I .. T . S ................................... . -- ..................... ............................. - ............................... .. ............ .. .. .... and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of said .......... C.I.TY-OF ... H-UF.CH.I..N.S.ON ............................................................................... ....... applicable thereto. .4ppUeant further agrees to pay fees or assessments at the time and in the amounts specified a; follows: $1.00 ........... ...... ...................... ................... ... ..... ......... 1-1- ........ . . I .... ..... . .......... ....... .. I ............ .. T owner • 0 0 0 RESOLUTION NO. 7894 RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION IMEREAS, the First State Federal Savings & Loan Association of Hutchinson, Minnesota, a duly designated depository of the City, has pledged the following security: GNMA — Pool #50819 17 $ 119,516.00 GNMA — Pool #63482 12% 471,852.00 GNMA — Pool 1140087 12.5% 774,960.00 $1,366,328.00 • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Treasurer is hereby authorized to accent said pledged security being held at First State Federal Savings & Loan Association of Hutchinson, Min- nesota. Adopted by the City Council this 23rd day of October, 1984. ATTEST: Gary D. Plotz Citv Clerk • Robert H. Stearns Mavor • 0 Published in the Hut 0nson Leader on Tuesday, OctobjWnd, 1984, and on Tuesday, October 9th, 1984. NOTICE OF HEARING ON IMPROVEMENT PUBLICATION NO. 3316 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 23rd day of October, 1984, to consider the making of an improvement of: PROJECT NO. TYPE AND LOCATION 85 -01 -26 Curb and Gutter 6 Appurtenances in Clouse Addition 85 -01 -27 Sanitary Sewer, Watermain, Storm Sewer, Grading, Gravel Sub -base and Area Lift Station 8 Appurtenances in Clark's 2nd Add. 85 -01 -28 Sanitary Sewer, Watermain, Storm Sewer, Curb and Gutter, Grading, Gravel Sub -base & Appurtenances in Helland's Fifth Add. 85 -01 -29 Sanitary Sewer, Watermain, Storm Sewer, Grade, Gravel Sub- base & Appurtenances in Waller's 2nd Add. 85 -01 -30 Sanitary Sewer, Watermain, Storm Sewer, Grade, Gravel Sub- base 8 Appurtenances in Fourth Addition to Lakewood Terrace 85 -01 -31 Sanitary Sewer, Watermain, Storm Sewer, Gravel Sub -base & Appurtenances in Orchard Park Add. pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property. The estimated cost of such improvement is $ 233,000 . Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: September 25th, 1984. R � (612) 587 -5151 f/UIIH' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST -_ HUTCHINSON. MINN. 55350 TO: Mayor & City Council FROM: Bruce Ericson, Director, Parks & Recreation Dept. DATE: October 17, 1984 SUBJECT: Response to Fair Board Letter The Parks Department does change the dates of the fair as indicated by their letter. This is a very minor item and is easily accomplished with the use of the boom truck. At the present time, we do not use the fairgrounds for any storage or events. Although there are no plans for use of any facilities at the fairground in the immediate future that possibility should not be ruled out. skr /BLE • (O —Lf_. /(672) 879 -2371 ° -f# , C/TY OF HUTCHINSON U; CHINSON, .MINN. 55350 M E M O R A N D U M DATE: Oct 1 7. 1484 TO: —Gary Plotz — — — — — — — — — — — — — — — — FROM: —Ralph Neumann — _ — — — _ — — — — — SUBJECT: —Use of City equipment and operator atCountyFair — — — In this memo is a cost breakdown that the Fair Board would have had to pay a private firm to supply them with the services the City of Hutchinson provided during the 1184 County Fair. All prices include operators time. Street sweeper Water truck Trucks Front -end loader 10 hours @ $50 27 hours @ $35 20 hours @ $30 12 hours @ $55 $500.00 $945.00 $600.00 $660.00 -- $ --------- $2705.00 0 • L XII LEOD COUNT' AGRICULTURAL ASSOCIATION t r 0 Z-7, P. 0. BOX 142 HUTCHINSON, MINNESOTA 55350 r, 6-1, (d 12) 587 -5151 '/TY OF 141UTCH11Vq QN NASHINGTON AVENUE WEST H;PvSGvV, LliNN.5535O September 27, 1984 Mr. Walter Vorpahl 1115 Randall Road Hutchinson, MN 55350 RE: City and Fair Association F Cooperation OR YOUR INf/lpNAT Dear Wally: Vii N The City Council has requested me to contact you regarding the items the Fair Association may be requesting assistance with for calendar year 1985. A list of items would be very helpful at this point. The Council could then review the list, and thereafter, take action at a regular Council meeting. The City staff is available to meet with the Fair Association Board, includ- ing Ralph Neumann, Bruce Ericson, and myself. Perhaps you could advise me if this can be arranged soon. Sincerely, CITY OF HUTCHINSON Gary D�tz i� City Administrator GDP:ms cc: Ralph Neumann Bruce Ericson Mayor & City Council 0 I- J •_ _ - - - _ - - -_- 0 (612) 587 -5151 . 37 "_��HL!._CHiNSON, CITY OF HUTCHINSON WASHINGTON AVENUE WEST M /NN. 55350 October 17, 1984 MEMORANDUM TO: MAYOR AND CITY COUNCIL i FROM: PERSONNEL /TRANSIT COORDINATOR HAZEL SITZ RE: WORKSHOP I request authorization to attend the 1984 Minnesota Public Transit Conference in St. Paul on October 30, 31 and Nov. 1. Conference registration fee is $55. Agenda is attached. This is a budgeted item. 'MEN DIRECTIONS FOR MINNESOTA TRANSIT' is 1904 Minnesota Public Transit Conference St. Paul RAdisson Plasm Town Square - 4th a Minnesota St. Paul October 30, 31 4 November 1, 1984 Tuesday, October 30, 1984 900 A.M. - Minnesota Public Transit Association Business meeting 11,00 A.M. - REGISTRATION 1:00 P.M. - Opening - MPTA President Dennis Jansen - Welcoming City of St. Paul Mayor George Latimer 1:30 P.M. - Commissioner Richard Braun - Mn /DOT 2:00 P.M. - UNTA Message - Joel Ettinger Regional Administrator 2:30 P.M. - U.S. Congressmen Martin Sabo 3130 P.M. - Regional Transit Board Chairman Elliott Parovich 4:30 P.M. - MPTA Awards 5:30 P.M. - Social Hour 6:3D P.M. - Dinner Entertainment - CLIMB - A Comedy Theatre Group Wednesday, October 31, 1984 8:30 A.M. - Metro Mtq. Presentations Greater Minnesota Mtq. Presentationr - Regional Implements- - Contraets /Budget Report tion Plan - Capital Investment Strategy - Alternative Analysis - Transit Survey- Mankato State Study (Univ. Ave. University 8 /Southwest) - Marketing Experiences - LRT Implementation Plan - Metro Mobility Evalua- tion - MSC Changes 11:00 A.M. - Vendors Presentation 12:00 Noon - Luncheon Address - Governor Rudy Perpich 1:30 P.M. - Legislative Panel 2:45 P.M. _ Professional Development Workshop 5:00 • P.M. Social Hours Thursday, November 1, 1984 7:30 A.M. - Breakfast Buffet - Business Meeting Follow-up 8:30 A.M. - Microcomputers Workshops (3) 10115 A.M. - Presentation - "Mork Porce of the Future' 11:00 A.M. - Presentation - 'Transportation in the Future" 12,00 Noon - Adjourn Box Lunch and Tour at the new MTC Administrative Offices and Garage. - r. THE ANISCAN INSTITUTE OF • 1'. 9r_ AIA Document B747 AR &ITECTS Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the 17th day of October in the year of Nineteen Hundred and Eighty -Four BETWEEN the Owner: and the Architect: City of Hutchinson Hutchinson City Hall Hutchinson, Mn. 55350 Korngiebel Architecture 45 Washington Avenue East Hutchinson, Mn. 55350 For the following Project: Hutchinson Recreation Facility (Include detailed description of Project location and scope.) Hutchinson, Mn. The Owner and the Architect agree as set forth below. Cop,i6ht 1.917, 1926, 1948, 1951, 1953, '958, ;961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American Inslinute . of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20X6. Repioduction of the material herein or substantial quotation of its ptovisn ns without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT BHt • O %VNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAS . Q1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 70M6 8141-'^' 0 0 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESIGN PHASE 1.11 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1 -2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design DeveluPment Documents consisting of drawings and other documents to fix end describe the s.ze and character of the entire Project as to architectural, structural, mecl amca! and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a further Statement of Probable Construction Cost 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 1.3.2 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owner and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1.4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1.5 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construe tion as set forth below and in the edition of AIA Docu ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. Instructions to the Contrac- tor shall be forwarded through the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents uniess otherwise modified by written instrument in ac- cordance with Subparagraph 1.5.16. 1.5.4 The Architect shall visit the site at intervals a propriaie to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the peeress and ouality of the Work ano to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on -site inspections to check the quality or quan- tity of the Work. On the basis of such on -site observa- tions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.5.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with 1h Work, for the acts or omissions of the Contractor, Sub AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ID 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 30886 8141 -1977 3 E contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 5.6 The Architect shall at all times have access to the 'fork wherever it is in preparation or progress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractors Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.5.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica- tions stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 5.9 The Architect shall be the interpreter of the re- uirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretaton of the Contract Documents. 15.10 Interprtations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and .judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contractor, shall not show, partiality to either, and shall not be liable for the result of any interpretation or decision rendered in goad faith in such capacity. 1.5.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. 1.5.12 The Architect shall have authority to reject Work hich does not conform to the Contract Documents. 'henever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have author- ity to require special inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.13 The Architect shall review and approve or take other appropriate action upon the Contractors submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 15.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. - 1.5.15 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Pay- ment. 1.5.16 The extent of the duties, responsibilities and lim- itations of authority of the Architect as the Owners rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Architect. 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.6.1 If the Owner and Architect agree that more ex- tensive representation at the site than is described in Paragraph 1.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such Project Representatives shall be selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Architect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 1.6.3 Through the observations by such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representa- tion shall not modify the rights, responsibilities or obliga- tions of the Architect as described in Paragraph 1.5. 1.7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. 4 6741 -1977 AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAe • ® 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 0 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.7.2 Providing financial feasibility or other special studies. 1.7.3 Providing planning surveys, site elaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. ' 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work, damaged by fire or other cause during con- is struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.7.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project 1.7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1,8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owners review and approval of submissions and for approvals of authorities having J urisdiction over the Project. This schedule, whe,^. approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and site requirements. 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.12. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. AIA DOCUMENT 6141 • OWNER ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 5 0 L_J 1] 0 0 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights -of -way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and seater pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observe: or olherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the YVork. ARTICLE 3 CONSTRUCTION COST 3,1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- 0 signed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3,2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- I ect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.12 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 32.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 6 8141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200016 • with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, Whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment Taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out -of -town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock -ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of cervices, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded is or extended through no fault of the Architect, compensa- tion Tor any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON ACCOUNT Of ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROTECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- ticros for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • 01977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 7 0 other projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Archi- . sect. 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable • under the prevailing arbitration law. 9 -2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The av:ard rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 103 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. E 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic Design Phase; or .2 10 percent if termination occurs during the Design Development Phase; or .3 5 percent if termination occurs during any subse- quent phase. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA* • O 8 8141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. : ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance With Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of Five Hundred and no/100 --- - - - - -- dollars (S 500.00) shall be made upon execution of this Agreement and credited to the Owners account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: fHere insert basis of rompensalton, including fined amounts, multiples or perren: ages, and identify Phases to which particular methods of compensa- tion apply, it neressary.t On the basis of 6% of the construction & equipment cost \J 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payment for Basic Services shall be made as provided in Subparagraph 6.12, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: pnrivde any addiliona; Phases as appropriate.) Schematic Design Phase: - percent ( 10 %) Design Development Phase: percent ( 10 %) Construction Documents Phase: percent ( 55 %) Bidding or Negotiation Phase: percent ( 5 %) Construction Phase: percent( 20 %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 6141 • OWNEK- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 197, • AIAa • 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 9 0 14.4 COMPENSATION FOR ADDITIONAL SERVICES 0 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: I Here insert hash of commmsaiiom, mcfudmg rhea and,or multiples of D,recr Persunne! Bpensr for Pnncipds and emplu pees. and ,denfdy F,mopah and classily employees, it required Identify specifrc services to which part,cular methods of compensation apply, it necessary.) Hourlv Rates Principal $50.00 Architect 35.00 Draftsman 20.00 Steno 10.00 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of ( 1.25 1 times the amounts billed to the Architect for such services. (identify specific types of consultants in Article 15, it required.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of ( 111 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of m r,e,r agreed upon.) Legal Rate (Usury laws and requirements under the federal Truth in Lending Act, similar state and loot consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and eisewhe,e may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or orher requirements such as writ en disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance With the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed Within . (1� months of the dale hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA6 . ID 1977 10 8141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20D06 • • ARTICLE 15 OTHER CONDITIONS OR SERVICES u Additional Services 1.7: Shall not include items 1.7.1, 1.7.19, 1.7.21 Construction Cost For fee computation, the following not be included in the construction installed by the Owner. Gym Flooring Lockers Basketball Standards Mats Nets equipment items would cost if furnished and 0 E AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAQ • © 1977 THE AMERICAN IN5TITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 11 r r 0 This Agreement entered into as of the day and year first written above. OWNER City of Hutchinson Hutchinson City Hall Hutchinson, Mn. 55350 M • ARCHITECT Korngiebel Architecture_ 45 Washington Ave. East Hut.ghinson, MN. 55350 FE AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® . Q 1977 12 8141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C- 10006 12) 587.5151 HUTCH' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST / HUT CHINSON, MINN. 55350 M E M 0 DATE: October 22, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: Printer We have received the following quotations for a replacement printer: Albinson: Dizit Dart 115 White Printer $1,432.13 Blu -Ray Model 121 W /12 -302 $2,249.21 F.O.B. Minneapolis - unassembled -need to set up Copy Equipment, Inc.: Dizit Dart 115 White Printer $1,449.00 Dietzgen Javelin II White Printer $1,714.00 Blu -Ray Model 121 w /12 -302 $1,904.20 Rotolite Diazo Jet Mark III $2,004.95 F.O.B. Hutchinson Assembled and set up All quotations include trade -in of present printer. Request permission to purchase a Dizit Dart 115 White Printer from Copy Equipment, Inc. for $1,449.00, delivered, assembled and set up. MVP/PV cc: Ken Merrill Cal Rice • Marlow V. Priebe Director of Engineering E • S CERTIFICATION OF MINUTES RELATING TO $500,000 GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984 Issuer: City of Hutchinson, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting held on October 23, 1984 at 7:30 o'clock, p.m., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages): 1 through 10 RESOLUTION NO. 7897 RESOLUTION RELATING TO $500,000 GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE 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 official'y as such recording officer and the seal of the City this 23rd day of October , 1984. • Signature (SEAL) Gary D. Plotz, City Administrator _ Name and Title LJ 0 0 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. 7897 RESOLUTION RELATING TO $500,000 GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: 1. Authorization. At a special election duly noticed and held on August 7, 1984, a majority of the voters of the City voting on the question approved the issuance by the City of its general obligation bonds in the amount of $500,000, to be used with other funds available to the City, for the construction of a recreational facility and outdoor swimming pool (the Recreation Center), The present estimated total cost of the Recreation Center is as follows: Item Construction and Cost of Issuance Bond Discount Engineering Estimated Cost $963,000 10,000 8,000 $981,000 In order to finance the Recreation Center it is hereby determined to be necessary and desirable for the City to sell and issue its General Obligation Recreation Center Bonds, Series 1984 (the Bonds), in the principal amount of $500,000 including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, $8,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56, the proceeds of which Bonds together with funds of the City in the amount of $481,000 available for construction of the Recreation Center will be used to pay the cost of the Recreation Center. 2. Sale. This Council shall meet at the time and place specified in the notice of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding sale of the Bonds. The City Administrator is hereby authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published in the official newspaper of the City, and in Commercial west, published in Minneapolis, Minnesota, once not less than ten days before the date of said meeting in substantially the following form: NOTICE OF BOND SALE $500,000 GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984 CITY OF HUTCHINSON, MINNESOTA Sealed bids for the above Bonds of the City of Hutchinson, Minnesota, will be opened at 3:00 o'clock P.M., Central Time, on November 13, 1984, at the City Hall in Hutchinson, Minnesota. The City Council of Hutchinson will meet in the City Hall at 7:30 o'clock p.m., on Tuesday, November 13, 1984 to consider the bids and award the sale for the purchase of $500,000 General Obligation Recreation Center Bonds of the City (the Bonds). The Bonds will be issued for the purpose of financing a portion of the cost of the construction of a recreational facility and outdoor swimming pool within the City. The Bonds will be issuable as fully registered bonds, in the denomination of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of December 1, 1984, and will mature on March 1 in the following years and amounts: Year Amount Year Amount 1987 $25,000 1995 $25,000 1988 25,000 1996 25,000 1989 25,000 1997 25,000 1990 25,000 1998 25,000 1991 25,000 1999 50,000 1992 25,000 2000 50,000 1993 25,000 2001 50,000 1994 25,000 2002 50,000 The City will select a suitable bank or trust company to act as Bond Registrar, Transfer Agent and Paying Agent. Interest will be payable on each March 1 and September 1, commencing March 1, 1985, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day of the immediately preceding month. Bonds maturing in 1994 and later years are each subject to redemption and prepayment on March 1, 1993 and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest. No rate of interest nor the net effective rate of the issue may exceed the maximum legal rate determined pursuant to Minnesota Statutes, Section 475.55. A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, -2- 0 0 0 . Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned. Dated: October 23, 1984. i • -3- BY ORDER OF THE CITY COUNCIL Gary D. Plotz City Administrator City of Hutchinson, Minnesota 3. Terms and Conditions of statement of Terms and Conditions of terms and conditions for the sale an such terms and conditions are hereby incorporated in material distributed the Bonds: -4- Sale. The following ! Sale shall constitute the 3 issuance of the Bonds and authorized to be to prospective bidders for • ! 0 0 • TERMS AND CONDITIONS OF SALE $500,000 GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984 CITY OF HUTCHINSON, MINNESOTA Sealed bids for the purchase of $500,000 General Obligation Recreation Center Bonds, Series 1984 (the Bonds), of the City of Hutchinson, Minnesota (the City), will be opened at the City Hall in the City of Hutchinson, Minnesota at 3:00 o'clock, p.m. Central Time, on Tuesday, November 13, 1984. The City Council will meet at the City Hall in the City at 7:30 o'clock, p.m., on Tuesday, November 13, 1984 to consider the bids and award the sale. This is a statement of the terms and conditions upon which the bids for the purchase of the Bonds will be received, the sale thereof awarded and the Bonds issued. The Bonds will be issued for the purpose of financing a portion of the cost of constructing and equipping a recreation facility and outdoor swimming pool within the City, in accordance with the provisions of Minnesota Statutes, Chapter 475. DATE, TYPE AND DENOMINATION The Bonds will be dated, as originally issued, as of December 1, 1984, will be issued as negotiable investment securities in registered form as to both principal and interest and will be issuable in the denomination of $5,000 or any integral multiples thereof. MATURITIES AND REDEMPTION The Bonds will mature on March 1 in the following years and amounts: Year Amount Year Amount 1987 $25,000 1995 $25,000 1988 25,000 1996 25,000 1989 25,000 1997 25,000 1990 25,000 1998 25,000 1991 25,000 1999 50,000 1992 25,000 2000 50,000 1993 25,000 2001 50,000 1994 25,000 2002 50,000 Bonds maturing in 1994 and later years will be subject • to redemption and prepayment, at the option of the City and in whole or in part, in inverse order of maturities and by lot -5- assigned in proportion to their principal amount, within any • maturity, on March 1, 1993, and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT The City will select a suitable bank or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. The City will pay the charges of the Registrar for such services. The City reserves the right to remove the Registrar and appoint a successor. INTEREST PAYMENT DATES, RATES Interest will be payable each March 1 and September 1, commencing March 1, 1985, to the registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 5 /100ths or 1 /8th of 1 %, and no rate of interest nor the net effective rate of the issue may exceed the maximum legal rate determined pursuant to Minnesota Statutes, Section 475.55. DELIVERY Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Registrar, at least 5 business days before delivery of the Bonds, of the persons in whose names the Bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City ! at its designated depositary on the date of closing in immediately available funds. 0 . LEGAL OPINION An opinion as to the validity of the Bonds and as to the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. The legal opinion will be printed on the Bonds at the request of the purchaser. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent enforceability may be limited by State of Minnesota or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights generally. TYPE OF BID AND AWARD Sealed bids for not less than $492,000 and accrued interest on the principal sum of $500,000 must be mailed or delivered to the undersigned and must be received prior to the time stated above. All bids will then be publicly opened and tabulated and submitted to the City Council at 7:30 o'clock, p.m., Central Time, the same day for consideration and action. No bid maybe altered or withdrawn by the bidder after the time specified above for opening bids. Each bid must be unconditional and must be accompanied by a cashier's check or certified check or bank draft in the amount of $10,000, payable • to the City Administrator to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest on all Bonds from December 1, 1984 to their maturities, less any cash premium or plus any discount) will be deemed the most favorable. The net effective rate on the Bonds may not exceed the maximum legal rate determined in accordance with Minnesota Statutes, Section 4.75.55, Subdivision 4. In the event that two or more bids state the lowest net interest cost, the sale of the Bonds will be awarded by lot. No oral bid and no bid of less than $492,000 for principal, plus accrued interest on all of the Bonds, will be considered and the City reserves the right to reject any and all bids, to waive informalities in any bid, and to adjourn the sale. is CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. SIG 0 0 Information for bidders and bidding forms may be obtained from the undersigned. Dated: October 23, 1984. BY ORDER OF THE CITY COUNCIL Gary D. Plotz City Administrator Hutchinson, Minnesota • 0 0 . 4. Official Statement. The City Administrator, in cooperation with Ehlers and Associates, Inc., financial consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable and necessary to adequately describe the City and the security for, and terms and conditions of, the Bonds. Adopted by the City Council on October 23, 1984. Attest: City Administrator . (SEAL) 0 Approved: Mayor The motion for the adoption of the foregoing 0 resolution was duly seconded by Member and upon roll call taken and tallied by the City Administrator, the following Council Members voted in favor: and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Administrator. • -10- Y) 587 -5151 f/U7lH' CITY OF HUTCHINSON . 37 WASHINGTON AVENUE WEST 14UTCHNSON, MILAN 55350 M E M 0 DATE: October 15th, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: Demolition Bids I recommend awarding Demolition Contracts as follows: Erickson $ Templin - $1,835.00 - 623 -2nd Avenue S.E. . - $1,850.00 - 679 -2nd Avenue S.E. Juul Contracting - $1,374.00 - 45 Erie St. Don Rettman Const. - $2,120.00 - 427 -1st Avenue S.E. - $1,400.00 - 447 -1st Avenue S.E. - $1,350.00 - 645 -2nd Avenue S.E. Peterson Earth Movers, Inc. - $1,700.00 - 613 -2nd Avenue S.E. A further recommendation for 515 -1st Avenue S.E. will be made on November 13th, 1984. Marlow V. Priebe Director of Engineering MVP /pv cc: Bruce Ericson . Ralph Neumann Dick Nagy Randy DeVries F a A) 587 -5151 ilarcH/ CITY OF HUTCHINSON . 37 WASHfNGTON AVENUE WEST HU`CHINSON, M/NN, 55350 M E M O R A N D U M DATE: October 19, 1984 TO: Mayor and City Council ------------------------------ FROM: Kenneth B. Merrill, Fimance Director ------------------------------ SUBJECT: Administration and Engineering Costs ------------------------ - - - - -- Current City policy on special assessments for property owners has been to add 25% of construction costs to cover lega, issuing fees, capitalized in- terest, administration, and engineering fees. Dorsey (legal), Ehlers (finan- cial), and the capitalized interest are paid direct and based upon the size 40 of issue and prevailing interest rates. Based upon 17% of construction cost, the City has reimbursed to the City's general fund, engineering and administration. A 1981 memo was the basis of this decision, a copy of which is attached. Since we do not have a full costing system in place, and the cost of imple- mentation of such a system may possibly be more than the value derived, we could only guesstimate our actual cost each year and, of course, the variable on number and size of the assessment rolls come into play. In 1983 the engineering staff monitored their time and reported 63% of the work time spent on 1982, 1983 and 1984 projects. Miscellaneous (including future projects, past project recording "as builts ") account for an additional 12% of the 1983 work time, or a total in 1983 of 75% of work time was spent on past, present or future projects. Keep in mind this was for only one year. Administration becomes even more of a guesstimate, and I do not feel in a good position at this time to say what amount of time has been used, for instance on 1984 projects. Part of the difficulty is determining what time is related to a project and what is related to general maintenance of the system which is used on special assessments. If the Council feels the 17% factor is too high, a lower percentage could be used. To be consistent, the same percentage should be used each year to be . fair to property owners who have projects. By doing so, arbitrary decisions would be avoided. /ms �/ I (612) 879 -2311 /CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE; September 29, 1981 TO: Mayor and Cites Council FROM: Gard D. P1otzL City Administrator_ SUBJECT: Engineering and Administrative Fees for Annual Improvement Issues I have contacted Wes Hendrickson of Toltz, King, Duvall, Anderson & Associates (TKDA) regarding the engineering fees associated with doing annual improvement projects. In addition, I have contacted Mr. Chuck Barger of Rieke, Carroll and Mueller (RCM) regarding the fees they charge for engineering on annual improvement projects. Both of these private consulting firms have approximately the same fee structure as represented by the following breakdown: Preliminary-Engineering Work Measurement and recording of elevations Preparation of the engineer's preliminary report to the City Council Attendance at all City Council and Planning Com- mission meetings Reviewing proposed projects All supplemental reports, including maps for public review % CHARGE 4% Engineering Work 8% • Basic design of the improvement Preparation of final plans and specifications for bidding process and all bidding documents Y1 n LJ • Staking and Inspection Field work and staking of improvement On -site inspection through completion of contract SUB -TOTAL Administrative and Fiscal Preparation of notices for public hearing Preparation of notices for adopting assessment roll Preparation of individual assessment calculations Preparation of assessment roll Finalization of assessment roll for certification to county On -going administrative costs of bond issue and fiscal review TOTAL 2 CHARGE 5 -62 17 -182 3 -52 20 -232 Both of the engineering firms stated that these percentages apply to improvement projects of size of $1 million or less. Percentages may change slightly if there is a substantially larger issue. Also, the type of work may cause percentages to change; however, streets, sewer and water projects, storm sewer projects, are all commonly within the percent range as shown above. To re -check my findings of the private consultant I contacted Mr. Bill Fahey of Ehlers 6 Associates to determine what was being charged by other communities. I report the following: CITY Faribault Fairmont Grand Rapids Northfield 2 CHARGE 20 20 20 20 r i CITY Z CHARGE • Owatonna 20 Winona 20 Worthington 19 -22 Mr. Fahey stated that in regard to storm sewer projects, some cities have charged as much as 25% for engineering and administrative costs. However, 20% is the com- mon amount charged for these costs. He has also been contacted by various other engineering firms and similar percentages have been given by firms other than RCM and TKDA. /ms LI 0 0 (612) 587 -5151 0 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 15, 1984 Gary D. Plotz City Administrator HUTCHINSON CITY HALL Hutchinson, Mn 55350 RE: Option on Wendorff Property Dear Gary: CO OCT LP vF� a BI After our discussion on Friday, I received a phone call from the Wendorff's. They indicated that they wanted only a option for a ninety -day time frame with the ability to remain in the buildings until July 31, 1985. I have drafted the Option Contract according to those terms and have forwarded a copy to the Wendorffs. I would suggest that the Option Contract be placed on the agenda for the next Hutchinson City Council meeting for the Council's consideration. JHS:dlp Enclosure Sincerely yours, CITY OF HUTCHINSON By/ )W4 Ja s H. Schaefer Hutchinson City Attorney r _ n , • OPTION CONTRACT Is For and in Consideration of the sum oJ__ One,_ Hundred_,gtrl,�_Q[,j,QQtih,g_ - -, _�oRan to me in hand paid, the receipt whereof is hereby acknowledged, I hereby grant unto ... ....... T.h tt...D.i tY.. si... tiuGnhinsnn ....a...Municipal...Qnrpara Uon._.......-...__. ....._........_ ................ ....... _ ............ _ ...... _ ... _ .................. . .... ....... __ ---- an ....... _ ... Pur Cha se_ .......... Option fop ........ 9- 9 ......................... day# from the ...... ..... ._._.- 2jrd._ ......... ....day of__— OCiober ..... ... — .._..ly_ .i,... to purchase, for the sumo %Qna.,. Hundred _Thirty,- Four.._Thoueaxld ana.r�q(},Qg,�h,p.DOLLdRS (1..13.4,.DQQ.100 the following described in the County o/ McLeod ,and State of ----- .iF3lesot�._.., —,.__. to -wth Lot 5 and the South 56 Feet of Lot 4, Block 51, Townsits of Hutchinson, North Half upon the following terms and conditions, to -wit: If option is exercised by City of Hutchinson,Grantors shall have right to maintain occupancy of buildings located on property until July 31, 1985. Right of occupancy terminates upon grantors vacation of buildings. Sad _ ......... City -of Hutchinson. g Municinaj Cor.p.43:AtS.1071_ —_ -- ....... _t.' shall signify his intention to take said property by due notice in writing, and shall perform the co'n ditions and Comply with the terms of this Option, all within the time above specified; and a failure to give such notice, and comply with the terms and perform the Conditions hereof (except as herein- after provided), within the time apeci/led, shall terminate this Option, and all rights thereunder without further act or notice whatsoever, time being the essence of this agreement. In case said notice shall be given in due time, but transaction is not completed, then-J-9 shall be given in which to ezamine titles, make conveyances and close the transaction. In Presence of I amea end dorff Robert C. Wendorf£ accept said Option and agree to aaah and all of its terms. In Presence of - - - -- -- - - -- - - -- '- -' —- Robert H. Stearns, Mayor Gary D. Plotz, City Clerk 9 Ll 2) 587 -5151 f/UTCN' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHiNSON, MINN 55350 M E M 0 DATE: October 18, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: Sealing of Wells Attached is the cost estimate data Mr. Nagy has obtained. Request permission to proceed. MVP /pv attachment M Marlow V. Priebe Director of Engineering Y-6- (612) 879 -2311 CITY OF HUTCHINSON rfU "CHlNSON. ;VIVA. 55350 M E M O R A N D U M DATE: October 16, 1984 --------- - - - - -- TO: — Mat1 Qlv Priebe _ -- — — — — — — — — — — — — — — — — — — — — — FROM: Richard Nagy -------------------------------- su9,7EcT: Sealing of Wells ---Cost Estimate — ---------------- — — — — — — — — - - — — — As per your instructions, I have received a cost estimate from UP Enterprises for the sealing of wells on LAWCON property. To the best of our knowledge, there are five wells to be sealed. Since all but one are shallow points, these can be taken care of relatively easily by filling with sand and capping. LTP quotes us $40.00 an hour with the City providing one helper and the sand, with the job taking about one -half day. This does not include the well at 613 Second Avenue SE which will have to be done at the time it is vacated. Since the well at 45 Erie Street also serves 103 Erie Street, the well must be disconnected from 45 Erie but left in service for 103 Erie. This can be done with relative ease but must be modified to be brought in com- pliance with the State of Minnesota Well Code, since the well will be on City property, making the City liable for its construction. State code requires that the well be made "pitless ". At this time, we are waiting for approval from the State Department of Health as to a couple of possible modifications. Depending on which method meets approval, the cost will be $300 to $500. • cc: Ralph Neumann 0 0 9 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 16, 1984 Mr. & Mrs. Mike Carls 915 Neal Avenue Hutchinson, MN 55350 Dear Mike and Peggy: On Friday, October 12, I received your call regarding the Gutormson complaint. Please review the series of correspondence and action subsequent and immediate to your original telephone call. 1. Memorandum dated September 10, summarizing the problem - copies to staff. 2. Letter from City Attorney to Tom and Ray Gutormson, giving them notice to correct the zoning problems. 3. Letter of September 10, 1984, specifically regarding the discharge of anti- freeze. 4. Memorandum of September 23, regarding an update on the Gutormson property, including an October 19 deadline for the outbuilding removal. 5. A second letter of notice dated October 4, 1984, this time from the Building Official, to cease repair and clean up area within seven days. 6. Third letter of notice to discontinue repair business dated October 16, 1984, with notice of intent to place on Council agenda. Regarding the outbuilding, please note the October 19 deadline has not passed. Regarding the zoning violation, the time limit of October 11 has expired, and the I atter shall be placed on the next City Council agenda. Under Section 6.01 of the zoning ordinance, the Council shall authorize the City Attorney to proceed with legal proceedings. I have been advised by Jim Schaefer that this will involve a long form criminal complaint. Sincerely, • CITY OF HUTCHINSON F� j lotz City Administrator cc: James Schaefer, City Atty. Homer Pittman, Bldg. Official Marlow Priebe, City Eng. Dean O'Borsky, Police Chief Roger Bakken, Comm. Service Officer Mayor & City Council 9-12,. Mr. Gary D. Plotz City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Transfer of Bond Issuance Authority to the City of Ortonville Dear Gary: 201 DAVIDSON BUILDING B THIRD STREET NORTH GREAT FALLS,MONTANA 89901 (406) 727-3632 SUITE 079 MOW" 1800 M STREET N.W. WASHINGTON, D. C. 20036 (202) 959-1005 30 RUE LA SOFTIE 75009 PARIS, FRANCE Oil 331 502 32 50 1�12,�g1415161 8 CO �1984 La La . In connection with the proposal that the City of Hutchinson transfer $1,500,000 of its bond issuance authority to the City of Ortonville for the Boundary Natural Gas Company Project, enclosed are six copies of a form of resolution of the Hutchinson City Council and six copies of a draft of a form of Agreement between Hutchinson, Ortonville and Boundary Natural Gas Company. Also enclosed is a copy of a form of resolution of the Ortonville City Council. Once you have reviewed this material, if you have any questions or comments, please call me. JPG:cmn Enclosures cc: Mr. James Schaefer Mr. John Kirby • Yours truly, J ome P. Gilligan DORSEY & WHITNEY • A P4NnOmhip Including Prabssionel Gb,por b" 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 510 NORTH CENTRAL LIFE TOWER (612 ( 340 -2600 196 MINNESOTA STREET ST. PAUL,MINNESOTA 56101 TELEX:29-0805 (812)227 -BOA TELECOMER: (812)390 -2888 P. 0. am 818 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 65903 (5O7) 288 -3158 318 FIRST NATIONAL SANK BUILDING JEROME P. GILLIGAN WAYZATA, MINNESOTA 58391 (612)475 -0373 (612) 3411 -2962 October 16, 1984 Mr. Gary D. Plotz City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Transfer of Bond Issuance Authority to the City of Ortonville Dear Gary: 201 DAVIDSON BUILDING B THIRD STREET NORTH GREAT FALLS,MONTANA 89901 (406) 727-3632 SUITE 079 MOW" 1800 M STREET N.W. WASHINGTON, D. C. 20036 (202) 959-1005 30 RUE LA SOFTIE 75009 PARIS, FRANCE Oil 331 502 32 50 1�12,�g1415161 8 CO �1984 La La . In connection with the proposal that the City of Hutchinson transfer $1,500,000 of its bond issuance authority to the City of Ortonville for the Boundary Natural Gas Company Project, enclosed are six copies of a form of resolution of the Hutchinson City Council and six copies of a draft of a form of Agreement between Hutchinson, Ortonville and Boundary Natural Gas Company. Also enclosed is a copy of a form of resolution of the Ortonville City Council. Once you have reviewed this material, if you have any questions or comments, please call me. JPG:cmn Enclosures cc: Mr. James Schaefer Mr. John Kirby • Yours truly, J ome P. Gilligan • CERTIFICATE OF MINUTES RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A special meeting held on October 23, 1984, at o'clock .M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting, including: RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING THE ISSUANCE BY THE CITY OF ORTONVILLE, MINNESOTA OF BONDS PURSUANT TO THE BOND ISSUANCE AUTHORITY OF THE CITY AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY THEREFOR I, the undersigned, being the duly qualified and acting City Administrator of the City of Hutchinson, Minnesota (the "City "), do hereby certify that attached hereto is a correct and complete copy of a resolution duly adopted by the City Council at a meeting duly called and held on October 23, 1984. WITNESS my hand officially as such City Administrator and the seal of the City this day of , 1984. (SEAL) 11 Signature Gary D. Plotz, City Administrator Name and Title • 0 Member resolution and moved its adoption: introduced the following . RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING THE ISSUANCE BY THE CITY OF ORTONVILLE, MINNESOTA OF BONDS PURSUANT TO THE BOND ISSUANCE AUTHORITY OF THE CITY AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY THEREFOR BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: 1. Recitals. This City constitutes an "entitlement issuer" under Minnesota Statutes, Chapter 474 (the Act) and has been allocated an entitlement amount of bond issuance authority under the Act for the 1984 calendar year in the amount of $2,484,533 (the Entitlement Amount). This Council has been informed that the City does not reasonably expect to issue obligations before the end of 1984 in the aggregate amount of the Entitlement Amount, less the amount of $375,715 of such Entitlement Allocation previously transferred by the City to the City of New Hope, Minnesota, and that an amount greater than $1,500,000 is available for transfer to other issuers of obligations under the Act. The City of Ortonville, Minnesota (the City of Ortonville), has given preliminary approval to a proposal that the City of Ortonville issue revenue bonds under the Act in the maximum aggregate amount of $2,000,000 (the Bonds) to finance a project under the Act (the Project) on behalf of Boundary Natural Gas Company, a Minnesota corporation (the Borrower). Representatives of the Borrower have requested that the City and the City of Ortonville enter into an agreement pursuant to Minnesota Statutes, Section 474.18, subdivision 4, by which the City of Ortonville may issue up to $1,500,000 of the principal amount of bonds for the Project pursuant to the Entitlement Amount. 2. Determinations. This Council hereby determines that the City of Ortonville' may issue up to $1,500,000 principal amount of bonds under the Act for the Project pursuant to the Entitlement Amount, provided that the Borrower pays to the City the amounts of all costs and expenses of the City relating thereto, including, without limitation, the amount of $15,000, which is equal to the deposit paid by the City to the Minnesota Department of Energy and Economic Development to retain such portion of the Entitlement Amount. 3. Agreement. There has been presented to this Council an Entitlement Amount Allocation Agreement (the • • Agreement) between the City, the Borrower and the City of Ortonville, by which the City of Ortonville is authorized to issue up to $1,500,000 principal amount of bonds under the Act for the Project pursuant to the Entitlement Amount. The form of the Agreement is approved, and the Mayor and City Administrator are hereby authorized and directed to execute and deliver the Agreement on behalf of the City, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney and the City Administrator, which approval shall be conclusively evidenced upon execution and delivery of the Agreement by the City. The Mayor and City Administrator are further authorized and directed to execute and deliver all such other documents as may be necessary in connection with the issuance by the City of Ortonville of bonds for the Project pursuant to the Entitlement Amount hereby approved. Adopted this 23rd day of October, 1984. Mayor Attest: • City Administrator 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 the resolution was declared duly passed and adopted and was signed by the Mayor which was attested by the City Administrator. E -2- • 0 • ENTITLEMENT AMOUNT ALLOCATION AGREEMENT THIS ENTITLEMENT AMOUNT ALLOCATION AGREEMENT (the "Agreement "), between the City of Hutchinson, Minnesota ( "Hutchinson "), a municipal corporation and political subdivision of the State of Minnesota, the City of Ortonville, Minnesota ( "Ortonville "), a municipal corporation and political subdivision of the State of Minnesota, and Boundary Natural Gas Company (the "Borrower "), a Minnesota corporation, provides as follows: 1. Recitals. (A) Both Hutchinson and Ortonville are authorized pursuant to Minnesota Statutes, Chapter 474, as amended (the "Act "), to issue revenue bonds to defray, in whole or in part, the costs of a "project" as defined in the Act. (B) Hutchinson constitutes an "entitlement issuer" under the Act and has been allocated an entitlement amount of bond issuance authority under the Act for the 1984 calendar year in the amount of $2,484,533 (the "Entitlement Amount "). To retain the Entitlement Amount after August 31, 1984, Hutchinson has submitted to the Minnesota Department of Energy and Economic Development on or before September 1, 1984, a letter which stated its intent to issue obligations pursuant • to its Entitlement Amount before the end of the 1984 calendar year, together with a deposit in the amount of 1% of the Entitlement Amount. (C) The Ortonville City Council has given preliminary approval to a proposal that Ortonville issue its revenue bonds under the Act in an amount not exceeding $2,000,000 to defray, in whole or in part, the costs to be incurred in connection with the construction and installation of a natural gas distribution system throughout Ortonville (the "Project ") by the Borrower. (D) In order to issue the Bonds it will be necessary for Ortonville to have bond issuance authority under the Act in an amount at least equal to the principal amount of the Bonds which are issued.' To obtain the bond issuance authority Ortonville is permitted to enter into an agreement pursuant to Minnesota Statutes, Section 474.18, subdivision 4, with another municipality which is an entitlement issuer under the Act, by which Ortonville would be authorized to issue bonds pursuant to the entitlement issuance authority allocated to such other municipality. (E) Representatives of the Borrower have requested that Ortonville be authorized to issue up to $1,500,000 principal • amount of bonds under the Act for the Project pursuant to 0 a portion of the Entitlement Amount of Hutchinson, and that • in evidence thereof and in accordance with Minnesota Statutes, Section 474.18, subdivision 4, Hutchinson and Ortonville enter into this Agreement. Section 2. Representations of Hutchinson. Hutchinson makes the following respresentations as the basis for its undertakings herein: (A) Hutchinson is an entitlement issuer under the Act and as of the date hereof its remaining Entitlement Amount which it has not allocated to any person or project is in excess of $1,500,000. (B) The execution and delivery of this Agreement and the performance of all covenants and agreements of Hutchinson contained herein have been authorized by a resolution of the Hutchinson City Council. Section 3. Representations of Ortonville. Ortonville represents as the basis for its undertaking herein that the execution and delivery of this Agreement and the performance of all covenants and agreements of Ortonville contained herein have been authorized by a resolution of the Ortonville City Council. Section 4. Representations of Borrower. The Borrower • represents as the basis for its undertakings herein that the execution and delivery of this Agreement and the performance of all covenants and agreements of the Borrower contained herein have been duly authorized by proper corporate action of the Borrower. Section 5. Authorizations. Ortonville is hereby authorized on or prior to December 31, 1984 to issue up to $1,500,000 principal amount of revenue bonds under the Act for the Project pursuant to the Entitlement Amount. Hutchinson agrees that it will not take any actions or issue bonds under the Act the effect of which is to reduce the Entitlement Amount to an amount less than $1,500,000. Section 6. Deposit. Upon the execution hereof, the Borrower will pay to Hutchinson the amount of $15,000, which is the amount which has been paid by Hutchinson to the Minnesota Department of Energy and Economic Development to retain that portion of the Entitlement Amount reserved to the Project. If requested by the Borrower, Hutchinson will return all or a portion of the Entitlement Amount reserved for the Project to the Minnesota Department of Energy and Economic Development. Upon filing of this Agreement with the Minnesota Department of Energy and Economic Development (the "Department ") in accordance with Section 8 hereof, $15,000 of the application deposit paid by Hutchinson will be credited -2- • • i to Ortonville in accordance with rules promulgated by the Department. Ortonville agrees to pay to the Borrower any portion of the application deposit credited to Ortonville by the Department which is paid by the Department to Ortonville upon return of the allocation to the Department or the issuance of the Bonds or any combination thereof. Section 7. Fees and Expenses. The Borrower hereby agrees to reimburse Hutchinson and Ortonville for all reasonable and necessary direct out -of- pocket expenses which Hutchinson or Ortonville may incur in the execution of this Agreement and the performance of their obligations hereunder. Section 8. Filing of Agreement. Ortonville shall cause a copy of this Agreement, together with a certified copy of the resolution adopted by the Ortonville City Council on September 4, 1984, giving preliminary approval to the Project, to be filed with the Department on or before October 31, 1984. IN WITNESS WHEREOF into this Agreement this (SEAL) (SEAL) the parties hereby have entered day of October, 1984. CITY OF HUTCHINSON, MINNESOTA By Mayor And City Administrator CITY OF ORTONVILLE, MINNESOTA By Mayor And City Clerk BOUNDARY NATURAL GAS COMPANY • By C� J 0 0 CERTIFICATION OF MINUTES RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BONDS (BOUNDARY NATURAL GAS COMPANY PROJECT) Issuer: City of Ortonville, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting, held on 1984, at o'clock .M. at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting, including: RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND BOND ISSUANCE AUTHORITY ALLOCATED TO THE CITY OF HUTCHINSON, MINNESOTA; AUTHORIZING THE ISSUANCE BY THE CITY OF BONDS PURSUANT TO SUCH AUTHORITY, PROVIDING FOR PAYMENT OF COSTS INCIDENT THERETO AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY 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 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 day of October, 1984. (SEAL) Signature Donald Geier, City Clerk Name and Title E Member resolution and moved its adoption: introduced the following . RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND BOND ISSUANCE AUTHORITY ALLOCATED TO THE CITY OF HUTCHINSON, MINNESOTA; AUTHORIZING THE ISSUANCE BY THE CITY OF BONDS PURSUANT TO SUCH AUTHORITY, PROVIDING FOR PAYMENT OF COSTS INCIDENT THERETO AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY THEREFOR BE IT RESOLVED by the City Council of the City of Ortonville, Minnesota (the City), as follows: 1. Recitals. This Council has given preliminary approval to a proposal that the City issue revenue bonds under Minnesota Statutes, Chapter 474 (the Act), in the maximum aggregate amount of $2,000,000 (the Bonds) to finance a project under the Act (the Project) on behalf of Boundary Natural Gas Company, a Minnesota corporation, (the Borrower). Prior to the issuance of the Bonds it will be necessary for the City to obtain bond issuance authority under the Act for the Project. This Council has been informed that the City of Hutchinson, Minnesota (the City of Hutchinson), is an "entitlement issuer" under the Act and has been allocated an entitlement amount of bond issuance authority under the Act for the 1984 calendar year in the amount of $2,484,533. Because the City of Hutchinson does not reasonably expect to issue bonds pursuant to the Act in the 1984 calendar year in an aggregate amount equal to its bond issuance authority, the City of Hutchinson is willing to permit the City to issue up to $1,500,000 principal amount of bonds under the Act for the Project pursuant to the City of Hutchinson's bond issuance authority, upon the City of Hutchinson being reimbursed by the Borrower for all costs and expenses incurred in connection with such allocation and transfer. 2. Determinations. This Council hereby determines that the issuance of the Boffds pursuant to bond issuance authority of the City of Hutchinson thereto in order to finance the Project is in the best interests of the City, and hereby approves the authorization of such issuance by the City Council of the City of Hutchinson. Such determination and approval is conditional upon the Borrower's paying all costs and expenses of the City and of the City of Hutchinson with respect thereto, including, without limitation, the amount of $15,000, which is equal to the deposit paid by the City of Hutchinson to the Minnesota Department of Energy and Economic Development to retain after August 31, 1984 such portion of the City KI 0 E 0 of Hutchinson's bond issuance authority to be allocated to the City. 3. Agreement. There has been presented to this Council an Entitlement Amount Allocation Agreement (the Agreement) between the City, the Borrower and the City of Hutchinson, by which the City is authorized to issue bonds in an aggregate amount of $1,500,000 under the Act for the Project pursuant to the City of Hutchinson's bond issuance authority under the Act. The form of the Agreement is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the City, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney and City Clerk, which approval shall be conclusively evidenced upon execution and delivery of the Agreement by the City. The City Clerk is hereby authorized to file a copy of the Agreement and a certified copy of the resolution adopted by the City Council on September 4, 1984, giving preliminary approval to the Project with the Minnesota Department of Energy and Economic Development on or before October 31, 1984. The Mayor and City Clerk are further authorized and directed to execute and deliver all such other documents as may be necessary in connection with the issuance by the City of the Bonds for the Project pursuant to the City of Hutchinson's bond issuance authority under the Act. Attest: Adopted this day of October, 1984. Mayor City Clerk 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 the resolution was declared duly passed and adopted and was signed by the Mayor which was attested by the City Clerk. -2- • RICHARD A. PETERSON ATTORNEY AT LAW October 18, 1984 Hutchinson Utilities Commission of the City of Hutchinson 225 Michigan Street Hutchinson, MN 55350 City of Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Gentlemen: • TELEPHONE (6121 597-1420 116 MAIN STREET SOUTH P.O. SOX 85 HUTCHINSON. MINNESOTA 35950. 1 0 D e�� Inquiry has been made regarding whether any conflicts of interest occur as a result of the involvement of Eugene "Bud" Daggett in ,,occur Natural Gas Company, Inc. FACTS Eugene "Bud" Daggett is a commissioner of the Hutchinson Utilities Commission of the City of Hutchinson (HUC) . The Commission consists of three commissioners, all appointed for a six -year term by the City Council. The Commission has "full, absolute, and exclusive control of and power over" the City's electric and gas operations. Rufus Alexander is general manager and an employee of HUC, hired by the Commission. Boundary Natural Gas Company, inc. (BNG), is a private business corpo- ration. Rufus Alexander is a 25 percent shareholder. Bud Daggett's family is a 25 percent shareholder. Persons affiliated with Northern Natural Gas are owners of the remaining 50 percent. Rufus Alexander and Bud Daggett are officers of BNG and active in its management. Boundary Natural Gas Company, Inc., has obtained and expects to own and operate natural gas franchises in the Cities of Clear Lake, Dig Stone City, and Milbank, all in South Dakota; and from the City of Ortonville, in Minnesota. q -,& 0 0 Hutchinson Utilities Commission of the City of Hutchinson City of Hutchinson Page 2 October 18, 1984 QUESTION Whether any conflicts of interest are created as a result of Daggett's interest in and activities on behalf of Boundary Natural Gas Company, Inc. DISCUSSION AND OPINION The first question which comes up is: Does the mere existence of the outside business relationship with Alexander and in BNG constitute a conflict? The general rule is that any official who has a personal pecuniary interest that may conflict with the public interest in considering an official action is generally disqualified from participating in the action. "The purpose behind the creation of a rule which would dis- qualify public officials from participating in proceedings in a decision - making capacity when they have a direct interest in its outcome is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) The nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials making the decision who are interested; (4) the need, if any, to have interested persons make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily to further their selfish interests." Lenz vs. Coon Creek Watershed District, (1967) 278 Minn. 1, 153 N.W. 2nd 209. It is stated in "Official Conflict of Interest," 140a.3, revised November, 1978, published by the League of Minnesota Cities, that: "When there is such a disqualifying personal interest, the action is not necessarily void, however in contrast to the rules regarding conflict of interest as applied to contracts, the official action may still be taken validly if the disqualified official does not participate, and the action is approved by the requisite number of non - interested votes." . • 9 Hutchinson Utilities Commission of the City of Hutchinson • City of Hutchinson Page 3 October 18, 1984 It does not appear that the personal pecuniary interest of Daggett resulting from the outside business relationship with Alexander and from his interest in BNG conflicts with the public interest in the regular, routine, and on -going business matters of HUC. Daggett can exercise his supervisory role over Alexander at HUC even though they are "business partners" in an outside business. The second question which comes up is: what happens if a conflict does arise? In the event a matter or action does come before the Commissioners in which it appears that the personal pecuniary interest of Daggett resulting from his relationship with Alexander or his interest in BNG conflicts with the public interest, then he is disqualified from participating in and voting on the matter. The Commission consists of three members. The remaining two members constitute a quorum and can act on matters which involve a conflict as far as Daggett is concerned. Ve ruly yours Richard A. Peterson RAP /jes i October 4, 1984 9 league of minnesota cities TO: Mayors, Manager, and Clerks FROM: Stan Peskar, General Counsel RE: PERA -- Appointment of John Allers Attached are several newspaper articles that express my concern about the appointment of John Allers as interim director of PERA. I think that cities and city employees should be very concerned about the lack of an open and above board appointment process and that the executive directorship of PERA has been turned over to an individual without even a minimal investigation into his qualifications to meet the requirements under PERA policies. Certainly, by industry standards, Mr. Allers is not at all .qualified. This appointment, even in the interim, is not in the best interest of PERA or its members. Also attached is a copy of our complaint against the PERA Board members who we feel violated the Open Meeting Law. We will also pursue actions which we feel violate the fiduciary responsibility of Board members who have supported the Allers appointment. Additionally, the League of Minnesota Cities Board, at its next meeting, will consider a resolution requesting a legislative review of PERA. Your city's assistance would be helpful in several ways: Cc37 1) Post copies of the newspaper articles in several areas: lounge areas 4v.plo�ers or on bulletin boards used for employee information dissemination or e_12_g use other appropriate methods of communication. Employees may want to write individually or cojlectively petition PERA, the legislature, and the governor for an investigation and other action. 2) Ask the city council to pass a resolution similar to the sample enclosed or write a letter expressing concern. 3) Mail your resolution or letter to the Governor, area legislators, PERA, LMC and the chairman of the Pension Commission, the chairman of the House Subcommittee on Pensions and Investments, and the chairman of the Senate Governmental Operations Committee. (See attached addresses.) • I want to thank you for your immediate attention to this matter. SP: 1W -HOVER I b0 university avenue east, at. paul, minnesota 551 01 CS 21 227- 560C}� r. 0 0 SAMPLE RESOLUTION RESOLUTION #_ RESOLUTION ON THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHEREAS, Most of the employees of the city of belong to the Public Employees Retirement Association; and WHEREAS, A number of Public Employees Retirement Association Board members have raised significant questions relating to PERA Board election procedures, to the appointment process used to hire an interim Executive Director of the Public Employees Retirement Association, as well as other administrative matters; and WHEREAS,the present method for electing PERA board members results in electing only those with such financial backing as to permit expensive mailed information campaigns, permitting a single organization or individual to determine board membership; and WHEREAS, greater diversity on the board would assure that decisions of that body are better considered; . NOW THEREFORE BE IT RESOLVED that the city council of > Minnesota, requests the following actions: 1. That the legislature conduct an investigation into PERA Board election practices and also into the administration of PERA. 2. That the legislature consider amending the statutes which determine the method by which the PERA board is constituted to provide that three fewer members shall be elected by the PERA general membership and three additional members shall be appointed by the governor from among non PERA member citizens of Minnesota. 3. That immediate action be taken to remove the interim Executive Director and to provide for an open process to select a Public Employees Retirement Association Executive Director. Adopted by the Council on Attest City Clerk Mayor E (612) 587 -5151 ' �$g10 fl T2131A� %HUTCH CITY OF HUTCHINSON OCT 1984 37 WASHINGTON AVENUE WEST a J% E HUTCHINSON, MINN. 55350 n P, -�qc" October 11, 1984 Mayor Robert Stearns and the Hutchinson City Council RE: Liquor License for T. L. Scalawags, Inc. Dear Mayor Stearns: On March 21st of 1984 I contacted you by letter concerning the propriety of T. L. Scalawags, Inc. using its on -sale liquor license to serve alcoholic beverages in Crow River Lanes. At that time I stated, "I do not feel that issuance of a license which would allow or permit the sale of intoxicating liquors directly to patrons of Crow River Lanes would be appropriate since T. L. Scalawags, Inc. and Crow River Lanes are two separate establishments under individual proprie- torship." Since the practice was of long standing duration, I contacted the Attorney General's Office in order to obtain a formal opinion on this matter. I am enclosing a copy of the April 27, 1984 letter to the Attorney General's Office for your files. On October 3, 1984 I received an opinion from Linda F. Close, Special Assistant Attorney General, indicating that T. L. Scalawags' liquor license could not be utilized to sell and dispense alcoholic beverages to patrons in Crow River Lanes nor would they be permitted to do so if T. L. Scalawags, Inc. and Crow River Lanes shared common ownership or common management. I am enclosing a copy of the Attorney General's opinion for your records. Given the Attorney General's opinion, I feel that the city can no longer permit the sale of alcoholic beverages to patrons of Crow River Lames by T. L. Scalawags. I would request that this matter be placed on the agenda for the October 23rd, 1984 council meeting. At that council meeting, it is my recommendation that the liquor license issued to Mr. Dolder be amended to provide for sale only on the premises of T. L. Scalawag's Inc. The window between the two businesses would also be required to be closed. If you or any member of the council has a question concerning this matter, please feel free to contact me directly. Sin rely yours, JHS:d1p By/ Ja es H. Schaefer Enclosures Hutchinson City Attorney cc Thomas Do Crow River L River Lanes L,� OBERI' H. HUMPHREY, 111 AT- FORNLY OFNERAI. 0 0 COT 1 oft STATE OF MINNI:SMA OFFICK OR TUE A'1 "1'11NYI V GI :N" NI 5T. PA 1'I. 5.Mir October 3, 1984 James H. Schaefer Hutchinson City Attorney 37 Washington Avenue West Hutchinson, MN 55350 Dear Mr. Schaefer: In your letter to Attorney General Hubert H you have presented the following facts: AUURI NN ki N Y TO M (I NJ) 11 ()OR I Oki) RI M, II' I NINI R1111 NlI NJ P111, %IN 111" I1.111910NF 161 .1)2%' 71 Humphrey, III, The City of Hutchinson, Minnesota has issued an "on- sale" liquor license to Mr. Thomas Dolder for his restaurant, T. L. Scalawags, Inc., which is located in Hutchinson. T. L. Scalawags, Inc. is a restaurant as defined by Minn. Stat. § 340.07, subd. 14. T. L. Scalawags, Inc. is located in g& a building owned by Mr. Dolder which also houses Joe's Sports Shop and Crow River Lanes, a bowling alley. The two latter businesses are leased from Mr. Dolder and are individually managed and run as separate business enterprises by persons other than Mr, Dolder. When T. L. Scalawags, Inc. was first issued its "on- sale" liquor license, the license provided in relevant part: "1. License shall cover the Hutch Bowl (now Crow River Lanes, except game room. 2. Hutch Bowl shall terminate it's 3.2 beer license." Under these provisions, T. L. Scalawags, Inc. has been selling and dispensing intoxicating liquor and strong beer to patrons of Crow River Lanes. Drink orders are taken from patrons of bowling alley and the beverages are passed through an opening in a wall that is common to both T. L. Scalawags, Inc. and Crown River Lanes. The drinks are paid for and consumed on the premises of Crow River Lanes. Crow River Lanes shares in a portion of the receipts of the sales of these alcoholic beverages with the balance retained by T. L. Scalawags, Inc. AN EQUAL OPPORTUNITY EMPLOYER F James H. Schaefer Page 2 October 3, 1984 Based on these facts you then have asked the following questions: 1. Given the above - described factual situation, may the T. L. Scalawags, Inc. liquor license be utilized to sell and dispense alcoholic beverages to patrons of Crow River Lanes? 2. If the answer to question No. 1 is in the negative, would the response change if T. L. Scalawags, Inc. and Crow River Lanes shared common ownership or common management? 1. Your first question is answered in the negative. Minn. Rules pt. 7515.0430, subp. 3 (1983) provides that no intoxicating liquor license shall be granted for any premises with inside access to another business establishment unless the combination is permitted by Minn. Rules pt. 7515.0420 and the Intoxicating Liquor Act. For fourth class and statutory cities of less than 10,000 persons, "on- sale" liquor licenses in combination with other businesses are prescribed in Minn, rules pt. 7515.0420(A) to include hotels, clubs, restaurants, or exclusive liquor stores. An exclusive liquor store is an "establishment used exclusively for the sale of intoxicating liquor at retail and under control of an individual owner or manager and as incident thereof . . . may offer recorded or live entertainment and make available coin- operated amusement devices. An exclusive liquor store includes an on -sale establishment operating a restaurant or selling food for consumption on the premises " Minn. Stat. § 340.07, subd. 13 (1982). Under this definition, one license can be issued for a combination business only if the combination is owned or managed by one individual. Therefore, since T. L. Scalawagsv Inc. and Crow River Lanes are neither jointly owned nor managed, the license issued to T. L. Scalawags, Inc. and held by Mr. Dolder cannot be utilized to sell or dispense alcoholic beverages to patrons of Crow River Lanes. Further, consistent with this interpretation, inside access from the restaurant to the bowling alley makes issuance of a license to Mr. Dolder inappropriate. See Op. Atty. Gen. 318 -g -6 (Mar. 30, 1959). 0 0 James H. Schaefer Page 3 • October 3, 1984 2. Your second question is also answered in the negative. Minn. Rules pt. 7515.0420 permits inside access between establishments under the control of an individual owner or manager only if the establishments comprise a combination permitted by Rule 7515.0420(A). A bowling alley does not appear to fall within the definition of hotel, club, restaurant or exclusive liquor store as provided in the rule. Therefore, sales of liquor from the restaurant to the bowling alley may not be made. Very truly yours, LINDA F. CLOSE Special Assistant Attorney General Public Safety Litigation Division (612) 296 -7580 LFC:pi Y I I (612) 587.5151 f1UTlH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUrCHINSON, MINN. 55350 April 27, 1984 The Honorable Hubert H. Humphrey, III. Attorney General 102 Capitol Building St. Paul, MN 55155 RE: issuance of the Municipal On -Sale Liquor Licenses Dear Attorney Genaral.Humphrey: The city of Hutchinson has issued an "On -Sale" Liquor license to Mr. Thomas Dolder for the premises described as "T. L. Scalawags, Inc. ", Highway 7 West, Hutchinson, Minnesota. There is no question that T. L. Scalawags, Inc. is a restaurant as defined by Minnesota Statutes 340.07 Subd. 14 and that it is eligible for an "On -Sale" liquor license under the provision of Minnesota Statute 340.11 Subd. 11. T. L. Scalawags,Inc. is located in a building owned by Mr. Thomas Dolder, holder of T. L. Scalawags, Inc. liquor license. In addition to T. L. Scalawags, Inc. Mr. Dolder's building houses Joe's Sports Shop, a sporting good store and Crow River Lanes, a bowling alley. Joe's Sport Shop and Crow River Lanes are leased from Mr. Dolder and are individually managed and run as entirely separate business entities. Neither Mr. Dolder nor the management of T. L. Scalawags, Inc. participate in the management or control of Joe's Sports Shop or Crow River Lanes. When T. L. Scalawags, Inc. was first issued its "an -Sale" liquor license, the license provided that: "1. License shall cover the Hutch Bowl (now Crow River Lanes), except the game room. 2. Hutch Bowl shall terminate its 3.2 beer license. 3. Whenever drinks are consumed in the bowling alley proper, licensee shall employ someone to monitor the activity in the bowling alley to insure that no minors are consuming liquor therein." Under the provisions of those conditions T. L. Scalawags, Inc. has been selling and dispensing alcoholic beverages and •strong beer to patrons of Crow River Lanes. This is accomplished by having orders taken from patrons of'Crow River Lanes and the beverages passed through an opening in a wall that is common to C --0 • The Honorable Hubert H. Humphrey, III. April 27, 1984 Page Two both T. L. Scalawags, Inc. and Crow River Lanes. The alcoholic beverages are paid for and consumed on the premises of Crow River Lanes. Crow River Lanes shares in a portion of the receipts of the sales of these alcoholic beverages with the balance retained by T. L. Scalawags, Inc. I raise the following questions: 1. Given the above- described factual situation, may T. L. Scalawags, Inc. liquor license be utilized to sell and dispense alcoholic beverages to patrons of Crow River Lanes? 2. If your answer to question number one is in the negative, would your response change if T. L. Scalawags, Inc. and Crow River Lanes shared common ownership or common manage- ment? JHS:dlp cc: Tom Dolder Crow River Lanes Sincerely yours, SCHAEFER LAW OFFICE By/ James H. Schaefer Hutchinson City Attorney t r 11 0 0 M E M O R A N D U M DATE: 0 October 18, 1984 TO: Mayor and City Council FROM: Gary D. Plotz, City Administrator ------------------------------ SUBJECT: Deferred Special Assessment of George & Ruth Luthens - ------------------------------ Income Limits George Luthens has contacted me regarding his financial hardship, specifically his total income plus his accumulated savings of $13,000 is rapidly being used up because his wife is seriously ill in Burns Manor Nursing Home. He says the cost to maintain her is $16,800 per year, and that his combined income between their social security and pension is $10,860. George requests favorable consideration of the City Council in the interpre- tation of his available annual income from all sources. He actually has a negative cash flow of $5,940 after the expenditure for Burns Manor. The assessment of $842.75 for storm sewer would be a severe hardship on him. Again, he requests favorable interpretation of his annual income from all sources. /ms /(672) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 August 27, 1984 George H. & R. Luthens 225 So. Hassan St. Hutchinson, MN 55350 This will certify that there is due the sum of $842.75 for RECONSTRUCTION OF STORM SEWER ASSESSMENT ROLL NO. 181 Parcel No. 06- 116 -29 -03 -1010 Property Description: Lot 8, Blk. 26, S 1/2 City This assessment may be paid in full at the Office of the City Clerk with no interest charged if payment is made by October 1, 1984• Partial payments may be made initially, but in the event that a partial payment is made or no payment is made before October 1, 1984, the unpaid balance will bear interest at a rate of 8.4% per annum for the remaining 3 months of this calendar year. The amount of interest at the time of certification will be an actual 10.5% of the principal amount (15 months at 8.4%). The amount of interest plus 1/10 of the principal sum unpaid will be certified to the County Auditor for collection in the same manner as real estate taxes. In subsequent years, the amount certified each October will be 1/10 of the original principal amount plus interest for the ensuing calendar year at the rate of 8.4% of the unpaid balance. The unpaid balance may be paid in full at the Office of the City Clerk at any time prior to November 15th in any year. However, partial payments CANNOT be accepted in any year after the dnitial certification. Gary D. Plotz City Administrator 0 0 4W TE OF MINNESOTA County of To: APPLICA &I AND AUTHORITATIM FOR DELA PAYIENT OF TAX Oil SP AL ASSESS'IEUS FOR SENIOR CIT ENS' HOlfESTE1lD LATIS 1974, CHAPTER 206 Da to Assessor of I, the undersigned, declare under penalties of perjury: County, Minnesota That I reside at -2,2 S' HFfXrary ST t•ItJnl#,Vr 4-V 7M 1iu4. 19 That I am not less than 65 years of age and that the date of my birth is tqg V � Ige 9 That I am the owner of the property legally described as: T B L K_ That my interest in the ownership of the above property was acquired on Su L_ 19� and is as follows: 1. Sole ownership (Enter yes, if applicable) 2. Joint tenancy, held with 3. Other undivided interest (Specify) Wt on January 2, 19 •-$"- or June 1, 19 I o:raed and occupied the above property as my stead and such occupancy began on ' C Q 19 15-/x That the taxes for improvements on the special assessments duly adopted in ordinance by the of n 1,4aca as of - Ivy a7 i9 which have been ai locafed agains,, the subject property would create undue personal hardship on my behalf and I respectfully request that payment be delayed and that such taxes be so deferred for-the years 19 to 19 Signed i I, Clerk of the of in ounty, State of Minnesota, do hereby certify that t e applicatrc of above named, has been duly revieti•:ed and that in accorc ance with the minutes of official record in said chambers was duly Q APPROVED or Q DENIED as of 19_ That in accordance with approval granted, that the taxes on the affiants subject property levied for annual collection in the arount -of $ for the year(s) should be so deferred with interest at the annua rate of until such trr;a as it is 0'ed the applicant no longer qualifies or the property loses its eligibility. Dated I _ (Clerk or Authorized Deputy 0 0 APPLICATION FOR DEFERRED SPECIAL ASSESSMENT BY PERSONS 65 YEARS OF AGE OR OLDER FOR WHOM IT WOULD BE A HARDSHIP TO MAKE PAYMENTS To the Mayor and Council, City of Hutchinson[ State of Minnesota. t. Pv r_c, a [.0 7 A niS as owner- occupant of the following daribed real estate situated in the City of Hutchinson. LWAL OR TAXABLE D$SCRIPTIONS %_QT _ F', D LK . a 6 S �1 of zYurt A „vsew M l v jl I -am 65 years or older and do ow and occupy above described real estate as my homestead. A special assessment in the amount of $ ?io?. 7.$ has* been made commencing in the year // 7P Y— with interest at the. rate of ,?� 41 Z for N, T?�I1 N1 S"j 1, 10r (Kind of Special Assessment) Such special assessment amount causes a hardship for me to make payment thereof. The folloving information vill help substantiate my . claim for deferral of special assessments _ Annual income from all sources Cash assets Other assets Estimate Value of Residence Other Real or Personal Property $ /01Cba s Ald rJ 1}Q 00 0 . 3 a0U I hereby request that above assessment of $ be deferred as provided in Chapter 2069 Laws 1974] 68th Legislature, Second Regular Session, M.S. 444.22 Through 444.24. - - I hereby declare that the foregoing statements are true and I /we make app - 'licatiou for deferral of special assessments as outlined herein. V Applicant. �yo?r�iS MANS C0577IJ oa p t. � p ��i S AJ el- L J • 0 E N LSA —LEAS{ For Score or Cnntm•r.Id eu11d1r L. ... 'Z* ckorrement, .Wwie [Au___. _.._. 1` _ ...... _day or:.— L4taber_.._...... 19_aA. �y wd between .. tlu, ccnxD .IIRD...AF.fli._Cflet➢DBLDL_ .— ...- -..—.-- .-- -'--..___._.. -- —......... ...- -.._._ party of Me first part, Lesser AyaltyesaaL.COiAOLation._ _. party of the eseand part, Looses F'ITNdSBB rB, That tM said party of the.4ret part, in consideration of the rowq Sued sow. pants hereinafter mentioned, do hsraby Remiss, Lsar1 and Let unto the said party of the sesond Part. and the said party of the second part do hereby hire and take from the said party o/ the first part, the followinf described premised situated in the County o)..._ - -. McLeod ....... — .__ .................... ___ and State of... _ .... MtaneHajtd...___.... —rris: One North office space within the Hutchinson Area Chamber of Commerce leased office space at 45 Washington Aveaue East, Suite 102, a space approximately 131 x 9Y. TO HAVE AND TO HOLD, The Lead,maid, jue te Wq en, tekhmt cop li•liliry ea sblieelioo es tW pn et hrd Lmtm ai sehias mF ehmlime, imFbeemhvu m rphin W •%' kud m w about Laid pnmiwL, br W um d 1 ewer (not 5eOtember 1 HAA._ Im tk blbwioa "Maths, la.it: Office space for the Executive Director and support services. wd phyteg dbeesho tee tmt w Fifteen Hundred —_ pollen lt1, 500_00 AM IM YW lentee dee6 • ..et Y .1 the YY roe Is KW .eeWL w.. as myesea, Wraith 1fe . r — Gl'25i01) •'shah"nW let YL et etYL eDeb eDLY(LLY ermee er. W h' gee h eau cast, Suite ln2 .m fe.t Yb lean. wneea.m aWewefev rla premed, Sonde feoeraeeaWE Yrm.m.wl.m am.•r DD we.Y YemWLb waela leer pewbWr doe Dubtn YYe em of Ye YorYeld Yrm arYYr pnrbue YemineYDn Ihereal Im Lq ma ••.YYLmeOmerdLead, Lm eYY OInWe. nYmeDb vY em eeonq aeml Lm W.IYWe mebeeY YO•DW. Y Ye 4.e con Y• M YL N m[ InY h YW lemoe Weed IDLWrLLneB btlee lour erl[Ynm[b Ylnp dLlL MIYeWYDInamY WelYM Of their YfWbebrwYLlW •m mmuteeY.ow.r.lr>,e . or .Iph... hPdddmmnuuMah6ta- fh.,4 /1 year tatted hose..vusuwl.phereaeeumerr•e Th.[.ad la.ee vw keep Yw prembeet eoomuepr to a eYt Wharf and «emeuete oteeUdo .IsWmles Ye. ebe.. AM will heap be ed,tenh;, frooa em...'.ud yrcmnea._. ..... .he eau hte0 bls uou Dd. Y;fw. Il such W.., bap De Ordered to ,emue b, m hou'" ho,b.e,,. .Seal%"w.�5:. :u:,,= yeL�iFa�,iYx.Xiev]b ifYl4E6Yh5XY S xYti'1"" :c* mh.a . f....e .w m Wo..oy YOUOIe Oe mrOeeLe. of ee lh.OneaYey ha .1 Ymeder Y he hold Oh YW M, ..U. Tberblsre• Wml ....... oil eemy.Wo Wteoocr Wrt.L .m .W ml headed or mso., OOr OY.rlmmorY YILOYO.. w albs f Yn Yercol emt.tboeohret.l,Kwleasur .nWY Lm.weed Y Y• bete of m. Yo.e. s.b Leese. XKXy2tYXX%1t%�edtY%Y %KiG %X"" lee rom.o[oe n;d ,dear tube oven of Y;. l.. ,.r.me..p.o,nm:pru•u.ur...omuoo er oo.eo.m o}aeu u.w mYS bn of tD. aelw.ue r. he It, ..'d L.. c.pwr oritrmea. dew be padre or mthotea. feet, Yd to WWer of shot then are Meld lasuee does heref, authorize ba muy empo tterr,df<ro, ,,their. am•rwthu l.YeKweoe am sure mter..a nee mr.Y,oe of..,epremue,ImmmduWy .m.11. -11.. Ka, euYtt.... hrc O.-,lceeof InYOhoe bre2tYr.em,em�ee eu hu— em bmr uWhery tbemfrt0.•mw woe mro..ndeve,r..,n eeeaune.m we.ou,ywon mmo. alretidlror mgd.emW,WW.br.00r•r . a ont.IWl •hd ez WOU.e poY.WOd ae al .u.l r.w.ea p.. ...uem.rmpo.eeunnofeWe sure o,otwrdpemOf,or,ehwco Ym Leaor theireveet Ott.. .1 en, ume.1111.ueh delaWt or noderlt t of o.tGUou or th, -nano. pane, Km YYe poelee[lOD Of dud pnmue. er tho .fucb 1trv04vr,nv eoruee K lor1w1h..1 be reou r M Veld she be ht,eYO. Y Y eehl he eW lwwe for the f. bob hf,Wl lore Lease cost may be renegotiated yearly. Lessee is subject to rental increases that may be incurred by the Lessor due to their lease with the building owner and other expenses that may incur. Audit i. Mutually Agreed, Th.t w toe w.en.... Yrm..m aaeWUOr of aha le.r bw enerfd. appb b.m Demb Oloe W Oa....... . .Jm,ouuaon.m ealeN.1 Rul ro.cemh. wruY here. r 1u Y Ye rboeou,e D.eur.w them.W,Y COUm. In Testimony Wherrtoj, Both parties have hereunto set their hand, the day and year first above written. In Presence of I'll 34 /' 14 GI Ir1 0 /r37 ( ) 587 -5151 ITY OF HUTCHINSON WASHlNG7ON AVENUE WEST HUTCHINSON, MINN , 55350 M E M O R A N D U M DATE: October 10, 1984 TO: Mayor and City Council ------------------------------ FROM: Gary D. Plotz, City Administrator ------------------------------ SUBJECT: Installation of Transformer_ Pad On City Parking Lot ------ -- - - -- — — -- — — — — — — — — — — — (Hazel Baseman Property] Council approval is requested for installation of pad- mounted equipment and a transformer pad on the northeast corner (5' X 18') of the Hazel Base- man parking lot. Installation will be in 1985. /ms q - (: -)-, 9 0 TH IS AGILE EM ENT, Made l hla _ l8_th -_day nf.__ October_ _- 19. 84_, by and between__ 6fly €Stmen t_s_ ._ party of the first pert, Lessor___, and Ci_ E Hutchinson P arty of the second part, Lessee_ WITNESSETH, That the said party of the first part, in consideration of the rents and cove- nants hereinafter mentioned, does. hereby Lease to the said party of the second part, and the said party of the second part does_ hereby hire and take from the said party of the first part, the following des- cribed premises situated in the County of McLeod and State of Minnesota viz: 2,387 square feet being the North 31 feet of the West 77 feet of the commercial building located at 305 Main Street South, on the premises legally described as follows: Lot 10 and the North half of Lot 9, Block 33, the South half of Hutchinson, according to the map and plat thereof on file and of record in the office of the County Recorder in and for McLeod County. TO HAVE AND TO HOLD, The said premises just u they m, without any liability or obligation on the part of mid f mot_ of making any iteration, improvements or repairs of any kind on mahout said premium, for the tenn of six months from November 1 , Ill A 4 for the following purposes, to- wit: temporary library space 'paylagJbeaofor the ren[of�nn thousand two hundred and no /100 - -- pollen (t 1.200.00 I YTtIU J0' And - thesaid Lesme _ do£S— covenant to pay the mid rent in equal monthly payments in advance, mr IDwit:'I'he sum of One thousand two hundred and no /100------------ - - - - -- Dollar, on or before the first day of every month during mid term at 30S Main At­rPef South and that said Losses— will keep and maintain the said premises timing the aforesaid term, and quit and deliver up the mid premises to the said Leamr peaceably and quietly at the end of the mforwald term or at my previous termination thereof for my cause, in as good order and condition and state of repair, reamemble use and wearing thereof and inevitable accidents excepted, u the same now am or may be put into by mid Lever. Mammavv ACIkgtYRltltYXIXgfPPN] fggefYY] N1K4f011DM0eXa7MXif�KCPYMKiLKKd�NKtOK I&MMleAKNIXXXXYYXXX XMta00kmXIX9kRdta90t Yse] laPtgKXllfafahNXgM[ atX0�PxKf6XYJC% a6Y0�PtimxatYmKiYmKm41 [gtklaXfiYXXX XX XXXXXX �CalaHbXNsMYaFXKXetisK %% , _ 9'5 That said Lessee —will keep mid premises continually in a neat, clean and respectable condition, Wd will keep the side- walk. I. front and along said premises cleare odf,d �pE grid i¢�ow, ar other ob.tructiom or objectionable thing. All aahas, garbage and mrum of my kind u to be removed at $eYe$$! pentefhat said Lessee —will not allow my liquor, or beverage. of an intoxicating nature or tendency to be sold on mid premises, or permit my gambling or other immoral practice therein. The said teaamm will not make or allow my waste thereon or eery f an ess d will not sexism or underlet mid premises or any part thereof without the written convent of maid Lor_. Said also agrees to replace all glass broken on mid premises during said term, and pay for all city water, YIIhXXd@gtCYXXIXXdet%rLXBdt used thereon during the term of this lease, and not to use said premix. nor any pert thereof for any purpose called extra hazardous by insurance companies. i4 And if maid monthly payments, whether the same be demanded or not, are not paid when they become due: or if said leased premises shall be appropriated to or used for any other purpose or use than is hereinbefore specified: or if my liquor, gambling or my other immoral practices are allowed on acid premises, or any damage or waste shall be made thereon: or if any part of mid premises shall be underlet or this lease be assigned without the written consent of said Lessor —as above specified; or if my Semi, condition or covenant of this lease on the part of the said Lessee to be by said Lessee —kept or performed, shall be violated or neglected, then the said Lessee— doe^ _ hereby authorize and fully empower said L or— or agent to cancel and annul this lease at once and to reenter and take possession of said premises immedi. ately and by forte if necessary, without my previous notice of intention to reenter, and remove all persons and their prop- erty therefrom, and to use such force and assistance in effecting and perfecting such removal a said Lessor —may deem advisable to recover at once full and exclusive poeumuion of all said leased premises, whether in possession of said Lexee- or of third persona, or vacant; or mid Lessor —or agent —may at i t s option at my time after such default or violation of condition or covenant, re-enter and take possession of said premises, without much re- entering working a forfeiture of the rents to be paid and the covdhants to be kept by said Lessee —for the full tern of this lease. • Lessor will pay for a reasonable amount of refuse removal. *• Lessor shall also provide electrical metering for rental area; Lessee shall pay for all electrical and gas bills. See attachment for additional terms. If the leased premises, building, or any part thereof, shall be partially damaged by rte, stones, earthquake or other casual- ty not due to lessee's negligence or willful set or that of has employee, family, agent, or vuiten, the premises shall be promptly repaired by lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been unterm table; but, if the leased premiums should be damaged other than by lemmas i negli- gence or willful act or that of has employee, family, agent, or visitor, to the extent that lessor shall decide not to rebuild or repair, the term of this lease shell end and the rent shall be prorated up to the time of the damage. And it is Mutually Agreed, That all the covenants, terms and conditions of this [ewe shell extend, apply to and firmly bind the heirs, personal representatives, successor, and mists of the respective parties hereto m fully m the respective parties an, themselves bound. I (Continued on back) • 0 In Testimony Whereof, Both parties have signed this lease this 18th day of October ,19 84. B 6 Investments By q 7L a_1_ City --of Hutchinson By By &tate of Minnesota County of McLeod On this 18th day of nr thher A. D. 1984 before roe, Marilyn J. Swanson a notary puhiir within and for said County and State, personally appeared Larry Fraser to me known to be the same persona described in and who executed the foregoing instrument, and acknowledge that—the _y executed the the same a their free act and deed. Q MARILYN J. SWANSON �, sar�ar rank- saraaeora MEEKER COUNTY 4 eaaunY.b s.ss+Na . sa tsss &tate of Minnesota County of McLeod On this day of , 1984 , before me, a notary public within and for said County, personally appeared Robert H. Steams and Gary D. Plotz to me personally known, who, being each by me duly sworn they did my that they are respec- tively the Mayor PYFH&M and the City Clerk of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said cor- poration, and that said instrument was signed and sealed in behalf of said corporation by authority of its Rg City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said corporation v o w YS v B o N G 7 a W+� O o. � Vl r x -H 0 0 N O H F a m ~ W G w c ... i E S F�1 ✓i m V I 0 0 al 0 0 ATTACHMENT Additional Terms: 1. This lease shall terminate on April 30, 1985, unless renewed on a monthly basis by mutual agreement of the parties. 2. Lessee shall provide liability insurance regarding their use of the property and hazard insurance regarding all personal property. 3. Lessee agrees to cooperate with Lessor if a permanent renter is found for the building space east of the space being rented (this additional unrented space may be used by the Lessee until such time as a permanent tenant is found). 4. Lessor shall allow Lessee to use the located in non - rented portions of th that this arrangement is approved by 5. Lesse4 agrees to make no substantial 6. Lessor agrees to cement the existing existing carpet and floor tile. 7. Lessor agrees to provide an entry to of the rented property. • existing restroom facilities a building with the understanding the fire and building inspectors. leasehold improvements. floor opening and clean the the Main Street (west) side SUBDIVISION AGREEMENT ORCHARD PARR FIRST ADDITION • CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Richard S Beatrice Schmidtbauer, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City "; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of a certain subdivision known as Orchard Park First Addition, which is located in the City of Hutchinson, and; WHEREAS, City Ordinance No. 464 and 466 requires subdividers to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. It is understood and agreed that the sanitary sewer main, watermain, storm sewer main, curb and gutter and gravel base has been installed on Bradford Street approximately 100 feet south of the North line of Blocks 1 and 2 and that sanitary sewer service leads and water service leads have been installed to Lot 1, Block 1 and Lot 10 Block 2 of • Orchard Park First Addition. 2. It is understood and agreed that the Subdivider will grade all lots to elevations shown on the "Preliminary Plat" before a Building Permit is issued to any lot in the plat and subcut the roadway one (1) foot below finished grades or to a depth to remove all topsoil (black dirt) as shown on the "Preliminary Plat" before extension of utilities, base or curb and gutter is constructed. 3. It is understood and agreed that as of August 10, 1984, the balance of the assessment for inplace improvements assessed to Lot 9, Block 1, Schmidtbauer's Addition, amounts to $15,539.81, not including interest. It is, also, understood and agreed, that $7,769.90 will be reassessed to Lot 1, Block 1 and $7,769.91 will be reassessed to Lot 1, Block 2, all in Orchard Park First Addition. 4. The Subdivider hereby eetitions the City to construct, during the 1985 construction season, the watermain as shown on the plan submitted and to assess only the cost of an 8" watermain on a front foot basis. The assessable frontage for each lot is as follows: Lot Lot Lot Lot Lot . Fut 1, 2, 1, 2, 3, are Block Block Block Block Block Plat — 1---------------- - - - - -- 55.46 Feet 1 ---------------------- 282.83 Feet 2--------- --- -- --- --- -- 2.72 Feet 2 ---------------------- 137.33 Feet 2 ---------------------- 133.22 Feet ---- ------------- - - -- -- 83.30 Feet 0 SUBDIVISION AGREEMENT ORCHARD PARR FIRST ADDITION CITY OF HUTCHINSON, MINNESOTA PAGE 2 0 5. The Subdivider hereby petitions the City to construct water service leads at the time the watermain is constructed, as follows: Lot 1, Block 1---------------- - - - - -- None (Inplace) Lot 2, Block 1---------------- - - - - -- 2 Inch Lot 1, Block 2---------------- - -- --- None (Inplace) Lot 2, Block 2---------------- - - - - -- 1 1/2 Inch Lot 3, Block 2---------------- - - - - -- 1 1/2 Inch and to assess the cost of each to the lot. 6. The Subdivider hereby petitions the City to construct, during the 1985 construction season, the sanitary sewer main as shown on the plan submitted and to assess the cost on a front foot basis. The assessable frontage to each lot is as follows: Lot 1, Block Lot 2, Block Lot 1, Block Lot 2, Block Lot 3, Block Future Plat- ---------------------- 52.74 Feet 1---------------- - - - - -- 282.83 Feet 2-- ---------- ---------- -0- 2 ---------------------- 137.33 Feet 2 ---------------------- 133.22 Feet ------- ---------- - - -- -- 83.30 Feet 7. The Subdivider hereby petitions the City to construct sanitary sewer service leads at the time the main is constructed as follows: Lot 1, Block 1---------------- - - - - -- None (Inplace) Lot 2, Block 1---------------- - - - - -- 6 Inch Lot 1, Block 2---------------- - - - - -- None (Inplace) Lot 2, Block 2---------------- - - - - -- 4 Inch Lot 3, Block 2---------------- - - - - -- 4 Inch and to assess the cost of each to the lot. 8. The Subdivider hereby petitions the City to construct, during the 1985 construction season, the storm sewer main as shown on the plan submitted, as well as, catch basins at the proposed low points on the street and to assess the cost on a front foot basis. The assessable frontage for each lot i5 as follows: Lot 1, Block 1---------------- - - - - -- 30.64 Feet Lot 2, Block 1 ---------------------- 282.83 Feet Lot 1, Block 2---------------- - - - - -- -0- Lot 2, Block 2 ---------------------- 115.05 Feet Lot 3, Block 2 ---------------------- 133.22 Feet Future Plat------------------- - - - - -- 83.30 Feet rl L 9. The Subdivider hereby petitions the City to improve Bradford Street, • during the 1985 construction season, by shaping the sub -grade and • • SUBDIVISION AGREEMENT ORCHARD PARK FIRST ADDITION CITY OF HUTCHINSON, MINNESOTA . PAGE 3 placing six (6) inches of gravel base during the 1985 construction season and to assess the cost on a per front foot basis. The assessable frontage for each lot is as follows: Lot 1, Block 1---------------- ------ 68.46 Feet Lot 2, Block 1 ---------------------- 282.83 Feet Lot 1, Block 2---------------- - - - - -- 15.72 Feet Lot 2, Block 2 ---------------------- 137.33 Feet Lot 3, Block 2 ---------------------- 133.22 Feet Future Plat------------------- - - - - -- 83.30 Feet 10. The Subdivider hereby petitions the City to construct curb and gutter and additional gravel base on Bradford Street, during the 1986 construction season, and to assess the cost on a front foot basis. The assessable frontage for each lot is the same as shown in Paragraph 9. The proposed finished grades are shown on the plat submitted. 11. The Subdivider hereby petitions the City to construct street surfacing on Bradford Street, during the 1987 construction season or as soon as feasible thereafter. The cost to be assessed on a front foot basis and the assessable frontage for each lot is as follows: Lot . Lot Lot Lot Lot Futi 1, 2, it 2, 3, ire Block 1 ---------------------- 176.86 Feet Block 1 ---------------------- 282.83 Feet Block 2 ---------------------- 120.80 Feet Block 2 ---------------------- 137.33 Feet Block 2 ---------------------- 133.22 Feet Plat-- ----- ------------ - - - - -- 83.30 Feet 12. The Subdivider hereby waives all rights to a public hearing and appeal for the cost of all the improvements petitioned for in Paragraphs 40 5, 6, 7, 8, 9, 10 and 11. The waiving of all such rights shall be binding upon and extend to the heirs, representatives, assigns and successors of the Subdivider. 13. It is understood and agreed, that the Parks and Playground Contribution has been fulfilled by the platting of the "Park" in Schmidtbauer's Second Addition. 14. 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. 15. 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 • 0 SUBDIVISION AGREEMENT ORCHARD PARR FIRST ADDITION CITY OF HUTCHINSON, MINNESOTA PAGE 4 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. 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. 16. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. IN WITNESS THEREOF, the Subdivider has hereunto set his hand and seal this day of , 1984. q(� D SUBDIVIDER Richard Schmidtbauer Beatrice Schmidtbauer Approved by the City Council on the day of Its Mayor CITY OF HUTCHINSON Its City 1984. • Patricia B. Spence Mayor Raymond H. Schulte Cwti ll President Thomas J. Manninen City Adminlnntor Robert J. Phillips City Attomay �I OC� is�'► CO Q1M' Y tD r ZAJt dtly&little falls At the October 5, 1984 MCOOC meeting in St. Cloud, there was concern over whether the Coalition of Outstate Cities has any authority to lobby or should lobby on a Local Government Aid formula, as an affiliate of the LMC. Enclosed for your review is correspondence from Tim Flaherty of Holmes & Graven with four additional enclosures from Mr. Flaherty. Excerpts from the MCOOC By -Laws establish clear intent: . STATEMENT OF PURPOSE. "The purpose of the Minnesota Coalition of Outstate Cities is to provide a vehicle for voluntary joint action to meet the problems of mutual concern to the member cities... MCOOC will lobby on specific issues of importance to the membership." . APPEARANCE BEFORE LEGISLATIVE BODIES. The President, or representative or representatives, may address legislative bodies on matters of concern to the organization expressing the majority view. The president may select a committee of sufficient size to adequately present an issue to the legislative body so designated. . AFFILIATION WITH LEAGUE OF MINNESOTA CITIES. The Minnesota Coalition of Outstate Cities shall be affiliated with the League of Minnesota Cities and shall participate in their programs as far as practical. The MCOOC will "supplement and compliment the League of Minnesota Cities lobbying when appropriate ". The MCOOC By -Laws seem peripissive on retaining lobbying expertise, individually or through joint agreements to lobby for Local Government Aids, annexation or any other issues without violating MCOOC incorporation or By- Laws or affiliation with the League of Minnesota Cities. Therefore, a proposed enabling resolution for action at an October meeting is enclosed to each MCOOC member city and will be reported on at the MCOOC's next regular meeting at the oliday Inn - Capitol, St. Paul, at 10:00 a.m. October 26, 12fii� At this October 26, 1984 meeting, Lhe Coa form ecide w her to: jointly lobby for Local Government Aid revisions as up, individually lobby or enter into other joint powers agreements, oo rely on the League • of Minnesota Cities to do all lobbying and negotiating Local Government Aids. Timing is important to organize and act quickly because of the need to develop a program and begin lobbying right away! PLEASE R.S.V.P. TO MY OFFICE ON YOUR ATTENDANCE AT THE 10/26 MCOOC MEETING. AN EQUAL OPPORTUNITY EMPLOYER City Offices Laoodd ooffl1lndbergh DATE: October 9, 1984 IOO Northeast Seventh Avenue Little Folls, Minnesota 56345 612/632 -2341 TO: Minnesota Coalition of Outstate Cities FROM: Thomas J. Manninen, Secretary, MCOOC 17W SUBJECT: Minnesota Coalition of Outstate Cities Joint Lobbying Efforts At the October 5, 1984 MCOOC meeting in St. Cloud, there was concern over whether the Coalition of Outstate Cities has any authority to lobby or should lobby on a Local Government Aid formula, as an affiliate of the LMC. Enclosed for your review is correspondence from Tim Flaherty of Holmes & Graven with four additional enclosures from Mr. Flaherty. Excerpts from the MCOOC By -Laws establish clear intent: . STATEMENT OF PURPOSE. "The purpose of the Minnesota Coalition of Outstate Cities is to provide a vehicle for voluntary joint action to meet the problems of mutual concern to the member cities... MCOOC will lobby on specific issues of importance to the membership." . APPEARANCE BEFORE LEGISLATIVE BODIES. The President, or representative or representatives, may address legislative bodies on matters of concern to the organization expressing the majority view. The president may select a committee of sufficient size to adequately present an issue to the legislative body so designated. . AFFILIATION WITH LEAGUE OF MINNESOTA CITIES. The Minnesota Coalition of Outstate Cities shall be affiliated with the League of Minnesota Cities and shall participate in their programs as far as practical. The MCOOC will "supplement and compliment the League of Minnesota Cities lobbying when appropriate ". The MCOOC By -Laws seem peripissive on retaining lobbying expertise, individually or through joint agreements to lobby for Local Government Aids, annexation or any other issues without violating MCOOC incorporation or By- Laws or affiliation with the League of Minnesota Cities. Therefore, a proposed enabling resolution for action at an October meeting is enclosed to each MCOOC member city and will be reported on at the MCOOC's next regular meeting at the oliday Inn - Capitol, St. Paul, at 10:00 a.m. October 26, 12fii� At this October 26, 1984 meeting, Lhe Coa form ecide w her to: jointly lobby for Local Government Aid revisions as up, individually lobby or enter into other joint powers agreements, oo rely on the League • of Minnesota Cities to do all lobbying and negotiating Local Government Aids. Timing is important to organize and act quickly because of the need to develop a program and begin lobbying right away! PLEASE R.S.V.P. TO MY OFFICE ON YOUR ATTENDANCE AT THE 10/26 MCOOC MEETING. AN EQUAL OPPORTUNITY EMPLOYER at Law HOLMES GRAVEN R. WEAVER DAVIDSON LINDALL LEFEVRE.JR. , WERTHEIM October 12, 1984 HOLMES k GRAVEN CHARTERED 170 Pillsbury Center Minneapolis. MN 55412 (612)3394177 2200 Nontwesiern Financial Center. Bloomington. MN 55431 (612) 893 -9100 The Honorable Edward C. Gamradt President Minnesota Coalition of Outstate Cities City Hall Little Falls, MN Dear Mr. Gamradt: JEFFREY R. BRAUCNLE RICHARD LELAND BROOKS STEFANIE N. GALEY DANIEL R. NELSON BARBARA L. PORTWOOD ROBERT J, DEIKE MARK A. LINDGREN LAURA R. KAISLER CHRISTINE M. CHALE MARY G. DOBBINS Of Counsel: KATHERINE M. HOLMES Thank you for inviting Holmes & Graven to participate in the October 5 meeting of the Minnesota Coalition of Outstate Cities. . We enjoyed visiting with you and other representatives of Coalition cities. Many of the Coalition cities have expressed an interest in retaining Holmes & Graven to provide legislative representation on issues related to property taxation and local government aid (LGA). We believe cities in the Coalition need to develop and begin lobbying a common position on these issues in November. Holmes & Graven is prepared to assist the Coalition in its lobbying effort by providing professional lobbying services, including computer, research and analysis services. The cost of these services is estimated to be between $100,000 and $125,000. Attachment 1 is a form resolution which authorizes cities to contribute to the Coalition for lobbying activity an amount not to exceed $.25 per capita,eor .108 of each city's LGA plus levy, whichever is greater. However, no individual city shall be required to contribute more than $10,000. Attachment 2 is a form resolution for those cities that want to lobby and retain pro- fessional lobbying services jointly with other cities even though the Coalition decides it does not want to retain professional lobbying services. Attachment 2 authorizes cities to enter into a joint powers agreement which establishes a "Joint Board of Outstate Cities" to lobby in the 1985 legislative session. The Board is authorized to collect contributions from member cities . in an amount not to exceed $.50 per capita or .208 of each city's LGA plus levy, whichever is greater. However, no city shall be required to contribute more than $20,000. 0 The Honorable Edward C. Gamradt . October 12, 1984 Page 2 Attachment 3 provides each city with an estimate of its maximum contribution authorized by the Attachment 1 resolution. The maximum cost to each city under the Attachment 2 resolution is the maximum amount shown on Attachment 3 doubled. Attachment 4 contains our views on questions raised at the October 5 meeting. We look forward to working with the Coalition cities on these property tax and LGA issues. Please share this letter with other Coalition cities and let them know that they can call me for more information prior to their City Council meetings if they think that would be helpful. Very truly yours, ' FTT h . aerty TPF:jes i Enclosures cc: Don Slater Executive Director League of Minnesota Cities r 0 0 ATTACHMENT 1 RESOLUTION AUTHORIZING PAYMENT TO MINNESOTA COALITION OF OUTSTATE CITIES TO BE USED FOR LEGISLATIVE REPRESENTATION SERVICES WHEREAS, major changes to the property tax and state aid systems will be considered in the 1985 State legislative session; and WHEREAS, changes to the property tax and State aid system could have a major impact on the financial health of the city and affect the ability of the city to provide essential services to its residents; and WHEREAS, changes to the property tax and State aid system could substantially increase the property tax burden on taxpayers within the city; and WHEREAS, the City of can more effec- tively promote and protect its interest and the interest of its property taxpayers at the State legislature by joining with other cities to develop and lobby a joint legislative program; and WHEREAS, the City of is a member of the Minnesota Coalition of Outstate Cities ( "Coalition "); and WHEREAS, the Coalition at its meeting on October 5, 1984, asked member cities to indicate whether or not they were willing to contribute to the Coalition so that the Coalition could retain professional legislative representation services, including com- puter, research and analysis services; and WHEREAS, pursuant to the Coalition's Articles of Incorpora- tion, a majority vote of its members is required to approve an assessment above membership dues; and WHEREAS, effective legislative representation on property tax and State aid issues requires professional services, including computer, research and analysis services; and WHEREAS, other cities and governmental units have retained professional services to assist with legislative representation; NOW, THEREFORE, be it resolved by the City of that: 1. The City of hereby consents to the Coalition retaining professional legislative services for the 1985 legislative session and agrees to pay an assessment for 1 0 0 these services of an amount not to exceed $.25 per capita or .108 of the city's Local Government Aid plus property tax levy, whichever is greater. However, the amount of the assessment shall not exceed $10,000.00. 2. Subject to the limitations contained in paragraph 1, the President of the Coalition shall notify each city in the Coalition of the amount of its assessment. The assessment shall be payable within one month after notice of the assessment is received by the member city. 3. No assessment shall be made unless a majority of the member cities of the Coalition adopt a resolution similar to this resolution on or before November 9, 1984. P, K 0 i 0 • ATTACHMENT 2 RESOLUTION AUTHORIZING PAYMENT TO MINNESOTA COALITION OF OUTSTATE CITIES TO BE USED FOR LEGISLATIVE REPRESENTATION SERVICES AND AUTHORIZATION TO ENTER INTO A JOINT POWERS AGREEMENT WHEREAS, major changes to the property tax and state aid -- systems will be considered in the 1985 State legislative session; and WHEREAS, changes to the property tax and State aid system could have a major impact on the financial health of the city and affect the ability of the city to provide essential services to its residents; and WHEREAS, changes to the property tax and State aid system could substantially increase the property tax burden on taxpayers within the city; and WHEREAS, the City of can more effec- tively promote and protect its interest and the interest of its property taxpayers at the State legislature by joining with other cities to develop and lobby a joint legislative program; and WHEREAS, the City of is a member of the Minnesota Coalition of Outstate Cities ( "Coalition "); and WHEREAS, the Coalition at its meeting on October 5, 1984, asked member cities to indicate whether or not they were willing to contribute to the Coalition so that the Coalition could retain professional legislative representation services, including com- puter, research and analysis services; and WHEREAS, pursuant to the Coalition's Articles of Incorpora- tion, a majority vote of its members is required to approve an assessment above membership dues; and WHEREAS, a majority of Coalition member cities may not want to approve an additional assessment for legislative representa- tion services; and WHEREAS, effective legislative representation on property tax and State aid issues requires professional services, including computer, research and analysis services; and . WHEREAS, other cities and associations of governmental units have retained professional services to assist with legislative representation; 1 • NOW, THEREFORE, be it resolved by the City of . that: 1. The City of hereby consents to the Coalition retaining professional legislative services for the 1985 legislative session and agrees to pay an assessment for these services of an amount not to exceed $.25 per capita or .108 of the city's Local Government Aid plus property tax levy, whichever is greater. However, the amount of the assessment shall not exceed $10,000.00. 2 -.- Subject -t-o the limitations contained in paragraph 1, the President of the Coalition shall notify each city in the Coalition of the amount of its assessment. The assessment shall be payable within one month after notice of the assessment is received by the member city. 3. No assessment shall be made unless a majority of the member cities of the Coalition adopt a resolution similar to this resolution on or before November 9, 1984. 4. If a majority of Coalition member cities do not approve a resolution authorizing the assessment described in para- graph 1 on or before November 9, 1984, then appropriate city officials are authorized to enter into the attached joint powers agreement. • 2 0 0 SUMMARY OF JOINT POWERS AGREEMENT • ARTICLE I: Establishes a Joint Board of Outstate Cities. ARTICLE II: States purpose of Agreement, which is to jointly develop legislative programs and protect and promote the interests of member cities at the State legislature. ARTICLE III: Defines terms used in the Agreement. ARTICLE IV: Allows any city which is a member of the Minnesota Coalition of Outstate Cities to become a party to the Agreement. Other cities may become members upon approval by the Board. ARTICLE V: Provides that the Agreement will become effective upon approval of at least six cities and upon exe- cution of a professional services agreement. ARTICLE VI: Describes the powers and duties of the Board. ARTICLE VII: Entitles each city to designate two members to the Board. ARTICLE VIII: Authorizes the Board to adopt bylaws governing its procedures. ARTICLE IX: Provides that the Board shall elect a Chairman, a Vice Chairman and a Secretary /Treasurer and des- cribes their duties. ARTICLE X: Authorizes the Board to appoint an Executive Committee and delegate authority to the Committee. ARTICLE XI: Authorizes the Board to determine a contribution to be paid by each city for Board activities in the 1985 legislative session. The amount deter- mined by the Board shall not exceed $.50 per capita or :208 of a city's Local Government Aid plus property tax levy, whichever is greater. However, no city shall be required to pay more than $20,000. ARTICLE XII: Allows cities to withdraw from Agreement. ARTICLE XIII: Provides that Agreement can be amended by a majority approval of the member cities. ARTICLE XIV: Provides that the Agreement terminates and assets returned to member cities on August 1, 1985 unless • extended by agreement of a majority of the member cities. NOTE: This summary is for information only and is not part of the Joint Powers Agreement. 0 0 JOINT POWERS AGREEMENT ARTICLE I Joint Board of Outstate Cities; Formation The participants in this Agreement are cities of the State Of Minnesota. Pursuant to statutory authority granted in Minnesota Statute 471.59, the Participants agree to establish a joint board to be known as the Joint Board of Outstate Cities. ARTICLE II Purpose of Agreement The purpose of this Agreement is to provide a structure and opportunity for outstate cities to jointly develop legislative programs on matters of mutual interest and, after evaluation of State legislation proposed by others, promote and protect the interests of member cities at the State legislature. ARTICLE III Definition of Terms Section 1. Definitions. For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. Section 2. "Board" means the organization created pursuant to this Agreement. Section 3. "Council" means the governing body of a Partici- pant. Section 4. "Members" means the persons appointed pursuant to this Agreement to serve on the Board. Section 5. "Executive Committee" means the committee consisting of Members appointed by the Board. Section 6. "Participants" means a City which has entered into this Agreement. ARTICLE IV Additional Participants • Any city which is a member of the Minnesota Coalition of Outstate Cities may become a Participant and any other City may become a Participant upon approval by the then Board. 1 0 0 ARTICLE V Effective Date A city shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the City Administrator of the City of Little Falls, but after the Board Chairman is elected, such documents shall be filed with said Chairman. This Agreement shall become effective upon approval of at least six cities and upon execution of a professional services agreement. ARTICLE VI Powers and Duties of the Board Section 1. The powers and duties of the Board shall include the powers set forth in this article. Section 2. It may establish legislative programs embodying proposed legislation and positions on proposed legislation. Section 3. It may take such action as it deems necessary and appropriate to accomplish the general purposes of this Agree- ment. Section 4. It may conduct such research and investigation and take such action as it deems necessary, including participa- tion and appearance in proceedings of any metropolitan,, State, regulatory or legislative or administrative bodies, on any proposed or existing law, bill or recommendation related to or affecting any or all Participants. Section 5. It may enter into any contracts deemed necessary by the Board to carry out its power and duties, subject to the provisions of this Agreement. Section 6. It may contract with any of the Participants or others to provide space, services.or materials on its behalf. Any contracts let or purchases made shall conform to the require- ments applicable to Minnesota statutory cities. Section 7. It shall cause an annual, independent audit of the books of the Board to be made and shall make an annual financial accounting and report in writing to the Participants. Its books and records shall be available for and open to examina- tion by the Participants at all reasonable times. 0 Section 8. It may delegate authority to the Executive Committee between Board meetings. Such delegation of authority shall be by resolution of the Board and may be conditioned in • such manner as the Board may determine. Fa 0 0 • Section 9. It may exercise any other power necessary and incidental to the implementation of its powers and duties. ARTICLE VII Board Section 1. Each Participant shall be entitled to designate two (2) Members. Each Member shall have one (1) vote. The Council of each Participant shall appoint its two (2) Members, at least one (1) of whom shall be an elected official from the Council of the Participant or the Mayor of the Participant. Section 2. Each Member shall serve until that Member's successor is appointed and assumes his or her responsibilities. Members shall serve at the pleasure of the Council appointing them. Section 3. A majority of the Members on the Board shall constitute a quorum of the Board. Section 4. A vacancy on the Board shall be filled by the Council of the Participant whose position on the Board is vacant. ARTICLE VIII Meetings Section 1. The Board shall hold an organizational meeting at the time this Agreement becomes effective. At the organiza- tional meeting, or as soon thereafter as it reasonably may be done, the Board shall adopt bylaws governing its procedures including the time, place and frequency of its meetings. Such bylaws may be amended from time to time by the Board. ARTICLE IX Officers Section 1. Number, Election, Qualifications. The officers of the Board shall consist of a Chairman, a Vice Chairman and a Secretary /Treasurer. Each'officer shall be elected by the Board and shall hold office until the next annual meeting of the Board. All officers shall be Members of the Board. Not more than one (1) Member of a Participant shall be elected an officer during the same term. Any officer who ceases to be a Member shall at the same time cease to be an officer. Section 2. Vacancies. A vacancy in any office because of. disqualification, death or resignation shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 3 9 0 Section 3. Chairman; Vice Chairman. The Chairman shall • preside at all meetings of the Board and shall perform all duties incident to the office of Chairman and such other duties as may be delegated by the Board. The Vice Chairman shall act as Chairman in the absence of the Chairman. Section 4. Secretary /Treasurer. The Secretary /Treasurer shall be a Member who s a mem r- of the Executive Committee. He /she shall be responsible for keeping a record of all of the proceedings of the Board and Executive Committee. The Secretary /Treasurer shall send written notice and material pertaining to agenda items to each Member. He /she shall have custody of the Board's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Board. The Secretary /Treasurer shall be responsible for such other matters as shall be delegated to him /her by the Board. Orders, checks and drafts of the Board shall require the signa- tures of the Secretary /Treasurer and one (1) other Member from a Participant other than that of the Secretary /Treasurer. In conducting the Board's financial affairs, the Secretary /Treasurer shall, at all times, act in accordance with generally accepted accounting principles. The Secretary /Treasurer shall post a fidelity bond or othr insurance in an amount on terms and with a company approved by the Board. The Board shall bear the cost of the bond or insurance. Said fidelity bond or other insurance shall cover all persons authorized to handle funds of the Board. • Any person may be engaged to perform such services under the Secretary /Treasurer's supervision and direction when authorized by the Board. ARTICLE X Executive Committee Section 1. Qualifications. The Executive Committee shall consist of Members appointed by the Board. The Board shall appoint a Member as Chairman of the Executive Committee. Section 2. Authority. The Executive Committee shall have the authority to manage the property, affairs and business of the Board between Board meetings, to the extent specifically delegated by the bylaws or resolution of the Board, but at all times shall be subject to the control and direction of the Board. Section 3. Meetings. The Executive Committee shall meet at least monthly at a time and placed to be determined by the Executive Committee. Special meetings may be called by the Chairman of the Executive Committee or by any other two (2) members of the Executive Committee or by the Board. 0 4 0 0 . ARTICLE XI Financial Matters Section 1. Participant funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Orders, checks and drafts must be signed by any two (2) of the officers. Other legal instruments shall be executed with authority of the Board by any two (2) officers. Section 2. The financial contributions of the Participants in support of the Board shall be based either on a participants' population or its Local Government Aid plus its property tax levy. To support Board activities for the 1985 legislative session, each of the Participants shall pay to the Board an amount determined by the Board not to exceed $.50 per capita or .208 of the Participant's Local Government Aid plus property tax levy, whichever is greater. The contribution shall be based on the most recent data available as determined by the Board. However, no Participant shall contribute more than $20,000.00 for legislative activities related to the 1985 session. Unless otherwise agreed upon by the Board, one -half of the contribution shall be paid not later than one month after a city becomes a Participant to the Agreement and the other half not later than February 15, 1985. This amount may be used by the Board to retain professional services, to prepare and disseminate informa- tion, and to exercise any of the powers and perform any of the duties authorized by this Agreement. Section 3. Any Party may inspect and copy the Board books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE XII Withdrawal Any Participant may withdraw from this Agreement by giving notice to the Chairman of the Board. No financial benefit shall inure to a Participant that withdraws from the Board nor shall there by any reimbursement for any contribution made or required of the withdrawn Participant by this Agreement. ARTICLE XIII Amendments This Agreement may be amended only by written amendment entered into by a majority of the then Participants to this Agreement in the same manner as this Agreement is entered into pursuant to Article V hereof. 5 0 0 ARTICLE XIV Termination Section 1. Duration of Agreement. This Agreement shall terminate on August 1, 1985 unless extended by written agreement of a majority of the then Participants. This Agreement may be terminated earlier by written agreement of all the Participants. Section 2. Distribution of Assets. Upon termination of the Agreement, all remaining assets of the Board, after payment of all obligations, shall be distributed among the Participants that are Participants to the Agreement at the time of termination, in proportion to their contributions and in accordance with procedures established by the Board. IN WITNESS WHEREOF, the undersigned City has caused this Agreement to be signed on its behalf this day of , 1984. CITY OF CITY OF By: By: Its Mayor Its Mayor By: By: Its Manager /Clerk Its Manager /Clerk CITY OF CITY OF By: By: Its Mayor Its Mayor By: By: Its Manager /Clerk Its Manager /Clerk CITY OF CITY OF By: By: Its Mayor Its Mayor By: By: Its Manager /Clerk Its Manager /Clerk 0 0 L. City 0 • MINNESOTA COALITION OF OUTSTATE CITIES 25¢ Per Capita .10% of LGA & Levy 1. Hastings 3,212 2,942 2. Detroit Lakes 1,799 1,469 3. Bemidji 2,821 21478 4. Sauk Rapids 1,502 1,082 5. Mankato 7,248 8,938 6. New Ulm 3,469 3,190 7. Montevideo 1,452 1,232 8. Moorhead 7,338 5,720 9. Alexandria 1,933 2,049 10. Blue Earth 1,029 972 11. Albert Lea 4,599 4,431 12. Red Wing 3,435 6,545 13. Jackson 960 1,019 14. Mora 707 575 15. Willmar 4,246 2,934 16. Cleveland 183 116 17. Le Sueur 829 790 CM-Fff ars a , 19. Hutchinson 2,370 ,464 20. Fairmont 2,870 2,664 1. Litchfield 1,470 1,041 2. Little Falls 1,705 1,578 23. Austin 5,636 5,533 24. No. Mankato 2,354 2,110 25. St. Peter 2,270 1,214 26. Worthington 2,582 2,752 27. Rochester 14,597 ($10K max.app.) 14,483 28. Stewartville 1,016 648 29. Fergus Falls 3,210 3,276 30. Pipestone 1,187 918 31. Faribault 4,081 3,907 32. Northfield 3,238 2,333 33. Luverne 1,142 _ 798 34. Elk River 1,769 900 35. Sartell 948 773 36. St. Cloud 10,729 4$10K max.app.) 11,785 37. Owatonna 4,736 4,417 38. Morris 1,382 1,199 39. Wadena 1,145 728 40. Waseca 2,114 1,759 41. Breckenridge 998 958 42. Winona 6,165 6,092. 43. Monticello 730 1,451 44. Granite Falls 846 681 . TOTALS 130,871 125,002 Attachment 3 ($10K max.app.) ($10K max.app.) NOTE: The estimted maximum amount that could be assessed against a city under the resolution in Attachment 1 is the amount shown in Column 1 or Column 2, whichever is greater. The estimated maximum amount under the Attachment 2 resolution is double that amount, but one half is payable in 1984 and the other half in February,'1985. • • Attachment 4 M E M O R A N D U M TO: Honorable Edward C. Gamradt President Minnesota Coalition of Outstate Cities FROM: Timothy P. Flaherty -fF Attorney Holmes & Graven, Chartered DATE: October 11, 1984 RE: Our Views on Questions Raised at October 5 Coalition Meeting This memorandum provides you with our views on the questions raised at the October 5 meeting and recommends a course of action for those cities that want to retain Holmes & Graven. A. Need for I atio -- n We believe the cities in the Coalition need to develop and begin lobbying a common position related to property taxa- tion and LGA in November. Coalition cities can lobby together because they have relatively similar fiscal characteristics (low taxable value, high municipal property tax burdens and high LGA) compared to other organizations and cities actively lobbying on these issues. Changes to the property tax and aid system are likely to have a similar impact on Coalition cities. Effective legislative representation is more critical for Coalition cities in the 1985 session than other sessions for the following reasons: 1. Governor's proposal to change property tax system. The Governor has announced that he will seek major legisla- tive changes in the state aid and property tax system. The proposal may be detrimental to Coalition cities but beneficial to other cities and other organizations. We expect that the Governor's proposal will be supported by the Kindergarten through grade 12 education community, townships, counties, and the Municipal Legislative Commission (a joint powers organization consisting of cities with fiscal characteristics substantially different than characteristics of the Coalition cities). These groups all have active lobbying programs and are assisted by professional lobbyists. B. 2. LGA formula proposals. The Local Government Aid Study Commission was established in the 1984 legislative session and is composed of legislators from the House and Senate. The Commission is studying new LGA formulas for presentation to the 1985 legislative session. 3. Cities. The League will not have a position on the Governor's proposal or the LGA formula proposals being debated by the LGA Study Commission until at least January 28, 1985. There is a possibility that the League will never take a position or take a very general position on the Governor's proposal or LGA proposals made by others. Without concensus on a specific position, the League will not be able to lobby and protect or promote the interest of any cities on these issues. 4. Protection of Coalition Cities by the Citv of Minneapolis. Minneapolis has many other issues to lobby in the 1985 session and it may be unreasonable to expect Minneapolis to protect the interests of Coalition cities. Potential Conflict Between Coalition and League of Minnesota ities. Some Coalition cities have expressed a concern that the legislative efforts of the Coalition may eventually be in conflict with League policy or hurt the chances for the League to develop a League policy. We believe it is unlikely that a conflict will develop between the Coalition and the League over the property tax or local government aid issues and that developing and lobbying a program on these issues will not affect the potential for the League to develop a policy on these issues. We hold this view for the following reasons: 1. The Coalition would not be in conflict with League policy in November, December and January because the League will have`no policy until January 28. These three months are a critical time for Coalition cities to have input into the Governor's proposal and various legislative formula proposals. 2. It is unlikely that the League will reach concensus on a specific position related to the Governor's proposal or local government aid formulas. However, if the League is able to reach concensus on a specific position, the Coalition can decide at that time whether to support or oppose the League's position. In the unlikely event the Coalition wants to lobby a position 2 1] 9 • • . in conflict with the position adopted by the League, it may do so and still remain an affiliate of the League provided certain conditions contained in the League Constitution are met. 3. Other organizations and cities that have developed positions and that are assisted by professional lobby- ists (League of Small Cities, Municipal Legislative Commission, Minneapolis and St. Paul) will lobby on the Governor's proposal and legislative formula proposals at the same time that they participate in the League process to develop a concensus policy. The Coalition could develop and lobby a position related to the Governor's proposal and legislative formula proposals while it participates on the League Revenue Sources Committee and the Technical Committee. C. Proposal to Provide Professional Legislative Representation Services to Coalition Cities. We believe that a coordinated legislative program which relies on computer analysis, professional lobbying services and direct lobbying by local officials will result in effec- tive representation that will protect and promote the interests of Coalition cities. Holmes & Graven has pro- fessional lobbyists, experienced in local government aid and property tax issues, available to assist the Coalition in developing and presenting its position. Holmes & Graven is prepared to offer the following legislative services beginning in November, 1984: 1. Coordinate the Coalition's lobbying on property tax and LGA issues, including drafting and lobbying bills and amendments that have been approved by the Coalition. 2. Provide computer analysis to determine the impact of proposals on Coalition cities. 3. Assist the Coalition in developing policy positions related to proposed changes in the property tax system, including the Governor's proposal and LGA formula pro- posals. 4. Assist the Coalition in presenting its position to interested parties and negotiating common positions with those other parties (State Department of Finance, Governor, League of Minnesota Cities, League of Small Cities, Municipal Legislative Commission, Range Associa- tion, Minneapolis, St. Paul, Duluth, etc.). 5. Assist Coalition cities by providing policy analysis and technical services to Coalition cities that serve on the League Revenue Sources Committee and Technical Committee. 3 • t We estimate the cost of representation, including research and computer services, to be between $100,000 and $125,000. These costs would have to be contributed by participating cities in November or December, 1984. D. Formal Action By Coalition Cities. The Articles of Incorporation or Bylaws of the Coalition (see attached document) authorize the Coalition to establish and lobby positions approved by a majority of the Coalition membership. A majority vote of the member cities is required to approve an assessment above membership dues. A quick phone check at the Secretary of State's office indi- cated that the Coalition's Articles may have not been filed as required by law. The Coalition should take steps to confirm that it is properly incorporated before collecting assessments for legislative services. Cities that want to participate in a joint lobbying effort with other cities and retain professional lobbying services with the financial support of those other cities should adopt the resolution contained in Attachment 1 or 2 as soon as possible. • • As amended 6/18/82 . MINNESOTA COALITION OF OUTSTATE CITIES Incorporated Under Laws of Minnesota MCOOC STATEMENT OF PURPOSE The purpose of the Minnesota Coalition of Outstate Cities, hereafter called the MCOOC, is to provide a vehicle for voluntary joint action to meet the problems of mutual concern to the member cities. It is an effort to do those things together which cannot be successfully accomp- lished independently by reason of lack of information, professional counsel, resource potential, common understanding, and political impact. The MCOOC will lobby on specific issues of importance to the membership. PARTICIPATING CITIES Any Minnesota city excluding cities of the first class and those located within the seven county metropolitan area, which is a member of the League of Minnesota Cities, may become a member. &FFICERS The officers of the organization shall include a President, a Vice - President and a Secretary- Treasurer. The officers shall be elected for one year at the annual meeting in January but shall serve until successors are chosen. The officers so elected shall not serve successive terms. The President shall preside at the meetings of the organization and shall represent MCOOC in appearances before other bodies. The Vice - President shall,in the absence or disability of the Presi- dent, perform the duties and e:-ercise the powers of the President. The Secretary- Treasurer shall maintain the minutes of the meetings of the organization and shall be responsible for all the correspondence of the organization, including the preparation and the circulation of the official agenda in advance of each regular meeting. He shall have custody of the organization's fund and securities and shall keep full and accurate account of receipts and disbursements in books belonging to the organiza- tion. He shall deposit all mor:ey and other valuable effects in the name and to the credit of the organization in such depositories as may be designated by the organization. He shall disburse the funds of the organization, taking vouchers for such disbursements, and render to the President and the organization members an account of all transactions and . give a statement of the financial status of the organization at regular meetings or whenever they may require it. The organization, by resolution, • 0 may establish rules and regulations for disbursement of funds by the Secretary- Treasurer as obligations of the organization arise. COMMITTEES The President may establish an executive empowered to perform executive functions that scheduled meetings. This executive committee members and the President, Vice - President and majority of the members of the executive Comm quorum for the conduct of business. 0 committee which shall be may arise between regularly shall be composed of two Secretary- Treasurer. A ittee shall constitute a The organization, by motion, or the President alone may establish such standing committees as are deemed necessary for the proper conduct of the affairs of the organization. Standing committees may be established at any meeting. The members of these standing committees shall be appointed by the President. The members of the committee may elect their own chairman, unless he be designated by the President of the organization. They may meet from time to time upon their own motion and shall report action taken by the committee. The organization may, on motion, approve the appointment of non - members to serve on subcommittees and standing committees. Special committees may be established as the need arises. ADMINISTRATION OF THE ORGANIZATION AFFAIRS The organization may deem necessary, who shall sation and shall exercise be determined from time to MEETINGS retain such employees and agents as it shall be employed for such terms and at such compen- such powers and perform such duties as shall time by the organization. Regular meetings of the organization shall be called by the President. The hour of the meeting shall be 10:00 a.m. unless changed by mutual agreement. Special meetings may be called by the President at his discretion or shall be called by the President upon petition of four members. Special meetings shall be held only after reasonable notice is given to each member city. The annual meeting shall be called in January. An agenda describing thermatters to be considered shall be sent by mail at least seven days prior to any regular meeting. The members present may transact any business. The official vote at the meetings shall be given by a designated member. Each city shall have one vote on all official actions taken by the organization. All representatives of a city shall have freedom to participate in open discussion. Robert's Rules of parliamentary law shall govern the conduct of . organizational business unless modified for that particular meeting by the total membership in attendance. 0 • APPEARANCE BEFORE LEGISLATIVE BODIES • The President, or a representative or representatives, may address legislative bodies on matters of concern to the organization expressing the majority view. The President may select a committee of sufficient size to adequately present an issue to the legislative body so designated. AFFILIATION WITH LEAGUE OF MINNESOTA CITIES The Minnesota Coalition of Outstate Cities shall be affiliated with the League of Minnesota Cities and shall participate in their programs as far as practical. The MCOOC will supplement and compliment the League of Minnesota Cities lobbying when appropriate. FINANCES The finances of the Minnesota Coalition of Outstate Cities shall be met by yearly dues of $25 from each of the member cities. Each year in January at the annual meeting the outgoing Secretary- Treasurer shall present a Financial Report for approval. A majority vote of the members will be necessary to approve an assessment above membership dues. The books of the organization may be audited according to law and upon the request of any four members. The fiscal year shall be the .same as the calendar year. Any capital investment, if the organization shall disband, shall be sold and the returns equally divided among the members at that time. 0 • 0 0 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 16, 1984 1. CALL TO ORDER FOR YOUR INFORMATION The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Larry Romo at 7:30 P.M., with the following members present: Marlin Torgerson, Elsa Young, Roland Ebent, Thomas Lyke, Shu -Mei Hwang, and Chairman Romo. Members absent: Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe and City Attorney James Schaefer. 2. MINUTES The minutes of the regular meeting dated September 18, 1984, were approved as presented on a motion by Mr. Ebent. Seconded by Dr. Lyke, the motion carted unanimously. 3. PUBLIC HEAINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY GORDON HEDLUND Chairman Romo opened the hearing at 7:32 pm. with the reading of publication $3318 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a conditional use permit to allow the expansion of a mobile home park (Country Club Terrace - Phase Two). Director Priebe explained that this was a revised portion of an overall plan for Country Club Terrace. Staff recommended the permit be approved contingent upon 10% of the land being designated for park land, as per City Ordinance. Director Priebe explained that Mr. Hedlund had not provided 10% on the proposed layout as the playground area already designated in the mobile home park was not used. City Administrator Plotz noted that for less than 10% to be required a variance would be necessary. Mr. Torgerson made a motion to close the hearing at 7:40 pm. Seconded by Mrs. Young, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit contingent upon 10% of both phases of Country Club Terrace being designatd for park land. Seconded by Dr. Lyke, the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY KENNETH NORTON Chairman Romo opened the hearing at 7:42 p.m. with the reading of publication 53317 as published in the Hutchinson Leader on Thursday, October 4, 1984. • The request is for a conditional use permit to allow the moving of a house from 515 1st Ave. N.E. to property located at 216 Huron Street, located in an IC -1 zone and the flood fringe district. Chairman Romo noted staff recommendation to approve with contingencies and that the DNR has stated the basement or first floor must be at or above the Planning Commission Minutes • 10/16/84 regulatory flood protection elevation (10.41 feet). Fill material . must be in accordance with applicable standards contained in Hutchinson Zoning Ordinance 464 Section 8.11. Mr. Kenneth Norton questioned having to meet flood fringe requirements. He had removed a house from the lot and there had been no problems with water in the basement. Director Priebe explained that there were things that could be done to protect the structure from ground water, but that they would have to be determined by the State Building Department. In response to the staff recommendations, Mr. Norton responded that the house would be made a uniform color. He asked when water and sewer would be made available by the City. Director Priebe responded that it would be at least next summer. Mr. Norton replied that he would like to hook up to the present sewer line and wondered if it would be possible for him to privately hire someone to extend the water line to the house. Director Priebe explained that it would have to be requested of the City Council, but was possible. He questioned the advisablility of hooking up to the existing sewer line because of the poor condition of the line and noted that if Mr. Norton was allowed to hook up to the existing sewer it should only be temporary. In reference to staff recommendation that the house must meet building code requirements in 6 months, Mr. Ebent asked how this could be possible if sewer and water would not be available until summer. It was determined that this 6 month requirement could be extended upon request. It was also noted that rather than have the house demolished if code was not met, the house could also be moved. Mrs. Young made a motion to close the hearing at 8 :05 p.m. Seconded by Mr. Torgerson, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit as requested contingent upon the following: 1. The house must meet building code requirements within 6 months after the house is moved, or the house must be moved or demolished. 2. The house must meet requirements of the State Building Code for houses located in the Flood Fringe District. 3. The exterior of the house must be the same (uniform) color. 4. The house may be hooked up to the existing sewer line temporarily until such time as a new sewer line is extended and made available to the property. 5. Water and sewer will be extended to the property as per Council determination. Seconded by Mr. Hwang, the motion carried unanimously. (c) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY ROBERT MCGEE Chairman Romo opened the hearing at 8 :07 pm. with the reading of publication #3322 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a 3' variance to allow the construction of a double garage 3' from the sideyard line on the property located at 173 5th • Ave. N. E. The supporting materials for Mr. McGee's request did not clearly show the dimensions and the proposed plan. Mr. McGee was not present to answer any questions about the request. N Planning Commission outes 10/16/84 • Chairman Romo stated that there was a double garage behind the house. He questioned the need for two double garages for a single family residence. Director Priebe recommended that a survey of the lot showing the existing structures be required before a determination be made. It was the consensus of the Planning Commission that the hearing be continued until the November 20th meeting. (d) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY VICKI HOEFT Chairman Romo opened the hearing at 8:15 p.m. with the reading of publication #3323 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a conditional use permit to allow the moving of a house now located at 29 Fourth Ave. N.E. to the property located on Carlisle Street described as the South 75' of North 150' of Lot 9 Block 4, N 112 City. Director Priebe explained that the proposal meets all setback requirements and that City water and sewer are available. It was the consensus of the Planning Commission that the house fit well into the area. Mr. Torgerson made a motion to close the hearing at 8 :19 pm. Seconded by Mr. Hwang, the motion carried unanimously. Mr. Ebent made a motion to recommend to City Council approval of the conditional use permit to allow the moving of the house to the Carlisle Street location. . Seconded by Mrs. Young, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR SIGN VARIANCE AS SUBMITTED BY B & F INVESTMENTS (CENTURY 21) Chairman Romo opened the hearing at 8:20 p.m. with the reading of publication 8 3324 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a sign variance to allow a 10' by 11' sign to be placed on an existing signboard above the roofline of the building located at 305 Main Street South. Mr. and Mrs. Larry Fraser were present to explain the request. Mr. Fraser stated that the sign was already in place on the signboard that was actually a part of the roof of the old Yetzer building. He stated that they need a sign to advertise their business and felt that in essence all they were doing was changing the lettering on the signboard. Mrs. Connie Fraser stated that there was some updating to do on the building in the future, but for now she felt putting the sign somewhere else on the building might not be as attractive as using the present signboard. Mr. Fraser further explained that they have bought the building contract for deed and the owner is not in favor of having the exisitng board removed. Mr. Torgerson read from Ordinance 464 siting that any non - conforming sign must be made conforming upon change of ownership or use of the property. He felt that by granting the variance as requested, the Planning Commission would be setting a precedent. Discussion followed 3 Planning Commission tea 10/16/84 0 regarding nonconforming signs. Mr. Hwang stated that he felt the ordinance was very straight forward about what it required and that the ordinance should be followed. Mrs. Young stated her agreement. Chairman Romo indicated he felt there was some gray area about the existing signboard. After discussion, Mr. Torgerson made a motion to close the hearing at 8:45 pm. Seconded by Mrs. Young, the motion carried unanimously. Mr. Hwang made a motion to recommend to City Council the request for a sign variance be denied in accordance with the City Ordinance. Seconded by Mrs. Young,-the motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY ERICKSON OIL PRODUCTS, INC. . Chairman Romo opened the hearing at 8::45 P.M. with the reading of publiccation #3325 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a 121variance to allow the construction of an Erickson Station Store 38' from a residential zone on the property located at 11 Fourth Ave. N.E. Mr. Clare Erickson of Erickson Oil Products, Inc., was present to explain that Erickson's had been granted a 25' variance on July 22, 1980. The project was not done. Now they have submitted a new design which would give them more room so only a 12' variance is required. Mr. Richard Anderson was present to inquire about how the proposal • will affect his access to the driveway to his home which is located behind the present Erickson Station. He stated that he has an easement which allows him access and use of that driveway. After looking at the plans that Mr. Erickson had, he felt it would be impossible to use the driveway in the winter. Chairman Romo pointed out to Mr. Anderson that the easement is a legal question between Mr. Anderson and Ericksons. Granting the variance would not supercede the easement. Mr. Torgerson made a motion to close the hearing at 8 :55 pm. Mrs. Young seconded the motion and it unanimously carried. Mr. Torgerson made a motion to recommend to City Council approval of the variance as requested, with the understanding that Erickson's work out access and egress with the affected property owners. Seconded by Mr. Hwang, the motion carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY PAUL BETKER Chairman Romo opened the hearing at 8 :57 p.m. with the reading of publication #3326 as published in the Hutchinson Leader on Thursday October 4, 1984. The request is for a conditional use permit to allow the construction . of a twin home in an R -1 zone, located on the property on the corner of School Road North and Rolling Oaks Lane. Chairman Romo noted that L Planning Commission Minutes • 10/16/84 staff recommended that the permit be denied as the proposed plan did not meet setback requirements for an R -1. (Mr. Torgerson asked to relinquish his seat on the Planning Commission to become a part of the audience as he was affected by the request and formally notified. His seat was so relinquished for this hearing.) Mr. Paul Betker was present to explain that he intends to build an attractive home, one side facing Roling Oaks Lane and one side facing School Road. Mr. Marlin Torgerson was present to state that all the homes on the north side of Rolling Oaks Lane, bordering the park are single family, facing south. He stated he objected to a mulitple family dwelling and the front yard setback proposed. Mr. Jarvis Watnemo, property owner to the West of the proposal stated that his house was setback 901. He also objected to the setback proposed. Director Priebe noted that Mr. Betker had been sold a nonconforming lot. He owns an area 260' by 1001. He will need Council approval to split a lot, but at this point, that would be separate from this request. After much discussion, Mr. Ebent suggested that the 260' be divided into three lots; the first would be 100 feet deep and the other two 80' deep. He proposed that the twin home be constructed so that it is set back 62 feet from Rolling Oaks Lane. Mr. Betker argued that that . would leave him with an 80' lot that would be difficult to sell. He would prefer to make the lots so that the twin home would be set back 50' from Rolling Oaks Lane. The property owners present stated that they would be much more open to a 62' setback than the 25' in the proposal or the 50' that Mr. Betker proposed . Mr. Ebent made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously. Mr. Ebent made a motion to deny the conditional use permit as requested, but would also recommend that he (Mr. Betker) work with the neighbors and come up with a 3 lot layout of the 260' and bring it before the City Council. Seconded by Mr. Hwang, the motion carried unanimously. 4. OLD BUSINESS (a) CONSIDERATION OF FINAL PLAT OF ORCHARD PARK FIRST ADDITION Director Priebe explained that there had been no changes from the preliminary plat that had been approved. Dr. Lyke made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Mr. Hwang, the motion carried unanimously. (b) CONSIDERATION OF FINAL PLAT OF HELLAND'S SIXTH ADDITION Director Priebe explained that there had been no changes from the • preliminary plat that had been approved. Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Mr. Hwang, the motion carried unanimously. 5 Planning Commission Putes 10/16/84 i (c) CONSIDERATION OF FINAL PLAT OF LAKEWOOD TERRACE FOURTH ADDITION . Director Priebe explained that there had been no changes from the preliminary plat that had been approved. Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Dr. Lyke, the motion carried unanimously. (d) CONSIDERATION OF FINAL PLAT OF BETHKE'S ROLLING GREENS THIRD TOWNHOUSE ADDITION Director Priebe explained that there had been no changes from the preliminary plat that had been approved. Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Mrs. Young, the motion carried unanimously. 5. NEW BUSINESS (a) CONSIDERATION OF ANNEXATION AS PETITIONED BY DENNIS ALBERTSON Director Priebe explained the request. He noted that it would come into the City as R -2 and that the owner intended to rezone to commercial, on which there would be a hearing. Mr. Torgerson made a motion to recommend to City Council proceeding with the annexation as proposed. Seconded by Mrs. Young, the motion . carried unanimously. (b) CONSIDERATION OF POSSIBLE CHANGE IN ZONING ORDINANCE REGARDING MANUFACTURED HOMES Director Priebe explained that the State has determined that a City can no longer exclude "manufactured homes" if they meet A.U.D. requirements from particular zones. The alternative is to make changes in the zoning that would apply to both stick built and manufactured homes, that manufactured homes would not be able to comply with. Examples from various cities were given and discussed. Director Priebe further explained that we must also change any part of the ordinance that discriminates against manufactured homes. After discussion, Mr.'Torgerson made a motion to use a minimum width requirement of 241. Seconded by Dr. Lyke, the motion carried unanimously. Director Priebe further explained that a hearing would have to be held on any such changes. It was the consensus of the Planning Commission that appropriate changes be made and a hearing be held at the regular meeting of the Planning Commission on November 20, 1984. (c) CONSIDERATION OF ADDING REQUIREMENTS FOR ACCESSORY BUILDINGS IN R -1 AND R -2 ZONES • Director Priebe explained that in our previous ordinance there had been specific requirements for accessory buildings. He suggested that this be added to the present ordinance for R -1 and R -2 zones, changing 0 0 9 Planning Commission Minutes 10/16/84 i setback as per our present ordinance. After discussion, Mr. Ebent made a motion to have the necessary changes made and to set a public hearing on the amendment for the regular meeting of the Planning Commission on November 20, 1984. Seconded by Mr. Torgerson, the motion carried unanimously. 6. ADJOURNMENT There being no further business, Mrs. Young made a motion to adjourn the meeting. Seconded by Mr. Ebent, the motion carried unanimously and the meeting was adjourned at 10:30 pm. 0 0 7 W2) 587 -5151 v H�rcy' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 17, 1984 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit Submitted by Gordon Hedlund 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 September 10, 1984, Mr. Gordon Hedlund submitted a request for a conditional use permit to allow the expansion of Country Club Terrace mobile home park - phase two. A public hearing was held at the regular meeting of the Planning Commission on October 16, 1984, 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, October 4, 1984. 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 afore- mentioned request be granted contingent upon 10% of the land (both phases) being designated for park land as per City Ordinance. I utchictfully bmitted, Romo, Chairman nson Planning Commission u 9 -z, 0 • 9 RESOLUTION NO. 7885 . RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW THE EXPANSION OF COUNTRY CLUB TERRACE MOBILE HOME PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FTNDINGS 1. Mr. Gordon Hedlund. of New Brighton, Minnesota has made application to the City Council for a Conditional Use Permit under Section 8.04.2 of Zoning Ordinance No. 464 to allow the expansion of a mobile home park (Country Club Terrace - Phase Two) on the property with the following legal description: Legal Description: That part of Lot One (1) in Block Two (2) in HELLAND'S FIRST ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder in and for the County of McLeod and State of Minnesota, decribed as follows: Commencing at the southwest corner of said Lot 1; thence easterly, along the south line of said Lot 1, a distance of 150.02 feet to the point of beginnning of the land to be described; thence northerly, parallel with the west line of said Lot 1, a distance of 300.48 feet; thence easterly, deflecting to the right 90 degrees 00 minutes a distance of 1020.59 feet to the intersection with the northerly extension of the east line of Tract A of Registered Land Survey No. 15; thence, southerly, along said northerly extension, a distance of 27.00 feet to the northeast corner of said Tract A; thence westerly, southerly, and westerly, along the southerly line of said Lot 1, to the point of beginning. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detri- mental 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 gener- al purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 0 Resolution No. 7885 Page 2 CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above, contingent upon 10% of the land (both phases) being designated for park land as per City ordinance. Adopted by the City Council this 23rd day of October, 1984. Attest: Gary D. Plotz City Clerk Robert H. Stearns Mayor LI 0 • W2) 587 -5151 1 f1UTlN' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST . HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 17, 1984 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit Submitted by Kenneth Norton 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 September 26, 1984, Mr. Kenneth Norton submitted a request for a conditional use permit to allow the moving a house onto the property located at 216 Huron Street. A public hearing was held at the regular meeting of the Planning Commission on October 16, 1984, at which time there was no one present who objected to the request. As the property involved is located in the flood fringe district the DNR was notified of the request and responded that the basement or first floor (if no basement) of the structure must be at or above the regulatory flood protection elevation. The placement of fill material must be in accordance with applicable standards contained in Hutchinson Zoning Ordinance 464 Section 8.11. 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, October 4, 1984. 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 afore- mentioned request be granted contingent upon the following: 1. The house must meet building code requirements within 6 months after the house is moved, or the house must be moved or demolished. 2. The house must meet requirements of the State Building Code for houses located in the flood fringe district. 3. The exterior of the house must be the same color. Planning Commission Findings of Fact /Conditional Use Permit - Norton Page 2 0 4. The house may be hooked up to the existing sewer line temporarily until such time as a new sewer line is extended and made available to the property. 5. Water and sewer will be extended to the property, as per Council determination. Respectfully submitted, Chairman Planning Commisson L 0 • 4 i. 8 TR-/W line 0 i' ao0 Of, 0 a tp o. 4 s 09 4 NOTE : House on Lot I is set back 13 1/2 feet f Huron Street 40.8. 40.7s X41.9 ♦41.9 SHED O X41.8 •42.0 00, O. 0' O - a 41 9 .L �P Bench Mark: Top of pipe Elevation = 1041.19 110.47 x 40.8 42.1x 24 x42.3 v 61.10 BENCH MARK: Top of hydrant at Second Ave. and Erie St. Elev. = 1045.01 X 41.8 BENCH MARK: Top of iron pipe on north line of Lot 3, on set back line. Elev. = 1041. 19. 1 3.5 .41.1 I� �Z 41.5 39.SIX •39.7 39.71 13149 _ i 0 c e W 40.1 40 Uj of 4 J c u M r .40.4 6q .40.4 •' i 141.9 Denotes existing elevation (42.3)Denotes proposed elevation i AREA= 5662 S0. FT. for KENNETH NORTON LOT 3, BLOCK 22, SOUTH HALF OF HUTCHINSON. EXCEPT RAILROAD RIGHT OF WAY. 1y, plan or report was prepared by me or under my direct super- Scale 1" = 20 Book HTPO 2s Hansen Thorp Pellinen Olson Inc. nsad Land Surveyor under the laws of the State at Minnesota, Land Surveyom -Consulting Eng ineen -Site Planners ,, Sept. 28, 1984 cn s1 184150 o e 57 1 HIITCHINSnN MN Tot 5147 -47144 13.5 1 Top of block elev. 44,0 1 1 1 (42.31 I I {2.34 41.9x 1 142. 131 16 q ' N O x 41.9 O 4 8 (42.3) tp PROPOSED 41.3. (42.5) N HOUSE 4 13.5 a (42.3) (42.3) 42.1x 24 x42.3 v 61.10 BENCH MARK: Top of hydrant at Second Ave. and Erie St. Elev. = 1045.01 X 41.8 BENCH MARK: Top of iron pipe on north line of Lot 3, on set back line. Elev. = 1041. 19. 1 3.5 .41.1 I� �Z 41.5 39.SIX •39.7 39.71 13149 _ i 0 c e W 40.1 40 Uj of 4 J c u M r .40.4 6q .40.4 •' i 141.9 Denotes existing elevation (42.3)Denotes proposed elevation i AREA= 5662 S0. FT. for KENNETH NORTON LOT 3, BLOCK 22, SOUTH HALF OF HUTCHINSON. EXCEPT RAILROAD RIGHT OF WAY. 1y, plan or report was prepared by me or under my direct super- Scale 1" = 20 Book HTPO 2s Hansen Thorp Pellinen Olson Inc. nsad Land Surveyor under the laws of the State at Minnesota, Land Surveyom -Consulting Eng ineen -Site Planners ,, Sept. 28, 1984 cn s1 184150 o e 57 1 HIITCHINSnN MN Tot 5147 -47144 - r f' 90a %CU /• l�l p .�w �i`n �s aI 37 WAS- NGTON AVE\4JENEST _� A-le r rurc�i;�a N, 1VlINN. `5 .v0 M M E M O DATE: October 5th, 1984 - -- — — TO: Planning Commission poeity Council FROM: Director of Engineering RE: Conditional Use Permit Lot 3, Block 22 Except Railroad R/W The flood protection elevation is 1041.0 in the area of the above - referenced property. According to the survey submitted, the main floor of the house will meet the requirements of the City Ordinance. If a basement is planned for the structure, it may be necessary to flood proof same. State Building Code Division may be best source of information as to requirements. There is no water service available to this property at present. It will be necessary to extend the watermain and install a service lead. The estimated cost to the property is $973.25. The sanitary sewer main on Railroad right -of -way is in poor condition and should be replaced. It is recommended a new line on Huron Street be constructed now to provide service. The estimated cost for the main and service lead is $986.50. I would assume these costs would be assessed after construction. A petition by the owner will be necessary to follow 429 procedure. Marlow V. Priebe Director of Engineering MVP/PV cc: Homer Pittman • q -,Y,j, • RESOLUTION NO. 7886 0 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW THE MOVING OF A HOUSE TO 216 HURON STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Kenneth Norton of Hutchinson has made application to the City Council for a Conditional Use Permit under Sections 8 :11 and 8 :12 of Zoning Ordinance No. 464 to allow the moving of a house to the property located at 216 Huron Steet, in an IC -1 zone and the flood fringe district, and with the following legal description: Lot Three (3), Block twenty -two (22) in the Townsite of Hutchinson South Half, except the Railroad Right -of -way, according to the recorded map or plat thereof; 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detri- mental 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 gener- al 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, contingent upon the following recommendations of the Planning Commission: 1. The house must meet building code requirements within 6 months after the house is moved, or the house must be moved or demolished. 2. The house must meet requirements of the State Building Code for houses located in the flood fringe district. 3. the exterior of the house must be of uniform color. 4. The house may be hooked up0 to the existing sewer line, temporarily, until such time as a new sewer line is extended and made available to the property. 5. Water and sewer will be extended to the property, as per Council determination. Adopted by the City Council this 23rd day of October, 1984. Attest: Gary D. Plotz City Clerk Robert H. Stearns Mayor 587.5151 FCITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN, 55350 M E M O R A N D U M DATE: October 17, 1984 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit Submitted by Vicki Hoeft 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 October 1,1984, Ms. Vicki Hoeft submitted a request for a conditional use permit to allow the moving a house from 29 Fourth Ave. N.W. to the property described as the South 75' of the North 1501 of Lot 9 Blk 4 North 112 City. A public hearing was held at the regular meeting of the Planning Commission . on October 16, 1984, 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, October 4, 1984. 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 afore- mentioned request for a conditional use permit be granted. tted, rry Romo, Chairman utchinson Planning Commisson 9 -170- Survey for John Keefe, jr. ;:, ;•..,. / � TM horlherly IS0.00 fhf Of Lot ,, ,lock 4, N...k tr.1f Of nfffehlh,.h. E,ceer p +r:• r" the w/tery 12.00 feet of 1h, f' ,OOlherly 221.00 feel Of 1014 Lee 9. �rti 1W ? /•e t n fi 4' e ,, •e1 POOL'S S CEO I', h iY •F•,I I �♦ st q er • +ep % 4 111 •.•� ,Ie h..yi• h Or ry"fek.. Q' be u Per r+, r J 1 it .i pr. pa ey, rr•re • oop 1 • 2 , P t r :y p.SO- r,ri - 13sr�J \ ' 0f ned.... .,..I 300111 end of COIIIf Ie SllH1 /•+f., -1 X1013. so I..n ,,on t' • jQ- •e, preserve by Met Or end" e1y rhrHr "Per...... 0114 OT Ono*, We 11M of the State of Mm...... that 1 . '626 Jene 29, 1901 lion Inc. 90011 MTPO 20 ►AGE 29 FILE h0. 10442 R e' 0Y. • • RESOLUTION NO. 7887 0 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW THE MOVING OF A HOUSE TO CARLISLE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Ms. Vicki Hoeft of Hutchinson has made application to the City Council for a Conditional Use Permit under Section 8 :03 of Zoning Ordinance No. 464 to allow the moving of a house to the property located on Carlisle Street, with the following legal description: South 75' of N 150' Lot 9 Block 4 N 112 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 detri- mental 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 gener- al purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLi1STON 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 23rd day of October, 1984. Attest: Robert H. Stearns Mayor Gary D. Plotz City Clerk *) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 17, 1984 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Sign Variance as Submitted by B & F Investments (Century 21) Pursuant to Section 6.05, B3, 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 sign variance. HISTORY On October 1, 1984, B. & F. Investements submitted a request for a sign variance to allow a 101 by 11' sign to be placed on an existing signboard located above the roofline of the building located at 305 Main Street South. A public hearing was held at the regular meeting of the Planning Commission on October 16, 1984. Mr. and Mrs. Larry Fraser were present to explain . 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, October 4, 1984. 3. It was the consensus of the Planning Commission that granting this request would set a precedent. The majority of the Planning Commission felt that the Sign Ordinance was clear about the replacement or change of nonconforming signs. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned request for a sign variance be denied in accordance with the City Ordinance. Respectf,411 )submitted, ,Larry Romo, Chairman Hutchinson Planning Commisson q_b19_ L LJ 12) 587 -5757 0 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 17, 1984 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as Submitted by Erickson 011 Products, Inc. Pursuant to Section 6.05, B3, 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 variance. HISTORY On October 1, 1984, Erickson Oil Products, Inc. submitted a request for a variance to allow the construction of an Erickson's Station Store on the property located at 11 Fourth Ave. N.E. A public hearing was held at the regular meeting of the Planning Commission on October 16, 1984. Mr. Clare Erickson was present to explain that Erickson's had been granted a 25' variance on July 22 of 1980 for the purpose of constructing a new store. That project had not been done. A new design has now been submitted which requires only a 12' variance. Mr. Richard Anderson of 15 4th Ave. N.E. stated that he holds an easement to allow access to his property to the rear of the Erickson Station. It was the opinion of the Planning Commission that this was a legal matter between Erickson's and the property owners and that the granting of the variance as requested would not supersede any such easement. 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, October 4, 1984. 3. In their written application Ericksons stated the 50' setback required along with the need to provide driveways to the two residences to the north restricts utility of the site. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned request for a variance be granted with the understanding that Erickson's would work out access and egress with the affected property owners. Respectf submitted, WHutohin7sonPlanning hairman Commisson q_plp n<s' l I YYY ! i I w... y r - i j Dal 1 is a, i iv. 4A <i'ha. 6 `I J 1 i iv. ti � 11414' ,y3i ti � RESOLUTION NO. 7888 RESOLUTION GRANTING VARIANCE UNDER SECTION 6.05 OF ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF ERICKSON STATION STORE 38' FROM THE REARYARD PROPERTY LINE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Erickson Oil Products, Inc., has applied for a variance from Section 10.03 A.(e) of the Zoning Ordinance No. 464 for a variance of 12' to allow the construction of an Erickson Station Store 38' from a residential zone on the property located at 11 Fourth Ave. N.E., with the following legal description: South 146 feet of Lot 9, Block 13, and Lot 8 Block 13, Townsite of Hutchinson North Half 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be granted, with the understanding that Erickson 011 Products, Inc. works out the problem of access to and ingress and egress for the property owners to the North. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adja- cent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and. the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demon- . strable hardship or difficulty. Resolution No. 7888 Page 2 CONCLUSION 40 The application for variance for the purpose designated is granted based upon the findings set forth above. Adopted by the City Council this 23rd day of October 1984. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor 0 • • r 02) 587.5751 • al TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 17, 1984 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit Submitted by Paul Betker 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 October 1, 1984, Mr. Paul Betker submitted a request for a conditional use permit to allow the construction of a twin home on the property located on the corner of School Road North and Rolling Oaks Lane. A public hearing was held at the regular meeting of the Planning Commission on October 16, 1984, at which time there were several owners of neighboring property who voiced their objection to the setback on the Rolling Oaks Lane side and to the possibility of having a multiple family dwelling in an area zoned for single - family dwellings. 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, October 4, 1984. 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 afore- mentioned request for a conditional use permit be denied, but also recommends that the builder and neighboring property owners come up with a 3 lot layout of the 260, with an acceptable setback from Rolling Oaks Lane and present it to the Council. Respectfu),13( submitted, ry Acdo, Chairman chinson Planning Commisson q,21 e70.1 -a 70.3 A 7O.a x 66. 5 169.2 x66.5 (67.31 ti � O r O .a -ee 6e 100.00 65.71 I I I I 6641 (67.?� 36 Q N N lC O Q Garage 4 floor 67.5 PROPOSED N I 67.5 67.4x 40 165.9 65.7. (67.2) 44 25 P. % HOUSE �( W (a (67.2) M M M Garage Fleor M to 65.4 xi 44 67 164.8 O (67.0) � I 1 U): m NI h I SS .'. 165.6 - 65.2 a! 25 0,t 65.65 C. 65.17 9, O I U N zgm • A 100.00 64. S9@ 66.51 care x65.5 66.4. 66.04. gutter i 66.3x 66.32 C. 95 g 65.649• N lC O Q Garage 4 floor 67.5 PROPOSED N I 67.5 67.4x 40 165.9 65.7. (67.2) 44 25 P. % HOUSE �( W (a (67.2) M M M Garage Fleor M to 65.4 xi 44 67 164.8 O (67.0) � I 1 U): m NI h I SS .'. 165.6 - 65.2 a! 25 0,t 65.65 C. 65.17 9, O I U N zgm • A 100.00 64. S9@ r O +rtyl g !MN "Or HYDRANT by4y - Ma iI box as a B.M CO Conte pad ELEV. 1072.70 ROLLING OAKS LANE Cure 54.64 Gutter 63.96 INV. 59.4 LOT 2, BLOCK I, ROLLING OAKS FOURTH ADDITION 7 °`n " ' " "r 1a = 30' Hansen Thor PelllnenOlson Inc: P Scale Book HTPO 24 a ;nnesota. landSurveyors - Consulting Engmeers-S;tePlanners - File No. 184144 Page 69 HUTCHINSON,MN. Tel. 587 -4789 r 587.5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 18, 1984 TO: Hutchinson City Council ------------------------ - - - - -- FROM: Hutchinson Planning Commission ------------------------ - - - - -- SUBJECT: FINAL PLAT - HELLAND'S SIXTH ADDITION ------ ------------------ - - - - -- It is the recommendation of the Planning Commission that the final plat for Helland's Sixth Addition be approved as submitted. F 1] q-A-1 0 HELLAVD /S SIXTH i Qr q[ fM YfdMf NNMnff YrY IMM fPrf J JI�,1 1 / 1[1110 4lot N mwf[ [1W [[IYwN1 / / 61 at Mass now o" NNOt [N6 / 0 Mf M Willis, [Mq ffrgt 4Ma • ONYtN MY0 wnYlll.n fYrYl / / rt " ". ` 60011[IN •M fN11YNYllt Nt 0 0[001 m Jim `- s /V1 [6► A 14 [ltll IM MN U0r000 4lw[Iw 6w 66261 OrtN1Nw0 M 0111 [our." I/ffall If [ [WmN. . . -' / 7• \ / . +'' 7 r !Wv Yo [wl CAROLINA °°°•°O'O Y AVENUE is 1 1 L LiJ T = 1[ tle N 1K4.W[ 11ITN \ Mft 8 It 9 i 10 11 12 . 13 ` 14 IS •° 16 i 77 1 f f l [N _..__— we T ST.OtI`' 1 I i I i W f a J a w � e 1 fig s 3 3 is 1 1 L LiJ T = 1[ tle N 1K4.W[ 11ITN \ Mft 8 It 9 i 10 11 12 . 13 ` 14 IS •° 16 i 77 1 f f l [N _..__— we T ST.OtI`' 1 I i I i W f a J a w � e 1 fig s 3 3 8 It 9 i 10 11 12 . 13 ` 14 IS •° 16 i 77 1 f f l [N _..__— we T ST.OtI`' 1 I i I i W f a J a w � e 1 fig s 3 3 0 RESOLUTION NO. 7889 0 RESOLUTION GIVING APPROVAL OF FINAL PLAT FOR HELLANDS SIXTH ADDITION WHEREAS, W. A. Helland of Spicer, Minnesota, owner and subdivider of the land proposed to be platted as Helland's Sixth 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; Lot 1, Block 1, and that part of Lot 1, Block 2, all in HELLAND'S FIRST ADDITION, according to the recorded plat thereof, described as follows: Commencing at the southeast corner of HELLAND'S FIRST ADDITION, according to the recorded plat thereof; thence North, assumed bearing along the east line of said HELLAND'S FIFTH ADDITION, a distance of 300.48 feet to the point of beginning of the land to be described; thence East a distance of 1020.59 feet to the intersection with the northerly extension of the east line of Tract A of REGISTERED LAND SURVEY NO. 15; thence South, along said northerly extension, a distance of 27.00 feet to the south line of said Block 2; thence East, along said south line, a distance of 144.15 feet to the southeast corner of said Block 2; thence northerly, along the easterly line of said Block 2, to the northeast corner of said Block 2; thence southwesterly, along the northwesterly line of said Block 2, a distance of 120.00 feet; thence South 29 degrees 06 minutes 00 seconds East a distance of 250.00 feet; thence South 10 degrees 31 minutes 35 seconds East a distance of 100.17 feet; thence South a distance of 384.19 feet; thence South 89 degrees 40 minutes 10 seconds West a distance of 900.00 feet; thence North a distance of 54.32 feet; thence West a distance of 237.11 feet to the westerly line of said Block 2; thence southerly, along said westerly line, a distance of 134.04 feet to the northwest corner of said HELLAND'S FIFTH ADDITION; thence East, along the north line of said HELLAND'S FIFTH ADDITION, a distance of 149.36 feet to the northeast corner of said HELLAND'S FIFTH ADDITION; thence South, along the east line of said HELLAND'S FIFTH 4DDITION, a distance of 207.12 feet to the point of beginning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of Helland's Sixth 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, subject to the parks and playground contribution being met and appropriate subdivision agreement being drawn up. q-A�? Resolution No. 7889 Page 2 2. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the County Recorder for their use as required by M.S.a. 462.358(3). 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 23rd day of October, 1984. ATTEST: Gary D. Plotz City Clerk H. Stearns Mayor 0 0 LJ 587 -5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 18, 1984 TO: Hutchinson City Council ------------------------------ FROM: Hutchinson Planning Commission ------------------------------ SUBJECT: FINAL PLAT - ORCHARD PARK FIRST ADDITION --------------- --------- - - - - -- It is the recommendation of the Planning Commission that the final plat for Orchard Park First Addition be approved as submitted. 0 9 �. ,e 0 16 s 0 W a 17 W a y f44 �' ! 2'S as 24 o.o, �_. :rst N OA g OAK ° ° ° 23 _-- m 2B .t as �O . 7 3 Ig .COs ° 22 e s � vo 6 � IIQD 1168 21 0 2_2Z. ` 28 __ o. 28 10 21 c WANDALL - 19 ND° -- K sao 30 i6 22 � 12 0 C _ 37 36 °t 31 17 �:n A ° 2 0 0 0' 32 16 13 0 _ 36 "_ 35 34 O 33 16 14 -.- 120.0 60 1 e° 't IRaa ea la,. r 0 . RESOLUTION NO. 7890 11 RESOLUTION GIVING APPROVAL OF FINAL PLAT FOR ORCHARD PARK FIRST ADDITION WHEREAS, Richard Schmidtbauer of Hutchinson, owner and subdivider of the land proposed to be platted as Orchard Park First 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; Legal Description: Lot 9, Block 1, Schmidtbauer's Second Addition, according to the recorded plat thereof. Also north 452.00 feet of Tract E of registered land survey No. 3, McLeod County, Minnesota. Also that part of Tract A of Registered land survey No. 3, McLeod County, Minnesota, described as beginning at the northwest corner of said Tract A; thence southerly, easterly and northerly, along the westerly, southerly and easterly lines of Bradford Street, as dedicated in said SCHMIDTBAUERS SECOND ADDITION, to the southwest corner of said Lot 9 of Block 1; thence east, along the south line of said Lot 9, to the southeast corner of said Lot 9; thence south, along the west line of the park, as dedicated in said addition, and along the southerly extension thereof, a distance of 280.00 feet; thence West a distance of 180.00 feet; thence South a distance of 83.30 feet; thence west a distance of 120.00 feet to the west line of said Tract A; thence North along said west line a distance of 452.00 feet to the point of beginning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of Orchard Park First 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, subject to the parks and playground contribution being met and appropriate subdivision agreement being drawn up. 2. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the County Recorder for their use as required by M.S.a. 462.358(3). 9—'V, 0 a Resolution No. 7890 . 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 23rd day of October, 1984. ATTEST: Gary D. Plotz City Clerk E Robert H. Stearns Mayor 0 (612) 587 -5151 klmll, CITY OF HUTCHINSON i 3? WASHINGTON AVENUE WEST /(TCHIN'SON MINN 55350 M E M O R A N D U M DATE: October 18, 1984 TO: Hutchinson City Council- ------- ----------- - - - - -- FROM: Hutchinson Planni� Commission - -- - - - - -- — — — — — — — — — — — — — — SUBJECT: FINAL PLAT - BETHKE'S ROLLING—GREENS THIRD TOWNHOUSE ADDITION ----------------------- - - - - -- It is the recommendation of the Planning Commission that the final plat for BETHKE'S ROLLING GREENS THIRD TOWNHOUSE ADDITION be approved as submitted. 9 -.t -..NWSNP .. "Oftonv- ,- S., 36 r Ili 4 -V�j .. Ina YIN 503.91 - nE IC v 90-1 t2 00 ,ft-l"o E C, ii 0 11 IN this is "t i. h= that th� -.t "de �.,Tkd,lry li Ge 11111hwaYs tO In ftellflatca n it wIll 0 11 IN • RESOLUTION NO. 7891 • RESOLUTION GIVING APPROVAL OF FINAL PLAT . BETHKE'S ROLLING GREENS THIRD TOWNHOUSE ADDITION WHEREAS, Larry Bethke of Hutchinson, owner and subdivider of the land proposed to be platted as Bethke's Rolling Greens Third Townhouse Addition had 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; That part of the Northeast Quarter of the Northwest Quarter of Section 36, Township 117 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 55 minutes 45 seconds West, assumed bearing, along the north line of said Northwest Quarter a distance of 1068.51 feet; thence South 1 degree 57 minutes 15 seconds West a distance of 279.65 feet to the point of beginning of the land to be described; thence South 0 degrees 04 minutes 15 seconds West a distance of 150.00 feet; thence south 88 dgrees 59 minutes 30 seconds East a distance of 177.60 feet; thence South 47 degrees 37 minutes 30 . seconds East a distance of 95.00 feet to the northwest corner of BETHKE'S ROLLING GREENS SECOND TOWNHOUSE ADDITION; thence North 50 degrees 50 minutes 30 seconds East, along the northwesterly line of said addition, a distance of 331.94 feet to the northeast corner of said addition; thence North 8 degrees 37 minutes 00 seconds West, along the easterly line of Block 1 of GREENS VIEW ADDITION, a distance of 7.00 feet to the northeast corner of said Block 1; thence North 89 degrees 55 minutes 45 seconds West, along the north line of said Block 1 and its westerly extension, a distance of 503.91 feet to the point of beginnning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of Bethke's Rolling Greens Third Townhouse 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, subject to the parks and playground contribu- tion being met and appropriate subdivision agreement being drawn up. 2. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the County Recorder for their use as required by M.S.a. 462.358(3). 0 Resolution No. 7891 Page 2 40 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 23rd day of October, 1984. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor 0 • 11 (612) 587 -5151 %lUTCN' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCH;NSON, MINN. 55350 M E M O R A N D U M DATE: October 18, 1984 TO: Hutchinson City Council ------------------------------ FROM: Hutchinson Planning Commission ------------------------------ SUBJECT: FINAL PLAT - LAKEWOOD TERRACE FOURTH ADDITION -- --- ------ ------------- -- - - -- It is the recommendation of the Planning Commission that the final plat for Lakewood Terrace Fourth Addition be approved as submitted. 0 E vw —AL AREA - 5. 79 ACRES I 1 I 11 o", In ,) t f al 1 [, I L f 11 LI 11.1f ,u I nl n n 9— In 1-1 It th !In I plw mf I M1 n- 1 v IJ ll [ LM1 n In r e I J+ 1 n A L I .1: LF I f m .. 1 11111 r In n I 1 'I IM1 In 1't f I1 5 V 1 I L IM1 1 L In n In I I 1 0 hf n 1.- 'E[d 1 I4 k I'1 ! 14[A 1 IV 1 lh f 1 LF `kl -.J re lM1 ; F A 1 f I [q' 1. d l 1 1 1 1 III n n - a Jr 1 1 d M 1 e' 'r f 11 tM1 M 1I 1 1 in a d l l Ai f tUX V 1 1 eM M tF ] J. 1 1 I. 1 et I I 1 J I I n n rlh I A•F 19 ad t YJ oM l -1 11 taA ! le n na a .. h I ii J le e e M,t a Alrt[ixx r 5 ( to & tn- terla 1 4ad 1 A J A J1 [ A i IAXIHXW KAMM, a[tordj., Io th 1 -J I .lot 11 ( IMno In erll 1 Lf Lh ly If t tM nuat no rl M1er ly eo f I I Y f lM1 1J11X0 1 1 IL L.ti, WXV• 11411 1, enordmy 11 IM rncordaA pbt Inereel. tMnce rout h,; tie Iv, nlon. tM , rll Iln. .d noiA xlwA 1. [ AUUnae nl IIO.Un 11 1 to the o[t o,111M1 corner u( r.id Thence •omnver�rr l,, [ion: Inr ,outManrrlY Ilne of said 111 .l k, Lo "" Inter rest fun ulth n 11. o! tN, p,rrel n land M11n la eu rlbd In Ronk le) of Used: on "iop 50V; ,h,nce i n ,. dory 'lid nor n I,ne, a dL...... of J +1,91 feat to In, I.lot of M..mu .. z FUTURE PL4TTtljG/ in oill- 0 in w / 3 .Ne .ere MO'S,'15-W.r „\• tidy ex eon. �1 •/ •4 ITS Ip rnu ,ex OcIr lo, BLO lit, lo. no ,.r ID — •—iii— — \r •^! a •o +O •+ nip »a•. ton N aW.1 in sn»r a,e >.[ Lraeoer• Mile •\ [�'k{�n 'n % e� V 1r 1b No rlevN»n W5•. EO ' A,• 43 4,• M1O Y -+• ..• N .rt.nr ., 11.w.[ 11... w.w. srr.I ww 5W \ �.'. . n+^C w.n +. "is f ! .,r .r 49rlrn Mw. [w»r,en 1057 11 ^'� .. apr No Oc no +i e: f e... .... r r ••y 4�`. ry "'Iv � .e W dI-• 4 0 0 RESOLUTION NO. 7892 RESOLUTION GIVING APPROVAL OF FINAL PLAT FOR LAKEWOOD TERRACE FOURTH ADDITION WHEREAS, Loretta McDonald and Larry Bethke of Hutchinson, owners and subdividers of the land proposed to be platted as Lakewood Terrace Fourth Addition, have submitted their application for approval of the final plat of said subdivision in the manner required for platting of land under the Hutchin- son 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; Part of the Southwest Quarter of the Northeast Quarter of Section 2 and part of the South Half of Section 2, all in Township 116 North, City of Hutchinson BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of Lakewood Terrace Fourth 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, subject to the parks and playground contribution being met and appropriate subdivision agreement being drawn up. 2. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the County Recorder for their use as required by M.S.a. 462.358(3). 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 23rd day of October, 1984. Robert H. Stearns Mayor ATTEST: . Gary D. Plotz City Clerk 9 -.0�, (612) 587 -5151 HUTCH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON MINN. 55350 M E M O R A N D U M DATE: October 18, 1984 TO: Hutchinson City Council ------------------------------ FROM: Hutchinson Planning Commission ------------------------------ SUBJECT: Annexation petitioned by Dennis Albertson ------------------------ - - - - -- It is the recommendation of the Planning Commission that the annexation as petitioned by Dennis Albertson be proceeded with. 0 0 9- u • PETITION FOR ANNEXATION TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA The undersigned petitioner(s) respectfully represents and states that he (0q* is sole owner of the following described lands: The N� of the S15 of the SEA of the NEh of Section 12, Township 116 North, Range 3 West, excepting therefrom the following described tract of.land: A part of the N�,S' of SE4 of NEa of Section 12, Township 116 N, Range 30W, McLeod County, Minnesota. Described as follows: Beginning at a point on the South line of said N�,S' of SE4 of NE; of said Section 12, said point being on the West 75.0 foot Right of Way line of Minnesota T.H.No. 15, said point bearing South 89039' West 75.0 feet from the SE corner of said N]�,S;, of SE4 of NE'h of said Section 12, thence, along the South line of said Nk,Sh of SEk of NEa of said Section 12, South 89039' West 264.0 feet, thence due North 165.0 feet, thence North 89039' East 264.0 feet to the West Right of Way line of Minnesota T.H.No. 15, thence, along said R.O.W. line due South 165.0 feet to the point of beginning. Tract containing 1.0 acres more or less. Also excepting a part of the N' of S' of SE; of NE;, Section 12, Township 116N, Range 30W, McLeod County, Minnesota, described as follows: Beginning at a point on the S line of said Nk, S� of SEa of NE; said Section 12; said point bearing S 89039'.West a distance of 339.0 feet from the SE corner of said N', Sk of SE4 of NEa, Section 12, thence continua along said S line aforesaid S 89039' West a distance of 264.0 feet; thence d N 165.0 feet; thence N 89039: E 264.0 feet; thence due S 165.0 feet to the pcc*t of beginning. Tract containing 1.0 acres, more or less. And do respectfully request that said lands be annexed to and become part of and included in the corporate limits of the City of Hutchinson. Date: Oc Dennis K. Albertson Signed: BY: C.\,M. Bradford,.AttorneY for Dennis K. Albertson 1] • RESOLUTION ITO. 7893 REQUEST FOR ANNEXATION 0 WHEREAS, the following described property is urban in character and adjoins the City of Hutchinson, and WHEREAS, the City Council of the City of Hutchinson hereby requests the described property to be annexed to the City of Hutchinson, and WHEREAS, authority to effect such annexation is vested in the City, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT, annexation of the following tract be put into effect: N 1/2 of the S 1/2 of the SE 1/4 of the NE 1/4 of Section 12, Township 116 North, Range 30 West, excepting therefrom the following described tract: Commencing the Southeast corner of said N 1/2 S 1/2 of SE 1/4 of NE 1/4; thence West along the South line 33 feet more or less to a point on the West right -of -way line of T.H. 15, said point being the point of beginning; thence North along said West right -of -way line 165 feet; thence West parallel to said South line 528 feet; thence South 165 feet to a point on said South line, thence East along said South line 528 feet to the point of beginning. Containing 8 acres more or less. Adopted by the City Council this 23rd day of October, 1984. ATTEST: Gary D. Plotz . City Clerk Robert H. Stearns Mayor 1— V• CLINTON .�. —.. �._ AVENUE � _+. - -� �.- '- �•��.__ it J V f W-.34i �! i E �� I � oMa � IRa E I •� p`F —��I Ire • � I � f N:•F C �fL. EiNaT .oeinoN j _ Ta o s • p s i• ' I i• E - . , . , I • . •ou TN•IOl T•N11.CC j eUaLei 1 f K•AR • I 1 CT CNO I s r 7 em"s, • KRE y I • • • to rectroRT u CENTURY 2,, 0 •00•T.O r ! ' s E -.I I�M•J {i %Y MUE NUTCMIN30N AREA VOCATIONAL TECMMICAL INSTITUTE 0 0 0 \J SIATL OF MINNESOTA COUNTY OF MCLEOD IL NOTICE OF PUBLIC HEARING • 1112 1,7 S OCT1984 N REEF YOU ARE HEREBY NOTIFIED that a regular meeting of the Mci:2e4�-County Planning Commission will be held on the 24th day of October , 19 84 , at 7:30 p.m. in the County Commissioners' Room at the Courthouse, Glencoe, Minnesota. THE PURPOSE OF SAID REGULAR MEETING is to consider the application of Rezoning heretofore filed with the County Zoning Administrator by Sharstrom Plumbing and Compton - Anderson Construction Inc. Said application has been submitted for a Rezoning from a(n) Agricultural District to a(n) Industry . District to allow the construction of a general contractor and mechanical contractor offices, shop and yard. THE PREMISES UPON WHICH said Rezoning is anticipated and situated in the County of McLeod and State of Minnesota is described as follows to wit: Lot 2 Block 1 David Lee Acres in Section 30 T117N, R29W.i/ THIS HEARING will be held by the McLeod County Planning Commission at which time you may appear if you desire, either in person or by agent or attorney, in opposition to or support of the proposed zoning change. Thereafter, the McLeod County Planning Commission shall forward its recommendation to the County Board of Commissioners. If you desire to appeal the Planning Commission's recommendation, you can take your request to the County Board which has the power to overrule the decision of the Planning Commission. DATED THIS 10th DAY OF October 19 84 . Edwin E. Homan n — McLeod County Zoning Administrator �/!► � f(672) 587.5151 - C/TY OF HUTCH/NSON WASHINGTON AVENUE WEST i ~U`C -hVS CN. MINN M E M 0 DATE: October 18, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: Mac's Bluff Addition According to the Subdivision Agreement, construction of curb and gutter and gravel base should be completed in 1985. Attached is the Engineer's Report for same. The following resolutions need to be passed: • 1. Ordering Report 2. Receiving Report and Calling Hearing MVP /pv attachment • Marlow V. Priebe Director of Engineering q- x� DATE: TO: FROM: 0 October 18, 1984 ENGINEER'S REPORT CITS OF HUTCHINSON Mayor and City Council Director of Engineering SUBJECT: Street Improvement Project Gentlemen: 0 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on the 13th day of November, 1984. PROJECT N0. 85- 01 -34: Construction of Gravel Base and Curb and Gutter and Appurtenances on Walnut Street and Hillcrest Road in Mac's Bluff Addition Construction Cost Engineering Fiscal and Miscellaneous Land Acquisition Capitalized Interest TOTAL--- - - - - -- Assessable Cost Deferred Assessable Cost City Cost MVP1pv $ 14,500 1,450 1,450 1,450 18.850 $ 18,850 TOTAL --------------- = ---------------- $ 18,850 Respectfully submitted, Marlow V. Priebe Director of Engineering i • • i • • • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT N0. 85 -01 -34 Resolution No. 7895 WHEREAS, it is proposed to improve Walnut Street and Hillorest Road in Mac's Bluff Addition by the construction of Gravel Base and Curb and Gutter and Appurtenanoes, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 4299 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTAs That the proposed improvement be referred to Marlow V. Priebe for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Clerk Adopted by the council this 23rd day of October, 1984. 9 Mayor • RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT N0. 85 -01 -34 • RESOLUTION N0. 7896 WHEREAS, pursuant to resolution of the Council adopted October 23rd, 19849 a report has been prepared by Marlow V. Priebe with reference to the improvement of Walnut Street and Hillorest Road in Mac's Bluff Addition by the construction of Gravel Base and Curb and Gutter and Appurtenances, and this report was received by the council on October 23rd, 1984. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of #18,850.00. 2. A public hearing shall be held on such proposed improvement on the 13th day of November, 1984, in the Council Chambers of the City Nall at p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. C1 Adopted by the council this 23rd day of October, 1984. . Mayor • • 0 Published in the Hutchinson Leader on Tuesday, October 30th, 1984, and on Tuesday, November 6th, 1984. • NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 85 -01 -34 PUBLICATION NO. _ 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 13th day of November, 1984, to consider the making of an improvement on Walnut Street and Hillemst Road in Maus Bluff Addition by the construction of Gravel Base and Curb and Gutter and Appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property. The estimated cost of such improvement is ;189850.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. City Clerk Dated: October 24th, 1984 PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST TUB PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. 11 () 587 -5151 jffj37 ITY OF HUTCHINSON WASHINGTON AVENUE WEST CHINSCN. MINN. 55350 M E M 0 DATE: October 18, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: Watermain Due to the lack of a City Watermain on Oak Street between McLeod Avenue and College Avenue, the property owners have had to install a misfit system of services, as shown on the attached drawing. There has been one leak repaired on the 11411 galvanized service line about two years ago. That street is programmed for a wear course overlay, however, before the above - mentioned section is done, a watermain should be installed and properties hooked up or service leads provided. • I, therefore, recommend this be done in 1985 and the overlay be delayed for this block until 1986, MVP/PV attachment cc: Ralph Neumann Dick Nagy Marlow V. Priebe Director of Engineering 9- y (612) 879 -2311 . f/!/TlH" C1TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: October 23, 1984 TO: _ Mayor & City Council _ _ _ _ _ _ _ _ _ _ _ FROM: _ Water Billing Department SUBJECT: _ Delinquent Water Accounts _ _ _ _ _ _ _ _ _ _ Attached is a listing of the delinquent water accounts for the month of October. Recommend water service to be discontinued on Monday, October • 29, 1984 at Noon. • 2- 070- 0565 -081 • 2- 035- 0654 -041 • David Norton Larry R. Wendorff 565 Fourth Ave. SW 654 2nd Ave. S.W. Hutchinson Mn 55350 Hutchinson MN 55350 565 Fourth Ave. SW 654 2nd Ave. S.W. 64.34 60.66 Promises 11/01 2- 350 - 0505 -021 Richard Mattson 505 Dale Street Hutchinson MN 55350 505 Dale Street 72.59 2- 585 - 0621 -081 Mrs. Ruth Piehl 621 Juul Road Hutchinson Mn 55350 621 Juul Road 73.58 Promises 11102 2 -465- 0626 -081 Chris Johnson 626 Harmony Lane Hutchinnon MN 55350 626 Harmony Lane 86.73 cc: LeRoy Johnson 215 David Ave. No. Litchfield Mn 55355 2- 585- 0642 -032 Rick Weispfenning 642 Juul Road Hutchinson MN 55350 642 Juul Road 42.27 2- 670 - 0506 -041 2- 925 - 0804 -061 Pat Mahoney Gene Burch 506 Lynn Road 804 Sunset Street Hutchinson MN 55350 Hutchinson MN 55350 506 Lynn Road 804 Sunset Street 117.16 87.57 $25 weekly beg. 10/26 3 -210- 0506 -091 3- 330 - 0131 -072 Randy Gunderson David Nonweiler 506 Adams RR 1 Hutchinson MN 55350 Brownton MN 55312 506 Adams 131 College Ave. 104.31 63.38 Promies to pay $25.00 10/26 $25.00 11102 - $13.38 11/09 2- 345 - 0744 -011 Odella Radtke 744 Craig Ave. Hutchinson MN 55350 • 744 Craig Ave. 92.38 Promises 11/01 2 -470- 0715 -031 E. Duesterhoeft 715 Harrington Street Hutchinson Mn 55350 715 Harrington Street 94.78 2- 620 - 0540 -031 Mark Schmidt 540 Larson Street Hutchinson Mn 55350 540 Larson 92.35 E 2- 670- 0557 -022 Richard VanGilder Box 170 RR 1 Hutchinson MN 55350 557 Lynn Road 106.44 Promises 1/2 11102 - 112 ll /" • 0 (612) 587 -5151 9 f/U1CH" CITY OF HUTCHINSO 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 17, 1984 Mayor Robert Stearns and the members of the Hutchinson City Council RE: Legal Opinions from Outside Sources Dear Councilmembers: Since I became City Attorney for the City of Hutchinson, I have attempted to answer any and all legal questions placed to me by Councilmembers of city staff in a prompt, diligent and impartial manner. If my response to any question was not palatable to a councilmember or staff member, I have never been unwilling to seek independent verification of my opinions. On many occasions during the last three years, I have contacted the Attorney General's Office or the League of Minnesota Cities and sought their formal opinion on questions which I had already attempted to answer. I believe that you will find that for the most part, the opinions received from these two sources have verified the information which I provided the council. In the last two years for individual councilmembers seek direct opinions from the League of Minnesota Cities. procedure is unwise from both view point. there has been a growing tendency to bypass the City Attorney and Attorney General's Office or the strongly feel that such a an administrative and a practical The City Attorney is the legal Hutchinson. If legal questions arise, equipped to provide rapid and authorit City Attorney is bypassed, there is no office can be aware of or prepared for may face the city. To fail to utilize advisor to the City of he is the source best ative answers. If the way that the City Attorney' potential problems that the office of the City Attorney is, to me, a waste of a valuable resource. I would also question the utility of opinions obtained from secondary sources if those opinions are not obtained with input from the City Attorney's office. Whenever I contact the Attorney General's office or the League of Minnesota Cities, I attempt to provide them with information that completely out- lines the legal and the factual situation as I perceive it. I attempt to fairly provide arguments made for both sides and the basis for my forming the legal conclusions that I have formed. • I feel confident that whenever I have concluded speaking or contacting the Attorney General or the League, they are fully /D -C', f r Mayor and City Council • October 17, 1984 Page Two apprised of the situation and are capable of forming a valid opinion on the questions raised. If that opinion is different than mine, they outline the reasons for the difference and provide me with the tools needed to further research the question. If the City Attorney has not participated in providing input to the Attorney General's office or the League, then I, as an attorney, cannot be sure what information was provided these agencies or how they reached their conclusions. Their opinion may agree with mine but if their opinion is based upon incomplete or incorrect data, their opinion would not be valid. In a like manner, if their opinion differs, such difference would only be valid if both opinions were based upon the same underlying data and factual information. I do believe that these two sources of information are valid and useful. I do not believe that it is right or proper to attempt to pick the opinions of the City Attorney's office against the opinions of the Attorney General of the League of Minnesota Cities. I would request that all questions of a legal nature be directed to the City Attorney's office. I will respond in an informal manner if such a response is appropriate; but will respond in writing if the response requires great detail or if requested to do so. Any response to a specific item of controversy will be reduced to writing and provided the entire council. If any councilmember or staff member feels that the response is inaccurate or not a correct interpretation of law or statutes, they may request a formal opinion from the Attorney General's office or the League of Minnesota Cities. I will then draft such a request in writing outlining the question and the factual basis surrounding the issue. This document will be presented to the council for their. review prior to submitting it for answer. When all parties agree that the information is substantially correct and the question is properly phrased, it will be submitted to the appropriate source. By proceeding in this manner, all parties can agree that the issues involved have been fairly presented and that the response will be dispositive of the issue. It should be remembered that many of the issues presented to the City Attorney for resolution are not capable of being precisely answered in black and white terms. It is my position that if a proposed action is clearly contrary to statute, ordinance or charter, it is my duty to so advise the council. If the matter is subject to various interpretations, I have always attempted to fully inform the council concerning the various • possible legal ramifications of any action taken by the council. If I feel that a particular course of action is preferable to another, I will so recommend. Once I have informed the council of i r Mayor and City Council October 17, 1984 Page Three the various legal ramifications of any action and made my recommendation, it is up to the council to determine the course of action which it desires to pursue. Once the council makes such a determination, it is my duty as City Attorney to attempt to uphold and enforce that determination to the best of my ability. I have always attempted to do this even if I did not necessarily agree with the course of action taken. Hopefully this letter will clarify the policies and procedures which I feel I have attempted to follow and which should be followed in the future. If any of you have any questions concerning this matter or any other matter, I urge to stop in my office and discuss them with me personally. It is important that lines of communication between council and staff be kept open if the council and staff are to work together in an efficient and harmonious manner. 0 JHS:dlp i Respectfully submitted, CITY OF HUTCHINSON By/ "+ Ja es H. Schaefer Hutchinson City Attorney 0 REGULAR COUNCIL MEETING WATER L SEWER FUND First Trust Co. of St. Paul N.W. Bell Co. Hutch Area Vo Tech Hydraulic Specialty Blue Cross Blue Shield Canada Life Assurance Co. Electric Motor Co. Firemans Fund Insurance Fitzloff Hardware Hutch Cennex Jerabek Machine Shop Juul Contracting Logis Mn. Mutual Ins. Co. Power Process Equipment RCM State Treasurer *State Treasurer *Hutchinson Telephone Co. • CENTRAL GARAGE *State Treasurer Hutch Area Vo. Tech Jeffs Auto REpair Pleasureland Inc. Sec. State Bank (Teply Equip) Blue Cross Blue Shield Canada Life Assurance Co. Firemans Fund Ins. Forbes Auto Store Mn. Mutual Life INs. STate Treasurer Swanke Motors Town & Country Tire Wigen Chev. OCTOBER 23, 1984 interest & paying fees $ 68,056.25 lease line installation 1,057.70 work study student 143.38 repairs 1,000.00 Oct. medical insurance 1,456.57 Oct. dental insurance 174.91 rewind motor 120.00 Oct. LTD insurance 52.10 supplies 30.98 gasoline 789.24 repairs 33.00 curb box & bushing 22.00 terminal & printer & computer chgs 2,496.14 Oct. life ins. 51.77 supplies 216.06 professional services 2,459.84 PERA 261.79 Social Security 353.76 phone service 175.48 Soc. Sec. work study student repairs parts parts Oct. medical ins. Oct. dental ins. Oct. LTD ins. parts Oct. life ins. PERA parts repairs & parts 3/4 ton pickup 4 x 4 $ 78,9 50.97 $ 64.78 39.87 153.49 26.20 77.32 174.60 23.79 6.18 30.60 6.20 39.33 20.45 32.50 13,628.02 $_14,323.33 /l -Q, -z- • GENERAL FUND • *Hutchinson Telephone Co. phone service $2948.11 *State Treasurer social security 2565.87 *Mn. State Treasurer boat registration fees 98.00 *Dean O'Borsky advance for seminar in Utah 400.00 *Mn. Playground down payment on shelter 9699.03 *US POSTMASTER postage 1650.00 *Commissioner of Revenue arena Sept. sales tax 2.54 John Bernhagen supplies 50.60 N.W. Bell leaseline installation for computer 711.77 Hutch Area Vo Tech work study students 44.89 Nina Bonniwell refund on purchased tickets 33.00 Kenneth Rathbun stump removal refund 29.40 Janice Messner skating refund 15.00 Acme Wash Inc. 4 car wash maintenance 16.00 Anderson Interiors Inc. supplies 7.43 APCO registration fees 73.00 Automation Supply Co. office supplies 30.20 Mr. & Mrs. Lee Cheney mowing city grass 30.00 City of Princeton personnel manual 95.00 City of Hutchinson arena building permit 118.00 Hanson Throp Pellinen Olson survey work 1332.00 Lindsay Publications publication 9.95 Mn. Legal ChangesSeminar registration fees 40.00 Nat'l Inst. of Urban Wildlife 2 guides 6.00 Star Chapter of ICBO membership dues 25.00 .No. Prentice Hall Inc. publication 35.96 R.L. Polk Co. motor vehicle reg. manual 22.00 Crow River Country Club 120 Star CityBanquet dinners 960.00 Big Bear supplies 214.85 Cash Drawer #4 supplies 47.50 Central Garage vehicle rental 68,071.00 Central Garage repairs 131.44 Coast,�o Coast supplies 106.46 Canada Life Ass. Co. Oct. dental insurance 1581.22 Firemans Fund Ins. Oct. life ins. 553.25 Farmers Elev. Assn. chemical 25.00 Felskas Machine supplies 178.15 Great Plains hockey rink supplies 290.78 Fitzloff Hardware supplies 294.58 Guardian Pest Control pest control 33.25 Hutch Cennex gasoline 3715.98 Home Bakery supplies 92.64 Hutch Comm. Hospital laundry 4.50 Hutch Drug Inc, supplies 30.46 Hutch Fire Dept. State fire aid 23,124.00 Hutch Leader publication costs 472.58 Hutch Medical Center Johnson physical 100.00 Hutch Plbg & Htg. supplies 39.10 Jahnke Red Owl supplies 4.58 computer chgs 2616.58 •Logis Mn. Mutual Life Ins. Oct. life ins. 456.01 Mankato Mobile Radio pageboy charger & repairs 68.39 Marco Busines Products repairs 111.76 Kenneth Merrill fin. officers seminar 86.36 Midland Lines Inc. % of freight 960.57 -3 ICMA McGarvey Coffee Inc. Olsons Locksmith Sewing Basket Schmeling Oil Co. Hazel Sitz State Treasurer James Schaefer U.B.C. Xerox Wm. Mueller & Sons Blue Cross Blue Shield *U.S. Postmaster nnMn vminc 1981 Parking Bonds Bennie Carlson • • Library Construction Bonds Korngiebel ARchitecture Hutch Leader Chapin Pub. Co. Bonds of 1982 First Trust Co. of St. Paul Bonds of 1984 Juul Contracting 0 contribution 125.60 coffee 84.80 repairs 3.00 tarp repair 3.00 grease 22.80 workshop 44.90 PERA 3456.24 last half October 962.50 supplies 424.29 maintenance & paper 348.50 street materials 833.00 Oct. medical ins. 11,767.39 stamps for election 20.00 $125,172.21 contract payment $669.30 fees 14,629.60 bid ads 32.06 bid publications 91.96 interest and agent fees 21,200.00 est. #3, proj. 84 =07 2390.00 MUNICIPAL LIQUOR FUND Ed Phillips $ Sons wine 4 liquor $2421.60 Griggs Cooper $ Co. wine & liquor 3721.38 Quality Wine $ Spirits wine $ liquor 2501.59 Twin City Wine Co. wine $ liquor 1685.11 Ed Phillips $ Sons wine $ liquor 530.96 Northland Beverages Inc. mix 320.65 Quade Electric lamp holder 4.64 Hutch Mun Utilities electricity 720.05 City of Hutchinson water,sewer,refuse 46.01 State Treasurer PERA 154.55 Commissioner of Revenue Sept. sales tax 7033.89 Junker Sanitation Sept. refuse 97.50 City of Hutchinson payroll 3886.58 City of Hutchinson insurance 53.60 Allen Office Products tape,&, pen 25.00 State Treasurer Soc. sec. contribution 254.56 Griggs Cooper $ Co. wine $ liquor 3900.84 Quality Wine & Spirits wine $ liquor 1525.74 Twin City Wine Co. wine $ liquor 1607.40 Ed Phillips $ Sons wine $ liquor 4050.92 $ 34,542.56 • • October 17, 1984 Dear City Official: 4fP""HLLS 4""' City of Fergus Falls ,ffC Se FERGUS FALLS, MINNESOTA 56537 ,'I1'' i5eo- qol Office of JAMES L. NITCHALS City Administrator o ��`��g1617 +fg2 m p,/� X18' � FOR YOUR INFORMATION Fergus Falls urgently needs your help! We need an Industrial Development Bond allocation of $4.5 Million Dollars out of the 1984 allotment. If your City has an excess allotment that will be lost by the end of October, please give me a call immediately. We are willing to pay a reasonable amount for your allotment, plus cover all legal fees. If you willing to consider this, please call me collect at 218- 739 -2251. Sincerely, James L. Nitchals City Administrator JLN /co Equal Opportunity Employer i K' af NAME Gail Verhey , • EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL JOB TITLE Gymnastics Instructor FOR YOUR INFORMATION DATE October 10, 1984 ADDRESS Dassel SUPERVISED BY Barb Haugen, Bruce Ericson EMPLOYMENT STATUS X NEW EMPLOYEE OTHER: FULL TIME X PART TIME OR SEASONAL PAY RATE $6 /1r COMMENTS Skilled instructor for gymnastics fall program THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS, D,\ TnMtt E A D PERSONNEL ORDINATOR I CITY ADMINISTRATOR DEVELOPMENT CORPORATIOUESIGN CDMMITTEB ✓ L �Q /(j (� y October 4, 1984 I r Members Present: John Rorngiebel, chairman; T.A. Burich, HCDC; John Bernhagen, 0 HCDC Executive Director; Gary Plotz, City administrator A name for the committee was discussed. No decision was reached. The following are suggestions: I. HCDC Design Committee 2. Beautification Committee 3. HCDC Downtown Redevelopment and Design Committee John Bernhagen will contact Gary Larson of the Downtown Retail Association to explain committee function and to propose having one of their officers sit in on our committee meetings and one of our members sit in on their committee meetings. The committee is considering ways to coordinate remodeling and new construction in downtown area. A mission statement was discussed. A first drafC proposal is as follows: The Committee shall be called "The " The committee's purpose is to establish a private and public partnership to co" ordinate the development, redevelopment and design of downtown Hutchinson. The following were considered as objectives: General priority Facade concepts City co-ordination Set up building designs within a specified district The following goals were suggested: Specific priorities recommendation on design of Bretzke property parking lot access of above parking lot to main street consider city ordinance for design review of facade and site select a specific block for a beginning consideration for re- development concept establish criteria for Tax Increment Financing for public improvement and private loans The Chairman will personally contact additional members for committee membership. The next meeting will be Thursday, November 1, at 9:00 a.m. at the Chamber of Commerce board room. sy 0 "WHAT's mVEIOPInd"• Wchinson Community Development Corporation (HCDC) John Bernhagen, Exec. Director WLibrary Square 10 -15-84 Hutchinson, MN 55350 (612) 587 -7500 NEW DIRECTORS AND OFFICERS DEVMPMENT CORPORATION DESIGN COMMITTEE At the recent annual membership of DOWNTOWN DESIGN COMMITTEE HCDC, twenty -one of its twenty -nine members were present. The member- Through meetings of downtown retailers ship approved a Bylaw change allowing beginning last February, a committee the Board to expand from its five mem- that has became very active is, for lack bers to a maximum of nine. Seven yet of another name, the Beautification directors were elected by the member- Committee." The committee presently ship for 1985. They are as follows: consists of John Korngiebel as Chairman, Ron McGraw, Glenn Matejka, T.A. (Buzz) Dick McClure as Secretary: Other mem- Burich, Art Cooper, Donald Glas, Chad bers being Jay Alrick, Jo Willmert, Piehl, and Tom Daggett. At a sub - Cheryl Dooley, Buzz Burtch. HCDC Board sequent meeting of the Board, the member John Bernhagen, Advisor; Rufus following were elected as officers: Alexander, Advisor; and Marlow Priebe, Ron McGraw, President; Art Cooper, Advisor. The group has a first draft Vice President; and Chad Piehl of a mission statement as follows: Secretary/Treasurer. The committee shall be called "The " The committee's purpose is to estab- lish a private and public partnership to coordinate the development, redev- GRAXr APPLICATION IN THE MAKING elopment and design of downtown Hutch- inson. Meetings are being held with West Projects that they are presently working Central Personnel to develop a low- interest financing application to the on are: 1. Beautifying parking lots State of Minnesota. Our schedule is 2. Coordinating an alley improve- to have all of the detail work done with ments program the application to be sent in and, hope- 3. Giving consideration to review fully, approval during the calendar city ordinances for design of year of 1984. The successful completion facade and site on downtown of this project will have many posi- buildings. tive outcomes. Several of which are: 4. Suggest financial help program 1. Provide employment for low and 5. Select a specific block in the moderate income individuals downtown for a redevelopment and handicapped 2. Provide a local market for concept. salvage j 3. The beginning of an environ- mental waste management pro- STAR CITY WORK FINALIZED gram of recycling After two years of intensive work by 4. Making available to the city many Individuals, the tools that the a revolving loan fund for future Star City Program brings to the city industries were finalized at the Star City awards 5. The location of a new industry Banquet on October 1. Approximately for our community. 110 people attended the evening's festivities. Many committees were co- ordinated from the HCDC office. A big THANK YOU goes out to everyone that helped. INDUSTRIAL CALLS We identify nineteen industites in our community ranging from a one -man tool and die shop to the two A plants with a combined employment-of '2,083 employees. Each of these.industries ,sas personally visited in order to have an opportunity to discuss their questions regarding city and state problems as well as sug- gestions they may have. The information gathered from these visits will be forwarded to the State Department of Economic Development and will become the topic of discussion at a meeting on October 24 with Commissioner Mark Dayton and other Star City repre- sentatives. The information received at these visits will also be the topics of several meetings planned for our committee. EXTENSIVE LABOR SURVEY. UNDERWAY In order to give existing industries and potential developers .h statistically sound projection of labor potential, a blanket labor survey will be conducted in November. This is being done with the cooperation of Hutchinson and Glencoe Utilities and McLeod Coop Power Assn. by enclosing two questionnaires in each electric bill. HAVTI will be doing the computer entry upon return of questionnaires and St. Cloud State University will be running the program for us. To our knowledge to date, this will be the most extensive and.complete labor survey of any area in the state: r :UTCHINSON COMMUNITY DEVELOPMENT CORPORATION IS HERE TO SERVE OUR COMMUNITY- PLEASE DO USE US.L 4W