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HUTCHINSON CITY CALENDAR WEEK OF August 25 TO August 31 1985 WEDNESDAY -2.8- ,10:00 - 11:30 A.M. - Director Meeting at City Hall I SUNDAY MONDAY TUESDAY -25- -26- -27- THURSDAY -29- �NI i �1yr > ^�nj rr I1�III ` r 4�` n YYWWYYwWWJJ. — 10 , - — G r i i i Noon - Safety Council Meeting at Fire Station 1:00 P.M. - Utilities Commissioit Meeting at Utilities 5:30 P.M. - City Council Budget 5:30 P.M. - City Council Budget Review at City Hall Review at City Hall 7:30 P.M. - City Council Meetin at City Hall FRIDAY -30- mmm , 9 h n• SATURDAY -31 AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 27, 1985 1. Call to Order - 7:30 P.M. 2. Invocation - Reverend Gary Galchutt 3. Consideration of Minutes - Regular Meeting of August 13, 1985; Bid Opening of August 12, 1985 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - July 1985 2. 3. 4. -10 5. 6. Ac Planning Commission Minutes dated July 16, 1985 Nursing Home Board Minutes dated July 25, 1985 Parks & Recreation Board Minutes dated July 10, 1985 Tree Board Minutes dated July 2, 1985 Hospital Board Minutes dated July 16, 1985 tion - Order minutes to be filed (b) Consideration of Application for Permit to Hold Public Dance: 1. McLeod County Historical Society 2. T. L. Scalawags Action - Motion to reject - Motion to approve and issue permits 5. Public Hearing - 8 :00 P.M. (a) Improvement Project No. 86 -02 Action - Motion to close hearing - Motion to reject - Motion to approve project and order preparation of plans and specifications - Motion to waive reading and adopt Resolution (b) "On Sale" Intoxicating Liquor License for Kevin Lamson At T.L. Scalawags And Hutch Bowl Action - Motion to close hearing - Motion to reject - Motion to approveand issue liquor license - Motion to continue hearing 1 CITY COUNCIL AGENDA - AUGUST 27, 1985 6. Communications, Requests and Petitions (a) Consideration of Status Reports By City Attorney: 1.- glockmann Property 2. Gutormson Property Action - (b) Consideration of Request to Use Library Square for Annual Arts And Crafts Festival September 20 -21, 1985 Action - Motion to reject - Motion to approve request (c) Consideration of Request for Director of Engineering to Attend Midwest Engineers Conference And Exposition October 9 -10, 1985 Action - Motion to reject - Motion to approve request 7« Resolutions and Ordinances (a) Resolution No. 8099 - Transferring $142,273 from 1985 Special Assessment Bond Fund To General Fund for Engineering And Administration Fees Action - Motion to reject - Motion to waive reading and adopt (b) Ordinance No. 13185 - An Ordinance Extending The Corporate Limits Of The City of Hutchinson To Include Certain Unincorporated Property Owned By And Abutting Upon The Limits Of The City Action - Motion to reject - Motion to waive first reading and set second reading September 10, 1985 ic);'.Rebolution No. 8101 - Resolution for Purchase Action - Motion to reject - Motion to waive reading and adopt (d) Resolution No. 8103 - Resolution for Police Officer Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration Of Report By City Engineer Concerning County Ditch 18 (DEFERRED AUGUST 13, 1985) Action - Motion to reject - Motion to approve report - Motion to waive reading and adopt Resolution No. 8098 2 6 CITY COUNCIL AGENDA - AUGUST 27, 1985 (b) Discussion Of City Charter And Appointment of Charter Commission Action - (c) Report By Korngiebel Architects On Fire Station Furnace Warranty Action - (d) Consideration of Reaffirming GVW Truck Bid Awarded to Plowman's Action - Motion to reject - Motion to reaffirm awarding of bid 9. New Business (a) Consideration Of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of servide (b) Consideration Of Engineer's Report On Improvement For Additional 1986,; Projects - Project No. 86 -03 It Action - Motion to reject - Motion to approve engineer's report and set public hearing September 249 1985 at 8 :00 P.M. - Motion to waive reading and adopt Resolution No. 8100 Voj.- (c) Consideration Of Establishing Public Hearing Date To Amend Development District Program And Tax Increment Financing Plan For Revolving Loan Fund Action - Motion to reject - Motion to approve and set public hearing September 10, 1985 at 8 :00 P.M. - Motion to waive reading and -adopt Resolution No. 8102 (d) Consideration Of Federal Revenue Sharing Audit By Charles Bailly &.Co., Action - Motion to reject - Motion to approve audit (e) Consideration Of Party Wall Agreement Between City Of Hutchinson, And Hutchinson Technology Incorporated p Action - Motion to reject - Motion to approve and enter into agreement (f) Consideration of Final Plat And Subdivision Agreement for Hassan Heights (within Two Mile Radius) with favorable recommendation of Planning Commission • Action - Motion to reject - Motion to approve plat and authorize signing agreement 3 CITY COUNCIL AGENA - AUGUST 27, 1985 2 (g) Consideration of Vacation of Easement as Petitioned By Pat Spaude with favorable recommendation of Planning Commission Action Motion to reject - Motion to approve easement vacation - Motion to waive first reading of ordinance and set second reading September 10, 1985 (h) Consideration of Vacation of Street as Petitioned by Pure Culture Products with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve street vacation - Motion to waive first reading of ordinance and set second reading September 10, 1985 (i) Consideration of Variance Request Submitted by Gail Plaisance with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve variance - Motion to waive reading and adopt Resolution (j) Consideration of Preliminary and Final Plat of Shady Haven Proposed by Richard and Linda Martin with favorable recommendation of Planning • Commission with contingencies Action - Motion to reject - Motion to approve plat - Motion to waive reading and adopt Resolution (k) Consideration of Variance Request Submitted by Sumiko Nelson with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve variance - Motion to waive reading and adopt Resolution (1) Consideration of George Herbert Sketch Plan (within Two Mile Radius) with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve to County (m) Consideration of Conditional Use Permit for Retail Sales In B-1 Highway District (within Two Mile Radius) with No Objection from Planning Commission Action - Motion to reject - Motion to approve to County 10. Miscellaneous (a) Communications from City Administrator • 4 CITY COUNCIL AGENDA - AUGUST 279 1985 11. Claims, Appropriations and Contract Payments (a) Verified Claims - Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment L� 0 5 MINUTES BID OPENING MONDAY, AUGUST 12, 1985 The bid opening was called to order at 2:00 P.M. Present were: City Adminis- trator Gary D. Plotz, Parks S Recreation Director Bruce Ericson and Adminis- trative Secretary Marilyn Swanson. The reading of Publication No. 3443, Advertisement for Bids, City of Hutchin- son, Surfacing of Roberts Park Parking Lot, was dispensed with. The following bids were opened and read: Atkinson Blacktop, Inc. Litchfield, MN $239680.00 Wm. Mueller & Sons, Inc. Hamburg, MN 349320.00 Addendum: Oil content of bituminous mixture to be 6 - 6-1/2 percent. The bids were referred to the Parks and Recreation Department for review and a recommendation. There being no further business, the meeting adjourned at 2:05 P.M. 0 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 139 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Gary Galchutt. 3. MINUTES The minutes of the regular meeting of July 23, 1985, bid opening of August 2, 1985, and special meeting of August 6, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JULY 1985 ie 2. LIBRARY BOARD MINUTES DATED JULY 30, 1985 3. NURSING HOME BOARD MINUTES DATED JUNE 27, 1985 Mayor Stearns ordered the minutes to be filed. (b) CONSIDERATION OF APPLICATION FOR CIGARETTE LICENSE: 1. MIRIAM CHAPTER #27 - EASTERN STAR AT MCLEOD COUNTY FAIR 2. ERICKSON'S OIL PRODUCTS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the applications and issue licenses. Motion unanimously car- ried. (e) CONSIDERATION OF APPLICATION FOR RETAIL "OFF SALE" NON - INTOXICATING MALT LIQUORS LICENSE FOR ERICKSON'S OIL PRODUCTS Alderman Mikulecky moved to approve the application and issue license. The motion was seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF APPLICATION FOR "ON SALE" NON- INTOXICATING MALT LIQUORS LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION • It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to approve the application and issue license. Motion unanimously carried. 1 CITY COUNCIL MINUTES - AUGUST 13, 1985 (e) CONSIDERATION OF APPOINTMENT: 16 1. HRA - DON KRASEN (5 -YEAR TERM) 2. PARKS & RECREATION BOARD - BETSY CONNELLY (UNEXPIRED 1 -YEAR TERM) - G. BARRY ANDERSON (3 -YEAR TERM) - ROY JOHNSEN (3 -YEAR TERM) Alderman Torgerson moved to ratify the appointments. Motion seconded by Alderman Carls and carried unanimously. 5. PUBLIC HEARING - 8 :00 P.M. (a) "ON SALE" INTOXICATING LIQUOR LICENSE FOR DURWOOD L. AIRHART AT D.J. MAC'S, INC. Following discussion, the motion was made by Alderman Mlinar to close the hearing at 8 :02 P.M. Alderman Mikulecky seconded the motion, and it unanimously carried. Alderman Mlinar moved to approve and issue a liquor license to Durwood Airhart. The motion was seconded by Alderman Torgerson and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMANN PROPERTY City Attorney Schaefer reported a complaint had been signed against the Klockmann property and a court appearance will be scheduled. 2. GUTORMSON PROPERTY It was suggested by the City Attorney that the City obtain several bids to remove the building from private property and certify the cost to taxes. Alderman Mlinar moved to request three quotes be obtained by the City Attorney or City Administrator for removal of the building. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF REQUEST FOR SERGEANTS KIRCHOFF AND GREGOR TO ATTEND CRIMINAL JUSTICE SEMINAR AUGUST 26 -289 1985 The motion was made by Alderman Mlinar, seconded by Alderman Torger- son, to approve the request. Motion carried unanimously. (c) CONSIDERATION OF REQUEST TO RESTORE DRAIN SERVICE TO MAPLEWOOD ACADEMY 2 0 CITY COUNCIL MINUTES - AUGUST 13, 1985 City Engineer Priebe reported he had discussed the issue with the par- ties involved. After discussion, Alderman Carls moved to refer the request to the City Engineer for investigation and a report on the causes. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR TO ATTEND CASH MANAGEMENT COURSE SEPTEMBER 4 -5, 1985 Alderman Mikuleeky moved to approve the request. Motion seconded by Alderman Torgerson and carried unanimously. (e) COMMUNICATION FROM ALDERMAN PAT MIKULECKY CONCERNING CITY CHARTER Alderman Mikulecky referred to his memorandum concerning the City Charter. No action taken. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 12/85 - ORDINANCE AMENDING SECTION 1010 OF THE ORDINANCES OF THE CITY OF HUTCHINSON ENTITLED "ANIMALS AND BIRDS RUNNING AT LARGE" It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive the second reading and adopt Ordinance No. 720. Motion carried unan- imously. (b) RESOLUTION N0. 8087 - RESOLUTION FOR PURCHASE It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8087. Motion unanimously car- ried. (c) RESOLUTION N0. 8088 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA The motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 8088. Alderman Mlinar seconded the motion, and it car- ried unanimously. (d) RESOLUTION NO. 8098 - RESOLUTION OF THE MCLEOD COUNTY BOARD AND THE HUTCHINSON CITY COUNCIL CONCERNING COUNTY DITCH 18 Following discussion, Alderman Torgerson moved to table action until the August 27 Council meeting. Motion seconded by Alderman Carls and > unanimously carried. 8. UNFINISHED BUSINESS (a) REPORT BY KORNGIEBEL ARCHITECTS ON FIRE STATION HEATING SYSTEM (DEFERRED JULY 23, 1985) 3 CITY COUNCIL MINUTES - AUGUST 139 1985 Architect Korngiebel reported a back draft damper was incorrectly in- stalled and was causing the problem with the heating system in the fire station. RCM claimed the error was noticed in 1983, but it was not corrected at that time. The RCM firm will rewire the system within the next month, but they did not assume responsibility for the damage to the furnace. The warranty on the furnace is being investigated. (b) CONSIDERATION OF AWARDING BID FOR GVW TRUCK (DEFERRED AUGUST 2, 1985) After lengthy discussion on the specifications and awarding of bid for the GVW truck, it was moved by Alderman Carls to approve and award bid upon the recommendation of City staff for the Ford truck from Plowman's for the amount of $39,724.80. The motion failed for lack of a second. Following further discussion, the motion was made by Alderman Mlinar to approve the Plowman bid of $39x724.80 on a Ford truck. Alderman Miku- lecky seconded the motion, and it unanimously carried. Maintenance Operations Director Neumann requested authorization to sell a 1968 Chevy dump truck at the school district auction on August 14 for a minimum bid of $300 -500. It was the consensus of the Council to ap- prove the sale of the truck. (c) CONSIDERATION OF SIDEWALK REPLACEMENT ON EAST AND WEST PISB'NEY LANE City Engineer Priebe reported the original sidewalk in this area was installed by the developer, and it was located on private property due to the narrow street right -of -way. Four alternatives for sidewalk replacement were presented to the residents present at the meeting. After discussion, Alderman Torgerson moved to accept alternative No. 2 for sidewalk replacement in Meadow Park Addition. The motion was sec- onded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF ACCEPTING BID AND AWARDING CONTRACT FOR LETTING N0. 8, PROJECT N0. 85 -01 -33 AND N0. 85 -01 -35 The motion Was made by Alderman Carls, seconded by Alderman Torgerson, t to approve awarding the contract to Juul Contracting in the amount of $25,428.45 and to waive reading and adopt Resolution No. 8091. Motion unanimously carried. (e) CONSIDERATION OF AWARDING BID FOR SURFACING OF ROBERTS PARK (DEFERRED AUGUST 129 1985) It was moved by Alderman Carls to approve awarding the contract to Atkinson Blacktop for $23,680. Motion seconded by Alderman Mlinar and carried unanimously. 9. NEW BUSINESS 4 4 U • CITY COUNCIL MINUTES - AUGUST 139 1985 (a) CONSIDERATION OF SPLITTING EMPLOYEE BENEFITS FOR SEPTEMBER DAVIDSON AS REQUESTED BY BRA REA Chairman Paul Ackland requested the City to consider a 50/50 split of employee benefits for September Davidson who would be employed 20 hours by the Senior Center and 20 hours by BRA. Following extensive discussion, it was moved by Alderman Mlinar to approve the recommen- dation of HRA for employment of September Davidson until January 1, 1986 and reevaluate the situation at that time. Alderman Torgerson seconded the motion. The motion failed three to two with Aldermen Carls, Torgerson and Mikulecky voting nay and Alderman Mlinar and Mayor Stearns voting aye. (b) CONSIDERATION OF SURFACING BALANCE OF BRETZKE PARKING 'LOT TO REAR OF 45 LIBRARY SQUARE City Engineer Priebe reported on the project and recommended complet- ing the surfacing. It was moved by Alderman Mlinar to approve the sur- facing. Motion seconded by Alderman Torgerson and unanimously carried. (c) DISCUSSION OF SWIMMING POOL /GYMNASIUM /CIVIC ARENA PARKING LOT SURFACING AS PART OF 1986 IMPROVEMENT PROJECTS City Engineer Priebe ,stated this project was included with the 429 projects for 1986 under item 9-e. on the agenda. (d) CONSIDERATION OF FIVE YEAR STATE AID PROGRAM Following a report on the program by Engineer Priebe, it was moved by Alderman Carls to approve the program and waive reading and adopt Res- olution No. 8089. Alderman Mlinar seconded the motion, and it carried unanimously. (e) CONSIDERATION OF ORDERING PREPARATION OF ENGINEER'S REPORT ON IMPROVEMENT FOR ADDITIONAL 1986 PROJECTS After discussion, Alderman Torgerson moved to approve ordering an en- gineer's report and to waive reading and adopt Resolution No. 8090. The motion was seconded by Alderman Mikulecky and unanimously carried. (f) CONSIDERATION OF DEFERRED ASSESSMENT REARING FOR PROJECT N0. 83- 01 -04, LETTING NO. 1 (WALLER'S SECOND ADDITION) Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Torgerson, to approve assessment roll No. 206, to set a public hearing for September 10, 1985 at 8 :00 P.M., and to waive reading and adopt Resolutions No. 8096 and No. 8097. Motion carried unanimously. (g) CONSIDERATION OF DEFERRED ASSESSMENT HEARING FOR PROJECT NO. 14 -2 ? (ORCHARD PARK FIRST ADDITION - 1964) 5 CITY COUNCIL MINUTES - AUGUST 13, 1985 After discussion, it was moved by Alderman Torgerson, seconded by Ald- erman Mlinar, to approve assessment roll No. 24A, to set a public hearing for September 10, 1985 at 8 :00 P.M., and to Waive reading and adopt Resolutions No. 8094 and No. 8095. Motion unanimously carried. (h) CONSIDERATION OF ASSESSMENT REARING FOR 1984 PROJECT - CARLISLE STREET Following discussion, Alderman Carls moved to approve assessment roll No. 207, to set a public hearing for September 10, 1985 at 8 :00 P.M., and to waive reading and adopt Resolutions No. 8092 and No. 8093. Mo- tion seconded by Alderman Torgerson and carried unanimously. (i) CONSIDERATION OF CHANGE ORDER NO. 2 FOR RECREATIONAL FACILITY FROM KORNGIEBEL ARCHITECTS Architect John Korngiebel presented Change Order No. 2 for the recrea- tional facility. It was moved by Alderman Mlinar, seconded by Alder- man Torgerson, to approve Change Order No. 2 for the recreational fa- cility. Motion unanimously carried. (j) DISCUSSION OF CITY CHARTER AND APPOINTMENT OF CHARTER COMMISSION After discussion, the motion was made by Alderman Torgerson to instruct the City Attorney to prepare a Resolution asking the Judge of District • Court to appoint a Charter Commission. Motion seconded by Alderman Mliinar and carried four to one, with Alderman Mikulecky voting nay. (k) DISCUSSION OF CODIFICATION OF CITY ORDINANCE BOOK Following discussion, Alderman Mlinar moved to table discussion for the budget preparation meetings. Motion seconded by Alderman Mikuecky and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the following items had been sub- mitted late for the agenda: 1. STREET LIGHT BEQUEST BY ROLLING GREENS TOWNHOUSE ASSOCIATION After discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Torgerson, to refer the request to the Utilities Commission. Motion carried unanimously. 2. APPLICATION FOR INTOXICATING LIQUOR LICENSE BY KEVIN LAMSON FOR T.L. SCALAWAGS AND HUTCH BOWL Following discussion, Alderman Mlinar moved to set a public hearing on August 27, 1985 at 8 :00 P.M. Alderman Torgerson seconded the R CITY COUNCIL MINUTES - AUGUST 13, 1985 4 motion, and it unanimously carried. 3. REQUEST FOR TRANSIENT MERCHANTS LICENSE ON SEPTEMBER 6-79 1985 BY DWAYNE KNIGGE After discussion, it was moved by Alderman Carls, seconded by Ald- erman Torgerson, to approve and issue the license. Motion carried unanimously. 4. INDEMNITY AGREEMENT BETWEEN CITY OF HUTCHINSON AND CHRIS KADELBACH City Administrator Plotz explained the purpose of the agreement. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to accept and enter into the agreement. Motion unanimously carried. 5. APPLICATION FOR `ON SALE" NON- D=ICATING MALT LIQUORS LICENSE FOR JAYCEES It was moved by Alderman Carls to approve and issue the license. The motion was seconded by Alderman Mlinar and unanimously carried. 6. SCHEDULING OF SEPTEMBER CITY COUNCIL BORSSHOP City Administrator Plotz presented suggested topics to be covered at the September Council workshop. It was the consensus of the Council to establish the date of September 11, 1985 at 7:00 P -M., Fire Hall conference room, for the workshop. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired when the street overlay project would be com- pleted. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky asked about the completion date for the Wigen and Plowman parking lots. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson questioned when the street behind the library would be surfaced. (e) COMMUNICATIONS FROM PERSONNEL COORDINATOR HAZEL SITZ Coordinator Sitz inquired if the City wished to offer free bus service to the McLeod County Fair as in the past. After discussion, it was moved by Alderman Mikulecky to approve free transportation to and from the Fair at specified times. Motion seconded by Alderman Mlinar and carried unanimously. 7 CITY COUNCIL MINUTES - AUGUST 13, 1985 (f) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS Mayor Stearns asked about the status of the Dennis Albertson annexa- tion. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the claims and authorize payment from the approprite funds. The motion carried, with Alderman Mikulecky voting nay on John Bern - hagen's payment. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:40 P.M. 0 3 C '� - et, 611-4 jJULY CITY OF HUTCHINSON FINANCIAL REPORT - 19B5 JULY iREVENUE REPORT - GENERAL FUND JULY" YEAR TO ADOPTED BALANCE PERCENTAGE ACTUAL DATE ACTUAL BUDGET REMAINING USED (TAXES 1137.83 507462.24 1233985.00 726522.76 0.41 LICENSES 86.00 9381.00 17000.00 7619.00 0.55 PERMITS AND FEES 6831.63 46218.74 45700.00 - 518.74 1.01 INTER- GOVERNMENT REVENUE 202521.25 222659.61 9033321.00 660661.39 0.25 CHARGES FOR SERVICES 27454.29 186896.94 374345.00 187448.06 0.50 FINES & FORFEITS 1770.00 16259.56 23000.00 6740.44 0.71 MISCELLANEOUS REVENUE 10507.67 102528.76 182384.00 79655.24 0.56 CONTRIBUTIONS FROM OTHER FUNDS 0.00 150000.00 479000.00 329000.00 0.31 REVENUE FOR OTHER AGENCIES 386.72 508.83 300.00 - 208.83 1.70 TOTAL 250695.39 1241915.68 3259035.00 2017119.32 0.38 EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL -- 1617.32 19966.84 27960.00 7993.16 0.71 CITY ADM. /CITY CLERK 8206.72 71521.41 124809.00 53287.59 0.57 ELECTIONS 0.00 0.00 9346.00 9346.00 0.00 FINANCE 21616.13 117464.75 188659.00 71194.25 0.62 . MOTOR VEHICLE ASSESSING 4947.10 0.00 37248.57 0.00 66276.00 19672.00 29027.43 19672.00 0.56 0.00 LEGAL 4148.67 21543.72 41618.00 20074.28 0.52 PLANNING 0.00 2860.12 26475.00 23614.88 0.11 CITY HALL 2472.61 19889.87 41151.00 21261.13 0.48 POLICE DEPARTMENT 68136.66 397131.40 701951.00 304819.60 0.57 FIRE DEPARTMENT 2945.75 36264.50 109936.00 71673.50 0.35 COMMUNITY SERVICE OFFICER 2339.19 17191.23 34228.00 17036.77 0.50 PROTECTIVE INSPECTIONS 4269.86 41219.47 74279.00 33059.53 0.55 CIVIL DEFENSE 18.00 223.40 1175.00 951.60 0.19 SAFETY COUNCIL 0.00 0.00 150.00 150.00 0.00 FIRE MARSHALL 2555.10 21108.18 39576.00 18467.82 0.53 ENGINEERING 11796.21 99820.41 166649.00 68828.59 0.59 STREETS & ALLEYS 27068.54 1733571.21 356499.00 182927.79 0.49 STREET MAINTENANCE A/C 10861.76 41496.23 66825.00 27328.77 0.60 LIBRARY 1381.65 50163.01 62314.00 12150.99 0.81 SENIOR CITIZEN CENTER 6336.95 30805.61 37683.00 6877.39 0.82 ;PARK /REC. ADMIN. 9416.48 31992.13 76353.00 44360.87 0.42 RECREATION 15403.57 65979.14 98204.00 32224.86 0.67 CIVIC ARENA 4916.03 63982.54 113192.00 49209.46 0.57 PARK DEPARTMENT 26930.52 183157.42 342028.00 156870.58 0.54 RECREATION BUILDING 0.00 0.00 13728.00 13728.00 0.00 CEMETERY 1305.60 20331.22 41036.00 20704.78 0.50 COMMUNITY DEVELOPMENT 3026.38 15503.09 32550.00 17046.91 0.48 LANCON 1658.31 58310.80 17125.00 - 41185.80 3.41 DEBT SERVICE 0.00 38946.10 45946.00 6999.90 0.85 AIRPORT 6193.03 40602.16 60925.00 20322.84 0.67 TRANSIT 4897.53 40528.73 61625.00 41096.27 0.50 UNALLOCATED 39528.30 "185246.13 135090.00 - 50156.13 1.37 TOTAL 293995.97 1946069.339 3259035.00 1312965.61 0.60 '� - et, 611-4 JULY CITY OF HUTCHINSON FINANCIAL REPORT - 1985 JULY ENTERPRISE FUNDS REVENUE REPORT - LIQUOR FUND JULY YEAR TO ADOPTED BALANCE PERCENTAGE ACTUAL DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 30896.77 206562.81 410000.00 2013437.19 0.50 WINE SALES 13060.76 66166.54 125000.00 56831.46 0.55 BEER SALES 71982.42 368121.94 590000.00 221878.06 0.62 BEER DEPOSITS - 430.07 - 917.54 0.00 917.54 MISC. SALES 3903.03 17378.96 0.00 - 1737B.96 INTEREST 727.20 3034.56 CASH DISCOUNTS - 404.09 - 1246.34 0.00 1246.34 TOTAL 119736.02 661102.93 1125000.00 463897.07 0.59 D EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 9420.40 77751.73 132154.00 54402.27 0.59 r.. • SUPPLIES, REPAIR & MAINTENANCE 289.34 2218.77 4700.00 2481.23 0.47 OTHER SERVICES & CHARGES 1078.94 7724.38 29000.00 21275.62 0.27 MISCELLANEOUS 200.00 527.00 9050.00 8523.00 0.06 CAPITAL OUTLAY 0.00 4058.39 13700.00 9641.61 0.00 DEBT SERVICE 0.00 0.00 5110.00 5110.00 0.00 TRANSFERS 0.00 0.00 110000.00 110000.00 0.00 COST OF SALES 94034.11 513634.59 831050.00 317415.41 0.62 OTHER 0.00 9490.00 9490.00 0.00 �. TOTAL 105022.79 605914.86 1144254.00 538339.14 0.53 C REVENUE REPORT - WATER SEWER /FUND L FEDERAL GRANTS 2619.00 5826.00 0.00 - 5626.00 0.00 WATER SALES 36445.75 245616.88 460000.00 214383.12 0.53 WATER METER SALES 505.00 3355.00 5000.00 1645.00 0.67 C. REFUSE SERVICES 18793.81 148522.11 236000.00 87477.89 0.63 _. SEWER SERVICES 42784.62 321983.78 615000.00 293016.22 0.52 EPA SALES 27496.84 PENALTY CHARGES 563.42 4259.33 6300.00 2040.67 0.00 INTEREST EARNED 123.25 11949.15 28000.00 16050.85 0.43 REFUNDS & REIMBURSEMENTS 0.00 810.26 2000.00 1169.74 0.00 OTHER 194.22 1376.82 2500.00 1123.18 0.55 TOTAL 129525.91 771196.17 1354800.00 583603.83 0.57 L_ EXPENSE REPORT - WATER SEWER /FUND L- OPERATIONS 21593.25 151350.58 238000.00 86649.42 0.64 WATER 13757.06 361521.74 1068926.00 707406.26 0.34 �. SEWER 62548.42 602296.54 630142.00 27845.46 0.96 TOTAL 97898.73 1115168.86 1937070.00 821901.14 0.58 Minutes Hutchinson Planning Commission Tuesday, July 16, 1985 1. CALL TO ORDER The meeting was called to order by Chairman Roland Ebent at 7:30 p.m., with the following members present: Marlin Torgerson, Don Erickson, Shu -Mei Hwang, Larry Romo, Thomas Lyke and Chairman Ebent. Members absent: Elsa Young. Also present: Director of Engineering Marlow Priebe and City Attorney James H. Schaefer. 2. MINUTES The minutes of the regular meeting dated Tuesday, June 18, 1985, were approved as presented on a motion by Mr. Erickson. Seconded by Mr. Romo, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY GLEN AND ROXANNE SLADEK Chairman Ebent opened the hearing at 7:30 p.m. with the reading of publication #3431 as published in the Hutchinson Leader on Thursday, July 4, 1985. The request is for a con itional use permit to allow the construction of a 16' by 18' addition to an existing nonconforming garage on property located at 422 Jefferson St. South. Mr. and Mrs. Saldek were present to explain that they needed the additional space for storage. They had spoken to the neighbors who had no objection. Mr. Romo noted that he had no objection to the request, but was concerned about how large the whole structure would be. Director Priebe responded that it met square footage requirements. Mr. Erickson made a motion to close the hearing at 7:35 p.m. Seconded by Mr. Torgerson, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the request as submitted. Seconded by Mr. Romo, the motion carried unanimously. (b) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY GLEN AND ROXANN SLADEK Chairman Ebent opened the hearing at 7:35 p.m. with the reading of publication #3430 as published in the Hutchinson Leader on Thursday, July 4, 1985. The request is for a variance to allow a 16' by 18' addition to an existing garage located 3'7" from the sideyard property line on property located at 422 Jefferson St. • South. Mr. Romo made a motion to close the hearing at 7:37 p.m. Seconded by Mr. Erickson, the motion carried unanimously. Mr. Romo made a PLANNING COMMISSION MINUTES /JULY 16, 1985 motion to recommend to City Council approval of the variance'as requested. Seconded by Mr. Torgerson, the motion carried unanimously. (c) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY ERICKSON OIL PRODUCTS, INC. Chairman Ebent opened the hearing at 7:37 p.m. with the reading of publication #3432 as published in the Hutchinson Leader on Thursday, July 4, 1985. The request is for a variance to allow the construction of an Erickson Station Store 15' from the sideyard property line on property located at 11 Fourth Ave. N.E. Mr. David Erickson of Erickson Oil Products, was present to explain the request. He stated that moving the building closer to the sideyard line would make the site more useable. It would allow for better movement of traffic as well as make room for a wider driveway for the property owner to the rear. (Note: Erickson's has already applied for a variance to reduce the rearyard setback, which has been recommended for approval by the Planning Commission, and which has been tabled by the City Council until the Ericksons can reach an agreement with the property owners to the rear of the Erickson station regarding access to their properties.) Mr. David Erickson went on to explain that as of July 16, 1985, the agreements had been secured with those property owners. He would provide documentation of those agree- ments to the City Council at the July 23 meeting. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Romo, the motion carried unanimously. Mr. Romo made a motion to recommend approval of the variance as requested, subject to evidence of conveyance and easement documentation being provided to the City Council. Seconded by Mr. Torgerson, the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY HUTCH AGRI -TECH Chairman Ebent opened the hearing at 7:45 p.m. with the reading of publication #3433 as published in the Hutchinson Leader on Thursday, July 4, 1985. The request is for a conditional use permit to allow the construction of a 48' by 65' and 12' by 60' addition to their building located at 15 Monroe Street, which is located in an IC -1 zone. It was noted that a similar request had been approved previously, but that Hutch Agri -Tech had changed the plans, so a new conditional use permit was required. There was no one present regarding the request. Director Priebe stated his concern that there was no formal response on the request from the DNR. Mr. Erickson made a motion to close the hearing. Seconded by Mr. Torgerson the motion carried unanimously. Mr. Erickson made a motion to recommend approval of the conditional use permit as Pa It s 0 PLANNING COMMISSION MINUTESIJULY 16, 1985 requested contingent upon approval by the DNR. Seconded by Dr. Lyke, the motion carried unanimously. 4. OLD BUSINESS (a) REVIEW OF SECTIONS 2, 3 AND 4 SUBDIVISION ORDINANCE #466 The Planning Commission reviewed Sections 2, 3 and 4 of Subdivision Ordinance #466 and discussed various changes as recommended by Director Priebe. Action will be taken after all of the ordinance is reviewed. Section 5 will be reviewed at the August 20 meeting. 5. NEW BUSINESS (a) CONSIDERATION OF PROPOSED ANNEXATION OF BOLDT, KADELBACH, SATTERLEE AND SCHIMMEL PROPERTIES Director Priebe explained that the City had purchased the Boldt and Kadeibach properties to allow for the construction of the wastewater treatment plant, and that that property would now have to be annexed. The City already owns the Satterlee pit area. A portion of the Schimmel property was landlocked by the sale and should also be annexed. Mr. Melvin Kobow and Mr. Leon Nelson of the Hassan Valley Town Board were present to ask questions about the annexation. They expressed concern about the annexed area becoming an "industrial park" and wondered if the City had any specific plans for such. Director Priebe explained that in their long range planning, it was the hope of the City to have this area available for industrial development, but that there were no specific plans at this time. After discussion, Mr. Torgerson made a motion to recommend to City Council approval of the annexation as proposed. Seconded by Mr. Hwang, the motion carried unanimously. 6. ADJOURNMENT There being no further business, Mr. Hwang made a motion to adjourn the meeting. The meeting was adjourned at 8:50 p.m. C] BURNS MANOR MUNICIPAL NURSING HOME Minutes - July - 1985 The Board of Directors for Burns Manor Municipal Nursing Home met Thursday, July 25, 1985 at Burns Manor, 12:00 noon, President Leslie Linder presiding. Members present: Les Linder Gloria Dansereau Esther Kuehl Keith Duehn David Jensen Mavis Geier Members absent: Mike Carls Eldred Miller Larry Graf The meeting was called to order by President Leslie Linder. MINUTES OF PAST MEETING: A motion was made by Esther Kuehl and seconded by Gloria Dansereau to approve the minutes, with the correction of Cindy Thompson's name instead of Robin Erickson under the Home Health Care topic. All were in favor. Motion carried. ACCOUNTS PAYABLE: A motion was made by Keith Duehn and seconded by Esther Kuehl to approve for payment the attached listing of accounts payable and cash disbursements in the amount of $34,349.97, plus $77.00 to Airtex. All were in favor. Motion carried. FINANCIAL REPORT: The financial report was given by David Jensen. OLD BUSINESS: A. Pay Equity: The first phase of the study was completed July 19, 1985 and submitted to Health Inquiry Inc. Material pre - pared by Bonnie Watkins will be discussed at the September meeting to ascertain that Burns Manor is fulfilling the intent of the law by submitting the study as a separate entity in the City. B. Employee Policy: Death & Funeral leave. The present policy states: up to two (2) days paid time will be granted in the death of a relative (mother, father, grandmother, grandfather, - mother -in -law, father -in -law, sister, brother, sister -in -law, and brother -in -law, the addition of step- mother, step- father and step- children has been requested. Discussion followed. • A motion was made by Keith Duehn and seconded by Esther Kuehl that Death & Funeral leave policy be: Scheduled paid time will be granted in the event of a death of a relative, as follows; July Minutes Page 2 Mother - 2 days Sister -in -law - 1 day Father - 2 days Brother -in -law - 1 day Sister - 2 days Step- mother - 1 day Brother - 2 days Step- father - 1 day Grandmother - 1 day Step -Child - 1 day Grandfather - 1 day All were in favor. Motion carried. C. Discipline Guide: A motion was made by Keith Duehn and seconded by Gloria Dansereau to clarify some terminology of the Discipline Guide per attached sheet. All were in favor. Motion carried. D. Equal Rate: The State of Minnesota, Department of Human Services Instructional Bulletin #85 -65, July 10, 1985 was distributed, read and discussed. Jim Schaefer, City Attorney will be requested to suggest procedures to comply with the requirements of the statute. NEW BUSINESS: A. Remodeling: Remodeling of Burns Manor was discussed. Bill Fahey, Bond Consultant, will attend the August meeting. B. Air Conditioners: A motion was made by Keith Duehn and seconded by Gloria Dansereau to air condition two rooms in the Medicare Section. The air conditioned rooms will be for the resident whose medical condition warrants the need. C. Life Safety Code: July 18, 1985, David Keepers, State of Minnesota Fire Inspector and George Field, City of Hutchinson Fire Marshall inspected Burns Manor. The basement supply room does not meet minimum requirement accordance with NFPA #13. A window or sprinkler system in the area would meet the requirements. After written notification is received the matter will be brought before the board. D. Resident Satisfaction Forms: The need for air conditioning was suggested as an improvement of Burns Manor. There being no further business, a motion was made by Keith Duehn to adjourn the meeting. The Burns Manor Board of Directors will meet Thursday August 22, 1985 at 12:00 noon, in the basement at Burns Manor Municipal Nursing Home. • ATTEST: Leslie B. Linder. President Re p ctfully./Obmitttil�__' Ma is y, ecretary 0 DISCIPLINE GUIDE: Revised: Change from: 1. Poor job performance; abuse of sick or personal leave to: 1. Poor job performance: Failure to follow established pattern and procedure. Failure to execute task and duties. 2. Insubordination (abuse of supervisor, abusive or threaten- ing language to: 2. Abuse of supervisors; abusive or threatening language . Swearing. 3. Immoral behavior to: 3. Abuse of sick or personal leave. 4. Using liquor, narcotics or nonprescription drugs on premises to: 4. Using liquor, narcotics or nonprescription drugs on premises. Counseling may be suggested. 8. Dishonesty to: 8. 18. Dishonesty - to lie, steal or deceive in any way. Not suited for the job. (Added to current manual) 19. Violation of safety rules to: 19. Violation of safety rules (clogs and opentoed sandals are not considered safe footwear). Warning slips will be given and signed by employee to: Warning slips will be given and shall be signed by employee. Philosophy to MISSION Also added will be an index. 0 MINUTES Parks b Recreation Board Wednesday, July 10, 1985 61ernbers Present: Lyle Block, chairman; Kathy McGraw; Pat Mikuiecky; Roger Haggenmiller; Roy Johnsen Members Absent: Ward Haugen Also present were Bruce Ericson, John McRaith, Mary Haugen, Ray Wurscher 6 Kris Hoikka Guests: Bruce Rosenow, Lee Cox (Baseball Association); Jerry Binsfeld, Scot Davis, Neil Wegner 6 other members of the Hutch Wrestling Club. Minutes The minutes dated June 12, 1985 were approved by a motion made by Roy Johnsen and seconded by Kaathy McGraw. The board unanimously agreed. Hutch Open Concessions Members of the Hutch Wrestling Club expressed concern over the concession situation during the Hutch Open. They felt that not all of the customers were being served, and that the HWC should receive some of the profit from concessions or pay a fee and receive all of the profits. Mary said it is the policy that the civic arena runs the concession stand for the events held there. He also said that they don't have enough equipment to handle any Whore people than they do now, no matter how many more workers are added. Since the Hutch Open is the largest tournament of its kind in the area, the HWC feels they should be making more money with this fund - raiser, or possibly hold it somewhere else. Kathy McGraw made a motion that the Hutch Wrestling Club be allowed to operate an additional concession stand in the west end of the arena. This would be on a one -year trial basis only. Each stand would sell different items, except possibly pop, which must be the same size and price. Pat Mikulecky seconded the motion and the board unanimously agreed. Bruce will get in touch with Jerry Binsfeld to work with Marv. Tartan Park Field Renovation Bruce distributed a drawing showing the relation of the proposed field to the present one. The new arrnagement would make the sun less of a problem and provide more room for parking and seating. The new field could be used by the Travelers, High School, VFW, and Legion teams. He also handed out a proposal that listed the items that had to be done to renovate Tartan Park. It included approximate dates, costs, man hours, and notes. Bruce asked for a recommendation for a committment including: removing outfield grass, drain tile, sod infield, sod outfield, fencing and dugouts at a cost of approximately $15,000. A motion was made by Roger Haggenmiller to recommend to the City Council to appropriate $2500 for renovation this year, which would include removing outfield grass, drain tile, sod infield, and sod outfield. It was seconded by Roy Johnsen, and the board unanimously agreed. Bruce said some funds were already available for infield work and some could be transferred from the funds for playground equipment. It was noted that a grant was going to be applied for, and that some of the labor could be done V Minutes Parks 3 Recreation Board July 109 1985 Page two by volunteers from the Baseball Association. Lights, grandstand and concessions would possibly be added at a later date. Recreation Facility Construction on block layers is a little behind schedule and digging for the pool will begin soon. A minor change is that the concession door will swing up and the counter will be narrower. John said that they have the money for flooring but are 325,000 short for basketball standards and volleyball nets. Trash Containers and Benches Junker is taking away the city's dumpsters. Bruce suggested that containers with bags in them should be boughts which would help with disposal. Eight would be Beaded for Library Square. Ideas are to buy 22 gallon containers like at Rockite for $94 each or to make some like at Citizen's Bank. The board is to let Bruce know by Friday. July 12 which style they prefer. There is about $1500 available for benches. Some money budgeted for picnic tables and grills could also be used. The consensus was to have eight Victorian style benches in Library Square. Mosquito Spraying it There is the possibility of doing other towns, but make sure that the rate is high I enough to cover chemicals, labor, and machine wear and tear. No requests have been made yet. Some outdoor skating rinks aren't used very much. This will be discussed again at the next meeting. Mary said that they are doing a lot of maintenance work at the Civic Arena this summer. John said that the summer programs are going well. Don Falconer passed away last month. A motion was made by Pat Mikulecky to plant a tree for him in Memorial Park. It was seconded by Roy Johnsen, and the board agreed. Due to Don's death, there is a position available on the Parks and Recreation Board. Some names mentioned were Ralph Johnson, Dave Mooney, and Barry Anderson. Bruce will put an ad in the paper. The board received a list of ideas for the 1936 Budget. They will be discussed at a later date. The meeting was adjourned by a motion made by Roger Haggenmiller and seconded by Pat Mikulecky at 7:55 pm. The board unanimously agreed. 0 MINUTES Tree Board July 2, 1985 Members Present: Roy Johnsen, Jerry Brown, Ivan Larson and Pat Mikulecky. Also present were Mark Schnobrich and Karen McKay. Guest present: Sheldon Danielson representing Source Technology Biologicals, Incorporated. The meeting was called to order at 5:00 p.m. Landscaping Library Square Mark Schnobrich, City Forester has been asked to do the landscaping in Library Square. The Parks and Recreation and the Library Boards will be making recom- mendations. Two branches of the Aid Association for Lutherans will be able to provide $2,500 and 10 volunteers to help Mark with the project. Mark and Jerry Brown will be drawing up a master plan for the park. Source Technology Biologicals, Incorporated Sheldon Danielson of Source Technology Biologicals, Incorporated was introduced to the board. They have been in business since 1980 and are a Minnesota based company near the Twin Cities. Their chemical, Phyton -27 is a treatment used • after the elm trees have already become diseased. It is less expensive and easier to apply to trees than Arbotect. Mark is asking them if they would consider Hutchinson as a demo site and provide some of the equipment needed in addition to the chemical to treat some of the elm population. Mr. Danielson told the board that the materials for a 24" tree is approximately $30. They did a test site in some midwest army bases, and "almost all the trees treated are in good condition now ". A discussion followed the presentation. The board agreed that using the Phyton- 27 would be cheaper than Arbotect. They felt it was worth a try. Mark.is going to be contacting Mr. Danielson to make the arrangements for inject- ing some of the elm trees in Hutchinson. Miscellaneous Mark has sent out over 70 weed notices to property owners with grass over eight inches high. Adjournment The meeting was adjourned at 6:15 p.m. by a motion made by Ivan Larson and second- ed by Roy Johnsen. The board unanimously agreed. 0 klm HUTCHINSON COMMUNITY HOSPITAL REGULAR BOARD OF DIRECTORS MEETING - July 16, 1985 Large Conference Room - 5:30 PM Present: Rev. Thor Skeie, President; Rolly Balke, Secretary; Robert Durfee, Trustee; Dori Johnson, Trustee; Mike Carls, Trustee Absent: Joan Ewald, Vice President; Dr. William O'Brien, Chief of Staff (both excused) The meeting was called to order at 5:45 PM by President Skeie. Minutes of Past Meetings. The minutes of the joint meeting with the Burns Manor board and the regular board of directors meeting were presented. Following discussion: Motion was made by Balke, seconded by Johnson, to approve the minutes of the June 18 joint board meeting with Burns Manor Nursing Home board of directors and the June 18 regular board of directors meeting as presented. All were in favor. Motion carried. • Medical Staff Meeting Minutes. Medical staff meeting minutes were presented. Question was raised about the backup coverage for Dr. Remucal, citing confusion regarding a surgical replacement for Dr. Remucal. Graves explained that a misunderstanding had occurred between the backup surgeon and the physician on call, and a surgeon from Litchfield was called in his place. Graves informed the board that the Medical Center will be interviewing a surgeon on July 19th who approached them about his interest in practicing in Hutchinson. Graves also discussed his recent conversation with Dr. Michael Paparella and told the board of his scheduled meeting with Dr. Paparella to discuss equipment needed in order to resume ENT surgery at the hospital. The board was also informed that Or. Nissen, a family practitioner from Alexandria, will be joining the Medical Center soon. Another family practitioner has expressed an interest in working at Hutchinson for a period of one year, and that option is presently being explored. Old Business A. Capital Financing. The board discussed the requests for bid that recently were sent to and received back from the four local banks and two firms in Minneapolis for financing of capital expenditures. Citizens Bank of Hutchinson came in with the lowest bid of 8.37% on $311,000, and a quote of 8.5% on $200,000 (should the hospital decide not to purchase the full $311,000 of equipment). Graves recommended that the board choose this method of financing and utilize the services of Citizens Bank of Hutchinson. Following discussion: . Motion was made by Johnson, seconded by Durfee, to accept the bid from Citizens Bank & Trust Co. of Hutchinson for capital financing, with the amount to be financed yet to be determined by the hospital and Citizens Bank at a later date. All were in favor. Motion carried. Regular Board of Directors Meeting - 7/16/85 Page Two B. PHP. Graves notified the board that the hospital has signed a contract wTth Physician's Health Plan (PHP) through December 31, 1986, which will give the hospital reimbursement of billed charges up until that time. He noted that the Medicare portion of the contract may have to be renegotiated, due to federal changes in the Medicare program, and he foresaw no problems with that. There was also mention made of the termination clause in the contract whereby either party can terminate, and the board understood that PHP may elect to terminate the contract in order to negotiate reimbursement of charges from the full reimbursement our hospital will receive down to a percentage of billed charges, as they usually reimburse hospitals. New Business A. PRO Contract. The proposed contract with the Professional Review Organization PRO in the area was presented and discussed. This contract is required by the federal government in order for the hospital to receive Medicare funds. Following discussion: Motion was made by Balke, seconded by Carls, to approve the PRO contract as presented. All were in favor. Motion carried. B. Grant. Graves presented a copy of the letter recently received from the State of Minnesota regarding approval of the hospital's grant application for funding of a program for resistant alcoholics. He reviewed the discussion with the project officer to discuss concerns expressed in the letter. Buildings suitable for the program are being looked at in both Hutchinson and Glencoe. Tom Olson, Program Director for the Mental Health Unit, recently spoke to the county board of commissioners about our interest in running this program, and their response was favorable. It is estimated that there are 12 -15 people in the county presently who are in need of this service. The board will be kept informed of any further progress. C. St. Paul Malpractice Renewal. The board was informed of the renewal of the hospital's malpractice insurance contract with St. Paul Fire 8 Marine at a cost of approximately $36,000. The other bid received for coverage was for $72,000 and was not accepted. D. Second Quarter Objective Status Report. Copies of the second quarter objective status report on institutional objectives were distributed. Each objective was discussed by the board, and no unusual comments were made. E. lanning for Fiscal Year 1986. The hospital will begin planning for fiscal year 1986 soon, and budget panning will begin in August. It was suggested that the board meet, either for an entire weekend day or for a few nights during the week, to discuss future plans. No date was set for this meeting, and further discussion will take place at the next board meeting. F. Other 1. Fit City. The board discussed an employee wellness program being considered on a city -wide level. Bill Nelson, a native of Hutchinson, is currently involved in corporate wellness programs in Minneapolis and wants to use Regular Board of Directors Meeting - 7/16/85 Page Three (F. 1.) Hutchinson as a prototype for a city -wide wellness program he is f' developing. The hospital had been approached for endorsement, but concern was expressed regarding the concept, which was termed "Amway- like" by a representative of Nelson's. There would be a charge of $50 per person, but the person's employer may be asked to cover this charge for their employees. The board will be kept informed of further information received on this program. 2. Greencastle. Johnson distributed copies of a new brochure telling the public about the Greencastle condominium project proposed to be built on property east of the hospital grounds. 3. Channel 6 Programming. Copies of a brochure regarding programming of patient education films were distributed to the group. This brochure will be given to patients upon admission so that they are aware of the educational offerings. It was suggested that the ministerial services be added to the schedule in the brochure so that patients are made aware of these, as well. Statistical Report. The report was presented. Admissions were down significantly rpm the previous month, and percentage of occupancy for the month was 30 %. Outpatient statistics also have decreased compared to the previous month. Accounts Payable. Motion was made by Durfee, seconded by Johnson, to approve for purchase the attached listing of accounts payable and cash disbursements in the amount of $423,204.64. All were in favor. Motion carried. Financial Statements. The hospital lost $17,000 during the month of June after funding price eve depreciation and working capital requirements. Money was made on operations; however, after subtracting these other allocated items, a loss was taken. It was noted that the hospital is within $316 of statistics from the same six -month period last year. Departmental Reports A. Director of Mental Health Unit. The report was presented. No unusual comments were made. B. Director of Nursing Services. The report was presented. No unusual comments were made. C. Education Coordinator. The report was presented. No unusual comments were made. D. Dietitian. The report was presented. No unusual comments were made. Patient Satisfaction Surveys. Surveys received since the last board meeting were reviewed. No unusual comments were made. Other A. DRG Audit. at the June . to review o made in our program for properly. Question was asked regarding the date of the DRG audit discussed board meeting. The firm is scheduled to come in on September 16 jr diagnoses to determine whether or not any changes should be system to maximize reimbursement. This should be an educational the hospital, showing our coders and physicians how to code Regular Board of Directors Meeting - 7/16/85 Page Four Adjournment. The meeting was adjourned at 8:05 PM by President Skeie, and those present proceeded to the OB department to view the remodeling work completed thus far on the project. Respectfully submitted, Laurie Hulkonen Rolly Balke Recording Secretary Secretary LH • 0 t� CU F40U PERIOD For Seven Months Ended July 31, 1985 ACTLpA, BUDGEr `7ARIJVCE PAT33W REVENUE Daily Hospital Service $1069529 $1509447 $(439918) Medical Nursing Units 329141 219510 (1096313 Mental Health Unit 2790436 2439809 35,621 Ancillary $4189106 $415,766 $ 2,340 8,867 (17,152) 26,019 $4269973 $3989614 $28,359 15,612 99519 6,093 $442,585 $408,133 $34,452 $2299962 $2259213 $ 49749 4Q,242 39,410 832 356 18,830 109526 517 6,448 69 .09693 99219 19474 48,699 389135 109564 169806 17,600 (794) 59685 79742 (29057) 19575 1,455 120 49875 4,970 (95) 19450 19483 (33) 161,206 199282 (39076) 2,072 11,600 (9,528) $8659374 $191249362 $(2589988) 2519413 2119835 399578 1,7889002 1,825,694 (37,692) Gross Patient Revenue $2,904,789 $3,1619891 $(257,102) Less: Discounts & Allowances 91,748 (120,063) 1299811 (21078) 68,338 829818 Net Patient Revenue $29914,537 $3,0419828 $(1279291) • •. Total Operating Revenue Salaries Employee Benefits Medical & Other Fees Raw Fbod Drugs Medical & Other Supplies Utilities Building & Sluipment Aepairs Rental Expense Insurance Interest Depreciation Other Expenses 859025 66,504 189521 $2,999,562 $3,1089332 $(1089770) $195629895' $196449685 $(81,790) 2775978 2949157 (169179) 1599565 1299812 299753 519117 53,195 (21078) 68,338 829818 (149480) 2919812 284,755 79057 1149810 1239219 (89409) 319203 469671 (15,468) 109652 149250 (39598) 329406 329521 (115) 10,583 109381 202 1209957 1349973 (14,016) 411,431 832680 (42,249) $4149138 $401,387 $129751 Total Operating EKpense $297739747 $29935,117 $(1619370) 289447 69746 219701 Operating Ltxme 2259815 173,215 529600 Add (Deduct) Non - Operating . Revenue Ubpanse) $(20,812) $(20,812) - -- Price -Level Depreciation $(145,684) $(145,684) - -- And Working Capital $_7,635 $(149066) $219701 J Excess Revenues over Expenses $809131 $27,531 $52,600 APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE 6 FEE $5.00* 1. Name of Applicant Woodrow Wright Address 2. Organization Address Rt. 2, Hutchinson, MN 55350 McLeod County Historical Society 3. Place to be Held b Time 4. Band Already Booked 5. Name of Band Civic Arena - 8:00 to 11:30 P.M. 6. Have you run dances in Hutchinson before? _)�e Elsewhere? __21,CL- 7. Date Dance to be Held: Saturday, September 28, 1985 8. I understand that according to Minnesota Statutes, Ch. 624, Sec. 624.50: "OFFICER MUST ATTEND ALL PUBLIC DANCES. It shall be incumbent upon the person to whom such permit is issued to have an officer of the law present at every public dance to be given or held thereunder dur- ing all the time the public dance is being held. In the case of a pub- lic dance to be held or given in a city, village, or borough, such offi- cer of the law shall be designated by the chief peace officer thereof. In all other cases such officer of the law shall be designated by the sheriff of the county. In all cases the fees and expenses of such offi- cer of:!the law shall be paid in advance by the person to whom the permit has been issued. In case any person, not a public officer, shall be designated as such officer of the law, the person to whom the permit has been issued shall be responsible for his acts and conduct and there shall be no liability for his acts and conduct on the part of the officer desig- nating him under the provisions of Section 624.42 to 624.54. Signature of Applicant 9. Recommendation of Chief of Police 10. Action of City Council 0 11. Fees and Expenses of Officer*y,� *(Payable in Advance) APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE FEE $5.00* Name of Applicant . L, SCLAL�,W AE Address w 1y W y, { (- 1,i-F A 1 n15o f,J 2. Organization Address 3. Place to be Held & Time 7',<-. 4. Band Already Booked /AJ E 5. Name of Band -7-A,' 6 pV�_ iv 6. Have you run dances in Hutchinson before? r-,5 Elsewhere? 7. 8. 9. Date Dance to be Held: Ay c, 2 °% I understand that according to Minnesota Statutes, Ch. 624, Sec. 624.50: 'OFFICER MUST ATTEND ALL PUBLIC DANCES. It shall be incumbent upon the person to whom such permit is issued to have an officer of the law present at every public dance to be given or held thereunder dur- ing all the time the public dance is being held. In the case of a pub- lic dance to be held or given in a city, village, or borough, such offi- cer of the law shall be designated by the chief peace officer thereof. In all other cases such officer of the law shall be designated by the sheriff of the county. In all cases the fees and expenses of such offi- cer of:ithe law shall be paid in advance by the person to whom the permit has been issued. In case any person, not a public officer, shall be designated as such officer of the law, the person to whom the permit has been issued shall be responsible for his acts and conduct and there shall be no liability for his acts and conduct on the part of the officer desig- nating him under the provisions of Section 624.42 to 624,.5,4. OAt .uic va a y�r Au a.naa� Recommendation of Chief of Police A6o aw /`NL� — — w w1 i 10. Action of City Council 0 11. Fees and Expenses of Officer* *(Payable in Advance) 4+4X "41 _60^444 "Aue 6 Published in the Hutchinson Leader on Tueaday, August 6th, 1985, and on Tuesday, August 13th, 1985. NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 86-02 PUBLICATION NO. 3440 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 2Tth day of August, 1985, to consider the making of an improvement of: 12" Watermain on T.H. 22 from Oakland Avenue to 1200, South; McDonald Drive from School Road to 900, West by Grading, Gravel Base, Surfacing and Appurtenances; • Bradford Street in Orchard Park 1st Addition, Roberts Road, Sibley Drive and Tyler Street in 4th Addition to Lakewood Terrace and Campbell Lane in Clarks 2nd Addition by Gravel Base, 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 $148,800.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. City Cle k Dated: July 23rd, 1985 PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HRARTNG9 WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. j-_ a PUBLICATION NO. 3453 . PUBLISHED IN THE HUTCHINSON LEADER: Thursday, August 15, 1985 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN Notice is hereby given that a public hearing will be held on August 27, 1985 at the hour of 8:00 P.M. in the Council Chamber of City Hall for the purpose of : 0 considering the issuance of an "On Sale" Intoxicating Liquor License to Kevin Lamson, owner of T.L. Scalawags and Hutch Bowl. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. August 14, 1985 Dated �J City Clerk) APPLICATION FOR OM -SAIa INTOXICATING LIQUOR LICENSE This fore was prepared by the City of Hutchinson and the Minnesota Bureau of Criminal Apprehension, Dapartasnt of Public Safety, pursuant to Minnesota Statutes, 1976, Section 340.13, for purposes of back- ground investigation. It does not supercede any laws, rules or regulations of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide inforasation requested may result in denial of the application. 1. NUT-C-0 60("JL GS SPWIT- Sd - F_ATS Trade Nase Date of Application 2. Licensing Period 3. Type of Application: New FI Renewal ® Transfer . 4. �F:IJ I ShpMSor� 7- SO3(3 Name of Applicant Phone 5. I4iCz0 `-7 PLac� MP-Pt�-6R00 Mr�i -- Home Address 6. Citizenship: j'NI.jrJ£SoTA Place of Birth Date of Birth B. I j(Ai'C U (a, Conn POLY Nw Y 7 W. W. IF N 1 r SOn1 M N. SS 0 Address of Business Location 9. Legal Description 10. List owners of building or premise to be licensed: E;-% pd(- I) L R 11. List all partners, officers or directors, if corporation: Naawe Address Date of Birth Sk4(,- sons jq]'?o 7-7 +1\ PLAC£ Pik, g2Pn /J LARSr><J I35 10 T—N AU£ N +i. NuTCA10SQP1 N0. 12. Prior experience in this type of businesss SPO TS J_ DR,NK McrJA6C1Nin)1- Cn, Pr rJ Y' C 1?fl 5', JT-LY MPNASL Sl_I QuQre ADO FQQQ QPf "I "J Fol- SCALAv.lA61-S w ��77 13. Present ownership in any other liquor establishment: II(5 14. Present ownership in a;.y other restaurant or food business: UO 3 15. Three Business References: f R (- M t rjYJ 1C-IC `1 k ' T R (fa LOCI9ER( ru5 '�,Rii.J ISLE NQ Ii)PM DOC.DF2 PRFSIAinIT SCACAWArS IWC 16. N(.tTc f-1 (3Otni(., SPORJ -1 COMP«k WC. Corporate or Partnership Title 0 ). (JUTcN I)J C. Corporate or Partnership Address 18. If this is a transfer application give none, address, of persona, partnership or corporation holding license for the past year. rv-) 0c) L IJ F (z 19. Who owns the bar /tavern fixtures? T-0 (JO C-0 E2 20. Are you a Minnesota resident? ® Yes F-1 No l( 1 7 O C 6 toP S 5 F r.1'r Frdm To If not, where resident? Dates of Residency 21. Residential Address during Past Five (5) Years: f`f ti ZO 7 74-h PLta, L r1lA1PLf 62OJE VO(\N X536 1 22. Three Personal Referencesn PNTRlcrc McLAUr6ttt J STPPul M)U- 6`JT --,•64 VC��I P MUR2P�/ lz F-F AMP, 6�� -3863 SdSE('1A W.R"F- ACIS P'1PCS MN. 33Z- fO6C 23. Employment for the Past Five Years: 19 72 - 1 19 -A W P2 R £ N) C Q. l PA k) i 6(l ICAUK SO.MPLSYn1N Jci? —cAtic 19 4 K- L INC. _ 24. Any Convictions Other Than Minor Traffics A)n 25. This application must be accompanied by detailed statement of net worth and last year's tax return and statement of wethod of payment for business, fixtures and inventory. 26. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissionerl and all ordinances of the aunicipality; and I hereby certify that I have read the fore- going questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted withip'thd state, or the cost not to exceed $10,000.00 if the investigation is required outside t state. I further understand the ordinances of the City of Hutchi n�re4arding,he operation of on -sale liquor licensee and agree to abide_" hem,i J Subscribed and sworn to before me this I'd day of 19�. LF2lro / iC �(r n.� J (Notary Public) MOALELR. - ORlalUn1aNNsTKagE ' nw► � My Commission Expires: 11-29-1i 0 go • 4 POLICE DEPARTMENT MEMORANDUM DATE August 23, 1985 it • TO Mayor and City Council FROM Dean M. O'Borsky, Chief of Police SUBJECT Liquor License Application Based on the background investigation conducted by our department I recommend that the license application of Kevin Lamson be approved. See attached memo. RIDS ,- 9 J�- R P POLICE DEPARTMENT MEMORANDUM DATE 8 -23-85 46 TO Dean O'Borsky,4 201 FROM Dick Waage / #203 SUBJECT Hutch Bowl and Scalawags Spirits Liquor License Investigation on Kevin Lamson I have determined there is nothing preventing Kevin Lamson legally from obtaining a liquor license from the City of Hutchinson. From the investigation I concluded that Mr. Lamson b Brad Larson, current manager of the Hutch Bowl are in partnership on the current license and they plan to operate as a business together. Lamson has been managing Scalawags Liquor establishment since June 1, 1985. All criminal checks, FBI 6 BCA were negative. Through investigation I found he was a prior or partial or corporate owner of the Court Pub which was part of the Southridge Racket and Fitness Center located in Greenfield, WI (a suburb of Milwaukee, WI). I contacted police departments both in Greenfield and Milwaukee and found only favorable comments for the establishments run in that city. I also checked with his local police department where the applicant resides (Maple Grove) and found that he is not suspected to be involved in any criminal activity as the only record in their files were calls for service. Xk 41 Richard Wa / #203:jg a 0 • POLICE DEPARTMENT MEMORANDUM TO Mayor and City Council FROM Dean M. O'Borsky, Chief of Police SUBJECT Liquor License Application DATE August 23, 1985 Based on the background investigation conducted by our department I recommend that the license application of Kevin Lamson be approved. See attached memo. DMO:neb j- R t POLICE DEPARTMENT MEMORANDUM TO Dean O'Borsky/fi2o1 FROM Dick Waage /#203 DATE 8 -23 -85 SUBJECT Hutch Bowl and Scalawags Spirits Liquor License Investigation on Kevin Lamson I have determined there is nothing preventing Kevin Lamson legally from obtaining a liquor license from the City of Hutchinson. From the investigation I concluded that Mr. Lamson & Brad Larson, current manager of the Hutch Bowl are in partnership on the current license and they plan to operate as a business together. Lamson has been managing Scalawags Liquor establishment since June 1, 1985. All criminal checks, FBI & BCA were negative. Through investigation I found he was a prior or partial or corporate owner of the Court Pub which was part of the Southridge Racket and Fitness Center located in Greenfield, WI (a suburb of Milwaukee, WI). I contacted police departments both in Greenfield and Milwaukee and found only favorable comments for the establishments run in that city. I also checked with his local police department where the applicant resides (Maple Grove) and found that he is not suspected to be involved in any criminal activity as the only record in their files were calls for service. Richard Wa 1#203:jg s (612) 587 -5151 HU1CH' CJI T Y OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 August 22, 1985 MEMORANDUM TO: MAYOR AND CITY COUNCIL -�.t'� � 1' y •' •I } NI 171- 1 I request Penn scion to attend the Midwest Engineers Conference and Exposition on October 9th and 10th in Minneapolis. The registration fee is $58.50. This is a budgeted conference. ,0 cc: Ken Merrill m Marlow V. Priebe • RESOLUTION NO. 8099 TRANSFERRING $142,273 FROM 1985 SPECIAL ASSESSMENT BOND FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $142,273 is hereby transferred by the 1985 Special Assessment Bond Fund to the General Fund for project administration fee and engineering fees. Adopted by the City Council this 27th day of August, 1985. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor 7 -Q. Cij • • ORDINANCE NO. 13/85 PUBLICATION NO. AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED PROPERTY OWNED BY AND ABUTTING UPON THE LIMITS OF THE CITY WHEREAS, the territory described below is not presently within the corporate limits of any incorporated city; and WHEREAS, this territory abuts upon the corporate limits of the city at the southern boundary thereof and is deemed to be urban or suburban in character; and WHEREAS, this territory is owned in fee by the city; The city council of the city of Hutchinson ordains: Section 1. Territory annexed. The corporate limits of the city of Hutchinson are hereby extended to include the unplatted property described as follows now owned by the city: See legal description in Attachment A. Section 2. Filing. The city clerk is directed to file certified copies of this ordinance with the Secretary of State, the County Auditor of the county in which the property is located, the Town Clerk of the affected township and the Minnesota Municipal Board. Section 3. Effective date of annexation. This ordinance takes effect upon its passage and publication and the filing of certified copies as directed in Section 2. Adopted by the city of Hutchinson, Minnesota, 1985. Gary D. Plotz, Clerk ATTEST: Robert H. Stearns, Mayor n ATTACHMENT A Satterlee Pit Area: Lots 9 and 14 of Auditor's Plat of the South Half of Section 8, Township 116 North, Range 29 West, McLeod County, Minnesota, according to the plat on file in the office of the Register of Deeds and part of the old Chicago, Milwaukee, St. Paul and Pacific Railway Company right -of -way lying adjacent to and adjoining said lots 9 and 14 except the following described tract: Beginning at the intersection of the Easterly extension of the North line of said Lot 9 with the Westerly 50 foot right -of -way line of Min- nesota State Highway No. 22; thence Southeasterly along said right -of- way line, 1005 feet; thence deflect to the right 94058' a distance of 210.9 feet; thence deflect to the right 84042' a distance of 297.8 feet; thence deflect to the left 8024' a distance of 292.0 feet; thence de- flect to the left 81016' a distance of 44.0 feet; thence deflect to the right 90000' on a line parallel to said highway right - of-way line to a point in said North line of Lot 9; thence East along said North line to the point of beginning. Containing 84.3 acres more or less AND • All that part of the Northwest Quarter of the Northeast Quarter of Section 17, Township 116 North, Range 29 West of the 5th P.M., lying North of the Crow River and more particularly described as follows: Commencing at a point where the North line of the Northeast Quarter of said Section 17 crosses the North Bank of the Crow River; thence West along said line to a point 406 feet West of the point of beginning; thence Southerly, Easterly and Northerly along the North Bank of Crow River to the Point of Beginning and containing one acre more or less. Kadelbach And Boldt Area: That part of the Northwest Quarter of Section 8, Township 116 North, Range 29 West of the 5th Principal Meridian described as follows: Beginning at the intersection of the West line of said Northwest Quarter and the Southwesterly right -of -way line of State Highway No. 22; thence Southerly, along said West line to a point 100.00 feet Southwesterly of, as measured at a right angle to, said right -of -way line; thence South- easterly, parallel with said right -of -way line, to the intersection with the South line of said Northwest Quarter; thence Easterly, along said South line, to said right -of -way line; thence Northwesterly, along said right -of -way line, to the point of beginning. Fi. ;iE 0 9 11 Description As Per Certificate Of Title All that part of the Northwest Quarter of Section 8, Township 116 North, Range 29 West, McLeod County, Minnesota, described as follows: Beginning at a point on the West line of said Section 8, a distance of 432.2 feet due North (assumed bearing) of the Southwest corner of said Northwest Quarter; thence due North, along said West line, a dis- tance of 1332.65 feet; thence South 54 degrees 52 minutes East a dis- tance of 2496.25 feet to a point of tangency with a curve, concave to the Southwest and having a radius of 5579.58 feet; thence Southeasterly, along said curve, to a point on the South line of said Northwest Quar- ter; thence South 89 degrees 22 minutes West, along said South line, a distance of 2035.86 feet; thence North 17 degrees 44 minutes West a dis- tance of 123.6 feet; thence North 52 degrees 44 minutes West a distance of 262 feet; thence North 44 degrees 39 minutes West a distance of 213 feet to the point of beginning, containing 51.1 acres more or less. RESOLUTION NO. 8101 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR De -icing Salt $ 1430.00 Street Maintenance Street Yes Cargill Salt The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Date Approved: August 27, 1985 Motion made by: Seconded by: Resolution submitted for Council action by: 7� it 9 (612) 587 -5151 'CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 August 22, 1985 MEMORANDUM TO: MYOR AND CITY COUNCIL�� FRONT: PERSONNEL COORDngUOR CY -�� -• • • • • �• • iy is �(•ti -( u• • •) � PERA requires membership of any part time employee who works more than 6 months in a calendar year and earns $325 per month. Under this rule, one of our part time police officers is required to beoane a PERA member at this time. PERA law also states that in the case of Polioe/Fire employees,, a resolution of the city oommcil must accompany this membership. Resoluticn No. 8103 is attached to fulfill this rapiremant. (This does not mean we are changing or planning to change the status of any part time licensed police officer. This officer and several others have worked a similar schedule in past summers. We are respmding to a tightening up of PERA administrative policy. See PERK notice below.) copy: Dean O'Borsky Ken Merrill April 24, lies PTA= 10M P(8SS MM Previous administrative policy allowed persona whose earnings fluctuated from month to month to eresed the $325 salary limits - tion twice in a calendar year (school year for school employees) before membership in PM became mandatory. Effective May 1, 1995. this policy is no lager in effect. Tram this date, membership will be required the first time salary eawda $325 in a month for part-time employees. his is in accordance with the Provisions of M.S., Section 353.01, Buhdivisiou 2b (9). If you have any questions .regarding this administrative chan9s, Please contact the PERA office at 612 -296-7060 or our toll -frw number of 1 -800 -652 -9026. Please keep this notice for future reference. Thank you. RESO=ON NO. 8103 BE IT HFMBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCiINSON The City Council of the City of Hutchinson, duly assembled in the meeting of August 27, 1985, does hereby declare that the position now held by Scott Streachek is that of a part -time police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shall beconie a member of the Public EWloyees Retirement Association Police and Fire Fund. Adapted this 27th day of August, 1985. Ibbert H. Stearns Mayor ATTEST: Gary D. Plotz, City Clerk IP n LJ 7-d-' (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 August 22, 1985 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL RE: COUNTY DITCH 18 I have been informed that the cost study will be limited to a maximian cost of $40,000 as per the resolution. After an engineer is selected the estimated cost will be available. This is anticipated to be less than $40,000; however, haw much less is not knoam at this time. No cost would be incurred by the city in 1985. hs 4 FO R - �_ lrdl_ ME. RESOLUTION NO. 8098 RESOLUTION OF THE MCLEOD COUNTY BOARD AND THE HUTCHINSON CITY COUNCIL CONCERNING COUNTY DITCH 18' WHEREAS, County Ditch 18 is a County Ditch which flows from lands situated within the County of McLeod into the City of Hutchinson and; WHEREAS, said County Ditch 18 is currently unable to meet the drainage needs of the area it drains and; WHEREAS, prior to any repair being done, it would be advisable for the County Board of McLeod County and the City of Hutchinson to coordinate their efforts to provide for appropriate drainage for the County Ditch 18 watershed; and pursuant to the petition of the County of McLeod and; WHEREAS, Minnesota Statute 106.471, Subd. 4 provides that prior to making the necessary repairs that the County Board may appoint an engineer to investigate the feasiblity of repair of County Ditch 18 and expend up to $20,000. 0 THEREFORE, BE IT RESOLVED that the County of McLeod and the City of Hutchinson agree to contract with an engineer to provide a study for the needs of County Ditch 18; that the expenses of the study up to $40,000 shall be shared equally by the City of Hutchinson and by the County of McLeod; that the engineer shall be appointed by the County of McLeod in consultation with the City of Hutchinson and the County's share of costs for the study shall be the cost of repair pursuant to Minnesota Statute 106.471, Subd. 8. Adopted by the City Council this 27th day of August, 1985. Date: Date: Robert Stearns, Mayor City of Hutchinson Lawrence Wendorff, Chairman McLeod County Board E RESOLUTION NO. A RESOLUTION REQUESTING APPOINTMENT OF MEMBERS TO THE HUTCHINSON CHARTER COMMISSION WHEREAS, the City of Hutchinson has in the past established the Hutchinson Charter Commission, a body consisting of twelve members, and; WHEREAS, the terms of all original Hutchinson Charter Commission members have expired and no successors have been appointed, and; WHEREAS, Minnesota Statutes Annotated chapter 410 provides that the District Court in which a municipality lies, acting through its Chief- Judge shall be responsible for the appointment of new members to an existing commission, and; WHEREAS, the city of Hutchinson desires the appointment of new members to the Hutchinson Charter Commission for the purpose of examining the existing Hutchinson City Charter and making recommendations concerning its provisions, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, 1) That the City of Hutchinson hereby petitions the Judges of the First Judicial District of the State of Minnesota to appoint twelve new members to the Hutchinson Charter Commission. 2) That the city of Hutchinson hereby requests that the Judges of the First Judicial District of the State of Minnesota give consideration to the appointment of the following individuals for the term indicated: • MEMBER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ADOPTED BY THE CITY COUNCIL THIS 1985. ATTEST: Gary D. Plotz, City Clerk TERM DAY OF CITY OF HUTCHINSON By/ Robert H. Stearns, Mayor • a �V August 23, 1985 N AUG 1985 N RECavm w BY Mr. John Korngiebel �`s7�1 12f11pb6�� Korngiebel Architects 45 Washington Avenue South Minneapolis, MN 55350 FOR YOUR OR IV HUTCHINSON, MINNESOTA �ATiON FIRE STATION Dear Mr. Korngiebel: Per your recent telephone conversation with Paul Martinsen of RCM, each agreed to pursue certain tasks in resolving the problems with the furnaces. You indicated you would check on who wired the furnaces, who wired the dampers that were not operating correctly and the circumstances surrounding the installation. RCM agreed to (1) check on the furnace warranty and (2) address correction of the damper wiring. rieke Paul Martinsen obtained the following information from representatives "uller of Bryant, the furnace manufacturer. Bryant warrants the heat sociates, inc, exchangers on the furnaces at the Hutchinson Fire Station for ten years. architects It is our understanding that the warranty is for any failure with the engineers exception of causes such as obvious physical abuse. The warrant must land surveyors P P Y Y he handled through an authorized dealer and does not include the dealer's labor costs for removing the old heat exchanger and installing the new heat exchanger. The authorized dealer in the Hutchinson area is Sharstrom Plumbing and Heating. When we discussed resolution of the wiring for the damper, I indicated RCM was willing to come to the site and assist in tracing the wiring and determine exactly what corrective work is required. Since RCM is not an electrical contractor, we are not in a position to do any rewiring. However, we will assist in any way we can to have the wiring changed as required. Please advise us as to the course of action you propose so we can coordinate our activities with yours. Sin ely, 1 AkAj- Paul F. Kaeding RIEKE CARROLL MULLER ASSOCIATES, INC. PFK•s a cc: VMr. Gary Plotz, City of Hutchinson I.J 1011 first street south post office box 130 hookins minnesota 55343 612 -935 -6901 r- C. (612) 587 -5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: AUGUST 20, 1985 TO: MAYOR AND CITY COUNCIL ------------------------ - - - - -- FROM: RALPH NEUMANN ------------------------------ SUBJECT: 339000 G V W TRUCK BIDS ------------------------ - - - - -- I will briefly recap our bidding procedure to date. July 2, 1985 we had our original bid opening with the following results: Truck with Truck with Truck with J -Craft equipment Crysteel equipment MacQueen equipment ' PLOWMANS 33922.00 36955.00 39527.00 WIGENS 34571.00 37643.85 39675.85 Mick Wigen was in attendance at the bid opening. It became apparent that he was not the low bidder. At this time he complained about the wording of the bid specifications. Due to the fact that we did not want to create hard feelings with any dealer and also the very low price we were offered on the used 1975 Chev. truck trade -in, it was felt the City should reject all bids. Doug Meier then rewrote the specifications being more specific on what we expected to be bid. August 2, 1985 we had our second bid opening with the following results: Truck with Truck with Crysteel equipment MacQueen wquipment PLOWMANS 37392.80 39724.80 WIGENS 37500.00 39500.00 Enclosed with the agenda for the City Council meeting of Aug. 13, 1985 were memos from Doug Meier and myself recommending that we accept Plowmans bid due to the fact that Wigens were unable to meet our specifications. Jon Wigen was in attendance. August 14, 1985 a letter from Bob Plowman was received relative to the radiator /PTO aliignment. (copy attached). As it now stands, both Plowmans and Wigens can not meet the specs regarding the radiator /PTO configuration, however, Wigens can not meet the dual clutch plate requirement. We would like to have the City Councils support in reaffirming the bid award to Plowmans. JAKE G. PLOWMAN President and General Manager City Council City Of Hutchinson 37 Washington Ave. W. Hutchinson, Mn RRs Publication #3438 Gentlemen. plowman , nn s, Jan c. "THE HOME OF SUDDEN SERVICE" HUTCHINSON, MINNESOTA 55350 Area 612 Phone 5874748 August 14, 1985 Plymouth J. SCOTT PLOWMAN Vice- President 'Special Assignments' This is a letter, both of Apology and embarassment. I regret to have to inform you that we cannot comply to the specifications pertaining to the radiator included in yourproposel. Up until this Morning August 14, I was led to believe that the P.T.O. shaft would run under the radiator.. Because when Doug Meyer came out here with the specifications, I called the Heavy Truck Rngineers Office in MPLS, end spoke to John Thors while Doug was in the office..At that time I was assured the P.T.O. shaft would not run through the radiator. This morning when informed that we had been awarded the Bid, I called in to Inform the Mpls. Office# which is customary in the case of a public bid. I again spoke withJohn Thors who suggested he re affirm the radiator being above the P.T.O shaft. In about 30 minutes he called back and said the P.T.O shaft would Wve to run through the radiator. I am embarrassed, and I sincerely apologize for any Inconvenience we may have caused your office • 0 Sincerely D,,,,�.,,t �^'�""' Bob Plowman Plowman's Inc • Hutchinson. Mn P.S. All other specifications have been met as per bid remarks. /b / (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 20, 1985 TO: — Mayors -d -CJAY_C .QtMCAL----------- - - - - -- FROM: — Doug _Meier ----------------- - - - - -- SUBJECT: — 33.000 GVW truck bjde — — — — — — — — — — — — — — — — — — This letter is to inform the council that since our last meeting, the 130° of August 1985, at which time I indicated to the council my preference con- cerning the purchase of a 33000 GVW vehicle was a Ford F -800 series truck. I based my vehicle preference on three areas of concern. One area of concern was the raised radiator to allow for PTO shaft to pass under the radiator. The following day when placing the order with Plowman's I was informed by Bob Plowman that the raised radiator option was not available from Ford Motor Co., in this particular series of truck. I want to point out that there was no indication on the return bid indicating that Ford Motor Company could not comply with the raised radiator. Since a raised radiator is no longer available from any of the bidders this option can no longer be considered. I feel the dual plate clutch is an option we can't overlook because of the type of work the vehicle will be required to perform. This type clutch configuration is offered in GMC and Chevrolet trucks but only in the larger more powerful models. I feel we are fortunate to have the option available in the size truck we require. I recommend the city purchase a Ford truck from Plowman Ford of Hutchinson with MacQueen suppling the box, hoist, and sander. Thank You,, • r� c 12I o79'C'.� OF HUTCHINSON 37 VIASHING TON AVENUE WEST H' ITCHINSON, i'VINN. 55350 M E M O R A N D U M DATE: August 27, 1985 TO: Mayor & City Council — — — — — — — — — — — — — — — — — — — — FROM: Water Billing Department — — — — — — — — — — — — — — — — — — — — SUB.JECT: Delinquent Water Accounts for the month of August — — — — — — — — — — — — — — — — — — — — Attached is a listing of the delinauent water accounts for the month of August. Recommend water service be discontinued on Tuesday, Sept- ember 3, 1985 at Noon. glary Aanderude 420 Connecticut Hutchinson MN 420 Connecticut 3- 340 - 0420 -051 105.09 James Deragon 540 Monroe St. Hutchinson MN 540 Monroe St. 3- 735- 0540 -031 127.96 Calvin Lee 416 Adams St. Hutchinson Mn 416 Adams St. 3- 210 - 0416 -081 56.69 Promises to pay Tammy Morin 646 Second Ave. Hutchinson MN 624 Second Ave. 3- 030 - 0646 -083 98.52 Howard Riggle S.E. 415 Adams St. 55350 Hutchinson MN 55350 S.E. 415 Adams St. 3- 210 -0415 -091 113.22 Victoria Weishert Rt. 1 Glencoe Mn 55336 Midwest Trailer Court Box 157 Winsted MN 55395 450 Water Street 3- 970 - 0450 -051 1543.29 Promises to pay 112 9/13 1/2 9/27 Richard Sturges 534 Madson Ave. Hutchinson MN 55350 425 Third Ave. S.E. 3- 045 - 0425 -081 72.81 Knutson Mortgage Finance Co. Washington Ave. _ '1i_nn_Pa -)nlia ;1N— Interiors Unlimited 640 Adams St. S. Hutchinson M11 55350 640 Adams St. 3- 210 - 0640 -061 38.22 Ron McGraw Citizens Bank Bldg. Hutchinson MN 55350 142 Third Ave. S.E. 1- 045 - 0142 -042 98.04 CLOSED ACCOUNT 0 $125.46 Walter Teich c/o Wally's Liquor Store Cosmos, MN 56228 441 Main St. N. 3- 680 - 0441 -082 64.86 Miles liillhite 136 11th Ave. N.E. Hutchinson MN 55350 136 11th Ave. N.E. 3- 130 - 0136 -041 114.78 Promises 1/2 9/06 1/2 9/13 Vince Jahner 712 Hilltop Drive Hutchinson MN 55350 712 Hilltop Drive 3- 530 - 0712 -021 56.32 James Schlagel Buffalo Lake MN 553111 0 �� Alvin Baune Janice Burnett 478 Shady Ridge Rd. 630 Second Ave. S.E. 55350 Hutchinson MN 55350 Hutchinson 11N 55350 478 Shady Ridge Rd. 630 Second Ave. S.E. 3- 870 - 0478 -041 3- 030 - 0630 -063 114.78 93.10 Victoria Weishert Rt. 1 Glencoe tin 55336 Gerald Elliot Lawrence LaTour 590 Monroe St. 482 California St. 55350 Hutchinson 11N 55350 Hutchinson 11n 55350 590 Monroe St. S. 482 California 3- 735 - 0590 -021 3- 275- 0482 -091 91.15 72.43 Quinton Gruis 125 Water Street Hutchinson MN 55350 Total amount now due: Jim Lindmeyer Rodney Markgraf 705 Main St. N. 575 Peterson Circle 55350 Hutchinson MN 55350 Hutchinson MN 55350 705 Main St. N. 575 Peterson Circle 3 -680- 0705 -171 3- 800 - 0575 -012 90.00 110.51 8/28/85 Promises to pay 9/5/85 Howard Riggle S.E. 415 Adams St. 55350 Hutchinson MN 55350 S.E. 415 Adams St. 3- 210 -0415 -091 113.22 Victoria Weishert Rt. 1 Glencoe Mn 55336 Midwest Trailer Court Box 157 Winsted MN 55395 450 Water Street 3- 970 - 0450 -051 1543.29 Promises to pay 112 9/13 1/2 9/27 Richard Sturges 534 Madson Ave. Hutchinson MN 55350 425 Third Ave. S.E. 3- 045 - 0425 -081 72.81 Knutson Mortgage Finance Co. Washington Ave. _ '1i_nn_Pa -)nlia ;1N— Interiors Unlimited 640 Adams St. S. Hutchinson M11 55350 640 Adams St. 3- 210 - 0640 -061 38.22 Ron McGraw Citizens Bank Bldg. Hutchinson MN 55350 142 Third Ave. S.E. 1- 045 - 0142 -042 98.04 CLOSED ACCOUNT 0 $125.46 Walter Teich c/o Wally's Liquor Store Cosmos, MN 56228 441 Main St. N. 3- 680 - 0441 -082 64.86 Miles liillhite 136 11th Ave. N.E. Hutchinson MN 55350 136 11th Ave. N.E. 3- 130 - 0136 -041 114.78 Promises 1/2 9/06 1/2 9/13 Vince Jahner 712 Hilltop Drive Hutchinson MN 55350 712 Hilltop Drive 3- 530 - 0712 -021 56.32 James Schlagel Buffalo Lake MN 553111 0 �� i DATE: TO: FROM: ENGINEER'S REPORT CITY OF HUTCHINSON August 16, 1985 Mayor and City Council Director of Engineering SUBJECT: Sanitary Sewer, Watermain, Storm Sewer, Curb and Gutter and Surfacing and Appurtenances Improvement Project Gentlemen: 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 24th day of September, 1985. PROJECT NO. 86 -03 T.H. 7 West Service Road from Les Kouba Parkway to 10401 East by Surfacing and Appurtenances; Eighth Avenue N.W. from Colorado Street to 600' East and Colorado Street from Eighth Avenue N.W. to Country Club by construction of Sanitary Sewer, Watermain, Storm Sewer, Grading, Gravel Base and Appurtenances; Carolina Avenue from School Road to 150' East by construction of Gravel Base, Curb and Gutter and Appurtenances; Civic Arena Parking Lot by Grading, Gravel Base, Curb and Gutter, Surfacing and Appurtenances; Jorgenson Street from Hassan Street to Sherwood Street, Southview Drive and Southview Court from Linden Avenue to Sunset Street and Sunset Street to Linden Avenue, Selchow Avenue from Jorgenson Street to Jefferson Street, Bradford Street from Century Avenue to 700' North, Randall Road from Bradford Street to Century Avenue, Sunset Street from Linden Avenue to Southview Drive, Sherwood Street from Jorgenson Street to Century Avenue, Century Avenue from Sherwood Street to T.H. 15, Third Avenue S.W. from Lynn Road to East Pishney Lane, Larson Street from Roberts Road to Lewis Avenue and Hassan Street from Oakland Avenue to Selchow Avenue, by construction of Wearing Course Overlay and Appurtenances; Construction Cost Engineering iFiscal and Miscellaneous Land Acquisition $ 595,000.00 41,650.00 41,650.00 0.00 q -It -I Mayor and City Council Engineer's Report Project No. 86-03 August 16, 1985 Page 2 Capitalized Interest TOTAL------------- - -- - -- Assessable Cost Deferred Assessable Cost 47,600.00 --- - - - - -$ 725,900.00 $ 242,000.00 0.00 Sewer and Water Fund 209000.00 City Cost 4639900.00 TOTAL--------------------------- - - - - -$ 725000.00 Respectfully submitted, Marlow V. Priebe Director of Engineering to 10 n LJ • RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 86 -03 RESOLUTION NO. 8100 WHEREAS, pursuant to resolution of the Council adopted August 13th, 19859 a report has been prepared by Marlow V. Priebe with reference to the improvement of: T.H. 7 West Service Road from Les Kouba Parkway to 10401 East by Surfacing and Appurtenances; Eighth Avenue N.W. from Colorado Street to 600' East and Colorado Street from Eighth Avenue N.W. to Country Club by construction of Sanitary Sewer, Watermain, Storm Sewer, Grading, Gravel Base and Appurtenances; Carolina Avenue from School Road to 1501 East by construction of Gravel Base, Curb and Gutter and Appurtenances; Civic Arena Parking Lot by Grading, Gravel Base, Curb and Gutter, Surfacing and Appurtenances; Jorgenson Street from Hassan Street to Sherwood Street, Southview Drive and Southview Court from Linden Avenue to Sunset Street and Sunset Street to Linden Avenue, Selchow Avenue from Jorgenson Street to Jefferson Street, Bradford Street from Century Avenue to 7001 North, Randall Road from Bradford Street to Century Avenue, Sunset Street from Linden Avenue to Southview Drive, Sherwood Street from Jorgenson Street to Century Avenue, Century Avenue from Sherwood Street to T.H. 15, Third Avenue S.W. from Lynn Road to East Pishney Lane, Larson Street from Roberts Road to Lewis Avenue and Hassan Street from Oakland Avenue to Selchow Avenue, by construction of Wearing Course Overlay and Appurtenances; and this report was received by the council on August 27th, 1985. 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 $725,900.00. 2. A public hearing shall be held on such proposed improvement on the 24th day of September, 1985, in the Council Chambers of the City Hall at 8 :00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Clerk Adopted by the council this 27th day of August, 1985. Mayor (612) 587 -5151 C/T Y OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: August 16, 1985 TO: Mayor and City Council FROM: Director of Engineering RE: Project No. 86 -03 6 f °R rO'YR I'�F ORjyAT1ON For your information, the breakdown of Assessable Cost, City Cost or Sewer and Water Fund on the above - referenced project, is estimated as follows: Sewer and Section Assessable City Water Fund Service Road from Les Kouba $ 149060 $ 14,000 $ -0- Parkway to 1040, East Eighth Ave. and Colorado St. $ 159,340 $ -0- $ 20,000 Carolina Avenue $ 4,400 $ -0- $ -0- Arena Parking Lot $ -0- $3182900 $ -0- Street Overlay $ 64,200 131 000 $ -0- TOTAL $ 242,000 $463,900 $ 20,000 Due to the general conditions of the streets in the overlay project, the estimated front foot cost is $8.50. Using an assessed cost of $3.50, the break down per street is estimated as follows: Street Assessable City Jorgenson St. $ 69260 $ 13,210 Southview Dr. & Southview Ct. $ 71620 $ 16,110 Selchow Ave. $ 3,810 $ 8,040 Bradford St. $ 39810 $ 8,040 Randall Road $ 2,720 $ 52740 Sunset St. $ 29720 $ 51740 Sherwood St. $ 89160 $ 179310 r • 4 4 • Mayor and City Council Project No. 86 -03 August 16, 1985 Page 2 Century Ave. Third Ave. S.W. Larson St. Hassan St. TOTAL MVP /pv $ 13,060 $ 4,350 $ 5,700 $ 5,990 $ 64,200 $ 27,710 $ 9,190 $ 7,200 $ 12,710 $ 131,000 Marlow V. Priebe Director of Engineering �.: (612) 587 -5151 if R1,51, CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST t HUTCHINSON, MINN. 55350 MEMO FoRyOUR/ NFpR41AT /o DATE: August 16, 1985 N TO: Mayor and City Council FROM: Director of Engineering RE: Project No. 86 -01, 86 -02 & 86 -03 As per your request, the cost breakdown for the above- referenced projects is as follows: It is anticipated that any additional projects for 1986 will be requested by developers and would be 100% assessable. Marlow V. Priebe Director of Engineering MVP /pv 0 Municipal Assessable State Aid City Sewer & Project No. Cost Cost Cost Water Fund Total 86 -01 $ 2429240 $ 365,360 $ -0- $ -0- $ 6079600 86 -02 $ 128,800 $ -0- $ -0- $ 20,000 $ 148,800 86 -03 $ 242,000 $ -0- $ 463,900 $ 209000 $ 725,900 TOTAL $ 613,040 $ 3652360 $ 463,900 $ 40,000 $1,4829300 It is anticipated that any additional projects for 1986 will be requested by developers and would be 100% assessable. Marlow V. Priebe Director of Engineering MVP /pv 0 r612) 587 -5151 TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 DATE: August 16, 1985 TO: Mayor and City Council FROM: Director of Engineering RE: 5 Year Project Report MEMO FoRyOUR /NFOkA11 /0N As per your request, the estimated cost breakdown for improvement projects is as follows: Municipal MVP /pv �J I?XC�L O� Marlow V. Priebe Director of Engineering 9 Assessable State Aid City Sewer & Project No. Cost Cost Cost Water Fund Total 1981 $ 6429700 $ -0- $ 318,800 $ 1312000 $19092,500 1982 $ 4022000 $ _0_ $ 451,000 $ 579000 $ 9102000 1983 $ 680,300 $ 118000 $ 451,000 $ 729000 $1,321000 1984 $ 3169250 $ 1489000 $ 3902000 $ 57,200 $17011,450 1985 $ 780,250 $ 158,000 $ 5457000 $ 203000 $1,6869250 1986 $ 6132040 $ 365,360 $ 463000 $ 40,000 $1,4829300 (to date) MVP /pv �J I?XC�L O� Marlow V. Priebe Director of Engineering 9 4 _CERTIFICATION OF MINUTES RELATING TO DEVELOPMENT DISTRICT NO. 4 Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: a regular meeting held August 27 , 1985, at 7:30 o'clock P.M. n the City Hall. Members Present: Members Absent: Documents attached: Minutes of said meeting (pages): RESOLUTION NO. 8102 RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 4; CALLING FOR A PUBLIC HEARING ON It AN AMENDMENT TO THE DEVELOPMENT DISTRICT PROGRAM AND TAX INCREMENT FINANCING PLAN I, the undesigned, being the duly quly 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 28th day of August , 1985. (SEAL) Signature Gary D. Plot z, City Administrator Name and Title -- - L Member introduced the following resolution and moved its adoption: RESOLUTION NO. 8102 RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 4; CALLING FOR A PUBLIC HEARING ON AN AMENDMENT TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN BE IT RESOLVED by the City Council of the City of Hutchinson (the City) as follows: 1. Recitals. This Council by resolution adopted October 14, 19$T.—signat.ed a development district pursuant to Minnesota Statutes, Chapter 472A and a tax increment financing district pursuant to Minnesota Statutes, Section 273.71 through 273.78. Both the development district and the tax increment financing district have been designated Development District No. 4 (the District). This Council has previously adopted a development district program (the Program) and a tax increment financing plan (the Plan) for the District. This Council by Resolution No. 7140 and Resolution No. have approved amendments to the Program and the Plan fol =ing public hearings thereon. Iwo 2. Proposed Amendment. The City has received a proposal that it establish a revolving loan fund (the Fund) to aid in providing financing for projects to be undertaken within the District. The types of projects anticipated to be financed would include improvements to commercial buildings to bring them in conformity with life and safety codes, community public works projects not normally financed under Minnesota Statutes, Chapter 429 and community development and non - profit projects. It is proposed that a portion of the tax increment derived by the District would be dedicated by the City to the Fund. This Council has been advised that in order to dedicate tax increments derived from the District to the Fund it is necessary to further amend the Program and the Plan and that prior to the further amendment of the Program and the Plan it is necessary to hold a public hearing on the proposed amendments. 3. Preparation of Amendment to Program and Plan. The City Administrator and City Attorney are hereby directed, in cooperation with Ehlers and Associates, Inc., to prepare an amendment to the Program and Plan relating to the Fund. The proposed public redevelopment costs to be paid by the City in connection with the Fund shall be described in such amendment. 40 it • 4. Public Heari�n A public hearing on the proposal to amend the Program and�t►e�Plan to provide that the City may dedicate a portion of the tax increments to be derived from the District to the Fund is hereby called and shall be held on September 14 1985, at 8:00 o'clock P.M. at the City Hall and tWeCity Administrator is hereby authorized and directed to cause notice of the public hearing to be published once not less than 10 nor more than 30 days prior to the hearing in a newspaper of general circulation in the City. The notice of the public hearing shall be in substantially the following form: -2- NOTICE OF PUBLIC HEARING ON AMENDMENTS TO DEVELOPMENT DISTRICT NO. 4 OF THE CITY OF HUTCHINSON NOTICE IS HEREBY GIVEN that the Hutchinson City Council will meet on September 10, 1985, at 8 :00 o'clock p.M., at the City Hall in Hutchinson, Minnesota to hold a public hearing on a proposed amendment to the development district program and tax increment financing plan previously established by the City for a development district and tax increment financing district, both designated as Development District No. 4 (the "District "). The proposed amendment provides for dedication of a portion of the tax increments to be derived from the District to a fund of the City to be used to aid in the financing of certain projects to be undertaken from time to time in the District. All persons wishing to be heard on the proposed amendments to the development district program and tax increment financing plan for the District are requested to appear at the public hearing. Dated: August 27, 1985. BY ORDER OF THE CITY COUNCIL 6 By /s/ GarZ D. Plotz • City Administrator n \J -3- Attest: Adopted this 27th day of August, 1985. Mayor 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 signature was attested by the City Administrator. -4- (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN, 55350 M E M O R A N D U M DATE: August 23, 1985 TO: —Mayor and City Council — -- — — — — — — — — — — — — — — — FROM: —Kenneth B. Merrill,—Finance Director — ------------------ — — — — — — — — — SUBJECT: —Federal Revenue Sharing Audit ----------------------- - - - - -- Because our city receives over $100,000 from federal revenue sharing, • we must submit an annual financial and compliance audit. Charles Bailly & Company has submitted a proposal to do the audit at a cost of $850. They have all the necessary work papers and can meet the necessary deadline. I would ask the Council to approve the engagement of the Charles Bailly Co. for the federal revenue sharing audit for the year ended 1984. /ms • q - "�' I LEONARD E. LINDQUIST NORMAN L. NEWHALL LAURESS V.ACKMAN GERALD E. MAGNUSON EDWARD M.GLENNOM MELVIN I. ORENSTEIN ROBERT J. SHERAN ISRAEL E. KRAWETZ EUGENE KEATING JAMES P. MARTINEAU TICHARD J. FITZGERALD ILIP J. ORTMUN HN A. FORREST ILLIAM E. FOX JERROLD F. SERGFALK WILLIAM T. DOLAN DAVID M. LEBEDOFF JOHN H. STROTHMAN DAVID G. NEWHALL KURTIS A. GREENLET • ROBERT V. ATMORE PATRICK DELANEY HOWARD J.KAUFFMAN JOHN B. WINSTON LAURANCE R.WALDOCM RICHARD B.SOLUM THOMAS M.OARRETT IIE DARYLE L. UPHOFF DAVID J. DAVENPORT MARK R.JOHNSON RICHARD A. PRIMUTH R. WALTER BACHMAN JEFFREY R. SCHMIDT TIMOTHY H. BUTLER ROBERT O. MITCHELL,JR J. MICHAEL CADY J. KEVIN COSTLEY ROBERT J. HARTMAN JOSEPH O. KOHLER PAUL H. TIETZ L I N D Q U I S T & V E N N U M RICHARD D.MKNEIL DONALD C. S W ENSON 4200 IDS CENTER JAMES P. MCCARTHY MINNEAPOLIS, MINNESOTA 55402 STEVEN J.JOHNSON T ELEPMONE 16121 371 -3211 RICHARD IHRIG TELEX 29 0044 JEFFREY A. 16121 OVEEK THOMAS G.LOVEO " S TE LECO PIER 371 -3207 LYNN M.AND[RSON CABLE: LINLAW MINNEAPOLIS DAVID A.ORENSTEIN THOMAS E.OLENNON WAYZATA OFFICE RENEE JA HOMUTHI SELIG 740 EAST LAKE STREET TERESA B. BONNER WAYZATA, MINNESOTA 55391 JOHN R. HOUSTON DENNIS M.O'MALLEY EDWARD J. WEGERSON DANIEL J. SHERAN DAVID A. ALLGEYER GREGORY P. MILLER TERRENCE J. FLEMING July 30, 1985 James Schaefer, Esq. P. O. Box 363 105 Second Avenue Southwest Hutchinson, Minnesota 55350 Re: Hutchinson Technology Incorporated Dear Jim: N. ROLF ENOH RICHARD T. OSTLUND DEBORAH M. MEGAN MARTIN R. ROSENBAUM ELINOR C. ROSENSTEIN ROSANNE H.WIRTH DEBRA K. PAGE MICHAEL D. OLAFSON SUB" E. BARNES DAVID L. HALLE" STEVEN E.MAU JEAN A. SAALETSKI CHARLES R. WEAVER,JR. SARA R. MORRISSEY ANN M. PARRENT DAVID L.SASSEVILLE OF COUNSEL THOMAS VENNUM Thank -you for the time you spent talking with me by tele- phone yesterday relative to Hutchinson Technology Incorporated's recent plant expansions. As discussed, I am enclosing fully executed party wall agreements which now need only the signature of the City. After the documents have been executed, would you kindly return them to me in the enclosed self- addressed, stamped envelope, at which time I will see to their filing. After they have been filed, we will be rendering our opinion that the agreements have been entered into between the parties and that such agreements have been filed so that the rights of the inter- ested parties under the constituent documents are preserved. Very truly yours, * K� Richard B. Solum RBS /jf cc: Mr. Jeffrey Green Mr. Wayne Fortun �- E AGREEMENT 6 THIS AGREEMENT, which is made and entered into effective this 10th day of January, 1985, is by and among HUTCHINSON TECHNOLOGY INCORPORATED (formerly Hutchinson Industrial Corporation), a Minnesota corporation (hereinafter "HTI "), the CITY OF HUTCHINSON (hereinafter "City ") and FIRST TRUST COMPANY OF ST. PAUL, MINNESOTA (hereinafter "Trustee "). WHEREAS, the City is the owner of certain improved property constituting some of HTI's plant and office facility located on Lot 1, Block 1, Hutchinson Industrial Corporation Plat, McLeod County, Minnesota, which is leased from the City by HTI according to a lease dated May 1, 1973 (hereinafter "City Property "); and WHEREAS, Trustee is a trustee under that Mortgage and Indenture of Trust dated May 1, 1973, running between City and Trustee, which Indenture sets out various rights and obligations in connection with City Property (hereinafter "Indenture "); and WHEREAS, HTI is in the process of constructing an addition to its existing facility (hereinafter "the 1984 Addition ") which are adjacent to, and will use common walls of some of City Property; and WHEREAS, it is in the mutual interests of the parties for the 1985 Additions to tie into and become an integral part of the existing facility of HTI, including that portion which is City Property. NOW, THEREFORE, in consideration of the foregoing recitals, 0 promises and conditions, it is agreed: 9 -� 1. The City Property includes an exterior wall running approximately east and west on the northerly side of the City Property, which wall is approximately 14 -1/2 feet high and lies approximately on and several inches either side of the following described line: That part of Lot 1, Block 1, Hutchinson Industrial Corporation Plat, according to the recorded plat thereof, McLeod County, Minnesota, described as follows: Commencing at the Northeast corner of Lot 1, Block 1, Hutchinson Industrial Corporation plat; thence south assuming bearing, along the east line of said Lot 1, a distance of 342.26 feet; thence south 89° 57' west 342.61 feet to the beginning of the line to be described; thence continuing south 89° 57' west 96.00 feet and said line there terminating. (hereafter referred to as "City Wall "). 2. The City and Trustee hereby agree and consent to HTI's use of City Wall as a party wall of 1984 expansion and the making of such cut -ins, utility connections and the like through or on City Wall as are reasonably necessary to the operating unity of the 1984 expansion and City Property. The Trustee and City hereby grant to HTI, its successors or assigns, an easement in City Wall to the extent necessary to fully effect the purpose and rights which HTI could have in connection with party wall and related provisions in the lease and indenture. HTI expressly agrees that it shall maintain City Wall so that the use of said wall as described herein shall not adversely affect the character or impair the operating unity, structural integrity or efficiency • of the City Property. -2- 3. The rights, consents, releases and easements provided for herein shall run with the land. Any rights conferred on the City or Trustee or obligations imposed on HTI hereby shall cease at such time as the lease is fully satisfied. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. HUTCHINSON TECHNOLOGY INCORPORATED By Its FIRST TRUST COMPANY OF ST. PAUL, MINNESOTA as Trustee By w . a lL-t_ Its V icc, P "-cs,dT•f- CITY OF HUTCHINSON, MINNESOTA By Its This Agreement has been drafted by: Delaney & Solum, Ltd. Richard B. Solum 700 Galaxy Building 330 Second Avenue South Minneapolis, Minnesota 55401 • -3- (612) 587 -5151 FCITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 21, 1985 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Final Plat "Hassan Heights" (within two mile radius) The Planning Commission recommends that the aforemention final plat be approved as presented, noting that the subdivision agreement has been approved and will be recorded with the Plat. 0 f • R- F (612) 587 -5151 HUTCH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 August 22, 1985 MEMORANDUM TO: MAYOR AND CITY COUNCIL '•• / /'J7 •' �; } N/ 17171' / RE: HASSAN HEIGHTS Attached is the Slbdivision Agreement with Mr. & Mrs. Filk for Hassan Heights for your approval. kM • 9 -F SUBDIVISION AGREEMENT HASSAN HEIGHTS HASSAN VALLEY TOWNSHIP CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Herbert and Ella Filk, 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 HASSAN HEIGHTS, which is located in Hassan Valley Township in McLeod County Minnesota, and; WHEREAS, City Ordinances requires subdividers to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Subsequent to annexation of HASSAN HEIGHT SUBDIVISION into the City, it will be necessary to install sanitary sewer, sanitary sewer service leads, watermain and water service leads to serve all lots in the plat. To construct storm newer to provide drainage for the service • road. To grade, place gravel base, construct curb and gutter and a permanent roadway surface on the Service Road. 2. It is understood and agreed that the improvements required in Paragraph No. 1 may be constructed under several contracts and may be completed during several construction seasons. 3. It is understood and agreed `that the total improvement costs for sanitary sewer service leads required for the subdivision will be assessed equally to each lot in the subdivision. 4. It is understood and agreed that the total improvement costs for watermain and water service leads required for the subdivision will be assessed equally to each lot in the subdivision. 5. It is understood and agreed that the stated improvement costs for the storm sewer required for the subdivision will be assessed equally to each lot in the subdivision. 6. It is understood and agreed that the total improvement cost for the grading and gravel required for the improvement of the Service Road will be assessed equally to each lot in the subdivision. 7. It is understood and agreed that the total cost of constructing curb and gutter on the Service Road will be assessed equally to each lot in the subdivision. . 8. It is understood and agreed that the total cost of constructing a permanent roadway surface on the Service Road will be assessed equally to each lot in the subdivision. q_ SUBDIVISION AGREEMENT HASSAN HEIGHTS HASSAN VALLEY TOWNSHIP CITY OF HUTCHINSON, MINNESOTA PAGE 2 9. It is understood and agreed that the average lot size is 1.1666 acres or 50,820 square feet and that upon annexation, each lot Will be required to make a Parks and Playground Contribution to the City as per the City's scheduled cost at time of annexation, based on the average lot size of 50,820 square feet. 10. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 11. It is understood and agreed that this instrument will be recorded subsequent to execution by both parties and filing of the Plat. IN WITNESS THER W, the Subdivider has hereunto set his hand and seal this day of , 1985. SUBDIVIDER Herbert W. Filk Ell J. Filk • Approved by the City Council on the day of , 1985. CITY OF HUTCHINSON Its Mayor Its City Clerk • • ' (612) 587 -5151 HUTCH' C/T Y OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 21, 1985 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Vacation of Easement as petitioned by Patrick Spaude Pursuant to Section 5.962 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned petition to vacate an easement. HISTORY On January 23, 1985, the City Council granted the vacation of Park Lane as petitioned by Pat Spaude and Bruce Drahos. It was later brought to the attention of Mr. Spaude that there was a second easement on his property that would have to be vacated before he could build on the property. There - fore, Mr. Spaude filed a petition to vacate a 6' by 130' easement on the east side of Lot 2, Block 2, Helland's Third Addition. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, August 20, 1985, 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 was waived, as it was determined the City should have been aware of the existing easement at the time of the original petition. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, August 8, 1985 and Tuesday, August 13, 19-95. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned petition to vacate the 6' by 130' utility easement be granted. Respectfully submitted, Roland Ebent, Chairman Hutchinson Planning Commisson q -G. X 1065.0 x ir IJ �L— 0 � F ix, 1076.8 LLJ �w 1067.5 X IGHTH AVENUE N / L ' X 1068.2 OD 4 2 5 r.c.67 / 7 8 < ed 6'ys�'� & I #069.0 3 )JV 1 Oa x OD up, Nov 133.86 H 0 10710 c6 0 I co 0 11500 100.00 -1 100.00 100.00 P600 13621 0 HELLAND 0 /HEI.L.A c 2 'X0 0 3 46 0 T 15 21 13621 11500 1066.5 _j GO 1 Q0.00 ioQ.00 -091�L ioo oo F Ir I �1'01 P • l![- lk I Ir "I 1 I r (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 21, 1985 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Vacation of Street-Right-of-Way as Petitioned by Pure Culture Pursuant to Section 5.962 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned petition to vacate a steet right -of -way. HISTORY On July 25, 1985, Hercules Incorporated, Pure Culture Products, submitted a petition to vacate the Washington Street right -of -way 39' of the north property line abutting Lots 4, 59 6, 7, 8, 9 and 10 of Block 46, North 1/2 City. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, August 20, 1985, at which time there was no one present in the audience who stated their objection 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, August 8, 1985 and Tuesday, August 13► 1985. 3. The request was made to facilitate a new loading facility for hazardous chemicals (alcohal). The added room would make the loading more safe. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned petition to vacate the Washington Street right -of -way, 39' south of the north property line of property abutting Lots 4, 5, 6, 7, 8, 9, and 10, Block 46, N 112 City, be granted. Respectfully submitted, • Roland Ebent, Chairman Hutchinson Planning Commisson 9- J . 6 IZ C / �op rse ?q"e 0 PARK AVENUE o�T hW ?e o� 'ram srfR,y� ' ?e CROW I e2 5 4 -� IV 5 R�1 IV 6 -- �l � 7 3 2 I 1 1_ n �— — 825 65 ST NN N 10 1 0 W 8 I lir - - -- - -1 s,a c, N e % 4 �LLl a n _ :32 L - _112 —Ji ` 63 a C 4 a � Z O N 9 ii 2 l' 7 m 6 � 4 5 132 .Z5 I� W W t— U SOUTHEAST u- 16 5 W 32 132 N 10 I Y � 9 2 f 0 Q g s 7 4 - 6 5 12 �3z (612) 587 -5151 yarcH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 21, 1985 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as submitted by Gail Plaisance 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 July 30, 1985, Mr. Gail Plaisance submitted an application for a 191 variance to allow the construction of a 23' by 311 attached garage 61 from • the rearyard property line and a variance to allow a 7' by 201 deck on the north side of the existing house on property located at 509 Linden Ave. Mr. Plaisance had spoken to the Planning Commission about the request at the June meeting. The Planning Commission recommended that Mr. Plaisance apply for the variance. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, August 20, 1985, 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, August 8, 1985 and Tuesday, August 13, 1985. 3. It was the consensus of the Planning Commission that the lot is unique, and the garage would be more aesthetically pleasing as proposed, which does require a variance. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned request for a variance be granted. • Respectfully submitted, Roland Ebent, Chairman Hutchinson Planning Commisson q-_T* �3 � PI M � r t r t 0- s q,-E, " RESOLUTION N0. 8104 RESOLUTION GRANTING VARIANCE UNDER SECTION 6.05, B.3 OF ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF AN ATTACHED 23' BY 31' GARAGE 6' FROM THE REARYARD PROPERTY LINE AND A VARIANCE TO ALLOW A 7' BY 20' DECK ON THE NORTH SIDE OF THE EXISTING HOUSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Gail Plaisance of Hutchinson has applied for a variance from Section 9 3.c of Zoning Ordinance No. 464 for a variance of 19' to allow the construction of an attached 23' by 31' garage 6' from the rearyard property line and a variance from Section 7.09 (F) of Zoning Ordinance #464 to allow the construction of a 7' by 20' deck on property located at 509 Linden Avenue with the following legal description: The East 97.00 feet of Lot Seven (7) MERRILL'S SUBIDIVISON of Lot 869 Lynn Addition to Hutchinson 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be granted. 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. 9 -r RESOLUTION No. 8104 Page 2 CONCLUSION 6 The application for variance for the purpose designated is granted based upon the findings set forth above. Adopted by the City Council this 27th day of August, 1985. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor s • A 40 (612) 587 -5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 M E M O R A N D U M DATE: August 21, 1985 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Preliminary and Final Plat of "Shady Haven" as Submitted by Richard and Linda Martin Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a preliminary and final plat. HISTORY On July 22, 1985, Richard & Linda Martin submitted an application for a preliminary and final plat to be known as "Shady Haven ". A public hearing was held at the regular meeting of the Planning Commission on Tuesday, August 20, 1985, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, August 8, 1985 and Tuesday, August 13, 1985. 3. Director of Engineering, Marlow Priebe outlined the necessary subdivision agreement for the property,in a memo dated August 9, 1985, with which Mr. and Mrs. Martin stated they would comply. The Utilities Commission requested that 10' utility easements be provided. The Martins stated that they would be provided. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned preliminary and final plat of "Shady Haven" be approved, contingent upon appropriate subdivision agreements being drawn up as per the Director of Engineering's recommendation and the 10' untility easements being provided. • Respectfully submitted, Roland Ebent, Chairman Hutchinson Planning Commisson q — jr37 12) 587 -5151 TY OF HUTCHI NSON SHINGTON AVENUE WEST INSON, MINN. 55350 M E M 0 DATE: August 9, 1985 f TO: Planning Counission & City Council FROM: Director of Engineering RE: Shady Haven Subdivision I have reviewed the proposed plat and recommend approval of same. A Subdivision Agreement will be required and will include the following items, as well as other standard requirements for subdivisions: 1. Parks and Playground contribution in the amount of $406.56. 2. The balance of the existing assessments to be assigned to the new lots It as per Subdividers request. 3. A sanitary sewer service lead and water service lead front he mains to Lot 2, shall be installed by the City, to serve all three lots and be assessed to the lots on an equal basis as per Subdivider's request. 4. Service leads to each individual lot will be the responsibility and expense of the Subdivider and /or individual lot owner. 5. The existing drainage across the proposed plat from McClure's First Addition shall be retained. Details to be completed before agreement is signed. 6. Lowest floor elevation for any structure is 1046.4 as per Ordinance. 7. Building setback from shoreline is 75 feet, as per State Department of Natural Resources. Marlow V. Priebe Director of Engineering MVP/PV n U q-j I a L; 0 13 1 C- 13 15 j r SM 40Y 14 17 2 \V Y IB i- ,r - '� t 3 � 1 RIDGE H2O I 4 to v r �11 ii� r; S lip9 21 IE.GH- I W I / 1 23.i h � cr ' II 6 � 7 8�•• p v+ 9 p p ` AREA TO BE PLATTED --- J Z SELL_. o f � 1� � I O W .l• 11 -' - i _ .W i ' SE IE NTH AVE, 1 -+w roc JR .1'DITIO' 1 2 q -s x -•an coal July 29,1965-'038 'S 14GVD -1929) war*, elevation .s 1045 0 accerd.ng to records of u S Corps of Enomeers, y,1 se.a. I I W i I&D 111 1 O 235.00 -- I 1"-"• • u— — — — — — — N ae in fire .... 2 ��G �., , N ; s ales• b e ` 588 07.43•W �Q ' .ace 0 - - - st.•.- 180.00- ;• 1 O � y. C save 1 Q . ' alb .1141.3 W .a4.1 a,• = r 1 �1.45.3 .xe .se.e .67.4 nP I 3 - ame . re.e •a.Z _- .sV-s - - 258.90 - 180.00 - s1'•- �[a. 35.00 - -- 471.90 -- . et.1 1 �- i E car. at 1 '28- ♦ S89040'00•W .••. si.. r.. ` I 'South 11ne of Gov't Lot 2, ;•••1 _ - g Sec 35, T. 117 y., 9 30 W. .:'• `. — _ ._ . -. -. J' •c': I • r Dra Wage ana •jr.•'ry easeme`rs are !horn tn„s I Sting 6 fees in width and odWiling lot lima unless otherwise indicated on the map. 0 SO e in feel Cr,e ^tar.on ;, rn c tro-•-; srs•e— s • Denotes iron monument found. o Denotes Iron monument set 11/2 inch by A inch iron pipe marred Oy License No- 9626.) s_ Denotes existing spot elevations. E sh. %DY- i i - -jr- Z ` 1 � � 1• • •�+ S ....• • List a,.s,r we o •• \ � — . 493.09 —• --, L :23500- — — -1 3 3sol � �. ` — — — — 225.aa -- ,.r• — — — ' -•— r : — — — ` i/ " ". 1 �a— — •a ,. � �., . .. — — — — — — — • Y •217. 31'- '-- - I I �..e••.. Y t-- 1r- axe t o � 4" s4L / / - u y`- - in N 1 r 1N 0 0 I I . .a.a I 1 r N .eLS - r Dra Wage ana •jr.•'ry easeme`rs are !horn tn„s I Sting 6 fees in width and odWiling lot lima unless otherwise indicated on the map. 0 SO e in feel Cr,e ^tar.on ;, rn c tro-•-; srs•e— s • Denotes iron monument found. o Denotes Iron monument set 11/2 inch by A inch iron pipe marred Oy License No- 9626.) s_ Denotes existing spot elevations. E RESOLUTION NO. 8106 RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT OF • SHADY HAVEN WHEREAS, Richard and Linda Martin of Hutchinson, prospective owners and subdividers of the property proposed to be platted as Shady Haven have submitted an application for approval of the preliminary and final plat of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described lands in McLeod County, to -wit; That part of the South Half of the South Half of Government Lot 2, Section 35, Township 117 North, Range 30 West of the Fifth Principal Meridian, described as beginning at the southeast corner of said Government Lot 2; thence northerly along the east line of said Government Lot 2 to the northeast corner of said South Half of the South Half; thence South 88 degrees 07 minutes 43 seconds West, along the south line of the plat of SHADY RIDGE as said plat is monumented, • to the easterly shore line of Campbell Lake (the north line of said South Ralf of the South Half is assumed to have a bearing of South 89 degrees 37 minutes 37 seconds West): thence southerly, along said shore line, to the south line of said Government Lot 2; thence easterly along said south line, to the point of beginning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of Shady Haven 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). n lJ 9 -J-1 Resolution No. 8106 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 27th day of August, 1985. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor 9 • (612) 587 -5151 8151, CITY OF HUTCHINSON ` 37 WASHINGTON AVENUE WEST - -_� HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 21, 1985 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as Submitted by Sumiko Nelson Pursuant to Section 6.05, B39 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 August 1, 1985, Mrs. Sumiko Nelson of Hutchinson submitted a request for a 13.25' variance to allow the construction of an attached garage 6' from the front yard property line on property located at 476 Bluff Street North. 40 A public hearing was held at the regular meeting of the Planning Commission on Tuesday, August 20, 1985, 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, August 8, 1985 and Tuesday, August 13, 1- 3• It was the consensus of the Planning Commission that the steep hill on the property was unique. It was also noted that the wide boulevard (201) allows for adequate parking. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a 13.25' variance be granted. Respectfully submitted, • Roland Ebent, Chairman Hutchinson Planning Commisson 9 -K I i S�.miko Ne.�x,n � i Horne- 476 lu .d. n I e I � Cparqa� I � Rdd�►on I i _ I L pro pe r i rat CIL � r 6� N Ll E= — /I/ --Z cs vim/ P 9 9 -k. • RESOLUTION NO. 8105 RESOLUTION GRANTING VARIANCE UNDER SECTION 6.05, B.3 OF ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF AN ATTACHED GARAGE 13.25' FROM THE FRONTYARD PROPERTY LINE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mrs. Sumiko Nelson of Hutchinson has applied for a variance from Section 9 3.a of Zoning Ordinance No. 464 for a variance of 13.25' to allow the construction of an attached garage 6' from the frontyard property line on property located at 476 Bluff Street North, with the following legal description: North 62' of S 198', Lot 1, Block 14 North Half City 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be granted. 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. 1 -K RESOLUTION No. 8105 Page 2 CONCLUSION The application for variance for the purpose designated is granted based upon the findings set forth above. Adopted by the City Council this 27th day of August, 1985. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor 10 n U (612) 587 -5151 HUTCH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST _ f _ HUTCHlNSON, MINK, 55350 M E M O R A N D U M DATE: August 21, 1985 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: George Herbert Sketch Plan (within two -mile radius) The Planning Commission recommends that aforementioned sketch plan be approved. 1p u 0 q-Lf (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: August 9, 1985 TO: Planning Commission and \/City Council FROM: Director of Engineering RE: George Herbert Sketch Plan I recommend approval of the concept to plat the area as shown in the Sketch Plan. Before a Preliminary Plat is considered, the following data, commitments or or requirements should be submitted or need to be met: a. Topographic survey data of entire plat. At least 200 feet outside of plat on the West and North sides. To the East right -of -way of T.H. 15 on the East side. To County Road 76 on the South side. b. Preliminary Plat shall show proposed drainage on each lot and where drainage from plat will flow to. c. Street grades on all proposed roadways in the plat with drainage culverts shown, where needed. d. Subdivider will sign a Subdivision Agreement with City, that will be recorded by the City. e. Subdivider or property owners will be required to make a Parks & Playground contribution, when the plat is annexed, based on City Schedule. 6 f. All improvements made subsequent to annexation will be paid by each lot on an equal basis. g. Improvements referred to in "f' would include sanitary sewer, watermain, — storm sewer, curb and gutter, street grading, street base and street surfacing. h. No costs for above - referenced improvements of or on the roadway abutting the South line or West line of the plat will be paid by abutting property owners. i. All lots shall be platted for residential use as per our Comprehensive 9- 4�6 Planning Commission and-City Council George Herbert Sketch Plan August 9, 1985 Page 2 16 Plan. No commercial zoning to be allowed. Action by Township on Preliminary Plat will have to be submitted to City before being placed on Planning Comtission Agenda. MVP /pv cc: George Herbert Ed Homan 0 Is Marlow V. Priebe Director of Engineering (612) 587 -5151 f'' HUTCH CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST AL HUTCHINSON, MINN. 55350 • 0 M E M O R A N D U M DATE: August 21, 1985 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit Submitted by Jim Heikes (within two mile radius The Planning Commission has no objection to the proposed use (Retail Sales - furniture) at the Minnesota Fun location on Hwy 7 East. q- M 0 f �R r0UR �NF p Minutes onmrlo Hutchinson Planning Commission Tuesday, August 20, 1985 1. CALL TO ORDER The meeting was called to order by Chairman Roland Ebent at 7:30 p.m., with the following members present: Marlin Torgerson, Elsa Young, Don Erickson, Shu -Mei Hwang, Larry Romo and Chairman Ebent. Members absent: Thomas Lyke. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow Priebe and City Attorney James Schaefer. 2. MINUTES The minutes of the regular meeting dated Tuesday, July 16, 1985, were apporoved as presented on a motion by Mr. Torgerson. Seconded by Mr. Romo, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF VACATION OF EASEMENT AS PETITIONED BY PAT SPAUDE Chairman Ebent opened the public hearing at 7:35 p.m. with the reading of publication #3444 as published in the Hutchinson Leader on Thursday, August 8, and Tuesday, August 13, 1985. The petition is for the vacation of a 6' by 130' utility easement on property • described as Lot 2, Block 29 Helland's Third Addition. Chairman Ebent explained that the Planning Commission had recommended approval of the vacation of Park Lane as petitioned by Mr. Spaude in February of 1985. This created a new lot line and new utility easements along that line were established. The existing utility easement was overlooked at the time and Mr. Spaude cannot proceed with his building plans until the easement is vacated. Mr. Erickson made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 7:38 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the vacation as requested. The motion was seconded by Mr. Hwang. Discussion followed regarding plans for a future street behind the lots in question. City Administrator Plotz explained that it was his understanding that there would be another street between-7th and 8th avenues rather than a central green area as once planned. The motion to recommend approval of the petition to vacate the easement carried unanimously. (b) CONSIDERATION OF VACATION OF STREET AS PETITIONED BY PURE CULTURE PRODUCTS Chairman Ebent opened the public hearing at 7:40 p.m. with the reading of publication $3445 as published in the Hutchinson Leader on Thursday, August 8, and Tuesday, August 13, 1985. The request is to • vacate the Washington Street right of way 39' south of the north property line of property abutting Lots 4, 5, 6, 7, 8, 9 and 10 of (c) Block 46 North 112 City. Staff recommended approval as the remaining 60, is adequate for a • street. Mr. Torgerson stated that he had received notice from the Hutchinson Utilities Company that they would like an easement for a 6" gas main located southwest of the spur track; other than that, they have no objections to the request. Administrator Plotz explained that the request is to provide room for a loading dock for unloading raw materials. The new loading area would be a much safer area than they have at present as the material is flammable (alcohal). Chairman Ebent stated his concern about the fairness of granting such a vacation. He felt that it would be more fair to grant a 19.5' vacation, leaving the 601 required for a street and 19.5' for the property owners to the south, in the event that they might ask for a vacation. He also stated his concern about traffic going west on Washington driving into the wrong lane of oncoming traffic. Director Priebe stated that the street is used mainly by Pure Culture Products and Hutch Agri -Tech. There is only one residence on the south side of the street. Mr. Romo stated that he had no problem with the request because of the location. Mr. Erickson asked if a site plan could be provided. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Erickson, the motion carried unanimously and the hearing was closed at 7 :54 p.m. Mr. Romo made a motion to recommend to City Council approval of the vacation as requested, contingent upon the 6" easement for the gas main and any other necessary easements being provided, and upon a site plan of the proposed loading dock being provided for the City Council meeting. Seconded by Mr. Torgerson, the motion carried, with Chairman Ebent voting "no ". CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY GAIL PLAISANCE Chairman Ebent opened the hearing at 7:55 p.m. with the reading of publication #3446 as published in the Hutchinson Leader on Thursday, August 89 and Tuesday, August 13, 1985. The request is for a 191 variance to allow the construction of an attached double garage,with living area,61 from the rearyard property line, and a variance to allow a 7' by 201 deck on the north side of the existing house on property located at 509 Linden Avenue. Mr. Gail Plaisance was present to explain that since he had discussed this with the Planning Commission (June meeting), the contractor had recommended that living space be added above the proposed garage. Other than that, the request was what had been discussed previously. • 2 i • C� Chairman Ebent explained that this fact that the rearyard appeared as that he thought 31' was a large ga. wasn't affected by the variance be sideyard was allowed. situation was unusual due to the a sideyard: Mr. Romo commented age. It was noted that the length ause the required 6' on the City Administrator Plotz stated that the staff recommendation was based upon the fact that the variance would allow the site to be more aesthetically pleasing. During discussion it was noted that by forcing a detached garage on the property by denying the variance would be defeating the purpose of having a more attractive site. The variance would not create a safety or health hazzard. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously and the hearing was closed at 8 :07 p.m. Mr. Romo made a motion to recommend to City Council approval of the variance as requested. Seconded by Mr. Hwang, the motion carried unanimously. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "SHADY HAVEN" AS PROPOSED BY RICHARD AND LINDA MARTIN Chairman Ebent opened the hearing at 8:05 pm. with the reading of publication #3447 as published in the Hutchinson Leader on Thursday, August 8, and Tuesday, August 20, 1985. The proposed plat is located on the west side of Shady Ridge Road and is described as "That part of the South Half of the South Half of Government Lot 2, Section 35, Township 117 North, Range 30 West of the Fifth Principal Meridian, described as beginning at the southeast corner of said Government Lot 2; thence northerly along the east line of said Government Lot 2 to the northeast corner of said South Half of the South Half; thence South 88 degrees 07 minutes 43 seconds West, along the south line of the plat of SHADY RIDGE as said plat is monumented, to the easterly shore line of Campbell Lake (the north line of said South Half of the South Half is assumed to have a bearing of South 89 degrees 37 minutes 37 seconds West): thence southerly, along said shore line, to the south line of said Government Lot 2; thence easterly along said south line, to the point of beginning. Richard Martin was present to explain the proposal. He explained that the unusual contour of the property (ravines, low spots, etc.) allowed for only three building sites: He was aware of Director Priebe's memo outlining requirements for the subdivision agreement that will be required and stated they would be in compliance with those requirements. Mr. Ebent read a letter from the Utilities Commission asking for 10' utilities easements on all lot lines. It also stated that after the utilities are installed, if any lot lines change, the developer would bear the cost of moving utilities. Mr. Martin stated that they would provide the 10' easements as requested. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Romo, the motion carried unanimously and the hearing was closed at 8 :09 p.m. Mr. Torgerson made a motion to recommend to 3 PLANNING COMMISSION MINUTES - 8/20/85 City Council approval of the preliminary and'final plat with the 10' utility easements as requested, and contingent upon the subdivision agreement including the recommendations as per Director Priebe's memo. Seconded by Mr. Erickson, the motion carried unanimously. (e) CONSIDERATION OF VARIANCE AS REQUESTED BY SUMIKO NELSON Chairman Ebent opened the hearing at 8:10 p.m. with the reading of publication #3448 as published in the Hutchinson Leader on Thursday, August 8, and Tuesday, August 13, 1985. The request is for a 13.25 variance to allow the construction of an attached double garage 6' from the frontyard property line on property located at 476 Bluff Street North. Chairman Ebent read staff's recommendation for approval based upon unusual circumstances (steep hill), excessive boulevard width, and the fact that there are no long range plans for sidewalk. Mr. Torgerson commented that he had gone to look at the site and noted the very high hill and the fact that most of the garage would not be seen. He noted that this is the only lot served from the Bluff Street side and that the other homes get to their garages from the alley. Chairman Ebent noted his concern that the Commission may be setting a precedent by granting a variance to allow a garage 6' from the frontyard property line. It was noted that similar variances have already been granted. • Mr. Romo stated that he felt the situation was unique because of the steep hill. He also stated that the wide boulevard would allow enough room for off - street parking. Julie Schaefer was present to state that the existing situation would have to be corrected as the wall was giving way to allow rain and snow to go run down into the house. She stated that maintenance was a problem for her mother, Mrs. Nelson. They did not feel that put- ting the garage in the back was a solution. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously and the hearing was closed at 8 :20 p.m. Mr. Romo made a motion to recommend to City Council approval of the variance as requested. Seconded by Mr. Torgerson, the motion carried unanimously. 4. OLD BUSINESS (a) CONSIDERATION OF SKETCH PLAN AS SUBMITTED BY GEORGE HERBERT TO THE COUNTY (WITHIN THE TWO MILE RADIUS) Director Priebe explained that he recommended approval of the concept of the sketch plan as it had been changed and was now being presented. He stated that when the Preliminary Plat is presented with more detail and contours they will be better able to review the possible and water problems in the area. He noted that it would be some time before this would come into the City, but that roadway 4 PLANNING COMMISSION MINUTES - 8/20/85 costs could be extensive. After discussion, Mr. Torgerson made a motion to recommend approval of the preliminary sketch plan, with all stipulations as listed by Director Priebe. Seconded by Mr. Erickson, the motion carried unani- mously. (b) REVIEW OF MILLER TOWNHOUSE THIRD ADDITION Director Priebe presented the layouts of this P.U.D. as it was progressing. He noted some minor changes, as in the number of Units per building (2 rather than 3). 5. NEW BUSINESS (a) CONSIDERATION OF FINAL PLAT OF HASSAN HEIGHTS (WITHIN TWO MILE RADIUS) Director Priebe stated that they had completed the subdivision agreement with Mr. Herb Filk (developer) and it would be recorded with the final plat. He noted that this is the first such subdivision agreement with a developer outside the City limits. Mr. Torgerson made a motion to recommend approval of the final plat as presented. Seconded by Mr. Hwang, the motion carried unanimously. (b) DISCUSSION OF SIGN REQUEST BY HENNEN FURNITURE • City Administrator Plotz explained that Hennen Furniture had requested to put up a sign on their property on the south end of the City (near the Prairie House south) advertising their downtown business. As per City sign ordinance, the City had denied the permit. He further explained that the letter from Hennen Furniture explaining the request was to make the Planning Commission aware of their disagreement with the policy. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUEST AS SUBMITTED TO THE COUNTY BY JIM HEIKES (within two mile radius) Director Priebe explained that Mr. Heikes is requesting a conditional use permit to allow retail sales (furniture) in the B -1 Highway Business District. The land use 1s compatible with what the City projects would happen in that area (C -4). After discussion, Mr. Erickson made a motion to recommend that the City state they have no objection to the land use (retail sales) as proposed. Seconded by Mrs. Young, the motion carried unanimously. (d) REVIEW OF PROPOSED PLANNING COMMISSION BUDGET FOR 1986 City Administrator Plotz presented the budget as proposed. After review, Mrs. Young made a motion to accept the proposed budget. Seconded by Mr. Romo, the motion carried unanimously. (e) REVIEW OF SECTION FIVE (5) SUBDIVISION ORDINANCE #466 5 PLANNING COMMISSION MINUTES - 8/20/85 Director Priebe presented suggested changes for Section five. 6. ADJOURNMENT 0 There being no further business, Mr. Torgerson made a motion to adjourn the meeting. Seconded by Mrs. Young, the motion carried unanimously and the meeting was adjourned at 9;07 p.m. • 0 11 • • August 21, 1985 �o City of Hutchinson City Hall 37 Washington Ave. N. Hutchinson, MN. 55350 Attn: Gary Plotz, City Administrator r A t� 23��2Sc� —+ UG 1985 N RECEIVED 1 v 68L95ti5' RE: Industrial Revenue Bond, Preliminary resolution Americ Inn Expansion Project, Hutchinson, MN. Dear Gary, This letter is written in response to conversations with John Bernhaugen regarding the changes in Industrial Revenue Bond funding regulations. In light of the benefit for the city to maintain the $500,000. allocation of Industrial Revenue Bond funding I am willing at this time to discontinue my efforts in placing the bonds for the Americ Inn in order to make available the usage of the allocation for other potential projects in Hutchinson. Although I regret losing this method of financing, my concern is that the pace of the project may jeopardize the usage of the funds by another commercial- industrial project which would be beneficial to all of us in the city of Hutchinson. I would ask that due to this release on my part, con- sideration be given to the refund of the $1,000. deposit and $850. auditor's fees. Please advise if any additional documentation is required. i *Wilhelmson i 11869 Evergreen Circle Coon Rapids, MN. 55433 cc: John Bernhaugen /0 -a l M BND- bethke • August 22, 1985 • RESOLUTION NO. 8107 RESOLUTION AUTHORIZING THE ISSUANCE OF THE CITY'S $1,200,000 INDUSTRIAL DEVELOP- MENT REVENUE NOTE (BETHKE PROJECT) BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: Section 1. Definitions. 1.01. In this Resolution the following terms have the following respective meanings: "Act" means the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; "Agreement" means the Loan Agreement, dated as of August 11 1985, between the City and the Borrower; "Asst nment" means the Assignment of Rents and Leases,, dated of August 1, 1985, given by the Bor- rower in favor of the Lender; "Borrower" means collectively Larry Henry Bethke and Sherry Lynn Bethke, their successors, heirs and permitted assigns; "Building" means the Building as defined in the Agreement; "City" means the City of Hutchinson,. Minnesota, its successors and assigns; "Costs of Construction" means those costs defined as Costs of Construction in the Agreement; "Disbursement Agreement" means the Agreement, dated as of August 1, 1985, by the City, the Borrower, and the Lender; Disbursement and between "Equipment" means the Equipment as that term is defined in the Agreement; "Holder" means the Lender and any subsequent owner(s) of the Note; - 1 - lD -Q, "Land" means the real property described in the Mortgage; r "Lender" means Citizens Bank 6 Trust Co., in Hutchinson, Minnesota, its successors and assigns; "Mortgage" means that certain Mortgage, Security Agreement, and Fixture Financing Statement, dated as of August 1, 1985, given by the Borrower in favor of the Lender; "Note" means the $1,200,000 principal amount Industrial Development Revenue Note (Bethke Project), dated as of the date of delivery thereof, issued by the City to the Lender pursuant to the Resolution; "Pledge Agreement" means the Pledge Agreement, dated as of August 1, 1985, between the City and the Lender; "Project" means the Building and the Equipment to be acqui— `reed, constructed, and installed upon the Land, as defined in the Agreement; "Resolution" means this resolution of the City Council. • Section 2. Findings. 2.01. It is hereby found and declared that: (a) based upon representations made to the City by representatives of the Borrower as to the nature of the Project as described in the Agreement, the Project con- stitutes a project authorized by the Act; (b) the purpose of the Project is and the effect thereof shall be to promote the public welfare by the attraction, encouragement, and development of economic- ally sound industry and commerce so as to prevent the emergence of or to rehabilitate, so far as possible, blighted and marginal lands and areas of chronic un- employment, the retention of industry to use the avail - able resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, halting the movement of tal- ented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities and more intensive development of land avail- able in the community; • - 2 - (c) the financing of the Project, the issuance and • sale of the Note, the execution and delivery of the Agreement, the Pledge Agreement, and the Disbursement Agreement, and the performance of all covenants and agreements of the City contained in the Note, the Agree- ment, the Pledge Agreement, and the Disbursement Agree- ment and of all other acts and things required under the Home Rule Charter (the "Charter ") of the City and the Constitution and laws of the State of Minnesota to make the Note, the Agreement, the Pledge Agreement, and the Disbursement Agreement valid and binding obligations of the City in accordance with their terms are authorized by the Act; (d) it is desirable that the Note in the principal amount of $1,200,000 be issued by the City upon the terms set forth herein and that the City pledge its interest in the Agreement and grant security interest therein to the Lender as security for�he payment of the principal of, premium, if any, and interest on the Note; (e) the Loan Repayments provided in the Agreement are fixed and are required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of the princi- pal of, premium, if any, and interest on the Note when • due, and the Agreement also provides that the Borrower is required to pay all expenses of the operation and maintenance of the Land and the Project, including, but not limited to, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Land and payable during the term of the Agreement; (f) under the provisions of Minnesota Statutes, Section 474.10, the Note is not to be payable from nor charged upon any funds of the City other than the reve- nue pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon nor to enforce payment thereof against any pro- perty of the City; the Note, premium, if any, and in- terest thereon shall not constitute an indebtedness of the City within the meaning of any constitutional, Char- ter or statutory limitation and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than its interest in the Project; - 3 - (g) the execution and delivery of the Note, the Agreement, the Pledge Agreement, and the Disbursement • Agreement shall not conflict with or constitute, on the part of the City, a breach of or a default under any existing agreement, indenture, mortgage, lease, or other instrument to which the City is subject or is a party or by which it is bound; provided that this finding is made solely for the purpose of estopping the City from deny- ing the validity of the Note, the Agreement, the Pledge Agreement, or the Disbursement Agreement by reason of the existence of any facts contrary to this finding; (h) no litigation is pending or, to the best know- ledge of the members of this City Council, threatened against the City questioning the organization or boun- daries of the City or the right of any officer of the City to hold his or her office or in any manner ques- tioning the right and power of the City to execute and deliver the Note or otherwise questioning the validity of the Note or the execution, delivery, or validity of the Agreement, the Pledge Agreement, or the Disbursement Agreement or questioning the pledge of revenues to pay- ment of the Note or the right of the City to loan the proceeds of the Note to the Borrower; (i) all acts and things required under the Charter • and the Constitution and the laws of the State of Minne- sota to make the Note, the Agreement, the Pledge Agree- ment, and the Disbursement Agreement the valid and bind- ing obligations of the City in accordance with their terms shall have been done upon adoption of this Resolu- tion and execution of the Note, the Agreement, the Pledge Agreement and the Disbursement Agreement; (j) the City, a municipal corporation and poli- tical subdivision of the State of Minnesota, is duly organized and existing under its Charter and the Consti- tution and the laws of the State of Minnesota and is authorized to issue the Note in accordance with the Act; and (k) the City shall allocate $1,200,000 of its bonding authority to the issuance of the Note and further certifies that the allocation of bonding authority to the Note was not made in consideration of any bribe, gift, gratuity, or direct or indirect contri- bution to any political campaign. Section 3. Authorization and Sale. 3.01. Authorization. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to . - 4 - business enterprises to finance the acquisition, construc- tion,, and installation of facilities constituting a "proj- ect," as defined in the Act, and to make all contracts, execute all instruments, and do all things necessary or con- venient in the exercise of such authority. 3.02. Preliminary CitX Approval. By resolution duly adopted by the City Council on March 13, 1985, after a public hearing held on that date, this City Council gave preliminary approval to financing the the acquisition, con- struction, and installation of the Project through the issu- ance of the Note. 3.03. Approval of Documents. Pursuant to the fore- going, there have been prepared and presented to the City Council copies of the following documents, all of which are now or shall be placed on file in the office of the City Clerk: (a) the Agreement; (b) the Mortgage and the Assignment; (c) the Pledge Agreement; and (d) the Disbursement Agreement. • The forms of the documents listed in (a) through (d) above are approved, and the officers of the City are hereby autho- rized to execute the same with such variations, insertions, and additions as are deemed appropriate by such officials, as evidenced by their execution thereof. The documents listed in (b) above, being documents to which the City is not a party, will not be executed by the City. Section 4. Authorizations. 4.01. Upon the completion of the Agreement, the Pledge Agreement, and the Disbursement Agreement approved in Sec- tion 3.03 hereof and the execution thereof, the City offi- cials are authorized to execute and deliver the Note, in substantially the form approved in paragraph 5.01 hereof, and the officers of the City are authorized to execute such other certifications, documents, or instruments as Bond Counsel shall require, and all certifications, recitals, and representations therein shall constitute the certificates, recitals, and representations of the City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute and shall be deemed the con- clusive evidence of the approval and authorization by the City and the City Council of the instrument or document so • executed. - 5 - Section 5. The Note. • 5.01. Form and Authorized Amount. The Note is hereby authorized to be issued and s a e issued substantially in the form presented to the City Council and set forth as Exhibit A to this Resolution, with such appropriate varia- tions, omissions, and insertions as are permitted or re- quired by this Resolution, in the principal amount of $1,200,000. The offer of the Lender to purchase the Note at a price of par is found reasonable and is hereby accepted. The terms of the Note are set forth therein, and such terms, including, but not limited to, provisions as to interest rate, dates and amount of payment of principal and interest, and prepayment privileges, are incorporated by reference herein. The Note shall in all events contain a recital that it is issued pursuant to and in accordance with the Act. 5.02. Execution. The Note shall be executed on behalf of the City y the manual signatures of the Mayor and the City Administrator, which shall be attested by the manual signature of the City Clerk, and shall be sealed with the City's corporate seal, and the Certificate of Registration shall be signed by the Note Registrar. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery thereof, such signature • shall nevertheless be valid and sufficient for all purposes. 5.03. Mutilated, Lost, and Destroyed Note. In case the Note shall become mutilate or be lost or destroyed,, the City shall cause to be executed and delivered a new Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note or in lieu of and in substitution for such Note lost or destroyed, upon the Holder's paying the reasonable expenses and charges of the City in connection therewith and, in case the Note is destroyed or lost, filing with the City evidence satisfactory to it of such loss or destruction. 5.04. Assignment. The Lender is hereby designated as Note Registrar (the "Note Registrar ") and shall keep a Note Register in which, subject to such reasonable regulations as it may prescribe, the Note Registrar shall provide for the registration of transfer of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer duly executed by the Lender or its duly authorized agent in the following form: CQ' For value received hereby • sells, assigns and transfers unto the within Note of the City of Hutchinson, Minne- sota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of the Note Regi- strar with full power of substitution in the prem- ises. The undersigned certifies that the transfer be made in accordance with the provisions of the Note Resolution of the City. Upon such transfer the Note Registrar shall note the date of registration and the name and address of the new Holder of the Note in the Note Register and in the regi- stration blank appearing on the Note. 5.05. Delivery and Use of Proceeds. Prior to delivery of the Note, the ocuments referred to in Section 3.03 here- of shall be completed and executed, and an original, exe- cuted counterpart of each such document shall be delivered to the Lender. The City shall thereupon deliver to the Lender the Note in the principal amount of $1,200,000 together with a copy, duly certified by the City Clerk, of this Resolution and such closing certificates as are re- quired by Bond Counsel. • Upon delivery of the Note and the above items to the Lender, the proceeds of the Note shall be deposited in a Construction Fund hereby created, to be maintained by the Lender, and disbursement of such proceeds shall be made to the Borrower in reimbursement of or to its order, for pay- ment of costs of Construction pursuant to the provisions of the Agreement and the Disbursement Agreement. Any surplus in the Construction Fund shall be applied toward prepayment of the Note as provided in the Agreement and shall not be invested to produce a yield greater than the yield on the Note as required by Internal Revenue Ser- vice Revenue Procedures 79 -5 and 81 -22 and any regulations amendments or modifications thereto; provided that if the Lender receives an opinion of Bond Counsel that the exemp- tion from federal income taxation of the interest on the Note will not be jeopardized, the surplus funds may be in- vested at a yield greater than the yield on the Note. 5.06 Issuance of New Note. The City shall, at the request and expense of the Lender, issue new Notes, in an aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly payment payable thereunder, and be registered by the Note Registrar • in the name of the Lender or such transferee as may be des- ignated by the Lender. 7 Section 6. Limitations of the City's Obligations. • 6.01 Notwithstanding anything contained herein or in the Note, the Agreement, the Pledge Agreement, or the Dis- bursement Agreement or any other documents referred to in Section 3.03 hereof, the Note, the principal thereof, pre- mium thereon, if any, and interest thereon and the Agree- ment, the Pledge Agreement, and the Disbursement Agreement shall not constitute any indebtedness of the City within the meaning of any constitutional, Charter, or statutory limi- tation and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than its interest in the Project, and no Owner of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon or to enforce payment thereof against any property of the City other than its interest in the Project. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Note, the Agreement, the Pledge Agreement, or the Disbursement Agree- ment and the other documents listed in Section 3.03 hereof shall be subject at all times to the availability of reve- nues furnished by the Borrower sufficient to pay all costs • of such performance or the enforcement thereof, and neither the City nor any of its officers, employees, or agents shall be subject to any personal or pecuniary liability thereon. Section 7. City Representative. 7.01. The City Administrator and the Mayor of the City are hereby designated and authorized to act on behalf of the City as the City Representative and alternate City Repre- sentative, respectively (as defined in the Agreement). Adopted by the Hutchinson City Council on 1985. Attest: , City Clerk MuM Mayor Exhibit A (Form of Note) No. R -1 $11200,000 STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON Industrial Development Revenue Note (Bethke Project) The City of Hutchinson, Minnesota (the "City "), hereby acknowledges itself to be indebted and, for value received, promises to pay to Citizens Bank & Trust Co., in Hutchinson, Minnesota, or to its successors or registered assigns (the "Lender" or "Registered Owner "), from the source and in the manner hereinafter provided, the principal amount of ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000) on the dates and in the principal amounts hereinafter provided, and the City further promises to pay to the Lender interest from the date hereof on the outstanding portion of the principal • amount hereof (the "Principal Balance "), until the same is paid, at the rate of percent (_%) per annum (the "Initial Interest Rate "), or at such other rate or rates of interest determined as hereinafter provided. All payments due on this Note are payable on the first day of each month, commencing September 1, 1985 (the "Pay- ment Dates "), at the offices of the Lender, or at such other place or places as the Lender may specify to the City and the Borrower (hereinafter defined) in writing from time to time, in any coin or currency of the United States of America which on the date of payment thereof is legal tender for public and private debts. From the date hereof through the ' Payment Date, interest only shall be paid. In addition to the abovementioned interest, during the period commencing on the date hereof and ending on , this Note shall bear additional interest in the amount of $ (the "Additional Interest "), which Additional Interest shall be payable to the Lender in installments of $ on each of the first five Payment Dates. A - 1 From and after , the Principal Balance shall • be amortized at the Initial Interest Rate and paid in A - 1 consecutive monthly installments payable on said date and on each Payment Date thereafter to and including August 1, 2000 (the "Final Maturity Date "), at which time the Principal Balance and all accrued and unpaid interest borne by this Note shall be paid in full. On August 1 of the years 1990 and 1995 (the "Interest Rate Adjustment Dates "), the rate of interest on this Note shall be adjusted to the sum of (a) one percent (1.00$) plus (b) the interest rate payable on United States Treasury Bills maturing in five (5) years issued most recently prior to the applicable Interest Rate Adjustment Date. Upon a change in the interest rate borne by this Note on each Interest Rate Adjustment Date, the monthly payments shall be accordingly adjusted to amortize the remaining Principal Balance in equal monthly installments at said adjusted rate of interest from the date of such adjustment to the Final Maturity Date. If the interest on this Note should become generally subject to federal income taxation pursuant to a "Deter- mination of Taxability" (as defined in the hereinafter de- fined Agreement), the Lender may, at its option, elect (a) to declare the entire unpaid Principal Balance and all un- paid accrued interest on this Note to be immediately due and payable in full or (b) to adjust the interest rate borne by this Note to a variable rate equal to (i) the rate announced . by the Lender as its Base Rate, as the same may fluctuate from time to time, plus (ii) two percent (2.00$), effective as of the Date of Taxability (as defined in the Agreement), and if as a result of a Determination of Taxability, the Lender elects option (b) above, the interest rate adjust- ments provided in the preceding paragraph shall no longer apply, and the monthly payment due on each Payment Date shall be adjusted to an amount equal to the accrued interest on the Principal Balance plus a principal amount equal to the principal amount of each such monthly payment which would have been payable by the Borrower hereunder if the rate of interest in effect on the Date of Taxability had remained in effect until the Final Maturity Date. The Principal Balance of this Note is subject to optional prepayment in whole or in part on any Payment Date, at the option of the Borrower and upon thirty (30) days' prior written notice by the Borrower to the City and the Lender, at a price of par plus accrued interest to the date of such prepayment. This Note is subject to mandatory redemption upon the occurrence of an Event of Default (as defined in the Agree- ment), upon the Borrower's failure to comply with its obli- gations following a Casualty to the Project (as provided in • A - 2 the Agreement), upon the occurrence of certain transfers or encumbrances of the Project (as provided in the Agreement), and in the event that excess proceeds of this Note remain in the Construction Fund following completion of the Project. Each such mandatory redemption shall be at a price of the Principal Balance of this Note and all accrued interest to the date of redemption, except that a prior redemption arising due to the availability of excess Note proceeds shall be a redemption in part, to the extent of such pro- ceeds. In the event of prepayment of this Note, and except as otherwise provided herein, the Lender shall apply any such prepayment against the accrued interest on the Principal Balance and then against the Principal Balance, and the monthly payments due on this Note shall be accordingly reduced to amortize the then remaining Principal Balance over the remaining term hereof at the interest rate then in effect. This Note is the sole obligation of a duly authorized issue designated as "Industrial Development Revenue Note (Bethke Project)," dated as of the date of delivery thereof (the "Note "), issued as a fully registered Note without interest coupons in the principal amount of $1,2001000 pur- suant to and in full conformity with Minnesota Statutes, • Chapter 474 (the "Act "), and a resolution of the City Coun- cil of the City, adopted on , 1985 (the "Note Reso- lution"). The Note is equally and ratably secured by a Mortgage, Security Agreement, and Fixture Financing State- ment (the "Mortgage ") and an Assignment of Rents and Leases (the "Assignment "), both dated as of August 1, 1985, exe- cuted by Larry Henry Bethke and Sherry Lynn Bethke, husband and wife (collectively, the "Borrower "), in favor of the Lender. The Note has been issued to provide funds to the Borrower to finance a portion of the cost of constructing a 53 room hotel facility in the City (the "Project ") pursuant to a Loan Agreement, dated as of August 1, 1985, between the City and the Borrower (the "Agreement "). All right, title, and interest of the City in the Agreement, except for the City's rights to indemnification and reimbursement of expenses, have been pledged to the Lender pursuant to a Pledge Agreement, dated as of August 1, 1985 (the "Pledge Agreement "). The proceeds of the Note are required to be placed in the Construction Fund established pursuant to the Note Resolution, to be disbursed therefrom in accordance with the terms and conditions of a Disbursement Agreement, dated as of August 11 1985, by and between the Borrower, the City, the Lender, and , a Minnesota corporation (the "Disbursement Agreement "). A - 3 The City, for itself, its successors, and assigns, here- by waives demand, presentment, protest, and notice of dis- honor. The remedies of the Lender, as provided herein and in the Mortgage, the Assignment, the Agreement, the Pledge Agreement, and the Disbursement Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively, or together, at the sole discretion of the Lender, and may be exercised as often as occasion there- for shall occur, and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and then only to the extent specifi- cally set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may be transferred or exchanged, as provided in the Note Resolution, only upon the Note Register kept by Citizens Bank & Trust Co., as Note Registrar, for such pur- pose, by the Lender in person or by its attorney duly authorized in writing, upon surrender hereof together with a • written instrument of transfer or exchange in the form specified in the Note Resolution duly executed by the Lender or such duly authorized attorney, and thereupon, at the request and expense of the Lender, the City shall issue and deliver in the name of the designated transferee or trans- ferees a new Note or Notes of the same aggregate principal amount, designation, maturity, and interest rate as the surrendered Note and in any authorized denomination, all as provided in the Note Resolution. The City and the Note Registrar may treat and consider the Lender of this Note as the holder and absolute owner hereof for the purpose of receiving payment of or on account of the principal or redemption price hereof and interest due hereon and for all other purposes whatsoever. The City and its authorized officials or agents shall not be personally liable on this Note or for any act or omission related to the authorization or issuance hereof. The Note is a special and limited obligation of the City, is payable solely from the revenues pledged therefor pursuant to the Agreement and the Pledge Agreement, does not constitute a debt of the City within the meaning of the City's Home Rule Charter (the "Charter ") or of any consti- tutional or statutory limitation whatsoever, does not con- stitute or give rise to a pecuniary liability of the City or A - 4 a charge against the general credit or taxing powers of the City, and does not constitute a charge, lien, or encum- brance, legal or equitable, upon any property of the City other than the City's interest in the Project pledged to the Lender pursuant to the Pledge Agreement. Neither the Lender nor any other person shall ever have the right to compel any exercise of the taxing power of the City to pay the prin- cipal of or interest on the Note or to enforce payment against any property of the City other than the property pledged to the Lender as security for the Note pursuant to the Pledge Agreement. It is hereby certified and recited that the Project constitutes a project within the meaning of Section 474.02, Subdivision la, of the Act and that all conditions, acts, and things required by the Charter and the Constitution and laws of the State of Minnesota to exist, to have happened, and to be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form, time, and manner as required by law. IN WITNESS WHEREOF, the City of Hutchinson, Minnesota, has caused this Note to be duly executed by the manual signatures of its Mayor and City Administrator; has caused said signatures to be attested by the manual signature of the City Clerk; has caused the official seal of the City to • be impressed hereon; and has caused this Note to be dated August 27, 1985. ATTEST: City Clerk (SEAL) CITY OF HUTCHINSON, MINNESOTA A - 5 Mayor City Administrator CERTIFICATE OF REGISTRATION It is hereby certified that at the request of the Reg- istered Owner of the within Note the Note Registrar has this date registered it as to principal and interest in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purpose: Name of Registered Date of Owner Registration Citizens Bank & Trust Co. M i Authorized Signature of Note Registrar 0 • • Clerk Certificate I, the undersigned, being the duly qualified and acting Clerk of the City of Hutchinson, Minnesota, hereby certify that I have carefully compared the attached and foregoing resolution with the original thereof on file in my office and further certify that the same is a full, true and com- plete transcript therefrom, insofar as the same relates to the approval of the issuance of a note of the City to finance a commercial or industrial development project for Larry Henry Bethke and Sherry Lynn Bethke. I certify that Councilmember intro- duced said resolution, Councilmember moved its adoption, which motion was duly seconded y Council - member , and upon roll call, the "Ayes," "Abstains" an 'Nays were as follows: AYES ABSTAINS NAYS Whereupon the resolution was declared duly passed and adopted. I further certify that said resolution was duly adopted by the Hutchinson City Council on August 27 , 1985, at a duly called and regularly held regular or special meeting thereof. WITNESS my hand officially as such Clerk and the corpo- rate seal of the City this 28 day of August , 1985. (SEAL) City Clerk Hutchinson, Minnesota State of Minnesota ) County Auditor's Certificate County of McLeod ) of Registration of Note I, the undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted by the City Council of the City of Hutchinson, Minnesota, on , 1985, authorizing the issuance of the City's $1,200,000 Industrial Development Revenue Note (Bethke Project), dated as of the date of delivery thereof. I further certify that said Note has been entered on the register of obligations kept in my office as required by Minnesota Statutes, Sections 475.62 and 475.63. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on , 1985. County Auditor (SEAL) McLeod County, Minnesota • REGULAR COUNCIL MEETING August 27, 1985 WATER & SEWER FUND cash advance for 8 day school $150.00 • Kaye Link Logis workshop $ 3.98 Diane Olson Logis workshop 25.10 Mn. Dept. Labor $ Ind. fine 70.00 Blue Cross Blue Shield Aug. $ Sept. med. ins. 2707.12 Canada Life Assurance Soc. Aug. dental ins. 179.83 1st Bank of Mn. parts 6.42 Firemans Fund Ins. Sept. LTD ins. 47.68 Mn. Mutual Ins. Co. Aug. $ Sept. life ins. 94.86 Mn. VAlley Testing testing 86.50 No. Central Sec. AWWA registration fees 65.00 State Treasurer PERA 241.65 Water Products rental $ supplies 98.82 Dorsey $ WHitney legal services 12433.77 Consulting Eng. Diversified engineering services 71,152.93 • BNT Implement . $ 76,023.66 CENTRAL GARAGE FUND Meades 66 Station repairs & parts $ 62.00 Blue Cross Blue Shield Aug. $ Sept. med. ins. 426.86 Canada Life Ass. Society August dental ins. 28.31 • Firemans Fund Ins. Sept. LTD ins. 6.60 1st Bank of Mn. parts 46.36 Mn. Mutual Life Ins. Co. Aug $ Sept. life ins. 13.02 State Treasurer pera 42.55 $ 625.70 GENERAL FUND *Robert Ringstrom cash advance for 8 day school $150.00 *Commissioner of Revenue July arena sales tax 64.71 *Mn. State Treasurer snowmobile reg. fees 232.00 *Mn. State Treasurer boat registration fees 103.00 *McLeod County Treasurer recording fees 44.00 Nancy Redetzke city picnic 959.66 Howard Manthei umpire 25.00 Malissa Minge labor- concession stand 83.75 Cindy Theis labor - concession stand 50.25 Tim Zackrison tournaments 96.00 Joe Sic custodial maintenance 27.00 Mark Schnobrich equipment show 10.00 Orvis Wahl materials for loader 61.00 Mn. Dept. Labor $ Industry fine 70.00 Am. Planning Assn. annual dues 105.00 • BNT Implement part 205.57 Bailey Nurseries Inc. trees 472.50 Creative Signs sign 80.00 Davidsons supplies 29.14 Elliotts Steack $ Chicken meeting 112.50 -2- • G P Technologies Inc. supplies $ 6.95 Hutch Com. Video Network special council meeting 35.00 Hennepin Co. Chief of Police officer survival course 165.00 Lynn Card Co. supplies 37.90 Stadiums Unlimited Inc. benches 999.00 ST. Croix Rec. Co. net 433.63 Trautmans Lawn Service fert /spray 500.00 MDRA registration fees 30.00 STate Agency Revolving fund administration fees 70.65 Gold Coin meeting 54.23 Midwest Eng. Conf. & Exposition registration fees 58.50 Acme Wash Inc. car wash tokens 32.00 Am. Welding Supplies welding gas 10.95 Blue Cross Blue Shield AOg. -Sept. med. ins. 28,796.26 John Bernhagen bal. on National conference 176.97 Coca Cola Bottling concession supplies 711.50 Chamber of Commerce coffee 6.99 Co. Treasurer dl fees 123.50 Canada Life Ass. Society Aug. dental ins. 1942.10 Dostal & Oleson Oil solvent 10.25 ERickson Foods concession food 747.79 Firemans Fund Sept. LTD ins. 612.98 Gopher Athletic supplies 59.33 HAVTI work study student 33.58 Henrys Candy Co. concession food 955.07 • Hutch Milk House concession food 16.50 Hutch Community Hospital laundry 14.85 Hutch Fire Dept. training schools 924.00 Hutch Fire Dept. 1985 pension fund assessment 5500.00 Hutch Iron $ Metal iron 6.80 Hutch Leader advertising $ legal notices 406.23 Hutch Medical Center Redman physical 135.00 ICMA Retirement Corp. employer contribution 213.69 School Dist. 423 bldg. supervisor 1365.00 Ideal Shoe Shop repairs 87.50 Jerabek Machine Shop supplies 26.49 Johnson Super Valu concession food 65.01 Joes Sport Shop trophies 940.00 K Mart supplies 69.29 MN. Mutual Life Ins. Aug. -Sept. life ins. 982.70 Mankato Mobile Radio repairs 251.25 Marilyn Swanson 2 video cassettes 23.30 McGarvey Coffee police coffee 26.80 Peterson Bus Service bus rental 440.00 State Treasurer PERA 3827.15 James Schaefer i month comp 1001.00 UBC supplies 168.51 $ 56,082.28 • • -3- BOND FUNDS Bonds of 1977 Bonds of 1979 due to $20,000.00 Bonds of 1982 Fire Hall Construction due to 43,000.00 Bonds of 1983 Bonds of 1984 due to 100,000.00 Bonds of 1985 Bonds of 1979 due to 50,000.00 Bonds of 1983 due to 195,000.00 1984 Parking Bonds Bonds of 1983 due to 30,000.00 1985 Tax Increment Bonds Dorsey 4 Whitney legal services 1493.79 • Bonds of 1985 Dorsey & Whitney legal services 1243.77 City of Hutchinson, general fund adm. $ eng. fees 142,273.00 1981 Parking Bonds 1st State Bank of Brownton Bennie Carlson contract payment 669.30 Library Construction Funds DMO Inc. library furnishings 27,731.00 P.M. Johnsons Inc. library furnishings 12,514.82 Culligan shelving 50.00 • MUNICIPAL LIQUOR STORE FUND Commissioner of Revenue June sales taxes 4431.81 Commissioner of Revenue July sales taxes 10,018.17 State Treasurer PERA 163.93 City of Hutchinson payroll 4342.16 State Treasurer social security 280.54 State Treasurer pera 169.12 City of Hutchinson payroll 4324.07 State Treasurer pera 165.96 State Treasurer social security 275.30 Friendly Beverage Co. beer 1607.85 Locher Bros. beer 11,700.75 Triple G beer 16,161.00 Twin City Wine Co. liquor $ wine 3131.98 Griggs Cooper 4 Co. liquor $ wine 892.30 Ed Phillips & Sons liquor & wine 1826.11 Quality Wine $ Spirits liquor $ wine 2434.66 Henrys Candy Co. cigarettes & candy 870.41 Griggs Cooper $ C.o. mix. 96.83 Ed Phillips $ Sons mix 11.76 Northland Beverages mix 420.60 Coca Cola Botting mix 894.85 Bernicks Pepsi Cola mix 105.00 Lenneman Beverages beer $ mix 30,805.90 City of Hutchinson payroll 4343.14 City of Hutchinson utilities 53.27 Junker Sanitation refuse pickup 97.50 Allen Office Products cash reg. tape 48.50 • American Linen Supply towel service 17.60 Hutchinson Telephone phone service 72.93 UBC hinges 40.00 Coast to Coast bulbs $ supplies 23.13 Hutchinson Leader advertising 85.63 Mn. Mun.Liquor STore Assn. annual dues 200.00 Nationwide papers bags 141.11 Ink Spots Inc. forms 19.00 Hutchinson Utilities electricity 769.61 Sprengler Trucking freight charges 494.65 $ 101,536.23 • (612) 587 -5151 CITY Of HUTCHINSON POR .YOUR INFO • 37 WASHINGTON AVENUE WEST RWWIV HUTCHINSON, MINN. 55350 August 22, 1985 F11 Phil Graves F4&G Administrator HUTCHINSON COMMUNITY HOSPITAL Hwy 15 S. & Century Avenue co Hutchinson, MN 55350 RE: Conflict of Interest /Dori Johnson ��.� +,s2\ Dear Phil: I have been asked to comment on the possibility that Dori Johnson's employment with Retirement Living Communities, Inc. and her position as a member of the Hutchinson Community Hospital Board constitutes a conflict of interest. I will base my comments upon the following information: 1) Dori Johnson is currently a voting member of the Hospital Board. 2) Dori Johnson had no business affiliation or association with Retirement Living Communities, Inc. or Newell P. Weed at any of the following times: a. When the Hospital Board considered the sale of hospital property to Retirement Living Communities, Inc. b. When the Hospital Board recommended the sale of hospital property to Retirement Living Communities, Inc. to the Hutchinson City Council; C. When the Hutchinson City Council considered the sale of hospital property to Retirement Living Communities, Inc.; d. When the Hutchinson City Council agreed to enter into a purchase agreement for the sale of hospital property to Retirement Living Communities, Inc.; e. When the Hutchinson Planning Commission considered and recommended the sale of hospital property to Retirement Living Communities, Inc. to the Hutchinson • City Council. t Phil Graves August 22, 1985 Page Two 3) At the present time Dori Johnson employed as Sales Representatives Communities, Inc. The scope of ti sale of living units in the prospective purchasers. They are basis. and her husband are for Retirement Living ►eir employment is the proposed project to paid on a commission 4) Retirement Living Communities, Inc. will not be directly contracting with the City of Hutchinson or the Hutchinson Community Hospital for future services. 5) Upon completion or partial completion of the project a future homeowners association may independently contract with the Hutchinson Community Hospital for the provision of services to the project. Any such agreement will not involve Retirement Living Communities, Inc. or any of its employees. 6) Any future contracts between Retirement Living Communities, Inc. and the city of Hutchinson will be merely formalizations of agreements reached between It Retirement Living Communities, Inc. and the city of Hutchinson at a time when Dori Johnson and her husband were not employees or Retirement Living Communities, Inc. The holder of an elective or appointive public office faces potential conflict of interest in both contract and non - contract situations. 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. This is particularly true where the members own personal pecuniary interest is so immediate, particular, and distinct from the public interest that he cannot be expected to represent the public interest fairly in deciding the matter at issue. In such a situation action may be taken validly if the disqualified official does not participate in the action and the action is approved by the requisite number of non - interested votes. If a member in a non - contract situation improperly votes or participates in the decision - making process, such an action will not affect the result if the requisite majority without the interested official takes the action. On the otherhand, any ordinance, resolution, motion, contract or other action for which a disqualified member votes is void where the vote of the member is necessary to makeup the number of votes ,required to take the action or necessary • in order to'establish a quorum. IL 0 Phil Graves August 22, 1985 Page Three The rules concerning participation of a disqualified member in a contract situation are considerably harsher. Minnesota Statutes forbid any public officer who is authorized to take part in the making of a" sale, lease or contract to voluntarily have a personal financial interest in the transaction or personally benefit from it. The unlawful interest statutes apply to all kinds of contracts /formal or informal, for goods or for services. Any contract entered into by a council or board having a member not authorized to take part as a result of that members financial interest or personal benefit is void. The contract is void even though the interested member did not participate in the proceedings and his vote was not essential to approval of the contract. Given the above rules and the factual situation as previously outlined, the question becomes whether Dori Johnson has, through either her own employment or her husband's employment, such a personal financial interest in Retirement Living Communities, Inc. that such interest brings her within the scope of the unlawful interest statutes. The majority of -- my analysis will be based upon contractual situation: In all non - contractual situations any conflict of interest may be solved by having Dori Johnson refrain from participating in any discussion or vote dealing with Retirement Living Communities, Inc. while she is employed by that organization. The law is clear that the unlawful interest statutes are prospective in nature. The fact that a public official becomes employed by an organization or business during the course of that public official's term of office does not invalidate previous contracts or agreements with that business even if the public official participated in the decision - making process that awarded the contract. On this basis I do not believe that any of the transactions that have taken place to this date can be considered void since all agreements and contracts are based upon Board and Council action taken prior to Dori Johnson's employment with Retirement Living Communities, Inc. The validity of future contracts depends upon the nature and extent of Dori Johnson's financial interest in Retirement Living Communities, Inc. The Attorney General has ruled that if a Council member is an employee of the contracting firm and his /her salary or any other financial • interest is not affected by the contract, the Council may Phil Graves August 22, 1985 Page Four determine that no personal financial interest exists and that the contract may be made and enforced. (A.G. Op.90 -F -5) Whether or not Dori Johnson's financial interest with Retirement Living Communities, Inc. is of such a degree that it poses a problem to future contracts between the city and Retirement Living Communities, Inc. appears to be a fact question which must be answered by the governing body at the time the contract is being considered. For the present, I do not believe that Dori Johnson's affiliation with Retirement Living Communities, Inc. constitutes a conflict of interest. I do not feel that potential contracts between the Hutchinson Community Hospital and a future homeowner's association would constitute a personal financial interest to Dori Johnson. Based upon my analysis of the situation, I would make the following conclusions /recommendations: 1) Dori Johnson's current employment with Retirement Living Communities, Inc. does not at the present time constitute a conflict of interest. 2) If at anytime in the future the Hospital Board or the City Council are required to consider or make policy that would affect Retirement Living Communities, Inc., Dori Johnson should refrain--f rom participation in such considerations and should abstain from voting on any such policies. 3) In the event future contracts between the hospital, the city and Retirement Living Communities, Inc. are contemplated, examination of Dori Johnson's financial interest in her employment with Retirement Living Communities, Inc. should be made. If a determination that a conflict exists at that time, the contract may not be made until Dori Johnson has either resigned her position with Retirement Living Communities, Inc. or her membership on the Hospital Board. It should be understood that in the preceding analysis I have considered only the question of whether a legal conflict of interest exists. In many situations the public may perceive a conflict of interest even though no legal conflict exists. For example, a council may enter into a contract with the son of a councilmember if the councilmember has no financial interest in the contract. The councilmember • Phil Graves August 22, 1985 Page Five may participate in the discussion and vote on the contract. Even though such a procedure is acceptable, many members of the public would perceive as a conflict of interest. Many members of the public perceive any situation in which a councilmember may find it difficult to be impartial as a "conflict of interest ". Such situations should be left, not to the law of resolution, but to the good sense of the parties involved. Sincerely yours, CITY OF HUTCHINSON By/ , "+ James Schaefer itHutchinson City Attorney JHS:dlp cc: Mayor Stearns and the Hutchinson City Council n U • ADMINISTRATIVE UPDATE August 13, 1985 CITY OF HUTCHINSON ISSUE NO. 12 ITEMS FOR SEPTEMBER WORKSHOP PRIORITY NO. 5 Personnel Policy Improvements - Presentation by Hazel Sitz 5 Civil Service Commission Policy Changes - Presentation by Dean O'Borsky and Jim Schaefer 12 Builder's Handbook_- Presentation- by-Homer Pittman and Oary_Plotz 12 Developer's Handbook - Presentation by John Bernhagen 11 Truck Routes - Presentation by Marlow Priebe and Jim Schaefer 10 Proposed Changes On Voter Precinct Boundaries Presentation by Gary Plotz, Ken Merrill and Jim Schaefer PRIORITIES IMPLEMENTED TO DATE 1 Police Department Building Committee - Committee formed, members appointed, regular meetings (next meeting August 27). Committee has selected an arch- itect for preliminary layout; architect and committee chairman will make formal report to City Council in mid- September. 6 Comprehensive Plan (Map) Change - Completed and adopted by Planning Commis- sion and City Council. 19 POSSE (Police) Computer System - Hardware is installed, system is opera- tional, several employees now trained, all supervisors and patrolmen fully trained by January 1. 16 Capital Improvements Program - The 10 -year program and detail was maii &d ` out in February 1985. Marlow has already presented reports on many of'-the 1986 capital improvement projects. TIES ITEMS 2 Hold Or Reduce Mill Levy (City Budget) To a large extent the informa- tion has been gathered for the city budget and is in the process of being compiled and summarized. We have established August 26 and 27 for review' of budget requests. This would be a time to have this #2 priority impact the city. 7 Revolving Loan Fund - Research has been completed and a report to the City Council; a resolution establishing a future public hearing date will be in the August 27 Council packet. 4 City Charter Commission - A report has been made to the City Council by the City Attorney; Jim Schaefer awaits to know the size of the committee. 15 Airport Appraisals - Council approved the surveying of the property; sur- veys completed on time by July 1, 1985; surveys were mailed to the State appraisers on July 3; the City Attorney has provided the clear title opin- ions to the State appraisers. 5 General Policy Handbook - Several policies have been approved; staff in- vites some suggestions on policy areas or specific policies from the City_ Council. Few new suggestions to date; booklet can be printed whenever we desire. 14 wrinkling Buildings - Some cost estimates have been received by Fire Marshall; Fire Marshall has provided input to Community Development Cor- poration; George Field has put implementation on "hold" to see if finan- cial assistance (revolving loan fund) is approved by City Council. 17 Industrial Land - Annexation approved by City Council and Planning Commis- sion; some land was purchased for -- potential - industrial sewage treatment use (Boldt and Kadelbach properties). City is awaiting aerial photographs from Marklund Corp, for layout purposes of an industrial park marketing brochure. ITEMS SCHEDULED FOR STUDY AUGUST - DECEMBER 8 Self- Insurance - We have contracted with Dwight Tange to do the feasi- bility study. This item is behind schedule; however, Dwight has made our 1985 insurance renewal top priority, plus he has had some health problems. I have sent a letter to Dwight on behalf of the City Council urging him to move on this project. 13 Community Development - "Market Study" - The Board of Directors will be considering at an upcoming board meeting the market study. 9 Employee Evaluations - I have initially met with Phil Graves on their format. Hazel and I will be going out to the hospital to review their format. We intend to check with Rollie Balke and also the League of Cities. Evaluations to be completed by December 1. TWO DAY OSHA INSPECTIONS COMPLETED The OSHA representative, Debbie Peterson, made an unannounced two-day inspection of many city facilities, including the water plant sewage treatment plant, parks department, main- tenance operations, water towers, Civic Arena, airport, and fire department. Ms. Peterson will be providing a written report within one week. We will forward a copy of her findings to you for your information. The activities over the past two days in- cluded items in the attached check list. -2- CLOSI f98�CONFERENCE: 1. apparent violations noted during the walk -ward investigation and related time latkm to OSHA Stsndwds. 2 ined, with the employer representative, reaonablo abatement times. Addressed employ" /0"Wam"atMt Ive dhagreameMs. 3. 1� Advised that citations and proposed penalties may be issued as a result of this investigation: plained proposed penalty procedures. 4. Advised that a cover letter would accompany any citation and would contain further information. 5. icated that a followup investigation may be done and failure to abate penalties may be assessed re is noncompliance. B. 121,,4scussed the posting requirements for any citation and proposed penalties which may be issued. 7. xplained that 30-day progress reports and /or final accomplishment reports may be required. 8. L3 Advised the employer that he has 15 working days after receipt of the citation to contest any pion of the citation or penalty. 9. EI, Discussed the merits of a company safety program and operating safety committee. 10. © 'Advised that Consultation Unit assistance may be available upon request. 11. ❑ Advised the employer additional information Is on back and In handouts. The second purpose of this form is to furnish you, the employer, reminders of your rights and duties. Thee rights and duties will be further explained in a cover letter which will accompany any citation you may receive In response to this Investigation. MM MOTA DEPARTMENT OF LABOR AND INDUSTRY "a =i' u.;^',.' OBHDIVISION CHECKLIST OCCUPATIONAL SAFETY AND HEALTH INVESTIGATION ENTRY4F ESTABLISFMtENT: 1. 2roummod otedlntt ' so the senior ofBdaL 2. tie purpose of I* ML S Ise ream Iruepeetbna 4. about y wIM OSHA. 4 for amployn npnaanted and determined how employee reprawipidve was elected. M Cloaked H this Is a union or non-union shop. 7. Requested Gtfmoostion end AINd te OGHD•1 Form. B. OSHA Poatm and raowduapMq; dismand and cakvlmd the LWDI rata. i i. Chad" far ovuida mnae rpm ra IM Inquired about postMle Veda aaereh and awned confider Iffy of thaw secrete 11. Disauwd the use of camera and monitoring equipment 12. Inquired about the presence of the employee repnamfy ne in a doakV ooniererna CONFERENCE: the 1. the basks of the Minnesota OSHA Program. 2. ExPlelrnad the nature, secpe and purpose of this visit to the employer end employ" 3 1r� E?q>dYtad IMt h Is the ratporwbAlty of the ar ployer Lo furnish each ass ipfoyea whh oonatlan of 1 Is 1wrploymwd anti a plane of employment free from nee on d Irnrds 4. �J ExpieMrd to ties wnployee rapr aaaws w dma employees must comply aAW OSHA StertdaMs and ii /011 rinse, regulations and ordwa heed punuwrc to this ant which we appYeeble to the aeploy Wo own actions and conduct S.. Explained to the employer and unpioyee representatives that any two of leases w. of ampioyees due to safety effort an "r part (IA., compiairtia, ref11W to work due to he=ard, aec.) 1 could be construed as a discriminatory act under the OSH Law. fL CJ Offered the opportunity to a tam. Including an employer representative and employee . representative, to participate In the welk•wound k vardoetion. (Stressed no Uwe of pay for employee Participation.) 7. Infomed inspection teem that employees may be interviewed during walk- wound. 8 Strewed the Importance of no taking durhq the walk word Investigation. _ . WAL AROUND INVESTIGATION: 1 rights std dutiesk and proulectlan en I - dscrimi anion. Enoouag ca wm an workplace 0 m. and vwillad Information an exposure. CLOSI f98�CONFERENCE: 1. apparent violations noted during the walk -ward investigation and related time latkm to OSHA Stsndwds. 2 ined, with the employer representative, reaonablo abatement times. Addressed employ" /0"Wam"atMt Ive dhagreameMs. 3. 1� Advised that citations and proposed penalties may be issued as a result of this investigation: plained proposed penalty procedures. 4. Advised that a cover letter would accompany any citation and would contain further information. 5. icated that a followup investigation may be done and failure to abate penalties may be assessed re is noncompliance. B. 121,,4scussed the posting requirements for any citation and proposed penalties which may be issued. 7. xplained that 30-day progress reports and /or final accomplishment reports may be required. 8. L3 Advised the employer that he has 15 working days after receipt of the citation to contest any pion of the citation or penalty. 9. EI, Discussed the merits of a company safety program and operating safety committee. 10. © 'Advised that Consultation Unit assistance may be available upon request. 11. ❑ Advised the employer additional information Is on back and In handouts. The second purpose of this form is to furnish you, the employer, reminders of your rights and duties. Thee rights and duties will be further explained in a cover letter which will accompany any citation you may receive In response to this Investigation. INFORMATION SHEET 1. In the event you ncaiva a dustion, read the citation "Corer Letter" carefully. It eupWro your rights and obllgetlons under the Minnesota Ocapetlorrl Safety and HeeM Act of 1973 in more detall. 2. Special attention should be paid to the paragraph on progress reports. Than are necessary to keep the OSH Division infornrd of your program in completing the a9gad violations. 3. If you have giwstiom corncrnkg the dtation, do not hesitate to all either the Ara Office listed in the upper right -hand corner of the "Cover Latter' or the St. Paul Office. 4. It any circurnWrM:es should aria such an dHflculty In the delivey of necessary equipment or parts, strike, outride contractor oommltrnrhts aM, which prevents conectioth of an alleged violation on or before the abatement data. notify the Ara Office nest you (listed in the upper right -hand corner) in writing following that 2 MCAR 1.7290 "Petitions for Modification of Abatement Date" procedures. 6. It may literal you to know that dwe Is a Consultation Unit In the Minnesota Department of Labor and Industry which an assist private employers In complying with standards fat forth by the Act They may be corhtar by writing to: Consultation Unit Minnesota Department of Labor St Industry 411 Lafayatta Road St. Paul, Minnesota 66101 OR Phone: (612) 297 -2393 There is no charge for this service. Also, a all to this unit will not trigger a compliance Inspection i it Is a separate agency of the Department of Labor arhd Industry. 10