cp01-23-2001 c60401
O LI' "q_e ', AGENDA
REGUL.aR MEETING - HUTCHINSON CITY COUNCIL
0 TUESDAY, JANUARY 23.2001
INVOCATION - Pastor Brian Brosz, Congregational UCC Church
PRESENTATION OF 20 YEAR RECOGNITION PLAQUE TO MARVIN HAUGEN
REGULAR MEETING OF JANUARY 9, 2001 —
Action - Motion to approve as presented
5 \b:
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
PLANNING COMMISSION MINUTES OF NOVEMBER 21, 2000
(b) RESOLUTIONS AND ORDINANCES
CU ORDINANCE NO. 01 -289 - ORDINANCE TO ESTABLISH STORM
WATER DRAINAGE UTILITY ((SECOND READING AND ADOPT)
A 2. ,,. 2. ORDINANCRE NO. 01- 290 - AN ORDINANCE PROHIBITING
EXCESSIVE VEHICLE NOISE, INCLUDING NOISE FROM TRUCKS
\ USING ENGINE RETARDING BRAKES, AND ADOPTING BY
REFERENCE MINNESOTA STATUTES, SECTIONS 169.69 AND
169.693 AND MINNESOTA RULES, PARTS 7030.1000 TO 7030.1050
(SECOND READING AND ADOPT)
3. RESOLUTION NO. 11642 - RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
T� 4. RESOLUTION NO. 11643 - TRANSFERRING $25,000 FROM GENERAL
FUND TO SELF INSURANCE FUND FOR 2000
(c) GAMBLNG LICENSE FOR MINNESOTA WATERFOWL (MIKE E. MCGINTY,
GAMBLING MANAGER) TO BE CONDUCTED AT LAMPLIGHTER LOUNGE
(DEFERRED JANUARY 9, 2001)
(d) OUT -OF -STATE TRAVEL FOR DICK NAGY TO ATTEND AMERICAN
WATER WORKS ASSOCIATION CONFERENCE, MARCH 4- 7,2001
(e) TEMPORARY ON -SALE LIQUOR LICENSE FOR GOPHER CAMP FIRE CLUB
ON FEBRUARY 23, 2001
(f) ACCEPTANCE OF SEH CONSULTING REPORT ON SOUTH GRADE ROAD
TRUNK SEWER PROJECT, LETTING NO. 5/PROJECT NO. 0 1 -18
Action - Motion to approve consent agenda
CITY COUNCIL AGENDA — JANUARY 23, 2001
5.
PUBL HEARING — 6:00 P.M.
(a) POST OFFICE PROJECT BY HCDC -EDA EXECUTIVE DIRECTOR CHRISTIE
ROCK
Motion to close hearing — Motion to reject — Motion to approve
COMMUNICATIONS, REQUESTS AND PETITIONS -NONE
UNFINISHED BUSINESS
(a) J CONSIDERATION OF COMPOST BAGGING PROJECT (DEFERRED
Action — Motion to reject — Motion to approve
8. NEW BUSINESS
(a) CONSIDERATION OF ADOPTING 2001 ANNUAL WAGE ADJUSTMENT
� POLICY AND RECLASSIFICATIONS
Action — Motion to reject — lion to a prove d Adopt Resolution No. 11641
(b) CONSIDERATION OF FINAL PLAT FOR ROLLING MEADOWS THIRD
ADDITION WITH FAVORABLE RECOMMENDATION WITH STAFF
RECOMMENDATIONS
Action — Motion to reject — Motion t o approve and adopt Resolution No. 11644
(c) CONSIDERATION OF CONDITIONAL USE PERMIT FOR WAL -MART
STORES AND MURPHY OIL INC. TO CONSTRUCT A GAS STATION
WITHIN C-4 ZONING DISTRICT WITH FAVORABLE RECOMMENDATION
WITH STAFF RECOMMENDATIONS
0
Action — Motion to reject — Motion to approve and adopt Resolution No. 11645
(d) `y CONSIDERATION OF WETHERELL Ak EDA PROPERTY
- t1 Acrio — Motion to reject — Motion to ap nte r into lease agreement
(e) CONSIDERATION OF ADOPTING 2001 LIQUOR FUND, WAST F1YCk
WASTEWATER REFUSE FUND AND CENTRAL GARAGE FUND BUDGETS
Action — Motion to reject — Motion to prove and adopt Resolution No. 11646
(f) CONSIDERATION OF ADOPTING CAPITAL PROJECTS FUND BUDGET FOR
FISCAL YEAR 2001
Action — Motion to reject — Motion to approve and adopt Resolution No. 11647
0
•
CITY COUNCIL AGENDA — JANUARY 23, 3001
(g) CONSIDERATION OF APPROVING AMENDMENT TO 2001 GENERAL FUND
BUDGET
C
Action — Motion to reject — Motio to appr ove
(h) CONSIDERATION OF AUTHORIZATION FOR FIRE DEPARTMENT TO
ADVERTISE FOR BIDS TO BE RECEIVED ON MAY 14, 2001 FOR 1975
SEAGRAVE AERIAL LADDER TRUCK AND 1985 FORD HEAVY RESCUE
TRUCK
i
Action — Motion to reject - Motion to approve
(i) CONSIDERATION OF AWARDING BID ON SALE OF CITY FIRE TRUCK
42337 (1971/1988 PIERCE ARROW)
Action — Motion to reject — Motion to approve and award bid
(j) CONSIDERATION OF ANNUAL 2000 WA E ADJUSTMENT FOR CITY
ADMINISTRATOR J' oU12 L&ttAA Q O-,t t< 2 kJA, 1{-� *N
Action � ` �� / V C �J CU t
/1 xc)u ate Mo-
MISCELLANEOUS ((( ((JJJJ J
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(a) COMMUNICATIONS
(a) VERIFIED CLAIMS A & B
Action — Motion to approve and authorize payment from appropriate funds
11. ADJOURN
0
I"'"u I CO
HUTCHINSON PLANNING COMMISSION
Tuesdav, November 21, 2000
1. CALL TO ORDER 5:30 P.M.
. The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason
Olsen, Dean Kirchoff, Jim Haugen, Jeff Jones, Dave Westlund and Brandon Fraser. Also present: Julie
Wischnack, AICP, Director of Planning/Building /Zoning; Evonne Schultz and Marc Sebora, City Attomey.
2. CONSENT AGENDA
Mr. Olson moved to approve the minutes as submitted. Mr. Haugen seconded the motion. Motion carried.
PUBLIC HEARINGS
a) CONSIDERATION OF A VARIANCE AND LOT SPLIT FOR THE RECONFIGURATION OF EXISTING
LOTS TO PROVIDE FOR ACCESS AS REQUESTED BY ROBERT AND SHIRLEY BOWEN (2161218
5"' AVENUE NE)
Chairman Arndt opened the hearing at 5:32 p.m. with the reading of publication #6254 as published in
the Hutchinson Leader on Thursday, November 9, 2000.
Ms: Wischnack explained the request including a site plan showing the two houses on the property and
where the present driveways are located. She explained that the driveway on lot B presently exits onto
Highway 7 which is a safety concern and could be a problem in the future when Highway 7 undergoes
reconstruction.
Mr. Jones asked the City Attorney if the City could limit access to Highway 7. Attorney Sebora stated
that Staff could require conditions on the permit.
• Mr. Westlund asked if the lot line could be moved. Ms. Kilian, representing the Bowens, said that the
appeal of parcel A is that it is a large lot and that would be a strong selling point.
Mr. Haugen asked if an easement could be made between parcels A and B. Julie stated that the
property could legally be divided into three lots if requested.
Connie Anderson. 465 Bluff Street, suggested that even though Bluff Street is a busy street the driveway
for parcel B should access Bluff Street. She is concerned that her back yard would lose its privacy if a
driveway for parcel B accessed 5' Avenue. She is also concerned about room for snow removal.
Mr. Olson questioned if both property owners would consider a privacy fence.
Nadine Hawkins, 206 5' Avenue NE, questioned whether the property value of her home would be
affected if there were a driveway so close to her lot line. She presently has a day care business and was
also concemed about the safety of the children because there is a row of bushes on her lot line that
would run parallel to the parcel B driveway if it were to access 5'" Avenue.
Marc Sebora stated that it would be difficult to predict how the proposed lot split and variance would
affect property values.
Janet Kilian, representing the Bowens as their realtor, stated that there are no plans now to build a
driveway at this time. The Bowens feel that obtaining a variance before their property is sold would
insure future owners the opportunity to change the access of their driveway from Highway 7 to 5'"
Avenue if they wished.
Mr. Westlund moved to close the hearing at 6:00 p.m. Mr. Jones seconded the motion. The motion
to close the hearing carried unanimously.
Mr. Westlund moved to approve the variance with staff recommendations. 1. The property owner is
responsible for changing the appropriate deeds and transfers of title. 2. The owners are aware of the
potential Highway 7 improvement project in the year 2006; and 3. A driveway permit is required if the
4 4d- .1
Minutes
Planning Commission — November 11, 2000
Page 2
driveway is to be relocated. Mr. Haugen moved to second the motion. The motion camed unanimously.
b) CONSIDERATION OF A VARIANCE AND LOT SPLIT FOR THE CONSTRUCTION OF A TWNHOMF
WHICH EXCEEDS THE 35% MAXIMUM LOT COVERAGE AS REQUESTED BY Paul Betker (LOT
BLOCK 3 OF WALNUT RIDGE ESTATES)
Chairman Amdt opened the hearing at 6:05 p.m. with the reading of publication #6252 as published in
the Hutchinson Leader on Thursday, November 9, 2000.
Ms. Wischnack showed a site plan explaining where the twinhomes would be located in the lot and the
condition of the lot.
Mr. Jones asked if the builder could go up or under. He also asked if the planning commission has
approved variances in the last six months. Ms. Wischnack stated that this is the third variance request
in that time period.
Mr. Haugen moved to close the hearing at 6:10 p.m. Mr. Kirchoff seconded the motion. The motion
carried unanimously.
Mr. Haugen moved to approve the lot split and variance with the following conditions: 1. The southern
lot may not add more lot coverage (structure) to the home 2. Staff also recommends approval of the
lot split because it meets the minimum lot size and dimension requirements. Mr. Kirchoff seconded the
motion. Motion carried unanimously.
c) CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED SETBACK FROM 25' TO 177
FOR THE CONTRUCTION OF A GARAGE ADDITION AS REQUESTED BY DARREL AND SHARON
HOOSLINE (705 MAIN ST S)
Chairman Amdt opened the hearing at 6:14 p.m. with the reading of publication #6255 as publishe
the Hutchinson Leader on Thursday, November 9, 2000.
Ms. Wischnack explained the request including a site plant showing the location of the proposed garage.
She stated that staff was recommending that the access to the garage be through the alley way and not
onto 7" Avenue. Because the garage will be 24'x 24' it would be a simple matter of which side to install
the garage doors.
Mr. Hoosline said he thought it would be easier to access the garage from 7'" Avenue because of the
way the neighbor's garage sits. He was also concerned about snow removal in the alley.
Mr. Arndt asked if a car parked in the driveway would be too close to the sidewalk.
Mr. Fraser asked if the City plows the alleys. Ms. Wischnack stated that they do.
Mr. Hoosline indicated that he would follow the recommendation of the Planning Commission.
Mr. Westlund moved to close the hearing at 6:20 p.m. Mr. Jones seconded the motion. The motion
to close the hearing carried unanimously.
Mr. Kirchoff moved to approve the variance with the conditions recommended by staff. Mr. Jones
seconded the motion. The motion to approve, with the following conditions: 1. The property owner
acquires a building permit for the project. 2. The construction must follow the sumitted site plans.
Motion was carved unanimously.
d) CONSIDERATION OF A REZONING FROM 1 -1 TO R -2 FOR 548 DALE STREET SW AS REQUESO
BY GLEN AND BARBARA FIELD
Chairman Arndt opened the hearing at 6:24 p.m. with the reading of publication #6253 as published in
the Hutchinson Leader on Thursday. November 9, 2000.
Minutes
Pla, ning Commission — November 11, 2000
Page 3
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4.
5.
06.
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Ms. Wischnack explained the request including a site plan showing Goebels industrial site and the
homes in the industrial zone.
She stated that if the 1 -1 zone if changed to R -1 it would be difficult to change back to 1 -1 if Goebels
would ever want to expand.
Paul Betker said that since Goebels own all of the property this would be a positive addition to the area.
Mr. Kirchoff moved to close the hearing at 6:30 p.m. Mr. Westlund seconded the motion. Motion carried
unanimously.
Mr. Haugen moved to approve the rezoning with no conditions. Mr. Westlund seconded the motion.
Motion was carried unanimously.
NEW BUSINESS
OLD BUSINESS
Country Club Terrace — Discussion CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED
SETBACKS FOR THE PLACEMENT OF A MANUFACTURED HOME AS REQUETED BY JEFF MUNSELL
(COUNTRY CLUB TERRACE — 448 CALIFORNIA ST NW — LOT 100)
The City Attorney, Planning Commission and Staff received a letter from Mr. Munsell reviewing the history
of country Club Terrace. There has not been further correspondence with Mr. Munsell.
There was general discussion regarding the fact that one variance would cover the entire park so individual
variances would not be needed every time a new mobile home was moved into the park.
COMMUNICATION FROM STAFF
ADJOURNMENT
There being no further business, Mr. Jones moved to adjourn the meeting at 6:42 p.m. Mr. Kirchoff
seconded the motion. Motion carried.
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• ORDINANCE NO. 01 -2S9
ORDINANCE TO ESTABLISH STORMWATER DRAINAGE UTILITY
SEC. 3.50. ESTABLISHMENT OF STORMWATER DRAINAGE UTILITY
Pursuant to Minnesota Statutes, Section 444.075, the City establishes a storm water drainage
utility, authorizes the imposition of just and reasonable charges for the use and availability of storm
sewer facilities, and establishes a Storm Water Fund. The Storm Water Fund shall be a separate
account and shall be used solely for storm water drainage purposes. as outlined in the above
referenced Statute.
Sub. 1. Deflnitions
A. Pollutant loading — the amount of total suspended solids delivered to the storm water
drainage system. measured in pounds per acre per year. that is generated from a given land
use.
B. Total suspended solids iTSSI — the sum of all suspended matter, described by the dry weight
of the suspended matter found in a specific volume of water (milligrams per liter, for
example).
Sub. 2. Findings and Determinations
• A. In the exercise of its governmental authority and in order to promote the public health, safety,
convenience and general welfare, the City has constructed, operated and maintained a storm sewer
system ( "the system "). This Ordinance is adopted in the further exercise of such authority and for
the same purposes.
B. The system, as constructed, heretofore has been financed and paid for through the imposition
of special assessments and ad valorem taxes. It is now necessary and desirable to provide an
alternative method of recovering some or all of the future costs of improving, maintaining and
operating the system through the imposition of charges as provided in this Ordinance.
C. In imposing charges, it is necessary to establish a methodology that undertakes to make them
just and equitable. Taking into account the status of completion of the system, past methods of
recovering system cost, the topography of the City and other relevant factors, it is determined that it
would be just and equitable to assign responsibility for some or all of the future costs of operating,
maintaining and improving the system on the basis of the expected volume of storm water runoff
from the various parcels of land within the City during a standard rainfall event. For the purposes of
this Ordinance, a standard rainfall event is defined as the one -year storm of one -day duration. In
addition, it is determined that it would be just and equitable to assign responsibility for some or all of
the future costs of operating, maintaining and improving the system on the basis of the expected
pollutant loading from the various parcels of land within the City.
D. Assigning costs and making charges based upon expected typical storm water runoff volume
and pollutant loading cannot be done with mathematical precision but can only be accomplished
within reasonable and practical limits. The provisions of this Ordinance undertake to establish a
is reasonable and practical methodology for making such charges.
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Sub. 3. Rates and Cbarges
A. Residential Equivalent Factor. Rates and charges for the use and availability of the system •
shall be determined through the use of a "Residential Equivalent Factor" ( "REF "). A REF has been
developed for the storm water runoff volume (Volume REF), the storm water runoff pollutant loading
(Quality REF) and a composite that is used for the final utility fee calculation (Utility REF). For the
purposes of this Ordinance, the Volume REF is defined as the ratio of the average volume of surface
water runoff coming from one acre of land subjected to a particular use, to the average volume of
runoff coming from one acre of land subjected to typical single - family residential use within the City
during a standard rainfall event. The Quality REF is defined as the ratio of the pollutant loading
(measured as total suspended solids) coming from land subjected to a particular use, to the pollutant
loading come from land subject to tvpical sing - family residential use with the City. The Utility REF
is defined as the ratio of the sum of the volume and quality portions of the total annual storm water
drainage utility fee for a given land use classification (as computed using the Volume REF and the
Quality REF for that land use classification), to the sum of the volume and quality portions of the
total annual storm water drainage utility fee for the single- family residential land use classification
(as computed using the Volume REF and the Quality REF for the single family residential land use
classification).
The Utilitv REF for each of the land use classifications will be revised at such time in the future
when there is 'a shift in the percentage of utility expenditures related to storm water runoff volume
and storm water runoff quality treatment. The revision shall be determined by the Director of Public
Works, who shall notify the City Council of the action.
B. Storm water drainage charges. In determining charges the City Council shall by resolution
establish a basic system rate to be charged against one acre of land having a Utility REF of one. The •
charge to be made against each parcel of land shall then be determined by multiplying the Utility
REF for the parcel's land use classification times the parcel's acreage times the basic system rate.
The Volume, Quality and Utility REFs for the following land uses within the City and the billing
classifications for such land uses are as follows:
CLASSIFI-
Volume
Quality
Utility
CATION
LAND US
BEP
Ba
BEE
1
Golf Course. Park. Open Space
0.41
0.50
0.43
2
Single- family and Duplex Residential
1.00
1.00
1.00
3
Public and Private Schools and Institutional Uses
1.36
3.05
1.67
4
Multiple - family Residential and Churches
2.18
3.21
2.37
5
Commercial and Industrial
3.79
6.10
4.22
For the purposes of calculating storm water drainage charges, all developed single - family and duplex
parcels less than one (1) acre in size per unit shall be considered to have an acreage of one -third (1/3)
acre per unit. Double bungalows or duplexes shall be considered to be two units. Single - family
parcels over one (1) acre in size or Duplex Residential parcels over one (1) acre per unit in size shall
be billed at a higher rate. These rates shall be included in the resolution approved by the City
Council.
C. Storm Water Utility rates shall be established by a resolution of the City Council as amended
from time to time. Fee rates may be included as part of the fee schedule included within the annual
budget resolution. Fees shall be structured to reasonably reflect the cost of constructing, maintaining
and operating storm water drainage systems as outlined in Minnesota Statutes, Section 444.075. •
Solid. 4. Other Land Uses
• The Director of Public Works shall classify other land uses not listed in the foregoing table by
assigning them to classes most nearly like the listed uses, from the standpoint of runoff volume for
the standard rainfall event and the pollutant loading. An appeal from the Director of Public Works'
determination of the property classification may be made to the City Council.
Solid. 5. Adjustment of Charges
The City Council may by resolution adopt policies providing for the adjustment of charges or
credits to charges for parcels or groups of parcels, based upon land use data supplied by affected
property owners, which data demonstrates a runoff volume for the standard rainfall event or a
pollutant loading substantially different from that being used for the parcel or parcels. The Director
of Public Works shall make such adjustment or credit. An appeal from the Director of Public Work's
determination may be made in writing to the City Council. No adjustments shall be made
retroactively.
Solid. 6. Public Hearing and Notice
The City shall hold a hearing prior to determining whether to build, construct, enlarge or improve
storm sewer facilities financed in whole or in part by the imposition of storm sewer drainage charges.
Notice of such hearing shall be published in the official City newspaper at least ten days prior to the
date of hearing. Owners of all property adjoining a proposed improvement shall be mailed or served
with a notice at least ten days in advance of the hearing. However, failure to give mailed notice or
any defects in the notice shall not invalidate the proceedings.
• Sabd.7. Exemptions
Public street rights -of -way, railroad rights -of -way and lands used exclusively for agricultural
purposes are exempt from storm water drainage charges.
Solid. 8. Payment of Charge
Storm water bills shall be mailed to the owner or other account holder with their city water /sewer
statement and shall specify the charges.
Solid. 9. Delinquent Accounts
A. Payment Options. Owners and other account holders shall have the option of paying a rate
for payments made on or before the due date listed on the bill or the option of paying an extended
payment rate for payments made after the due date listed on the bill. The extended payment rate
shall include the rates detailed herein plus a charge of five percent (5 %) of the current bill amount
that is not paid by the due date listed on the bill. The five percent (5 %) charge shall not exceed two
hundred dollars ($200.00) in total for all utilities per billing account per billing period.
B. Delinquent Storm Water Accounts Accounts shall be considered delinquent when no
payments have been received after ninety (90) days following the payment due date and no
arrangements for payment have been agreed to by the owner or other account holder. It shall be the
duty of the Utility Division to endeavor to promptly collect delinquent accounts. The provisions for
• delinquent accounts are outlined in Section XX of the Hutchinson City Code.
C. Assessment of Delinquent Accounts. All delinquent accounts shall be certified to the City •
Assessor who shall prepare an assessment roll for each year providing for assessment of the
delinquent amounts against the respective properties served. The assessment shall include the
amount of the delinquent account and the administrative charge due under subdivision (d), together
with interest thereon at the maximum lawful rate. This assessment roll shall be delivered to the City
Council for adoption on or before October first of each year. Such action may be optional or
subsequent to taking legal action to collect delinquent accounts.
D. Administrative Assessment Charge. An administrative charge of $25.00 shall de due upon
the mailing of the notice of the proposed assessment.
Subd. 10. Recalculation of Charges
If a property owner or person responsible for paying the storm water drainage charge questions
the correctness of such a charge, such person may have the determination of the charge recomputed
by written request to the Director of Public Works. Such request shall be made within thirty (30)
days of the mailing of the billing in question.
Subd. 11. Adjustments and/or Credits to the Storm Water Drainage Charges
A. The municipal storm water drainage utility uses a rate structure based on the anticipated
relative contribution of storm water drainage runoff volume and pollutant loading to the storm water
drainage system. A parcel's contribution is determined by that parcel's size and its land use, under
the principle that more intensively developed land uses typically have a larger percentage of
impervious surface and contribute a much greater volume of water to the system for the standard •
rainfall event of 2.3 inches in 24 hours and/or larger pollutant loading.
It is recognized that some parcels, due either to their unique topographic, vegetative, geologic and
other characteristics have a hydrologic response substantially different from that of similarly sized
parcels of the same land use.
To provide for an equitable assessment of storm water drainage charges, based on reasonably
expected contribution of flows, provisions need to be made to permit adjustments to the storm water
drainage charge for those parcels with unique or unusual characteristics, or credits to the storm water
drainage charge for those parcels with storm water runoff volume and/or quality treatment facilities.
B. The basis of the city of Hutchinson's storm water drainage charges is the anticipated relative
contribution of storm water runoff volume and pollutant loading to the storm water drainage system
from a given parcel. Where unique or unusual conditions exist where the actual contributions of
storm water runoff volume or pollutant loading from a given parcel is substantially different from
those anticipated by the storm water drainage rate structure, the Director of Public Works, or
designee thereof, may adjust or credit the storm water drainage charge for said parcel to an
appropriate level in accordance with the guidelines specified herein.
The ordinance establishing the Storm Water Drainage Utility provides for the Director of Public
Works to make adjustments and/or credits to the charges when (1) the property owner supplies data
demonstrating a storm water runoff volume for the standard rainfall event substantially different from
that being used for the parcel, or (2) the property owner supplies data demonstrating that storm water
runoff from the parcel is being treated to provide the required removal efficiency for total suspended •
solids (TSS).
C. Property Owner to Provide Detailed Information
It is the responsibility of the property owner or agent thereof to present to the Director of
Public Works, or designee thereof, sufficient information concerning a parcel's hydrologic
characteristics to permit an accurate assessment of the conditions that exist. This information
may include. but is not limited to:
1) Site plan showing locations of all buildings, paved areas and other development relative
to lot lines.
2) The total lot area and area of impervious surfaces, in square feet.
3) Site topography or contours of sufficient detail to ascertain flow directions, rates and
volumes.
4) Hydraulic calculations specifying outflow volumes and rates for various rainfall events.
5) Calculation of total suspended solids removal efficient of any on -site storm water runoff
treatment facility.
Failure to provide this information within thirty (30) days after delivery of a written request
shall result in the assignment of the highest classification level for volume, quality and utility
REF.
D. Adiustments Where Parcel Runoff is Significantly Different From Land Use Standard
Where the unit runoff generated by a parcel differs from the assigned amount for that land
use category by more than 20 percent, the Director of Public Works, or designee thereof, may
adjust the parcel's storm water drainage charge in accordance with the following procedure:
1) Calculation of unit runoff for the parcel shall be determined by the methods outlined in
the Natural Resources Conservation Service Technical Release No. 55, utilizing a
one -year event of 24 -hour duration as the standard rainfall event.
2) If the calculated unit runoff is shown to differ from the assigned amount for that land use
category by 20 percent or more. the volume portion of the fee for that parcel shall be
adjusted by multiplying it by the ratio of the calculated unit runoff to the standard unit
runoff.
3) A parcel's storm water drainage charge shall be subject to increases as well as decreases
by this procedure.
4) For parcels with ponds covered by public easements, the area used for the calculation of
the charge shall be reduced by the size of the easement area.
5) Because single family and duplex fees are = based upon actual parcel acreage, no
adjustments for unit runoff differences will be made for those land uses except for totally
vacant unimproved fully turfed parcels.
6) Adjustments shall not be retroactive. They become effective from the date they are
approved.
E. Procedures for Calculation of Storm Water Credits 9
Procedures for calculation of Storm Water Detention Credits for Volume Charges and for calculation
of Water Quality Treatment Credits for Quality Charges shall be based on standards prepared by the
Director of Public Works and approved by the City Council.
LEELW ... .--- -- - -._
The Director of Public Works, or designee thereof, reserves the right to inspect periodically all storm
drainage control facilities to ascertain that they are operating properly. If such a system, due to
improper maintenance or other reason, fails to detain or cleanse storm water runoff in an effective
manner, the Director of Public Works, or designee thereof, may eliminate or reduce detention or
water quality credits to an appropriate level. Any such facility shall not be eligible to apply for storm
drainage charge adjustments and/or credits for a period of 12 months following any adjustment
and/or credit. Adjustments and/or credits shall not be made retroactively. An appeal from the
Director of Public Works' determination may be made to the City Council.
The issuance of any building permit or other action which changes or intensifies an existing land use
shall be cause for an adjustment of storm water drainage charges to an appropriate level.
Adopted by the City Council this 23` day of January, 2001
Marlin Torgerson
Mayor
ATTEST:
Gary D. Plotz
City Administrator
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'1 1 T 1 ,II a ' 1 11 N1 1 11' 1•.
A parcel may be credited for up to 31 percent of the storm water drainage charge for on -site
measures that are owned and maintained by the applicant, which limit storm water outflow rates
from the site in accordance with the following procedure:
1) 14 percent credit for parcels which limit peak outflow rates during a 5 -year, 24 -hour rainfall
event to pre - developed rates.
2) 18 percent credit for parcels which limit peak outflow rates during a 10 -year, 24 -hour rainfall
event to pre - development rates.
3) 24 percent credit for parcels which limit peak outflow rates during a 25 -year, 24 -hour rainfall
event to pre - development rates.
4) 27 percent credit for parcels which limit peak outflow rates during a 50 -year, 24 -hour rainfall
event to pre - development rates.
5) 31 percent credit for parcels which limit peak outflow rates during a 100 -year, 24 -hour
rainfall event to pre - development rates.
6) No detention credits will be given for parcels that do not at least limit 5 -year events to pre -
development rates.
• Runoff rates shall be determined using TR -55.
Only one of the above credits (1 -6) may be applied to each parcel. Detention ponds which
operate between the steps described above will receive the lower credit.
Mori ww 1 1me. • t • 111' 1 - 1 • ,. 1. ,
A parcel may be credited for up to 19 percent of the storm water drainage charge for on -site
measures which are owned and maintained by the applicant which effectively reduce the outflow
of pollutants from the site. Credit percentage shall be based on the actual percentage of total
suspended solid (TSS) removal efficiency, as determined by the following procedure, except that
no credit will be given for sediment removal efficiencies of less than 55 percent.
The TSS removal efficiency shall be calculated using one of the following methodologies:
1. "Methodology of Analysis of Detention Basins for Control of Urban Runoff Quality,"
Office of Water, Non -Point Source Division, U.S. E.P.A., September 1986.
2. "Detpond," Robert Pitt and John Voorhees.
3. "PS Urban Catchment Model," IEP, Inc., William W. Walker, Jr.
Credit shall range from 13 percent, for parcels with a water quality treatment facility providing a TSS
removal efficiency of 55 percent, to 19 percent, for parcels with a water quality treatment facility
providing a TSS removal efficiency of 80 percent or greater.
• C. Credits shown in (A) and (B) above (for volume charges and quality charges, respectively), and
adjustments, may be cumulative.
ORDINANCE NO. 01 -290
AN ORDINANCE PROHIBITING EXCESSIVE VEHICLE NOISE, INCLUDING
NOISE FROM TRUCKS USING ENGINE RETARDING BRAKES. AND
ADOPTING BY REFERENCE MINNESOTA STATUTES SECTIONS 169.69
AND 169.693 AND MINNESOTA RULES PARTS 7030.1000 TO 7030.1050.
THE CITY COUNCIL OF THE CITY OF ORDAINS:
Section 1. Definitions. For the purposes of this ordinance, the following phrases are
defined as follows:
"Engine retarding brake" shall mean a Dynamic Brake. Jake Brake, Jacobs Brake,
C- Brake, Paccar Brake, transmission brake or other similar engine retarding
brake system which alters the normal compression of the engine and subsequently
releases that compression.
"Abnormal or excessive noise" shall mean (a) distinct and loudly audible noise that
unreasonably annoys, disturbs. injures, or endangers the comfort and repose of
any person or precludes their enjoyment of property or affects their property's
value, (b) noise in excess of that permitted by Minnesota Statutes Section 169.69,
as it may be amended from time to time, which requires every motor vehicle to be
equipped with a muffler in good working order, or (c) noise in excess of that
Permitted by Minnesota Statutes Section 169.693 and Minnesota Rules parts
7030.1000 through 7030.1050, as this statute and these rules may be amended from
time to time, which establish motor vehicle noise standards.
Section 2. It shall be unlawful for any person to discharge the exhaust or permit
the discharge of the exhaust from any motor vehicle except through a muffler that
effectively prevents abnormal or excessive noise and complies with all applicable
state laws and regulations.
Section 3. It shall be unlawful for the operator of any truck to intentionally use an
engine retarding brake on any public highway, street, parking lot or alley within
the city which causes abnormal or excessive noise from the engine because of an
illegally modified or defective exhaust system, except in an emergency.
Section 4. Minnesota Statutes Sections 169.69 and 169.693 (motor vehicle noise
limits) and Minnesota Rules parts 7030.1000 through 7030.1050 , as these statutes
and rules may be amended from time to time, are hereby adopted by reference.
Section 5. Signs stating "VEHICLE NOISE LAWS ENFORCED" may be installed
at locations deemed appropriate by the City Council to advise motorists of the
prohibitions contained in this ordinance, except that no sign stating "VEHICLE
NOISE LAWS ENFORCED" shall be installed on a state highway without a permit
• from the Minnesota Department of Transportation. The provisions of this
ordinance are in full force and effect even if no signs are installed.
Section 6. It is the intention of the City Council that all future amendments to any
statutes and rules referenced or adopted by reference in this ordinance are also
referenced or adopted by reference as if they had been in emstence at the time this
ordinance was adopted.
Section 8. Any person, firm or corpo: ion who violates any provision of this
ordinance shall, upon conviction, be - :,ity of a petty misdemeanor and punished
by a tine of not more than $300.
Section 9. This ordinance becomes effective from and after its passage and
publication.
Passed by the City Council of the City of Hutchinson
this 23rd day Of January 2001
Signed . Mayor
Attest
City Clerk
A
RESOLUTION NO. 11642
• RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
WHEREAS, The Director of Engineering and the Police Chief agree that the following
areas have traffic control concerns which warrant traffic control devices, and;
WHEREAS, the Hutchinson City Council has the authority to establish locates as points
where traffic control devices shall be erected, pursuant to Section 7.04. Subdivision I of
the Hutchinson City Code;
� r -
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUTCHINSON:
That the Council herebv establishes a traffic control device known as
"HANDICAPPED PARKING." which shall be effective for the following location:
1. On Washington Ave W. adjacent to Main St St N, located at the northwest
corner of that intersection.
• Eliminate "HANDICAPPED PARKING," which shall be effective for the following
location:
1. On Washington Ave W, adjacent to Main St S, located at the southwest
comer of that intersection.
Adopted by the City Council this 23rd day of Satuarv , 2001
Marlin Torgerson
Mayor
ATTEST:
Gary D. Plotz
City Administrator
0
?,L) —
CITY OF HUTCHINSON
RESOLUTION NO. 1 1643 •
TRANSFERRING $25,000 FROM GENERAL FUND TO
SELF INSURANCE FUND FOR 2000
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT $25,000 is hereby transferred from the General Fund
to the Self Insurance Fund.
THAT said transfer shall be reserved for liability
insurance deductible purposes as authorized by the City Council.
THAT this is approved for the 2000 financial year.
Adopted by the City Council this 23rd day of January 2001
A
Marlin Torgerson
Mayor
ATTEST:
Gary D. Plotz
City Administrator
0 Memorandum
To: Lt. David Erlandson
CC: Gary D. Plotz, City Administrator
From: Marilyn J. Swanson, Administrative Secretary
Date: December 21, 2000
Re: REQUEST FOR INVESTIGATION REPORT
Minnesota Waterfowl has applied for a gambling license at the Lamplighter Lounge.
Since this is a new application, it will require an investigation. Therefore, I have
attached pertinent information to assist you in conducting an investigation for a
report. The gambling application does not require a release of information form so I
• hope this will not hinder your search.
If possible, I would like to include this item on the January 9, 2001 City Council
agenda.
Thanks for your assistance.
Attachment
Memorandum
Dow
Ta
Ffwm
M
12_28.00
Marilyn J. Swanson. Administrative Secretary
Gary D. Plotz. City Administr�
Investigator Chris Dobratz(J✓
ORIGINAL
r .
SYN P
As of 12- 28-00, 1 have completed a background check on Midhasi McGinty, who has applied for a
Gambling Devices License with the City of Hutchinson. I did not discover arwiing in the candidate's
background that would disqualify them from obtaining this license. I also conduced a background
check an the organdation that is sponsoring this license, the MN Waterfowl AssodaUon, Inc.
DETAILS
On 12 -27-00, 1 spoke with Jim Artt, an Agent with the Gambling Er*xcement Agency- Arft advised me
that they have not investigated MN Waterfowl Association, Inc., for any gambling matters.
On 12 -27-00, 1 spoke with Gary Danube an employee with the Slate Gambling Control Board. Gary
advised me that the MN Waterfowl Association has held an active gambling license for several years,
and they renewed their license on 331-00. with an expiration of 3- 31-02. Gary advised that In 19%,
they were issued a citation for a compliance matter. This matter was rectified in November of 1999.
Gary also advised me that there is no pending action against MN Waterfowl Association and that there
has never been any major adorn taken against the orgarwzwn by the State Gambling Board.
It should be noted that I did speak with Jay Landreville, manager of the Lamplighter It Lounge, the
proposed location of the pull tab booth. Landreville stated that they are simply rending space to MN
Waterfowl Assoaatlon, and that his employees will actually be managing the booth dung operational
hours.
Should you have any flatter Questions for me regarding this mater, or if an additional background
check is needed. please do not hesitate to contact me.
# -C'
,NT BY• CIT! OF HUTCHINSON;
1. True Name:
CM OF HUTCHINS=
CITY CENTER
111 HASSAN STREET SE
JUTCHINSOH. MN 553502522
0 City of Hutchinson
FEE 3 100.00 APPLICATION FOR GAMBLING DEVICES LICENSE Approved by.
Building
Fire
Application shall be submitted at Police
least _ days prior to the Gambling cctasion
F.
rvl AND I. 116
ue o Author zs Stet o Name o Designated mb ing
Organizati n Manager
Hereby submit in duplicate this application for a license to conduct
the game of g emb]ia� in accordance with the provisions of the City of
Hutchinson Ordinance NO. 655 and Minnesota Statutss Chapter 349
for the license year ending
51� ea:
v
:- se car o rganization Designate am ng manager o
organization
A. The following is to be completed by the duly authorized officer
of the organization: I
B.
(last)
2. Residence Address:
3. Date of Birth: 10
(mo,
RECEWW
DEC 1 8 2000
CRY of Hutd*mon
2.
3•
5-
320 231 1210;
(last) (fi
A
Residence Address: /��9 " Z& /`
(middle
(street) (city) (state) (zip) ,,,./
Date of Birth: Jr 4. Place of Birth y //1�
(mc /day /year) (city /state)
Have you ever been convicted of any crime other than a traffic
Offense? Yes No t-� . If Year explain
The following is to be completed by the designated gambling manager
of organization: � r I lnQC
1. True Name: li r,,jY
(city) (that
Place of Birth:
4-C,
dT V- CITY OF HUTCHINSON; 320 234 1240; NOV -20.00 2:20PM; PAGE 617
5. Nave you aver been convicted of a crime other than a
traffic offense? Yes No L" If yes. explain
6. How long have you been a member of the organization? —Z944
7. Attach a copy of the official resolution or official action
designating you gambling manager.
C. Game Information: rl
1. Place where gambling devices will be used
2. Date or dates gambling devices will be used
(date a ;or days)
3. Hours of th gambling dcv M a will be used:
of week)
From eV A.M. To
4. Maximum number of players tll�ll9�'r j 'J
5. will prizes be paid in money or merchandise?
6. Will refreshments be served daring the time the gambling
devices will be used? 'Lea X1 No If Be. will a charge -
be made for such refreshments Yee ,- No
D. organization Information:
1. Address where regular meetings are Peld
2. Day and time of meetings Lf/ < /77
3. Is the applicant organizati organized or the laws of the
state of Minnesota? Yea No
4. How long has the organization been in
4a. How many members in the organization? 2 O o
5, what is the purpose of the organization 00111941
6. officers of the Organization:
Name Address Title
,j kmes r3a �g0� —z.tc
eK
7.
Give names of officers or any other persons paid for services '
to the organization:
NT Ski C:TV CF HUTCHINSON;
320 2 234 d240; NOV 2 20 00 "U"; rant r;r
?organization Informaticn: (Continued)
S. In who // custody / will organization records be kept. / �J /J/�
Name //�1[(1 �►lGCJYYI Address "ra/ 4 /12#tbyL �(acCL /�
9. If the organization carries sufficient insurance to compensate
the players in the event any injury is sustained by players
whlla gambling devices are used. or while on the licensed
premises. please state the GlQ SIy 5`
Dame of Insurer CS� JASk rarkn« and Policy No. .
10. Have you (Manager & Officer) read, and do you thoroughly
understand the provisions of all laws. ordinances. .and
regulations governing the operation and use of gambling devices?
11. Attach a list of all active members of the organization.
E
3.
2. Address of bonding company
The following information is provided
bond given by the gambling manager in
1. Name of bonding company eJlc/ /Zr
concerning a fidelity
favor of the organization.
PLA 1-1� C, suR�ty � P�Ny
So le
Amount and duration of bond TID�OOc7
4. Application is hereby made for waiver of the bonding A
requirements. Yea No
I declare that the information I have provided on this application
is truthful, and I authorize the City of Hutchinson to investigate
the information submitted. Also, I have received from the City of
Hutchinson a copy of the City Ordinance No{ 655 relating to gaeblimg.
and I will familiarize my se wi h +wU �^ nts� thereof.
y gna ure of
Data • /e
organ
Sut? and sworn to *form m a notes public on this 13 of
gnat tar u bli
Commission expires on —
Subscribed and sworn to before as a notary public on this day of
Si gnature of otary Public
Commission expires on
C Y j. MAYNARD
rY PUCE M1Ntd50fd Wan �d= 1nlrzoo5 vyv,
.0
•
Hutchinson C ity C enter
111 Hassan Street SE
Hutchinson. MN 55350 -2522
320- 587.5151/Fm 320- 2344240
Memorandum
To: Mayor and City Council
From: Randy DeVries Utilities Director
Date: January 17, 2001
Re: Out -of -state travel for Dick Nagy
Per council policy, I am requesting out-of -state travel for Dick Nagy, for
The American Water Works Association Conference March 4 -7, 2001 in San
Antonio, Texas. We are reviewing membrane technology for the future water
facility, and the timing is very good. This conference was budgeted for 2001,
• and I recommend approval.
Randy DeVries
•
Printed on m yded paps, -
4
3�Xr Minncsota Department of Public Safety —
ic .. • Alcohol and Gunbling Enforcement Division
444 Cedar St —Suite 133
St. Paul, MN 55101 -5133
(651)9 TDD (651)282 -6555
APPLICATION AND PERMIT
FOR A TEMPORARY ON.SAI.F LIQUOR 11(MISSE
TYPE OR PRINT INFORMATION
ORGA TION DATP O GAN 7fD TAX FXFMPT NIIMBER
—60 3
S F . AD RF S � /
NAM P$t(SON NG TION
f Y r G?L
_DE
STA ��
SINES 1IOMEPIlO _ O3
t3� )
RATES LIQUOR WILL Z Sow /
TY . OR AN 13 "MR NONPROFfT
UCLUB
ORGAN] ZATI CER' !
DDRESS SS
2
ORGANI7-ATION O CFR S NAME
ADDRLSS
ORGANIZAITON OFFICER'S NAME.
ADDRIIISS
l.tx:ation whtae liccnxc will be used. If an outdoor arm
O
Will the applicant w nlr -w for intoxitAline liquor wvieeal If R+. &6 the name and addrum of the Hww Beenaoo PKI-idna d» $mVkb
�7
Will the applicain carry liquor liability incur I If so, the carrier's name and amount of cover+&&
(N(nj-_: Insurance is not mandatory.)
APPROVAL
At'I7.ICATR)N MUST RR AplROV CD BY CM OR CDWM 5MW RWMrMW:'R) All "Nan- t "Mt"NC ZNFoR0MgKT
Crl"Y/COUNTY City of Hutchinson DATF APPROVED
CriY FEE AMOUNT $50.00 I.K"SF DATES
DATE FEE PAID
XI(iNA CITY Cl.>;RIC - ArMOVPDAkoW A tNmbaaf MrT� 5;WA r
Gar D. Plotz Citv Administrato
Nme: no wet fgsr+te IMe t" pww mW MQ party to Of eadnm &bare w Om &rich&) AM" t7 d& dlwb' a
w N be returned m IM aoeaat< <aMYI V Ibc dl) w Caw) M kad JO r before tba aranl.
' Ia�ala7!(Nlii
11—C
\J
Hutchinson City Center
Ill Ilassan Street SE
Hutchinson, MN 55350.2522
320.587.5151/Fu 320.2344240
M E M O R A N D U M
r�
L�
•
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Consideration of Accepting Report on South Grade Road Trunk Sewer
Project by SEH Consulting (Letting No. 5/Project No.01 -18)
DATE: January 18, 2001
Attached is a copy of the Preliminary Report for the above referenced project. The
project is budgeted for in 2001. We generally request that reports from consultants be
accepted and approved by the City Council. The attached report outlines the proposed
improvements and the expected costs for completing the work. No surprises are noted
in the report, and we recommend acceptance of the report.
Primed on recycled Paper -
x1 - F,
MEMORANDUM
TO: Public Hearing Notice Recipients
FROM: Hutchinson Economic Development Authority
SUBJECT: Public Hearing Notices
DATE: January 9, 2001
You are invited to attend a public hearing on the proposed post office site to be held by the
Hutchinson City Council on Tuesday, January 23, 2001, at 6:00 p.m., in the Council Chambers at
City Center. Upon conclusion of the public hearing, the City Council will consider a resolution
declaring the establishment of a redevelopment plan and a redevelopment project. The EDA
plans to acquire and prepare property for the construction of a new post office facility.
Minnesota Statutes requires that a public hearing be held for the purpose of receiving oral or
• written comments from all property owners lying within the redevelopment district. Because you
are the owner of property within this area, you are receiving the enclosed notice. You may also
have observed that the public hearing notice has been published in the Hutchinson Leader. The
Statute also requires that the notice be published in the official newspaper at east ten days
prior to the day of the scheduled hearing.
Please be advised that the property on which the redevelopment district will be established is
only that land contained within the legal description listed on the public hearing notice.
Any person may appear at the hearing, or can send an agent or attorney to appear before the City
Council on their behalf. All interested parties are invited and encouraged to attend.
If you are unable to attend the hearing or send an agent on your behalf, you may submit written
comments to the Hutchinson City Council. These comments should be submitted to the City staff
prior to the public hearing at the following address or by facsimile:
Hutchinson Economic Development Authority
City Center
111 Hassan Street SE
Hutchinson, MN 55350
Fax (320) 2344240
If you have an y questions, please contact the Hutchinson Economic Development
Authority at (320) 587 -5151, ext. 223.
Enc.
i s
S a,
Pubticanon No. 66
PUBLISHED IN THE HI:TCHINSO\
LEADER Thursday.Januan 11.2001
Notice of Public Hearing
CITY OF HUTCHINSON
COL?ITY OF %ICLEOD
STATE OF %MFNNESOTA
I I I Hassan Street. Hutchinson MCI 55350
phone (320) ext. =- fax(320)234-4240
Notice is hereby given the Hutchinson Citv Council will hold a meeting in the Council Chambers. at City
Hall on Tuesddr, January 23. at 6:00 p.m. for the purposes of conducting a public heanng regarding the
establishment of a redevelopment plan and redevelopment project. The EDA plans to acquire and prepare
propem for construction of a new post office facility.
J .
L
.e n4nhtSY_-
'bf
j
All persons wishing to be heard regarding this matter should appear at this meeting or provide written
comments no later than 5:00 p,rn on Tuesday, January 23. 2001. A complete agenda for the Hutchinson
Cit Council meeting is available at the City offices. If you have questions about the proposed
redevelopment plan and redevelopment project. you mac contact the EDA at the number provided.
Januan 9, 2001
Date
/Gary D. Plotz/
City Administrator
`r ,1
u
Hutchinson Community
Development Commission
Memo
To: Mayor and City Council Members
Frorre Christie Rock. Execunve Director
CC: Tim Ulrich, President
Date: 01/16/01
Re: Post office public hearing
Attached please find information regarding the post office public hearing scheduled for January 23,
2001. at 6:00 p.m. during the regular meeting of the City Council. The information includes minutes
from the special meeting of the Hutchinson Economic Development Authonty public hearing held on
December 11, 2000, copies of both resolutions under consideration, a project timeline, and a
memorandum on existing and future land use
Before opening the meeting for public comment. Attorney Richard Schieffer and myself will give a brief
presentation on the cmena for establishing a redevelopment project define the redevelopment plan,
and review the proposed redevelopment site. Following. Zoning and Planning Director Julie Wischnack
Will highlight the existing land use and zoning of the proposed site, as well as land adjacent to it
Please note. this land is zoned commercial. guided commercial in the City's comprehensive land use
olan, but is used for residential purposes. This information is summarized in the minutes from the
special meeting of the EDA Bcara of Directors.
-,fter the public comment oeriod, :he City Council will consider two resolutions. A resolution
establishing a redevelopment plan in Blocks 6 and 7 of Downtown Hutchinson, and a resolution
establishing a redevelopment project in Blocks 6 and 7 of Downtown Hutchinson. I have included both
resolutions for your review The EDA Board passed both resolutions unanimousty.
If you have any questions, please feel free to contact me at 234 -4223.
• Page 1
5 e�
Hutchinson Economic Development Authority
Special Meeting
• December 11. 2000
Citv Center Council Chambers,
VMWTES
Call to Order
President Tim Ulrich called the meeting to order at 4:00 p.m. with the following members
present: President Tim Ulrich. Vice President Bob Windel. Commissioners Jim Haugen. Duane
Hoversten. Keith Fischer and Don Walser. Commissioner Jeff Haag was absent. Also present:
EDA Director Christie Rock. Planning and Zoning Director Julie Wischnack. and City Attorney
Richard Schieffer.
2. Purpose of the Meeting
President Tim Ulrich reviewed the meeting agenda. He explained that the puroose of the special
meeting of the EDA Board of Commissioners was to consider a resolution establishing a
redevelopment plan for the retention of the United States Post Office in a downtown location. and
to consider a resolution establishing a redevelopment project for the proposed post office site in
Blocks 6 and 7 of the city of Hutchinson. In addition to reviewing the resolutions, the EDA
Board would hear comments via the form of a public hearing from property owners and other
concerned citizens who would be impacted by the proposed redevelopment plan and project site.
Ulrich concluded by providing a brief history of the proposed plan and project.
• 3. Criteria for Establishing a Redevelopment Project
City Attorney Richard Schieffer outlined the definition and legal parameters for establishing a
redevelopment project for the EDA Board.
A redevelopment project means any work or undertaking:
• To acquire blighted areas and other real property for the purpose of removing,
preventing, or reducing blight, blighting factors or the causes of blight.
• To clear any areas acquired and install, construct or reconstruct streets, utilities, and
site improvements essential to the preparation of sites for uses in accordance with the
redevelopment plan.
• To sell or lease land so acquired for uses in accordance with the redevelopment plan.
• To prepare a redevelopment plan. to incur initiation. planning, survey and other
administrative costs of a redevelopment project, and to prepare technical and
financial plans and arrangements for buildings, structures, and improvements and all
other work in connection therewith.
Attorney Schieffer noted that when establishing a redevelopment project the EDA must develop
a redevelopment plan outlining the purpose of the project and methods of financing. The plan
n
U
must also include a copy of the written opinion of the city's planning department. In addition. the
EDA Board must make the following findings before making a final recommendation for
approval: 0
• The land in the project area would not be made available for redevelopment without
the financial aid from the EDA.
• The redevelopment plans afford maximum opportunity that is consistent with the
needs of the city as a whole.
• The redevelopment plan conforms to the general comprehensive plan for the
development of the city.
After the resolutions are approved, the EDA Board will be forward them to the City Council for
its consideration. The City Council must approve or disapprove of the plan within 30 days after
holding a public hearing to review all aspects of the project.
4. Redevelopment Plan
EDA Director Christie Rock reviewed the proposed redevelopment plan. Ms. Rock indicated that
the objective of the plan is to retain the United States Post Office in a downtown location. She
highlighted several reasons why it is important to keep the post office in a downtown location.
First, the post office is the heart of the downtown and the community as a whole. It serves as an
anchor for the central business district. Second. many people who come downtown to do
business at the post office also shop at local specialty stores, eat at the local cafe, visit city hall,
and do their banking and grocery shopping. Third, keeping the post office downtown would
provide the most convenient and accessible location for the broadest segment of the community's •
population. It would serve the needs of people living at the far north, south, east and west ends of
the city. It would be a safe location for seniors and the disabled to reach by walking. It is also
the most pedestrian friendly location the USPS is considering.
5. Redevelopment Project
Next. Ms. Rock reviewed the proposed redevelopment project (site). The site is located north of
Ciry Center in Blocks 6 and 7 of the city of Hutchinson. The proposed site would be located from
over Jefferson Street. If the EDA Board and City Council approve the proposed site, the City will
vacate the street.
Ms. Rock invited Director of Planning and Zoning Julie Wischnack to present a map of the
proposed site. The site is located between First Avenue and Washington Avenue from the alley
on the west side of the VFW to the alley on the east side of the Havemeier Accounting.
6. Land Use
Next, Ms. Wischnack reviewed the current land use of the property in the proposed site, as well
as adjacent properties. She explained how the existing land use conflicts with the City's Zoning
Ordinance and the Comprehensive Plan. For the benefit of the public and the EDA Board, Ms.
Wischnack defined the meaning and purpose of the zoning ordinance and comprehensive plan.
The zoning ordinance is the city's legal means to control land use. It is a regulatory tool. On the
other hand, the comprehensive plan suggests appropriate land use. It is not a legal document.
•
The City Council and City Planning Commission use the comprehensive plan to guide them when
making land use aecisions.
The proposed redevelopment site is currently zoned C3 ana is guided for commercial use in the
future. The existing land use. however. is different. Most of the properties in the proposed site
are residential in nature. One of the homeowners operates a doe grooming business. These uses
are non- comformimz: meaning thev are not allowed uses according to the zoning ordinance.
Because the properties are non - comforming, the owners may not put additions on their homes or
do any rehab projects that might change the outward appearance of the structure.
Redeveloping the proposed site for the post office would bring the land use into agreement with
the comprehensive plan. Furthermore. a post office is an allowed use within the C3 zoning
district.
7. Public Hearing
President Ulrich opened the meeting to the public to receive their comments, thoughts and
concerns regarding the proposed redevelopment plan and redevelopment project.
Jerry Kriekow — 18 Jefferson Street South
Mr. Kriekow raised a number of concerns regarding the proposed plan and project. He was
concerned about the methods used to notify property owners about the proposed plan and project.
He indicated that not all people receive the Hutch Leader or listen to the local radio stations. He
also felt that the City should have notified the property owners in person much earlier in the
process. According to David Minge's office, this project has been in the works for a number of
vears now. Mr. Kriekow also had concerns about the acquisition process and the relocation
benefits that his family would be entitled too. Finally, he expressed an interest in finding out why
Hometown Realty not included in the proposed site.
President Tim Ulrich addressed Mr. Kriekow's concerns. He explained that because the project is
merely proposed at this point, it did not make sense to alarm property owners unnecessarily. He
indicated that the EDA notified property owners when the CSPS narrowed its potential sites
down to two locations. He indicated that Hometown Realm was not included in the proposed site
because acquisition costs would make the project unfeasible. Next President Ulrich invited
Postmaster Paul Johnson to explain the public posting process. Lastly, relocation specialist Steve
Thorson briefly described some of the benefits that would be forthcoming to property owners if
the proposed project moves forward.
Bob Elliot — Owner Town and Country Tire
Mr. Elliot commented on the acquisition and relocation process. He explained to the group that
he was involved in a redevelopment project about 10 years ago, when the City redeveloped
property for the Shopko store. He agreed that the word acquisition and the word relocation are
scary, but that the City will do everything in its power to make sure the transition goes smoothly.
The City will help property owners find new homes and locations for their businesses. He
complemented the EDA on their efforts to retain the post office downtown and stated that it was
good for the community as a whole.
•
Roger Klemen — Town and Country Glass 41
Mr. Klemen expressed some dissatisfaction with the proposed site. He owns property on the
comer of Jefferson and R ashington. He purchased the property based on the location. He would
prefer to keep his business downtown and not move to another site.
Mike Cannon — Hutchinson Chamber of Commerce and Citizens Bank and Trust Company
Mr. Cannon spoke on behalf of the Hutchinson Chamber of Commerce. He stated that the
Chamber is supportive of the proposed site. Chamber members believe wholeheartedly that the
post office should remain downtown.
Duane Hoversten made a motion to close the public hearing. Jim Haugen seconded the
motion. President Ulrich asked for discussion. The motion passed.
8. Consideration of resolution establishing a redevelopment plan for retaining the post office
in a downtown location.
),ttomev Schieffer summarized the resolution for the EDA Board.
Don Walser made a motion to approve the redevelopment plan. Keith Fischer seconded the
motion. President Ulrich asked for discussion. The motion passed.
9. Consideration of resolution establishing a redevelopment project for Blocks 6 and 7 in the
city of Hutchinson.
Attorney Schieffer summarized the resolution for the EDA Board. •
Robert Windel made a motion to approve the resolution estabiisbing a redevelopment
project for Blocks 6 and 7 in the city of Hutchinson. Duane Hoversten seconded the motion.
The motion passed.
10. .adjournment
There being no further business. President Ulrich called for a motion to adjourn the meeting.
Don Walser made a motion to adjourn the meeting. Jim Haugen seconded the motion. The
motion passed.
The meeting adjourned at 5:00 p.m.
Respectfully submitted,
Christie Rock
EDA Director
•
0
Post Office Relocation Project
History and Timeline
January 25, 2000 united States Post Office announces intentions to build a new
facility in the ciry of Hutchinson at a public meeting at City
Center.
February 2000 United States Postal Service advertises for existing buildings and
sites for the new post office facility. Public has 30 days to submit
potential sites.
Hutchinson Economic Development Authority decides to
champion a downtown location.
April 18, 2000 Working in partnership with the City's Planning and Zoning
Department. the EDA identified and presented the USPS with 11
potential sites in and around the downtown area for the new post
Office facility. USPS eliminates sites due flood plain issues and
;oii contamination problems.
Mav 18, 2000 Ston published in the Hutch Leader outlining why a downtown
. location is essential for the new post office facility.
June 16, 2000 The EDA and City staff people meet with USPS officials and
USPS architects to review potential downtown sites. The EDA
gives the USPS a tour of the site north of City Center.
Letter sent to the USPS offering four potential configurations of
the site north of City Center.
.July 2000 Hutchinson Leader surveys the local community and determines
that a downtown site is most desirable location for new post office
faciiity.
July 26, 2000 The EDA and City staff people meet with USPS officials to review
architectural drawings for proposed site north of City Center.
.august 7, 2000 The United States Postal Service announces that it is considering
two sites for the new post office facility in Hutchinson, one south
Of Tareet and one north of City Center in downtown Hutchinson.
The USPS gives the public 30 days to comment.
Letters sent to property owners making them aware that the USPS
has narrowed the potential sites for the new post office facility
down to two locations.
•
August 8. 2000 Leuer sent to USPS in support of proposed site north of City
Center.
City Council approves the acquisition and relocation team and
recommends hiring an appraiser.
September 18, 2000 EDA meets Mth city stafF elected officials, and the acquisition
and relocation team to determine next steps and timeline for
project implementation.
October 2000 City attorney begins negotiating with the United States Postal
Seri ice regarding the purchase price of the proposed downtown
site for the new post office facility.
November 2000 United States Postal Service officials verbally commit to a
riot\ mown location. pending outcome of negotiation process.
EDA schedules public hearing to consider the redevelopment plan
.tnd project for Blocks 6 and 7 in downtown Hutchinson.
December 11, 2000 Public hearing
January 2001 USPS completes appraisals of properties
.January 9, 2001 Public hearing scheduled for January 23, City Council meeting
.January 11, 2001 Public hearing notice mailed to recipients and published in the
Hutchinson Leader
January 23, 2001 Public hearing
Next steps Revicw USPS appraisals
Begat acquisition process
Relocation benefits
HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION, AN EDA
RESOLUTION ESTABLISHING A REDEVELOPMENT PLAN
IN BLOCKS 6 AND 7, DOWNTOWN HUTCHINSON
WHEREAS, the Hutchinson Community Development Commission. an EDA.
was established by the City Council. City of Hutchinson. under Resolution No. 10969 on
January 2. 1998 pursuant to Chapter 469 of Minnesota Statutes; and
WHEREAS, the United States Postal Service has informed the City Council of
the City of Hutchinson that the U.S. Postal Service has made a decision to relocate its
present Hutchinson, Minnesota Customer Service facility (post office) to another
location within the City of Hutchinson in accordance with 39 CFR § 241.4 and other
applicable regulations: and
WHEREAS, the United States Postal Service has provided to the City, a Letter of
Intent in which the U.S. Postal Service expresses its agreement to relocate the postal
facility in downtown Hutchinson if land can be made available which meets the size,
configuration and other requirements of the U.S. Postal Service, with a purchase price
based on appraised value; and
• WHEREAS, the Hutchinson Community Development Commission, an EDA,
has identified real property described on Exhibit A as a potential site for a
Redevelopment Project; and
WHEREAS, upon conducting a public hearing on December 11, 2000 at 4:00
p.m. in City Center, 111 Hassan Street S.E. in the City of Hutchinson, at which hearing
all interested persons made public comment, the governing body of the Hutchinson
Community Development Commission, an EDA. makes the following findings of fact:
1. It is in the best interests of the City of Hutchinson to retain its postal
facility within the downtown area of the City;
2. The real property described on Exhibit "A" meets the needs of the
U.S. Postal Service for the relocation of a postal facility in the downtown
area of the City of Hutchinson;
Upon the foregoing findings, and all of the facts and circumstances revealed at
the public hearing, the Hutchinson Community Development Commission, an EDA,
approves the following Redevelopment Plan for the property described on Exhibit "A ":
1. The Hutchinson Community Development
Commission, an EDA, shall undertake to acquire the property
described on Exhibit "A ", paying just compensation therefor as
required by law, subject to the approval of the Hutchinson City
Council:
2. The Hutchinson Community Development
Commission. an EDA, hereby undertakes to clear. grade and
otherwise develop the property described on Exhibit "A" rendering it
suitable for the construction of the new Customer Service Facility
(post office) proposed by the United States Postal Service:
3. The Hutchinson Community Development
Commission. an EDA. shall undertake to sell the redeveloped real
estate described on Exhibit 'W to the U.S. Postal Service for its
relocated Customer Service Facility at a price to be negotiated
based upon appraisals and all relevant economic factors.
Adopted by the governing body of the Hutchinson Community Development
Commission. an EDA. this 11" day of December. 2000.
Date:
la - 1 03
Date:
�
Timothy B. Inch, President
Robert Windel, Vice President
11
.
LEGAL DESCRIPTIONS OF AFFECTED PROPERTIES
1.
145 First Avenue SE
— North 1 /2 of Lot 8 & South 'h of Lot 9,
Block 33, South %z City
2.
36 Jefferson Street SE
— Lot 4, Block 7, South '' /z City
3.
24 Jefferson Street SE
— Lot 3, Block 7, South % City
4.
18 Jefferson Street SE
— South 44' of Lot 2, Block 7, South % City
5.
15 Jefferson Street SE
— Lot 9, Block 6, South 1 /2 City
6.
45 Jefferson Street SE
— Lot 6 & South 6' of Lot 7, Block 6,
South '/2 City
•
7.
31 Jefferson Street SE
— Lot 7, except South 6', Block 6,
South % City
8.
25 Jefferson Street SE
— Lot 8, Block 6, South '/2 City
9.
5 Jefferson Street SE
— Lot 10, Block 6, South Yz City
EXHIBIT "A"
0
HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION, AN EDA
RESOLUTION ESTABLISHING A REDEVELOPMENT PROJECT
IN BLOCKS 6 AND 7, DOWNTOWN HUTCHINSON
WHEREAS, the Hutchinson Community Development Commission, an EDA,
was established by the City Council, City of Hutchinson. under Resolution No. 10969 on
January 2, 1998 pursuant to Chapter 469 of Minnesota Statutes; and
WHEREAS, the Hutchinson Community Development Commission, an EDA, is
authorized by Minn. Stat. § 469.101, Subd. 12, to exercise certain powers of a
Redevelopment Agency under Minn. Stat. § § 469.152 - 469.165, and for any purpose
descnbed under Minn. Stat. § § 469.001- 469.047; and
WHEREAS, one of the powers given to a Redevelopment Agency is the power
to acquire real or personal property necessary to carry out a Redevelopment Project as
described in Minn. Stat. § 469.012, Subd. 1(6): and
WHEREAS, a Redevelopment Project is defined by Minn. Stat. § 469.002, Subd.
14 to include any undertaking in which real property is acquired for the purpose of
preventing the causes of Blight; and
• WHEREAS, Blighted Area is defined by Minn. Stat. § 469.002, Subd. 11 to
include an area affected by deleterious land use, obsolete layout of buildings or
improvements, faulty arrangement or design of improvements on buildings,
obsolescence or dilapidation of buildings or improvements, or any combination of the
above factors; and
WHEREAS, the Hutchinson Community Development Commission. an EDA,
has identified real property described on Exhibit A as a potential site for a
Redevelopment Project; and
WHEREAS, at its meeting on October 27, 2000 Hutchinson Community
Development, an EDA, scheduled a public hearing on the proposed Redevelopment
Project as required by statute and published notice of the public hearing in the official
newspaper of the City of Hutchinson more than ten days prior to the hearing as
required by Chapter 469 of Minnesota Statutes, a copy of the hearing notice being
attached hereto and made a part hereof by reference as Exhibit B.
WHEREAS, upon conducting a public hearing on December 11, 2000 at 4:00
p.m. in City Center, 111 Hassan Street S.E. in the City of Hutchinson, at which hearing
all interested persons made public comment, the governing body of the Hutchinson
Community Development Commission, an EDA, makes the following findings of fact:
•
I . The individual properties within the proposed Redevelopment
Project are devoted to residential and commercial activity, and in several
instances, residential and commercial uses exist within the same building
or structure;
2. The property to the North of the proposed Redevelopment Project
across Washington Avenue East. constitutes a portion of the Central
Commercial District of the City of Hutchinson, a portion of which has
recently been redeveloped, for example, the Shopko /Econo Foods
complex:
3. The property which lies to the East of the proposed Redevelopment
Project, across Adams Avenue is devoted to commercial, industrial and
railroad activities;
4. The property which lies to the South of the proposed
Redevelopment Project. across First Avenue Southeast is devoted to
commercial uses. government buildings, high -rise residential apartment
buildings, and other intense uses;
5. The property which lies to the West of the proposed
Redevelopment Project, across Hassan Street Northeast is devoted to
public uses including public library, and the City Park;
6. Generally, the proposed Redevelopment Project lies adjacent to
the main downtown area of the City of Hutchinson and lies adjacent to
industrial and railroad property on its Easterly perimeter, with the
Hutchinson City Hall, high -rise residential development, and other intense
uses to the South;
7. In accordance with the City's comprehensive land use plan, the
land surrounding the proposed Redevelopment Project is zoned for
intense commercial development or for industrial development;
8. The zoning on the property within the proposed Redevelopment
Project is zoned C -3 Central Commercial District which is the designation
applied to the downtown business district of the City of Hutchinson, which
zoning is in accordance with the City's comprehensive zoning plan;
9. Commercial zoning within the proposed Redevelopment Project
renders all of the residential uses within the proposed Redevelopment
Project non - conforming, which means that these residential uses may not
be enlarged, reconstructed, or structurally altered as long as they retain
their residential character and are subject to a variety of restrictions on
repairs, maintenance, and rebuilding in the event of substantial damage to •
the structure;
10. It is unlikely that normal market forces will dictate the
redevelopment of the proposed Redevelopment Project in the foreseeable
future. for uses compatible with the existing zoning and surrounding
development for the following reasons:
A. The layout of the subdivision is obsolete for
commercial purposes and the arrangement and types of buildings
make conversion of the area to commercial uses extremely difficult
without acquisition of multiple properties and removal of buildings
and improvements;
B. The land uses within the proposed Redevelopment
Project are at odds with the zoning and the surrounding land uses;
C. Obsolescence and dilapidation of some of the
buildings make renovation for residential purposes improbable;
D. The current configuration of lots and buildings is
highly inefficient for use as part of the downtown commercial district
of the City of Hutchinson;
E. Acquisition costs, individual property ownerships, cost
• of removal of obsolete uses, and lot size and configuration make it
unlikely that the area will redevelop due to normal market forces
and will continue to deteriorate, experience further obsolescence
and decreased economic viability;
Upon the foregoing findings, the Hutchinson Community Development
Commission, an EDA, concludes that:
1. The proposed Redevelopment Project contained
blighting factors and causes of blight within the meaning of Minn.
Stat. § 469.002, Subd. 14(1);
2. The proposed Redevelopment Project is a Blighted
Area within the meaning of Minn. Stat. § 469.002, Subd. 11;
3. The land and property described on Exhibit W of this
Resolution is hereby declared to be a Redevelopment Project
within the meaning of Minn. Stat. § 469.002, Subd. 14;
4. It is in the public interest of the City of Hutchinson to
acquire the property within the Redevelopment Project and to take
all necessary action to prepare the property for commercial use in
accordance with the Redevelopment Plan.
Adopted by the governing body of the Hutchinson Community Development
Commission, an EDA, this 11 day of December, 2000.
Date:
'�" 4-4)
Timothy B. rich, President
Date: I L f " / " z
Robert Windel. Vice President
• LEGAL DESCRIPTIONS OF AFFECTED PROPERTIES
1.
145 First Avenue SE
— North 1 /2 of Lot 8 & South 'h of Lot 9,
Block').'). South '/2 Ciry
Z.
36 Jefferson Street SE
— Lot 4, Block 7, South 1 /2 City
3.
24 Jefferson Street SE
— Lot 3, Block 7, South 'h City
4.
18 Jefferson Street SE
— South 44' of Lot 2, Block 7, South Yz City
5.
15 Jefferson Street SE
— Lot 9, Block 6, South '/2 City
6.
45 Jefferson Street SE
— Lot 6 & South 6' of Lot 7, Block 6,
South 1 /2 City
•
7.
31 Jefferson Street SE
— Lot 7, except South 6', Block 6,
South '' /z City
8.
25 Jefferson Street SE
— Lot 8, Block 6, South'' /2 City
9.
5 Jefferson Street SE
— Lot 10, Block 6, South '/2 City
E}IIIIBIT "A"
CITY OF HUTCHINSON PLANNING STAFF REPORT
To: Hutchinson Community Development Commission/EDA
Prepared By: ,Julie Wischnack, AICP, Director of Planning/Zoning/Building
Date: Meeting Date December 11, 2000
Re: Land use considerations around potential Post Office location
As part of a redevelopment review, land use and zoning issues are a consideration. This memorandum will
provide some of the basic information about three issues: existing land uses: zoning requirements. and the
comprehensive land use plan. Inserted throughout the memorandum are colored maps which reflect
information presented in the report.
Existing Land Uses
The existing land use, or how property is presentl} utilized is complicated in this neighborhood. The City has,
over time. redeveloped property in this area (i.e. Shopko /Econofoods). The map indicates that the majority of
property is used for commercial purposes: offices. service business. and other downtown oriented commerce.
There is a fair portion of the land mass devoted to public purpose: city hall, park/library, and city owned,
downtown parking. There are also properties which contain both a residence and a commercial activity: barber
shop, animal grooming, accounting, etc. The map below provides specific information regarding uses.
M.z Office Proposal
Hutchinson Community Development Commission /EDA
Page 2
Existing Zoning
Zoning provides the many regulations, one of which dictates the type of acceptable uses for an area. The goal
of a zoning district is to provide protection from conflicting land uses (i.e. factories next to homes). The
existing zoning in the area is mostly C3 — Commercial (downtown business district). Within that district many
uses are allowed, but currently, the ordinance excludes residences as a conforming use. Non - conforming uses
are uses, which are not allowed by the zoning regulations. In this area. mixed uses and residential uses are non-
conforming. The City Code defines a non - conforming use as "any building or land lawfully occupied by a use
at the time of the approval of this Ordinance, or any amendment to it rendering such use non - conforming, which
does not comply with all of the regulations of this Ordinance, or any amendment hereto, governing use for the
zoning districts in which such use is located." Under another section of the code (4.03) it indicates that "a non-
conforming use shall not be enlarged or increased. nor extended to occupy a greater area of land than was
occupied at the effective date of this chapter." Thus: increasing the size of the dwellings or replacement of the
dwellings would be prohibited by City Code. :additionally, the properties may not receive a variance to a
It is conceivable that the zoning will restrict residential expansion in this area and will affect the viability of
homes located in this general area.
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December 2000 . ' ' f ' f ' f N
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Pz;-t Office Proposal
Hutchinson CommunitN Development CommissioniEDA
Page 3
Isomprehensive Land Use Plan
The City maintains a comprehensive land use plan. This plan p oN ides the goals of the community. as to
ultimate land uses for all areas of the City. The land use projection for this area is commercial and industrial.
Commercial is planned in this general corridor. %. hereas: industrial %ould continue east of Adams Street. A
land use plan provides a guide to Cite decision making «'hen faced �%ith complicated land related decisions.
•
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Conclusion
It is apparent that residential uses in this area conflict with both the zoning regulations and the comprehensive
land use plan for the City. Redevelopment would help meet City goals and policies for land use.
Zoning regulations prohibit expansions of the homes in the area: therefore redevelopment of this block will
assist in ensuring a decline of property values does not occur.
qb Memorandum
To: Mayor & City Council
CC:
From: Gary D. Plom, Randy DeVries & Lawrence Winter
Date: January 20, 2000
w: MARKETING AGREEMENT FOR COMPOST
The City has been working cooperatively with Great River Regional Waste
Authority in Cedar Rapids, Iowa for the past two years with the design of the
automated compost bagging facility.
Great River is the largest public governmental marketing agency in North America
that produces and sells approximately 5 million bags per year.
' Bob Watson, who has successfully marketed compost in Minnesota, manages the
marketing department. The proposed marketing through Great River was a major
reason why we received funding through the Minnesota Office of Environmental
Assistan (OEA).
The City Attorney, Randy DeVries, Lawrence Winter, and I have reviewed the
contract and recommend approval.
7-14
Recycled Organics Marketing Agreement
0 INTRODUCTION
This agreement. made and entered into this 2 5th day of :anuary . 2000, by and
between the Great _River Regional Waste Authority (hereafter GRRWA) and the City of Hutchinson
(hereafter City).
Section 28E of the Iowa Code authorizes the Commission of a Solid Waste Authority to
enter into a contract to jointly provide markets for recycled wood, yard waste and source - separated
organic products as part of statewide waste reduction goals.
The previously mentioned parties are interested in furthering the recycling and marketing of
wood. yard waste, and source separated organic materials for the purposes of conserving natural
resources, energy, and landfill space; and
GRRWA and City have adopted Comprehensive Solid Waste Management Plans and
initiated effective waste diversion programs to effectively recycle organic waste to meet state and
local solid waste management goals.
ARTICLE I - DEFINITIONS
4D 1 . Agreement
"Agreement" shall mean this Agreement. and any future amendments hereto.
Conditionally Defective
"Conditionally Defective" materials shall mean materials judged defective or identified as
contaminated by GRRWA or the Market of recycled wood and/or organics and/or yard
waste. Materials shall become conditionally defective when found not to be in compliance
with the provisions of Article III hereof. Nothing in this provision is intended to grant sole
or exclusive rights to the Markets to determine the acceptability of any products.
;. Gross Sales
"Gross Sales" shall be defined as the "Total Price as indicated on the GRRWA Products
Order Form without adjustments for returns, allowance, or bad debt.
4.' Material
"Material" shall mean recycled yard waste and source separated organic material meeting the
specifications detailed in Article III herein and as amended.
5. Market
"Market" shall mean the purchaser of materials as arranged by GRRWA.
Parry
"Pam" shall mean either signatory hereto. Parties shall mean all signatories hereto.
Project Representative
"Project Representative" as further defined in Article IX hereof. shall mean the person
authorized by the Parties to act on their behalf with respect to the performance of this
Agreement.
8. Residue
"Residue" materials shall mean materials judged by GRRWA or Purchaser to be -
unacceptable and not in compliance with the specifications and standards as set foiith herein.
9. Shipped
"Shipped" shall mean any quantity of Material transferred from City to Markets for sale.
ARTICLE II - INTENT
1. It is the intention of the Parties hereto, that GRRWA will provide services. some for a fee,
to establish markets and broker recycled materials produced by the City.
?. Each of the Parties hereto agrees to cooperate with each other to expeditiously perform the
work of the contract, and to harmoniously conduct their operations in a relationship of trust
and confidence. one with the other, in general accordance with the procedures outlined in this
Agreement.
.ARTICLE III - MATERIALS
The Materials to be considered under this Agreement shall consist of composted yard waste
and source separated organics. bulk and bagged. for resale as a topsoil product. The product
shall be free of foreign material, heavy metals. and any other contaminants and meet the
requirements for the US Composting Council's Seal of Testing Assurance policy. All costs
associated with Materials rejected by the market shall be the responsibility of the City.
2. The City shall process and prepare all materials for resale per specifications to be mutually
agreed upon between the GRRWA, City, and Markets. The price charged for Material
preparation to Markets shall be determined by City.
;. GRRWA shall be responsible to arrange Material delivery to specified Markets within a
reasonable period of time. All shipments of materials to Markets shall be made in vehicles
not designated or used for solid waste management. Delivery, loading, and other associated
freight costs are t6 be paid by the City.
4. GRRWA shall notify, via facsimile on the GRRWA Products Order Form attached hereto
as exhibit "A" and made a part hereof, City of receipt of an order for Materials. Each order
for Material shall specif the following: an order number. date ordered placed. quantity of
material ordered. cubic yar if bulk. number of bags if bagged. the quoted price per unit. the
place where Materials are to be shipped. any special shipping arrangements. the method of
payment by the Market (C.O.D. or charged if the order is from an approved account
customer).
5. The City shall provide a monthly report. or more frequent if necessary, to GRRWA
indicating the order number. date an order was shipped. a load identification number, carrier.
number of units of Material shipped.
6. Conditionally Defective Materials. or parts thereof. will b sorted out by the Market. The
City will be notified by phone that contaminants have been found and are available for their
inspection and shall have five working days to examine such materials. After five working
days, the contamination will be handled as mutually agreed by the City and GRRWA.
GRRWA will communicate decisions to the Market. The City will receive a letter stating
original shipment daze. load identification number. and number of units of Material affected.
7. If GRRWA or Market identifies anv Residue. GRRWA shall notify the City via telephonic
communication followed by written confirmation. Handling of the Residue will be mutually
agreed upon by the GRRWA and the City. Any costs incurred for additional transportation
and handling of Conditionally Defective Materials and Residue shall be paid by the City.
8. GRRWA shall be the exclusive representative for the City for the sale of all Material
produced during the term of this agreement and the City agrees to refer all orders for
Material to GRRWA and will not independently market or sell Material without the written
permission of GRRWA. This condition shall not apply to Material sold for the individual use
of the City facilities. nor shall this condition apply to Material sold to City residents at City
facilities, in quantities up to 2.000 bags and 500 cubic yards (bulk).
9. Each par will protect. defend, indemnify, and keep and save harmless the other party and
its employees from any and all claims, causes of action, or demands which in any way relate
to or arise out of the activities taken pursuant to this agreement and which are caused by the
respective part's action, failure to act, or failure to act and that of its employees. Each party
will be responsible for its own negligence and comparative fault and will protect, defend.
indemnify, and keep and save harmless the other and its employees therefrom.
10. The City shall carry sufficient product liability insurance with a minimum policy limit of
51.000.000 per occurrence and shall indemnify and hold harmless GRRWA for any and
all claims that arise from claims related to the City's products.
ARTICLE IV - TRANSPORTATION i
The City shall provide transportation for shipment of materials from the City to the Market
on a load by load basis. Shipments of materials to Markets shall be made in vehicles not
designated or used for solid waste management. Scheduling shall be made by GRRWA at
the mutual convenience of both the City and Market. GRRWA will first contact the City
to schedule transportation with City trucks when available. Appropriate records and units
shipped will be provided by the City to Market and GRRWA.
2. the City will arrange for and be responsible for any cost incurred for additional
transportation and handling of Conditionally Defective Materials and Residue Material.
ARTICLE V - RATE OF PAYMENT'
The City shall pay GRRWA four payments of five thousand dollars ($5,000) each due and al-
payable at the following schedule: within fifteen days, six months, one year, and two years
of the execution of this agreement. If the agreement is terminated prior to submittal of the
four payments. any remaining payments are due within fifteen days of the termination
of the agreement.
2. The City shall pay 10.0% commission of gross sales during the time period covered in this
Agreement. GRRWA shall invoice all Markets. Payments from Markets shall be paid to
GRRWA. On a monthly basis, GRRWA will remit to City any receipts for Material sold
from City less any accrued commissions earned by GRRWA for prior sales. Payments will
be made to the City within thirty days.of the end of the preceding month.
;. Monthly payments to the City shall be accompanied by a report summarizing the Markets
and sales for the month. The report will also indicate outs tanding orders and invoices.
4. The City shall assume all risk and liabilities associated with bad debts and uncollectible
accounts receivables for products produced by the City. GRRWA will make attempts to
insure that all account customers are secure. GRRWA will identify all new customers and
encourage the City to ship initial loads to new Markets C.O.D. unless otherwise mutually
agreed upon between the City and GRRWA.
ARTICLE VI - TERM OF AGREEMENT
1. The initial term of this Agreement shall be for five years from the execution date. This
Agreement shall be automatically renewable for an additional two -year period with mutual
agreement of both parties.
2. Either patty may elect not to renew this Agreement after the initial five year term. If either
party wishes to exercise the right of non- renewal.City or GRRWA must notify in writing the .
other that the right of non - renewal is being exercised. Such notice of non - renewal must be
made no later than sixty (60) days prior to the termination of this Agreement as provided for
in Article VI. Section 1. In the event that GRRWA decides to discontinue this marketing
program. for any reason. GRRt,VA shall give at least one hundred twenty (120) days notice
to City of its intention to discontinue the marketing program and this Agreement shall
terminate one hundred twenty (120) days from the date of this notice or such later date as
indicated by GRRWA. In the event this Agreeement is not renewed or is otherwise
temvnated, the City shall be responsible to fill all market orders accepted prior to the
termination of this Agreement even if . the satisfaction of this requirement requires
performance beyond the termination date. Likewise. the GRRWA shall be responsible to
coordinate the sale and delivery of all market orders accepted prior to the termination of this
Agreement even if GRRWA's performance shall extend beyond the termination date.
3. Each of the Parties shall have a unilateral right of non - renewal of this Agreement. To exercise
the right of non - renewal. City or GRRWA must notify in writing the other that the rigfif of
non- renewal is being exercised. Such notice of non - renewal must be made no later than 66
days prior to the termination of the then current 12 month period. as provided for in A` icle
VI Section 1. The City shall be responsible to fill all market orders accepted prior to the
termination of this agreement even if the satisfaction of this requirement requires
performance beyond the termination date..
4. If either parry exercises their right of non - renewal, the City shall not independently market
to Markets established by the Authority for one year after the termination of this Agreement.
l• 5. This agreement may be terminated in the event of a breach or non - performance of any
material term of this. agreement. However, termination for breach under this section can
occur only after giving written notice to the party alleged to have breached this agreement
and after giving that party a period of thirty (30) days to cure the alleged breach. Said notice
shall be mailed by registered mail to the person listed in Article VII(6) and the thirty day
cure period shall begin upon receipt of the notice. The notice shall clearly and concisely set
out the basis for the claim of breach, reference the provision of this agreement which is
claimed to be breached. and set out what conditions need to be met or actions need to be
taken to cure the alleged breach.
ARTICLE VII - MISCELLANEOUS
1. Waiver
The failure by a party to exercise or enforce any of the terms or conditions of this Agreement
will not constitute or be deemed a waiver of that party's rights hereunder to enforce each and
every term of this Agreement. The failure by a party to insist upon strict performance of any
of the terms and provisions herein will not be deemed a waiver of any subsequent default in
the terms or provisions herein.
2. Divisibility
The provisions of the Agreement are divisible. If any such provision shall be deemed invalid
. or unenforceable, it shall not affect the applicability or validity of any other provision of this
Agreement.
Modification IW
This Agreement may not be modified or amended except as is mutually agreed to in writing
and signed by the parties hereto.
4. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective S-:ccessors and assigns.
Assignability
Neither this Agreement. nor any duties of obligations hereunder shall be assignable by any
of the parties to the Agreement. whose consent shall not be unreasonably withheld.
6. Notices
al: notices under this Agreement shall be deemed to be duly given upon the date such notice
is V ersonally delivered or if sent by register i or certified mail. return receipt requested.
addressed to the addressee at the address hereinafter set forth or at such other address as any
party provides. upon the date of receipt of the return receipt requested.
W3;�t.� /�
Kjrsten Bobb, Director A�
GRRWA _
2092 303 Avenue
Fort Madison, IA 52627
Phone: (319)372-6140
Fax: (319)')72-6222
Citv of Hutchinson
Gary Plotz. City Administrator
Hutchinson City Center
111 Hassan Street SE
Hutchinson. MN 55350 -2522
Phone: (651) 587-5151
Fax: (651) 234-4240
Entire Agreement
This Agreement and the Attachments, Acceptances, Exhibits, and Schedules attached hereto
supersede any and all other agreements, either oral or written. between the parties hereto with
respect to the transactions conducted herein. and contains all the covenants and agreements
between the parties with respect to such transaction in any manner whatsoever.
8. Governing Law
• This Agreement shall be governed by and construed in accordance with the laws of the State
of Iowa. Any disputes arising out of the performance of this agreement shall be submitted
to the Iowa District Court in and for Lee County at Fort Madison.
9. Captions
This Agreement and titles in this Agreement are inserted for convenience only and shall not
be considered as part of or affect the construction or interpretation of any provision of this
Agreement.
10. Force Majeure
Should the ability to process or market Material as set forth in this Agreement be delayed or
impossible due to strike, fire. riots, revolution or other cases of "force majeure" (included
but not limited to Acts of God, fires, explosions, strike or other labor unrest) shall not be held
in default for a reasonable duration during the event and thereafter.
11. Change in Law
In the event that a change in law prevents either party from performing their duties in a
reasonable, economical and practicable manner. the parties can give thing days notice of
termination of this agreement if replacement terms cannot be agreed upon by the parties.
u
•
1N WITNESS WHEREOF, the parties have executed this Agreement of the 15 th day o�
February •'000•
W JitenBobb, Director
GRRWA
✓ Plotz, Adm ' trator
City of Hutchinson
Approved as to Form:
a
Douglas apier
Legal Counsel. GRRWA
r Tor so May
City of Hu
Is
Memorandum
T0: Mayor and Council
FROM: Brenda Ewinluman Resources/Transit Coordinator
RE: 2001 Annual Wage Adjustment Policy and Reclassification Considerations: •,
DATE: January 17, 2001
11 L I1
o
-- Attached is the City of Hutchinson Annual Wage Adjustment Policy (pay plan) dated January
1 -001. The pay plan language reflects the changes made to the City pay plan per the adoptio� of
the new Job Evaluation and Compensation Plan adopted by the Council on October 24, 200
and implemented on January 1, 2001. Please note that this document clearly states that there are
no additional planned increases (step or exceptional service pay) for employees for 2001 after the
initial placem on the pay grid as of January 1, 2001.
• It is requested that you consider adoption of Resolution No. 11641 at your meeting of January
23,2001.
If you have any questions regarding this matter, please contact me.
Enc.
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8 -)9-t
City of Hutchinson
Annual Wage Adjustment Policy
January 2001
RESOLUTION NO. 11641
RESOLUTION ADOPTING POSITION CLASSIFICATION
ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 2001
WHEREAS, the City Council has considered the existing classification of positions for
the City of Hutchinson and the current economic conditions, and;
WHEREAS the City Council adopted the job evaluation and compensation system
recommended by Stanton Group on October 24, 2000, to be implemented on January 1, 2001,
BE IT RESOLVED, that a Position Classification Plan is hereby adopted. All positions
covered by this Resolution shall be grouped in grades having a definite range of difficulty and
responsibility. For each position there shall be a title; and there shall be shown examples of
work which are illustrative of duties of positions, as well as requirements as to knowledge,
abilities and skills necessary for performance of the work; and a statement of experience and
training desirable for recruitment into a position.
A. ALLOCATION OCATION OF NEW POSITIONS_
When a new position is created for which no appropriate description exists or when the duties of •
an existing position are sufficiently changed so that no appropriate description exists, the City
Council, after recommendation of the Human Resources Coordinator, shall cause an appropriate
job description- specification to be written for said position.
• • :►
As often as necessary to assure continued correct classification, the Position Classification Plan
shall be reviewed by the Human Resources Coordinator and necessary adjustments
recommended to the City Council.
Upon adoption of the Resolution, a copy of the Position Classification Plan approved by the City
Council shall be placed on file with the City Administrator. The plan so filed and subsequently
adjusted by the Council shall be the Position Classification Plan of the City.
Flements of the Plan. The Compensation Plan shall consist of:
Each numbered pay grade in the basic table consists of a minimum (Step 1 - 80 %) rate •
and a market rate (Step 6 - 100 in addition to intermediate levels, shown on page
7. Stens 1 — 6 are administered in a traditional step system. Steps 7 and 8 are established
as a ment element (exceptional service pay) to reward employees who are already at Step
• 6 and whose job performance is outstanding. Steps 7 and 8 are defined as 105% and
110% of the market rates, respectively.
•. .� .� ArT1n'r IM. n..
The assignment table shall assign all of the various positions in the Position
Classification Plan to the appropriate pay grade; shown on page 6.
The City Council reserves the right to modify any or all of the pay grades or position
classification assignments as set forth in said plan at any time.
Each position is assigned a pay grade. The normal beginning rate for a new employee
will be the minim rate. After satisfactory completion of twelve months probation, an
increase to the next step, up to Step 6 on the plan, will normally be granted. Thereafter,
consideration for step increases or exceptional service pay will be given annually each
• individual anniversary date. The City Administrator reserves the discretion to adjust
individual rates within the assigned pay grades based as required. Consideration for
market adjustment for all pay grades will be made each January 1. For 2001, employees
have been assigned a pay rate based upon current 2000 pay rates.
Each position is assigned a pay grade. The normal beginning rate for a new employee
will be the minimum rate. After satisfactory completion of twelve months probation, an
increase to the next step, up to Step 6 on the plan, will normally be granted. Thereafter,
consideration for step increases or exceptional service pay will be given annually each
individual anniversary date. The City Administrator reserves the discretion to adjust
individual rates within the assigned pay grades as required. The Council will determine
any pay increase for the City Administrator. Consideration for market adjustment for all
pay grades will be made each January 1. For 2001, employees have been assigned a pay
rate based upon current 2000 pay rates.
The position of full time police patrol officer is assigned to Grade 5 on the pay plan.
Temporary assignments will be made from these positions as needed for the investigative
• function for the department. With said assignment, there will be an additional $200.00
per month premium on top of the employee's patrol officer grade and step assignment.
d. Time iquor Store Clerk and Part -Time Custodial Positions
Tht s of part-time liquor store clerk and part-time custodian have been placed in •
sep plans that recognize the specific industry labor markets in which they work.
n�Me
Any adjustment on January I of any year shall be separate and apart from the
indi miversary increases. In determining a recommendation for an annual market
adju the wage committee shall consider, at least the following information:
1. and Minneapolis/St. Paul consumer priced index changes (CPIU & CPM
2. al Securitv calculation of cost of living increase
3. mployment rate
4. :uployee turnover rate
5. - -a wage survey
6. islative growth factor constraints
a. - onnel FvdU=Qns
Reas a efforts will be made to conduct personnel evaluations prior to the employee's •
anni y date. An evaluation made by the employee's supervisor shall be submitted in
writ he employee and to the City Administrator. All evaluations will be forwarded
to h Resources for filing in the employee files.
Eva. s shall be based upon the performance of the individual in the position
me: against established job performance criteria. Such criteria may include level of
knc skills, ability, quality of work, personal work traits, compliance with
esta: d City or departmental rules and regulations or any other criteria that is
indii of performance.
The mance appraisal process is the application of performance standards to past
perR ice. In appraising an employee, these are the basic levels of performance:
5-( coding - Performance is exceptional in all areas and is recognizable as being far
sups :) others.
4— As Job Requirements - Results clearly exceed most positions requirements.
Pen ace is of high quality and is achieved on a consistent basis.
3—' Job Requirements - Competent and dependable level of performance. Meets
pert ice standards of the job.
2 - ; Improvement - Performance is deficient in certain area(s). Improvement is
necc •
I - Lies... isfactory - Results are generally unacceptable and require immediate
3
improvement.
• Results. The results of the employee's evaluation will normally have the following effect
on his/her salary.
5 - An overall rating of 5 will normally make the employee eligible for an increase to the
next Pay Grade Step up to Step 6. Thereafter, an overall rating of 5 will normally make
the employee eligible for consideration for exceptional service pay.
4 - An overall rating of 4 will normally make the employee eligible for an increase to the
next Pay Grade Step up to Step 6.
3 - An overall rating of 3 will normally make the employee eligible for an increase to the
next Pay Grade Step up to Step 6.
2 - An overall rating of 2 will normally make the employee ineligible for any scheduled
wage adjustment.
1 - An overall rating of 1 will normally make the employee ineligible for any scheduled
wage adjustment.
There shall be a maximum of a five percent (5 %) exceptional service pay increase/
payment that may be granted to an employee achieving an eligible performance rating.
Increases shall be recommended by the supervisor and must be approved by the City
Administrator. No exceptional service pay increases will be granted for 2001.
For employees in any class, an additional consequence of disciplinary action more severe
than level a, oral reprimand, as defined in the city personnel policy, will be the permanent
loss of the January 1 market adjustment in the calendar year following such disciplinary
action. This will occur unless the director in charge and the city administrator decide
otherwise.
M FSi'7M . 0 IiilnIT
Notwithstanding any language to the contrary, the City Council retains the right to
deviate from the pay plan when, in the sole judgment of the City Council, market
conditions or other circumstances dictate such a decision.
No exceptional service pay funds will be considered for 2001. The City Administrator
and directors, when determining exceptional service pay funds, shall consider the typical
performance rating distribution for the City of Hutchinson employees. Exceptional
service pay shall be based on a quantifiable measurement of employee performance, the
standards of which shall be recommended by the directors, reviewed by the wage
committee, endorsed by the City Council, implemented by the directors, and administered
by Human Resources.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON •
That the following table is hereby adopted as the City Position Classification Assignment
Table, to be reviewed from time to time. assigning the various positions in the Position
Classification Plan to the appropriate pay grades in the table. Pay grades for regular part time
(PT) positions are assigned according to job responsibilities at the discretion of the City
Administrator and Human Resources Coordinator.
5
POSITION CLASSIFICATION TABLE
W rade
Position Title
Grade
Position Title
1
Custodian/Courier
4
Senior Wastewater Maintenance
PT City Center Receptionist
Technician
PT PRCE Receptionist
Street Maintenance Supervisor
PT Custodian — Fire Station. Librarv. Street
Youth Recreation Programmer
Laboratory Technician
2
BuildingiPlanning Secretary
PT Adult Recreation Programmer
Custodian CSO Officer
PT Communications Specialist
PRCE Secretary
Sanitary/Storm Sewer Maintenance
Engineering Technician III
Technician
Police Patrol Officer
Water /Wastewater Maintenance
PT Police Patrol Officer
Technician
PT Community Services Programmer
Water Account Technician
PT Accounting Specialist
6
Compost Site Coordinator
PT Accounting/Data Entry Technician
Forester
PT Motor Vehicle Clerk
Resource Recovery Coordinator
PT Wastewater Maintenance
Water Systems Supervisor
PT Liquor Store Clerk C
7
Building Official
3
Administrative Secretary
Information Technology Coordinator
CSO/Records Technician
Police Sergeant
•
Custodian/Maintenance Operator
Motor Vehicle Deputy Registrar
Engineering Secretary
Lab Assistant/Groundskeeper
8
Assistant Public Works Director
Liquor Store Clerk A
Assistant to the City Engineer
Maintenance Operations Technician
Human Resources Coordinator
Park/Arena Maintenance Operator
PRCE Coordinator
Planning Coordinator
Recreation Facilities/ Operations Manager
Police Administrative Secretary
Public Works Specialist
10
Police Lieutenant
Street Equipment Operator
Water Plant Operator
12
Director of Planning/Zoning/Building
Wastewater Plant Operator
Enforcement
PT Senior Program Supervisor
Director of Water/Wastewater Operations
Executive Director — EDA
4
Building Inspector
Liquor Store Manager
Cemetery Supervisor
Fire Chief
Communications Specialist
Engineering Technician H
14
Director of PRCE
Equipment Mechanic
Finance Director
Finance Technician
Police Chief
GIS Technician
Investigative Support Assistant
15
Director of Engineering/Public Works
Park Maintenance Supervisor
Personnel/Insurance Technician
19
City Administrator
•
Senior Wastewater Plant Operator
S • 9
City of Hutchinson
Compens Plan - 2001
-
- -
-
Start Step
hourly
-
Step 2
Step 2
f_
hourl
Step 3
Slep 3
hourly
Step 5
hourly
-Exce lional Servk:e PaY
Step 7
hourly
Starting
Ste
Step 4
Step 4
hour)
Step 5
Slep 6
Step 6
hourly
Step 7
(base)
Stop 7
hour)
Step 8
tumvsum)
Step 8 rly
hou
19
18
17
16
$5,687
$5,479
$5,272
$5,064
$32.81
$31.61
$30.41
$29.22
$5,971
$5,753
$5,535
$5,317
$34.45
$33.19
$31.93
$30.08
$6,255
$6,027
15,799
$5,571
$36.09
$34.77
$33.46
$32.14
$6,540
$6,301
$37.73
$36.35
$6,824
$6,575
$39.37
$37.93
$7,108
$41.01
$7,464
$43.06
$7,819
$45.11
$6,849
$39.51
$38.02
57,191
$6,919
$41,49
$39.92
$7,534
$43.47
$41.82
$40.17
$6,062
$5,824
$34.98
$6,326
$3 6.56
$6, 590
$7,249
$33.60
$6,077
$35.06
$6,330
$36.52
$6,647
$38.35
$6,963
15
14
13
12
11
10
9
8
7
6
5
4
3
2
-- 1
-- F'1
Custodian
$4,857
$4,649
$4,442
$4,234
$4,027
$3,819
$3,612
$3,404
$3,197
$2,989
$2,782
$2,574
$2,367
$2,159
$1,952
- - - - --
$28.02
126.82
$25.63
$24 .43
$2123
$22.03
$20.84
$19.64
$18.44
$17.25
$16.05
$14.85
$13.65
$12.46
$11.26
$9.83
$5,100
$4,882
$4,664
4 6
$4,4
14,228
$4,010
$3,792
$3
$3.357
$3,139
$2,921
$2,703
$2,485
$2,267
$2,049
$29.42
$28.16
$5,342
$5,114
14,886
$4,658
$4,429
$4,201
$3,973
$3,745
$3,516
$3,288
$3,060
$2,832
$2,603
$2,375
$2,147
$30.82
$29.51
$28.19
$26.87
$25.55
04.24
$22.92
$21.60
$20.29
$18.91
$17.65
$16.34
$15.02
$13.70
$12.39
$10.81
$5,585
$32.22
$5,828
$33.62
$22.19
$30.75
$21
9.3
$2288
$26.44
$25.00
$2157
$22.13
$20.70
$19.26
$17.82
$16.39
$14.95
$13.51
- $6,071
$5,812
$5,552
$5,293
$5,033
$4,774
$4,515
$4,255
$3,996
$3,737
$3,477
$3,218
$2,958
$2,699
$35.02
$6,374
$36.78
$6,678
$38.53
$5,347
$5,108
U,90
$4,631
$4,392
$4,153
- $3,915
$3,676
$3,438
$3,199
$2,960
$2,722
$2,483
$2,245
$30.85
$29.47
$28 .09
$26.72
$25.34
$5,579
$5,330
$5,081
$4,832
$4
$4,334
$33.53
$6,102
$35.21
$6,393
$36.88
$26.91
$25 .65
$24.39
$23.14
$21.88
$20 -62
$19.37
$18.11
$16.85
$15.59
$14.34
$13.08
$11.82
$10.32
$32.03
$5,830
$33.63
$6,107
$35.24
$30.54
$29.04
$5,557
$5,285
$32.06
$30.49
$5,822
$5,537
$5,251
$3159
01.94
$30.30
$27.54
$26.05
$5,013
$28.92
$23.96
$4,740
$27.35
$4,966
$28.65
$2.01
$25.36
$23.71
$22.07
$20.42
$22.59
$21.21
$19.83
- $18.46
$17.08
$15.70
$14.33
$12.95
$4,085
$3,836
$3,587
$3,338
$3,089
$2,840
$2,591
$2,342
$24.55
$23.05
$21.56
$20.06
$18.56
$4,468
$4,196
13,923
$25.78
$24.21
$4,681
$4,396
$4,110
$3,825
$3,540
$22.64
$3,651
$21.06
$19.49
$3,379
$17.07
$15.57
$3,106
$2,834
$17.92
$16.35
$3,254
$2,969
$18.78
$17.13
$15.48
$2,440
$14.08
$2,582
$14.78
$2,684
$11.30
$11.80
$12.29
$12.90
$13.52
PT Liquor
Store Clk
$7.45
$7.82
$8,19
$8.57
$8.94
59.31
$9.78
$10.24
This Resolution authorizes stall to change 2001 budget appropriations to reflect rate changes.
Adopted by the City Council this day of 2001. (This Replaces Resolution No. 11375 )
ATTEST:
Marlin Torgerson, Mayor
Gary D. Plotz, City Administrator
7
C
•
Hutchinson Citv Center
111 Hassan Street SE
Hutchinson. \IN 55350.2522
320- 587- 5151/Fax 320.23-1-3:10
MEMORANDUM
DATE: January 17, 2001
TO: Hutchinson City Councii
FROM: Hutchinson Planning Commission
SUBJECT: FINAL PLAT OF THIRD ADDITION TO ROLLING MEADOWS FOR 35 SINGLE
FAMILY LOTS AS REQUESTED BY SORENSON AND NAUSTDAL PROPERTIES
LLC.
Pursuant to Section 3.20 of Subdivision Ordinance No. 466. the Hutchinson Planning Commission is
�erebv submitting its findings of fact and recommendation with respect to the aforementioned request for a
-anal plat.
3ISTORY
application was made on December 26. =000 for a final plat to be known as Third Addition to Rolling
Meadows.
FINDINGS OF FACT
• I. The required application and plat maps were submitted and the appropriate fee paid.
2. The item was discussed at the January 16. 2001 Planning Commission meeting, at which time
there were no parties present objecting to the request
RECOMMENDATION
The Planning Commission recommended approval of the plat with the resolution of the following
items.
CONDITIONS
L Must execute subdividers agreement prior to consideration of the final plat by the Citv
Council.
2. Erosion control must be present throughout construction. until stabilization of the sod occurs.
3. Adequate access must be maintained during construction for the purposes of entering the
property for emergency services.
Respectfully submitted.
William AmdL Chairman
Hutchinson Planning Commission
cc Sorenson and Naustdal Properties. 1352 Heritage Avenue NW. Hutchinson. MN 55350
Marry Campion. Otto Associates. 9 West Division, Buffalo, MN 55313
•
r�mcu un rn-vneJ Duper -
r-1114)
I CITY OF HUTCHINSON PLANNING STAFF REPORT
To: Hutchinson Planning Commission
• Prepared B }: Planning Staff: Brad Emans, Dick Schieffer. Dolf Moon, Don Nelson,
Gary Plotz, Jean Ward, John Rodeberg, John Olson. John Webster,
Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Hollv
Kreft, Christie Rock and Julie Wischnack. MCP
Date: January 8, 2001 — Meeting date January 16, 2001
Applicant: Sorenson and Naustdal Properties
Property
Location: South of Golf Course Road, East of California Street
Brief Description
The property was rezoned to R- in June of 1999. The first phase of the development. which
included a regional storm water pond. was constructed in 1999. The next phases were developed
in 2000. This would be the final phase to the subdivision. The applicants are requesting final
plat approval for the remaining 3 5 lots. The lots meet the minimum zoning requirements for the
R3 area and do not deviate from the original preliminary plat. (A point of information — the road
• in the southeast comer of the plat. 7` Avenue NW is going to extend to the east, rather than the
south.)
GENERAL INFORMATION
Existing Zoning: R3
Existing Land Use: Vacant
Adjacent Land Use
And Zoning: Rl and R2
Comprehensive
Land Use Plan: Low to medium density
Zoning History: Two prior final plats. a preliminary plat. and a rezoning.
Applicable
Regulations: Section 12.'_'0 Hutchinson Subdivision Ordinance
SPECIAL INFORMATION
• Transportation: Extension of 8 Avenue Northwest and Seventh Avenue
Northwest
�w)
Sorenson/Naustdahl Final
Planning Commission Review — January 16, 2001
Page 2
Sewer, Water and
Other Charges:
Recommendation:
Sewer and Water charges will be due at the time of building
permit. Sewer fees are 51.000 per unit. Water fees are 5750 per
unit. Park fees will be $135 per unit. A subdividers agreement
must be executed prior to consideration of the plat by the City
Council (January 23. 2001).
Staff redommends approval of the final plat with the following conditions -
I. Must execute subdivider's agreement prior to consideration of the
final plat by the City Council.
2. Erosion control must be present throughout construction. until
stabilization of the soil occurs.
3. adequate access must be maintained during construction for the
purposes of entering the property for emergency services.
Cc: Sorenson and Naustdal Properties. 1352 Heritage Avenue NW, Hutchinson MN
Marty Campion. Project Engineer. Otto Associates
Jean Ward
0
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RESOLUTION NO. 11644
RESOLUTION GIVING APPROVAL OF FINAL PLAT TO BE KNOWN, AS 3rd ADDITION TO
ROLLING MEADOWS LOCATED SOUTH OF GOLF COURSE ROAD SUBMITTED BY
SORENSON AND NAUSTDAL PROPERTIES
WHERE AS, Sorenson and Naustdal Properties. has submitted a final plat to be known as 3rd
ADDITION TO ROLLING MEADOWS of said subdivision in the manner required for platting of land under
the Hutchinson Ordinance. and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and
requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and
WHEREAS, said plat is situated upon the following described land in McLeod County, to -wit;
New Legal Description: 3rd ADDITION TO ROLLING MEADOWS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
That said final plat of 3rd ADDITION TO ROLLING MEADOWS 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
following conditions:
a) Erosion control must be present throughout construction, until stabilization of the soil
occurs.
b) Adequate access must be maintained during construction for the purposes of entering the
property for emergency services.
Adopted by the City Council this 23rd day of January, 2001
ATTEST:
Gary D. Plotz Marlin Torgerson
City Administrator Mayor
C
0
DATE: January 17.:001
Hutchinson Citv Center
I I1 Hassan street JE
Hutchinson. iNiN 55350-2522
0.587.5151/Fur 320- 234 -4240
MEMORANDUM
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO LOCATE A GAS STATION WITHIN
THE C4 ZONING DISTRICT
Pursuant to Sections 8.12 of Zoning Ordinance No. 464. Hutchinson Planning Commission is hereby submitting its
findings of fact and recommendation with respect to the aforementioned requests for a conditional use permit.
HISTORY
On December 20. 2000. Wal -mart Stores Inc.. owner and Murphy Oil USA Inc., applicants submitted an application
For a conditional use permit. The conditional use permit is required for gas stations within the C -4 District.
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
is January 4, 2001
;. There were fmdin¢s that items required change on the site plan.
RECOMMENDATION
The Planning Commission voted to recommend approval of the conditional use permit with the following conditions:
l . The western entrance must be moved to the east at least 15 feet to meet the 25 foot
setback.
�. All lights snail be so located and/or shielded that the resultine iieht partem does not
extend into the public right of way beyond the intensity of one foot-candle.
3. Architectural elements must be similar to new WalMart facade and color scheme.
This will be verified when the applicant submits building permit information.
4. The trash enclosure must be moved to more aesthetically sensitive area and be more
heavily screened. (Plans submitted on January 17, 2001 indicates that the enclosure
will be moved to the western portion of the site.)
5. The landscaping plans must be reviewed by the City Forester.
6. The ATM machine and telephone must be located in an area accessible to a driver
without having to cross a lane of traffic. (These items will move from the eastern
portion of the lot to the northern portion of the lot.)
Respectfully submitted.
Bill Amdt. Chairman
Hutchinson Planning Commission
Pnn¢o un rccvcled oa r- C�
CITY OF HUTCHINSON PLANNING STAFF REPORT
To: Hutchinson Planning Commission
Prepared Bv: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson,
Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster,
Marc Sebora. Mark Hensen, Mark Schnobrich. Steve Madson, Holly
Creft, Christie Rock and Julie Wischnack
Date: January 8, 2001 — Meeting Date: January 16, 2001
Applicant: Murphy Oil USA Inc., Applicant
WalMart Stores Inc., Owner
Brief Description
The applicant is requesting a conditional use permit to allow the construction of a eas
station at the northwest comer of Denver Avenue and State Highway 15. Murphy Oil
USA. Inc.. the applicant. is proposing to lease the property from WalMart Stores Inc.
The property is zoned C4. The Zoning Code specifies that any use, which is allowed in a
C2 Zoning District, is a conditional use within the C4 Zoning District. Automotive
stations, including gas pumps, are allowed in the C2. Therefore, a gas station is a
conditional use within the C4. The code sets forth specific regulations regarding motor
fuel stations. This report provides that code information and indicates whether the
submitted site plan provides this data.
GENERAL INFORMATION
Existing Zoning: C-4
Property Location: The northwest corner of Denver Avenue and State Highwav 15.
Lot Size: Leasing a 100' x 227' area of the approximately 27 acre site,
WalMart owns.
Existing Land Use: WalMart Store and parking lot area.
Adjacent Land Use
And Zoning: C4 Zoning surrounds the property.
Comprehensive
Land Use Plan: Commercial
Zoning History: WalMart Plat in 2000.
Applicable
Regulations: Section 8.12 - Conditional Use Permit Required.
Section 10.05 — Service Station regulations.
_ Conditional Use Permit
Murphy Oil USAINValMart Stores
Planning Commission Review — January 16. 2001
Page 2
SPECI_aL INFORMATION
The following information is from section 10.05 of the zoning code:
1. The parcel of land shall not be less than 150 feet wide and 125 feet deep with one side facing
on an arterial. minor arterial or collector street.
This is not a separate parcel of land: therefore this provision does not appiv.
2. No curb cut on an arterial or collector street shall be within 75 feet and no curb cut on a
local street shall be within 25 feet of the intersection of the project curb lines: no curb cut
shall exceed 32 feet at the sidewalk line; the drivewav installed with a curb cut shall not
cause the public sidewalk to slope greater than '/, inch per foot; no more than 3 curb cuts
shall be permitted.
The western entrance to the station is too close to the driving lane for the WalMart parking lot. The
entrance must be moved at least 25 feet to the east.
_. The pump islands shall observe the required front yard setback. 15 feet or more which shall
be landscaped and protected by a curb at least six inches high except for approved driveway
crossings.
The pump islands meet the setback regulations (25 feet from rights of way, 20 feet from interior lot lines.)
4. All of the area of the parcel except that covered by buildings and landscaping shall be hard
• surfaced to control dust and drainage. Drainage and surfacing plans must be approved by
the City Engineer.
This is required.
5. An 8-foot tall, 100 percent opaque fence shall be installed and maintained along the property
line where said line abuts a residential .....
This provision does not apply since there is no residential zoning in the area.
6. A minimum of 4 parking spaces for each service stall shall be provided. none of which are
within the service drives for the pumps nor within the required front yard; also. should the
motor fuel station be a combined business, the portion of the site and structure devoted to
such other business shall be calculated independently for determining parking to be
provided.
The parking area for WalMart was oversized: therefore, parking requirements are met with spaces located
to the north.
All lights shall be so located and/or shielded that the resulting light pattern does not extend
into abutting residential lots or the public right of way beyond the intensity of one foot -
candle.
This is a condition of the permit.
S. The sale or rental of trailers, autos, campers, boats or other merchandise requiring outside
storage shall be considered a separate business, shall be approved as a separate business and
• shall not occupy the minimum area required to conduct a motor fuel station.
The applicants are not proposing this use.
Conditional Use Permit
Murphy Oil USA /Wa1Mart Stores
Planning Commission Review — .January 16. 2001
Page 3
9. No obstructions shall be placed in the public right of way, handicapped ramps, parking stalls
or access drives.
The site plans doe not indicate issues with this provision.
10. A perspective drawing, including elevations. shall be submitted for approval which indicates
an architectural stvle compatible with adjacent existing or proposed developments.
The applicants are submittine this information. The architectural elements and color scheme should be
similar to the new WalMart design. - -
I1. Provisions shall be made for on lot receptacles for the storage'ofrrash in areas which are -
screened from the public view.
There is a trash enclosure indicated on the Highwav 15 side of the property. This location is probably the
most visible place to locate a trash container. This must be moved to the west or northern portion of the
leased area and more screening must be provided.
12. Where vending machines are proposed as an accessory use they shall be into -
the design of the structure.
There are no vending machines located on the site plan.
13. All fuel storage tanks shall be placed in conformance with State fire codes and so located
that they may be service without the truck extending beyond the property line.
The applicants are required to obtain necessary permits from the Building Department as well as the .
Minnesota Pollution Control Agency.
Other Issues: The ATM machine is located on the eastern portion of the
property. This location is not in a desirable location, as it is on the
opposite side of the driver, who would be crossing traffic to utilize
the machine. The ATM machine must be located in a more
appropriate location. Possibly, next to the building may be more
convenient.
Analysis and
Staff
Recommendation: While the site plan requires corrections, staff would recommend
approved based on the following conditions:
1. The western entrance must be moved to the east at least 15 feet
to meet the 25 foot setback.
2. All lights shall be so located and/or shielded that the resulting
light pattern does not extend into the public right of way
beyond the intensity of one foot- candle.
3. Architectural elements must be similar to new WalMart fagade
and color scheme. (General design elements must be submitted •
prior to City Council review.)
4. The trash enclosure must be moved to more aesthetically
sensitive area and be more heavily screened.
•
u
Conditional Use Permit
Murphy Oil USA/NVaiMart Stores
Planning Commission Review January 16. 2001
Page 4
=. The landscaomg plans must be reviewed by the Ciiv Forester.
6. The ATM machine must be located in an area accessible to a
driver without having to cross a lane of traffic.
Cc: Murphy Oil USA Inc.. 131 South Robertson Streev 13` Floor. New Orleans LA
70112
CEI Engineering Associates Inc.. Attention Luke Wong, Box 1408. Bentonville
Arkansas 72712
WalMart Stores Inc.. 2001 SE 10'' Street. Bentonville. Arkansas 727L2
•
Publication No.
PUBLISHED IN THE HUTCHINSON
LEADER Thursday, anuJ X001
Notice of Public Hearing
CITY OF HUTCHINSON
COUNTY OF MCLEOD
STATE OF MINNESOTA
Il Hassan Street. Hutchinson MN 55350
phone 1320) 587 -5151. ext._58 fax (320) 234 -4240
Notice is hereby given the Hutchinson Planning Commission will be holding a meeting in the Council
Chambers. at City Hall on Tuesda January 16, 2001 at 5:30 p.m. for the purposes of Solding a public
hearing regarding an application from: _
Murphy Oil USA. Inc.. applicant and Wal -Mart Stores Inc.. owners. are requesting to locitea gas station at
the northwest comer of Denver Avenue and State Highway 15. The gas station is proposed to have, 5 pumps
with a 240 square foot kiosk for transactions.
a
The following is a map which identifies the location pt,the property:
All persons wishing to be heard regarding this application should appear at this meeting or provide written
comments no later than 4:30 p.m. on Tuesday, January 16. 2001. Plans and materials are available at the City
offices for review, by appointment. A complete agenda of the Planning Commission meeting is also available
at the Citv offices. If you have questions about the proposal. you may contact the Planning Department at
the number provided.
December 28. 2000
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C]
RESOLUTION NO. 11645
RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF WAL ,MART
STORES INC., OWNERS, AND MURPHY OIL INC., TO CONSTRUCT GAS STATION TO BE
LOCATED AT THE NORTHWEST INTERSECTION OF DENVER AVENUE AND STATE
HIGHWAY 15
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON. MN:
FINDINGS
L Wal -mart Stores Inc.. property owner. and Murphy Oil. Inc. have made application to the City Council for
a Conditional Use Permit under Section 8.12 to construct a vas station on property with the following legal
description:
LEGAL DESCRIPTION: Lot 3, Block I Wal -Mart Subdivision Second Addition
2. The City Council has considered the recommendation of the Planning Commission and the effect of the
• proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions. and the effect on values of properties in the surrounding area and the effect of
the use on the Comprehensive Plan.
3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the
Zoning Ordinance and the Comprehensive Plan.
CONCLUSION
RECOMMENDATION:
The City Council hereby approves the conditional use permit with the following condition:
1. The western entrance must be moved to the east at least 15 feet to meet the 25 foot
0
setback.
2.
All lights shall be so located and/or shielded that the resulting light pattern does
not extend into the public right of way beyond the intensity of one foot - candle.
3.
Architectural elements must be similar to new WalMart facade and color scheme.
This will be verified when the applicant submits building permit information.
4.
The trash enclosure must be moved to more aesthetically sensitive area and be
more heavily screened. (Plans submitted on January 17, 2001 indicates that the
enclosure will be moved to the western portion of the site.)
5.
The landscaping plans must be reviewed by the City Forester.
• 6.
The ATM machine and telephone must be located in an area accessible to a driver
without having to cross a lane of traffic. (These items will move from the eastern
portion of the lot to the northern portion of the lot.)
0
Resolution No. 11645
WalMart/Murphy Oil Gas Station
lauuary 23, 2001
?age 2
kdopted by the City Council this =3rd day of January. - 2 001.
ATTEST:
Gary D. Plotz Marlin D. Torgerson
Citv Administrator Mayor
A
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, January 16, 2001
�1. CALL TO ORDER 5:30 P.M. FOR YOUR 1NFORMATIO.:'
The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason
Olson, Dave Westlund, Jim Haugen, and Jeff Jones. Also present: Julie Wischnack, AICP, Director of
Planning /Building /Zoning; Heather Bieniek, Planning Coordinator and Richard Schieffer, City Attorney.
Members absent: Dean Kirchoff and Brandon Fraser.
2. CONSENT AGENDA
Mr. Olson moved to approve the minutes as submitted. Mr. Haugen seconded the motion. Motion carried.
3. ELECTION OF OFFICERS
Ms. Wischnack stated that the commission needed to elect the chair and vice chair positions.
Mr. Haugen nominated Mr. Arndt for the chair position. Mr. Jones seconded the motion.
Mr. Haugen nominated Mr. Jones for the vice chair position. Mr. Westlund seconded the motion. Motion
carried unanimously.
No more nominations were considered.
Mr. Westlund move to approve Mr. Arndt for the chair position. Mr. Jones seconded the motion. Motion
40 carried unanimously.
Mr. Westlund approved Mr. Jones for the vice chair position. Mr. Haugen seconded the motion. Motion
carried unanimously.
Ms. Wschnack asked if New Business section A could get moved ahead. Commission approved.
4. NEW BUSINESS
a) CONSIDERATION OF A FINAL PLAT FOR A 35 - LOT SUBDIVISION TO BE KNOWN AS THIRD
ADDITION TO ROLLING MEADOWS AS REQUESTED BY SORENSON AND NAUSTDAL
PROPERTIES (EAST OF LOUISIANA AVENUE NW AND SOUTH OF GOLF COURSE ROAD)
Ms. Wischnack explained the request and stated that the final plat meets all requirements and she
recommended approval.
Mr. Haugen moved to approve the final plat. Mr. Westlund seconded the motion. Motion was carried
unanimously
5. PUBLIC HEARINGS
a) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR RELOCATING A FUNERAL HOME
REPLACING A BANK USE AT ECHO DRIVE & HWY 15 SOUTH AS REQUESTED BY DOBRATZ-
HANTGE FUNERAL CHAPEL (400 South Glen Street)
Chairman Arndt opened the hearing at 5:40 p.m. as published in the Hutchinson Leade on Thursday,
January 4, 2001.
Ms. Wischnack explained the request and displayed maps showing the area proposed and talked about
the areas of concern. Originally they thought it was one parcel and later found out it was actually two.
There would also be two phases of development. Ms. Wischnack also stated there are concerns about
Minute.
Plar i Commission — January 16, 2001
Ne
the amount of traffic the funeral home would generate and congestion.
Mr. Arndt asked if they could move the access to the frontage road. Ms. Wischnack said yes they could
move the access and widen the interior driving area. Ms. Wischnack also stated the phase one, ne
addition, would provide 100 new seating areas. There are also concerns about the depression an
drainage issues that will be discussed during the second phase.
Mr. Arndt asked which way the storm water runs to. Ms. Wischnack replied that the storm water drains
toward the frontage road.
Ms. Wischnack recommended to table this topic until we receive the final survey information. She further
suggested that the commission hear the concerns from the public, if any and vote on the matter in
February.
Mr. Jones asked if Citizens Bank still owns the land. Ms. Wischnack explained that Citizens is still the
legal owner, with the applicants closing on the property in February.
Ms. Wischnack stated they have discussed landscaping elements. There are a lot of trees, and no
landscaping is required during the first phase of development.
Mr. Arndt asked if Mr. Hantge would like to speak.
Robert Hantge, Dobratz Hantge Funeral Chapel. stated that he wants to make sure that everyone is
educated about the proposal is a two -phase project. He also stated that within five years they would like
to have their total operation running out of the current bank building.
Mr. Jones moved to close the public hearing at 5:51 p.m. Mr. Westlund seconded the motion. The
motion to close the hearing carried unanimously.
Mr. Jones made the motion to table the consideration of a conditional use permit until the February 2AN
2001 meeting when all the information is gathered. Mr. Westlund seconded the motion. The motion w
carried Ayes 5, Nays 0, Abstain 1 ( Haugen).
b) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR PLACEMENT OF A GAS STATION ON
VIAL -MART STORE'S PROPERTY AT THE NORTHWEST INTERSECTION OF DENVER AVENUE
AND STATE HIGHWAY '15.
Chairman Arndt opened the hearing at 5:55 p.m. as published in the Hutchinson Leader on Thursday,
January 4, 2001.
Ms. Wischnack explained that any service station requires a conditional use permit. She stated the
eastern portion of the Wal -Mart lot (about a '/2 acre) would be leased to Murphy Oil.
Mr. Arndt asked if there would be access from Denver Avenue. Ms. Wischnack said no, that access to
the property would be from the Wal -Mart parking lot. Ms. Wischnack then stated the changes that would
have to be made; the curbing area needs to be moved over at least 15 ft., they need a controlled access
so it is easily accessible to go in and out, the color scheme needs to fit the new part of Wal -Mart, trash
enclosures need to be moved and the ATM machine needs to be moved.
Mr. Jones asked if the issue for the ATM is the same for the phone. Ms. Wischnack stated that yes the
phone also needs to be moved. Mr. Haugen asked it there are any setbacks for the ATM. Ms.
Wischnack stated there is nothing in the code which addresses this.
Dan Weise from Murphy Oil stated that he reviewed the comments and he agrees with what Ms.
Wischnack has stated.
Mr. Jones asked if there is going to be enough room for the tanker trucks. Mr. Weise stated that t
would be enough room and they were going to bring the moving of the curb to their designers. He a
stated they do not want congestion around the ATM machine and the phone, all they want to do is
provide a service.
Minutes
Planning Commission — January 16, 2001
Page 3
Mr. Westlund asked if you could put the ATM where the garbage dumpsters were going to be. Mr. Weise
said it would still be on the wrong side.
• Mr. Haugen asked how predictable the traffic is. Mr. Weise stated that the people heading back that far
in the parking lot are there to get gas. He also stated that no one parks in the back of Wal -Mart except
during the holidays so parking should not be a problem.
Ms. Wischnack asked how much traffic they were expecting at the gas station and if they were going to
have discounted gas. Glen Wright, representing Murphy Oil, stated that he did not think it would create
more traffic than any other gas station. Ms. Wischnack said she was referring to the Worthington
example. Mr. Wright replied that he hopes to have a lot of traffic.
Mr. Arndt asked the representatives from Murphy Oil what else they sell. Mr. Wright replied that they
have two restrooms, and will sell pop and snacks. They will have one person on duty at all times. Mr.
Jones asked if there were any safety concerns having only one person on duty at a time. Mr. Wright
stated that there have not been any problems thus far. The hours of operation are planned to be 5:00
a.m. to 11:00 p.m. Sunday through Thursday and open until midnight on Friday and Saturday nights.
Mr. Arndt asked if there has been any car troubles with people leaving. Mr. Wright replied that credit
cards will be accepted at the pump and that in order to pump gas the clerk has to push a button.
Mr. Haugen moved to close the hearing at 6:20 p.m. Mr. Jones seconded the motion. The motion
carried unanimously.
Mr. Westlund moved to approve the conditional use permit with the conditions recommended by staff.
Mr. Jones seconded the motion. The motion to approve, with the following conditions: 1. The color
scheme and design matches the new addition to Wal -Mart. 2. The ATM and the phone booth are in
easily accessible areas. 3. The garbage dumpster is not located right next to Highway 15. 4. The
curbing area and is to be moved at least 15 feet to the east. Motion was carried unanimously.
0 6. NEW BUSINESS con't.
b.) KEITH KAMRATH, ISSUE WITH DOWNTOWN USES AND PARKING PROBLEMS (2 AVENUE
AREA).
Ms. Wischnack explained the request and statec the Mr. Kamrath called her about parking issues in the
downtown area. Ms. Wischnack explained there are no parking provisions in the code for the downtown
area.
Mr. Kamrath stated that he has a chiropractic office downtown and that patients always complain about
the parking. He has looked into the parking within one block of mainstreet for the downtown businesses
and counted how many spaces they all had. Mr. Kamrath also stated that he was not sure if the two -
hour parking is enforced.
Mr. Jones stated that we could talk to business owners and ask them to have their employee's park
farther away and have the police enforce the two -hour parking. Ms. Wischnack asked Mr. Kamrath if
has called the police. Mr. Kamrath stated that he has not. He also stated the area he is in is unique
because of the high density of businesses around his area.
Ms. Wischnack stated that with parking requirements they did not want to discourage economic
development. She also said that they will put that aside for now and contact the police chief for the two -
hour parking.
Mr. Arndt stated that no action would be taken. Ms. Wischnack stated that she would provide information
to the downtown committee.
0 7. OLD BUSINESS
Ms. Wischnack stated she is waiting on the enforcement issue on the mobile home park case.
Minutes
Planning Commission — January 16, 2001
Page 4
8. COMMUNICATION FROM STAFF
Appointment to Main Street Organization.
Ms. Wischnack stated that Christie Rock was not able to attend the meeting.
There was general discussion regarding the fact if having a member represent the Planning Commission on
the Main Street Organization was a good idea or if it would create a conflict of interest. A decision was made
to have Ms. Rock come to the next meeting and discuss this issue further.
7. ADJOURNMENT
There being no further business, Mr. Jones moved to adjourn the meeting at 6:50 p.m. Mr. Olson seconded
the motion. Motion carried.
�J
Hutchinson Citv Center
C
111 Hwan Street SE
Hutchinson. MN 55350 -2522
320 - 581- 5151/Fas 320 -211 -1230
M E M O R A N D U M
•
•
TO: Mayor and City Council
Marc Sebora, City Attorney
Christie Rock, EDA Director
FROM: John P. Rodeberg, Director of Engineering /Public Works
RE: Consideration of Wetherell Lease of EDA Property
DATE: January 18, 3001
The Purchase Agreement with Gary and Mary Ann Wetherell for use of the propert purchased for
the EDA (dated July 30. 1998) runs out on April 1. 3001. They removed all property and equipment
from the north side of the road last April, but continue to maintain and use the property as part of
an earlier agreement. They have requested that we consider an agreement to let them rent the land
on the north and south side of 5' Avenue SE from us until we need it for other purposes. Since we
can not serve the parcel with municipal services at this time. and planning for the development will
take some time, we thought that it would make sense to pursue this option. We would like to discuss
the followine:
I . .-Allow use oCtlle nordl side of the road for uses drat do not effect the environmental quahty of
due parcel. I he AWetherell - s u ould lie rahlirc:, I -) %acme the property dt a t%ul -vv :Q!l I' ouicc..AII
maintenance of the site %vould be the responsioilit% of the leasee.
�. allow- rental of the south propem (including the barn and the house) for a rental charge of S500
per month. We have discussed both a 60 and 90 day notice requirement. They would prefer 90
days so thev would have time to locate other suitable properties. We considered 60 days and the
minimum time required to process development on the site.
3. Wetherell's have asked if they can have the $500 /month deducted from the $6,000 retained by
the City of Hutchinson. This may or may not be an issue if we want to have some assurances of
the condition of the parcel after they vacate the site. They have indicated that they would agree
to pay cash if this were not approved, but would prefer to use up the retainage first.
The Wetherell's have worked extensively with Quentin Larson of the Engineering Department to
make sure that they are following all requirements of the Agreement. We would like the Council and
EDA consideration in approving this matter and preparing the appropriate lease document. We are
very satisfied with their efforts to date, and would recommend approval of a lease.
Pnm� on r vded papa -
0 PURCHASEA GRB
TEIS PURCHASE AGREEMENT is made and entered into t!LL's � 3o 'av ehe i 998,
by and between the City of Hutchinson, ?'Minnesota municipal cor?eration (Buyer), and Mary Ann
Wethere.l and Gary Wetherell,' -- and wife (Seller).
RECITALS:
1. Sellers, residing at 1'145 Arch Street, Hutchinson, >tinresota 55350 desire to sell the
foitolcing described real estate:
That pan of the West Haif of the Northeast Quarter of Section 5, Township l 14, Fange 29
>4cLeod County, M:nnesoia, and that part of Lot 7 of the :�_di or'_ Plat of ilte 1 e t Half
said S�Kian 5 de cr ed a; c •s�rinnin3 at :lx the5stA•41ner o f Lc*. 3 <<sa i ? L:ii1 =:' ; 'la';
thence on an assumed bearng of South aloe¢ the Easi like of said Lot 8 a distance of 719.75
feet to the centeo5ne of a to-; road; thence Soiah` 64 degrees, 04 ,, t.utes, Eas. along
:
:d •�: .i. O 1 q *r0• di.r_. *.C• ni' 111? - Sn £ ►rr rn a point
.,.. __........._ _ ._.�.__ ., 21 feet;. thence
bearing East from the point of beginning; thence West b distance of S49.13- to the point
of beginning.
AND
• That part ofthe West Half of the Northeast Quarter of Section 5, Township 116, Range 29,
Mcleod County, Minnesota described as commencing at the Northeast comer of Lot 6 of iha
A.s:diter's Plat ofthee West Half of S coon 5, Towrshin 11-5. R 1Q; thence on an assumed
bearing of South along the East line of said Lot 8 to the centerline of a township road; thence
South 64 degrees, 04 mirut::: Easf alc ;z said centerGt,a a disranc•t of 944. 1 11 feet to the point
of'LtSinrSrg of the na:_el her :d; J.0 —tce cor'::r1e Scj.l: e,4 decrees, C4 minutes
East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet
to a point b=.ng E", fmm comer c . , -.;Lid Lc; t`e- rc t " -st i';iance of
73.00 feet to a point bearing North from the point of beginning; thence South a distance of
1142.40 to the point of beginning.
2. Buyer desires to purchase said prnn.erty;
3. The parties hereto have reduced their agreement to writing.
NOW THEREFORE, `o: gocd and vah:able con<_ideraricn, the recei;t and :ul lciency of
which are hereby acknowledged, the parties do hereby agree and contract as follows:
1. OFFER AND ACCEpTANCL Buyer offers to purchase and Seller agrees to sell the
above described real estate.
2. PRICE AND TERMS: the price for the real property included in tins We s u=
Hundred Fifty five rhousand and no/100 Dollars (3355,000.00) with %ha sum of Trree _ ?%j.idre:
0
1
:
Forty -five Thousand and no /100 Dollars (345,000.00) to be paid in cash at the time of c!osing and .
the balance to be paid pursuant to 'e terms of paragraph 15 as set fcrh below. One Hundred
Thousand and ror I00 Dollars (1CO of the purchase price paid 'herein shall be attributed to
relocation expenses but no additional payments shall %e made by Buyer to Seiler for relocation
benefits.
3. DAD AND MARKETABL TITLE• Upon performance by Buyer, Seller shail execute
and deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject
to the following (collectively "Permitted Encumbrances'):
c „s ”
(a) building and zoning l4tvs, grdiraT.ir,5,,state -and federal regulations"` _
(b) restrictions resting to use or impr,w4ment of the property without "e6diive forfeiture provisions; - -
(c) reservation of any mineral rights t ;e State of 1%nnesota;
(d) utility and drainage easements viJikh do not interfere with existiryg =
(e) e,;�ceptions to title which constitute encumbrances, restrictions, or easements of record or which
have;been disclosed to Buyer and accepted by Buyer in this purchase agreement; (must be specified,
in.wri:ing) b — -- - F
!.°j arry other encumbrance rot-timely xbjected to pursuant to Section.$ cf thiiAlgreem"ert.
4. REAL ESTATE T A7CES ;:� _.,; ..:��'s T L Ee:!3 shall continue to pay rea! estat:
taxes as the same fall due and shall not permit saia real estate taxes to become delinquent until Seiler
vacates the premises. Taxes due and pavable in the veer Seller vacate thn premises shall bs bra rated
to the last day of occupancy of the premises by the Seiler. ilzcupancy is defi,ted as any period of time
in which Seller's personal property, goods, belongings, inventory or equipment (not including
buildings or fixtures) remain on the premises. Taxes for the property north of Fitth Avenue as
cor.:;� , ctz4 st ::,.: to prt::a:ed fc: caiehdar year 2000 with sciler paying une•ibu.th of said taxes and
buys payit:g t:¢er•faw - -? o sa:d to c =: u ue_u Se::a: z=es said premises rariier to wiiic!i ,:asp taxes
due and payable in the year said premises are vacated shall be prorated between Seller and Buyer
based on the date of vacation by Seller. In no event shall Seller pay taxes in ar, t.atount grater than
the '79? tax 'l'rel assigned t: 'rite ; :: :pc :.y .nd i::: }'er :haj pay all azv.;ssin:rts 1 v', - , nc Ic JIG:,
pending or deferred.
5. 13AMAGES TO REAL PROPERTY- Ifthe real property is damaged prior to closing, this
agreement shall remain in full force and effect, with no obligation of Seiler to repair or restore any
damage.
6. BO -. ACCESS. RES O iy� , Ap4u LfjEii wARRAN=: Seder
warrants that to the best of Seal's' t.•nnml,-Aae building if any, are entirely within the boundary lines
ofthe property. to the
real property from a public right of way. Seller warrants that to the best of Seller's knowledge, there
has been nolabxc:T. , at.trih:+i or.te,,,o��it+ c, vhi:h h.it:,ct atn made, Seller
warrants that to the lest ogSellers' knowledge there are no present violations of any restrictions
relating to the use or impro - ,e-.,t :: a , r„ pei. ; _ . +!ed in :L;! A,.I% tent, "to the best of
3
1
. Sellers ;oaiedge" and any similar statements regarding Sellers' knowledge shall be deemed :o mean
he ac Uzi knowledge of Sellers, without : nvesti¢aticn or inquiry.
?. DISCLOSURE OF N' TICS • Seller has not received any notice from any governmental
author.:y as to violation of any law, ordinance cr regulation affecting the property. If the property
is subject to restrictive covenants, Seiler has not received any notice from any person as to a breach
of the covenants.
3. 1 F� For good and valuable consideration ac cPr fnrrh
y wu above eescrbed premises, subject to the terms and cot'l�ditioit.;
i of this Agreement, for a period of three years said lease terming: rg 3t the•ci;ac of bu3taess or,
�, d M March 31, 2001. Seller agrees to pay all taxes (in an amount not to exceed 1998 levels and as set'
Ynh ;,a Paragraph four above) and to pay all expenses of occupancy including but noti*. ted to
insurance and utility charges during Seller's occupancy of the premises. Seller agrees that,nq. waste
3 of the premises will be permitted and the weeds Bill be controlled as required bylaw. Seliciagrees
o maim.ain the premises in a condii:on that complies with the usual custom and practice of {Me area
and that is not unsightly provided, however, :`at Seller shall not be required to repaint reside or
:erform any other significant or r..ateriai repair er replacement in or to any buildings be4mr. all
panirq ackro : :eagc that ;t is the intention of the Buyer to remove said buildings following
termination of Seller'e occupar,:y as sct w-ralt i:crein. Seiler agrees that no action or inaction taken
I y the Seller's during the period of occupancyy „fin inc,•easc the level of ea;vhunmentai risk retauve
t i the above descrbed property. On or before April 1, 2001. or April 1, 2(k)n as to the p:.^.el =rth
: f a proposed Fiiih Avenue, Seller will remove all personal property, equipment. inventory, goods
tad be!onojngs !� := ; or -y the s.cwzures that are presently located on the premises and anyJixtures
associated with said structures. Seller agrees to pw — „it aw licns of any sort to be established against
the property including but not limited to monaage lime, t TrC hens or rtechW^.ic's sic :,'a.
9. C00°EILA Buyer agrees to give Seller 30 days notice of intent to begin the
Physical construction I f r roadway puapuses. Buyer agrees to use best efforts to confine
actual construction work within the dewribed rnh ^°`aa• asset ID Ga p:uject maps but both
I t
pttttes acknowledge the constructiun process will require work in and arounti the right. of :may n.
Br a ogees to ai;ow Seller to have access across the construction ar^_a io said from the parcels on
th r nnnn :.d NY. -. side of he roadway n jrt of way ,o the extent su.h access does not impair or
irtpede the construction process. Su; c: agrees to give Sewer reasonable. notic5 ct "'e.gthy periods
Where a.=st across the right of way consuucri area •'.d11 not be ro:.-iblc :ie. to oorjokku&::lun
etrorts. sct r understands and acknowledges that roadway materials, heavy equipment and mhrr
uatstra;c��a: p:.Fery will be stored on the subject property and Buyer agrees to use best efforu to
either :.ithin tulic a;ght of way area or at least :away from. the present improvements
lo:ated on the premises.
:iaoh of the parties agrees 'W cooperate with the other in effecting the purposes of this
agree.—,cnt. 'w t tlaout limiting the generality of the foregoing, Seder agrees to keep Buyer fully
inflamed of it• uses for the prcpc..y and its ;utcnt;ons regarding iermma :ion of o=paticy of the
• prooeny, upon Buyer's request.
l
-! 11"
0, c 3T Seller sha;i be entitled to salvage material, wood, windows, metal or any
other goods or materials from and around the improvements'.ocated on the above described real
estate, provided, however, that the structural integrity of ail buildings must be maintained at all times
and that ail windows and doors are secured to prevent the entry of vermin and to prevent
unauthorized access by individuals to the premises and appropriate safety standards must be complied
.with at all t: -es. Buyer and Selee, specifically agree that Seller may salvage from the premises
i= vtures including but not limited to heating, plumbing and cabinetry improvements. .411 salvage work
:rust be cornple:ed no later than Aprii 1, 2000, with respect to the property north of proposed Fifth
.avenue or Apr1 1, 2001 with respect to all other property covered by this purchase agreement. All
salvage efforts must comply with applicable local, state or `ederai rules, regulations or statutes.- :Se11er.
adEnowiedges that Buyer will not provide utility services to the structures followingxhe date of:
closrttg and ti-at Seiler exercises ail salvage rights granted herein at Seller's own risk. Salvage rights
dU not extend to removal of any top soil or other material unless otherwise agreed by the parties in
w7iting. _ -
11, tLc . 61� ' Seiler 4SI - ees to insure the property forji6ility purposes and agrees to add
the &y of Hut& nson as an a &tiouta! name insured to an colicy granted herein. Seller
shad not be obiigated to carry Fire Loss or Windstorm, Coverage on said property as the parties
I that Buyer intends to demolish and remove structures and improvements upon
occupancy of the property by Buyer.
12. RELOCATION BENEFIT- Buyer and Seller acknowledge that the purchase price
contemplated herein includes any and all relocation benefits payable to Seller and Seller agrees to
enter into a waiver of relocation benefits as set forth on attached Exhibit "A."
13. RETENTION- Buyer shall retain the sum of Ten Thousand and no/100 Dollars
(510,000.00) (the "Retained Amount ") which shall bear interest at the rate of 7.5% per annum from
and after the date of closing herein. Pte Retained Amount, along with accrued interest, shall be
released to Seller at the earlier of the termination of the occupancy of any portion of the premises by
Seller or April 1, 2001 and a determination by the Buyer that the material terms and conditions of this
agreement have been substantially complied with by the Seller. Seller shall give at least thirty days
written notice to Buyer of a request for payment earlier than April 1, 2001 and if no notice is given,
payment of amounts due under this paragraph shall occur on or before May 1, 2001. Nothing in this
Section 16 shall be interpreted to L•a a limitation on the rights of the Buyer in the event of a default
by the Seller and any rights granted under this paragraph are in addition to any other rights granted
or held by Buyer. Sella and Buyer agree that the retention contemplated by this paragraph is
intended to be a potential remedy for the City for a substantial or significant breach of the agreement
by Buyer.
14. WELL DISCLOSURE AND IMIVMUA SEWAGE TREATMENT SYSTEM
DISCLOSURE- A Well Disclosure Statement and Disclosure of Sewage Treatment System are
attached hereto. Seller agrees not to drill any additional wells or install or improve any individual
w,er wel ...t. w.`hzut th..
15. SUB *_LSSE OR ASSIGNMENT- SeLcr may riot risign, sublease, transfer or convey in
any way the ' easeback = ,ts zanted ::y buyer to Seller pursuant to Section 11 of the Agreement to
any other party, indiriduai er entity w tthout obtaining the prior written consent of the Buyer, which
consent Buyer shail not unreasonably v- tithhold.
6. SLC ¢aoRc \M e cern.�- c Thfs agreement shall apply to, inure to the t:enefit of,
and be binding upon and enforce able against the parties hereto and their respective successors and
assigns.
17. FA , T• if either party defaults under this agreement, the other.party shall, within
thirty days thereafter, b� written notice to the defaulting party, give �o:ice of the default and if the
defilulting party fails to' Aire non - performance, th_- non- defaulting party shuk be entitled to all rights
under the laws of the State Of Minnesota inw,iding but not limited to, and not to the exclusion of
other remedies,. the right on the part of Buyer to retain the Retained Amount. - In the event of a
default, the prevailinw;, rty shall be entitled to reimbursement of the prevailing party's reasonable
artorneys fees. The 3&14Y notice referred to above in this Section 20 shall run concurrently with (and
shalf not be in addition to) any notice required under Minn. Stat. Sec. 559.21.
$• IS.E I c .ce , :r an, , .,r consen :
1 rvi et fc,- i , ,ti : ;nee -ent shall be in
writing and shall a do 'med ;i -en - when deli ered to the parties hereto by hand o: ; ; United States
Registered or Certified Mail, return receipt requested, with postage prepaid. All wch notices and
communications shall be deemed to have been served on the date when mailed. All notices and
communications shall be addressed to the parties hereto at the respective addresses set forth below:
1 0 1. If to Seller: C nary Wetherell and Mary Ann Wetherell
1145 Arch Street
Hutchinson, MN 55350
With a copy to: Gary Renneke
Larkin, Hoffman, Daiy & Lindgren, Ltd.
I500 Notw%tst Financial Center
70M Yo re e..e. ^ue Sot:t.4
Bloomington, MN 55431 -1194
If to Buyer: City of Hutchinson
I I1 Hassan Sf
Hutchinsor.
Attn:City, d tiv,u - u
With a copy to: G. Barry A
Arnold, Anderson & Dove, : L.L 'I
101 Park Place
Hutchinson, IMN 55350
19. GONMRNN . LAW: ?his agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
G
20. SURVN� =. T ?,;s Agreement shall survive the c;osing contemplated herein.
21. ENT A * FFYE This Agreement forms the entire agreement by and between
parties and there are no cther nderstandings, agreements or comrtitments outside of this
Aggeement.
22. ATTO \ Y Both,)anies have retWa : c"iibc; of their own cioosirg and have been
vl` ad' i by counsel about the terms, conditions and ra^ ire ;iun; of :',;s agreement.
- _
paY : -�S l�eteta :,art ;:a�:sed this agreement to bs. x -
ecuteri,p.
of rf e - ay and year first aboy �: i• ea
i
Gary eti:e: -A
>iary 7��.r�I:Yet�,trtll
(;1TF OP .�1JTCHI:a'$QN s is
/l
v vie
Gary D. Plot, City A'ddtinistrator
0 EXHIBIT "A"
ACQUISITION AND RELOCATION RIGHTS
Seller acknowledges nights granted pursuant to Minn. Stat. Chapter 117 and speci,5cally to
Minn. Stat. 117.52 and the Uniform Relocation assistance and Real Property Acquisition Policies
Act, t_s amended, 49 CFR Pan 24 (hereinafter referred to as "URA"). Seller acknowledges that the
subject URA rights establish both real property acquisition procedures and relocation benefits that
the seller is entitled to receive.
Seiler eiects to waive certain L'RA rights including those relating to relocation assistance,
se ^. ;c:s, payments and benefits for which he is eligible to receive. The following is a summary of
those :. rights being waived:
Acquisition Rights - written offer of just compensation right to acconir�any the City's
appraiser on an insp-:ction, right to a summ=y statement ofjubt comr,ens <tion, right
to receive up to 5500.00 for the sellers costs for its owr. appraisal.
2) Business Relocation - moving costs for self move or professional mover,
• reestablishment costs up to 510,000.00, searc% .psis up to S1,000.U0, a ria)ment in
lieu of actual moving costs not to exceed 520,000.00, advisory li.nd claitr. prepn.ration
services, comparable property referral services, rnisceilaneous mcving and related
costs u.Cl'Jding but not iint:ted to printing ,=Fts, p:_mmnr. costs ailQ oth<.r professional
service costs and actual direct loss of tangible perscaa ; roparty;
3) Homeowner Relocation - actual moving costs or fi m-d move costs btsed on the
number of rooms of personal property, mortgage interest differential ; ayment if the
new mortgage has a higher interest rate than the existing rate, housing replaccrnent
payment that compensates for replacement property increased costs for purchase or
rent if a move to rental property is elected and payment of rusceliareous closirq costs
for the existing and replacement property. The seiier furthct acictowiedges the URA
provides for various notices including a general information notice, a notice of
relocation eligibility and a 90 day notice.
The Seller acknowledges that in addition to those monetary benefits mentioned above that
total relocation payments could include up to 5175,000.00 or more for this specific move for business
and homeowner relocation benefits. This amount is arrived at as follows:
1) Business re=.tion claim - $1,000.00 search cost, SI0,000.00 reestablishment costs,
$100,000.00 moving costs and $20 niscellareous actual moving costs for
phone reconnection, printing, planting, professional services, etc.
2) Homeowner relocation claims - actual m ovi - ; cf CC,M�.nA,
6
differential payment of :35,000.00, housing replacement payment of 520,000.00 and
vsceilanecus moving find relocation costs 01 $10,000.0 The total of all business
and homeowner relocation costs have been rounded to 5175,000.00. This amount is
an estimate of what these benefits could be under certain circumstances. The seller
acknowledges that they are aware of their rights as stated above, and has consulted
with and has been advised by Larry Martin, an anomey acti1-13 as his ^un independent
..ti. City has retained a property
counsel. The seller hereby acknuw _
cU'c3 -
aequisition d d ru0catica cony ^.r. xirk A. Schnitker, who is available to the seller
...... ! ses of discussing relocation issues including URA relocation assistance
r _. r ____ . .
services, payments Paid cenefts. The seller acknowledges that he may call and cons'
with Professional R Resources, !no. di 1- X00 -`- ? 'QO7 f ^r purposes of
diseusslrg aii IRA issues.
n, e.n hereby elects to waive certain URA relocation assistance, services, pay,nccus aad
benefits and does so tinder no duress or threat. The Seller acitnowicdges that :! is giver of
relocation rights is not made under any threat of cuudc, 0: , _^' "°ition by eminent domain,
i.oai ohts granted under the URA or Minnesota
that tFls waiver is made �iiil ,"c �.c 5 _., _
statute:;. ' ;.t SePer agees to cell the !.ubiect nrovertv to the City on a voluntary basis and the seiier
initial. -I acn is4ion discussions invclving the subject property. I ce se "::
purchzse pnca : nd related property itar.1s sia'1 to a' ce ?i?o;: Cous.uo: .::e waiver contained
herein
Gary L
Mar; e n WoOrreil
E
ADDENDUM NO. ONE
TO PURCHASE AGREEMENT
BY AND BETWEEN
CITY OF HUTCHINSON, BUYER
AND
MARY ANN WETHERELL AND GARY WETHERELL, SELLER
The following terms and provisions are hereby incorporated in the Purchase Agreement dated
the day of May, 1998, by and between CITY OF HUTCHINSON, as Buyer, and MARY
ANN WE THFRE T. and GARY WETHERELL, as Seller (the "Purchase Agreement"). Wherever
there is a conflict between the Purchase Agreement and this Addendum, the provisions of this
Addendum shall govern. This Addendum and the Purchase Agreement are sometimes collectively
referred to herein as this "Agreement."
1.) As -Is Sale and Purchase and Release of Liability - Buyer shall obtain and/or perform
prior to the date of closing, at Buyer's sole cost and expense, all such inspections, assessments,
inquiries, investigations, examinations, studies, tests and reports that Buyer deems appropriate or
otherwise desires regarding the Property ( collectively referred to herein as "Due Diligence "). Seller
and Buyer agree that Buyer will accept the Property on the closing date in its "as is, where is, with
all faults" condition. Except as explicitly set forth in this Agreement such sale shall be without
representation or warranty of any kind, express or implied, and Seller, for Seller, Seller's agents,
• attomeys, representatives, heirs and assigns (hereinafter collectively referred to as "Seller and Seller's
Agents "), does hereby disclaim and renounce any such representation or warranty. Except as
explicitly set forth in this Agreement, Buyer is relying entirely on Buyer's own Due Diligence, without
any representations or warranties of any kind by Seller of Seller's Agents.
2.) Iadentalasatio - Buyer shall pay all costs and mpt- ees of its Du
sh li furhu fully repair and restore any damage tc ::.e : roperty caused nt Cr
oca rung ourutg or to connection with its Due Diligence, and Buyer shall reri "'•
wne con,"'o_r as existed prior to the same and/or arr; other entry onto the P:
in the reasonable judgment of Seller. Buyer hereby iodene:i5:s and agree.., L -- =':u wt :+v,u
har; l :ss Seller aom and against any and ail debts, liens, :faints, causes of action, administrative
orders and notices, costs (including, without limitation, respons:: srici/or remed:ai costs), personal
injuries, losses, damages, liabilities, demands, interest, fines, penalties and expenses , including
reasonable vonMs' fees and expenses, µ�:}taau' fees and expanses court costs and all other out -
of-nocket s:prr. rr suffered or incurred by Seller that are caused by or arise out of the breach of
P.,nhcr's coviran.n, :::prttserttations and/or warranties contained in the Agreement. The obligations
id rhu:! of Buyer under this Section 2 shall survive the termination of ttas Agreement. Seller
agree:; to iake or know:ngiy pernn t no action by Seller, its agents, contractors or employees that in
any way increases the ertvironmemsl rick to Buyer during the tirde, of this Agreement ut the lease
back period contemplated herein. In no event shall Sell& be liable ; mV acts cr cmissiens of °uy-r
or Buyer's agents, contractors, employees, successors cr asai¢as.
• 3.) Consideration - The releases, waivers, indemnifications, covenants, agreements and
other terms of this Addendum are a material part of the consideration to Seller for the sale of the
Y —.•
Property to Buyer. Seller accepts, and is relying on, the same as a materiai inducement to enter into .
this Agreement.
41 Alignment - Neither Buyer nor Seller may assign this Agreement without the prior
written coc_.zt of the other party. Arty attempted assignment without prior written consent shall be
void at the - ::tion of the non - consenting party. No assigrunent shall release or relieve the assigning
party from arty obligations or liabilities under this Agreement. The assigning party shall immediately
notify the other party of any assignment or proported
assignment en consent t contemplated under this
a true and complete copy of the assignment document. Any
Agreement shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. Ono as of
the day and year first above written.
BUYER:
CITY OF t
By:
AaOn�
' To rger on ayor
Attest:
wig �
Gary D. Plot�� ity Ad tu� trator
SELLER:
i �e
.i7
CITY OF HUTCHINSON
• RESOLUTION NO. 11646
ADOPTING 2001 LIQUOR FUND. WATER WASTEWATER REFUSE FUND
AND CENTRAL GARAGE FUND BUDGETS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA
THAT the annual Liquor Fund. Water Wastewater Refuse and Central Garage
Budget for the City of Hutchinson for the fiscal year 2001, which has been submitted by
the City Administrator and approved by the City Council is hereby adopted. The total of
said budgets and major division thereof being as follows:
—E'
LIQUOR FUND
REVENUES AVAILABLE
CURRENT REVENUE
Liquor
995,000
•
Wine
Beer
420,000
1,805,000
Miscellaneous
115,000
Lottery Sales
2,300
Discounts
(31,200)
Interest
9,000
Refunds & Reimbursements
0
TOTAL AVAILABLE
$3,315.100
REQUIREMENT
EXPENDITURES
Personal Services
285,197
Supplies
16,300
Consulting
4,000
Other Services & charges
79,650
Depreciation
27,000
Debt Service
35,800
Transfers
264,000
Cost of Sales
2,542,634
Miscellaneous
7,850
•
Capital Outlay
20,000
LIQUOR FUND TOTAL
$3,282,431
—E'
Resolution number 11646
Page 2 .
WATER/WASTEWATER/REFUSE FUND
REVENUES AVAILABLE
CURRENT REVENUE
Water Sales
1,153,000
Water Meter Sales
12,000
Wastewater Sales
2,447,200
Compose & Recycling Sales
7,000
Refuse Sales
890,800
Recycling & compost credits
(69,000)
-'- Commercial dumping
20,000
=' Interest Earnings
350,000
Penalties
16,000
- SCORE
125,000
- Connection Charges
100,000
_ Miscellaneous
57,800
TOTAL AVAILABLE
$5,109,800
REQUIREMENT
WATER
Personal Services
288,587 .
Supplies
96,000
Consulting
175,500
Other Services & charges
180,430
Depreciation
220,000
Debt Service
53,868
Transfers
100,000
Miscellaneous
12,250
Capital Outlay
242,200
DEPARTMENT TOTAL
$1,368,835
WASTEWATER
Personal Services
468,079
Supplies
159,100
Consulting
157,000
Other Services & charges
450,230
Depreciation
700,000
Debt Service
627,125
Transfers
100,000
Miscellaneous
46,600
Capital Outlay
708,642
DEPARTMENT TOTAL
$3,416,776 .
Resolution number 11646
Page 3
• REFUSE
Personal Services 162,463
Supplies 362,100
Consulting 80,000
Other Services & charges 682,271
Depreciation 155,000
Miscellaneous 2,500
Capital Outlay 270,100
DEPARTMENT TOTAL $1,714,434
CENTRAL GARAGE FUND
REVENUES AVAILABLE
CURRENT REVENUE
Labor 93,100
Parts 182,700
Vehicle Rent 283,885
Interest 1,400
Miscellaneous 0
Transfers 155,000
• Gain on Sale of Equip. 11,500
TOTAL AVAILABLE $727,585
REQUIREMENT
EXPENDITURES
Personal Services
92,971
Supplies
115,575
Consulting
300
Other Services & charges
70,400
Depreciation
161,000
Miscellaneous
2,400
Capital Outlay
430,000
CENTRAL GARAGE FUND TOTAL
$872,646
Adopted by the City Council this 23rd day of January 2001
Marlin Torgerson
Mayor
ATTESTED:
Gary D. Plotz
City Administrator
CITY OF HUTCHINSON
RESOLUTION NO. 11647
RESOLUTION ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR 2001
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT the annual Capital Projects fund budget of the City of Hutchinson for the fiscal year 2001
which has been submitted by the City Administrator and approved by the City Council is hereby Adopted:
the total of said budgets and major division thereof being as follows:
REVENUES AVAILABLE
CURRENT REVENUE
Transfers In $308,500
Interest 5_,000
TOTAL AVAILABLE $313,500
REQUIREMENTS
APPROPRIATIONS
Capital Outlays
Building $95,768
Improvement Other than Bldg. $17,600
Machinery & Equipment $217,500
Total Appropriations $330,868
* Adopted by the City Council this 23rd day of January 2001
Marlin Torgerson
Mayor
ATTESTED:
Gary D. Plotz
City Administrator
•
t
MEMORANDUM
TO: Mayor and Council
FROM: Brenda Ewing, man Resources Coordinator
RE: Position Descriptions
DATE: January 18, 2001
With the adoption of the general fund budget for 2001, the full time position of Motor Vehicle
Technician was approved. In addition. funding for the full time position of Computer Network
Technician has recently been secured (reference Ken Merrill's attached memo). The position
description for each is herein attached for your review and consideration.
When evaluated with the City's new job evaluation and compensation plan, it is proposed that
• both positions be established as Grade 3 positions. The starting pay step for both positions is
equal to $13.65 per hour, and the job rate, or step 6, is currently $17.07 per hour.
These positions are proposed to be filled wiith)n the next month. It is requested that you approve
these positions at your meeting of January 20, 2001.
b
If you have any questions regarding these positions, please contact me at City Center.
Enc.
•
TITLE MOTOR VEHICLE TECHNICIAN jobdes110
1 -2001
DEPARTMENT MOTOR VEHICLE
ACCOUNTABLE TO MOTOR VEHICLE DEPUTY REGISTRAR
SUMMARY THIS IS RESPONSIBLE WORK RECORDING OWNERSHIP
AND LICENSES FOR MOTOR VEHICLES WITH THE STATE
OF MINNESOTA
DUTIES AND RESPONSIBILITIES
1 Assists the state in transferring and recording motor vehicle records.
a Issues motor vehicle licenses and collects tax payable. a
b Processes driver license renewals.
c Registers new vehicles. Transfers used vehicles.
d Processes boat, ATV, and snowmobile registrations.
_.. 1
2 Assists in the inventory of all plates, stickers, transfer stamps, and shipments received from
the State. Maintains necessary files and records for the reconciliation and maintenance of
inventories.
3 Processes correspondence concerning motor vehicle registration, titles, and related matters.
Assists the public with problems related to registrations.
4 May prepare daily bank deposits.
5 Assists the deputy registrar, as directed, with:
a Preparation of daily and weekly financial reports for the state.
b Transfer of funds to state offices daily for motor vehicle transactions and weekly for
drivers licenses, snowmobile and boat registrations.
6 Assists the deputy registrar with the preparation of daily, monthly and yearly tabulations of
transactions.
7 Processes driver's license renewals. Operates camera and related equipment for drivers
license pictures. Performs vision test for drivers license applicants.
8 Trains and checks the work of part time staff. Informs part time staff of law and procedure
changes and office directives. Supervises staff in the absence of the deputy registrar.
9 May assist the deputy registrar with dete employee work schedules.
10 Orders office supplies as needed.
11 Performs related duties as required.
Page c110
2
Page 2
EQUIPMENT Personal computer. telephone, copier, fax machine, motor vehicle cameral
equipment.
REQUIRED QUALIFICATIONS High school diploma or GED. Previous work experience in a
motor vehicle office. Computer skills and experience.
DESIRABLE QUALIFICATIONS Post - secondary training in office operations and computer
skills with related work experience. Ability to communicate effectively with the public and city
staff. Friendly and courteous manner. Supervisory ability.
WORKING CONDITIONS Office conditions. Considerable customer contact. Office open
until 6 p.m. on Mondays.
Grade 3 position
Starting Rate: $13.65/hour
0
•
TITLE COMPUTERTIETWORKTECHNICIAN jobdesc106
2000
DEPARTMENT INFORMATION TECHNOLOGY - 79 -
SUPERVISED BY INFORMATION TECHNOLOGY COORDINATOR
SUMMARY THIS IS TECHNICAL WORK WITH THE CITY AND HUTCHINSON
UTILITIES INSTALLING AND MAINTAINING CITY SOFTWARE
AND HARDWARE AND SUPPORTING END USERS
DUTIES AND RESPONSIBILITIES
1. Provide desktop and printer support for hardware and software.'
2. Install and set up hardware including workstations and printers.
3. Install software including upgrades.
4. Assist departments and the IT Coordinator with research, planning, implementation, and
integration of new information technologies.
Provide basic end user training for City and Utilities software applications including but not
limited to word processing, spreadsheets, data bases, and desktop publishing.
6. Setup database projects for departments using Access.
7. Assist the IT Coordinator with the maintenance of the hardware and software inventories.
8. Perform other duties that are consistent with the tasks of the position and as may be assigned
by the City.
EQUIPMENT
All City and Utilities computer hardware, software, and printers. Telephone, copier, and fax
machine. City vehicles as needed.
REQUIRED QUALIFICATIONS
Ability to troubleshoot computer hardware, software and printer problems. Working knowledge
of Microsoft Office applications, Windows NT Workstation, Windows 95 and Windows 98.
Understanding of HP printers and network printing. Ability to multi task and prioritize projects,
to communicate effectively and clearly with persons with limited computer knowledge, and to
maintain effective working relationships with City and Utilities staff and vendors. Ability to lift
and move equipment up to 50 pounds, to sit for extended periods of time, and to use a keyboard
for a high percentage of the work day. Possession of a valid Minnesota drivers license.
r- G
Jobdesc106
Page 2
DESIRABLE QUALIFICATIONS
Associates degree or diploma in a computer related field. Familiarity with Novell Netware 5.x
and network architecture. HTML /Cold Fusion or web site development experience.
WORKING CONDITIONS
Inside work. Some variation in hours for evening and weekend work or call -ins.
Grade 3 Position
STARTING RATE: $13.65/hour
•
•
CITY OF HUTCHINSON
MEMO
Finance Department
January 19, 2001
TO: MAYOR & CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: GENERAL FUND AMENDMENT
The City of Hutchinson has received funding this year for a
computer network technician from the Hutchinson Utilities. We would
be sharing computer services with the Utilities (both the new hire
and Tom Kloss, head of the department).
We would ask authorization to amend the 2001 budget showing a fund
increase of $40,000 and adding the expense of the position as
outlined in Brenda's memo in the Information Services Department.
The $40,000 would fully cover wages and benefits for the position.
H. %W \RW 11.N ➢D
G,
Memo
Ta Mayor and City Council
From: Brad Emans, Fire Chief
cc: Gary Plotz and Ken Merrill
Date 01/17/01
Re: Impending sale of the 1975 Aerial Ladder and the 1985 Heavy Rescue
The Fire Department has initiated the process for selling the 1975 Seagrave ladder truck and the 1985
Ford heavy rescue truck. The Fire department would like to accept bids for the trucks until 6:30 p.m.,
Monday, May 14, 2001. The bid opening will take place on this same date at 7:00 p.m. in the fire station
meeting room.
• The Fire Department plans to use the revenue from the sale of these two vehicles to offset the cost of
the new platform truck and the new rescue truck.
If you have ant questions regarding the bidding process, please contact me directly at 234-4211.
•
0 Page 1 �— /1
•
Memo
To: Mayor and City Council
Frorre Brad Emans, Fire Chief- -
CC: Gary Plotz, City Administrator and Ken Merrill, Finance Director
Datim 01109/01 --
R« Sale of City Fire Truck #2337 (197111988 Pierce Arrow)
The fire department advertised and took bids for the extra city fire engine #2337, the 1971/1988 Pierce
Arrow on January 8, 2001.
The first time we had bid opening for this truck it resulted in no bids received. We advertised again and I
am happy to say we did receive one bid this time.
The Great Falls Fire Services Training School, which is the state fire center for the State of Montana bid
$25,000.
Although we were hoping for $30,000, it is our recommendation that we accept the bid of $25,000 and
award the bid to Great Falls Fire Services Training School.
If you have any questions, feel free to contact me.
0
• Page 1
Hutchinson Fire Department
205 3` Ave SE
Hutchinson MN 55350
320 - 234 -4211
January 8, 2001
Minutes of the bid opening for fire truck #2337
Chief Brad Emans called the meeting to order at 1900 hours. One bid was
received.
MSC Fire Services Training School
PO Box 6010
Great Falls Montana 59406 -6010
(406) 994 -3211
The bid was for $25,000.00.
The bid will be reviewed and a recommendation will be made to the city
council.
Meeting adjured at 1910 hours.
Randy Redman, Secretary
r— —.
•
�l
MONTANA
Sim l.Nm R1111
Purchasing Department
Room 14 Montana Hail
P.O. Box 172600
Montana State Universitv- Bozeman
Bozeman, MT 59717 -2600
Telephone 406 -994 -3211 FAX 406 - 994 -3000
Federal ID: 53-0183246
Vendor # HUTFIR _
Hutchinson ?ire Department
205 - 3rd Ave SE
Hutchinson MN 55350
R3
Vendor Telephone:
Purchase Order
P0000294
This Purchase Order number must appear on your invoice and all
related corresponden(e.
01/03/01 P.O. Date
Date Required
Blanket #
Ship To
Net 30 Days Payment Terms 1 Index No. iFor internal use only) 1
Enclose packing slip w /PO number with shipment.
FOB Point I Regn. No.
Bid or Quotation No.
Bid Date
Bill To: MSU Fire Services Training
Th Box 6010
at Falls MT 59406 -6010
Ship To: Department will pick up
MSU Fire Service Training School
contact person: Sheldon Weedon
Phone: 406 771 -4335
Please acknowledge this order with
MSU- Bozeman Purchasing Dept., P.O. Box 172600,
Bozeman, MT 59717 -2600
1 20
Fire Protection 1 1.00 EA 25,000.0000 25,000.00
1988 Pierce Arrow Fire Engine
for sale by sealed bid
to open January 8, 2001 at 7:00 P.M.
NOTE: Not to exceed dollar amount
stated. If the Fire Services Training
School is not awarded this bid, the
Purchase Order will be null and void
immediately after bid award.
DISCOUNT: .00
ADDL CHARGES .00
TOTAL TAXES: .00
This purchase order is limited
Bruce Porter to the amount given.
If 406 - 994 -3211
L
arized by Phone
PO -12
Total
Page: 1
g`-T,
MONTANA STATE UNIVERSITY- BOZEMAN
Standard Terms and Conditions
By submitting a bid or proposal. or acceptance of a contract the vendor agrees to the following binding .
provisions:
AUTHORITY: The following bid/request for proposal or contract is issued in accordance with Title 18,
Montana Code Annotated and the Administrative Rules of Montana. Title 2, Chapter 5.
CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS: Any business entity, domestic or foreign,
intending to transact business in Montana must apply for authority to do so with the Montana Secretary of
State. Foreign business entities are obligated to determine whether thev are transacting business in Montana,
in accordance with §§ 35 -1 -1026 and 35 +8 -1001, MCA, and if so, must apply for and receive a certificate of
authority and continue to be in good standing with the Secretary of State for the duration of this contract.
Violation of these requirements may void this contract. Proof of authority is required. Questions or
registration may be accomplished by contacting the Secretary of State at (406) 444 -3665 or by e-mail at
sos @state.mt.us.
SHIPPING: Supplies shall be shippedprepaid. F.O.B. Destination. unless the contract specifies otherwise.
TAX EXEMPTION: The University is exempt from Federal Excise Taxes ( #53- 0183246).
VENUE: This bid/proposal is governed by the laws of the State of Montana. The parties agree that any
litigation concerning this bid, proposal, or subsequent contract, must be brought in District Court in and for
the County of Gallatin, State of Montana, and each patty shall pay its own costs and attorney fees. (Ref: 18 -.
1 -401, MCA)
NON - DISCRIMINATION: The State of Montana does not discriminate on the basis of disability in
admission to, access to, or operations of its programs, services, or activities. Individuals who need aids,
alternative document formats, or services for effective communications or other disability- related
accommodations in the programs and services offered, are invited to make their needs and preferences
known to this office. Vendors should provide as much advance notice as possible.
The contractor must comply with the Montana Human Rights Act, the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. All hiring for goods and services necessary as a result of this contract must be
on the basis of merit and qualifications; there may not be discrimination on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the people
performing under a subsequent contract.
HOLD HARMLESS/INDEMNIFICATION: The contractor agrees to indemnify and hold the
state/University, its officials, agents, and employees, while acting within the scope of their duties, harmless
from and against all claims, demands, and causes of action of any kind or character, including the cost of
defense, arising in favor of the contractor's employees or third parties on account of bodily or personal
injuries, death, or damage to property arising out of services performed, goods or rights to intellectual
property provided or omissions of services or in any way resulting from the acts or omission of the
contractor and/or its agents, employees, subcontractors or its representatives under a subsequent contract, all
to the extent of the contractor's negligence.
t,JT .
;ACCESS AND RETENTION OF RECORDS: The contractor agrees to provide the University, Legislative
Auditor, or their authorized agents, access to any records necessary to determine contract compliance. (Ref.
18 -1 -1 l8, MCA) The contractor agrees to create and retain records supporting the services rendered (or
supplies delivered) for a period of three years after either the completion date of the contract or the
conclusion of any claim, litigation, or exception relating to the contract taken by the University or third
party.
INTELLECTUAL PROPERTY: Ownership in any invention or discovery conceived and reduced to practice
solely by one party in the performance of this contract will reside in that one party, and any patent rights in
or patent issued thereon will reside in that one party. Ownership in any invention or discovery conceived or
reduced to practice jointly by personnel of both parties and any patent rights in or patent issued thereon
belong to both parries jointly. The contractor shall notify the University in writing of any invention
conceived or reduced to practice under this agreement. The contractor will retain right, title and interest,
including the right of copyright, in all work reduced to writing or fixed in any media (including reports,
articles, photographs, recordings, data, computer programs and related documentation) produced solely by
contractor under this contract. The University shall retain the same rights to work produced solely by its
employees and agents. The parties will jointly own any work jointly produced under this agreement. The
contractor grants MSU a perpetual, irrevocable, royalty free right to reproduce, publish, prepare derivative
works. access data, practice patents or otherwise use, and authorize others to use, all work produced under
this contract.
UNAVAILABILITY OF FUNDING: The University, at its sole discretion, may terminate or reduce the
scope of this contract if available funding is reduced for any reason. (Ref: Section I8 -4 -313 (3), MCA)
FACSIMILE RESPONSES: Facsimile responses will be accepted for Invitation for Bids ONLY if they are
• completely received by the University Purchasing Department prior to the time set for receipt of bids. Bids,
or portions thereof, received after the due time will not be considered. Facsimile responses to Requests for
Proposals are only accepted on an exception basis with prior approval of the procurement officer.
WARRANTIES: The contractor warrants that items offered will conform to the specifications requested, to
be fit and sufficient for the purpose manufactured, of good material and workmanship and free from defect.
Items offered must be new and unused and of the latest model or manufacture, unless otherwise specified by
the University. They shall be equal in quality and performance to those indicated herein. Descriptions used
herein are specified solely for the purpose of indicating standards of quality, performance and/or use desired.
Any exceptions to the specifications must be clearly indicated. Exceptions may be rejected.
ACCEPTANCEIREJECTION OF BIDS OR PROPOSALS: The University reserves the right to accept or
reject any or all bids or proposals, wholly or in part, to make awards in any manner deemed in the best
interest of the University. Bids and proposals will be firm for thirty days, unless stated otherwise.
BID AND PROPOSAL PREPARATION: The price for each item must be stated and shall be clearly shown
in the space provided. Only one unit price shall be shown for each item unless specific provision is made in
the form for an optional figure. The price of each item shall be extended to show the total price for the
quantity requested. In case of error in extension, the unit price shall prevail.
PROTEST PROCEDURE: Bidders, offerors, and contractors may protest a bid, proposal, or award. The
protest must be in writing and state in detail all of the protestor's objections. If the protest involves the
• solicitation or award of a contract, the protestor must follow the provisions of Section 18- 4-242, MCA. If the
protest involves the administration of an existing contract, the protestor must follow the provisions of ARM
2.5.406. If the protest involves a small purchase or limited solicitation as defined in ARM 2.5.603, the
protestor may request an administrative review of the procurement file. The University is under no obligation
to delay. halt. or modify the procurement process due to a protest.
MONTANA PREFERENCES: The University is required by law to apply a 3 -5% preference to bids
submitted by Montana residents for the purchase of goods. (Preferences are not applied to Requests for
P oosais. Term Contract Invitations for Bid, or if federal funds are involved.) Bidders claiming this
preference must have a current affidavit on file with the State Procurement Bureau, or submit one to the State
Prc -urement Bureau, at the time of bid, in order to qualify for the preference. For complete information and
affidavit forms, see www. state .mt.us /doaippd/resafftd.pdf (Ref: Section 18 -1 -102, 18 -1 -103, 18 -1 -113, MCA
and ARM 2.5.403.) In addition, Montana -made products are preferred for use in a contract if such goods are
comparable in price and quality. (Ref: 18 -1 -112, MCA)
FAILURE TO HONOR BID/PROPOSAL: If a bidder or offeror to whom a contract is awarded refuses to
accept the award (PO /contract), or fails to deliver in accordance with the contract terms and conditions, the
University may, at its discretion, suspend the bidder for a period of time from entering into any contracts
with the University.
CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality,
quantities. or specifications of this contract shall be granted without prior written consent of the University.
Supplies delivered which do not conform to the contract terms, conditions, and specifications may be
rejected and returned at the contractor's expense.
REFERENCE TO CONTRACT: The contract (Purchase Order) number MUST appear on all invoices,
packing lists, packages, and correspondence pertaining to the contract.
PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or services
OR receipt of a properly executed invoice, whichever is later. Unless otherwise noted, the University is
allowed 30 days to pay such invoices.
CONTRACT TERMINATION: Unless otherwise stated, the University may, by written notice to the
contractor, terminate this contract in whole or in part at any time the contractor fails to perform this contract.
ASSIGNMENT, TRANSFER AND SUBCONTRACTOR: The contractor shall not assign, transfer or
subcontract any portion of this contract without the express written consent of the University. (See 18 -4-
141, MCA)
SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any
provision of this contract is illegal and void shall not affect the legality and enforceability of any other
provision of this contract, unless the provisions are mutually dependent.
DEBARMENT: The contractor certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
(contract) by any governmental department or agency. If the contractor cannot certify this statement, attach
a written explanation for review by the University.
Revised: 03/00
E
To: City Council Packet Recipients
CC: Gary D. Plotz, City Administrator
From: Marilyn J. Swanson, Administrative Secretary
Date: January 19, 2001
Re: CITY COUNCIL MINUTES FOR JANUARY 9, 2001
Since we had a holiday on the 15` it made the week shorter to complete all the
materials that needed to go into the City Council packet. The January 9 City
Council minutes are almost completed, but I cannot stay late tonight to finish them
in as much as I have to attend a funeral reviewal in Dassel. Therefore, I will see that
you receive the minutes on Monday.
I am .going to send out the packet without the minutes so that you have time to
review'all the items listed on the agenda before the January 23 meeting.
1