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cp05-26-1998 cA& Ah A& NU SUNDAY MONDAY TUESDAY 1998 24 -25- -26- 7:00 a.m. — Leadership Team in HUTCHINSON MEMORIAL DAY Library Conf. Room CITY OBSERVED 9:00 a.m. — Management Team in CALENDAR Main Conf Room City Offices Closed 4:00 p.m. — Council/Director Budget Workshop WEEK OF Main Conf. Room May 24 to May 30 5:30 p.m. - City Council Meeting Council Chambers 7:30 p.m. - Public Hearing — Joint meeting County Brd. & City Council — Council Chambers WEDNESDAY THURSDAY FRIDAY SATURDAY -27- -28- -29- 30- CONFERENCE /SEMINAR/ VACATION 5125-29 Cal Rice (V) 3:00 p.m. — Utilites Commission 5:30 p.m. — Tree Board Meeting 5/ 25 -29 Connie Maki (V) Meeting City Center C = Conference M = Meeting S = Seminar V = Vacation AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 26, 1998 INVOCATION — Rev. Robert Brauer, Seventh Day Adventist Church INTRODUCTION OF NEW POLICE OFFICER GREG NADEAU un.Iyr 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT — APRIL 1998 2. FINANCIAL /INVESTMENT REPORT — APRIL 1998 3.' PLANNING COMMISSION MINUTES OF APRIL 21, 1998 4. POLICE CIVIL SERVICE COMMISSION MINUTES OF APRIL 28, 1998 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 98 -225 — ORDINANCE ESTABLISHING CUSTOMER SERVICE STANDARDS WITH RESPECT TO TRIAX TELECOMMUNICATIONS COMPANY (SECOND READING AND ADOPT) (c) "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR HUI'CHINSON JAYCEES (RODEO AT MCLEOD COUNTY FAIRGROUNDS, JULY 17-18,1998) (d) DELINQUENT WATER AND SEWER ACCOUNTS (e) PRELRvIINARY PLAT FOR BROLL'S SECOND ADDITION LOCATED SOUTH OF ORCHARD AVENUE SE REQUESTED BY DAVID BROLL (ADOPT RESOLUTION NO. 11013) (f) REZONING OF THREE 5 -PLEX UNITS IN BROLL'S SECOND ADDITION FROM R -1 TO R -3 (FIRST READING OF ORDINANCE AND SET SECOND READING FOR JUNE 9, 1998) (g) CONDITIONAL USE PERMIT TO CONSTRUCT THREE 5 -PLEX UNITS LOCATED IN BROLL'S SECOND ADDITION REQUESTED BY DAVID BROLL (ADOPT RESOLUTION NO. 11014) • (h) REZONING OF LOT SPLIT LOCATED AT 1115 HWY. 7 WEST (TOM CITY COUNCIL AGENDA — MAY 26, 1998 49 THUMB PROPERTY) FROM C -4 TO C -2 REQUESTED BY TONY GIKAS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR JUNE 9, 1998) (i) VARIANCE TO REDUCE LOT DEPTH FROM 150' TO 144' LOCATED AT 1115 HWY. 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY GIKAS (ADOPT RESOLUTION NO. 11015) (j) CONDITIONAL USE PERMIT TO CONTINUE SCHOOL OPERATION IN FORMER BETHANY BAPTIST CHURCH LOCATED AT 800 GROVE STREET REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE (ADOPT RESOLUTION NO.11016) (k) PRELIMINARY AND FINAL PLAT KNOWN AS ISLAND VIEW HEIGHTS THIRD ADDITION SUBMITTED BY BILL GILK (ADOPT RESOLUTION NO.11019) (1) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 10.03, REGARDING PARKING RATIO FOR FURNITURE STORES WmT READING OF ORDINANCE AND SET SECOND READING FOR JUNE 9, 1998) (m) FINAL PLAT KNOWN AS THE MEADOWS SUBMITTED BY SCOTT AND BART BRADFORD (ADOPT RESOLUTION NO. 11020) (n) RECOMMENDATION REGARDING CONTINUED USE OF A NON- CONFORMING WAREHOUSE (TRY CYCLE — 261 3 RD AVE.) IN THE C -5 DISTRICT (o) (P) (q) CONSIDERATION OF "RESOLUTION ESTABLISHING LOCATION OF TRAFFIC CONTROL DEVICES" (No Parking on South side of Century Ave. 50' either side of Ridgewater College) (ADOPT RESOLUTION NO. 11021) CONSIDERATION TO EMPLOY BONESTROO, ROSENE, ANDRILIK, AND ASSOCIATES TO ASSIST WITH PREPARATION OF MIGHT DUCKS GRANT APPLICATION CONSIDERATION OF BID FOR HUTCHINSON MEDICAL CENTER EXAM ROOM RENOVATION Action - Motion to approve consent agenda mmm: :I 03 7. — NONE ( 7'3o (a) CONSIDERATION OF PROPOSAL FOR CONSULTING SERVICES FOR FEASIBILITY REPORT ON SOUTH AREA TRUNK SANITARY AND STORM SEWER IMPROVEMENTS (DEFERRED MAY 12, 1998) Action — Motion to reject — Motion to approve • CITY COUNCIL AGENDA — MAY 26, 1998 . lei DMI (a) CONSIDERATION OF PRELIMINARY AND FINAL PLAT KNOWN AS APPLEBEE'S ADDITION SUBMITTED BY APPLEBEE'S INTERNATIONAL TO CONSTRUCT AN APPLEBEE'S RESTAURANT LOCATED AT 1305 HWY. 15 S. (ADOPT RESOLUTION NO. 11017) and VARIANCE REQUESTED BY APPLEBEE'S TO REDUCE PARKING SETBACK LOCATED AT APPLEBEE'S RESTAURANT, 1305 HWY. 15 S. (ADOPT RESOLUTION NO. 11018) and CONSIDERATION OF DEVELOPMENT AGREEMENT FOR APPLEBEE'S SUBDIVISION Action — Motion to reject — Motion to approve (b) PRESENTATION BY HOSPITAL ADMINISTRATOR PHIL GRAVES (c) CONSIDERATION OF RECOMMENDATION FROM COMMUNITY NEEDS TASK FORCE TO NAME CONSULTING FIRM FOR FEASIBILITY STUDY Action — Motion to reject — Motion to approve (d) CONSIDERATION OF WATER AND REFUSE BILLING AND COLLECTION POLICY • Action — Motion to reject — Motion to approve 9. MISCELLANEOUS (a) COMMUNICATIONS 11�4 1K\lu6 W @"Lei W : 1 ►. 1 :.: 10 (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds NNEE MPHIM : ►lul • PUBLIC HEARING JOINT DISPATCH SERVICES BETWEEN MCLEOD COUNTY AND THE CITY OF HUTCHINSON TUESDAY, MAY 26,1998,7:30 P.M. Hutchinson City Center — 111 Hassan St. SE AGENDA 1. Service Delivery 2. Possible Locations to E%aluate 3. Other Citizen Questions or Concerns CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT 111 HASSAN STREET S.E. HUTCHINSON. MN 55350 PHONE: 612. 274.4216 FAX 612334 -4240 Anril 1QQR • Total Permits 107 Total Valuation $1,980,052.00 r� NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING Item Number oi vahato I of Number of veaulion d BUILDINGS No. Buildings Housing corslructian Bulldings Houa.q carotruction Units Omt cords Unit Omni urns PI c I el Singa4amay houses, detstlred E�' lcmn 101 Singlo-lamity houses,.ftd d $operated q' yglid b IM I,✓. +/o v,n a6rn� ar eeUr, era 102 '$4WIIITIM { /IMWe Twa-tarnily bumicings 103 Three- and fouml build) 104 Fry -more faml 105 TOTAL: SM of 101 -105 109 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING Item Number Of Valuation of Number d Vakmbon d BUILDINGS No. ooms c trucbon s construction Omd cants Onwl owns e) c dI e 0 Hotels, motet, and toVisl (treneiera eoconeradetlmon lys 1 ) Z73 Other nonhousakeepi g shaker 214 NEW PRIVATELY OWNED PUBUCLYOWNED NONRESIDENTIAL Item Narber vacation of Number of Valuation 01 BUILDINGS No, Of ocratrctbn BWldings catatrcaon Bu Ornt Omdl cans a tl (e) Amusement, social, and recreational 315 11 13 Churches and other rellglous 710 Industrial 320 Parking garages buildings { open decked) 221 Service stations and repair garages 772 Hoeplale and institutional 227 Offices, baU, and prolesalorW 324 Pubac works and unites 325 Schools end other educational 325 Stares and customer services 327 Other nonresidential buildings 325 Strictures other Than buildings 720 ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, Item Number Valuation of Number d Valuation of AND CONVERSIONS No. of corsinxflon Buildings construction &ddnga Omd cant Omit cons (a) (b) (c) _ (d) (a) ResidaNial Gau/y eASSone d 434 garages °"d canoe s in tlem 13w 18 179,226 Nonresldemiai and nonMaueekeepi g 437 15 269 Addslota of resderdal garages and 435 Carports (allmhed and delached( 9 18-920 DEMOLITIONS PRIVATELY OWNED PUBLICLY OWNED AND RAZING Item Number Number of Number of Number of OF BUILDINGS No. of Housi units Buildings Housing wins Buildings al (c) e) Single - family houses (enaclad and 545 deucw) Tw smy buildings 645 Three snot four -lamiy builds g, 647 Frve or-more lamlty buadrga 015 W other buildings and structures 640 • Total Permits 107 Total Valuation $1,980,052.00 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE Please provide the following information for each permit authorizing construction valued at $500,000 or more entered in arry of the above sections Item No from above sections (a) Description (b) Name and address of owner or builder (c) Ownership Mark ()Q one (d) Valuation of constriction Omit cents Number of Hous'eg units Bulldings (g) 318 tend of budding p( private Public $ 1,116,313 1 Site address 766 Uitury Ave inn MN tend of building ❑ Private ❑ Public $ Site address IGnd of building Cl Private ❑ Public $ Site addross Kind of building ❑ Private ❑ Public $ Site address Comments Are you aware of any new permil-Issuing jurisdictions? ❑ No ❑ Yes - Please give additional information in comments. Name of person to contact regarding this report James G. Marka Telephone Area code Number - Extension Title D irector of Building Planning • 0 E 1998 APRIL REVENUE REPORT - GENERAL *TAXES LICENSES PERMITS AND FEES INTERGOVERNMENT REVENUE CHARGES FOR SERVICES FINES & FORFEITS INTEREST SURCHARGES - BLDG PERMITS CONTRIBUTIONS FROM OTHER FUND REIMBURSEMENTS SALES TOTAL EXPENSE REPORT GENERALFUND MAYOR & COUNCIL CITY ADMINISTRATOR ELECTIONS FINANCE MOTOR VEHICE ASSESSING LEGAL PLANNING POLICE DEPARTMENT SCHOOL LIAISON OFFICER EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE DEPARTMENT FIRE MARSHAL PROTECTIVE INSPECTIONS ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C CITY HALL 2-1 V JWc - TSIT"k RECREATION SENIOR CITIZENS CENTER CIVIC ARENA PARK DEPARTMENT RECREATION BUILDING & POOL LIBRARY CEMETERY DEBT SERVICE AIRPORT TRANSIT COMMUNITY DEVELOPMENT UNALLOCATED TOTAL 1 CITY OF HUTCHINSON FINANCIAL REPORT APRIL YEAR TO ADOPTED MONTH DATE ACTUAL BUDGET APRIL 1998 BALANCE ERCENTAGE REMAINING USED 1,631.73 1,631.73 1,538,854.00 1,537,222.27 0.11% 3,440.00 17,395.50 25,250.00 7,854.50 68.89% 21,499.90 54,174.87 170,050.00 115,875.13 31.86% 18,779.23 61,142.93 2,536,051.00 2,474,908.07 2.41% 15,862.46 189,663.21 1,143,074.00 953,410.79 16.59% 6,104.50 14,988.85 66,000.00 51,011.15 22.71% 24,728.35 96,932.73 100,000.00 3,067.27 96.93% 1,018.70 1,078.63 1,000.00 (78.63) 107.86% 200.00 177,263.00 1,181,500.00 1,004,237.00 15.00% (1,173.12) 15,026.50 37,500.00 22,473.50 40.07% 0.00 0.00 8,300.00 8,300.00 0.00% 92,091.75 629,297.95 6,807,579.00 6,178,281.05 9.2% 4,741.20 19,121.04 61,289.00 42,167.96 31.2% 15,612.90 65,158.35 193,678.00 128,519.65 33.6% 0.80 1,369.82 6,800.00 5,430.18 20.1% 17,891.00 103,880.34 324,562.00 220,681.66 32.0% 12,848.00 44,917.95 138,414.00 93,496.05 32.5% 0.00 0.00 29,869.00 29,869.00 0.0% 7,248.70 29,679.77 87,900.00 58,220.23 33.8% 4,883.90 18,132.22 47,909.00 29,776.78 37,8% 125,174.00 551,462.32 1,693,236.00 1,141,773.68 32.6% 4,102.30 28,595.97 111,646.00 83,050.03 25.6% 168.80 12,329.65 2,500.00 (9,829.65) 493.2% 0.00 0.00 250.00 250.00 0.0% 3,757.40 38,316.78 236,980.00 198,663.22 16.2% 882.00 6,659.81 0.00 (6,659.81) - -- 12,298.10 53,599.48 154,468.00 100,868.52 34.7% 27,053.50 120,096.77 407,983.00 287,886.23 29.4% 40,038.70 186,775.06 620,902.00 434,126.94 30.1% 8,286.70 42,169.81 89,400.00 47,230.19 47.2% 8,233.10 35,996.03 91,721.00 55,724.97 39.2% 9,583.50 45,656.84 149,569.00 103,912.16 30.5% 8,135.80 40,994.46 211,381.00 170,388.54 19.4% 5,948.60 26,629.97 102,346.00 75,716.03 26.0% 13,301.10 74,970.63 190,291.00 115,320.37 39.4% 56,588.40 188,344.96 643,795.00 455,450.04 29.3% 4,990.90 30,339.50 92,090.00 61,750.50 32.9% 21,591.50 47,454.85 108,077.00 60,622.15 43.9% 5,057.70 9,737.26 100,667.00 90,929.74 9.7% 700.00 5,484.50 87,134.00 81,649.50 6.3% 1,578.20 8,072.77 43,160.00 35,087.23 18.7% 9,787.10 44,800.18 113,201.00 68,400.82 39.6% 2,498.40 4,734.11 88,376.00 83,641.89 5.4% 13,553.40 199,521.06 577,985.00 378,463.94 34.5% 446,535.70 2,085,002.26 6,807,579.00 4,722,576.74 30.6% 4 A. Cad APRIL 1998 CITY OF HUTCHINSON FINANCIAL REPORT - 1998 APRIL 19 ENTERPRISE FUNDS REVENUE REPORT - LIQUOR FUND MONTH OF YEAR TO ADOPTED BALANCE CENTAGE APRIL DATE ACTUAL BUDGET REMAINING USED . LIQUOR SALES 58,178.42 231,926.80 829,000.00 597,073.20 28.0% WINE SALES 22,804.47 84,119.32 314,000.00 229,880.68 26.8% BEER SALES 108,065.09 367,632.30 1,358,000.00 990,367.70 27.1% BEER DEPOSIT (95.80) (519.12) 0.00 519.12 0.0% MISC. SALES 8,463.04 29,858.52 140,000.00 110,141.48 21.3% LOTTERY SALES 579.67 1,260.67 2,900.00 1,639.33 43.5% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 0.0% CASH DISCOUNTS (1,862.43) (6,345.85) (21,700.00) (15,354.15) 29.2% INTEREST (16.96) 2,879.21 6,000.00 3,120.79 48.0% TOTAL 196,115.50 710,811.85 2,628,200.00 1,917,388.15 27.0% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 16,740.12 74,421.46 231,412.00 156,990.54 32.2% REPAIR & MAINTENANCE 1,828.48 4,973.69 13,350.00 8,376.31 37.3% CONSULTING 0.00 11,795.00 0.00 (11,795.00) #DIV 101 OTHER SERVICE & CHARGES 2,350.28 7,695.12 66,800.00 59,104.88 11.5% DEPRECIATION 0.00 0.00 26,000.00 26,000.00 0.0% DEBT SERVICE 0.00 0.00 35,730.00 35,730.00 0.0% TRANSFERS 0.00 141,640.11 245,000.00 103,359.89 57.8% COST OF SALES 141,640.11 519,440.83 2,011,290.00 1,491,849.17 25.8% MISCELLANEOUS 14.95 425.89 8,100.00 7,674.11 5.3% CAPITAL OUTLAY 0.00 0.00 3,000.00 3,000.00 0.0% TOTAL - 162,573.94 760,377.15 2,640,682.00 - 1,880,289.90 28.8% REVENUE REPORT- WATER SEWERIFUND SCORE 50,602.57 83,562.57 131,000.00 47,437.43 63.8% LICENSES 0.00 0.00 GRANT OAO 0.00 50,000.00 50,000.00 0.0% WATER SALES 83,535.97 343,142.13 720,000.00 376,857.87 47.7% WATER TREATMENT SURCHARGE 1,670.25 9,207.66 0.00 WATER METER 817.00 2,349.00 14,000.00 11,651.00 16.8% REFUSE SERVICES 43,393.16 213,061.05 484,000.00 270,938.95 44.0% REFUSE SURCHARGE 4,270.02 21,858.89 55,000.00 33,141.11 RECYCLE BAGS 164.00 142.45 0.00 (142.45) 0.0% REFUSE STICKER SALES 152.00 433.45 0.00 (433.45) 0.0% REFUSE RECYCLING (4,902.00) (23,526.52) (10,000.00) 13,526.52 0.0% COMPOST CREDIT (709.00) (3,693.78) (60,000.00) (56,306.22) 0.0% COMPOST & RECYCLE SALES 1,574.00 1,501.17 10,000.00 8,498.83 0.0% WOOD WASTE CHARGE 104.75 104.75 SEWER SERVICES 164,016.93 721,661.36 1,900,000.00 1,178,338.64 38.0% PENALTY CHARGES 1,209.72 5,982.19 18,000.00 12,017.81 33.2% INTEREST EARNED 3,562.50 35,631.32 240,000.00 204,368.68 14.8% LOAN REPAYMENT 411.76 1,647.04 38,630.00 36,982.96 REFUNDS & REIMBURSEMENTS 1.35 1,177.48 3,000.00 1,822.52 39.2% OTHER 0.00 103.00 6,000.00 5,897.00 1.7% CONNECTION CHARGES 0.00 0.00 0.00 TOTAL 349,874.98 1,414,345.21 3 2,194,597.20 39.3% EXPENSE REPORT -WATER SEWER/FUND REFUSE 58,051.00 173,781.44 684,479.00 510,697.56 25.4 % WATER 200,829.78 361,837.40 1,273,982.00 912,144.60 28.4% WASTEWATER 110,290.96 382,166.54 2,625.214.00 2,243,047.46 14.6% TOTAL 369,171.74 917,785.38 4,583,675.00 3,665,889.62 20.0% $8,600,927.07 r( -A 4 ' CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 21- May -98 35,916.00 Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount TREAS BONDS 644136 7.18% 12/12/91 2/1512001 367,500.00 TREAS BONDS 644137 7.13% 12/12/91 10/15/98 302,437.50 Smith Barney GNMA 865M7 6.70% 9/04197 9/042002 200,000.00 Smith Barney 313400 S H 7 5.00% 12/30/93 03/10/00 300,000.00 Prudential pool 336914 7.226% 1231 96 0201 2026 145,046.57 Expected fife 6.2 years Smith Barney FNMA 6.100% 01 2098 01 2005 300,000.00 Prudentail pool 336399 7.270% 1231 96 0201 2026 148,533.11 Expected life 4.1 years Citizens, Marquette 4.00% 0425/96 08/012001 100,000.00 Firstate, First Minnesota Prudential Fed Home Leon 7.50% 0128/98 0728103 200,000.00 Smith Barney FNMA 6.09% 12/19/95 12/19/00 500,000.00 Smith Barney FNMA pass thru 7.50% 1220/95 06/01102 137,409.89 REPAYMENT W Smiht Barney FNMA 6.10% 0120/98 0120/05 300,000.00 Marquette 1,635.00 5.900% 11 2697 11 2598 200,000.00 Marquette 1847' 1692 5.75% 03/12!98 03/11/99 500,000.00 Firstate 411,235,266.00 6.30% 05/14/98 05/17/99 600,000.00 First American B 85,577.00 6.00% 05/30/97 0326/98 400,000.00 Firstate 411,248,327.00 5.60% 03/06/98 06/11/98 400,000.00 Marquette 1847'1722 5.75% 03 1298 03 25 99 400,000.00 First Federal 9,052.00 6.250% 05 30 97 05 28 98 400,000.00 First Federal 411,248,152.00 5.75% 10/17/97 0625/98 200,000.00 Marquette 1847'1721 5.750% 03 12 98 041599 400,000.00 1 ST American 5.750% 05 15 98 05 13 99 400,000.00 Citizens Bank 29,838.00 5.900% 11 1397 11 1298 400,000.00 Citizens Bank 29,838.00 5.750% 11 1397 07 29 98 200,000.00 Citizens Bank 29,841.00 5.600% 11 20 97 07 29 98 600,000.00 Firstate 411239086 5.70% 04 17 98 4 15 99 _ 500,000.00 $8,600,927.07 r( -A 4 ' Minutes HUTCHINSON PLANNING COMMISSION Tuesday, April 21, 1998 •1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Arndt, Dave Westlund, Jim Haugen, Jeff Jones, Jeff Haag and Chairman Wood. Absent: Joe Drahos. Also present: Jim Marka, Director of Building, Planning and Zoning; Bonnie Baumetz, Planning and Zoning; and Barry Anderson, City Attomey. CONSENT AGENDA a) CONSIDERATION OF MINUTES OF REGULAR MEETING DATED MARCH 17, 1998 Mr. Haugen made a motion to approve the minutes dated March 17, 1998. Seconded by Mr. Haag the motion carried unanimously. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICK MEYER TO MOVE A 14'X 18' GARAGE ONTO A LOT IN COUNTRY CLUB TERRACE. Chairman Wood opened the hearing at 5:32 p.m. with the reading of publication # 5150 as published in The Hutchinson Leader on Thursday. April, 9, 1998. The request is for the purpose of considering a conditional use permit requested by Rick Meyer to move a 14'x 18' garage onto a lot in Country Club Terrace Mobile Home Park at 448 California Street NW, Lot 206. Mr. Marka explained the request, he said the garage did meet the present ordinance requirements for a garage, also Mr. Meyer has permission from the mobile home park management. Mr. Arndt made a motion to close the hearing, seconded by Mr. Haugen the hearing closed at 5:35 p.m. Mr. Haag made a motion to recommend approval with staff recommendations, seconded by Mr. Wesdund the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUNTER'S RIDGE CHURCH /RIDGEWATER COLLEGE TO OPERATE A DAY CARE IN THE CHURCH BUILDING AT 850 SCHOOL RD SE IN THE R -2 DISTRICT Withdrawn. C) CONSIDERATION OF PRELIMINARY PLAT "BROLL'S SECOND ADDITION" REQUESTED BY DAVID BROLL LOCATED SOUTH OF ORCHARD AVE. SE. Chairman Wood opened the hearing at 5:36 p.m. with the reading of publication # 5154 as published in The Hutchinson Leader on Thursday, April 9, 1998. The request is for the purpose of considering a preliminary plat "Broil's Second Addition" requested by David Broil located south of Orchard Ave. SE. Mr. Marka explained Mr. Broil's request to construct 3 buildings with five individually owned units in each building. Mr. Broil has met with staff in a preconstruction meeting, and Mr. Broil is going through the process of platting and permitting. Planning Staff recommended approval. Mr. Broll described his proposed plans are for single story townhomes with proposed basement for mechanical room and bath on Lot 15 only. The units will be sold as individual units. Mr. Broil does not plan on renting any units. Each unit will have separate utilities and two car garages, the exterior and common area will be governed by the townhome association agreement. The agreement will also address utility sheds and parking. Mr. Broil said he meets the density requirements. Randy Dammann, 115 Orchard Ave. SE, asked how many spaces would be available for off street parking. 1q --,q (�[) He was concerned with increased traffic on Century Ave. causing a safety problem Barry Anderson, City Attorney, said the sidewalk issue is being addressed. The parking is an issue the council will have to address. Garey Knudsen, 130 Orchard Ave. SE, said he was concemed with safety in the area of the park on Sherwo� St.. He was also concerned with "creeping" higher density housing. Duane Thorp, 155 Orchard Ave SE, said he was concerned with safety of the children in the area of the park. Paul Philipp, 25 Orchard Ave SE, said he would like more information on the size of the development and units such as two bedroom, four season porch, etc. He also asked the area of this development Mr. Broil said area would be from Bradford St. to Sherwood Ave. SE. and plans were available for viewing. Commissioner Haag asked the market range of the units. Mr. Broll said he thought between $110,000 and $150,000. Bruce Hakes, 1279 Bradford St SE, asked if this development would generate the same amount of taxes as single family homes in the area. Millie Hakes, 1279 Bradford St SE, was concerned with motor homes parking on the street. Duane Thorp, 155 Orchard Ave SE asked if the association agreement could be in place before the Planning Commission approved the development. Mr. Marka said the City Engineer and Police Chief will review the traffic concems of Century Avenue and the Sherwood St park. The sidewalk is scheduled for construction on Century Avenue in 1999. City Engineer Rodeberg is working with Ryan Companies and the Hoememan Trust regarding a collector street south of Century Avenue. Mr. Marka said there is also concern how the hospital expansion will effect the traffic on Century Avenue. Mr. Marka said if there were twin homes built on this property, the density requirements would allow 14-16 un� (6 -8 buildings). Mr. Marka said after Mr, Broll's attorney has the association agreement completed the staff will set up an informational meeting at the developers discretion before May 19. Barry Anderson, City Attomey, said the traffic concern is a City Council issue. At 6:15 p.m. Mr. Haag made a motion to continue the hearing until next meeting, seconded by Mr. Amdt the motion carried unanimously. d) CONSIDERATION OF REZONING FROM R -1 TO R-4 TO CONSTRUCT THREE 5 -PLEX UNITS IN BROLL'S SECOND ADDITION REQUESTED BY DAVID BROLL LOCATED SOUTH OF ORCHARD AVE. S.E. Chairman Wood opened the hearing at 5:38 p.m, with the reading of publication # 5155 as published in The Hutchinson Leader on Thursday, April 9, 1998. The request is for the purpose of considering rezoning from R -1 to R-4 to construct three 5 -plex units in Broil's second addition requested by David Broil located south of Orchard Ave. S.E. Mr. Marka said the rezoning to a R -3 District is compliant with the comprehensive plan. At 6:16 p.m. Mr. Westlund made a motion to continue the hearing until next month, seconded by Mr. Haag the motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID BROLL TO CONSTRUCT THREE 5 -PLEX UNITS ON PROPERTY LOCATED IN BROLL'S SECOND ADDITION REQUESTED t30 DAVID BROLL LOCATED SOUTH OF ORCHARD AVE. S.E. Chairman Wood opened the hearing at 5:38 p.m. with the reading of publication # 5156 as published in The Hutchinson Leader on Thursday, April 9, 1998. The request is for the purpose of considering a conditional use permit to construct three 5 -plex units in Broil's second addition requested by David Broil At 6:17 p.m. Mr. Westlund made a motion to continue the hearing until next month, seconded by Mr. Haag. The motion carried unanimously. • f) CONSIDERATION OF VACATION OF UTILITY AND DRAINAGE EASEMENTS LOCATED IN PADEN'S ADDITION REQUESTED BY BERNIE MCRAITH Chairman Wood opened the hearing at 6:22 p.m. with the reading of publication # 5157 as published in The Hutchinson Leader on Thursday, April 9, 1998. Request is for the purpose of considering a petition requested by Bennie McRaith, Super 8 Motel, 1200 Highway 15 South to vacate or modify the current utility and drainage easements between Lots 1 and 2 and Lots 1 and 6, Block 2, Paden Addition for construction of a motel addition. Mr. Marka explained Mr. McRaith is planning an addition onto the Super 8 Motel and needs to vacate or modify the easements. Mr. McRaith owns the lots on both sides of the easement Mr. McRaith and Hutchinson Utilities will maintain a private electrical easement between lots 1 and 2 and vacate easement between lots 1 and 6. Mr. Haugen made a motion to close the hearing, seconded by Mr. Haag the hearing closed at 6:25 p.m. Mr. Haag made a motion to recommend approval with staff recommendations. Seconded by Mr. Jones the motion carried unanimously. g) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 8.18 0 FLOOD PLAIN Chairman Wood opened the hearing at 7:30 p.m. with the reading of publication # 5158 as published in The Hutchinson Leader on Thursday, April 9, 1998. The for the purpose of considering an amendment to City Code Chapter 11, Zoning Ordinance #464, Section 8.18 regarding Flood Plain. Ms. Baumetz explained all references of Section 14 (Municipal Code) to Section 8.18 (Zoning Ordinance). Mr. Westlund made a motion to close the hearing, seconded by Mr. Haag the hearing closed at 7:32 p.m. M • Westlund made a motion to recommend approval with staff recommendations, seconded by Mr. Haag the motion carried unanimously. h) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.14 - SIGNS (BANNERS IN THE MAIN ST. AREA) AND C -3 SIGNS Ms. Baumetz asked to continue consideration of amendment until after the Downtown Sign Review Committee reviews the ordinance. Chairman Wood opened the hearing at 7:33 p.m. with the reading of publication # 5159 as published in The Hutchinson Leader on Thursday, April 9, 1998. For the purpose of considering an amendment to City Code Chapter 11, Zoning Ordinance #464, Section 10.14 regarding signs in the C -3 District and Banner in the Main Street Area. Mr. Westlund made a motion to continue the hearing until June 1998, seconded by Mr. Haag the motion carried unanimously. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 3 - DEFINITION OF GARAGE Chairman Wood opened the hearing at 7:40 p.m. with the reading of publication # 5160 as published in The Hutchinson Leader on Thursday, April 9, 1998. For the purpose of considering an amendment to City Code, Chapter 11, Zoning Ordinance #464, Section 3 regarding definition of a garage. Ms. Baumetz said the definition of the size of the garage would be changed to read minimum size for single stall garage is 12' x 20' and double stall 20' x 20'. Garages in residential districts less than 400 square feet require • a conditional use permit. Mr. Haag made a motion to close the hearing, seconded by Mr. Jones the hearing closed at 7:45 p.m. Mr. Haugen made a motion to recommend approval with staff recommendations. Seconded by Mr. Jones the motion carried unanimously. 3 Hutchinson Planning Commission Minutes Apn121, 1998 CONSIDERATION OF VARIANCE TO CONSTRUCT A LOADING BERTH AT CROW RIVER PRES• LOCATED AT 170 SHADY RIDGE ROAD NW. Chairman Wood opened the hearing at 6:27 p.m. with the reading of publication # 5161 as published in The Hutchinson Leader on Thursday, April 9, 1998. The request is to consider an application for a variance submitted by Crow River Press to reduce the loading berth set back from 65' to 43' at 170 Shady Ridge Road NW. Mr. Marka explained this is the third revision of the loading berths so the trucks do not encroach into the road right of way when using the loading berth. Mark Thies, manager of Crow River Press explained the one existing dock is facing Shady Ridge Road. They need to keep this dock on the east side because it is in line with the present printing equipment which is stationary and cannot be moved. Mr. Charles Warner, President of Crow River Press, said they need to expand and make the changes they are proposing to keep up with competition. Mr. Theis said they are getting in a total of 27 trucks a month , 12 straight trucks, 9 -28' pup trailers, 6 to 7 — 48' trailers. In the next five years they expect 30 to 40% increase of truck traffic. Jeff Goldsmith, Shady Ridge Road, would like more revision work done on the plans for the loading berths. He would like the request to be tabled or continued. Mr. Goldsmith doesn't want the recycling trailer parked permanently. He is concerned with the safety of the children in the neighborhood when riding their bikes or walking by the area of the trucks. He is concerned with the sight distance problems and the inexperience of some truck drivers maneuvering into the berths at an angle. - Mr. Warner said the present berth is straight the proposed berths are at an angle. The drivers should not have a sight problem. Barry Anderson, City attorney, pointed out that this is the third revision of the plans. Crow River has been trying to design a safe workable plan. Mr. Goldsmith suggested Crow River Press change the size of their building to permit more room for truck entrance. Jim Haugen stepped down from his position as planning commissioner and explained the revisions they have made. They are 5' back from the curb with no encroachment onto roadway. They meet ordinance requirements. Mr. Arndt made a motion to close the hearing, seconded by Mr. Haag the hearing closed at 7:15 p.m. Mr. Westlund made a motion to recommend approval with staff recommendations, seconded by Mr. Arndt the motion carried. Mr. Haugen abstained from voting. k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BREMIX CONCRETE CO. TO REPLACE EXISTING KILN AND ADD 16'X 50' KILN IN THE 1 -1 DISTRICT LOCATE AT HWY 311 HWY 7 EAST. Chairman Wood opened the hearing at 7:15 p.m. with the reading of publication # 5162 as published in The Hutchinson Leader on Thursday, April 9, 1998. The request is to consider an application for a conditional use permit by Bremix Concrete Company /Amcon Block Company to replace existing kilns and add a 16' x 50' addition to same kiln in a 1 -1 zoning district located on 311 Hwy 7 East. Mr. Marka explained The cement batch plant will be relocated to the 1 -2 District or outside the City limits in 190 The cement batch operation will stay the same. The concrete truck traffic will be reduced by approximately one - half. Hours of crusher operation will be reduced and limited between 10 p.m. and 7 a.m. Hutchinson Planning Commission Minutes April 21, 1998 Dave Pederson, owner of Amcon Block Company, explained the noise decimal will go down. Possibly there • may be more on site storage. Once a year they will bring in a crusher for aggregate crushing. Mr. Marka recommended crushing only between the hours of 7 a.m. and 10 p.m. Mrs. BemadineTelecky, 321 Hwy 7E, was concerned with the noise. She said in the past trucks started at 3:00 a.m. in the morning. Also, plastic from the blocks blow into her yard. She was stating her expectations for the new owner. Mr. Arndt made a motion to close the hearing, seconded by Mr. Haag the hearing closed 7:30 p.m. Mr. Arndt made a motion to recommend approval with staff recommendations, seconded by Mr. Jones the motion carried unanimously. NEW BUSINESS - a) CONSIDERATION OF SIX MONTH EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY AUGUSTA HOUSING. Mr. Wesdund made a motion to recommend approval with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. b) DISCUSSION OF PARKING RATIOS FOR FURNITURE STORES Mr. Marka said they a proposing 1 space per employee plus 1 space per 1,000 sq. ft. of warehouse or display Area. C) DISCUSSION OF ORDINANCE REGARDING LOADING BERTHS SECTION 10.02 Bring back for discussion next month. 5. OLD BUSINESS a) Review of Section 10.10 - 10.15 of the Zoning Ordinance (Will review in May) COMMUNICATION FROM STAFF ADJOURNMENT There being no further business the meeting adjourned at 8:00 p.m. i 5 0 0 CJ HUTCHINSON POLICE COMMISSION MINUTES The Hutchinson Police Commission held a meeting on April 28, 1998, at the Hutchinson Police Department. Present at the meeting were John Decker, Cheryl Dooley, Rick Nass and Lt. John Gregor. The meeting was called to order. Lt Gregor asked the commissioners if they all had the opportunity to read over the letter from Barry Anderson regarding the changes to the rules and regulations. He asked if there were any questions about the content of the letter. Rick Nass stated that he felt the basis of the changes suggested by Anderson were mostly minor changes in the language and 1 or grammar of the rules. Cheryl Dooley wanted to know if Tim Pawlenty had seen the changes. Lt. Gregor stated that once the commission had given their approval that Anderson would send the revised rules and regulation to Pawlenty for his final opinion. If he does not see any problems the process if done, however if he does see problems the document will come back to the commission. Lt. Gregor stated that the rules should be reviewed every 2 to 3 years to make sure that they follow the changes that have evolved. This had not been done and when Investigator Waage had challenged the rules and regulations at the beginning of the promotional process the commission started their review. A motion was made by Cheryl Dooley, seconded by John Decker, to accept the changes made to the rules and regulations and forward them to Tim Pawlenty. Motion carried. Gregor then stated that the elections still needed to take place for the organizational meeting. Cheryl Dooley asked if a new commissioner had been appointed to take John Decker place. Gregor stated that the mayor had not appointed anyone to that position. A motion was then made by John Decker, seconded by Rick Naas, to nominate Cheryl Dooley as the chair. Motion Carried. A motion was then made by John Decker, seconded by Cheryl Dooley, to nominate Rick Nass as the secretary. Motion Carried. With there being no further business to discuss, a motion was made by Cheryl Dooley, seconded by John Decker, to adjourn. Motion carried. Time of adjournment was 7:45 a.m. / I mial R ick Nass W- , q ��f> ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP 0 DAVID B- ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. MDGEE CATHRYN D. REHER WALTER P- MICHELS. III JAMES UTLEY 'ALSO ADMITTED IN TEXAS AND NEW YORK (3 20) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON May 22, 1998 OF COUNSEL ARTHUR L -DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 1812) 545 -9000 FAX (612) 545 -1793 Sol SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 380 -2214 FAX (61 2) 399 -5505 Ms. Marilyn Swanson Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Cable TV Service Issues Our File No. 324494054 Dear Marilyn: t� In connection with the consent agenda item dealing with Triax Cablevision, the ordinance covering customer service standards, please find enclosed a copy of Jane Bremer's letter to me of May 8, 1998 and my responsive correspondence. If I hear anything that would require some minor modifications to the ordinance we can pull It off the consent agenda at that time. However, otherwise, I would recommend we simply move forward and adopt the customer service standards. If you have any questions regarding this matter, please do not hesitate to contact me. Thank you. Best regards. & DOVE, PLLP 0 enc. ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION I / b(0 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III JAMES UTLEY +ALSO ADYiTTED IN TCFA• ANO utV 1.Nl Ms. Jane E. Bremer Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue So. Bloomington, Mn. 55431 -1194 Re: Cable TV Services Issues - Triax Hutchinson Our File No. 3244 -94054 Dear Jane: OF COUNSEL ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545 -9000 FAX (612) 5451793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (81 2) 389-2214 -" FAX (61 2) 389 -5506 Send via facsimile: (612) 896 -3334 Thank you for your letter of May 8, 1998. Your letter reports that construction work was completed by April 24, 1998. However, you correctly quote the language in the Franchise Agreement which indicates that the system is to be 'capable of delivering' a minimum of 60 channels. At this moment all we have are Triax's assurances that it has completed the system. If Triax intends to actually offer the services required by the Franchise Agreement in the very near future H would be helpful if the Council, which meets Tuesday evening and will no doubt ask questions of me about this matter, were to be advised of this fact. Please consult with your client and get back to me on this issue. The second reading of the customer service standards as prepared by attorney Vose, on behalf of the City of Hutchinson, is scheduled for Tuesday evening. I expect the Council to approve those standards as written unless I hear from Mr. Vose that you and he have negotiated any different arrangements with respect to the specifics of those standards. The ordinance will then become effective upon publication which will occur either next Thursday or the following Tuesday. By facsimile transmission to yourself and Mr. Vose I am advising both that this is the time frame In which these decisions will be made. I look forward to hearing from you. Thank you. Very truly yours, ARNOLD, ANDERSON & DOVE, PLLP G. Barry Anderson GBA:jm CC Robert Vose - via facsimile (612) 546 -1003 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ATTORNEYS AT LAW lol PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (3 20) 587 -7575 FAX(320)587 -4096 - RESIDENT ATTORNEY G. BARRY ANDERSON May 22, 1998 0 E i y 0 (1) FROM 65.00.1990 16157 P. 2 LARKIN, H01 'FMAN, DALY & LINDGREN, LTD. ATTORNEYS AT UAW • Jane E. anmv DIR. DIAL (612) 696-3297 6- kWL)bnmerojhdl.o May 8, 1998 G. Barry Anderson, Esq. Arnold, Anderson & Dove 101 Park Place Hutchinson, Minnesota 55350 Re: City of Hutchinson Dear Barry: 1600 NORWl6T FINANCUIL CENTER SLOOMMOTO W N AVENUE E90TA 65151 1101 TELEPHONE (e12) 616.7aoo FAX ( -677,7 Thank you for notifying me Of the upcoming agenda item regarding Triax's completion of construction in the City of Hutchinson. I have confirmed with my client and they have assured me that construction was completed in accordance with the Franchise Agreement which states as follows: "Grantee shall provide a System which utilized 550 Mhz equipment and which is capable of delivering a minimum of sixty (60) channels within three (3) years of the Effective Date of this Ordinance." • (Ordinance # 95 -131 Section 4.1A) - The Effective Date is April 25, 1995 and Triax completed construction by April 24, 1998. Triax is unaware of any factual situations which could give rise to an assertion of franchise non - compliance on this construction project. Therefore, I would very much appreciate your clarification of any information the City may have on this point prior to the May 12 meeting. I do plan to attend the May 12 meeting to assure that any questions which the City Council may have will be promptly answered. With regard to the customer service standards, I have forwarded my recommendations to Bob Vose with a suggestion that we need to reach a set of standards which are mutually agreeable. Triax is prepared to accept the vast majority of the suggestions provided by Mr. Vose as they are consistent with the Federal Communications Commission (FCC) customer service rules. However, certain items require additional discussion and we have suggested to Mr. Vose that the discussion occur prior to a recommendation being made to either the Hutchinson City Council or Triax management. I trust you will concur with this approach. 1 Although we appreciate that you may continue to receive calls from Triax customers, we have not received any information from your office regarding specific complaints to which we could respond. At this time, I am not aware of any complaints to which we have not responded. Therefore, if you have information on any specific complaints from customers, I would very much appreciate hearing about it. Triax has made significant strides in improving its customer service in the City of Hutchinson: • LJ (�� FROM 03.08.1998 16158 P. 3 LARKIN, IdOFFMAN, DALY & LINDGREN, LTD, G. Barry Anderson, Esq. May 8, 1998 Page 2 1. The Company's long distance vendor has been changed to AT &T, facilitating services such as "never busy" and system redundtutcy. Call load management allows better distribution of call volume, with the goal of reducing hold time. 2. Triax has added eight customer service representatives over the past twelve months and has plans to add additional personnel. 3. no Company has adopted a staggered billing system to level -off the number of calls being received on any one day. 4. Effective May 1, the Company adopted the "on time guarantee" installation guarantee throughout Minnesota. Any customer who has installation or service will receive a credit, guaranteed, S. The Company has successfully completed the rebuild of the Hutchinson cable system which will address certain technical issues and is planning its launch of new programming and services in July. 6. The Company is monitoring its lock box daily and has worked closely with its billing vender to assure that all payments received on particular day are credited on a particular day. 7. The Company has hii+ed two fill -time trainers for its customer service team, who are In -house employees dedicated to continually improve the company's customer service and responsiveness. S. Additional investment is scheduled for 1998 in customer service equipment, personnel, technical services, and quality assurance programs. These steps, coupled with the rebuild of the Hutchinson cable system, should result in a significantly enhanced product for our Iutchinson customers. 1 look forward to seeing yon on May 12, and continue to working cooperatively toward the resolution of any outstanding issues in the City of Hutchinson. E. Bremer, for KIN, HOFFMAN, DALY & LINDGREN, Ltd. cc; Paul Pecora Torn Bordwell JEB /dw 0396133.01 r�.EHD••+ e4 -36 -1998 10:17 0 I. Definitions 8125461003 BERNICK & LIFSON P.02 A. " Normal busitim hours - The term "normal business hours" means those hours during which most businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and some weekend hours. B. "Normal opca in¢ conditions - The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions, Those conditions which are within the control of the cable operator include, but are not limited to, special promotions, pay -per -view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. C. ' Service :njcmW = " -'The term "service interruption" means any loss of picture or sound on one or more cable channels for longer than a momentary period. II. Cable system office hours, telephone availability, and general customer responsiveness A. Telephone Availability - The cable operator will maintain a local, toll -free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. The cable operator will ensure that: (1)Trained company representatives are available to respond to customer telephone inquiries during normal business hours, and; (2) after normal business hours, the access line will be answered by a service or an automated response system such as an answering machine or voice mail. Further, inquiries received after normal business hours must be responded to by a trained company representative on the next business day. B. Telephone Answer J me - Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. C. Rmsy S�im?1_s - Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. D. Local Office - Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located at a location in the City. E. C�=lianre - In the event subscriber complaints received by the City, or reported to the City by the cable operator as required herein, demonstrate a clear failure to comply with these customer responsiveness requirements in City's sole discretion, the operator may be required to G4-30-1998 10:17 612S461003 BERNICK a LIF80N P.03 perform quarterly surveys of customers to measure compliance with these requirements_ The cable operator shall be required to survey a statistically significant number of subscribers and make inquiries regarding compliance with these requirements. The nature and substance of the inquiries shall be reviewed and approved by City prior to conducting each survey. The results of such sur -ys shall be provided to City via a written and certified report within 5 days after conduct of such su ay. F. Burden of Proof - In the event of a dispute between the City and the cable operator regarding compliance with these requirements, the cable operator shall have the burden for demonstrating compliance. III. Installations, outages and service calls A. Tncra_Ujgn_ Nave anti $zajW Cis •Linder normal operating conditions, each of the following four standards will be met no loss than ninety five (95) percent of the time measured on a quarterly basis: (1) Standard installations will be performed within seven (7) business days after an order has been placed; (2) Excluding conditions beyond the control of the operator, the cable operator will begin working on service interruptions promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem; (3) The "appointment window' alternatives for installations, service calls, and other installation activities will be either a specific time or, at maxim a four -hour time block during normal business hours. However, the operator may schedule service calls and other installation activities outside normal business hours but only at the request of and for the express convenience of the customer, (4) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment; (5) If a cable operator representative is running Iate for an appointment with a customer and will not be able to keep the appointment as scheduled, the operator will contact the customer via telephone at the appointed location and at the appointed time. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. B. QQV119i1C& • In the event subscriber complaints received by the City, or reported to the City by The cable operator as required herein, demonstrate a clear failure to comply with these customer service, installation and outage responsiveness rcquircatcnu in City's sole discretion, the operator may be required to perform quarterly surveys of customers to measure compliance with those requirements. The cable operator shall be required to survey a statistically significant number of subscribers and make inquiries regarding compliance with these requirements. The nature and substance of the inquiries shall be reviewed and approved by City prior to conducting each survey, The results of such surveys shall be provided to City via a written and certified report within 5 days after conduct of such survey. C. Burden of Proof - In the event of a dispute between the City and the cable operator regarding compliance with these requirements, the cable operator shall have the burden for demonstrating compliance. 0 04 -3e -1996 10:16 6125461003 6ERNICK & LIFSON P.04 0 M Communications between cable operator and cable subscribers A. Notifications to subscribers - The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (1) A list of the products and services offered; (2) A list of the prices and options for programming services; (3) A complete copy of the terms and conditions regarding subscription to programming and other services, and regarding service disconnection, bill payment obligations including any administrative or late charges which may accrue, and all other material conditions defining the agreement between the operator and subscribers; (4) A complete copy of installation and service maintenance policies; (5) instructions on how to use the cable service; (6) A list of the channel positions for programming carried on the system; and, () A detailed statement regarding billing and complaint procedures, including the address and telephone number of the cable operator and the City Administrator. Customers must be notified of any changes in rates, Programming services, channel positions, or any significant changes in the information required to be provided in the paragraph above as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. Notwithstanding, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber. ' B. B iliina - Bills must be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. C. R - Refund checks will be issued promptly, but no later than either: (1) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or; (2) The return of the equipment supplied by the cable operator if service is terminated. D. LrAdjQ - Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. V. Late Fees Fees for the late payment of bills shall not accrue until fifteen (15) days after the service has been fully provided and the bill remains unpaid (typically 45 days after initial billing). Such fees shall not exceed the cable operator's actual and demonstrable costs associated with collection of late payments in the City, excluding attempts to recover bad debt and any related legal actions. The City may require the cable operator to annually demonstrate its actual costs related to late payments and may require modification of the late fee charge in order to ensure compliance with this requirement. 4 hCO 04 -30 -1996 10:19 6125461003 BERNICK & LIF60N P.05 VI. Complaints 0 The cable operator shall prepare and maintain complete written records of all complaints received and the resolution of such complaints, including the date of resolution of such complaints. Such written records shall be on file at the office of the cable operator. The cable operator shall provide the City with a written summary of all complaints received and their resolution on a quarterly basis. City may direct the form and the substance of such quarterly reports. VI. Violations Any violation of these requirements shall constitute a violation of the City's Cable Franchise Ordinance, Cad. 95- 131, and shall subject the cable operator to all remedies, penalties, and sanctions provided for therein. CACABI.E9MCHD15W USrSCD l Q � n_1 ��D ARNOLD, ANDERSON & DOVE PROFE590NAL LIMITED LIABILITY PARTNERSHIP 0 DAVID B. ARNOLD' STEVEN A ANDERSON G. BARRY ANDERSON` LAURA K FRETLAND PAULO DOVE" JANE VAN VALKENBURG RICHARD G MCGEE CATHRYN D REHER WALTER P MICHELS III JAMES UTLEY ALSO ADMITTED IN TEXAS AND NEW YORK Mr. Gary D. Plotz Hutchinson City Administrator 111 Hassen Street S.E. Hutchinson, MN 55350 ATTORNEYS AT LAW 1612) 389 - 2214 FAX (612) 389 -5506 METRO LINE 161 2) 545 -6018 RESIDENT ATTORNEY STEVEN A ANDERSON May 6, 1998 Re: City of Hutchinson / Customer Service Issues (Triax Cablevision) Dear Gary: 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 2005 1 4y � J998 Ci : : J, HJ 1 C. A OF COUNSEL ARTHUR DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 1612) 545 -9000 FAX (612) 545 -1793 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 (320) 587 -7575 FAX 1320= 5874096 I'm enclosing herewith for your information a copy of correspondence from Robert J.V. Vose dated April 24, 1998 and the Customer Service Obligations and Standards which I asked Bernick's Office to prepare. I would ask that you place discussion of this matter on the City Council Agenda at our first regularly scheduled meeting in May. As you know, the deadline for completion of the fiber backed system has now expired and Triax is in apparent violation of the requirements of the franchise. This should also be an Agenda item for discussion at the first meeting in May. I think we should treat the Customer Service Standards in so far as the first meeting in May is concerned, as a first reading of the Ordinance because the only changes will be matters of form relative to putting it in our standard format. I will see that task is completed prior to the second meeting in May when the Customer Service Standards will be formerly adopted. Enclosed is a copy of my correspondence to Attorney Jane Bremer which is self - explanatory. Should you have any questions regarding any of these matters, please do not hesitate to contact me. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE P.L.L.P. c ,6 0- / c G 12 G. Barry Andes Attorney at Law GBA:In / Enclosures "CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION b0) -- CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION R7 0T. I13IIED ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON* LAURA K. FRETLAND PAUL O. DOVE" JANE VAN VALKENBURG RICHARD G, McGEE CATHRYN D. REHER WALTER P. MICHELS, III JAMES UTLEY 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 TALSO AOMITTCO IN iL %AA ANO .[W YORK Mr. Gary D. Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Cable Issues Our File No. 3244 -92054 (3 20) 587 -7575 FAX 1320) 567 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON May 5, 1998 M AY b 199& CIT) �)F HUTCHASOI� OF COUNSEL ARTHUR L. DOTEN 5991 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX 16121 5451793 SDI SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (612) 380.2214 FAX (61 2) 399 -5506 Dear Gary: Enclosed please find a copy of the 'official' facsimile transmission from Attorney Vose giving notice to our office and to opposing counsel that the City will be considering customer service standards at its first regularly scheduled meeting May. Please make certain this is on the agenda and include this correspondence and a copy of the proposed standards and the letter from Mr. Vose. I do want to bring to the Council's attention that I have heard nothing from Larkin, Hoffman regarding the status of the rebuild efforts which, according to Council, were to have been completed no later than April 28, 1998. I assume we will hear something by the first meeting in May. Thank you. Best regards. Very truly yours, & DOVE, PLLP G. B" GBA:jm enc. L J 9 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 04 -30 -1998 10:18 • NGL J. SHAPIRO SAUL A. sLRNIGK' TMOMAH n_ORLIOHTON III A. LIPSON OM/IO K. NIOHTINDALL) PAUL J. OUAST Roll J. V. voce WILLIAM S. PORLRLRO' Via facstmtle to 320- 587 -40% and U.S. Mail Mr. G. Barry Anderson, Esq. Arnold, Anderson & Dove 101 Park Place Hutchinson, MN 55350 -2563 April 30, 1998 Re: City o f Hutchinson; Customer Service issues P.01 +wLLO AOMITTL➢ iN WISCONSIN •w CLPTII W TWSLIG ACCOUNTANT • wU' D ACMIT IN FWW.. I-Il ALSISTANT KATHRYN 0, MASTLRMAN Dear Berry: Enclosed please find draft customer service standards as requested by the City. The City may adopt and enforce these customer service standards with respect to Triax. Pursuant to Section 76.309(x) of the FCC's Hiles, the City must provide Triax with ninety (90) days written notice of its intent to enforce the following standards. 47 C.F.R. § 76.309(a). Further, to the extent any of the following rules exceed or are different from the FCC's customer service standards, the City must enact and enforce them as a consumer protection ordinance. 47 C.F.R. • § 76.309(bx3). Although Triax is specifically authorized pursuant to the FCC's rules to agree to enforcement of all of the standards contained herein, we expect that such agreement will not be forthcoming. Accordingly, we recommend that the standards lx enacted as a City Ordinance. We recommend that this be a separate ordinance and not an express amendment to the Franchise (Ord. 95 -131). The customer service standards ordinance should however, supersede the Franchise to the extent inconsistent. We leave the mechanics of such Ordinance enactment to local counsel's discretion and are prepared to provide any assistance requested in this regard. By copy of this Memorandum I ruquest that Ms. Bremer provide me with any comments or questions on behalf of Trim Triax will, of course, have further opportunity to participate and comment publicly as these standards proceed through the ordinance adoption process. Please do not hesitate to contact me with any questions. Yours truly, BERNICK AND LIFSON, P.A. 4W It � u� Robert J. V. Vose Enclosure cc: Ms. Jane E. Bremer, Attorney at Law (w /enc.) Mr. Thomas D. Creighton, Attorney at Law (w /enc.) 8125461003 SMNICK & LIF80N BERNICK AND LIFSON A "09"Ill ASSOCIATION ATTORN MY* AT LAW SALT[ I400, THL GOLONN/.09 SLOO WAYZATA sOULLVARG MINMt POLIS, MINNCSOTA SSaIC-14TO TCLICIII Isla) SAS-g00 f..I MILL I4ISI —R-,OOA 0\1C ABLa1Y1t q D(j RESOLUTION NO. 11021 • 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 locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes that a traffic control device known as a "No Parking" i sign shall be erected at the following location: On the south side of Century Avenue, 50 feet either side of the Ridgewater College entrances Adopted this 26th day of May, 1999 by the City Council of Hutchinson, Minnesota. Mayor - Marlin Torgerson City Administrator - Gary D. Plotz I SHOAT -TEAM 150_00 LII Hn�nnonl�y M.II isx . MM11Lil sn.. w . RETAIL "ON SALE" • Otate of $NCinnezota, COUXTY OF...._..._McLeod To the ... CitY.Council .. _ ......... _. of the..... City ........._... _............ ...Hutchinson ................. _ ............._. .......... _........ ._................. ................... ._ .... State of Minnesota: at McLeod Countv Fair rounds for Rodeo hereby appl......._...I- a license for the term of- Na--Days .. - ...,litl}_ .1.7L�md„ 1 _�[h 1998 .__..__._._..._.... from the ._._.... _....__. ._.__.._.._..day of_.....— 18 to all At Retail Only, Non - Intoxicating Malt LigooM w the same are defined by lard, for covamption "ON" these certain premises in ths......___...__.._._ ---__..._._.- ---------- ..,_.........__, ... _,_.... City.._....._._._...........sf dewribed w follows, I&wa:__.... ,...._........_._....—...__ ............ ...... _.__...—...._.._....__ '_'--......— ..... _._---- -._.._. at which place sold applteant._apernte_ .... the business 0 and to that and represent..._ and date..._w follows: That said applicant..__...._.is._ a.._....__. — ._._..�itisen........of the United SkAse; of Qood moral eharadl and repute; and ha..._.. _.attained the ape of 21 yeas; that____ ....... _ propnetor....._.of the establishment Jar which the license will be imue l if this application is granted. That no manufacturer of such non ntoxwatlnp malt Uquam has any ownwvhip, m whole or in past, in said bwiness of said applicant..._ or any inteseat therein; That said applicant.....moke._.1hi, application purmant and subject to all the law of the State of Af ial L emot a and the mettnaneee and refulaticme of appllcable.thereto, which are hereby made a part hereof, and hereby alrns__to oba and obey the same; IHw� ruY V4 ned�a H w. d b�l nfdrlad Recommend approval with restrictions and requirements as in the past. Driver's License S.D. to be required for purchase. Steve Madson, Police Chief Each applicant further states that --he is not now the holder of, nor has --he made application for, nor does --he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. PAID MAY 61998 City ofHu lchinson Doted ..... ... ..... =__C.J _ ..... I8 0 M E M O R A N D U M �SFITl�� =fi1I1 '• .- - � �• • -._ a - � Attached is a listing of the delinquent water and sewer accounts • for the month of April. Recommend service be discontinued on Monday, June 1, 1998, at Noon. j�, Report Listing 21 -MAY -1998 (14:37 ------------------------------------------------- ---------------------- --- - - -- -- 1- 80- 0644 -0903 1- 480 - 0706 -0403 J WENISCH BRENT UECKER 64 HASSAN ST SE 706 HASSAN ST SE HUTCHINSON MN 55350- HUTCHINSON MN 55350- 644 HASSAN ST SE 706 HASSAN ST SE 56.79 173.62 45.56 128.96 1- 480 -0830 -0304 1 -480- 0840 -0102 TOM MOSES DEBORAH SYVERSON 830 HASSAN ST SE 840 HASSAN ST SE HUTCHINSON MN 55350- HUTCHINSON MN 55350- 830 HASSAN ST SE 840 HASSAN ST SE 28.92 104.44 21.76 111.45 1 -550- 0736 -0302 1- 570- 0015 -0102 RON WIBSTAD LEE /MARY CHENEY 736 IVY LN SE 15 JEFFERSON ST SE HUTCHINSON MN 55350- HUTCHINSON MN 55350- 736 IVY LN SE 15 JEFFERSON ST SE 30.19 92.17 21.16 128.08 1 -570- 0234 -0601 570 - 0574 -04 MABEL BASEMAN NE WEGNE 234 JEFFERSON ST SE 5XEF ON ST SE HUTCHINSON MN 55350- HMN 55350 - 2EFFERSON ST SE 5ON ST SE 2 71.90 4 1 66.99 • Report Listing 21- MAY -1998 (14:40 ---------------------------------------------------- ---------------- ---- --- -- - --- 1 -090- 0317 -0701 CLIFF ROIGER 317 5TH AVE SW HUTCHINSON MN 55350- 317 5TH AVE SW 82.06 1- 270 - 0706 -0803 DAVID JAHN 706 BROWN ST SW HUTCHINSON MN 55350- 706 BROWN ST SW 64.82 1- 395 - 0587 -0201 DAVID JENSEN 587 FRANKLIN ST SW HUTCHINSON MN 55350- 587 FRANKLIN ST SW 71.06 1- 395 - 0625 -0603 RONALD MCGRAW 625 FRANKLIN ST SW HUTCHINSON MN 55350- 625 FRANKLIN ST SW 86.81 1- 420 - 0125 -0002 DAN SALAS 125 GLEN ST SW HUTCHINSON MN 55350- 125 GLEN ST SW 81.90 1 20- 0561 -0104 JER Ay 561 G N W HUTCHI N MN 55350- 561 EN SW 17 .53 1- 455- 0725 -0202 BEV KOSEK 725 GROVE ST SW HUTCHINSON MN 55350- 725 GROVE ST SW 57.09 1 -575- 0968 -0304 SHELDON CROUSE 968 JORGENSON ST SE HUTCHINSON MN 55350- 968 JORGENSON ST SE 98.63 1- 265- 1066 -0702 KENNETH SITZ 1066 BRADFORD ST SE HUTCHINSON MN 55350 - 1066 BRADFORD ST SE 229.93 192.31 355.34 1 -290- 0216 -0704 DENNIS NEPSUND 216 CEDAR AVE NW HUTCHINSON MN 55350- 216 CEDAR AVE NW 178.59 86.81 228.63 1- 395 - 0606 -0902 NOELLE LAABS 606 FRANKLIN ST SW HUTCHINSON MN 55350- 606 FRANKLIN ST SW 201.81 82.06 218.42 1- 395 -0725 -0502 TERRY SELLE 725 FRANKLIN ST SW HUTCHINSON MN 55350- - 725 FRANKLIN ST SW 250.53 134.06 365.20 1- 420- 0530 -0903 RODANN ANDERSON 530 GLEN ST SW HUTCHINSON MN 55350- 530 GLEN ST SW 245.90 74.18 204.53 1- 420 - 0727 -0203 NEIL KARELS 727 GLEN ST SW HUTCHINSON MN 55350- 727 GLEN ST SW 443.84 54.17 149.24 1- 455 - 0845 -0705 DEBBIE HICKLER 845 GROVE ST SW HUTCHINSON MN 55350- 845 GROVE ST SW 167.59 93.87 257.91 1- 685 - 0506 -0903 DOUGLAS WINN - 506 MAIN ST S HUTCHINSON MN 55350- 506 MAIN ST S 264.87 93.14 440.39 A i Report Listing 21 -MAY -1998 (14:45 -------------------------------------------------- ------------------- ----- --- --- 2- 35- 0503 -0704 2- 070 - 0745 -0105 SOY MICHAELS DONOVAN BOETTCHER 3 YNN RD 745 4TH AVE SW HUTCHINSON MN 55350 HUTCHINSON MN 55350- 503 2ND AVE SW 745 4TH AVE SW 80.42 289.06 43.14 170.59 2- 310 - 0934 -0202 2- 345- 0805 -0705 WM HERDINA DAVE GRAF 934 CHURCH ST SW 805 CRAIG AVE SW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 934 CHURCH ST SW 805 CRAIG AVE SW 66.67 283.30 50.31 243.21 2- 350- 0505 -0201 2- 440 - 0550 -0802 RICHARD MATTSON ALVIN BAUNE 505 DALE ST SW 550 GRAHAM ST SW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 505 DALE ST SW 550 GRAHAM ST SW 31.33 128.33 48.92 190.37 2- 465 - 0516 -0109 2- 465 - 0626 -0801 JOSEPH PHELPS CHRIS JOHNSON 516 HARMONY LN SW 626 HARMONY LN SW HUTCHINSON MN 55350- HUTCHINSON MN 55350 - 5*ARMONY LN SW 626 HARMONY LN SW 1 149.90 38.71 155.92 2- 470 - 0715 -0301 2 -555- 0508 -0201 E DUESTERHOEFT MARTIN TOWLE 715 HARRINGTON ST SW 508 JACKSON ST SW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 715 HARRINGTON ST SW 508 JACKSON ST SW 39.99 159.51 48.92 203.79 2- 555 - 0530 -0401 2 -555- 0545 -0703 ANGELA BIEHLER BRIAN HOMAN 530 JACKSON ST SW 545 JACKSON ST SW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 530 JACKSON ST SW 545 JACKSON ST SW 33.51 137.57 56.79 234.98 2- 670- 0400 -01U9 2 -670- 0585 -0804 JOHN SANDAHL ROBERT STONE 400 LYNN RD SW 585 LYNN RD SW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 400 LYNN RD SW 585 LYNN RD SW 44.98 183.66 54.96 208.30 2 - 0406 -0701 2- 725- 0765 -0506 B. GEIRSDORF GORDON STOWELL 406 MERRILL ST SW 765 MILWAUKEE AVE SW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 406 MERRILL ST SW 765 MILWAUKEE AVE SW 41.04 175.99 62.16 254.60 Report Listing 21- MAY -1998 (14:45 ------------------------------------------------- ------- --- --------- -- ---- - -- - -- 2- 805- 0340 -0202 MARK HOFMEISTER 340 EAST PISHNEY LN SW HUTCHINSON MN 55350- 340 EAST PISHNEY LN SW 42.43 216.79 2 -830- 0570 -0203 MIKE JOHNSON 306 NORTH RAMSEY LITCHFIELD MN 55355- 570 ROBERTS ST SW 43.14 168.92 • 0 Report Listing 21 -MAY -1998 (14:09 ------------------------------------------------- ---- ---- -- ------ ------ --- - --- -- 3- 015 - 0421 -0808 3- 030 - 0646 -0802 C #N BRYGGER JACK KRIPPNER 42 1ST AVE SE 646 2ND AVE SE HUTCHINSON MN 55350- HUTCHINSON MN 55350- 421 1ST AVE SE 646 2ND AVE SE 40.06 122.55 29.04 131.54 3- 045 - 0605 -0010 3- 060 - 0105 -0503 JAMIE BORJON KEVIN NORDBERG 605 3RD AVE SE 105 4TH AVE NW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 605 3RD AVE SE 105 4TH AVE NW 48.13 153.61 51.91 158.56 3- 060 - 0126 -0002 3- 060 - 0183 -0003 TWIN CITY TJ S INC DENNIS MCCUTCHEN 4711 CLARK AVE 183 4TH AVE NW WHITE BEAR LAKE MN 55110- HUTCHINSON MN 55350- 126 4TH AVE NW 183 4TH AVE NW 121.88 377.29 41.04 124.15 3- 075 - 0145 -0003 3- 075 -0215 -0502 SCOTT PALUBESKIE JOHN OUADE 145 5TH AVE NE 215 5TH AVE NE HUTCHINSON MN 55350- HUTCHINSON MN 55350- 1 4TH AVE NE 215 5TH AVE NE 31 96.78 26.97 80.29 3- 075 - 0237 -0901 3 -130- 0136 -04 PETE MERKINS ES WILL E 237 5TH AVE NE 136 VE NE HUTCHINSON MN 55350- HUTC S N 55350- 237 5TH AVE NE 1 11TH AVE 44.98 142.16 0.46 215.56 3- 130 - 0156 -0902 3- 150- 1140 -0101 GENE JUTTING ROBERT BASEMAN 156 11TH AVE NE 1140 13TH AVE NW HUTCHINSON MN 55350- HUTCHINSON MN 55350- 156 11TH AVE NE 1140 13TH AVE NW 59.94 184.51 70.93 206.51 3- 210 - 0145 -1402 3- 210- 0325 -1602 DIANE JANKOWSKI SHERI BETHKE 145 ADAMS ST SE 325 ADAMS ST SE HUTCHINSON MN 55350- HUTCHINSON MN 55350- 145 ADAMS ST SE 325 ADAMS ST SE 46.50 141.93 51.02 170.50 3- - 0326 -0701 3 -210- 0346 -0301 D S GREGOR WILLIAM LUECK - 326 ADAMS ST SE 346 ADAMS ST SE HUTCHINSON MN 55350- HUTCHINSON MN 55350- 326 ADAMS ST SE 346 ADAMS ST SE 57.69 178.90 66.03 205.10 Report Listing 21 -MAY -1998 (14:09 ------------------------------------------------- ------- ---- --- --------- --- - -- -- 3- 210 - 0551 -0303 MICHAEL KEELER 551 ADAMS ST SE HUTCHINSON MN 55350- 551 ADAMS ST SE 54.86 3-234,-0628-08 DE NI ETZ 628 ASH NE 628 ASH ST NE 5350- 3- 275 - 0510 -0506 JASON KNACKE 510 CALIFORNIA ST NW HUTCHINSON MN 55350- 510 CALIFORNIA ST NW 146.05 3- 375- 0744 -0201 JIM MASSMANN PO BOX 52 HUTCHINSON MN 55350 744 ELM ST NE 52.19 3- 415 - 0430 -0303 TAMI BARATTA 430 GLEN ST NW HUTCHINSON MN 55350- 430 GLEN ST NW 39.52 3 -505- 0251 -0002 DIANE BERRY 251 HWY 7E HUTCHINSON MN 55350- 251 HWY 7E 48.03 3- 535 - 0425 -0501 JUDY KOPESKY BOX 606 HUTCHINSON MN 55350- 425 HURON ST SE 27.39 3- 600 - 0430 -0808 RANDY ROUSH 430 KOUWE ST NW HUTCHINSON MN 55350- 430 KOUWE ST NW 43.14 3- 210- 0631 -0704 TAMMY BARNES 631 ADAMS ST SE HUTCHINSON MN 55350- 631 ADAMS ST SE 168.86 49.25 165.75 3- 250 - 0305 -0301 SORENSEN FARM SUP BX 489 HUTCHINSON MN 55350- 305 BLUFF ST NE 120.96 18.70 56.65 3- 330 - 0219 -0208 RACHAEL VANDERHAGEN 219 COLLEGE AVE NE HUTCHINSON MN 55350- 219 COLLEGE AVE NE 284.10 23.84 70.38 3- 380 - 0446 -0603 CHRISTINE FOX 446 ERIE ST SE HUTCHINSON MN 55350- 446 ERIE ST SE 154.78 61.22 185.23 3- 435- 0920 -0602 JEFF BORKENHAGEN 920 GOLF COURSE RD NW HUTCHINSON MN 55350- 920 GOLF COURSE RD NW 121.92 43.30 135.24 3- 530- 0712 -0201 VINCE JAHNER 712 HILLTOP DR NE HUTCHINSON MN 55350- 712 HILLTOP DR NE 133.27 26.57 668.35 3- 535 - 0426 -0402 DAVID HELDT 426 HURON ST SE HUTCHINSON MN 55350- 426 HURON ST SE 83.85 47.08 139.00 3- 680 - 0442 -0703 DARRELL BECKER - 442 MAIN ST N HUTCHINSON MN 55350- 442 MAIN ST N 125.92 39.21 117.28 0 • Report Listing 3- 0- 0725 -0504 L" MAYER PO OX 364 LAFAYETTE MN 56054- 725 MAIN ST N 33.92 3- 680- 0877 -0101 SHARON SAUTER 877 MAIN ST N HUTCHINSON MN 55350- 877 MAIN ST N 44.04 3- 705 -0046 -1613 KIM THOMPSON 46 #2 MCLEOD AVE NE HUTCHINSON MN 55350- 46 #2 MCLEOD AVE NE 30.19 3- 745 - 0126 -0306 DAVE HUNSTAD 126 NORTH HIGH DR NE HUTCHINSON MN 55350- 1VORTH HIGH DR NE 8 3- 765 - 0615 -0605 MARC WILLIAMS 615 OAK ST NE HUTCHINSON MN 55350- 615 OAK ST NE 44.04 3- 800 - 0575 -0102 RODNEY MARKGRAF 575 PETERSON CIR NE HUTCHINSON MN 55350- 575 PETERSON CIR NE 75.69 3- 855 -0625 -0501 ERIC MOORE 625 SCHOOL RD NW HUTCHINSON MN 55350- 625 SCHOOL RD NW 69.51 3: -1390m0301 GF� ON 1359 W OD RD NW HUTCH SON 5350- 1359 ESTWOOD RD 52. 0 170.08 139.21 130.02 96.60 233.73 130.02 243.11 224.65 3- 680 -0735 -1101 TODD MEYER 735 MAIN ST N ON HUTCHINSON MN 55350- 735 MAIN ST N 47.30 3- 680- 1201 -0603 RICK'S CASTAWAY 1201 MAIN ST N HUTCHINSON MN 55350- 1201 MAIN ST N 23.84 3 -745- 0116 -0504 MARY GIVENS 116 NORTH HIGH DR NE HUTCHINSON MN 55350- 116 NORTH HIGH DR NE 59.80 3- 755- 0400 -0704 BUTCH IRVIN 400 NORTHWOODS AVE NE HUTCHINSON MN 55350- 400 NORTHWOODS AVE NE 73.92 3- 795 - 0105 -0701 TOM CARRIGAN 105 PAULS RD NE HUTCHINSON MN 55350- 105 PAULS RD NE 59.79 3- 815- 0595 -0001 JAMES MORAN 595 PROSPECT ST NE HUTCHINSON MN 55350- 595 PROSPECT ST NE 57.69 3- 870 -0707 -0701 JEFF HART 707 SHADY RIDGE RD NW HUTCHINSON MN 55350- 707 SHADY RIDGE RD NW 73.03 21- MAY -1998 (14:09 ON 142.63 430.51 176.12 232.34 188.48 175.93 220.10 ACCI'NU BillingNam BILLINGN BILLINGS BLANK CITY STATE ZIP SITENUM SITESTRE Blank AMOUNT MBER e UMBER TREET BER ETAD DUE 1 -035- David PO Box Winthrop MN 55396 121 1st Ave SE 69.42 0106 -0704 Suess 393 1 -455- Nickole PO Box Hutchinson MN 55350 613 Grove St 30.20 0613 -0702 Lindburg 492 SW 2 -585- Daniel 421 School Rd Hutchinson ' MN 55350 605 Juul Rd SW 94.33 0605 -0802 Penk NW 3 -210- Sbellie 105 Adams St Hutchinson MN 55350 105 Adams St 255.74 0105 -0408 Amelsberg SE SE i 'a RESOLUTION NO. 11013 RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS BROLL'S SECOND ADDITION WHERE AS, Mr. David Broll, has submitted an application for approval of a preliminary and final plat to be known as BROLL'S SECOND ADDITION of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod County, to- wit; Legal Description: Lots 1 through 15, Block 1, Broll's Second Addition (Tract B Registered Land Survey No. 28 files of the Registrar of Titles, County of McLeod MN) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said preliminary and final plat of BROLL'S SECOND ADDITION is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota, subject to the following conditions: a) A blanket easement is required for the property. b) Staff is to amend the Comprehensive Plan to include a 400' transitional zone of low density (R- 1/R -2) East of Sherwood Street and South of Orchard Ave. single family development. C) A 30' front setback is required. BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 26th day of May, 1998. ATTEST: Gary D. Plotz City Administrator i Marlin Torgerson Mayor 4 C Hutchinson Citv Center Ill Hassan Street SE Hutchinson. MN 55350 -2522 320 - 587- 515lfFax 320.231 4240 MEMORANDUM DATE: May 21, 1998 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary plat. HISTORY On March 31, 1998, David Broll, submitted a preliminary plat of BROLL'S SECOND ADDITION located south of Orchard Avenue S.E. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at which time there were neighboring property owners objecting to the request. FINDINGS OF FACT 1. The proposal is compliant with the Comprehensive Plan. Note: Broll's original twin home development is zoned R -3 and Village Cooperative is zoned R -4 2. The required application and plat maps were submitted the appropriate fee paid. 3. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 9. 1998. _ 4. Director of Engineering, John Rodebe% will submit certification that the proposed preliminary and final plat meets all the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data. 5. Staff demonstrated the site will accommodate 14 twin homes (7 structures) 6. The affect to Century Avenue is minimal. Century Avenue pedestrian path will begin construction in 1999/2000. RECOMMENDATION DENIAL _ APPROVAL X (52 split decision with staff recommendation and following terms and conditions) CONDITIONS: I. A blanket easement is required for the property 2. Staff was directed to amend the comprehensive plan to include a transitional zone of low density (R- I/R-2) on the south side of Orchard Avenue. 3. A 30' front setback is required. CON SIDERATIONS/DIRECTI V ES Respectfully submitted. Dean Wood, Chairman Hutchinson Planning Commission 0 Premed un recydM paper- PREIMINARY PLAT — A _ 4 —j i -F— l� T / 1J� � i 'yk-�f;} A i Y3 a µr yE 3 L O C K 1 d A ai 1 1 1 ' F i � i � h y `wA�o A I ORCHARD AVENUE S.E. "" " y � " 10N0 y �' LSMOR 9UM M O/� Yf O [ � - 1� �A.^ . . 1 — Y�ai.� .owe 1� 16 01%4 =1 g'LO C Kk NOM d �ay � 88 $ g . sl mot' ,d X ROM ., 33 X 30.N 20 s8 $4.�2 8g 8g 8 8 4 1 38.33 35.36 1 A33 355 8 Ott Y � � A]] r L3 73 l ' X]] X33' �• \ 133 35.33 30.33 X33 X04 �3633� X33 X33 ] }33 8 8 s8 $4.�2 8�$ 8 10 X33 1 38.33 35.36 1 A33 355 20 3133 8, 12$_13 8 Ott Y � � A]] r L3 73 l ' X]] X33' 90"W t s ROM 16� ONE gym? a $ 1�] �AQD'.' �rx� v w � .. m '. 1 rN�N as r 1 1� F 1 C . • ORCHARD s AVENUE E > �� s a r,T .a,, a • 1N1j1 —Imi 1.ao + • ' /r ' 1 Ida31 leeai - - -+ -- $ 8-, -\ t 2 a Iail s s 1l1 >'�l a r s to t t g ' 113• ,'ii Ny .I \ _ xM >a ' i ri ai I xs1/ x» ` .0m z ti wwmaai O N' / A C,� 1 ,066 ' Noca' t l . �- - Ioss ts`, NR/ I lou \ 4 \ • ... — .low l __, �� 1061 Nis x060 - ------------ 1 \ r► 1 I � ��\ 1 1 1 1 , O-W 141 1 Petition 40 0 The following Hutchinson residents are opposed to the rezoning of Broil's second addition to allow for the construction of three five plex units. Rationale for opposing this development: 1. Additional high density housing constructed in this area will generate unwanted increased traffic on an already congested 2. Additional traffic generated by high density housing will create hazards for the youth and general public using Elk's Park which is located less than a block away from the proposed building site. 3. The development of additional high density housing has the potential of decreasing the value of adjacent residential properties. The legal description of the property is as follows: Lots 1 through 15, Block 1, Broil's 2nd addition (Tract B registered land survey no. 28 file of the registrar of titles, county of McLeod Minn.) Name A ddres s S ignature d g VA S,t, 0 C G%n.L.� SS` 'due � � / J r-c in Petition The following Hutchinson residents are opposed to the rezoning of Broil's second addition to allow for the construction of three five plex units. Rationale for opposing this development: 1. Additional high density housing constructed in this area will generate unwanted increased traffic on an already congested,,fvenue. G w `1 2. Additional traffic generated by high density housing will create hazards for the youth and general public using Elk's Park which Is located less than a block away from the proposed building site. 3. The development of additional high density housing has the potential of decreasing the value of adjacent residential properties. The legal description of the property is as follows: Lots 1 through 15, Block 1, Broil's 2nd addition (Tract B registered land survey no. 28 file of the registrar of titles, county of McLeod Minn.) Name Address Signature • Petition • • The following Hutchinson residents are opposed to the rezoning of Broll's second addition to allow for the construction of three five plex units. Rationale for opposing this development: 1. Additional high density housing constructed in this area will generate unwanted increased traffic on an already congested avenue. a 2. Additional traffic generated by high density housing will create hazards for the youth and general public using Elk's Park which is located less than a block away from the proposed building site. 3. The development of additional high density housing has the potential of decreasing the value of adjacent residential properties. The legal description of the property is as follows: Lots 1 through 15, Block 1, Broll's 2nd addition (Tract B registered land survey no. 28 file of the registrar of titles, county of McLeod Minn.) Name Address /J( s 130 xQ *,r se . ac Jeck kvq s� Id Le s s47) Ave s►C J�I W. 4�J Nie- ,rti Av SF' cc - vt n, non k e sic 0 -�v LI �. 0 L� Hutchinson Citv Center C 111 Hacsan Street SE Hutchinson, 6IN 553502522 320587- 51511Fa 320234 -4240 MEMORANDUM DATE: May 21, 1998 TO: Hutchinson City Council FROM: Hutchinson Plannin¢ Commission SUBJECT: CONSIDERATION OF REZONING REQUEST BY DAVID BROLL TO REZONE PROPERTY FROM R- I TO R -3 LOCATED ON ORCHARD AVE SE. Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On March 31, 1998, David Broil submitted a request to rezone property from R -1 to R -1 located on Orchard Avenue S.E. A hearing was held at a regular meeting of the Planning Commission on Tuesday, May 19, 1998, at that time there were neighboring property owners present objecting to-the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 7, 1998. 3. It was the consensus of the Planning Commission that the request be granted. RECOMMENDATION DENIAL APPROVAL X (with staff recommendation and following terms and conditions) CONDITIONS: Staff was directed to amend the Comprehensive Plan to include a 400' buffer of density (Single & two family) zoning east of Sherwood Street, south of the Orchard Avenue single family district. CONSIDERATIONS/DIRECTIVES Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission ft n,, l on rccWd d p: r,, - `r F Map RESOLUTION NO. 11014 • RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT UNDER SECTION 8.06 OF ZONING ORDINANCE NO. 464 REQUESTED BY DAVID BROLL TO CONSTRUCT THREE 5 -PLEX UNITS LOCATED IN BROLL'S SECOND ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. David Broll, has made application to the City Council for a Conditional Use Permit under Section 8.06 of Zoning Ordinance No. 464 to place to construct three 5 -plex units located in Broil's Second Addition, with the following legal description: LEGAL DESCRIPTION: Lots 1 through 15, Block 15, Broil's Second Addition (Tract B Registered Land Survey No. 28 files of the Registrar of Titles, County of McLeod, MN 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 The application for the Conditional Use Permit for the purpose designated is granted based on the findings set forth above noting association agreements will address parking restrictions of recreational vehicles. Adopted by the City Council this 26' day of May, 1998. ATTEST: Gary D. Plotz City Administrator is Marlin D. Torgerson Mayor y U. r 0 Hutchinson Citv Center 111 Hassan Street SE Hutchinson, bIN 55350 -2522 320- 587.5151 /Fax 320 - 2341240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Plannin¢ Commission DATE: May 21, 1998 SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUE BY DAVID BROLL TO CONSTRUCT THREE 5- PLEX UNITS IN A R -3 ZONING DISTRICT LOCATED ON ORCHARD AVENUE S.E. Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On March 31, 1998, David Broil submitted an application for a conditional use permit to construct three 5 -plex units in Broil's Second Addition. 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 at the Hutchinson Leader on Thursday, May 7, 1998. 3. The proposal is in conformance with the requirements of a conditional use permit_ RECOMMENDATION DENIAL APPROVAL X (with staff recommendation and following terms and conditions) CONDITIONS: Association agreements will address parking restrictions of recreational vehicles. CONS IDERATIONS/DIRECTI V ES: TERMS: City reserves the right to review all conditional use permit at their discretion. Respectfully submitted. 0 Dean Wood, Chairman Hutchinson Planning Commission Pnnl d on mc,cicd paper- —J --�— _ Was IT �T.wl �' � �� - ORCFIARD r AVENUE E > •'� > > > > > — ` Y �� ttl 8 S 1 2 t.m 4 S ,S = f f 10� 1 11 - p4l /`11 \ \ xa aau >azs two a .>. 1 v/ W3 A C tou :\ !� v B 1 ` I 1 �. osa QGy p f Os't \ `\ 1 \ \\ .t '' I \ 061 .' 10�' \\ \ \\ \ 1 I 1 1 a,sss 1�'' l 1 Hutchinson Citv Center 0 J 111 Hawn Street SE Hutchinson. ,IN 55350.2522 320- 587.51511Far 320.234 -0240 MEMORANDUM DATE: May 21, 1998 TO: Hutchinson City Council FROM: Hutchinson Plannin¢ Commission SUBJECT: CONSIDERATION OF REZONING REQUEST BY TONY GIKAS TO REZONE PROPERTY FROM C -4 TO C -2 LOCATED AT 1115 HWY 7 WEST (TOM THUMB PROPERTY). Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On April 15, 1998, Tony Gikas submitted a request to rezone property from C -4 to C -2 located at 1 115 Hwy. 7 West (Tom Thum5 Property). A hearing was held at a regular meeting of the Planning Commission on Tuesday, May 19, 1998, at that time there were no neighboring property owners present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 7, 1998. 3. It was the consensus of the Planning Commission that the request be granted. 4. The site remains nonconforming in depth by 6' vs. 26'. RECOMMENDATION DENTAL APPROVAL X (with staff recommendation and following terms and conditions) CONDITIONS: CONSIDERATIONS/DIRECTIVES Respectfully submitted, Dean Wood. Chairman Hutchinson Planning Commission pmwd nn ¢gded paper - q H. o6 0 7 8 9 t 3 Z BLOCK 1 LANE NW fig{ & 7 d� 3 4 5 o s 2 113 0 0 r SORENSEN'S 3 ADDITION i -� JNK tk*l HUTCHINSON COUNTRY CLUB TERRACE 0 11 N'� NO' � , J H s z 0 ■ y = 7 0 2 11 8 F 2. C 0 Hutchinson Citv Center 111 Ha£vnn Street SE Hutchin n. MN 55350-2522 320.587- 515]/F" 320-234 -4210 MEMORANDUM DATE: May 20, 1998 TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT OF THE NORTH 20 FEET OF EXISTING BUILDING TO THE NORTH END OF THE PROPERTY LINE LOCATED AT 1115 HWY 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY G I KAS = r� U Planning Commission recommends approval of the request by Mr. Tony Gikas for the lot split of property located at 1115 Hwy. 7 West. u Primed nn recycled paper - - frt 0 se see" 7090 W w we WWAM b assessed PeseeL GleCPWrr= etelnf LY Pepe TY pes1 st she s es alrrwr ef *r X Ter se 111" • a" m Yleed cne'46 sft M asserted M c".." a see ref M Yre.sar w he let r M W w se tsa rress s end s d ta! M sasses Y r errs lyeset lee T oe p esrwrY ebar W rtes Y 10000 Yes w n sear a s* 0 e n N tee esrw e . A auessee r ernseslu seed a .M lr r e M W esesnru wets • eswws a w9r9 lases 04000 2 e "W Yrr�p mb set Ann . w Ins' 0 . I'm " M lw< Id a se star mwu m de rdlb en W Y . etas. M 01 auto fs le W sees r rases 111 been , W errs r a . bw. M auto se seems, hMwYe been r sses� 14000 tr "" w n rMes w lesw.q puAr.rr err err r lesnesY 4900fat aYe. Nesp w r e�esrs a esetr presser «...r r esnr se sw1MY 0.00 fWr Ib wrwnr Iwa01M. IY r.illbaYeslr IwOD r r Y Mwrry 100 lest rf wr rtesp /waD few K A• prelerlesb au.e.d peswL 200.15 s Per POW O N\G NW LAND SURVEYM HLrrCHWMM MN 1 O 1J JO /AJ JLI /I /0 100 • Denotes Iron monment found O Dandies Yon monument set I hereby certify that this Survey. Plan or Report was prepared by tM or under sly direct supervision and that I aot a duly Ilc.nead Land 8urveyer under the loess of the State of Minnesota. Jlfmiy Reusch Date: ! � y LIC. No.?11929 JOB N0. 90066A BK P -216 PO 57 RESOLUTION NO. 11015 RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY MR. ANTHONY GHCAS TO REDUCE LOT DEPTH 6' LOCATED AT 1115 HWY 7 W BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Anthony Gikas, has applied for a variance from Section 6.04 of Zoning Ordinance No. 464 to reduce lot depth from 150' to 144' located at 1115 Hwy 7 W, with the following legal description: Legal Description: That part of the Southwest Quarter of Section 36, Township 117, Range 30, McLeod County, Minnesota, described as: Commencing at the point of intersection of the East line of said Southwest Quarter with the center line of State Highway No. 7; thence southwesterly along said center line 100.00 feet to the point of beginning of the parcel herein described: thence Northerly, parallel with the East line of said Southwest Quarter, a distance of 440.93 feet; thence Westerly, deflecting to the left 90 degrees 00minutes, a distance of 204.15 feet; thence Southerly parallel with said East line a distance of 517.39 to said center line; thence Northeasterly along said center line a distance of 218.00 feet to the point of beginning. Subject to an easement for roadway purposes over and across the Easterly 60.00 feet thereof. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the • public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CONCLUSION The application for the variance for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 26th day of May 1998. • ATTEST: Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor i C Hutchinson City Center 111 Ha n Street SE Hntchln n. NIN 55350 -2522 320. 587- 5151lF" 320 - 234.4240 MEMORANDUM DATE: May 21, 1998 TO: Hutchinson Citv Council FROM: Hutchinson Planning Commission SUBJECT: HISTORY On April 23, 1998, Mr. Anthony Gikas submitted an application for a variance to reduce the lot depth from 150' to 144' located at 1115 Hwy 7 West. A hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at which time there was no one present objecting to the request. FINDINGS OF FACT _ • 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 7, 1998. 3. The site remains nonconforming in depth by 6' vs. 26'. RECOMMENDATION DENIAL _ APPROVAL x (with staff recommendation and following terms and conditions) CONDITIONS: 1. The registered land survey with legal property description show a 10' easement around the perimeter of each lot. CONSIDERATIONS/DIRECTIVES: TERMS: City reserves the right to review all conditional use permits at their discretion. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission 0 Pnmed an recyded paper - L.{ P ursuan t to Section 6.04, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. 0[SCRrtoR eW"XY PMICTL Taw Nr M low sands Chars sr w 3416 )sweet 111. 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No.2N329 JOB N0. SOMA SK P -216 PG 57 RESOLUTION NO. 11016 RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT UNDER SECTION 8.05 OF ZONING ORDINANCE NO. 464 REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE TO CONTINUE SCHOOL OPERATION IN THE FORMER BETHANY BAPTIST CHURCH LOCATED AT 800 GROVE ST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Crow River Special Education Cooperative, has made application to the City Council for a Conditional Use Permit under Section 8.05 of Zoning Ordinance No. 464 to continue school operations in the former Bethany Baptist Church located at 800 Grove St. , with the following legal descriptions: LEGAL DESCRIPTION: Lots 1, 2, 19 and 20 Block 1, Anderson's Subdivision, south one -half City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for the Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to the following conditions: ✓ Fire inspection required ✓ Permit subject to a two -year review Adopted by the City Council this 26th day of May, 1998. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor J ' C Ll TO: Hutchinson City Council Hutchinson Citv Center 111 Ha n Street SE Hutchimon. VN 55350-2522 320. 587.5151 1Fax 320.234 -4240 MEMORANDUM DATE: May 20, 1998 FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE TO CONTINUE TO USE AS A PUBLIC SCHOOL AND RESIDENCE FOR THE OWNER THE PROPERTY LOCATED IN A R -2 DISTRICT AT 800 GROVE STREET S.W. Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On April 15, 1998, Crow River Special Education Coop submitted an application for a conditional use permit to use as public school and residence for the owner the property located in a R -2 district at 800 Grove Street S.W. FINDINGS OF FACT - l. The required application was submitted and the appropriate fee paid. ' 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 7, 1998. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION DENIAL APPROVAL X (with staff recommendation and following terms and conditions) CONDITIONS: I. Approval contingent upon fire inspection. 2. Permit subject to a two-year review. CONSIDERATIONS/DIRECTIVES: TERMS: City reserves the right to review all conditional use permit at their discretion. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission �J Printed on rec cded paper- q Is— RESOLUTION NO. 11019 • RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT SUBMITTED BY BILL GILK TO BE KNOWN AS ISLAND VIEW HEIGHTS THIRD ADDITION WHEREAS, Mr. Bill Gilk, has submitted an application for approval of a preliminary and final plat to be known as ISLAND VIEW HEIGHTS THIRD ADDITION of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod County, to -wit; Legal Description: Outlot B, ISLAND VIEW HEIGHTS THIRD ADDITION, according to the plat thereof on file and of record in the office of the McLeod County Recorder, McLeod County, Minnesota BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That said preliminary and final plat of ISLAND VIEW HEIGHTS THIRD ADDITION is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota subject to the following conditions: ✓ Verify that Lot I has a 60' width at building placement and setbacks will be maintained. - C BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 26th day of May, 1998. • ATTEST: Gary D. Plotz Marlin Torgerson City Administrator Mayor Ll K Hutchinson Citv Center • tll Hacvnn Stmt SE Hutchi�n, h1N 55350.2522 320 - 587- 5151/Fe 320- 2344240 MEMORANDUM DATE: May 21, 1998 TO: Hutchinson Citv Council FROM: SUBJECT: Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary plat. HISTORY On April 30, 1998, Bill Gilk, submitted a preliminary and final plat of ISLAND VIEW HEIGHTS 3 ADDITION. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at which time there were no neighboring property owners objecting to the request. • FINDINGS OF FACT 1. The required application and plat maps were submitted the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 7, 1998. 3. Director of Engineering, John Rodeberg, will submit certification that the proposed preliminary and final plat meets all the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data. 4. Density is reduced from 33 to 20 units. RECOMMENDATION DENIAL _ APPROVAL Y (with staff recommendation and following terms and conditions) CONDITIONS 1. Verify that Lot 1 has a 60' width at building placement and setbacks will be maintained. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission Pnmed .n recycled paper - L4 ' Hutchinson Plannine Commission ofIK N = MELNVM"Ry e GRADINGPLAN C, 0 *1 G116 4, ` �t 85001 ,p 5J 7 � C IIL B 5� Nf� 000 W \ 36. - 9 i ob I S0w 11 .J —1 I I I I � I NfD I — I I _— Oe I I I 1 I L __FT (i A i� �I � >tl 'i I 1 b' I II l d I r. FI V ,• �I I l i fJ 1 71 LS =I 91 I f 10 I I l ,L rt k I D 1 1 2 I l y 1 1 I S ' I I 6 I 7 I 1 I 1 1 I I I I I I I I I I I - J f __J L .&OY J L_ L ��J L_��J L �r w•xt i:.• of O tlol D. lSL NE• HEp TS SECd � (Ai - - - -- 1033.08--- - N 0020 7'36' W ' al ,t( �� .,'xP•1 �rfY TO•�J . / xa'rror I 1 - - ' l r_ � Vii' M I I I I �, i 'hg1•yy4w LOT 14 C _ C 1 17 p if , I I t \ `♦ I I I � hi ll 1 R k0 J I 1 I A pn f r _ ,00aYal. -, iT1f I_ _ - .To6 - J a Q 1 a `T 2 rfr I � -- ' r EA �l C ws 13 _ 15 .xi' 11 \71 { 12 1 20 I ' it I M 1- 1 I I U ` \ I 1 1 LJ Off i ' � d l I i i t � I i 1`iL e ' • °1tr g1 . i-Y ey � �'' I �� J O -- - I I -- I 1 I I a b: I �I � >tl 'i I 1 b' I II l d I r. FI V ,• �I I l i fJ 1 71 LS =I 91 I f 10 I I l ,L rt k I D 1 1 2 I l y 1 1 I S ' I I 6 I 7 I 1 I 1 1 I I I I I I I I I I I - J f __J L .&OY J L_ L ��J L_��J L �r w•xt i:.• of O tlol D. lSL NE• HEp TS SECd � (Ai - - - -- 1033.08--- - N 0020 7'36' W ' al ,t( �� .,'xP•1 �rfY TO•�J . / xa'rror I 1 - - ' l r_ � Vii' M I I I I �, i 'hg1•yy4w LOT 14 C _ C 1 17 p if , I I t \ `♦ I I I � hi ll 1 R k0 J I 1 I A pn f r _ ,00aYal. -, iT1f I_ _ - .To6 - J a Q 1 a `T 2 rfr I � -- ' r EA �l C ws 13 _ 15 .xi' 11 \71 { 12 1 20 I ' it I M 1- 1 I I U ` \ I 1 1 LJ Off i r Hutchinson City Center 111 Hassan Street SE Hulchln n. DIN 55350 -2522 320 - 587- 5151(Fax 320- 234 -4240 MEMORANDUM TO: Hutchinson Citv Council FROM: Hutchinson Planning Commission DATE: May 20, 1998 SUBJECT: CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 11, ZONING ORDINANCE 3464 SECTION 10.03 PARKING RATIO FOR FURNITURE STORES. Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend City Zoning Ordinance Section 10 HISTORY On April 10, 1998, Hutchinson Planning Staff requested an amendment to the City Code Chapter 11, Zoning Ordinance 3436 Section 10.03 regarding parking ratio for furniture stores. SECTION 10.03 - SCHEDULE OF OFF - STREET PARKING REQUIREMENTS Furniture/Warehouse Stores: One space per employee warehouse area and One space per 1000 sq. ft. of gross sales area. FINDINGS OF FACT 1. All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursday, May 7. 1998. The hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the Ordinance be approved as set forth above. Respectfully submitted, Pnn, d on recycled paper Dean Wood. Chairman Hutchinson Planning Commission L4 L RESOLUTION NO. 11020 RESOLUTION GIVING APPROVAL OF FINAL PLAT SUBMITTED BY SCOTT AND BART BRADFORD TO BE KNOWN AS THE MEADOWS WHERE AS, Scott and Bart Bradford, have submitted an application for approval of a final plat to be known as THE MEADOWS of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod County, to -wit; 0 Legal Description: All that part of the West Half of the Northeast Quarter of Section 36, Township 117, Range 30, McLeod County, Minnesota, lying northerly of the centerline of Golf Course Road Northwest, and EXCEPTING THEREFROM the following described tract of land: Part of the West Half of the Northeast Quarter of Section 36, Township 117, Range 30, McLeod County, Minnesota, described as follows: Commencing at the northeast corner of said West Half of the Northeast Quarter of Section 36; thence on an assumed bearing of South 00 degrees 42 minutes 42 seconds West along the East line of said West Half of the Northeast Quarter 1657.60 feet to the point of beginning of the tract to be described; thence continuing South 00 degrees 42 minutes 42 seconds West along said East line 530.47 feet to the centerline of the existing Road; thence North 56 degrees 33 minutes 00 seconds West along said centerline 247.00 feet; thence northwesterly along said centerline along a tangential curve that is concave to the southwest, said curve having a central angle of 07 degrees 00 minutes 00 seconds, a radius length of 3596.97 feet, an arc length of 439.50 feet; thence North 03 degrees 18 minutes 00 seconds East, not tangent to the last described curve, 384.08 feet; thence South 69 degrees 57 minutes 00 seconds East 608.00 feet to the point of beginning and EXCEPTING THEREFROM all that part of the Golf Course Road Northwest right -of -way lying in the South Half of the Southwest Quarter of the Northeast Quarter of Section 36. This tract contains 48.46 acres of land and is subject to any and all easements of record. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That said final plat of THE 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: ✓ Blanket easement on the common areas of the housing parcel is required. BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 26th day of May, 1998. ATTEST: Gary D. Plotz Marlin Torgerson City Administrator Mayor • Hutchinson City Center 1 11 Hassan Street SE Hutchinson- MN 55350 -2522 320.5875151/Fsx 320 - 234 -4240 C MEMORANDUM DATE: May 20, 1998 • • TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT TO BE KNOWN AS 'THE MEADOWS" SUBMITTED BY SCOTT AND BART BRADFORD, JBS, INC. LOCATED NORTH OF GOLF COURSE ROAD. Planning Commission recommends approval of the request noting the requirement of a blanket easement on the common areas of the housing parcel. Penned on mcvcled paper- q m .r��. THE MEADOWS z SCALE IN FEET ` Z � 0UTL0T C (i I .r. r � J � /�/ /� I rl\•/� riY w WI. ��N i F- '- SCHOOL ROAD B °. s ` > I: ��•• mIt i ir.' rr.y..•r� .rrr .. err \ y w �Yril•Y� yy r. ti �Mr.r rrYlrr. r•.r �� - F — � • • 0 • THE MEADOWS >1 1 1 z 12 6 + ,. �', z 2 10 " SCALE IN FEET s 5',.�, .� ee r 19. ear w e.wr a ♦..w+ m. rr. a r 0 U T L 0 T A " ' 2 1 r r� m w w r A2 d« :::y:: r ww 15', , y 4 a2 , z 2 e B 16 2 ` e 1 f 17 '. 18 ar ': 'rr Wnwr. d V M.I.M. I.r. SHEET 2 OF 2 SHEETS ♦1 WM. 3�Cl�' i QO1EARF ILLPC I/911[ NiCMP/.Q iIENOI /' V O GAO311 M 141PfD ROY F M1VPK YJL SILT FENDS DETAIL z,� - GRADING, DRAINAGE, & EROSION CONTROL PLAN OF - THE MEADOWS Scale 1' — 100' L� . F ` N\L\ 1\ 41111: , 1 THE MEADOWS ew'w' °°� BB103 - BA„ CON GROUP S 9MION DONI710L RAN HOTGINSON. MN sHFFT NO. 1 OF 1 SHEETS r nsln 1 0 Hutchinson Cit Center 111 Hassan Street SE Hutchinson NIN 55350 -2522 320 - 587- 5151/Fax 310 - 1344240 MEMORANDUM DATE: May 21, 1998 TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: RECOMMENDATION REGARDING CONTINUED USE OF A NOW CONFORMING WAREHOUSE (TRY CYCLE) LOCATED AT 261 THIRD AVE. N.W. IN THE C -5 DISTRICT Planning Commission recommends approval of the use noting the following requirements: 1. The outdoor storage to be screened with an 8' opaque fence. 2. Off - loading not to encroach into traffic right -of -way. Pnmcd on re,ened paper - 1 j I , I Ev 9 • Parks, Recreation & Community Education 900 Harrington Street SW Hutchinson, MN 55350 -3097 320 - 587- 2975/Fax 320 - 2344243 N TO: Mayor and Council FROM: Dolf Moon, Director PRCE Mary Haugen, Facilities and Operations Manager DATE: May 21, 1998 RE: Mighty Ducks Grant Application The work necessary for submitting the ice arena grant is proceeding. The deadline for submittal is Friday, May 29. We are confident we will be able to meet that deadline. We've discussed the rating and awarding system with the Amateur Sports Commission and it's clear that the communities that are able to present their case best and that will provide the most detailed documentation will more likely receive the $250,000 grant award. In order to accomplish this, we've met with the city's leadership team to discuss options for the grant application. Discussions centered on hiring the consulting firm of Bonestroo, Rosene, Anderlik & Associates to assist with certain portions of the grant application. These are the items the consultant would provide assistance with: 1. Create Site Plan A. Show existing facilities B. Identify environmental instructions C. Show county roads, city streets, and highways 2. Architectural drawings A. Show existing facility and how new addition integrates B. Show elevations C. Provide detailed information on additional locker room space, especially for gender equity issues 3. Environmental Intrusion Statement A. Show man -made development, utility lines, water, sewer, etc. B. Prepare mitigation statement for each intrusion 4. Geographic Location Map, identifying proposed new recreation area • 5. Provide detailed construction cost estimate Pnnted on re,wled paper - 4 'Fl. Page 2 • These five items could be created locally. The question posed was how would the city be .ble to submit an application most likely to receive funding. The leadership team all agreed that .ring Bonestroo and Associates would be in the city's best interest based on the following: - The approaching deadline - Bonestroo's past work on our present arena, their expertise in ice arena construction, and past success in grant application assistance - The city's desire to submit the best possible application The consultant's fee would be charged on a time and materials basis, not to exceed $3,200. City staff will be responsible for the completion of five other components of the grant. The fee would be paid from the Capital Improvement Fund. With the consultant's assistance, we will be able to submit the best possible application. Ours will be rated beside others, with the one that shows the greatest need and the most solid local funding receiving funding. MH/sp A idab b , Hutchinson Are Health Care Hutchinson Community Hospital �O1 Burns Manor Nursing Home • Dassel Medical Center • tinted Family Practice Clinic • 14 * - W 1095 Highway 15 South Hutchinson. MN 55350 (320) 234 -5000 .day ^ : 1998 May 20, 1998 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 111 Hassan SL S. Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: The board of directors of Hutchinson Area Health Care (HAHC), as part of their regular meeting on May 19, 1998, considered results of the bid process for the Hutchinson Medical Center Exam Room Renovation. The following is an excerpt from the minutes of that meeting: " Hutchinson Medical Center Exam Room Renovation. The tabulation of the two bids received for the exam room renovation were reviewed. Hutchinson Plumbing and Heating was the mechanical subcontractor on both bids, while Quade's was the electrical subcontractor for both bids. "Following discussion, motion was made by Peterson, seconded by Myers, to recommend to the City Council award of the lowest bid to Schatz Construction, Inc. of Glencoe, at a bid cost of $95,200. All were in favor. Motion carried." Thank you, in advance. for your consideration of this recommendation. Don Erickson will be able to answer any questions you may have about this request. Sincerely, H HINSON AREA TH CARE c Philip G. Graves President PGG:cs Attachments • 4Q RMC EXAM ROOM BID OPENING Contractor Base bid Mechanical Electrical Bid Bond Days to Complete Subcontractor Subcontractor Louis Dammann & Sons $113,472.00 Hutchinson Plbg. & Quades 5% 90 days Construction Heating Lester Prairie, MN Schatz $ 95,200.00 Hutchinson Plbg. & Quades 5% 60 days Construction, Inc Heating Glencoe, MN �.\BIM6IDSMECH&ELEC.DOC r YOUR INFORMATION MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 19, 1997 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Arndt, Dave Westtund, Jeff Haag, Jim Haugen, Joe Drahos, Jeff Jones and Chairman Wood. Also present Jim Marka, Director of Building, Planning and Zoning, Bonnie Baumetz, Planning and Zoning, John Rodeberg, City Engineer, and G. Barry Anderson, City Attorney. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED APRIL 21, 1998 Mr. Haag made a motion to approve the minutes of the meeting dated April 21, 1998. Seconded by Mr. Westiund the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF PRELIMINARY PLAT "BROLUS SECOND ADDITION' REQUESTED BY DAVID BROLL LOCATED SOUTH OF ORCHARD AVE. SE. Chairman Wood reopened the hearing at 5:35p.m. with the reading of publication #5154 as published in The Hutchinson Leader on Thursday, April 9, 1998- The request is for the purpose of considering a preliminary plat to be known as "Broil's Second Addition ". Mr. Broll explained he would like to build three 5 -plex units. The homes will be single level, the same level as the homes across the street Mr. Marka read staff recommendations concerning bike paths, sanitary sewer, and sidewalk an Century Avenue. The garages will be set back 35 feet from the boulevard. Mr. Marka also gave the comparison of the number of units that could be built if there were twins homes built on this property. Density allows fourteen to sixteen twin home units. Mr. Ken Jensen, 1260 Bradford, asked if there would be one association agreement or three Mr. Broll said, one association agreement that will include the limitation of parking of mobile homes, travel trailers, and boats. Garey Knudsen, 130 Orchard Ave NE presented a petition signed by citizens in the area opposing the rezoning of Broil's second addition to allow for the construction of three five - plex units. The Petition read as follows: Rationale for opposing this development: Additional high density housing constructed in this area will generate unwanted increased traffic on an already congested Century Avenue. 2. Additional traffic generated by high density housing will create hazards for the youth and general public using Elk's Park which is located less than a block away from the proposed building site. 3. The development of additional high density housing has the potential of decreasing the value of adjacent residential properties. Jeff Jones asked what kind of guarantee can we give the people regarding new developments, conceming traffic, etc. Jim Marka explained this area is easy to be served for sewer and water, and with commercial development along Hwy 15 South there will be growth in this area. Mr. Marka also questioned if we could legally turn this development down. Randy Damman, 115 Orchard Ave. said this area is zoned R -1, they would not be turning anyone down if they were developing as R -1. 10 Ms. Baumetz suggested amending the comprehensive plan to low density for the abutting property to the east of Broil's 2n Addition. Mr. Marka said we could add verbage in the comprehensive plan to recommend transitional zoning. Garey Knudsen said there is the fear of the unknown if this land is being rezoned to R -3 or R-4. Mr. Jones asked if roads could be built first before developing this property to eliminate some traffic problems. Mr. Damman asked about constructing sidewalk first. Barry Anderson, city attorney, said when property is annexed in the city and abuts R -3 district the door is open to other R -3 development, but from a legal stand point it is not risk for future developers. Mr. Haag moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:30 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, roll call vote taken commissioners Arndt, Westlund, Haugen, Drahos in favor and Haag and Jones opposed. The motion carried. b) CONSIDERATION OF REZONING FROM R -1 TO R -3 TO CONSTRUCT THREE 5 -PLEX UNITS IN BROLL'S SECOND ADDITION, Chairman Wood reopened the hearing at 6:30 p.m. with the reading of publication #5155 as published in The Hutchinson Leader on Thursday, April 9, 1998. The request by David Broil is for the purpose of considering a request to rezone property from R -1 to R -3 located on Orchard Avenue SE. Mr Weslund suggested the comprehensive plan recommend restricting to R -1 the area south and east of Broll's Addition. Mr. Jones asked for something definite to improve traffic control. John Rodeberg said we are actively working on a bike trail and sidewalk within a two -year period. This is major project for early 2000. Mr. Haag recommended minimum of 300 to 500 feet of property south of Sherwood St. be zoned as R -2 in the Comprehensive Plan. Mr. Jones moved to close the hearing, seconded by Mr. Westlund the hearing closed at 6:40 p.m. Mr. Haag made a motion to approve the request and to extend a 400' buffer area south of south boundary of Broil's 2n Addition and south and east of Sherwood Street to be zoned low denisty. Seconded by Mr. Haugen. Five Commissioners approved, Mr. Jones opposed, the motion carried. C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID BROLL TO CONSTRUCT THREE FIVE -PLEX UNITS ON PROPERTY LOCATED IN BROLL'S SECOND ADDITION. MINUTES REVISED HUTCNINSON PLANNING COMMISSION Tuesday, May 19, 1997 Jim Marka explained this area is easy to be served for sewer and water, and with commercial development along Hwy 15 South there will be growth in this area. Mr. Marka also questioned if we could legally turn this development down. Randy Damman, 115 Orchard Ave. said this area is zoned R -1, they would not be turning anyone down if they were developing as R -1. Ms. Baumetz suggested amending the comprehensive plan to low density for the abutting property to the east of Broll's 2 Addition. Mr. Marka said we could add verbage in the comprehensive plan to recommend transitional zoning. Garey Knudsen said there is the fear of the unknown if this land is being rezoned to R -3 or R -4. Mr. Jones asked if roads could be built first before developing this property to eliminate some traffic problems. Mr. Damman asked about constructing sidewalk first. Barry Anderson, city attorney, said when property is annexed in the city and abuts R -3 district the door is open to other R -3 development, but from a legal stand point it is not risk for future developers. • Mr.Haag moved to close the hearing, seconded by Mr. Arndt the hearing dosed at 6:30 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, roll call vote taken commissioners Arndt, Westlund, Haugen, Drahos in favor and Haag and Jones opposed. The motion carried. b) CONSIDERATION OF REZONING FROM R -1 TO R -3 TO CONSTRUCT THREE 5-PLEX UNITS IN BROLL'S SECOND ADDITION. Chairman Wood reopened the hearing at 6:30 p.m. with the reading of publication #5155 as published in The Hutchinson Leader on Thursday, April 9, 1998. The request by David Broil is for the purpose of considering a request to rezone property from R -1 to R -3 located on Orchard Avenue SE. Mr Westund suggested the comprehensive plan recommend restricting to R -1 the area south and east of Broil's Addition. Mr. Jones asked for something definite to improve traffic control. John Rodeberg said we are actively working on a bike trail and sidewalk within a two -year period. This is major project for early 2000. Mr. Haag recommended minimum of 300 to 500 feet of property south of Sherwood St. be zoned as R -2 in the Comprehensive Plan. Mr. Jones moved to close the hearing, seconded by Mr. Westlund the hearing closed at 6:40 p.m. Mr. Haag made a motion to approve the request and to extend a 400' buffer area • to allow for low density (R- 1 /R -2) transitional zoning. East of Sherwood St.. and south of the single family residential along Orchard Ave. Seconded by Mr. Haugen. Five Commissioners approved, Mr. Jones opposed, the motion carried. C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID BROLL TO CONSTRUCT THREE FIVE -PLEX UNITS ON PROPERTY LOCATED IN BROLL'S SECOND ADDITION. Chairman Wood reopened the hearing at 6:45 p.m. with the reading of publication #5156 as published in The Hutchinson Leader on Thursday, April 9, 1998, The request is to construct three five -plex units in a R -3 zoning district located on Orchard Avenue S.E. Mr. Westlund moved to close the hearing, seconded by Mr. Drahos the hearing closed at 6:46 p.m. Mr. Westlund made a motion to recommend approval of the request with staff recommendations, seconded by Mr. Haugen, five commissioners approved, Mr. Jones opposed, the motion camed. d) CONSIDERATION OF REZONING FROM C-4 TO C -2 AND LOT SPLIT LOCATEDAT1115 HWY 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY GIKAS, 530 SE 5TH STREET #4, MINNEAPOLIS, MN Chairman Wood opened the hearing at 6:50 p.m. with the reading of publication #5168 as published in The Hutchinson Leader on Thursday, May 7, 1998, The request is to rezone property from C-4 to C -2 located at 1115 Hwy 7 West. Mr. Marka explained the request to allow office or commercial business. Planning staff recommends approval. Mr. Arndt moved to close the hearing, seconded by Mr. Westund the hearing closed at 6:52 p.m. Mr. Haag made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. e) CONSIDERATION OF VARIANCE TO REDUCE LOT DEPTH FROM 150' TO 144' LOCATED AT 1115 HWY. 7 WEST (TOM THUMB PROPERTY) REQUESTED BY TONY GIKAS. 530 SE 5TH STREET #4, MINNEAPOLIS, MN 55414. Chairman Wood opened the hearing at 6:53 p.m. with the reading of publication #5169 as published in The Hutchinson Leader on Thursday, May 7, 1998, -The request by Tony Gikas is for a variance to reduce lot depth from 150' to 144' located at 1115 Hwy 7 West, Mr. Marka explained this is an existing building on a nonconforming lot. Planning staff recommends approval. Mr. Haugen moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:54 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE TO CONTINUE SCHOOL OPERATION IN THE FORMER BETHANY BAPTIST CHURCH LOCATED AT 800 GROVE ST. SW Chairman Wood opened the hearing at 6:55 p.m. with the reading of publication #5170 as published in The Hutchinson Leader on Thursday, May 7, 1998, The request by Crow River Special Education Coop is to continue to use as a public school, and residence for the owner, property located in a R -2 District at 800 Grove Street SW. Ms. Baumetz explained the present conditional use permit has expired, and needs to be extended for two years. Mr. Arndt moved to close the hearing, seconded by Mr. Jones the hearing closed at 6:57 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. g) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS APPLEBEE'S ADDITION SUBMITTED BY APPLEBEE'S INTERNATIONAL TO CONSTRUCT A RESTAURANT TO BE LOCATED AT 1305 HWY 15 SOUTH. Chairman Wood opened the hearing at 6:58 p.m. with the reading of publication #5171 as published in The Hutchinson Leader on Thursday, May 7, 1998, The request is for preliminary and final plat to be known as " Applebee's Addition" submitted by Applebee's International to construct an Applebee's Restaurant to be located at 1305 Hwy 15 South. h) Darren Lazar, Landform Engineering Company, explained the placement of the restaurant, and the need for parking setbacks. He stated concerns regarding only one access. When Denver Ave. is developed, the Hwy 15 access will be closed and a Denver access will be constructed. This will be part of the development agreement. Mike Specht, Applebee's International, said this is a smaller prototype building John Rodeberg said State guidelines do not permit access within 400' of an intersection. This is an option that could be left open if an median is constructed on Denver Ave. Mr. Lazan said they need access movement around the building for pickup and delivery and customer drop off. Property access locations will be worked out with City Engineer. Mr. Westlund moved to close the hearing, seconded by Mr. Arndt the hearing closed at 7:15 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Jones the motion carried unanimously. CONSIDERATION OF VARIANCE REQUESTED BY APPLEBEE'S TO REDUCE PARKING SETBACK LOCATED AT 1305 HWY 15 SOUTH. Chairman Wood opened the hearing at 7:16 p.m. with the reading of publication #5175 as published in The Hutchinson Leader on Thursday, May 7, 1998. The request is for a variance submitted by Applebee's International, Inc. 4551 W. 107-th St, Suite 100, Overland Park, Kansas 66207 to reduce the parking set backs from 6' to 0.5' on the north lot line and from 10' to 5' on south lot line located at 1305 Hwy 15 South. Mr. Marka said Applebee's will work with Ridgewater College on storm water retention. Mr. Rodeberg said the college property will require ponding. Beth Hepola, said the college has no serious concerns about parking setbacks or storm water retention, however they will make no commitments at this time. Mr. Marka asked Applebees to meet city requirements for setbacks. Mr. Rodeberg said the college property will require ponding. Mr. Rodeberg said if Denver Ave. isn't built Hwy 15 Ave will remain Applebee's access. Mr. Arndt moved to close the hearing, seconded by Mr. Wesbund the hearing closed at 7:25 p.m. Mr. Haag made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS "ISLAND VIEW HEIGHTS 3RD ADDITION" SUBMITTED BY BILL GILK. Chairman Wood opened the hearing at 726 p.m. with the reading of publication #5173 as published in The Hutchinson Leader on Thursday, May 7, 1998. The request is for consideration of a preliminary and final plat to be known as "Island View Heights 3rd Addition" submitted by Bill Gilk. Mr. Gilk explained the location of Island View Heights 3rd Addition. His development will have a significant covenant not allowing parked recreation vehicles, or detached dog kennels. This plat will be reducing the density. Single family dwellings will be built instead of twin homes. This is a planned development district with narrower lots, but density requirements will be • met. Mr. Arndt moved to close the hearing, seconded by Mr. Westlund the hearing closed at 7:45 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr.Weslund the motion carried. Mr. Haag abstained from voting. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.03 REGARDING PARKING RATIO FOR FURNITURE STORES. Chairman Wood opened the hearing at 8:46 p.m. with the reading of publication #5176 as published in The Hutchinson Leader on Thursday, May 7, 1998. The request is for consideration of amendment to zoning ordinance section 10.03 regarding parking ratio for furniture stores. Ms. Baumetz explained the changes to the amendment Mr. Westund moved to close the hearing, seconded by Mr. Jones the hearing closed at 8.48 p.m. Mr. Haag made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. NEW BUSINESS a) Consideration of final plat known as "The Meadows" submitted by Scott and Bart Bradford. • Mr. Westlund made a motion to recommend approval with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. b) Discussion of request by Roger Kleman to outdoor display of automobiles in the C -3 District. To be continued next month. C) Discussion of Try-Cycle recycling Center warehouse and outdoor storage located in the C -5 District. Mr. Hamre explained he is using the warehouse building for a recycling business. Jim explained this is an existing nonconforming building, they propose to off load without blocking traffic. Try-Cycle will be required to screen outdoor storage with 8' opaque fence. Mr. Haag made a motion recommend approval with staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. d) Presentation by Jean Ward and Ross Currier on the Home at Last Initiative. 5. OLD BUSINESS REVIEW OF SECTION 10.10 - 10.15 OF THE ZONING ORDINANCE (Will review in June time permitting) 0 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT There being no further business the meeting adjourned at 8:45 p.m. faW Rust EnOw.iNnt & Mtrastructure Inc. • a Bust Inornanonal Cwnoanr 'ms's 572 551 :001 3=cdrroa on" None Pas 5125512499 Swim 175 Nirdmws. MN 55"1 May 21. 1998 tron-tr Fax Note 7871 John Rodeberg,P.E. Engineering & Public Works City of Hutchinson 11 l Hassan Street SE Hutchinson, MN 55350 -2522 Re: Engineering Services Proposal Trunk Sanitary Sewer Design Report Airport Drainage Basin Rust Proposal No. 980521.100 6 Dear Mr. Rodeberg: • During our meeting on April 30, 1998, we discussed the proposed lift station adjacent to the W WTF and the Airport Drainage Basin trunk sanitary sewer as shown in the 1997 Comprehensive Sanitary Sewer Plan. This letter presents our proposal to prepare a design report that would provide the decision making basis for selecting major design options of the general plan. The design report would provide a more refined cost estimate for the selected design options and would document the conceptual design of the lift station. The Comprehensive Sanitary Sewer Plan shows the route of the estimated 27" diameter trunk sanitary sewer from the southeast comer of the proposed Target site as following a gentle swale to the east- northeast to County Road 25 and thence dropping and by gravity sewer crossing the Crow River to the proposed lift station adjacent to the W WTF. Most of this area is not yet platted. As we discussed, in order to proceed with the tentative 1999 construction of this first phase, the route must follow existing right of way or be along existing property lines. Consequently, the route would follow CR 25 south to an existing east -west property line extending to the southeast comer of the Target parcel. At this point, the major design decision for the first phase concerns the manner of crossing the Crow River. The depth of the proposed lift station is shown on the Comprehensive Sanitary Sewer Plan to be about ten feet deeper than it needs to be to serve either the TH22 or Airport Drainage Basins. This extra depth is to facilitate a gravity sewer crossing under the river. This extra depth has significant / , Mr. John Rodeberg, P.E. - 980521.100 May 21. 1998 Page 2 consequences for the depth of lift station wetwell, required pump motor size, and long -term energy consumption of the lift station. This translates into significant capital and operation and maintenance costs for the lift station and deep 30" diameter trunk main. Furthermore, the safe scour depth of the Crow River at this location is not accurately known. If deeper than estimated, then costs will rapidly increase. It is proposed to initially make a detailed analysis, based upon the City's 2' contour interval traps, of the cost difference between the inverted siphon and its associated lift station and the gravity sewer crossing and its lift station design. At our meeting of April 30, 1998, we touched on some of the design decisions for the proposed lift station. The proposed lift station has a peak design flow rate of 7.61 MGD or 5280 g.p.m. according to the Comprehensive Plan. For a station of this size, we recommend standby power. The design report would document whether a second independent utility feed or a genet should be provided- It is proposed that submersible pumps be used. The design report will provide recommendations as to whether pumps would be installed in a wetwell or drywell, whether constant speed or VFD will be used and the configuration of the wetwell to minimize turbulence and deposition of solids. The design report will present the conceptual layout of the lift station. The design of the lift station depends heavily on the depth of incoming sewer, which depends upon whether an inverted siphon or gravity sewer crossing of the Crow River is to be made. The second phase of the trunk project, which is tentatively scheduled for construction in 2000, is shown in the Comprehensive Plan as 21" and 24" sanitary sewer extending from the southeast comer of the Target site at TH 15 to the interim Century Avenue extension at Dale Street. The route shown in the Comprehensive Plan may or may not provide gravity service to parcels adjacent to and west of the airport, depending upon the type of development proposed. This route and depth will be relatively expensive. A less expensive route such as along the south and west lines of the Target site to intercept flow in Century Avenue could possibly be made. This would necessitate a separate lift station to serve these westerly properties. To determine a prudent course of action, it is proposed to develop the estimated construction Cost difference between the routes and weigh this difference against the uncertainties of potential development to the west. The thrust of the design report is to provide information and guidance to resolve the foregoing design issues and to, finally, document the consensus answer to these issues. Before preceding with this conceptual design, the potential cost savings of an inverted siphon river crossing should be evaluated. Besides decreasing the depth of the lift station wetwell, pump head, and associated capital and energy costs, the inverted siphon crossing should be more insensitive to actual conditions than a gravity crossing. An inverted siphon crossing could utilize HDPE pipe installed by directional boring. This would be mostly insensitive to river bottom elevation and soil conditions. It would minim z e disruption during construction. Of course, there is the potential for the inverted siphon to require additional cleaning maintenance, However, the availability of a relatively large head drop across the inverted siphon should allow for higher velocities and minimize deposition potential. • WAY -21 -96 10:41 Froe:RUST E i 1 6125512499 T -270 P.03/03 lob -243 Mr. John Rodeberg, P.E. - 980521.100 May 21. 1998 Page 3 We propose to utilize two foot contour information an d plat maps that you would provide us as the basis of an initial analysis of these design questions. We would not reevaluate projected flowrates as part of this work. We understand that these improvements would be funded from utility funds or established developer trunk fees and, eoneoquently, would not prepare a financing plan as part of the design report. We will present our initial findings and tentative recommendations to you in a draft design report before scheduling a review meeting. Depending upon the consensus of our meeting, it may be prudent to obtain preliminary survey and geotechnical information before proceeding to finalize the design report The subconsultant costs for preliminary survey and geotechnical work are not included in this proposal. However, Rust E&I costs to prepare the final design report are included. Our fee for the design report will not exceed 518,000.00 based upon the above scope of services. We can initiate the design report upon receipt of a purchase order referencing this proposal. Alternatively, we can prepare a detailed contract for execution by the City. Preliminary findings will be available within 60 -90 days of authorization. Please call with any questions or concerns. Sine k co Infrastructure cc: Marketing L.1 WORKW 1.rrCMI07130%CORRSS%TRYS W RPR NR n 0 RESOLUTION NO. 11017 • RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS APPLEBEE'S ADDITION WHERE AS, Applebee's International, has submitted an application for approval of a preliminary and final plat to be known as APPLEBEE'S ADDITION of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod County, to-wit; Legal Description: That part of the Southwest Quarter of the Northwest Quarter of Section Seven (7) in Township One Hundred and Sixteen (116) North of Range Twenty-nine (29) West, described as follows, to-wit: Beginning at the Southwest Comer of said Southwest Quarter of the Northwest Quarter of said Section 7, thence East 334.7 to a point; thence North parallel with the West line of said Southwest Quarter of the Northwest Quarter, 200 feet to a point; thence West 334.7 feet to the West line of said Southwest Quarter of the Northwest Quarter, and thence South 200 feet to the point of beginning, being also known as part of Lot Eighteen(18) of the Auditor's Plat of Section 7, Township 116, Range 29. and That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 116 North, Range 29 West, described as follows: Commencing at the southwest comer of said Northwest Quarter; thence easterly along the south line of said Northwest Quarter a distance of 334.70 feet to the point of beginning of the land to be described; thence continuing easterly, along said south line, a distance of 100.00 feet; thence northerly, parallel with the west line of said Northwest Quarter, a distance of 200.00 feet; thence westerly, parallel with said south ilne, a distance of 100.00 feet, • thence southerly, parallel with said west line, a distance of 200.00 feet to the point of beginning. This is part of Lot 18 of the Auditors Plat of Section 7, Township 116, Range 29 West. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That said preliminary and final plat of APPLEBEE'S ADDITION is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota subject to the following conditions: ✓ The Hwy 15 access will be required to be removed when Denver Avenue is improved ✓ Storm drainage shall be to predevelopment status ✓ Parkland dedication will be addressed in the subdivision agreement, noting the additional right -of -way will be a consideration to accommodate sidewalk and bikepath. BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 26th day of May, 1998. ATTEST: • Gary D. Plotz Marlin Torgerson City Administrator Mayor g L Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350.2522 320.587.5151/Fax 320 - 2144240 MEMORANDUM DATE: May 21, 1998 TO: Hutchinson City Council FROM: SUBJECT: Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a prelimmary plat. HISTORY On April 30, 1998, Applebee's International, submitted a preliminary and final plat of APPLEBEE'S ADDITION located at 1305 Hwy 15 South. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at which time there were no neighboring property • owners objecting to the request. FINDINGS OF FACT The required application and plat maps were submitted the appropriate fee paid. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday. May 7, 1998. Director of Engineering, John Rodeberg, will submit certification that the proposed preliminary plat meets all the requirements of the Subdivision Ordinance as per Preliminary Plat Data. RECOMMENDATION DENIAL _ APPROVAL X (with staff recommendation and following terms and conditions) CONDITIONS 1. When Denver Avenue is improved, the Hwy. 15 access will be required to be removed. Highway access to be negotiated with City Engineer. 2. Storm drainage shall be to predevelopment status. Parkland dedication will be addressed in the subdivision agreement, noting the additional right - of[way will be a consideration to accommodate sidewalk and bikepath. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission Mw on rcryWl d paper � ik Hutchinson Planning Commission RAT I 1 -fF`�W -.T r �� 1 I - f y O ■ YKMIM]Otl NG t I 1 • • '• IWy N R a Publication # 5171 , FREEYONT AVER N � I Y 2 w n` t , 1 1— 3 MALL 1 � I xar^.L I 1 ~ O fla N a " CENTURY s • 1 HUTCHINS" ' AVENUE AREA • VDCATMAL 1 '� • •� T[CNNICAL INSTITUTE W IA[N W +� t ATLANTA AVENUE 1 I fl T t 1 l G ALDITgN 2 IN 3 IN ^ e BALTIMORE AVENUE I 1 I _ 1 LOT al — BLOCK nxo ` •r DT DNC ^_ A�rx ONE � __ if ) 1 I s I f IT py 1 t Y I I I I 3 I 8n n N aM SW 1/4 of - �;4 a Sk. 7, T116, R 2 J OWNER: :GET _I I 7 aRT 065 I I I .- 12 `- I - N b 1 1 - -- �5 I =z I I • S: � n N aM SW 1/4 of - �;4 a Sk. 7, T116, R 2 J OWNER: :GET _I 7 065 I I I .- 12 `- I - I - -- lil - -- �5 I I I I 1 I, I I I B I I ;I I J l I • RIDGEWATER COLLEGE 1iK. ¢79 ;I 1 . I 1 � , I � w\\. 5v 1/9 or w rrw 1/9 ,r s,.. 11059.7, S 88'0343" Ar I3I.7& I i PROPOSED OWNER: APPLEBEES Lar 1 al a -- BLOCK S 83'03'43' X w h w IN SW 1/1 i if .M HW 1/4 M 5K. 7, T116. R29 'I f� t 1060.2 10 ft. Dra " Ik1t] Entr..m (T 1 I \ el \\ o �� Is ► „. '7 • - -- { s 61 I uf. �t Iq \ - 6 100.00 t - - 1 1073.5 .1 F RI OWNER: VIRGIL E. HAJICEK 107Q� 317.6a I J 8 S!p W't I ' 701 1 I • . MEDbJIJ•W 317.66 S 83'03'43' X w h w IN SW 1/1 i if .M HW 1/4 M 5K. 7, T116. R29 'I f� t 1060.2 10 ft. Dra " Ik1t] Entr..m (T 1 I \ el \\ o �� Is ► „. '7 • - -- { s 61 I uf. �t Iq \ - 6 100.00 t - - 1 1073.5 .1 F RI OWNER: VIRGIL E. HAJICEK 107Q� NW 5W 114 of r rvW I/� of Sc_ 1, 1116. R 29 (MV ruwc Scc 7) Iwd G[ w ---------- I F6 gn Y� 5W cm d cr SW 1/1 oI - -- w HW 1/1 d 7. T116. 979 (WI /1 —) Ig 117' � pp - - -- 17 - --------- 75 - - - - -- I z Q MPLEBEFS ADDI "w padw vaY cM. Yw.Y H .r SW I/1 d cr IIJ 1/4 d yc J, 1116, R79 S 89'03'13' 6 434.70 334.70 I - �I - �— IMM —� 3 7M ' I _ I � I 7= ON � I 1 0 $I WL 1 -- Jd ,I I 18 I � 5W cm d cr SW 1/1 oI - -- w HW 1/1 d 7. T116. 979 (WI /1 —) Ig 117' � pp - - -- 17 - --------- 75 - - - - -- I z Q MPLEBEFS ADDI "w padw vaY cM. Yw.Y H .r SW I/1 d cr IIJ 1/4 d yc J, 1116, R79 S 89'03'13' 6 434.70 I� 0UTL.T A I MBB9!'IJIY 1 717.6E 434.70 S 89'03'43" B IowY w W SW 1/1 d W NW 1/1 d 5k. 7, 1116. R79 1ERf1E I hereby Certify that I how s jmd and plaited the land de oynef/y shoes on the plot J7 Mt and hwdiadfhs of o fm Uwe a no wethnds as defiled h Yiulesota Statutes 505. Danld L Ihunne; Land Su Mku to Lkense Na 25718 I I I I I ®M`I I S All� . . 334.70 - - �— IMM —� 3 7M ' I _ I � I � 1 0 $I WL 1 I 18 of D�� BLDCK 1 $ s I g I� 0UTL.T A I MBB9!'IJIY 1 717.6E 434.70 S 89'03'43" B IowY w W SW 1/1 d W NW 1/1 d 5k. 7, 1116. R79 1ERf1E I hereby Certify that I how s jmd and plaited the land de oynef/y shoes on the plot J7 Mt and hwdiadfhs of o fm Uwe a no wethnds as defiled h Yiulesota Statutes 505. Danld L Ihunne; Land Su Mku to Lkense Na 25718 I I I I I ®M`I I S All� . . RESOLUTION NO. 11018 RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY APPLEBEE'S • INTERNATIONAL TO REDUCE PARKING SETBACK LOCATED AT APPLEBEE'S RESTAURANT, 1305 HWY 15 SOUTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Applebee's International, has applied for a variance from Section 6.04 of Zoning Ordinance No. 464 to reduce parking setbacks on the North and South sides of the property located at 1305 Hwy 15 South, with the following legal description: Legal Description: That part of the Southwest Quarter of the Northwest Quarter of Section Seven (7) in Township One Hundred and Sixteen (116) North of Range Twenty-nine (29) West, described as follows, to -wit: Beginning at the Southwest Corner of said Southwest Quarter of the Northwest Quarter of said Section 7, thence East 334.7 to a point; thence North parallel with the West line of said Southwest Quarter of the Northwest Quarter, 200 feet to a point; thence West 334.7 feet to the West line of said Southwest Quarter of the Northwest Quarter; and thence South 200 feet to the point of beginning, being also known as part of Lot Eighteen(18) of the Auditor's Plat of Section 7, Township 116, Range 29. and That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 116 North, Range 29 West, described as follows: Commencing at the southwest comer of said Northwest Quarter; thence easterly along the south line of said Northwest Quarter a distance of 334.70 feet to the point of beginning of the land to be described; thence continuing easterly, along said south line, a distance of 100.00 feet; thence northerly, parallel with the west line of said Northwest Quarter, a distance of 200.00 feet; thence westerly, parallel with said south line, a distance of 100.00 feet, . thence southerly, parallel with said west line, a distance of 200.00 feet to the point of beginning. This is part of Lot 18 of the Auditor's Plat of Section 7, Township 116, Range 29 West. 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. • CONCLUSION The application for the variance for the purpose designated is granted based on the findings set • forth above noting the following: ✓ Ridgewater College submitted no opposition regarding parking setback reduction to 0'. ✓ The hardship is validated by the additional right -of -way dedication of 5' on the South property line and the access management arrangement to be worked out with the City Engineer and MNDot prior to building permit execution. ✓ The right -of -way is platted as an outlot. The subdivision agreement will address the dedication procedure. Adopted by the City Council this 26th day of May, 1998. ATTEST: Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor Hutchinson Citv Center 111 Hassan Street SE Hutchinson. MN 55350.2522 320 - 587- 5151/Fe 320.234 -4240 MEMORANDUM DATE: May 21, 1998 TO: Hutchinson City Council FROM: Hutchinson Plannin¢ Commission SUBJECT: HISTORY On May 4, 1998, Applebee's International, Inc. submitted an application for a variance to reduce the parking setbacks from 6' to 0.5' on the north lot line and from 10' to 5 on south lot line at 1305 Hwy. 15 South. A hearing was held at the regular meeting of the Planning Commission on Tuesday, May 19, 1998, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee Paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 7, 1998. RECOMMENDATION DENIAL _ APPROVAL x (with staff recommendation and following terms and conditions) CONDITIONS: I. Ridgewater College was advised and submitted no opposition regarding parking with 0' setback.. 2. The hardship is validated by the additional riQttt -of -way dedication of 5' (30' vs. 35') and the access management arrangement to be worked out with the City Engineer and MNDOT prior to the building permit execution. 3. The right -of -way is platted as an outlot. The subdivision agreement will address the dedication procedure. CONSIDERATIONS/DIRECTIVES: Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission 0 Pwcd on ¢ ,6cd paper - U c Pursuant to Section 6.04, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. Applebee's REVISED COPY _ DEVELOPMENT AGREEMENT Applebee's Addition • CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Apple American Limited Partnership of Minnesota, a Minnesota corporation, Fee Owner, hereinafter called the "Subdivider"; and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as; "Applebee's Addition" WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: • 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to within 0.2 feet of approved grades. The Subdivider shall clear trees and/or debris from utility easements and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All work shall conform with the approved Site Grading Plan, and shall be completed prior to the commencement of construction on the site. 2. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions of paragraph 1 of this section have been met. 3. The Subdivider shall provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. 4. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. 5. It is agreed and understood that the Subdivider shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential drainage damage. Any costs associated with correcting these conflicts shall be the sole responsibility of the Subdivider. ApPWa 's AM*WPap 1 l 1. The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and • appurtenances, lateral and trunk watermain and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, street signs and lighting, and appurtenances to serve the plat. 2. It is understood and agreed that the City under one or more contracts will install the improvements in Paragraph No. 1. Phase 1 improvements shall include extension of sanitary sewer and watermain service to the southwest corner of the property within proposed future Denver Avenue SE. Services to serve the parcel will be extended to the future right -of -way of Denver Avenue. Future improvements are proposed to include construction of utility and street improvements within proposed Denver Avenue SE, and the potential extension of storm sewer improvements to serve the plated area. 3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include contracted costs, city administration and engineering costs and capitalized interest cost. 4. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall be assessed to the Subdivision based on the following understanding: a. The assessable front footage for sanitary sewer and watermain improvements is determined to be 332.68 feet. This is based on 317.68 feet on the south side of the plat, and 15' along State Highway No. 15 (based on credit of 150' off the 165' of frontage). b. Lateral sanitary sewer improvements shall be assessed based on $30 /front foot, including services to the property line ($9,980.40), plus the actual cost of the service extension from the lateral (approximately $1,200). - c. Lateral watermain improvements shall be assessed based on $30 /front foot, including services to the property line ($9,980.40), plus the actual cost of the service extension from the lateral (approximately $1,200). d. Future lateral storm sewer assessments are proposed for improvements that may include extending • storm sewer lateral along the west line of the property to serve future Denver Avenue, north to • proposed pond on the Ridgewater College property. Applebee's storm sewer system would be connected to this line. The assessment would be based on the actual portion of the storm sewer being utilized by the plat, and shall not exceed $6,500 (1998 basis). e. Future street assessments would include Denver Avenue SE improvements, and future curb and gutter on TH 15 if City has share of costs. The Denver Avenue SE construction is estimated at $80 /foot (317.68 feet would be $25,414.40) based on current projected costs. Actual costs will be determined at the time of construction, but shall not exceed this figure (1998 basis). 5. It is understood and agreed that Trunk Sanitary Sewer and Watermain Fees will be charged per current City Policy. Cost may be collected with building permits, or assessed. Rates for 1998 would be: Sanitary Sewer: 1.2 acres @ $1,600 /acre = $1,920.00 Watermain: 1.2 acres @ $1,100 /acre = $1,320.00 It is understood and agreed that if Outlot A is not donated for street and trail purposes, an additional assessment for the 0.26 acres will be required at the rate in place at the time of assessment. 6. It is understood and agreed that a Trunk Storm Sewer assessment may be due for providing an outlet for the detention pond on Applebee's site, or for the Ridgewater College pond. If the Subdivider provides for appropriate storm sewer ponding the meets all "Best Management Practices" on -site or adjacent to said site, the Trunk Storm Sewer assessment shall not exceed $5,000 (1998 cost basis). • Appkbee'S Adddlor&age 2 7. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty-six months • following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty six month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. 1. It is understood and agreed that a Parks and Playground Contribution will be required to be made to the City. It is the proposal of City staff to allow the dedication of Outlot A for street and trail purposes to be the entire Parks & Playgrounds contribution. This proposal is subject to approval by the City Council based on the recommendation of the Park Board. It is understood that the normal Parks and Playground contribution for this property would be approximately $6.750 2. It is understood and agreed that Outlot A shall be dedicated to the City of Hutchinson for use as right -of- way. As compensation for dedicating this right -of -way, in addition to that noted in Paragraph 111. 1, the City shall credit the Subdivider $5,000 on the sanitary sewer and watermain assessments to be constructed in 1998. It is also agreed and understood that if Denver Avenue SE is constructed in this location prior to December 31. 2003 the Subdivider will be credited an additional $5,000 on the street assessments (1998 basis). If it is determined that Denver Avenue SE will not be constructed at this location location prior to December 31. 2003 it is understood that the owner of the property will have the right to • repurchase the property from the City, subject to utility and drainage easements, for 511.750 (1998 basis) 3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Gas Service to Hutchinson Utilities. These fees shall be agreed upon between the Subdivider and Hutchinson Utilities. 4. It is understood and agreed that no permanent direct accesses shall be allowed on TH 15 without approval from the City and the Minnesota Department of Transportation (Mn/DOT). Due to the proposed future construction of Denver Avenue SE on the south side of the parcel, the City agrees that temporary access to TH 15 will be allowed until access can be provided from Denver Avenue. It is understood and agreed that when Denver Avenue is constructed, the City shall include the construction of a new access on Denver and the removal of the temporary access off TH 15, in the above referenced improvement. The drive connection to Denver Avenue shall be at point approximately 333' from the centerline of TH 15. It is also agreed and understood that the City will work with the Subdivider, their consultant and Mn/DOT to review the feasibility of providing a second egress location for the site. It is understood that this egress will not have full accessibility, and will allow for "right in- right- out ", or a "right out" movements only. If the City, Mn/DOT and the Subdivider can not agree on the location or safety of the access, it is agreed that at the discretion of the involved parties an independent traffic consultant may be engaged to review the situation with the City and the Subdivider each agreeing to pay for half of the cost. IfDenverAvenue is not constructed, it is understood that the Subdivider and the pro env owner to the south shall share an access on their common 12rQpeM line. r1 App s AditiadPap 3 It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 2. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 3. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. • FEE OWNER: Apple American Limited Partnership of Minnesota Signature Title Print STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of 19— by COUNTY OF Fee Owner. Notary Public, County, Minnesota My Commission Expires APPROVED BY THE HUTCHINSON CITY COUNCIL THE _ DAY OF 119— • CITY OF HUTCHINSON: MARLIN TORGERSON, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of 19— by Marlin COUNTY OF Torgerson, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY John P. Rodeberg Director of Engineering/Public Works City of Hutchinson 111 Hassan Street SE • Hutchinson, MN 55350 -2522 612- 2344208 Applebe 's AdditWVP8784 f 7 A`L4.'LaSKi]�'1 DEVELOPMENT A EEMENT Applebee's Addition CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Apple American Limited Partnership of Minnesota, a Minnesota corporation, Fee Owner, hereinafter called the "Subdivider "; and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City'; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as; "Applebee's Addition" WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I SITE PREPARATION ND GRADIN • 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to within 0.2 feet of approved grades. The Subdivider shall clear trees and/or debris from utility easements and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All work shall conform with the approved Site Grading Plan, and shall be completed prior to the commencement of construction on the site. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions of paragraph 1 of this section have been met. The Subdivider shall provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. 4. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. It is agreed and understood that the Subdivider shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential drainage damage. Any costs associated with correcting these conflicts shall be the sole responsibility of the Subdivider. Appkdee's AddNm Page 1 ')`n'� I The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and appurtenances, lateral and trunk watermain and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, street signs and lighting, and appurtenances to serve the plat. 2. It is understood and agreed that the City under one or more contracts will install the improvements in Paragraph No. 1. Phase 1 improvements shall include extension of sanitary sewer and watermain service to the southwest comer of the property within proposed future Denver Avenue SE. Services to serve the parcel will be extended to the future right -of -way of Denver Avenue. Future improvements are proposed to include construction of utility and street improvements within proposed Denver Avenue SE, and the potential extension of storm sewer improvements to serve the plated area. 3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include contracted costs, city administration and engineering costs and capitalized interest cost. 4. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall be assessed to the Subdivision based on the following understanding: a. The assessable front footage for sanitary sewer and watermain improvements is determined to be 332.68 feet. This is based on 317.68 feet on the south side of the plat, and 15' along State Highway No. 15 (based on credit of 150' off the 165' of frontage). b. Lateral sanitary sewer improvements shall be assessed based on $30 /front foot, including services to the property line ($9,980.40), plus the actual cost of the service extension from the lateral (approximately $1,200). - c. Lateral watermain improvements shall be assessed based on $30 /front foot, including services to • the property line ($9,980.40), plus the actual cost of the service extension from the lateral (approximately $1,200). d. Future lateral storm sewer assessments are proposed for improvements that may include extending a storm sewer lateral along the west line of the property to serve future Denver Avenue, north to a proposed pond on the Ridgewater College property. Applebee's storm sewer system would be connected to this line. The assessment would be based on the actual portion of the storm sewer being utilized by the plat, and shall not exceed $6,500 (1998 basis). e. Future street assessments would include Denver Avenue SE improvements, and future curb and gutter on TH 15 if City has share of costs. The Denver Avenue SE construction is estimated at $80 /foot (317.68 feet would be $25,414.40) based on current projected costs. Actual costs will be determined at the time of construction, but shall not exceed this figure (1998 basis). 5. It is understood and agreed that Trunk Sanitary Sewer and Watermain Fees will be charged per current City Policy. Cost may be collected with building permits, or assessed. Rates for 1998 would be: Sanitary Sewer: 1.2 acres @ $1,600 /acre = $1,920.00 Watermain: 1.2 acres @ $1,100 /acre = $1,320.00 It is understood and agreed that if Outlot A is not donated for street and trail purposes, an additional assessment for the 0.26 acres will be required at the rate in place at the time of assessment. 6. It is understood and agreed that a Trunk Storm Sewer assessment may be due for providing an outlet for the detention pond on Applebee's site, or for the Ridgewater College pond. If the Subdivider provides for appropriate storm sewer ponding the meets all "Best Management Practices" on -site or adjacent to said site, the Trunk Storm Sewer assessment shall not exceed $5,000 (1998 cost basis). • Appleb"'s Add6mPap 2 7. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty-six months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty six month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. It is understood and agreed that a Parks and Playground Contribution will be required to be made to the City. It is the proposal of City staff to allow the dedication of Outlot A for street and trail purposes to be the entire Parks & Playgrounds contribution. This proposal is subject to approval by the City Council based on the recommendation of the Park Board. It is understood that the normal Parks and Playground contribution for this property would be approximately 56.75 0 . 2. It is understood and agreed that Outlot A shall be dedicated to the City of Hutchinson for use as right -of- way. As compensation for dedicating this right -of -way, in addition to that noted in Paragraph III.1, the City shall credit the Subdivider $5,000 on the sanitary sewer and watermain assessments to be constructed in 1998. It is also agreed and understood that if Denver Avenue SE is constructed in this location nrinr to December 31. 2003 the Subdivider will be credited an additional $5,000 on the street assessments (1998 basis). If it is determined that Denver Avenue SE will not be constructed at this location location nrinr to December 31. 2003 it is understood that the owner of the property will have the right to . repurchase the property from the City, subject to utility and drainage easements, for S11.75D (1998 basis). 3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Gas Service to Hutchinson Utilities. These fees shall be agreed upon between the Subdivider and Hutchinson Utilities. 4. It is understood and agreed that no permanent direct accesses shall be allowed on TH 15 without approval from the City and the Minnesota Department of Transportation (Mn/DOT). Due to the proposed future construction of Denver Avenue SE on the south side of the parcel, the City agrees that temporary access to TH 15 will be allowed until access can be provided from Denver Avenue. It is understood and agreed that when Denver Avenue is constructed, the City shall include the construction of a new access on Denver and the removal of the temporary access off TH 15, in the above referenced improvement. The drive connection to Denver Avenue shall be at point approximately 333' from the centerline of TH 15. It is also agreed and understood that the City will work with the Subdivider, their consultant and Mn/DOT to review the feasibility of providing a second egress location for the site. It is understood that this egress will not have full accessibility, and will allow for "right in- right - out ", or a "right out" movements only. If the City. Mn/DOT and the Subdivider can not agree on the location or safety of the access, it is agreed that at the discretion of the involved parties an independent traffic consultant may be engaged to review the situation with the City and the Subdivider each agreeing to pay for half of the cost. (f Denver Avenue is not constructed, it is understood that the Subdivider and the propeM owner to the south shall share an access on their common pMpeM line • App,Wft's AditmPage 3 It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 2. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 3. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. • FEE OWNER: Apple American Limited Partnership of Minnesota Signature STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 19— by Fee Owner. Notary Public, County, Minnesota My Commission Expires APPROVED BY THE HUTCHINSON CITY COUNCIL THE _ DAY OF 19� • CITY OF HUTCHINSON: MARLIN TORGERSON, MAYOR STATE OF MINNESOTA COUNTY OF THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg Director of Engineering/Public Works City of Hutchinson I 1 I Hassan Street SE Hutchinson, MN 55350 -2522 612- 234 -4208 D. PLOTZ, CITY ADMINISTRATOR The foregoing instrument was acknowledged before me this day of 19— by Marlin Torgerson, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires Applebee's AddrboNPage 4 0 \J • Applebee's Addition CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter. by and between Apple American Limited Partnership of Minnesota, a Minnesota corporation, Fee Owner, hereinafter called the "Subdivider "; and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveved and platted as; "Applebee's Addition" WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to within 0.2 feet of approved grades. The Subdivider shall clear trees and/or debris from utility easements and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All work shall conform with the approved Site Grading Plan, and shall be completed prior to the commencement of construction on the site. 2. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions of paragraph 1 of this section have been met. 3. The Subdivider shall provide all erosion control during site grading work, prior to infrastructure construction. necessary to meet local and state requirements. 4. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. 5. It is agreed and understood that the Subdivider shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential drainage damage. Any costs associated with correcting these conflicts shall be the sole responsibility of the Subdivider. 0 Applebee's AddboNPege 7 The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and appurtenances, lateral and trunk watermain and appurtenances. sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, street signs and lighting, and appurtenances to serve the plat. 2. It is understood and agreed that the City under one or more contracts will install the improvements in Paragraph No. 1. Phase I improvements shall include extension of sanitary sewer and watettnain service to the southwest comer of the property within proposed future Denver Avenue SE. Services to serve the parcel will be extended to the future right -of -way of Denver Avenue. Future improvements are proposed to include construction of utility and street improvements within proposed Denver Avenue SE, and the potential extension of storm sewer improvements to serve the plated area. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include contracted costs, city administration and engineering costs and capitalized interest cost. 4. It is understood and agreed that the total cost of said improvements in Paragraph No. I shall be assessed to the Subdivision based on the following understanding: a. The assessable front footage for sanitary sewer and watermain improvements is determined to be 332.68 feet. This is based on 317.68 feet on the south side of the plat, and 15' along State Highway No. 15 (based on credit of 150' off the 165' of frontage). b. Lateral sanitary sewer improvements shall be assessed based on $30 /front foot, including services to the property line ($9,980.40), plus the actual cost of the service extension from the lateral (approximately $1,200). _ c. Lateral watermain improvements shall be assessed based on $30 /front foot, including services to the property line ($9,980.40), plus the actual cost of the service extension from the lateral (approximately $1,200). d. Future lateral storm sewer assessments are proposed for improvements that may include extending a storm sewer lateral along the west line of the property to serve future Denver Avenue, north to a proposed pond on the Ridgewater College property. Applebee's storm sewer system would be connected to this line. The assessment would be based on the actual portion of the storm sewer being utilized by the plat, and shall not exceed $6,500 (1998 basis). e. Future street assessments would include Denver Avenue SE improvements, and future curb and gutter on TH 15 if City has share of costs. The Denver Avenue SE construction is estimated at S80 /foot (317.68 feet would be $25,414.40) based on current projected costs. Actual costs will be determined at the time of construction, but shall not exceed this figure (1998 basis). It is understood and agreed that Trunk Sanitary Sewer and Watermain Fees will be charged per current City Policy. Cost may be collected with building permits, or assessed. Rates for 1998 would be: Sanitary Sewer: 1.2 acres @ $1.600 /acre = $1,920.00 Watermain: 1.2 acres @. $1,100 /acre = $1,320.00 It is understood and agreed that if Outlot A is not donated for street and trail purposes, an additional assessment for the 0.26 acres will be required at the rate in -place at the time of assessment. 6. It is understood and agreed that a Trunk Storm Sewer assessment may be due for providing an outlet for the detention pond on Applebee's site, or for the Ridgewater College pond. If the Subdivider provides for appropriate storm sewer ponding the meets all "Best Management Practices" on -site or adjacent to said site, the Trunk Storm Sewer assessment shall not exceed $5.000 (1998 cost basis). AOplece 's Adddw Page 2 7. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty-six months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty six month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. It is understood and agreed that a Parks and Playground Contribution will be required to be made to the City. It is the proposal of City staff to allow the dedication of Outlot A for street and trail purposes to be the entire Parks & Playgrounds contribution. This proposal is subject to approval by the City Council based on the recommendation of the Park Board. It is understood that the normal Parks and Playground contribution for this property would be approximately $7,500. 2. It is understood and agreed that Outlot A shall be dedicated to the City of Hutchinson for use as right -of- way. As compensation for dedicating this right -of -way, in addition to that noted in Paragraph 111. 1, the City shall credit the Subdivider $5,000 on the sanitary sewer and watermain assessments to be constructed in 1998. It is also agreed and understood that if Denver Avenue SE is constructed in this location at some point in the future, the Subdivider will be credited an additional $5,000 on the street assessments (1998 basis). If it is determined that Denver Avenue SE will not be constructed at this location, it is understood that the owner of the property will have the right to repurchase the property from the City, subject to • utility and drainage easements, for $12,500 (1998 basis). 3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Gas Service to Hutchinson Utilities. These fees shall be agreed upon between the Subdivider and Hutchinson Utilities. It is understood and agreed that no permanent direct accesses shall be allowed on TH 15 without approval from the City and the Minnesota Department of Transportation (Mn/DOT). Due to the proposed future construction of Denver Avenue SE on the south side of the parcel, the City agrees that temporary access to TH 15 will be allowed until access can be provided from Denver Avenue. It is understood and agreed that when Denver Avenue is constructed, the City shall include the construction of a new access on Denver and the removal of the temporary access off TH 15, in the above referenced improvement. The drive connection to Denver Avenue shall be at point approximately 333 from the centerline of TH 15. It is also agreed and understood that the City will work with the Subdivider. their consultant and Mn/DOT to review the feasibility of providing a second egress location for the site. It is understood that this egress will not have full accessibility, and will be allow for "right in- right -out', or a "right out" movements only. If the City, Mn/DOT and the Subdivider can not agree on the location or safety of the access, it is agreed that at the discretion of the involved parties an independent traffic consultant may be engaged to review the situation with the City and the Subdivider each agreeing to pay for half of the cost. • I. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. Appk,bee's AdddioWPege 3 2. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. • FEE OWNER: Apple American Limited Partnership of Minnesota Signature STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of 19_, by COUNTY OF Fee Owner. Notary Public, County, Minnesota My Commission Expires APPROVED BY THE HUTCHINSON CITY COUNCIL THE DAY OF 19� • CITY OF HUTCHINSON: • MARLIN TORGERSON, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of 19— by Martin COUNTY OF Torgerson. Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg Director of Engineering/ Public Works City of Hutchinson I I 1 Hassan Street SE Hutchinson, MN 55350 -2522 612- 234 -4208 J Appkdee's Add#iWPege 4 I \ RIDGEWATER COLLEGE I I I b I I I —�-��•' I'I I 1 /I ' I / 1060.2 I I �•� � I , ..n .n..ann u,.\ sr i/. a ,n, W I /. .r ski, r116, RN 11059.7,' I S B9'03ur 'r / epewd q rt. Ora�ea. a Uthy Ear.nt (Try.) /3 / -7r) _ $R I 05; i�l — m.58 — — — — I � \\ t I RT r» az I 5 I— PR AP O E QW NER: LOT Y Sg I I I I a$ ? I BLOCK 18 ° � � 706 �i 066 I I t • � 331-- -- Lz �- - I- � -� 75 -- •I � i 16 8 I ' I j.0 \ 8 I I sev n 1 01 MOT Ai I j roaoo Sv I/. K - } I I S @9'09'IJ" 6 / 1 \ 1073.5 2' I I 1 ____ w,nn xv w Sy I11 14 W I /. .r S.r_ r. T16. a7a m q F OWNER: I I 1 1 G ET I I I 4.a ° �' OWNER: 0651 VIRGIL E. HAJICEK • � � _ - / j t_ i � / f,% /. / ./. i � - - C • Hutchinson City Center 111 Hessen street SE Hutchinson, MN 55350-2522 320 - 587- 5151Fex 320 - 214 -4240 MEMORANDUM May 22, 1998 TO: Mayor and Council FROM: Bonnie Baumetz SUBJECT: AGENDA ITEM 8 B - PRESENTATION BY HOSPITAL ADMINISTRATOR PHIL GRAVES • Mr. Graves presentation will be a "Request for consideration and authorization to proceed with the planning and financing of an expansion to the medical office building and parking lots ". • am W� Primed on recycled paper - 0 RESOLUTION This Resolution is made and entered into this 20th day of May, 1998 by the Hutchinson Area Health Care Board. RECITALS: 1. The Hutchinson Area Health Care Board, in an effort to improve health care in the area served by Hutchinson Area Health Care (HAHC) is presently planning a remodeling and construction effort to rationalize facilities and to better provide services to its customers; 2. The planning effort for the new and remodeled facilities includes cooperation with the Hutchinson Medical Center, PA to allow the Hutchinson Medical Center, PA , the principal tenant of HAHC, to better serve its customers, and to provide necessary additional rental income for a HAHC: Authorization is now sought for continuing the effort. is that the planning decisions made to date are hereby ratified and HAHC Administration is hereby authorized to prepare plans for the contemplated new construction and remodeling effort and to retain the necessary services to complete said plans for consideration by the Hutchinson Area Health Care Board and the Hutchinson City Council. Its: Governing Board Secretary 'Ki iip ' raves r 1 LJ K_I�q HUTCHINSON AREA HEALTH CARE ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III JAMES UTLEY 'ALSO AOMITTED IN TEXAS ANO NEW YORK ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (3 20) 587 -7575 FAX 1320) 387.4096 RESIDENT ATTORNEY G. BARRY ANDERSON May 22, 1998 OF COUNSEL ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 Ms. Marilyn Swanson Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Hutchinson Area Health Care Parking Lot Improvements Our File No. 3750 -88008 Dear Marilyn: 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (e 12) 369 -22 14 FAX (61 2) 369 -5508 At the request of Phil Graves, I am forwarding the enclosed Resolution for action by the City Council at Tuesday evening's meeting. Phil and I discussed this Resolution earlier this week and although he has not seen the final draft, I believe it addresses the issues with which he was principally concerned. By carbon copy of this correspondence to Phil I am asking him to contact me if he has any questions or problems about it so that I can advise the Council of any changes at the Tuesday evening meeting. As you know, some reconstruction work was done at the intersection of Century and Oakland and that work included the dosing of Oakland at that intersection. As I understand it, this project is, in part, a continuation of that effort and the Hospital will bear the costs by way of the standard ten year assessment program- I believe John Rodeberg and Ken Merrill are also in the loop on this transaction. If you need any information or have questions regarding any of the foregoing, please do not hesitate to contact me. Thank you. ) Bpst regards. Very GBA:Jm enc. CC Phil Graves DOVE, PLLP f le. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION RESOLUTION 11023 This Resolution Is made and entered into this 26' day of May, 1998 by the Hutchinson City Council. RECITALS: 1. Hutchinson Area Health Care presently has inadequate parking and access facilities; 2. Hutchinson Area Health Care, working in conjunction with the engineering department of the City of Hutchinson and in conjunction with the finance department of the City of Hutchinson, is presently planning an expansion, reorganization and reconstruction effort of its parking facilities particularly the parking facilities adjacent to and Including the right of way of Oakland Avenue; 3. Hutchinson Area Health Care has requested that the City Council adopt a resolution authorizing the continuation of these efforts and financing of the same in accordance with usual and customary procedures. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hutchinson hereby authorizes the engineering department and finance department of the City of Hutchinson, as well as any other necessary departments of the City of Hutchinson, to engage in coordinated planning with Hutchinson Area Health Care to improve parking facilities for Hutchinson Area Health Care with said improvements to include but not be limited to, parking lot construction, access improvement, application of bituminous and any other necessary improvements. BE IT FURTHER RESOLVED that such improvements be treated as a 100% petition for said 10 Improvements by the affected property owner and that Hutchinson Area Health Care pay for said improvements by way of assessments in accordance with usual and customary procedures. CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary Plotz, City Administrator � ) C 0 Hutchinson City Center Hl Hassan Street SE Hutchinson, MN 55350 -2522 320.587- 5151/Fax 320 - 2344240 -A d D J J`jJ DATE: May 18, 1998 TO: Mayor and Council FROM: Gary Plotz, City Administrator SUBJECT: RECOMMENDATION FROM COMMUNITY FACILITY NEEDS COMMITTEE ON CONSULTING FIRM • The committee solicited "Requests for Proposals" for consulting services to perform a market feasibility and fiscal impact of the convention /conference center /additional ice sheettand senior center. The committee received four proposals, and interviewed two firms. The firms were AdMark Resources inc. ($18,800) and Compass Facility Management Inc. ($19,850). Based on the total scope of services to be provided and the depth of the firm's experience in the field, it was unanimously recommended to hire Compass Facility Management Inc. for $19,850. It is recommended the monies come from the capital improvements fund. The study would be completed by August 1, 1998. The proposed process is attached, along with the consulting team's profile. • L Pnmed .n rmydcd pp, 9 Proposed Process 1. Initial Meeting with Community Leaders (Project Committee) • Set Project Parameters • Establish Time Table • Establish Channels of Communications and Reporting • Receive Input and Direction 2. Inventory and Analyze Comparable Area Facilities • Identify those to be surveyed • Develop questionnaire and test with Project Committee • Mail surveys • Phone follow -up to survey recipients who do not respond within allotted time period • Analysis of available demographic/economic information • Compile and analyze data 3. Survey Potential Facility Users • Compile list of current facility users • Compile list of pre- qualified potential users • Conduct focus group sessions with users • Analyze questionnaire responses and focus group input to quantify facility needs 4. Determine Facility Needs • Develop architectural program for facilities that would address needs of potential clients • Test program with focus groups • Adjust program as indicated by focus group reaction • Establish site criteria • Project construction costs based on comparable construction in similar markets 0 S—� 5. Develop Operating Proforma • Develop operating assumptions • Compile usage loads • Project revenues and expenses 6. Report Findings Submit draft report to Project Committee Meet with Project Committee for reactions, input and redirection Final report to Project Committee and formal presentation and complete documentation Special Qualifications Operator's Perspective Compass and THA will bring to you a true, practical viewpoint that can only come from years of experience developing, opening and operating public facilities. • Small Town Experience with Close Proximity Compass is headquartered in Ames, IA, with on -going operations in Grand Forks, ND; Mankato, MN; and Davenport, I& THA, with offices in Fargo, ND, is experienced in serving small communities, including Thief River Falls, MN and Lakota, ND. • ♦ Easy, Fast and Direct Service 0 Compass and THA will provide quality service to your project — period. No bureaucracy, no excuses, no delays. ��L TEAM PROFILE 0 Steve Peters is the founder and president of Compass. He brings to Compass over twenty years of professional experience in managing every conceivable type and size of facility, from a small, municipal theater, to a major university sports- entertainment - convention complex, to opening a new NBA arena. From 1991 to 1996 he had primary responsibility for servicing the municipal and university accounts of Ogden Entertainment Services. He left Ogden in the fall of 1996 and formed Compass, with the firm conviction that smaller market venues demand a unique type of management approach that the large management companies are not providing. Burt Lyman is new to Compass, having assumed the role of Executive Director of the Mankato Civic Center. Burt also serves as National Director of Marketing and Sales for Compass. His career has included work as a promoter for Sesame Street Live and as a national marketing coordinator for Ogden Entertainment. He had been operating .his own successful events marketing firm in Minneapolis for the past four years. Burt will assist in the surveying and development of market information. Paul Sorum holds a Masters of Architecture degree from the Ohio State University. Paul has worked as an architectural designer in prestigious and large corporate architectural firms in New York and Los Angeles. Paul also taught architectural design at the University of Southern California School of Architecture. Paul was the project designer for the Multi- Events Cultural Center in Thief River Falls, Minnesota. Combined with his extensive knowledge of computer aided design systems, Paul's training and experience in design brings a broad design perspective to the THA team. 0 CITY OF HUTCHINSON ruvrady Finance Department ' ► �d i I 1111 ; 1 1► : 11 k I ji 1111 1; • ; N BIL-14L PO LICY Attached is a proposed policy for city council consideration, which would make the collection of unpaid water bills more efficient. A memo from the water department is also attached for your information requesting consideration of adding a $15 fee. 0 S - D. To: Randy DeVries CC: Diane Olsen, Sue Kohn, Dick Ebert From: Water Department & Billing Staff Date: 05/20/98 Re: Delinquent Water Policy Most of the water and water billing staff feel that the present delinquent and shut oft policies are terribly inefficient and time consuming and in need of overhaul. After discussion among staff it was determined that that the following issues regarding our delinquent water bill policy should be addressed. • Billing staff would like to look at the option available, of generating the shut off notices on the current billing system. • At the time that staff goes to the customer to notify of shut off, we feel that a fee should levied to the customer. This could recoup some of the cost of the operation and hopefully eliminate the . customer who intentionally waits for staff to come and " get " the check. We feel a minimum of $15.00 dollars should be charged. This is the policy of Hutchinson Utilities. • While it is good to extend the courtesy of allowing the customer a payment plan the most waste of time comes from the ones that do not follow through with their payment plan_ Currently we are going back repeatedly after every broken promise to serve notice again. We feel this is not needed or warranted after notice to shut off is given. Sonic customers are getting 3 -4 notices for the same bill. In short, repeated callbacks are an incredible waste of time. • With several people involved in the process there is room for these accounts to "fall through the cracks ". A clear policy, procedure, and communication is needed among staff. In short we would Tike to see one mailed delinquent notice with notice to shut off. followed by one drop off notice with a fee, and shut off if not paid or failure to follow payment plan. 1• • CITY OF HUTCHINSON POLICY - City services - CITY UTILITY BILLING COLLECTION WATER/SEWER /REFUSE . DATE rL-K SOURCE CITY COUNCIL Billing and collection of water sewer refuse bills shall be as follows: Customers will be divided into two groups based upon location in city. Billing will occur as follows: Meters for group "One" shall be read on or about the 25' of the month. Customers will have 25 days to pay without penalty. Meters for group "Two" shall be read on or about the 10' of the month.. Bills will be mailed • within 6 working days after completion of meter. Customers will hive 25 days to pay without penalty. 2. Penalties shall be a minimum of $1.00 cents or 5% of the delinquent amount due. The penalty amount will be separately added on the next regular customer's billing. 3. If amount which has had a penalty applied is not paid at time second penalty is assessed to customer the following actions shall be taken: a. Letter will be sent to customer and if applicable to landlord notifying customer that bill is delinquent and must be paid within 5 working days or water service shall be terminated to customer. This will be the only formal notice to customer. b. In case of hardships city will work with customer as necessary with an acceptable pay plan determined by city administrator and or finance director. In no case will bill allowed to go unpaid longer than 25 days. c. The customer may request a hearing before the Hutchinson City Council. Water service will not be terminated to property until council has made reviewed request. Customer must follow city council guidelines to be placed on agenda. • d. If water service is to be discontinued a city employee before shutting off water shut will inform customer in person or by notice left at the service address. `� d 0 RESOLUTION 411024 WHEREAS, the State of Minnesota has requested a resolution from the City of Hutchinson identifying substantially damaged properties in order to obtain additional funding to continue Flood Mitigation efforts, WHEREAS, The City Council of Hutchinson hereby certifies the attached list of properties are substantially damaged as determined by the City of Hutchinson's Building Inspection Staff. City Staff have inspected these properties and have identified them as substantially damaged according to the City of Hutchinson's Flood Plain Ordinance. NOW, THEREFORE BE IT RESOLVED that the City of Hutchinson has identified these properties as substantially damaged and that these properties are eligible to be included in the State Flood Grant Buy -out program. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Hutchinson on May 26, 1998. • SIGNED: WITNESSED: • i V- 41 Priority Status 1 • = Priority High (voluntary = letter of 1 = Priority interest received) 2 = Medium Residential Properties Property Clearance Priorities Address Priority Type Condition Status P.I.D. 118 & 126 Ontario Sir. SE 1 • Rental /4 -plex subst. damage purchased 06- 116 -29 -01 -0200 136 Ontario Str. SE 1 • Rental subst. damage purchased 06- 116 -29 -01 -0210 421 -1st Ave. S. W. 1• Homestead subst. damage purchased 06- 116 -29 -02 -0080 630 & 646 2nd Ave. SW 1 Rental /duplex subst. damage purchased 06- 116 -29 -01 -0190 605 & 607 3rd. Ave. SE 1 Rental/duplex subst. damage purchased 06- 116 -29 -01 -0230 103 Erie Sir. SE 1 Homestead subst. damage voluntary 06- 116 -29- 02-0410 116 Erie Sir. SE 1 Homestead subst. damage purchased 06- 116 -29 -02 -0270 126 Erie Sir. SE 1 Homestead not subst. dam. voluntary 06- 116 -29 -02 -0280 116 Huron Str. SE 1 Rental subst, damage purchased 06- 116 -29 -02 -0330 126 Huron Str. SE 1 Homestead subst. damage purchased 06- 116 -29 -02 -0340 224 Huron Sir. SE 1 Homestead subst. damage voluntary 06- 116 -29 -01 -0250 336 Ontario Sir. SE 1 Homestead subst. damage purchased 06 -116 -29-08 -0020 546 2nd Ave. SE 1 Homestead subst. damage voluntary 06- 116 -29 -02 -0420 615 3rd Ave.SE 2 Homestead subst. damage purchased 06- 116 -29 -01 -0230 216 Huron SE 2 Homestead not subst. dam. 06- 116 -29 -02 -0430 186 & 196 Third Ave. NE 1 Homestead recently added Address Priority Type Condition Status P.I.D. 2141218 Main Str. 1 • Fahey Sales subst. damage purchased 31- 117 -29 -14 -0050 2951st Ave. NE 1• Simonson Lumber mod. damage voluntary 31- 117 -29 -15 -0320 206 Main Sir. N. 1• Chamber of Commerce mod. damage voluntary 31- 117 -29 -14 -0060 Proposed 338 Ontario 1 Hutch.Co -op Drying Plant not subst.dam. voluntary 146 N. Main Street 1 Hutchinson Pet Hospital not subst.dam. voluntary 23- 056 -2940 37 Monroe Street 2 Betker Builders not subst.dam. voluntary 23- 050 -0250 Priority Status 1 • = Priority High (voluntary = letter of 1 = Priority interest received) 2 = Medium ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. MEGEE CATHRYN D_REHER WALTER P. MICHELS, III JAMES UTLEY +ALSO ADMITTED IN TIE IAS AMO XCV 1.XK Mr. Gary D. Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Resolution Our File No. 3188 -98001 Dear Gary: RESIDENT ATTORNEY G. BARRY ANDERSON May 21, 1998 M V 2 1 , 1998 CITE OF COUNSEL ARTHUR L. DOTEN 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 5459000 FAX (6121 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (61 2) 369-2214 FAX 1612) 388-5506 As discussed earlier this week, I am enclosing herewith a Resolution for consideration by the Council on the consent agenda. • I would suggest that a working group or a Task Force be composed of representatives of the Utilities Commission, Hutchinson Area Health Care and the City of Hutchinson to consider how the City wishes to have legal services delivered in the future. As we discussed, there are a whole variety of possible ways to deliver those services, in varying combinations, and there may be other possibilities that haven't yet been considered. I would encourage the City and Its associated entities to take its time to consider all possibilities, including conceivably making no change, because the opportunity to consider these Issues only rarely arises. Should you have any questions regarding any of the foregoing, please advise. Thank yoy,--,Best regards. Very ANDERSON & DOVE, PLLP • enc. ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA S5350-2563 (320) 587-7 57 5 FAX 1320) 387 -4096 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION RESOLUTION 11022 This Resolution is made and entered Into this 28'" day of May, 1998 by the Hutchinson City Council. RECITALS: Under a resolution adopted by the Hutchinson City Council at its first meeting in January of 1998 legal services to the City of Hutchinson are provided by Arnold, Anderson & Dove, PLLP. 2. The City Council for the City of Hutchinson, served by the office of city attorney, desires to extend the appointment of Amold, Anderson & Dove, PLLP, to allow city staff and council members to plan for the delivery of future legal services; Arnold, Anderson & Dove, PLLP has agreed to accept the extension of the appointment and to provide services at the same rate of compensation and to provide the same level of services to the City of Hutchinson, the Hutchinson City Council, the Hutchinson Utilities Commission and Hutchinson Area Health Care as well as other associated city entities. NOW THEREFORE BE IT RESOLVED that the Law Firm of Arnold, Anderson & Dove, PLLP, Is authorized to continue to provide legal services for the City of Hutchinson until June 30, 1999, under the same terms and conditions now prevailing, and on a month to month basis thereafter subject to 30 days written notice by the City of Hutchinson to terminate said services. Dated: CITY OF HUTCHINSON • By: Marlin Torgerson, Mayor Attest: Gary Plotz, City Administrator 0 9 PC,) �.-• ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • DAVID B. ARNOLD STEVEN A. ANDERSON G -BARRY ANDERSON' LAURA K. FRETLAND PAUL D- DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, 111 JAMES UTLEY 'ALSO .ADMITTED IN TEXAS AND NEW YORK Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: City of Hutchinson/Wetherell Our File No. 3244 -97115 Dear Gary: Anderson RESIDENT ATTORNEY G. BARRY ANDERSON May 26, 1998 I am enclosing herewith a redlined and dean copy of the Wetherell Purchase Agreement. This should be placed on the agenda this evening for action by the City Council under additional business. Counsel for Mr. and Mrs. Wetherell requested a series of changes in the agreement, almost all of which were minor and are • language oriented as you can see from the drafts. Addendum No. One sets out in a little greater detail that the City will be responsible for any environmental conditions it creates on the Wetherell property and Mr. and Mrs. Wetherell will be responsible for any environmental conditions that presently exist or that they create. I did ask John Rodeberg to secure the names of a couple of environmental firms to conduct the appropriate Phase Two testing. We will get the Purchase Agreement signed this week so that the testing can be completed within 30 days and we can have the closing completed by July 1. Should you have any questions regarding any of the foregoing, please do not hesitate to contact me. Thank you. Best regards. Very truly your, GBA:Jm enc. • MAY ? 6 1998 CM OF HUTCHASON OF COUNSEL ARTHUR L. DOTEN 8661 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 845 -9000 FAX (612) 548 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (61 2) 36P2214 FAX 161 2) 369 -5505 1 I 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (3 20) 587 -7575 FAX (320) 867 -4096 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 WETHERELL 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, • attorneys, 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.) Indemnification - Buyer shall pay all costs and expenses of its Due Diligence and Buyer shall further fully repair and restore any damage to the Property caused by, arising out of, or occurring during or in connection with its Due Diligence, and Buyer shall return the Property to the same condition as existed prior to the same and/or any other entry onto the Property, as determined in the reasonable judgment of Seller. Buyer hereby indemnifies and agrees to defend and hold harmless Seller from and against any and all debts, Hens, claims, causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), personal injuries, losses, damages, liabilities, demands, interest, fines, penalties and expenses , including reasonable attorneys' fees and expenses, consultants' fees and expenses, court costs and all other out - of- pocket expenses, suffered or incurred by Seller that are caused by or arise out of the breach of Buyer's covenants, representations and/or warranties contained in the Agreement. The obligations and liabilities of Buyer under this Section 2 shall survive the termination of this Agreement. Nothing herein shall be construed to in any way limit the obligation of Seller to remediate any environmental hazards or risks on said property and to indemnify Buyer from any liability associated therefore, provided, however, that Buyer shall be responsible as set out in this paragraph for any risk created or increased by the actions or non- actions of Buyer- 0 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 Property to Buyer. Seller accepts, and is relying on, the same as a material inducement to enter into this Agreement. 4.) Assignment - Neither Buyer nor Seller may assign this Agreement without the prior written consent of the other party. Any attempted assignment without prior written consent shz 7e void at the option of the non - consenting party. No assignment shall release or relieve the assit, ig party from any obligations or liabilities under this Agreement. The assigning party shall immediately notify the other party of any assignment or proported assignment and shall include with such notice a true and complete copy of the assignment document. Any written consent contemplated under this Agreement shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. One as of the day and year first above written. BUYER: CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator SELLER: Mary Ann Wetherell Gary Wetherell • lJ PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into this day of May, 1998, by and between the City of Hutchinson, a Minnesota municipal corporation (Buyer), and Mary Ann Wetherell and Gary Wetherell, husband and wife (Seller). RECITALS: 1. Sellers, residing at 1145 Arch Street, Hutchinson, Minnesota 55350 desire to sell the following described real estate: That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29, McLeod County, Minnesota, and that part of Lot 7 of the Auditor's Plat of the West Half of said Section 5 described as beginning at the Northeast comer of Lot 8 of said Auditor's Plat; thence on an assumed bearing of South along the East line of said Lot 8 a distance of 719.75 feet to the centerline of a township road; thence South 64 degrees, 04 minutes, East along said centerline a distance of 944.21 feet; thence North a distance of 1142.40 feet to a point bearing East from the point of beginning; thence West a distance of 849.13 feet to the point of beginning. �1O; • That part of the 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 8 of the Auditor's Plat of the West Half of Section 5, Township 116, Range 29; 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 minutes East along said centerline a distance of 944.21 feet to the point of beginning of the parcel herein described; thence continue South 64 degrees, 04 minutes East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet to a point bearing East from the Northeast corner of said Lot 8; thence West a distance 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 property; 3. The parties hereto have reduced their agreement to writing. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree and contract as follows: 1. OFFER AND ACCEPTANCE: 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 this sale is Three • Hundred Fifty Five Thousand and no /100 Dollars ($355,000.00) with the sum of Three Hundred Forty Thousand and no /100 Dollars (340,000.00) to be paid in cash at the time of closing and the balance to be paid pursuant to the terms of paragraph 15 as set forth below. One Hundred Thousand and no /100 Dollars (100,000.00) of the purchase price paid herein shall be attributed to relocation expenses but no additional payments shall be made by Buyer to Seller for relocation benefits. 3. DEED AND MARKETABLE TITLE: Upon performance by Buyer, Seller shall execute and deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject to the folldwitolt8Qt�eiy "L>4rmi#ts�tl Ectttnbrnt °�j: (a) building an zoning laws, ordinances, state and federal regulations; (b) restrictions relating to use or improvement of the property without effective forfeiture provisions; (c) reservation of any mineral rights by the State of Minnesota; (d) utility and drainage easements which do not interfere with existing improvements; (e) exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer in this purchase agreement (must be specified in writing) atity otftea ebxatcetc�t tikae(y vbed to putt to Six tttm $ t�tbis Armet 4. REAL ESTATE TAXES AND ASSESSMENTS: Seller shall continue to pay real estate taxes as the same fall due and shall not permit said real estate taxes to become delinquent until Seller vacates the premises. Taxes due and payable in the year Seller vacates the premises shall be pro rated to the last day of occupancy of the premises by the Seller. Occupancy is defined 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 Fifth Avenue as constructed shall be pro rated for calendar year 2000 with seller paying one -fourth of said taxes and buyer paying three -fourth of said taxes unless Seller vacates said premises earlier in which case Buyer Seller and B based on the date of vacation by Seller. In no event shall Seller pay taxes in an amount greater than the 1998 tax level assigned to said property and Buyer shall pay all assessments whether levied, pending or deferred. 6. BOUNDARY LINE ACCESS RESTRICTIONS AND LIEN WARRANTIES: Seller warrants that to tltebtff Sellers' lco�trled$e buildings if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that t6 11 befit isf SelIer3' kjjo i $d there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that to tl1C best of • 5. DAMAGES TO REAL PROPER propert .. d . 1 ' dama p rior f the • • _ n .1 . . . . . :. IN V IA.�111�11!♦p•�IIVIlRl4•�•1� R� �I111111�•:'1q 11Vt•IIN1 ►•�l. •• •1 1 • 11 :. • 1 • e d Sellers' wt {edge there are no present violations of any restnctions relating to the use or unprovement of the property As RtSed itt JU Agreeittettt, "ta best ci>"S rs': krw~� ledge" anxt 7. DISCLOSURE OF NOTICES: Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation affecting the property. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 8. EXAMINATION OF TITLE: Within a reasonable time after the acceptance of this agreement, Seller shall furnish Buyer with an Abstract of Title.or a Certificate Showing Condition of Register aar�certified to date including proper searches covering bankruptcies and State and Federal judgements, liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Certificate Showing Condition of Register either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Seller of the application. Buyer shall have utttl{ tl ear r £2b dapsafter receipt oftbe 00#4006, lU p qt ten (I O) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objection not made within the ten (10) day period, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not a specified above. 9. TITLE CORRECTIONS AND REMEDIES: Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances nqt disputed b: 5sr11er for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt, borvetrer, selldt sltsll)re tutde nss ttbligatlr�n its give atty Abject att If the estitttatacl!or actual cast is �5,fl€1II UI3 or maxi: Pending correction of title, all payments required herein and the closing.shall be postponed. (A) If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. (B) If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer ©r Seller may declare this agreement void by notice to Seller the ether, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. (C) If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to . proceed in good faith, Buyer may seek, as permitted by law, one or - more of the following: 1 hi die ..• o the vb • t . • w o an 1 e• a rtd may, (a) seek damages; cos • • • • 1 �• b l aw ( darnages under t his • • • LI . . • mHbe 2. Rescission of this purchase agreement by notice as provided herein, in which case the purchase agreement shall be void and all earnest money paid hereunder shall be refunded to Buver! atta r tr z shall "have amv other obti94 ' lte>`e nd t cr"the 10. ENVIRONMENTAL CONTINGENCY: An environmental survey and assessment #fte 0btairn#.ItyBuyer atuyet's COtf must demonstrate the above described property is free of any and all hazardous or toxic substances, material or waste. The term "hazardous or toxic substances, material or waste" _means any substance that is toxic, ignitable, explosive, reactive or corrosive or otherwise defined as hazardous and that is regulated by the City of Hutchinson, the County of McLeod, the State of Minnesota or the United States Government and that exceeds the levels of regulatory tolerance including, but not limited to, substances regulated under the Federal Water Pollution Control Act, the Federal Clean Air Act, the Federal Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substance Control Act, or under the Solid Waste Disposal Act, petroleum or its derivatives and products, asbestos or polychlorinated biphenyls (pcb's). The Seller hereby grants to the Buyer, its successors and assigns, and their agents and employees, permission to enter upon the property to conduct the environmental survey and assessment. The Buyer agrees to save, indemnify and hold harmless the Seller from and against all costs, expenses, damages or liabilities arising out of or in connection with the conduct of an environmental survey and assessment (other than costs, expenses, damages or liabilities for investigation, remediation, removal or clean-up of conditions encountered during the environmental survey and assessment). This contingency shall expire and be of no further force and effect thirty days from the date of execution hereof and shall be deemed waived by Buyer unless notice is given by Buyer pursuant to this agreement to avail itself of this contingency. 11. LEASE: For good and valuable consideration as set forth elsewhere in this agreement, Seller shall be permitted to lease the above described premises, subject to the terms and conditions of this Agreement, for a period of three years with said lease terminating at the close of business on March 31, 2001. Seller agrees to pay al] taxes (in an amount not to exceed 1998 levels and as set forth in paragraph four above) and to pay all expenses of occupancy including but not limited to insurance and utility charges during Seller's occupancy of the premises. Seller agrees that no waste of the premises will be permitted and the weeds will be controlled as required by law. Seller agrees • • • to maintain the premises in a condition that complies with the usual custom and practice of the area and that is not unsightly provided, however, that Seller shall not be required to repaint or reside o pail city c+ther gigtit ps tatetiai repair ttr;rcemcrtt in Oi' tp any buildings because all parties acknowledge that it is the intention of the Buyer to remove said buildings following termination of Seller's occupancy as set forth herein. Seller agrees that no action or inaction taken by the Seller's during the period of occupancy will increase the level of environmental risk relative to the above described property. On or before April 1, 2001, or April 1, 2000 as to the parcel north of a proposed Fifth Avenue, Seller will remove all personal property, equipment, inventory, goods and belongings leaving only the structures that are presently located on the premises and any fixtures associated with said structures. Seller agrees to permit no liens of any sort to be established against the property including but not limited to mortgage liens, UCC liens or mechanic's liens. 12. COOPERATION: Buyer agrees to give Seller 30 days notice of intent to begin the physical construction process for roadway purposes. Buyer agrees to use best efforts to confine actual construction work within the described right of way as set forth on project maps but both parties acknowledge the construction process will require work in and around the right of way area. Buyer agrees to allow Seller to have access across the construction area to and from the parcels on the north and south side of the roadway right of way to the extent such access does not impair or impede the construction process. Buyer agrees to give Seller reasonable notice of lengthy periods where access across the right of way construction area will not be possible due to construction efforts. Seller understands and acknowledges that roadway materials, heavy equipment and other construction property will be stored on the subject property and Buyer agrees to use best efforts to keep such material either within the right of way area or at least away from the present improvements located on the premises. Each of the parties agrees to cooperate with the other in effecting the purposes of this agreement. Without limiting the generality of the foregoing, Seller agrees to keep Buyer fully informed of its uses for the property and its intentions regarding termination of occupancy of the property. 13. SALVAGE: Seller shall be entitled to salvage material, wood, windows, metal or any other goods or materials from and around the improvements located on the above described real estate, provided, however, that the structural integrity of all buildings must be maintained at all times and that all 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 times. Buyer and Seller specifically agree that Seller may salvage from the premises fixtures including but not limited to heating, plumbing and cabinetry improvements. All salvage work must be completed no later than April 1, 2000, with respect to the property north of proposed Fifth Avenue or April 1, 2001 with respect to all other property covered by this purchase agreement. All salvage efforts must comply with applicable local, state or federal rules, regulations or statutes. Seller acknowledges that Buyer will not provide utility services to the structures following the date of closing and that Seller exercises all salvage rights granted herein at Seller's own risk. Salvage rights do not extend to removal of any top soil or other material unless otherwise agreed by the parties in writing. 0 14, INSURANCE: Seller agrees to insure the property for liability purposes and agrees to add the City of Hutchinson as an additional name insured to any policy of insurance granted herein. Seller shall not be obligated to carry Fire Loss or Windstorm Coverage on said property as the parties acknowledge that Buyer intends to demolish and remove structures and improvements upon occupancy of the property by Buyer. 15. 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." 16. RETENTION: Buyer shall retain the sum of Ten Thousand and no /100 Dollars ($10,000.00) (W"R etaieed At0uitt' °j which shall bear interest at the rate of 7.5% per annum from and after the date of closing herein. The 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 iiAadert a rms and conditions of this agreement have been i n *: 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 herein ttt th€s Sec#idtt TG shall be interpreted to be 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. Seller 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. 17. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE: Seller agrees to provide, prior to closing, standard Minnesota forms showing the location of and all other required data concerning any wells or individual sewer systems on the above described property. Seller agrees not to drill any additional wells or install or improve any individual sewer systems without the written permission of Buyer. 18. SUBLEASE OR ASSIGNMENT: Seller may not assign, sublease, transfer or convey in any way the i4SebitCk� rights granted by Buyer to Seller pUMMM t A.00 ph, I o 1E€e tlgreerttew to any other party, individual or entity without obtaining the prior written consent of the Buyer, vvltiCh t Buyer; s salt tutu...... abIyr itb a d,; 19. SUCCESSORS AND ASSIGNS: This agreement shall apply to, inure to the benefit of, and be binding upon and enforce able against the parties hereto and their respective successors and assigns. 20. DEFAULT: If either party defaults under this agreement, the other party shall, within thirty days thereafter, by written notice to the defaulting party, give notice of the default and if the defaulting party fails to cure non - performance, the non - defaulting party shall be entitled to all rights under the laws of the State of Minnesota including but not limited to, and not to the exclusion of other remedies, the right on the part of Buyer to retain pLoceeds other wise jjayWe to Seller as set ......... ............................... theRetamed Amount. In the event of a default, the prevailing party shall be entitled to reimbursement of the prevailing party's reasonable attorneys fees. Tht.1 J,d &y 21. NOTICES: All notices, demands or consents provided for in this agreement shall be in writing and shall be deemed given when delivered to the parties hereto by hand or by United States Registered or Certified Mail, return receipt requested, with postage prepaid. All such 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. If to Seller: Gary Wetherell and Mary Ann Wetherell 1145 Arch Street Hutchinson, MN 55350 With a copy to: EM I Y Martin G I ke Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 -1194 If to Buyer: City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Attn: City Administrator With a copy to: G. Barry Anderson, Esq. Arnold, Anderson & Dove, PLLP 101 Park Place Hutchinson, MN 55350 22. GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 23. SURVIVABILITY This Agreement shall survive the closing contemplated herein. 24. ENTIRE AGREEMENT This Agreement forms the entire agreement by and between the parties and there are no other understandings, agreements or commitments outside of this Agreement. 25. ATTORNEYS Both parties have retained counsel of their own choosing and have been fully advised by counsel about the terms, conditions and ramifications of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. Gary Wetherell Mary Ann Wetherell CITY OF HUTCH NSON Attest: Its Mayor Gary D. Plot2, City Administrator U OR'tTI -HOLD COUNCIL REPORT 26- MAY- 1998page 1 -------------------- 1980 TIDS ----------- ---------- ---- JOHNSON, LEONARD G. ---- ------------------------------ JUNE PAYMENT $812.76 $812.76* 1950 IMPROV. BDS MCLEOD COUNTY RECORDER FILING FEES $29.50 < *> $29.50* 1995 IMPRO CONST JUUL CONTRACTING CO UNION, COPPER, BACKHOE, LABOR $232.00 < *> $232.00* 1996 IMPRO CONST COMM TRANSPORTATION MATERIAL TEST & INSPECT $1,557.04 <*> ,51,557.04* 1996 IMPROV D.S. MCLEOD COUNTY RECORDER APRIL FILING FEES $95.50 <*' $95.50* AIRPORT RENOVAT. MCLEOD COUNTY RECORDER FILING FEES $19.50 < *> $19.50* CAP.IMPRO.FUND ROBINSON APPRAISAL CO WETHERELL PARCEL REVISIONS $75.00 SCHNITKER & ASSOC PROF SERVICES - WETHERELL PROP $427.50 < *> $502.50* CENTRAL GARAGE ARNOLD'S OF GLENCOE O'RING, SEAL, KIT $161.05 BRANDON TIRE CO MOUNT /DISMNT $51.39 CARQUEST AUTO PARTS CREDIT $143.87 DATASTREAM SYSTEMS MP2 SYSTEM, TRAINING $100.00 FORBES AUTO REPAIR TIRE $10.00 INTERSTATE BATTERIES BATTERY LAKES GAS CO. REGULATOR, PRESSURE GAGE $ $57.46 26.57 MACQUEEN EQUIP INC HARDWARE $979.56 MTI DIST.CO SPRING, COUPLING, SPACER $472.22 NO STATES SUPPLY INC HARDWARE $86.35 • SHOPKO SIMONSON LUMBER CO _ PHOTO PROCESS WHITE SAND $2.33 $8.92 ST.JOSEPH'S EQUIPMENT INC HOSE ASSY $85.70 TERMINAL SUPPLY CO TIE RAP $127.05 UNITED BLDG CENTERS LUMBER, FOAM BRUSH $8.49 WAHL REBUILD & REPAIR INC 34 LBS FLAT, 16 LBS ALUM DECK $52.18 <*> $2,373.16* GENERAL FUND AMERICAN RED CROSS AQUA FITNESS $20.85 BCA /TRAINING & DEVELOPMENT REG- STEVEN M MOGARD $50.00 BERGHUIS, MICHELLE REFUND SHELTER RESERV $20.00 BERKLEY RISK SERVICES PROFESS CONSULT -MAY $800.00 BERNICK & LIFSON PROFESS SERV $407.00 BIG BEAR BARREL PUMP $141.54 BISBEE, RITA REFUND- CANCEL BASEBALL $33.00 BRAND, JUDY REFUND- CANCEL SWIM /TOO YOUNG $22.00 BRANDT GARMET LETTERING EMBROIDERED SHIRTS $234.75 BRAUN INTERTEC CORP PROFESS SERV -PVMT MGMT SYSTEM $564.00 BREWER'S BAND, JIM SENIOR DINNER /DANCE $150.00 BRINKMAN STUDIO PHOTOFINISH $23.14 BROWNS FLORAL FLOWERS $41.34 BUSINESSWARE SOLUTIONS KEYBOARD W95 $209.33 BYRON, LISA REFUND -CLASS CANCELLED $18.00 CADD /ENGINEERING SUPPLY BLUDLINE $425.11 CAMERA SHOP DEVELOP & PRINT, CS /P $122.28 CARR FLOWERS FLORAL WREATH -B MATTSFIELD $63.90 CASH WISE SUPPLIES $112.89 CENTRAL LANDSCAPE SUPPLY ARBORTIE GREEN 250' $34.76 CENTURY LABS POOL PAINT $394.96 CHEMSEARCH FRESH SENSE, CINNAMAGIC $604.94 COAST TO COAST NUTS, BOLTS $23.54 COLORADO TIME SYSTEMS CONSOLE $85.00 CORRECTIONAL TECHNOLOGIES PERFECT INK $132.95 CORWINE, BILL SOFTBALL OFFICIAL $64.00 CRIME PREVENTION RESOURCES SAFETY VIDEO $65.00 CROW RIVER VET CLINIC APRIL CHARGES $198.62 1 1,4 -A, OPEN -HOLD COUNCIL REPORT 26- MAY- 1998page 2 --------------------------- ------------------------ GENERAL FUND DATASTREAM SYSTEMS ---- --- - --- ---- ------- -- -- - ---- MP2 SYSTEM, TRAINING --------- $100.00 ---- -- DEPT NATURAL RESOURCES DNR FEES TO STATE $1,200.00 DOMINO'S PIZZA PIZZAS & POP $98.40 DON HUME UNIFORMS 190.46 DREW'S QUALITY REPAIR SADDLEBAG, AIRTECH, BLACK TRIP 404.10 EARL ANDERSON ASSOC 4 WAY SIGN $5,911.60 ELECTR0 WATCHMAN QUARTERLY CHARGE $603.86 EMANS, HARLAND LAWN MOWING $144.00 FABER, JAMES REFUND AIRPORT FUEL CARD $25.00 FAMILY REXAL . DRUG PHOTOS $30.24 FARENBAUGH, KRISTINE REFUND- CANCEL SWIM /TOO YOUNG $22.00 FENSKE'S STUMP REMOVAL STUMP REMOVAL $1,216.26 GE CAPITAL SOFTWARE $11,057.89 GENERAL OFFICE PRODUCTS EASEL, EASEL TOP 69.24 GEORGE, ROXANNE REFUND- CANCELLED SWISHER CMP 33.00 GODFATHER'S PIZZA PIZZAS 77.68 GROEHLER, FLOYD REIMB -STEEL BOOT 93.97 1 10.00 HAAG, DELTON REFUND- CANCEL SHELTER RESERV 18.00 HAUER, LEEANN REFUND- CANCEL SWIM /TOO YOUNG 22.00 HAUGEN, MARY REFUND -CLASS CANCELLED HAWKINS WATER TREATMENT GROUP ACID, CHLORINE, CAUSTIC SODA $1,585.61 HEALTH SERVICES OF NORTH AMERI DRUG TESTING 107.00 HENRYS FOODS INC CANDY, GUM, POPCORN 513.50 HENSEN, MARK REIMS- MEALS, MILEAGE $45.92 HIGGINBOTHAM, RUTH REFUND SR TOUR $12.00 HILLYARD FLOOR CARE / HUTCHINSON URINAL SCREEN W /BLOCK $176.42 HOUSKE- JACKLITCH, ANN REIMB -MEALS $6.92 HUTCH CONVENTION & APRIL LODGING TAX $4,193.98 HUTCH FIRE & SAFETY EXTING INSPECT $308.63 HUTCH MEDICAL CENTER EXAM, DRUG SCREEN $248.00 HUTCH PLBG & HTG CO SPRAY HOSE $100.68 HUTCHINSON UTILITIES APRIL GAS & ELEC $6,836.71 J.C.PENNEY CO PANTS $107.71 JERABEK MACHINE SERV PLATE $11.47 KLOSS, TOM REIMB -STEEL TOED BOOTS $49.99 KOCK'S JEWELRY ENGRAVE MEDAL $5.75 L & P SUPPLY CO USED LB SP $159.75 LAMBERT, CONNIE REFUND - OVERPAYMENT VBALL $60.00 LEE, DAVE OVERPAYMENT OF LEAGUE $105.00 LESS GAUSS _FEES GLARE SCREEN $77.95 LITTLE DUKES CAR WASHES $78.00 LOGIS APRIL SERVICE $10,188.42 . MARKA, JAMES REIMS -MEALS $38.90 MBPTA MEMBER SHIP DUES -M M SWANSON $30.00 MCGARVEY COFFEE INC COFFEE $180.52 MCLEOD COUNTY AGRICULTURAL ASS LEACE AGREEMENT $40.00 MESSNER, GERALD REFUND- CANCEL DRIVING CLASS $12.00 METRO ATHLETIC SUPPLY VOLLEY NET 215.13 MID -MN HOT MIX INC 41 A WEAR 431.57 MIDWEST WIRELESS COMM. MAY SERVICE 775.02 MN MUNICIPAL BOARD FILING FEES $200.00 MN REC & PARK ASSC MEMBERSHIP RENEWAL -M HAUGEN $1,131.00 MN SPORTS FEDERATION TEAM SANCTIONING $364.00 MN STATE ARMORY BLDG.COMM PAYMENT OF CONSTRUCTION $7,000.00 MODERN MAZDA POLICE TOW 40.00 NORTH STAR TURF INC GEN TURF MIXTURE 76.43 PARTIES PLUS TISSUE PAPER, RIBBON, NAPKIN 17.25 PASS, TROY P-EIMB- BATTERIES $4.97 PETERSON BUS SERVICE MOTOR COACH TO MAYER $220.00 PETERSON, SONJA REIMH -STAMP & CERT MAIL $3.09 PLOTZ, GARY D. REIMB- MEALS, MILEAGE $53.48 POPP, CONNIE REFUND -CLASS CANCELLED $8.00 PREMIER CROWN CORP LINER $31.66 PRO MAINTENANCE EPDXY /CRU FLOOR COATING $975.00 QUADS ELECTRIC LIGHTS $109.79 REINER, DORIS REFUND - CANCEL BIRDS CLASS $9.00 RICMAR PRE -COAT $117.10 RIZZO, JULIE REFUND -CLASS CANCELLED $8.00 RODEBERG, JOHN REIMB - MEALS, LODGING $932.46 RONALD JOHNSON CONSULTANT SET UP NEW SYSTEM $100.00 SCHEELE, BRENDA REFUND -CLASS CANCELLED $20.00 SCHUFELT, JEFF OVERPYMT OF LEAGUE FEES $94.00 SERVICEMASTER CLEANING CARPETS & TILE FLOORS $2,537.37 SEVEN WEST TRUCK STOP PIES $45.29 SHOPKO CLEANING SUPPLIES, TISSUE 39.41 SHRED -IT SHREDDING SERVICE 49.95 r � U OPEN -HOLD COUNCIL REPORT 26- MAY- 1998page 3 ------- --------- GENERAL FUND -------- - - - -- - --------- SIMONSON LUMBER CO ---------------------------------------- LUMBER, UNDERLAY $772.86 • SORENSEN FARM SUPPLY SPECIAL OPERATIONS TRAINING AS CHAIN REG -TOM GIFFERSON $8.15 $35.00 WATER /SEWER STANDARD PRINTING PAPER $451.70 TAB PRODUCTS TASK CHAIR $382.82 TONAK, GLORIA REIMB- MEALS, MILEAGE $80.84 TRANSICARD FUEL $14.27 TRI CO WATER COND BOTTLED WATER $132.76 TRIPLE G DISTRIBUTING INC POP PURCHASE $39.80 TWO WAY COMM INC ANTENNA 617.98 • UNITED BLDG CENTERS BATH PANEL,PLYWOOD, FOAMULAR 161.23 VERSA -VEND VENDING INC CANDY 335.72 VIKING SIGNS GRAPHICS ON BLAZER 295.20 1753.55 WAL -MART PHONE ACCESS 242.10 WARNING LITES OF MN 8' PLASTIC BLANK WECKWERTH, MELISSA REFUND - CANCEL GARDEN PLOT $13.00 WINZER CORP PARTS $308.85 XEROX COPIER CHARGE $649.26 < *> $72,575.49* HUTCH COMM DEV.0 MCLEOD COUNTY RECORDER FILING FEES $87.00 MIDWEST WIRELESS COMM. MAY SERVICE $29.15 PELLINEN, WILLARD PROFESS SERV $500.00 SUBWAY PORTION PLATTER, CHIPS, DRINKS $25.06 < *> $641.21* HUTCH TRANS FAC. BUSINESSWARE SOLUTIONS SEAGATE SYSTEM $203.42 CASH WISE CUPS $11.95 GE CAPITAL SOFTWARE $228.98 GENERAL OFFICE PRODUCTS CO WORKSTATION $2,175.22 L & P SUPPLY CO COVER, LABOR $10.44 MCGARVEY COFFEE INC COFFEE $35.63 QUADE ELECTRIC PARTS, LABOR $104.30 < *> $2,769.94* INSURANCE FUNDS CASH WISE BAGELS, FRUIT _ $39.43 0 < *> - $39.43* LIQUOR STORE BELLBOY CORP MAY MISC PURCHASE $2,173.65 BUREAU OF ALCOHOL ETC SPECIAL TAX RENEWAL $250.00 CITY OF HUTCHINSON LOTTERY PAYMENT $1,180.19 DIAMOND CLEAR ICE PARTY PAK $42.90 ED PHILLIPS & SONS CO. MAY WINE PURCHASE $8,864.45 GRIGGS & COOPER TOBACCO DIV MAY MISC PURCHASE $526.41 GRIGGS COOPER & CO MAY LIQUOR PURCHASE $19,378.12 JOHNSON BROTHERS LIQUOR CO. MAY WINE PURCHASE $15,170.34 JORDON BEVERAGE INC. MAY BEER PURCHASE $3,884.53 LENNEMAN BEVERAGE DIST. INC MAY BEER PURCHAE $8,359.15 LEO'S TRANSFER APRIL /MAY FREIGHT $969.89 LOCHER BROS INC MAY BEER PURCHASE $29,848.70 PINNACLE DISTRIB MAY MISC PURCHASE $427.50 QUALITY WINE & SPIRITS CO. MAY LIQUOR PURCHASE $3,341.41 STANDARD PRINTING TX -2511, TX -2411 $148.28 TRIPLE G DISTRIBUTING INC MAY BEER PURCHASE $40,826.15 < *> $135,391.67* PUBLIC SITES MCLEOD COOP POWER c *> ELEC HOOK UPS $800.00 $800.00* SCDP 97 Heg Reh HEXUM, AARON WINDOWS $3,022.87 < *> $3,022.87* WATER /SEWER FUND ASHBROOK SPRAY NOZZLE $378.86 BAILEY - FISCHER & PORTER MOTOR ASSY $227.43 BROWNS GREENHOUSE APPLE TREE $21.29 CASH WISE BAKERY $24.02 CDI OFFICE PRODUCTS LTD FOLDERS, MARKERS, TRAY, $58.40 CHAMPION AUTO STRONG ARM LIFT $21.99 CONSTRUCTION BULLETIN DEMOLISH WWTP AD $98.60 • OPEN -HOLD COUNCIL REPORT 26- MAY- 1998page 9 ------------------------------------ ------------ WATER /SEWER FUND CUSTOM DIMENSIONS INC --- --- ------------- OFFICE CABINETS & INSTALL --------------- $3,881.00 D.P.C.IND.INC CONTAINER, CYL DPC $1,268.07 DATASTREAM SYSTEMS MP2 SYSTEM, TRAINING $494.88 GE CAPITAL SOFTWARE $2,261.00 GOPHER STATE INC APRIL SERVICE $157.50 HAROLD'S CARTAGE OTHER CONTRACTUAL $31.00 HUTCHINSON UTILITIES APRIL ELEC 358.69 INSTRUMENTATION SERVICES INC ENMET OXYGEN CELL 122.82 ISCO INC PUMP TUBING ASSY 123.77 KOHN, SUE REIMS- MEALS, MILEAGE $55.44 L & P SUPPLY CO BLADE, OIL FILTER $378.87 LAKESIDE EQUIPMENT CORP BEARINGS $2,143.00 LOGIS APRIL SERVICE $2,233.85 MCGARVEY COFFEE INC HOT CHOC, COFFEE $103.55 MCNICHOLS CO PERFORATED METAL $155.49 MIDWEST WIRELESS COMM. MAY SERVICE $27.90 MINNESOTA BIOSOLIDS RECYCLING STATE FAIR EXPENSES $55.00 MN RURAL WATER ASSC. MEMBERSHIP DUES 185.00 MN VALLEY TESTING LAB WATER TESTS 162.00 NATURTECH COMPOSTING PROFESS CONSULT, MILEAGE 220.00 1329.27 NCL LAB SUPPLIES OLSEN, DIANE REIMB -MEALS $6.79 RUST ENVIRONMENT PROFESS SERV -WWTF DEMOLITION $4,250.67 SCHILLING PAPER CO TISSUE, TOWELS $91.70 SCHRAMM IMPLEMENT AGCO -ALLIS 8630 $20,000.00 SERCO LABORATORIES WATER TESTS $313.60 SOUTHERN MINNESOTA COMPOST MULCH $17.04 TWO WAY COMM INC BATTERY $239.63 US FILTER /WATERPRO REGISTER $4,813.46 WELCOME NEIGHBOR APRIL LISTING $60.00 WITTE SANITATION TRUCK TIME & LABOR $330.00 < *> $45,701.58* $266,564.15* 0 0 IMMEDIATE PAY COUNCIL REPORT 26- MAY- 1998page 1 _ ____ __ __ ________ GENERAL FUND __ _____________ _____________________-_-__-_ COLVIN, SAM & SHARI _- ___________- FINAL CLAIMS PAYMENT _- _______________ $461.52 DEPT NATURAL RESOURCES HUTCHINSON TEL CO DNR FEES TO STATE MAY SERVICE $1,530.00 $450.17 MCLEOD COOP POWER APRIL ELEC $738.25 MINNCOMM PAGING MAY SERVICE $241.33 MOTOR VEHICLE BIKE & PADDLE BOAT LICENSES $99.00 < *> $3,520.27* LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $241.00 CITY OF HUTCHINSON-G • FUN PAYROLL 5/8/98 $7,880.07 QUALITY WINE & SPIRITS CO. MAY LIQUOR PURCHASE $749.98 TRAVELERS DIRECTORY SERVICE ADVERTISING $243.00 <'> $9,114.05' WATER /SEWER FUND MN DEPT OF HEALTH REG -DICK EBERT $90.00 RUTTGERS BAY LAKE LODGE LODGING -DICK EBERT $366.62 UNIVERSITY OF MN SOIL TESTING $240.00 < ;> $696.62+ $13,330.94+ r 1 LJ • • AUTCHINSON SAFETY COUNCIL FOR YOM 11VFORMATIOR The Hutchinson Safety Council met on Monday, April 27, 1998 in the Elk's Lodge at noon. Members present were: Kay Peterson, David Mueller, Casey Stotts, Joyce Rix, John Olson, Larry Ladd, Dick Higgins, Loiretta Pishney, Lucille Smith, Leslie Smith, Myron Johnson, Frank Murphy, and Vi Viesselman. Pearl Seale attended as a guest representing the Legion Auxiliary. President Dick Higgins conducted the business meeting. The secretary's report was read and accepted. The Treasure's report showed that there is a balance of $374.25 in the savings account. The balance in the checking account is $144.13 after a check of $150 was given to the Bike and Blade Rally. Officer Dave Mueller reported that things were set for the Bike and Blade Rally on May 2nd. He invited anyone who had interest to come and help out Kay Peterson reported that she had a conversation with John Rodeberg about the traffic problems around the Middle School. The street improvements are on hold until the property across the street is formally annexed to the city. John Olson reported that the "No Parking" area near the Century Street entrance from the west Ridgewater parking lot will be extended to allow better visibility of oncoming traffic. Officer Dave Mueller discussed the "Growing Pains" that the city is experiencing as far as traffic is concerned. There are an estimated 20,000 people that are involved in traffic flow in the city every day. Some problems will be dealt with when the improvement project for Highway 7 is begun. Kay Peterson suggested that the Council Members compile a list . of problem street areas and intersections and an overview of the cause of concern, to be turned over to the City Traffic Division. Items for this project should be brought to the next meeting. It was expressed that the completion of the 5th Avenue bridge may help some of the City traffic problems. Officer Mueller also announced that there is now a city ordinance banning bike and blade traffic on the sidewalks on downtown main street. Casey Stotts announced that the State has hired a Juvenile Fire Interventionist who will have responsibility to handle youngsters who start small/no damage fires in schools and other public places. Hopefully with this help further and more serious crime can be prevented The city has also received money to purchase signal emitters for rescue vehicals and patrol cars. Brad Emmons has been offered that full time job of Fire Chief. Dick Higgins provided a very quick view of the safety organizational plan that is in operation at HTI. A reminder was issued about the June meeting and our guest from the Minnesota Safety Council. All members are urged to be present. The next meeting will be on Monday May 18th at the Elk's Lodge at noon. This is one week early due to the Memorial Day holiday. E FOR YOUR WEORMADON • Hutchinson Employee Safety Committee Meeting Minutes May 21, 1998 Members Present: Floyd Groehler, Mark Weis, Dick Ebert, Mark Larson, Ken Wichterman, Scott Hanson, Tom Kloss, Ken Merrill, Connie Maki. Guest: Brad Emans Members Absent: Keith Messner, Brenda Ewing, Dave Telecky. The minutes from April 16, 1998 were approved. Brad Emans gave us an overview of his responsibilities. The expertise of the fire department can now better be utilized by this committee including first aid training or confined space training. The Water/Wastewater dept. will be in contact to set up confined space training. There was discussion on the use of respirators and an annual physical that is necessary to be certified on their use. The Fire Dept. goes through Med- Compass and the other City depts. may be able to use them also. Dick Ebert will follow up on the OSHA requirements & number of people this might involve for the next meeting. • There was a handout of the April & May accident reports. The certificates for the past members of the Safety Committee have been completed & Floyd Groehler will distribute them. Brad Emans & Tom Kloss will set up a time at the HATS for fire extinguisher training. The question was raised if seasonal employees should attend. Safety badge update, Dave Telecky should check if the hospital makes their own. Mark Weis reported on Red Wing boots. The company doesn't stand behind the seconds and there are no local vendors who sell seconds. Mark Weis & Mary Haugen will coordinate the Hepatitis B vaccine. Anyone in any department who should have this shot should contact Mark. Mark Weis showed a form that the Rec Dept filled out when the tornado drill happened. It is a good reminder for all departments to participate in drills. The orientation video probably should be updated. Scott Hanson & Mark Larson will look in to it. Ridgewater College may be able to help. There was a handout of the new accident report form. The procedure has not changed. A police report must be completed for any accident involving a vehicle. Supervisors are reminded they also need to fill out an accident report if they have an accident or injury and report it to their supervisor. Jo Runke & Brenda Ewing will distribute the new form to the departments. There are now programs set up at all the local opticians for safety eyewear. Some require an authorization form which Brenda Ewing has in her office. Please let the employees know in your department about the new programs. Floyd Groehler has an update on OSHA training & guidelines if anyone is interested. The new update for the compliance manual in the City Center Library also was received. The Safety Check newsletter was distributed. Please review with your respective departments. Everyone reported on their department monthly safety meeting. As summer arrives, stress safety to the summer temps. Report any unsafe action to a supervisor. The next meeting will be Thursday June 18, 1998. A SAFETY EYEWEAR INFORMATION VENDOR PROGRAM PRICE AUTHORIZATION FORM Midwest Vision State contract Available at store Shopko Shopko Wholesale Yes McLeod Optical Walman American Optical Wholesale Wholesale Yes No Dr. Juffer Walman American Optical Wholesale Wholesale Yes No Duling Optical American Optical Wholesale No Gold Care Vision American Optical Wholesale No Brenda Ewing, Human Resource Coordinator, is the city contact person. She has the authorization forms in her office. When an authorization form is necessary, the employee needs to bring the form to the vendor when the eyewear is selected. There will be a $15.00 dispensing fee at most of these places, but the price should still be quite reasonable. The City of Hutchinson Policy has not changed. The employee is responsible for the total cost of the eyewear to the optician. After the eyewear is purchased, the employee will turn in a reimbursement form and be paid according to the city policy. 0 Accident Report to Safety Committee ApriUMav 1998 DATE INJURY/ACCIDENT DEPARTb4ENT 4/01/98 Cut, laceration, puncture thumb Park 4/24/98 Cut, laceration, puncture face Police 4/24/98 Contusion, crushing, bruise head Police 4/30/98 Fire truck — mud flap damage Fire 5/13/98 Pick -up collision w /automobile Water 0 Meeting Minutes FOR YOUR INFORMATION May 14, 1998 7:30 a.m., Best Western Victorian Inn, Hutchinson JOINT MEETING McLeod Regional Rail Authority (MRRA) Central Prairie Railway Association (CPRA - Shipppers) Present: Sheldon Nies, MRRA Larry Peterson, Co-op /Elevator Randy Gulbransen, 3M Milo Kubasch, MRRA Dean Oleson, MRRA Lary Graf, MRRA Roger Stearns, CPRA Robin Bergeron, Rail America Harry Krog, Rail America Tim Smith, Bums Philips Brenda Ewing, Recorder Barry Anderson, MRRA Legal Counsel Chair Sheldon Nies called the meeting to order at 7:35 a.m. All attendees introduced themselves to the group. Mr. Nies requested an update on the Status of the Dakota Rail from Robin Bergeron and Harry Krog of Rail America. According to Ms. Bergeron, for the first quarter of 1998 there were 177 loads, up 5 from 1997. April 1998 is down eight loads compared to the 1997 figures. At this time, she has no new customers to report. It appears that businesses are too close to their markets for single car moves. Overall, business is steady. Mr. Krog commented that Dakota Rail has four employees who work on train maintenance and track maintenance. At this time, they are completing basic maintenance such as putting in new ties, replacing broken rail, etc. A number of culverts need to be replaced, and Dakota Rail is looking to rent a backhoe on a weekly basis to complete the work. It was requested that if any of the members present knew where this equipment could be rented to contact Dakota Rail. Mr. Krog also commented that the Minnesota Department of Transportation (MnDOT) has contacted the rail about the roughness of the Highway 15 (Main Street) crossing. There was brief discussion about the actual condition of the crossing, as a number of members thought this crossing had been recently paved. Barry Anderson updated the group on the progress of the rehab /rebuild project proposed for the Highway 15/22/7 intersection and surrounding areas. It is still in the planning stages at this time. The future of the crossing was discussed and Sheldon Nies will bring this to the attention of Al Vogel of MnDOT. The group then talked about the process to sell properties adjacent to Steamswood and Burns Philips. Chair Nies commented that the mortgages for these properties are held by the state and the Rail Authority, and it is very difficult to transfer the properties. Barry Anderson brought to the attention of the Rail Authority a dispute between a land owner and the City of New Germany. The dispute centers around property that the owner has leased from Dakota Rail for approximately 40 years. The City proposes to gain a permanent easement over the property for the purposes of installing a road. The Rail Authority directed Attorney Anderson to communicate to New Germany's legal counsel that they are willing to speak with and cooperate with the parties but will not involve the Authority in the dispute. The next item of discussion was the Fifth Avenue crossing. Originally, the rail proposed a signal arm crossing. Because of the speeds of the trains and traffic at the crossing, and the number of daily crossings, a signal arm crossing is not planned. At this time, Chair Nies noted that the Rail Authority officially recognizes that Attorney Anderson has donated his time and services to the organization. Thanks were extended to Mr. Anderson and his firm. The rail crossing for the Trunk Highway 22 bypass was discussed. A motion was made and seconded to allow Sheldon Nies to sign off on any agreements with McLeod County, Dakota Rail, or other involved parties regarding right -of -way property. The motion passed unanimously. The elections of officers for 1998 was next on the agenda. Larry Graf moved to cast a unanimous ballot for the chair and other officers. The motion was seconded by Milo Kubasch. The motion carried with a unanimous vote. A number of questions were raised by the attendees, and are as follows: 1. What is the status of the condition of the tail? Harry Krog noted that is was a rough spring. A number of road beds went out, but it is holding its own, currently. Dakota Rail will continue to seek funding to improve the rail from MnDOT and from federal sources. Such a request would be a joint effort with the Rail Authority. 2. Is there a danger of an embargo? Harry Krog stated that this is not an issue for 1998. Tim Smith noted that this information is critical when making contracts for certain purchases. 3. Will Dakota Rail keep one or two engines? Harry Krog commented that there will be one engine. In the case of a breakdown, another should be available in two to five days. With no further business to discuss, on a motion made by Dean Oleson and seconded by Milo Kubasch, the Rail Authority unanimously voted to adjourn at 8:15 a.m. 0 Administrative Office FOR YOUR INFORMATION ' 410 Fifth Street SW ioneerland P.O. dox 327 LIBRARY SYSTEM Willmar, Minnesota 56201 -0327 w ne: (320) 235 -6106 Fax: (320) 214 -0187 pls @pioneerland.lib.mn.us 1'_IONEERLAND LBMRY SYSTEM BOARD MEETING March 26. 1998 The Pioneerland Library System Board held their regular meeting on Thursday. March 26, 1998 at the Lakeland Auditorium in Willmar. Chairman Harlan Madsen called the meeting to order at 7:34 p.m. Roll call was taken. Ivey VooderharrBob Fleegel moved approval of agenda. Motion passed. Al Clouse/Robin deCathelineau moved approval of minutes of February 19, 1998 meeting. Motion passed. Librarians from Big Stone County public libraries gave a slide presentation about their libraries. Ann Lauer told about the Graceville Libran•. Laurie Hammel told about the Ortonville Library. Both ans%vered questions from board members. Committee Reports: Finance: Oreille Rudningen gave the finance repon for February 1998. Motion made and seconded by Rudningen/Floyd Sneer to approval financial reports. Motion passed. Motion made and seconded by Rudningen/Robin deCathelineau to have state and federal funds by electronic transfer. motion passed. Automation: Ramona Berg -Pem gave an updated report on automation. She summarized the standard agreement contract between Pioneerland Library System and MnSCU/PALS with a special attachment for PLS. budget. and phase I and B. All cities and counties will finish payments in 1999. Funds are budgeted until 2004. Berg- Perrv/Larn Ladd motion and second to accept contract from MnSCU/P r.LS. Motion passed Berg - Perry /Oreille Rudningen motion and second to accept revised inter policy and patron use. Motion passed. Discussion was held on use of internet filters. Collection Development Task Force: Ramona Berg -Perry gave update on Collection Development Plan. Personnel Committee: Ivey Vonderharr reported on final plans for PLS Awards dinner April 16. 1998. She reported on the propose; from staff adtisory committee on 1999 %cages and budgets of the libraries in the system. Darlene Kotelnicki reported there %rill be a vacanc} for head librarian at the Litchfield Libran . Policy Committee: Report %vas given by Harlan Madsen on the 1996 amendment update and 1998 amendment. PLS attornev Todd Kleinhuizen %will meet with Da%id McLaughlin. Ortomille cin attomev. on the ownership and insurance issues. Discussion was held on reserves for long -term planning. New Business: Harlan Madsen described the report done for Smdv Committee on Chippe%va and Yelloo Medicine counn issues. It will be sent out and PLS board members should go through the report and learn from it. He thanked all %who worked on it. John Houlahan. Harlan Madsen. and Earleen Warner. . Willmar Head Librarian. were on KWLM radio open mike program in Willmar. Kathy Matson revie . the Minnesota Public Library Report for 1997. This is due to the state by April 1, 1998 and is done e ry year. Motion and second by AI Clouse/Ramona Berg -Perry to approve report. Motion passed. Next meeting is the ;irst annual awards dinner Thursday, April 16, 1998 at the All- A -Bord Restaurant in Willmar. All PLS s iff and board members and local library and board members are invited to attend Motion by Al Clou ,e/second by Robin deCathelinean for adjournment. Motion passed. Meeting was adjourned at 8:43 p r. Marleen Canfield Secretary 0 0 0 4 r L 17- rIA 1 ,5 711 1998 New Mousing Starts Address Type Owner Valuation Builder 565 Harvest St. SW Single Family Naustdal 88,240 Naustdal 540 Barley St. SW Single Family Anderson 85,000 Anderson 1110 South Grade Ct. SW Single Family Scenic Homes 100,000 Mathews 1027 Prairie View Dr. SW Twin Home Scenic Homes 77,000 Mathews 1029 Prairie View Dr. SW Twin Home Scenic Homes 73,500 Mathews 855 Hillcrest Road NE Twin Home Betker 97,245 Betker 857 Hillcrest Road NE Twin Home Betker 90,000 Betker 595 Barley St. SW Single Family Naustdal 84,986 Naustdal 510 Hidden Circle SW Single Family Brill 235,000 Betker 915 Cleveland Ave. SW Single Family Naustdal 108,238 Naustdal 545 Harvest St. SW Single Family Naustdal 84,165 Naustdal 570 Harvest St. SW Single Family Naustdal 86,762 Naustdal 590 Harvest St. SW Single Family Naustdal 80,328 Naustdal 1620 8th Ave. SW Single Family Peters 140,000 Berscheid 712 Arizona St. NW Twin Home Compton 106,350 Compton 722 Arizona St. NW Twin Home Compton 105,537 Compton 575 Barley St. SW Single Family Naustdal 84,173 Naustdal 760 Roberts St. SW Single Family Spettman 130,000 Broll 935 Lakewood Dr. SW Single Family Hoffman 150,000 Berscheid 855 Cleveland Ave. SW Twin Home Butler 117,000 Butler 865 Cleveland Ave. SW Twin Home Butler 117,000 Butler 555 Hidden Circle SW Single Family Peterson 200,000 Betker L�,�, l try TRIAX wvrCABLEVISION FOR YOUR INFORMATION 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093 Phone: 507 - 835 -5992, Fax: 507 - 835 -4567 May 21, 1998 Mr. Gerald R. Bell 231 3rd Ave. N.W. Hutchinson, MN 55350 Dear Mr. Bell: MAY 2 51498 CM OF NU tCHASON This is in response to your recent letter regarding service installation, programming packages and the need for an upgrade of our cable system. 4) First, we prefer to have our technical staff visit the location where service is requested to ensure that the line supplying service to the home meets all Company and National Electrical Safety Code specifications. At this same time, our service personnel can also ensure that picture quality meets all Company and FCC standards. I certainly understand your desire to receive service as quickly as possible, but it is very important to us that we provide the best service possible to our customers at the time of installation. Your questions regarding programming packages and the need for an addressable system offering programming options and pay - per -view access are well timed. During the month of April, Triax Cablevision completed a system -wide upgrade of our cable system in Hutchinson, and during the months of June and July, we will begin advertising the new services we will soon bring to the community. I am happy to say that ESPN2 will be included as one of the channels we will add. As you mentioned, the cable industry has been advertising the benefits of "cable" over "satellite" services. Not only do we feel we have a strong advantage in the areas of price, service to multiple televisions and local programming, we also feel strongly about the advantages of local service. Not only do we have local technicians, our staff is available 24 hours a day, 365 days a year to repair signal reception issues and emergency situations. In addition, we maintain all our equipment which supplies our customers with service, so there are no hidden cost, or the need for customers to purchase new equipment, at their expense, when we upgrade our network. Mr. Bell, I appreciate you taking the time to write us and for your comments. It is obvious to me that we agree on many of the issues you raised, and I am quite pleased we have addressed those key points with the completion of our system upgrade. Once our channel launches occur, I would like an opportunity to discuss the changes and commitment Triax Cablevision has made to the community, and I would like to discuss re- building our relationship with you. Page 2 Mr. Gerald Bell In the meantime, if I can be of assistance, please feel free to contact me at any time. Sincerely, &tee Lz Paul R. Pecora Regional Manager cc: City of Hutchinson r� �.J • �,�t7u May 11, 1998 Gary Plotz, Admr. 111 Hassan St SE Hutchinson MN 55350 -2522 Dear Gary Plotz: 10 Civic Center Plaza Post Office Box 3368 Mankato, Minnesota 56002 -3368 Phone: (507) 387 -8600 Fax: (507) 388 -7530 http: / /www.ci.mankato.rnr us MANKATO e RECEpIED MAY 18 1998 CITI !:F HUTCH,NS The 1998 CGMC Annual Conference hosted in our city, July 29 -31, 1998 will be both an opportunity to plan and shape our positions on issues for 1999, and have a great time. We are planning to show you and your family our southern charm (Southern Minnesota charm)! This year, as at every conference, the business of our Coalition is our first priority. We will review the legislative outcomes from 1997, and begin to shape policy positions for 1999. We also will have two training sessions on issues facing many of our cities, revitalizing our downtown areas, and revitalizing our citizens' interest in city government. Through case studies we will be offering an opportunity to learn what did and didn't work in Mankato's experience working on these issues. A special opportunity for us this year are the candidates forums where we will, as a group, be able to question the candidates for state offices on issues important to Greater Minnesota. We . hope as many as possible of your city's elected and appointed officials will be present as we address these hopeful candidates on land use planning, environment, property tax, L.G.A., and their openness to having voices from this Coalition at their table. We are planning to charm you and your family during your visit as well. On Wednesday evening, you and members of your family are invited to a performance at our Civic Center of "How to talk Minnesotan," after a family dinner called " How to eat Minnesotan!" We have many tours, activities, and golf outings available for your family while we attend our meetings. The Shrine Circus is performing in the Civic Center on Thursday evening, and we hope your children will be able to go (supervision provided) while you and your spouse attend the banquet, Governors forum, and dessert that follows. It will be a full three days of planning and developing our agenda for 1999. We have lots of fun included and hope you will include your families. The brochure explains the costs and lodging information further. Our city is looking forward to greeting you. Sincerely, Stan T. Christ, Mayor P.S. On Friday evening at 7:00 p.m. the Vikings will be holding a charity scrimmage at MSU's Blakeslee Field. If you and your family plan to stay, you are invited to spend the afternoon at Council President's Kathy Sheran's lake cabin whiling away the time • between the conference and the scrimmage. Mankato is an affirmative action, equal opportunity emp"f Pnnte on recyde paper w h say nk