cp04-22-1997 cAPRIL
low
SUNDAY
MONDAY
TUESDAY
1997
-20-
-2I-
-22-
4:00 p.m. - City Council Workshop
HUTCHINSON
re. TIF in City Center Main
CITY
Conference Room
CALENDAR
4:30 p.m. - City Council Workshop
WEEK OF
with Fire Department in Main
Conference Room
April 20 to April 26
5:30 p.m. -City Council Meeting in
Council Chambers
[_N WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-23-
-24-
-25-
-26-
CONFERENCE /SEMINAR/
10:00 a.m. - Directors Meeting in
10:00 a.m. - Employee Safety
VACATION
Staff Conference Room
Committee Meeting at City
Center
4/21 -24 - Steve Madson (C)
1:45 p.m. - Employee Tornado Drill
4/24 -5/21 - Doug Meier (V)
5:30 p.m. -Tree Board Meeting at
4/25 - Larry Huhn (S)
Marquette Bank Conference
C = Conference
Room
S ° Seminar
V — Vacation
AGENDA
• REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 22, 1997
CALL TO ORDER - 5:30 P.M.
2. INVOCATION - Rev. Gerhard Bode, Peace Lutheran Church
PRESENTATION OF PLAQUES OF RECOGNITION
♦ JERRY CORNELL
♦ CRAIG LENZ
♦ GLENN MATEJKA
3. CONSIDERATION OF MINUTES
MINUTES OF APRIL 8, 1997 AND BID OPENING OF APRIL 7, 1997
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL /INVESTMENT REPORT - MARCH 1997
2.
PLANNING COMMISSION MINUTES OF MARCH 18, 1997
3.
TREE BOARD MINUTES OF JANUARY 30, 1997
. 4.
PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY
BOARD MINUTES OF MARCH 6, 1997
(b) RESOLUTIONS
AND ORDINANCES
I .
RESOLUTION NO. 10829 -RESOLUTION TO APPROPRIATE /SALE AT
AUCTION OF UNCLAIMED PROPERTY
(c) DELINQUENT WATER AND SEWER ACCOUNTS
(d) ACCEPTANCE OF DEFENDANT'S RULE 68 OFFER OF JUDGMENT
REGARDING WAAGE LITIGATION
(e) TRANSIENT MERCHANT PERMIT FOR RICHARD SEIPEL, D.B.A. THE
COUNTRYSTOP
(f) BID ADVERTISEMENT ON MAY 20, 1997 FOR RECREATION CENTER ROOF
REPLACEMENT
(g) ADOPTION OF DOCUMENTS RELATING TO PLASTIC SPECIALTIES
MANUFACTURING, INC.
1. PROMISSORY NOTE CALLING FOR $100,000 LOAN FROM CITY
ECONOMIC DEVELOPMENT FUND SECURED BY STANDARD FORM
SECURITY AGREEMENT
• 2. PROMISSORY NOTE CALLING FOR $100,000 LOAN FROM CITY
ECONOMIC DEVELOPMENT FUND SECURED BY MORTGAGE ON
PLASTIC SPECIALTIES MANUFACTURING, INC. PROPERTY
CITY COUNCIL AGENDA - APRIL 22, 1997
•
SITE PURCHASE AGREEMENT
4. ADOPTION OF ORDINANCE NO. 97 -193 AUTHORIZING SALE TO
PLASTIC SPECIALTIES MANUFACTURING, INC.
(h) IMPROVEMENT PROJECT CHANGE ORDERS
LETTING NO. 7/PROJECT 96 -11 & 13 (CHANGE ORDER NO. 2);
$1,871.95
2. LETTING NO. 9/PROJECT 96 -16 & 18 (CHANGE ORDER NO. 2);
$1,996.00
3. LETTING NO. 2/PROJECT 97 -02 (CHANGE ORDER NO. 1);
$460.00
(i) LANDSCAPE PARTNERSHIP COOPERATIVE AGREEMENT #76013 WITH
MN/DOT FOR LANDSCAPE IMPROVEMENTS ALONG T.H. 22 IN
HUTCHINSON
0) GAMBLING DEVICES LICENSE FOR DUCKS UNLIMITED
(k) "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE:
CROW RIVER COUNTRY CLUB KING'S WOK
GODFATHER'S PIZZA LITTLE CROW BOWLING LANES
GOLD COIN, INC. PIZZA HUT
HUTCH. HUSKIES BASEBALL ASSOC.
(1) "OFF SALE" NON - INTOXICATING M
CASH WISE
CITGO -QUIK MART
ERICKSON FREEDOM STATION #13
ERICKSON FREEDOM STATION # 48
(m) COMMERCIAL LOAN THROUGH
PARTNERSHIP
,T LIQUOR LICENSE:
FOOD -N -FUEL
RICK'S CAST -AWAY
SUPER AMERICA STORE
TOM THUMB
HCDC FOR QUADE FAMILY
(n) TOWNSHIP ANNEXATION (HOERNEMANN ESTATESS IN SECTION PROPERTY VALLEY
) SUBMITTED BY
FRANK REESE, ARCHITECT FOR PRAIRIE SENIOR COTTAGES WITH
FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION WITH
STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 97-194
AND SET SECOND READING FOR MAY 13, 1997)
(o)
TO VARIANCE O FE T, LOCATED O CATED AT 95 FIFTH AVENL E SSE, REQUESTED BY
DICK MCCLURE WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION
NO. 10831)
(p) CONDITIONAL USE PERMIT TO MOVE 34'X34' HOUSE AND 12'X22'
GARAGE ONTO PROPERTY LOCATED AT 495 CALIFORNIA STREET NW •
2
CITY COUNCIL AGENDA - APRIL 22, 1997
•
REQUESTED BY ARTHUR DODGE WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION
NO. 10832)
(q) CONDITIONAL USE PERMIT TO CONSTRUCT ADDITION TO PRESENT
BUILDING LOCATED IN C -5 DISTRICT AT 234 FOURTH AVENUE NW
REQUESTED BY DON HANTGE, TRI COUNTY WATER, WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT
RESOLUTION NO. 10833)
(r) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 8.05, 8.06 & 9
REGARDING LOT DIMENSIONS IN R -2 DISTRICT FOR TWO FAMILY
DWELLING UNITS WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF
ORDINANCE NO. 97 -195 AND SET SECOND READING FOR MAY 13, 1997)
(s) SIX MONTH EXTENSION OF CONDITIONAL USE PERMIT FOR BETHANY
BAPTIST CHURCH, LOCATED AT 800 GROVE STREET, REQUESTED BY
CROW RIVER SPECIAL EDUCATION COOPERATIVE WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
(t) LOT SPLIT ON PROPERTY LOCATED AT 667 BLUFF STREET REQUESTED
BY GEORGE AND SHIRLEY FIELD WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
• (u) CONSTRUCTION OF DOG KENNEL IN SECTION 29, HUTCHINSON
TOWNSHIP (TWO MILE RADIUS) REQUESTED BY DAVID ALQUIST WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO
COUNTY
(v) APPOINTMENT OF DAVID WETTERLING TO UTILITIES COMMISSION
Action - Motion to approve consent agenda
(a) LETTING NO. 6, PROJECT NOS. 97 -02, 97 -13, 97 -14, 97 -15, 97 -18, 97 -19, 97 -21,
97 -22, 97- 23,97 -24
Action - Motion to close hearing - Motion to reject - Motion to approve and adopt
Resolution(s)
COMMUNICATIONS. REQUESTS AND PETITIONS -- NONE
(a) SUBMISSION OF DIRECTORS' FIRST QUARTER PROGRESS REPORTS
Action -
UNFINISHED BUSINESS
(a) CONSIDERATION OF REQUESTS FROM ADC SOLITRA (DEFERRED FROM
• NOVEMBER 12, 1996)
CITY COUNCIL AGENDA - APRIL 22, 1997
r i
\J
Action -
1R1.
(a) CONSIDERATION OF CHANGING CITY COUNCIL MEETING DATE FROM
JUNE 10, 1997 TO JUNE 9, 1997
Action - Motion to reject - Motion to approve
(b) REVIEW OF CITY COUNCIL WORKSHOP REGARDING TAX INCREMENT
FINANCING
Action -
(c) CONSIDERATION OF LIGHT TRAFFIC ADVISORY BOARD
RECOMMENDATIONS FOR PROPOSED 1997 BIKE LANE STRIPING
IMPROVEMENTS
Action - Motion to reject - Motion to approve
(d) CONSIDERATION OF SMALL CITIES GRANT FOR ADAMS STREET
NEIGHBORHOOD
Action - Motion to reject - Motion to approve and adopt Resolution No. 10830
(e) CONSIDERATION OF AWARDING BID FOR NEW 55 FOOT,
HYDRAULICALLY CONTROLLED, AERIAL DEVICE WITH ATTACHMENTS
Action - Motion to reject - Motion to approve
(f) CONSIDERATION OF AWARDING BID FOR NEW 1998 FORD TRUCK
CHASSIS
Action - Motion to reject - Motion to approve
(a) COMMUNICATIONS
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds
:.� • L�lul
4
C
April 17, 1997
Mr. Glenn Matejka
520 Lakewood Drive
Hutchinson, MN 55350
Dear Mr. Matejka:
The City Council would like to acknowledge the volunteer service you have given to the community
by serving on the Planning Commission. Therefore, we extend an invitation for you to attend the
April 22, 1997 City Council meeting. Mayor Marlin Torgerson will present you with a plaque of
• appreciation which has been engraved with your name on it.
The City Council meetings are held in the City Center Council Chambers, and the meeting begins
at 5:30 p.m.
We shall look forward to seeing you on April 22, if your schedule allows attendance on this date.
If you cannot attend, we will schedule the presentation for another Council meeting date.
Sincerely,
CITY OF HUTCHINSO
Marilyn J. Swanson
Administrative Secretary
cc: Mayor & City Council
Gary D. Plotz, City Admin.
• City Center
111 Hassan Street SE
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(320) 587 -2975
Fax (320) 234 -1240
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(320) 587 -2242
Fax (320) 587 -6427
Hutchinson, MN 55350 -2512
(320)587.5151
Fax (320) 2344240
- Primed on recycled paper -
N
April 17, 1997
Mr. Craig Lenz
550 Campbell Court
Hutchinson, MN 55350
Dear Craig:
11
The City Council would like to acknowledge the volunteer service you have given to the community
by serving on the Planning Commission. Therefore, we extend an invitation for you to attend the
April 22, 1997 City Council meeting. Mayor Marlin Torgerson will present you with a plaque of
appreciation which has been engraved with your name on it.
The City Council meetings are held in the City Center Council Chambers, and the meeting begins
at 5:30 p.m.
We shall look forward to seeing you on April 22, if your schedule allows attendance on this date.
If you cannot attend, we will schedule the presentation for another Council meeting date.
Sincerely,
CITY OF HUTCHINSON
J
Marilyn J. Swanson
Administrative Secretary
cc: Mayor & City Council
Gary D. Plotz, City Admin.
Ll
City Center
III Hassan Street SE
Hutchinson, ,YIN 55350 -2522
(320) 587.5151
Fax (320) 2344240
Parks & Recreation
900 Harrington Street SW
Hutchinson, ,VN 55350 -3097
(320) 587 -2975
Fax (320) 2344240
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(320) 587 -2242
Fax (320) 587.6427
- Printed on recycled paper -
C�
April 17, 1997
Mr. Jerry Cornell
1365 Westwood Road
Hutchinson, MN 55350
Dear Mr. Cornell:
The City Council would like to acknowledge the volunteer service you have given to the community
by serving on the Utilities Commission. Therefore, we extend an invitation for you to attend the
April 22, 1997 City Council meeting. Mayor Marlin Torgerson will present you with a plaque of
appreciation which has been engraved with your name on it.
The City Council meetings are held in the City Center Council Chambers, and the meeting begins
at 5:30 p.m.
We shall look forward to seeing you on April 22, if your schedule allows attendance on this date.
If you cannot attend, we will schedule the presentation for another Council meeting date.
Sincerely,
CITY OF HUTCHIN
Mari��
Yn Sw anson
Administrative Secretary
cc: Mayor & City Council
Gary D. Plotz, City Admin.
City Center
111 Hassan Street SE
Parks & Recreation
900 Harrington Street SW
Hutchinson. MN 55350 -3097
(320) 587 -2975
Fax(3P0)234 -4240
Police Sert4ces
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(320) 587 -2242
Fax (320) 587 -6427
Hutchinson, MN 55350.2522
(320) 587 -5151
Fax ( 320) 234 -1240
Printed on recycled paper -
MINUTES
• REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 8, 1997
The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin
Torgerson, Council Members Bill Craig, John Mhnar, Kay Peterson and Don Erickson. Also
present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney
G. Barry Anderson.
2. The invocation was given by the Reverend Gerhard Bode.
11►L.
The minutes of March 25, 1997 and bid opening of March 25, 1997 were approved as
presented.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
BUILDING OFFICIAL'S REPORT - MARCH 1997
2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF
FEBRUARY 20, 1997
3. LIBRARY BOARD MINUTES OF MARCH 31, 1997
4. AIRPORT COMMISSION MINUTES OF MARCH 31, 1997
(b) RESOLUTIONS AND ORDINANCES
ORDINANCE NO. 97 -189 - AN ORDINANCE AMENDING SECTION
2.51 OF THE HUTCHINSON CITY CODE ENTITLED "PLANNING
COMMISSION" BY DELETING CERTAIN LANGUAGE THERETO
AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND
SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS (SECOND READING AND ADOPT)
2. RESOLUTION NO. 10825 - DESIGNATION OF DEPOSITORY OF CITY
FUNDS IN COMMERCIAL BANK
3. ORDINANCE NO. 97 -190 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA VACATING ALL UTILITY AND
DRAINAGE EASEMENTS LOCATED IN LOT I AND LOT 2, BLOCK 2
AND OUTLOT B OF ISLAND VIEW HEIGHTS FIRST ADDITION
(SECOND READING AND ADOPT)
4. ORDINANCE NO. 97 -191 - AN ORDINANCE AMENDING ZONING
REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFI CIAL
ZONING MAP (SECOND READING AND ADOPT)
5. ORDINANCE NO. 97 -192 - AN ORDINANCE AMENDING ZONING
• ORDINANCE NO. 464, SECTION 8.08, REGARDING
MANUFACTURED HOMES (SECOND READING AND ADOPT)
CITY COUNCIL MINUTES - APRIL 8, 1997
•
(4) REQUEST FROM HUTCHINSON GARDEN CLUB TO USE SIDEWALK
ON SOUTH SIDE OF LIBRARY SQUARE ON MAY 17, 1997 FOR FUND-
RAISER PLANT SALE
(d) GAMBLING DEVICES LICENSE FOR HUTCHINSON WRESTLING CLUB
(e) TEMPORARY ON -SALE LIQUOR LICENSE FOR AMERICAN LEGION POST
#96 ON APRIL 20, 1997
(f) 1997 ASSESSMENT AGREEMENT WITH MCLEOD COUNTY
Motion was made by Erickson, seconded by Mhnar, to approve consent agenda.
NONE
[�K0 1u irl•1►l�•IJ�l1SiL�:i�Ci 1 ►P r • ► ► •:l
MINERN OWN-14WORW
(a) CONSIDERATION OF RECOMMENDATION FROM HCDC FINANCE TEAM
AND HCDC BOARD OF DIRECTORS TO CONSIDER ACTION ON FINANCIAL
ARRANGEMENTS FOR PLASTIC SPECIALTIES MANUFACTURING INC. TO
MOVE INTO INDUSTRIAL PARK
A presentation was made by Dick Lennes, Mary Beth Schaufler and Tim Ulrich
regarding the list of recommendations from the HCDC Finance Team and HCDC
Board of Directors.
Following discussion, motion was made by Craig, seconded by Mlinar, to approve
the entire concept and the list of recommendations presented and to waive first
reading of Ordinance No. 97 -193 and set second reading for April 22, 1997. Motion
unanimously carried.
(b) CONSIDERATION OF SETTING PUBLIC HEARING ON MAY 13, 1997 FOR
ECONOMIC DEVELOPMENT DISTRICT IN HUTCHINSON INDUSTRIAL
PARK (BLOCK 1, LOT 2) FOR PLASTIC SPECIALTIES MANUFACTURING
INC.
Following discussion, motion was made by Craig, seconded by Mlinar, to approve
setting a public hearing on May 13, 1997 at 6:00 p.m. and to adopt Resolution No.
10828. Motion unanimously carried.
(c) CONSIDERATION OF ADOPTING 1998 DEPARTMENT PLANS
Following discussion, no action was taken. Motion was made by Mlinar, seconded
by Peterson, to hold a City Council workshop on May 13, 1997 at 4:00 p.m. to
discuss the 1999 Department Plans. Motion unanimously carried.
11
CITY COUNCIL MINUTES - APRIL 8, 1997
(d) CONSIDERATION OF CEMETERY FEE INCREASES
Following discussion, motion was made by Erickson, seconded by Peterson, to
approve the new cemetery fee changes, effective April 15, 1997. Motion
unanimously carried.
(e) CONSIDERATION OF AWARDING BID FOR PURCHASE OF REPLACEMENT
FRONT -END LOADER
Following discussion, motion was made by Craig, seconded by Mlinar, to award the
bid for a 1997 Case 721B front end loader to St. Joseph Equipment to be financed
over a four -year period, in five equal payments of $25,186.15 and to sell the City's
1980 Terex front end loader with 2.25 general purpose bucket to Ralph Novotny for
$8,200.00. Motion unanimously carried.
(f) CONSIDERATION OF AWARDING BID FOR PURCHASE OF 1997 ONE -HALF
TON PICKUP TRUCK
Following discussion, motion was made by Erickson, seconded by Craig, to award
bid to Superior Ford as per City specifications for a net price of $15,438.00 as
outlined under option 2 of their proposal, which includes the trade -in of the 1981
Chevrolet truck. Motion unanimously carried.
(g) CONSIDERATION OF AWARDING BID FOR PURCHASE OF ONE NEW MINI
• VAN
Following discussion, motion was made by Erickson, seconded by Craig, to award
bid to Superior Ford for a 1998 Ford mini van with front -wheel drive as Per city
specifications for a net Price of $19,696.00 (plus tax) as outlined under option 2 of
their proposal, which includes the trade -in of the 1989 Ford Aerostar mini van.
Motion unanimously carried.
(h) CONSIDERATION OF LETTING NO. 6, PROJECT NOS. 97-02,97-13,97-14,97-
15, 97 -18, 97 -19, 97 -21, 97 -22, 97 -23, 97 -24
Following discussion, motion was made by Peterson, seconded by Mlinar, to approve
the engineering reports and to set a hearing for Letting No. 6 on April 22, 1997 at
6:00 p.m., and to waive readings and adopt Resolutions No. 10826 and No. 10827.
Motion unanimously carried.
9. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson addressed Brad Larson's former request to serve liquor in the
Hutch Bowl through the adjoining window into the Flyer's bar during the upcoming
state bowling tournaments. He reported that after conferring with the Liquor Control
Commission and reviewing state law, his conclusion was that it is not permissible to,
on a temporary basis, sell alcohol through the window at the Hutch Bowl nor is it
permissible for the liquor license holder to dispense liquor that is taken off site
• because this becomes an "off sale" which is in violation of the ordinance governing
no "off sale" of liquor in Hutchinson.
CITY COUNCIL MINUTES - APRIL 8, 1997
•
Anderson recommended a thorouO review of Hutchinson's liquor ordinances, with
possible amendments to the municipal liquor ordinances, for some time early next
year.
The City Attorney informed the Council that the Mark Shoutz litigation had been
settled for $15,000.00, and no City Council action was required.
(b) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG
Craig commented on the work performed by City staff and work crews during the
hard winter and stated it was appreciated by the citizens.
(c) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR
Mlinar suggested holding a Council workshop to discuss the tax increment financing
issues and how they relate to each other. Following discussion, motion was made by
Mlinar, seconded by Cram, to meet at 4:00 p.m. on April 22, 1997 for a workshop.
Motion unanimously carved.
(d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Rodeberg reported on the flooding and updated the City Council on the current
situation. He stated the Crow River bridge took abuse but there was little damage.
It was reported that the City donated two pallets of empty sand bags to the City of •
Granite Falls.
The City Engineer reviewed the draft copy of the Comprehensive Land Use Plan
which was distributed to the Council Members. He stated it will be discussed at the
April Planning Commission meeting.
(e) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON
Torgerson read two complimentary letters received from Jack Yates and Scott
Newman regarding the Citizens Police Academy program.
10. CLAIMS, PPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
Motion was made by Erickson, seconded by Peterson, to approve the claims and
authorize payment from appropriate funds. Motion unanimously carried.
11. ADJOURNMENT
There being no further business, the meeting adjourned at 6:35 p.m.
•
4
0
11
•
MINUTES
BID OPENING
APRIL 7, 1997
Kenneth B. Merrill, Finance Director, called the bid opening to order at 2:00 p.m. Also present were
City Forester Mark Schnobrich and Administrative Secretary Marilyn J. Swanson.
Director Merrill dispensed with the reading of Publication No. 5009, Invitation for Bids, Purchase
of One New, 1997 Truck Mounted, 55 Foot, Hydraulically Controlled Aerial Device with
Attachments. The following bids were opened and read:
Dueco, Inc. 1997 Telelect XT -55
Shakopee, MN $67,288.00
No bid was received for the 1978 Ford F -600 truck.
Trade -In Price
1978 Ford Truck F -600
$15,000.00
Net Bid: $52,288.00
The bid was referred to the Engineering Department for review and a recommendation.
The meeting adjourned.
MARCH 1997 CITY OF HUTCHINSON FINANCIAL REPORT - 1997 MARCH 19
ENTERPRISE FUNDS
REVENUE REPORT - LIQUOR FUND
CURRENT
YEAR TO
ADOPTED
BALANCEPERCENTA
•
MARCH
DATE ACTUAL
BUDGET
REMAINING
USED
LIQUOR SALES
57,997.62
165,351.67
770,000.00
604,648.33
21.5%
WINE SALES
23,038.48
58,512.47
290,000.00
231,487.53
20.2%
BEER SALES
91,255.63
248,217.37
1,380,000.00
1,131,782.63
18.0%
BEER DEPOSIT
115.40
(440.40)
0.00
440.40
0.0%
MISC. SALES
6,739.90
18,489.89
118,000.00
99,510.11
15.7%
LOTTERY SALES
(320.00)
(414.10)
2,800.00
3,214.10
-14.8%
REFUNDS & REIMBURSEMENTS
0.00
975.00
0.00
(975.00)
0.0%
CASH DISCOUNTS
(1,392.51)
(3,647.59)
(20,500.00)
(16,852.41)
17.8%
INTEREST
630.47
1,309.73
5,500.00
4,190.27
23.8%
TOTAL
178,064.99
488,354.04
2,545,800.00
2,057,445.96
19.2%
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
15,337.03
51,385.32
172,488.00
121,102.68
29.8%
REPAIR & MAINTENANCE
1,963.98
3,489.83
10,300.00
6,810.17
33.9%
CONSULTING
0.00
0.00
4,000.00
4,000.00
0.0%
OTHER SERVICE & CHARGES
2,764.00
16,856.28
55,750.00
38,893.72
30.2%
DEPRECIATION
0.00
0.00
25,000.00
25,000.00
0.0%
DEBT SERVICE
0.00
0.00
37,180.00
37,180.00
0.0%
TRANSFERS
0.00
0.00
150,000.00
150,000.00
0.0%
COST OF SALES
157,043.66
505,798.38
1,968,575.00
1,462,776.62
25.7%
MISCELLANEOUS
463.97
547.92
7,600.00
7,052.08
7.2%
CAPITAL OUTLAY
532.03
532.03
3,600.00
3,067.97
0.0%
TOTAL
178,104.67
578,609.76
2,434,493.00
1,855,883.24
23.8%
REVENUE REPORT - WATER
SEWER/FUND
SCORE
0.00
32,000.00
138,828.00
106,828.00
23.1%
LICENSES
0.00
0.00
GRANT
0.00
100,000.00
100,000.00
0.0%
WATER SALES
58,301.56
155,379.53
700,000.00
544,620.47
22.2%
WATER TREATMENT SURCHARGE
1,874.46
41.14
0.00
WATER METER
285.00
770.00
14,000.00
13,230.00
5.5%
REFUSE SERVICES
43,489.07
114,182.98
460,000.00
345,817.02
24.8%
REFUSE SURCHARGE
4,879.69
12,729.32
0.00
(12,729.32)
RECYCLE BAGS
0.00
(23.61)
0.00
23.61
0.0%
REFUSE STICKER SALES
108.00
203.00
0.00
(203.00)
0.0%
REFUSE RECYCLING
(5,134.00)
(13,984.00)
0.00
13,984.00
0.0%
COMPOST CREDIT
(750.69)
(2,240.18)
(10,000.00)
(7,759.82)
0.0%
COMPOST & RECYCLE SALES
0.00
(15.68)
5,000.00
5,015.68
0.0%
SEWER SERVICES
156,883.35
431,004.64
1,900,000.00
1,468,995.36
22.7%
PENALTY CHARGES
1,302.37
3,848.30
18,000.00
14,151.70
21.4%
INTEREST EARNED
0.00
22,152.08
130,000.00
107,847.92
17.0%
LOAN REPAYMENT
411.76
1,235.25
38,630.00
37,394.75
REFUNDS & REIMBURSEMENTS
339.75
369.75
3,000.00
2,630.25
12.3%
OTHER
43.00
126.66
6,000.00
5,873.34
2.1%
CONNECTION CHARGES
0.00
0.00
0.00
TOTAL
262,033.32
757,779.18
3,503,458.00
2,745,719.96
21.6%
EXPENSE REPORT - WATER
SEWER/FUND
• REFUSE
45,391.50
116,662.77
504,855.00
388,192.23
23.1%
WATER
42,981.61
115, 368.48
1,121,746.00
1,006,377.52
10.3%
WASTEWATER
93,068.31
288,911.48
2,440,080.00
2,151,168.52
11.8%
TOTAL 181,441.42 520,942.73 4,066,681.00 3,545,738.27 112.8%
,Z/
'CMO purchase anticapted payback is 4.332 years with a yield of 7.328%
This instrument receives payments monthly and depending on speed of payment of
mortgagages the yield could increase or decrease
A GNMA with fixed maturity but has a call date of 8/12197
• Federal Home Loan Mtg Carp w/ Boating rate (floor of 5.0 %)
(1) CMO has been repaid in full 617/95
(2) Value is as of 6/30/96
_IT=
1 r Pt
r
197,000 .00
300,071.92
300,000.00
100,000.00
rr rrr rr
500,000.00
206,371.04
rr rrr rr
DO rrr r•
200,000.00
400,000.00
400,000.00
rr rrr rr
200,000.00
500,000.00
500,000.00
0r rOr rr
400,000.00
600,000.00
500,000.20
$8,062,031.98
9X1111
CITY OF HUTCHINSON
CERTIFICATES
OF DEPOSIT
21- Apr -97
APRIL 1897
•
Date
Date
Interest
Of
Of
Institution
Description
Rate
Purchase
Maturity
TREAS BONDS
644136
7.18%
12112(91
2/15/2001
TREAS BONDS
644137
7.13%
12112/91
10/15/98
Smith Barney
GNMA 865M7
7.000%
2115193
8/12/2002
Smith Barney
313400 S H 7
5.00%
12130/93
03/10/00
Prudential
pod 336914
7.226%
1231 96
0201 2026
Expected Ilfe 6.2
years
Smith Barney
Fed Home Loan
6.750%
01 03 97
01 03 02
Prudentail
pod 336399
7.270%
1231 96
0201 2026
Expected life 4.1
years
Citizens, Marquette
4.00%
04/25/96
06/01/2001
Firstate, First Minnesota
Prudential
Fed Home Leon
7.50%
10/31/95
11/06/00
Smith Barney
FNMA
6.09%
12/19/95
12/19/00
Smith Barney
FNMA pass thru
7.50%
12/20/95
06/01/02
REPAYMENT
First Federal
411239052
5.400%
01/23/97
05/29/97
Firstate
371
6.65%
05/16/96
0511557
First Federal
411239045
5.850%
11/22/96
05126197
Firstate
246
5.70%
10/10/96
06/12/97
Marquette
1847'0874
5.450%
11/14!96
05/15/97
Marquette
1847'01215
5.450%
11/14196
06/12/97
Marquette
18470'873
5.850%
12/12/96
06/12/97
Firstate
1847000000566
5.90%
12/12/96
12/11/97
Citizens Bank
29807
6.000%
2113/97
8/18197
Citizens Bank
29810
5.620%
03 1397
11 2697
Citizens Bank
29809
5.640%
03 1397
10 16 97
Citizens Bank
29811
5.900%
03 28 97
11 2097
Firstate
411241884
5.90%
04/10/97
01/16/98
'CMO purchase anticapted payback is 4.332 years with a yield of 7.328%
This instrument receives payments monthly and depending on speed of payment of
mortgagages the yield could increase or decrease
A GNMA with fixed maturity but has a call date of 8/12197
• Federal Home Loan Mtg Carp w/ Boating rate (floor of 5.0 %)
(1) CMO has been repaid in full 617/95
(2) Value is as of 6/30/96
_IT=
1 r Pt
r
197,000 .00
300,071.92
300,000.00
100,000.00
rr rrr rr
500,000.00
206,371.04
rr rrr rr
DO rrr r•
200,000.00
400,000.00
400,000.00
rr rrr rr
200,000.00
500,000.00
500,000.00
0r rOr rr
400,000.00
600,000.00
500,000.20
$8,062,031.98
9X1111
MARCH 1997
CITY OF HUTCHINSON FINANCIAL STATEMENTS
MARCH 1997
REVENUE REPORT - GENERAL
CURRENT
YEAR TO
ADOPTED
BALANCE
PERCENTAG
•TAXES
MARCH
DATE ACTUAL
BUDGET
REMAINING
USED
0.00
4,025.49
1,485,086.00
1,481,060.51
0.27%
LICENSES
7,080.00
11,795.00
25,200.00
13,405.00
46.81%
PERMITS AND FEES
5,931.96
15,363.32
169,800.00
154,436.68
9.05%
INTERGOVERNMENT REVENUE
2,868.98
43,391.76
2,421,661.00
2,378,269.24
1.79%
CHARGES FOR SERVICES
67,590.72
172,281.25
1,063,409.00
891,127.75
16.20%
FINES & FORFEITS
4,481.33
8,593.62
72,000.00
63,406.38
11.94%
INTEREST
23,225.98
36,740.09
155,000.00
118,259.91
23.70%
SURCHARGES - BLDG PERMITS
(537.03)
24.35
1,000.00
975.65
2.43%
CONTRIBUTIONS FROM OTHER FUND
150.00
13,415.44
1,037,000.00
1,023,584.56
1.29%
REIMBURSEMENTS
759.23
5,886.11
32,050.00
26,163.89
18.37%
SALES
0.00
0.00
8,300.00
8,300.00
0.00%
TOTAL
111,551.17
311,516.43
6,470,506.00
6,158,989.57
4.8%
EXPENSE REPORT
GENERALFUND
MAYOR & COUNCIL
2,501.60
11,001.22
49,589.00
38,587.78
22.2%
CITY ADMINISTRATOR
16,673.00
56,508.54
180,046.00
123,537.46
31.4%
ELECTIONS
0.00
1,336.99
4,300.00
2,963.01
31.1%
FINANCE
17,193.50
72,374.38
311,242.00
238,867.62
23.3%
MOTOR VENICE
9,524.80
31,178.76
122,655.00
91,476.24
25.4%
ASSESSING
0.00
0.00
29,000.00
29,000.00
0.0%
LEGAL
8,771.00
24,856.83
85,900.00
61,043.17
28.9%
PLANNING
4,782.20
16,996.00
86,455.00
69,459.00
19.7%
POLICE DEPARTMENT
138,561.00
429,937.39
1,517,177.00
1,087,239.61
28.3%
SCHOOL LIAISON OFFICER
7,625.90
26,436.58
100,425.00
73,988.42
26.3%
EMERGENCY MANAGEMENT
6.70
31.95
3,484.00
3,452.05
0.9 0 /0
SAFETY COUNCIL
0.00
0.00
250.00
250.00
0.0%
FIRE DEPARTMENT
12,664.00
31,590.93
169,682.00
138,091.07
18.6%
FIRE MARSHAL
2,149.00
7,133.94
25,531.00
18,397.06
27.9%
PROTECTIVE INSPECTIONS
11,338.30
42,647.09
145,196.00
102,548.91
29.4%
ENGINEERING
28,399.20
86,892.39
354,236.00
267,343.61
24.5%
STREETS & ALLEYS
54,805.70
149,943.59
530,389.00
380,445.41
28.3%
STREET MAINTENANCE A/C
5,132.50
28,379.83
82,600.00
54,220.17
34.4%
CITY HALL
6,718.10
26,301.79
82,951.00
56,649.21
31.7%
PARKIREC ADMIN.
9,714.10
34,455.71
132,183.00
97,727.29
26.1%
RECREATION
28,648.40
56,320.00
230,106.00
173,786.00
24.5%
SENIOR CITIZENS CENTER
6,675.50
23,150.48
102,566.00
79,415.52
22.6%
CIVIC ARENA
20,670.50
76,111.89
181,081.00
104,969.11
42.0%
PARK DEPARTMENT
48,925.40
137,363.10
584,508.00
447,144.90
23.5%
RECREATION BUILDING & POOL
6,265.30
20,194.48
78,744.00
58,549.52
25.6%
LIBRARY
20,954.50
45,538.65
110,649.00
65,110.35
41.2%
CEMETERY
5,273.10
17,069.67
89,662.00
72,592.33
19.0%
DEBT SERVICE
930.00
2,790.00
103,252.00
100,462.00
2.7%
AIRPORT
2,596.60
8,375.55
80,860.00
72,484.45
10.4%
TRANSIT
9,184.20
32,653.56
156,476.00
123,822.44
20.9%
COMMUNITY DEVELOPMENT
5,852.20
18,126.99
79,937.00
61,810.01
22.7%
UNALLOCATED
67,416.20
98,831.86
659,374.00
560,542.14
15.0%
TOTAL
559,952.50
1,614,530.14
6,470,506.00
4,855,975.86
25.0%
0
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, March 18, 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 Amdt,
Dave Westlund, and Craig Lenz. Absent: Bill Craig, Glen Matejka, and Paul Ackland. Also Present: Jim Marka,
Director of Building, Planning and Zoning; Bonnie Baumetz, Planning and Zoning, Mark Hensen, Building Inspector, and
Larry Huhn, Engineering Dept.
2. CONSENT AGENDA
a) CONSIDERATION OF MINUTES OF REGULAR MEETING DATED FEBRUARY 18, 1997
Mr. Arndt made a motion to approve the minutes dated February 18, 1997, Seconded by Mr. Westlund motion
carved unanimously.
3. PUBLIC HEARINGS
a) CONTINUATION OF CONSIDERATION OF VACATION OF OUTLOT "B" TO VACATE ALL UTILITY AND
DRAINAGE EASEMENTS LOCATED IN ISLAND VIEW HEIGHTS FIRST ADDITION REQUESTED BY MR.
BILL GILK, SCENIC HEIGHTS INVESTMENT.
b) CONTINUATION OF CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS "ISLAND VIEW
HEIGHTS SECOND ADDITION" LOCATED IN THE FORMER ISLAND VIEW HEIGHTS FIRST ADDITION
PLAT, REQUESTED BY MR. BILL GILK, SCENIC HEIGHTS INVESTMENT.
C) CONTINUATION OF CONSIDERATION OF REZONING "ISLAND VIEW HEIGHTS SECOND ADDITION"
FROM R -1 (SINGLE FAMILY RESIDENCE) TO P.D.D. (PLANNED DEVELOPMENT DISTRICT) REQUESTED
BY MR. BILL GILK, SCENIC HEIGHTS INVESTMENT.
d) CONTINUATION OF CONSIDERATION OF PLANNED DEVELOPMENT DISTRICT LOCATED IN ISLAND
VIEW HEIGHTS SECOND ADDITION REQUESTED BY MR. BILL GILK, SCENIC HEIGHTS INVESTMENT.
40 Chairman Dean Wood reopened the hearing at 5:31 p.m. with the reading of publications #4996, #4997, #4998,
and #4999 as published in the Hutchinson Leader on Thursday, February 6, 1997. The request is for the
purpose of considering a request by Mr. Bill Gilk, Scenic Heights Investment, to consider a petition to vacate
all utility and drainage easements located in Island View Heights First Addition, Lots 1 & 2, Block 2 and Outiot
B, to consider a preliminary plat to be known as "ISLAND VIEW HEIGHTS SECOND ADDITION" located in the
former ISLAND VIEW HEIGHTS FIRST ADDITION PLAT, to consider the request to rezone property located
in Island View Heights Second Addition from R -1 (Single Family Residence) to R -1/R -2 P.D.D. (Planned
Development District), and consideration of a Planned Development District located in Island View Heights
Second Addition.
Mr. Marka, explained the request and read the planning staff recommendations. He also explained the changes
Mr. Gilk had made to the plans. Mr. Gilk has is in the process of updating the title opinion to the property. Mr.
Marka stated planning staff recommends approval of the requests.
Mr. Gilk would like to start construction immediately after Council approval.
Bill Gilk presented and explained the plans showing home elevations. He also had plans showing plantings.
David Byron, 949 Hayden Ave. S.W. said he would encourage wider width lots next to the First Addition along
the lake side. Mr. Marka stated the lots have remained 80' wide with 30' setbacks meeting ordinance
requirements. David Byron mentioned that he had some concerns regarding the park on the previous plans,
but he did approve of the present plans.
Mr. Gilk said they met requirements with width on lake shore lots. Mr. Westlund asked if there were covenants
on the lake side. Mr. Gilk said the covenants on the First Addition would continue on the lake shore lots in his
development. Scott Hagg explained the covenant in the First Addition.
• Mr. Gilk stated, he has talked with Mr. Moon, Parks and Recreation Director, regarding a building in the park.
He explained, that he had proposed constructing a building to be used for storage during the construction of
his development and later it would be turned over to the City. Mr. Gilk said this would be a coordinated effort
for a building to work for them and the City.
Mr. Arndt asked if there is any proposed fencing around the pond. Mr. Gilk explained the proposed sloping of
the pond. Mr. Marka said the city has an interim standars for pond design regarding the slope of the pond, and
Mr. Rodeberg, City Engineer had reviewed the plans. n (-2)
HUTCHINSON PLANNING COMMISSION MINUTES
MARCH 18, 1997
Mr. Arndt asked if the tree line on the north end behind the existing lots would on the present property owners
lots. Mr. Marka said the plantings are not a requirement, although it is proposed on plat, and the City cannot
require something that would infringe on another individual's property. Mr. Gilk said the trees will have to be
4, 5, 6' tall and planted shoulder to shoulder on north side of Cty. Rd. 82 so that they may serve as a snow
wind break next winter.
John Macemon, 1120 So. Grade Ct, explained that he had talked with Mark Schnobrich, city forester. He said
Mr.Schnobdch had stated he would put 10' trees on County Rd. 82 and on his lot. Mr. Macemon commented
this would take up 25' of his back yard. He would like more trees planted on Mr. Gilk's property.
The planning commission would like staff and Mark Schnobrich to take another look at the windbreak. -
Mr. Arndt made a motion to close the hearing, seconded by Mr. Lenz. The hearing closed at 6:08 p.m.
Motions were made as follows:
Item a) Mr. Lenz made a motion to recommend approval. Seconded by Mr. Westiund the motion was carried
unanimously.
Item b) Mr. Lenz made a motion to recommend approval with staff recommendatons. Seconded by Mr.
Westlund the motion was carried unanimously.
Item c) Mr. Lenz made a motion to recommend approval. Seconded by Mr. Westlund the motion
was carried unanimously.
Item d) Mr. Lenz made a motion to recommend approval. Seconded by Mr. Westlund the motion
was carried unanimously.
e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE HUTCHINSON SCHOOL
DISTRICT FOR ADDITIONS TO WEST ELEMENTARY, PARK ELEMENTARY, AND THE MIDDLE SCHOOL.
Chairman Dean Wood opened hearing at 6:10 p.m. with the reading of publication #5002 as published in tLe
Hutchinson Leader on Thursday, March 6, 1997. The request is for the purpose of considering a condRi
use permit by the Hutchinson School District for additions to West Elementary, 875 School Road S.W.; PW
Elementary, 100 Glen Street S.W.; and Middle School, 1365 South Grade Rd.
Ms. Baumetz gave the background information for the proposed school improvement projects.
Phil Behread, architect with ATS &R and John Carter from the School District explained the plans for the
additions on West Elementary, Park Elementary, and the Middle School.
Mr. Marka commented on the plan review.
Mr. Amdt expressed concerns regarding school bus driveways and parking. He also asked to have fill from
the construction placed along South Grade Road for a walking path. It was recommended that John Rodeberg
check on the feasibility of this before making any recommendations.
Dale Baker from the school district said driving and parking conditions will be improved when the construction
projects are completed.
Mr. Lenz made a motion to close the hearing, seconded by Mr. Westlund the hearing closed at 6:28 p.m. Mr.
Arndt recommended approval with staff recommendations to consider improvements on South Grade Road,
and aligning the access off the West Elementary parking lot with 8th Avenue S.W. Seconded by Mr. Westlund
motion carried unanimously.
f) CONSIDERATION OF CONDITIONAL USE PERMIT TO CHANGE USE OF A COMMERCIAL BUILDING TO
A CHURCH LOCATED IN THE C-4 DISTRICT (FRINGE COMMERCIAL) 560 ADAMS ST. REQUESTED BY
THE APOSTOLIC LIGHTHOUSE CHURCH.
Chairman Dean Wood opened hearing at 6:35 p.m. with the reading of publication #5003 as published in the
Hutchinson Leader on Thursday, March 6, 1997. The request is for the purpose of considering a condifigiffiL
use permit by Apostolic Lighthouse Church to change use of a commercial building to a church located inqr
C-4 District (Fringe Commercial) 560 Adams St.
Ms. Baumetz explained the requirements on parking noting a Adams Street is scheduled for reconstruction.
There will be no on- street parking when it is completed.
HUTCHINSON PLANNING COMMISSION MINUTES
MARCH 18. 1997
Mr. Marka stated it is a nonconforming structure in the C-4 District.
Mr. Arndt made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 6:36 p.m. Mr. Lenz
made a motion to recommend approval of the request. Seconded by Mr. Westund motion carried unanimously.
g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SHERRON THEIN TO PLACE A
PORTABLE SIGN ON CITY PROPERTY NEAR THE CORNER OF HARRINGTON AND SOUTH GRADE RD.
Chairman Dean Wood opened hearing at 6:45 p.m. with the reading of publication #5004 as published in the
Hutchinson Leader on Thursday, March 6, 1997. The request is for the purpose of considering a conditional
use permit requested by Ms. Sherron Thein to place a portable sign on City property near the corner of
Harrington Street and South Grade Road.
Ms. Baumetz explained the sign ordinance and the location of the sign at the Civic Arena. Ms. Baumetz also
informed the commission of the second event to be held in October. She explained the second event would
be included in this conditional use permit.
Mr. Arndt recommended publishing a letter in paper concerning signs in public flower gardens.
Mr. Arndt moved to close the hearing, seconded by Mr. Westlund the hearing closed at 6:50 p.m. Mr. Lenz
made a motion to recommend approval of the request. Seconded by Mr. Amdt the motion carried unanimously.
h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ELROY DOBRATZ TO REPLACE
EXISTING GARAGE WITH A 24'X 32' GARAGE LOCATED AT 603 - 2ND AVE. S.W.
Chairman Dean Wood opened hearing at 6:50 p.m. with the reading of publication #5005 as published in the
Hutchinson Leader on Thursday, March 6, 1997. The request is for the purpose of considering a conditional
use permit requested by Mr. EIRoy Dobratz to replace existing garage with a 24'x 32' garage located at 603 -
2nd Ave. S.W.
Mr. Marka explained request, and stated planning staff recommended approval.
Mr. Arndt moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:52 p.m. Mr. Arndt made
a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lenz the motion
carried unanimously.
I) CONSIDERATION OF VARIANCE REQUESTED BY BRUCE PETERSON TO REPLACE EXISTING
GARAGE WITH A 24'X 24' GARAGE LOCATED AT 204 GROVE ST.
Chairman Dean Wood opened hearing at 6:40 p.m. with the reading of publication #5006 as published in the
Hutchinson Leader on Thursday, March 6, 1997. The request is for the purpose of considering a request for
a variance by Mr. Bruce Peterson to replace an existing garage with a 24'x 24' garage located at 204 Grove
Street.
Mr. Marka stated he had met with Mr. Peterson and reviewed the site. The lot depth is substandard making
it a hardship. Curb cuts would stay where they are. There are no easements in the area.
Mr. Arndt made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 6:45 p.m. Mr. Arndt
made a motion to recommend approval with staff recommendations. Seconded by Mr. Westlund the motion
carried unanimously.
j) CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE SECTION 8.08 REGARDING
MANUFACTURED HOMES.
Chairman Wood opened the hearing at 6:50 p.m. with the reading of publication # 5007 as published in Thg
Hutchinson Leader on Thursday. March 6, 1997. The request is for the purpose of the consideration to amend
the zoning ordinance section 8.08 regarding manufactured homes.
A suggestion was made to have staff monitor the clean up of Country Club Terrace.
Mr. Lenz made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 6:51 p.m. Mr. Lenz
• made a motion to recommend approval with staff recommendations. Seconded by Mr. Arndt the motion carried
unanimously.
HUTCHINSON PLANNING COMMISSION MINUTES
MARCH 18. 1997
4. OLD BUSINESS
a) REVIEW OF LOT DIMENSIONS IN THE MEDIUM DENSITY DISTRICT •
Mr. Marka explained planning staff recommendations.
Mr. Wesbund made a motion to recommend moving review of lot dimensions to next month's agenda as a public
hearing. Mr. Lenz seconded the motion. The motion carried unanimously.
b) COMPREHENSIVE PLAN UPDATE
Mr. Marka explained updating the comp. plan to a working document that can easily be changed by staff. Larry
Huhn explained the technology and ease that maps can be updated with base maps.
Mr. Lenz said being involved with the updating process of the comp. plan was a great learning experience. He
would like the county to have some of our maps for information. Mr. Lenz recommended forwarding to the
council the approved dated maps and have a monthly review of one or two section of the comp. plan.
Seconded by Mr. Arndt the motion carried unanimously.
5. NEW BUSINESS
a) DISCUSSION OF CONDITIONALLY PERMITTING LIGHT'LOW IMPACT' HIGH TECHNOLOGY INDUSTRY
IN THE C-4 DISTRICT.
Mr. Marka explained the business climate is changing. Permitting light "low-impact' high technology industry
in the C-4 District could provide uses of vacant buildings. Mr. Arndt recommended taking case by case.
Ms. Baumetz commented on the seminar April 17 in St. Cloud for planning staff and commissioners. Those
attending will be Jim Haugen, Marilyn Swanson, Bonnie Baumetz, and possibly Dave Wesbund.
Ms. Baumetz explained the new interest in commissions form which will be distributed to the public through
City newsletter.
There being no further business the meeting adjourned at 7:17 p.m.
H: \PLANNING \PC3- 18.WPD •
0
HUTCHINSON TREE BOARD
FETING MINUTES, JANUARY 30, 1997
In attendance: Dave Larson, Ray Wurscher, Jay Beytien,
Laura Poser, and Brian Brosz.
Opened @ 5:25 by Dave Larson.
First topic of conversation, presented by Dave, was the
Bluebird house building held at Gopher Campfire on April
12th. Dave suggested holding our Arbor Day celebration
there by having a booth. He recalled that Mark Schonbrich
gave away trees last year, and hopes that we can expand
that with possibly a film, a Tree City banner /flag, and a
sign -up sheet for an "Adopt A Tree" promotion. will need
to check with Mark as to the banner availibility.
The Adopt -A -Tree would be asking for children to volunteer
to adopt a tree for the purpose of keeping it watered. We
could expand that into having a family signing up, not
just children. We would like to have this to help us
reduce the loss of trees, and also use this program in our
next presentation to the Hutchinson Utilities Commission's
Board.
L
MINUTES
Parks, Recreation & Community Education Advisory Board
0 March 6, 1997
Members present were Mike Schall, John Mlinar, Loretta Pishney, J.P. Auer and Rev. Brian Brosz. Also
present were Dolf Moon, John Arlt and Karen McKay.
The meeting was called to order at 5:20 p.m.
The minutes dated February 6, 1997 were approved by a motion made by Loretta Pishney and seconded by
John Mlinar. The board unanimously agreed 5 -0.
Annual Report - The Board appreciated PRCE staff presenting their year end statistics.
Baseball Proar - S 19,500 of baseball registrations were taken from a two day signup at the Muddle
School. The city league and the Junior League Baseball players will wear common colored caps and pants.
The Junior Baseball League has a limited number of openings for registration available, the city leagues
have an unlimited registration, however a late fee is charged after June 6th. The Softball Association
would like to do a similar registration signup.
Community Education Buda et - The new superintendent requires a zero based budget. In Community
Education the budget is fee based, a modified zero based budget is followed. If costs are not covered,
classes are cancelled. With a $204,000 budget, Youth Services and Adult Basic Education are included.
P D1 - A subcommittee is formed to develop job descriptions for positions, a calendar of use, they are also
contacting user groups to find out what their needs are. The referendum passed with the intention that the
pool will be used for education first, community use second priority and competitive activities third. The
High School locker rooms will be under construction beginning March 21 st, the gym will be usable. 75
people are signed up for spring swimming lessons, they will be receiving a letter of explanation and a full
refund.
Proaram Committee Recommendation - Greg Ewing was present representing the Programming
Committee. After reviewing the minutes from the Programming Committee's February meeting, Greg
outlined the reasoning for the recommendation from the Committee. The Committee recommends that the
city's responsibility to the community is to provide skating lessons to pre - school age up to and including
freestyle level three. This was determined because of the amount of time that is spent overseeing the
skating program when other recreational activities need attention also. The city basically provides
opportunities for users up through the eighth grade in group lessons or teams, whereas the skating
program goes beyond that when freestyle four and above require more individualized needs. Survey results
show that freestyle level three and below are pleased with the way the skating program is run, while level
four and above are unhappy with instructors and amount of ice time available to skaters. The
Programming Committee felt the Hutchinson Figure Skating Association could rent ice, secure a coach to
teach freestyle four and above and oversee the junior and senior precision teams.
-4 (� L)
bIINL1TES
Parks, Recreation & Community Education Advisory Board
March 6, 1997
Page two
Proaram Committee Recommendation Cont.
After discussion, Board members were going to contact HFSA representatives to find out what some of
the issues are, and recommended that a task force be formed. This item was tabled and will be on the April
agenda.
Porky & Facilities Recommendation - The Board received a copy of a recommendation from the Parks and
Facilities Committee to increase the cost of renting picnic tables and bleachers beginning in 1998.
Beg4u»ng in 1997 they are also recommending a release of liability be signed in addition, the parks staff
will need to check in the rental items following the rental. A proof of insurance must be shown, and the
method of transportation needs to be approved prior to the release of items for large rentals. J.P. Auer
made a motion to accept the recommendation as outlined by the Parks and Facilities Committee, John
Mlinar seconded the motion. The Board agreed unanimously 5 -0.
Lutheran - n Brotherhood Adoptive Group of Fireman's Park - The Board received a request from Dick
Fischer, representative of Lutheran Brotherhood, asking for approval to adopt Fireman's Park. Lutheran
Brotherhood have made a commitment to make park improvements for five years beginning with the
donation of a tree. John Arlt has spoke with members of the Fire Department and they have given initial
approval, a final decision will be made at the next regular meeting of the Fire Department. The park would
be called Fireman's Park adopted by Lutheran Brotherhood. J.P. Auer made a motion to approve the
proposal made by Lutheran Brotherhood contingent with the Fire Department's approval. Loretta Pishney
seconded the motion and the Board agreed unanimously 5 -0.
The meeting was adjourned at 6:45 p.m. by a motion made by John Mlinar and seconded by Loretta
Pishney, the Board unanimously agreed 5 -0.
klm
RESOLUTION TO APPROPRIATE/SALE AT AUCTION
• OF UNCLAIMED PROPERTY
Resolution No. 10829
WHEREAS, the Hutchinson Police Department has accumulated various unclaimed
items;
AND WHEREAS, the Hutchinson City Code provides pursuant to Section 2.70,
Subdivision 2, Paragraph C for the appropriation and sale at auction of unclaimed
property;
AND WHEREAS, the unclaimed property has been in the possession of the police
department for more than sixty (60) days;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUTCHINSON, MINNESOTA:
1. That the Hutchinson City Council hereby approves the appropriation of
unclaimed items identified on Attachment A to the City of Hutchinson.
2. That the Hutchinson City Council hereby approves the sale at auction of
• unclaimed items identified on Attachment B.
Adopted by the City Council this 22th day of April, 1997.
Mayor
City Administrator
11
3 prybars •
Motorola cellular phone
4 screwdrivers
Pliers
Padlock, key & cable set
4 calculators
•
•
ATTACHMENT A
1 Sega Genesis game -King Salmon
1 Sega Genesis game - Olympic Gold
2 Igloo Playmate coolers
• 1 Igloo Legend 24 cooler
Hummingbird flag
1 cement rabbit
3 cement skunks
1 plastic squirrel
3 plastic rabbits
26 driveway reflectors (red & blue)
Bart Simpson whirlygig
Road Runner whirlygig
Wooden Tulips
Candy cane lawn ornament
Blue tent
hatchet
1 crowbar
2 tire irons
wood handled pick
1 pin (farm implement type)
1 Eveready flashlight
1 floor jack
Fire extinguisher
8 hunting knives with sheaths
2 machettes in cases
• 1 filet knife in case
Sears wooden baseball bat
1 Rawlings youth glove
1 red Wilson minipro glove
1 'Wvix filter' flashlight
Zebco Deliar scale and measure
Remington clippers
1 deck "Bicycle" playing cards
MTX RTA230 30 watt amplifier
2 Pioneer IMPP speakers
Alpine CD changer CHM -5600 with remote
CD shuttle control
Jensen JX2300 2/3 way electronic crossover
Multi channel ampler 100Wx4 mosfet power
Onkyo Integra stereo cassette tape deck
Sony 5 disc player
Denon AM/FM stereo receiver
2 speakers in wooden homeade box with black metal covers
Sony car stereo AM/FM cassette
Kraco in dash cassette tape player AM/FM
Pioneer AWFM stereo
Sparkomatic AWFM cassette stereo
Pioneer speaker
Realistic equalizer /booster
ATTACHMENT B -1
Kraco power booster PB131 B
Realistic cassette stereo
Jensen 60 watt EQA77 equalizer
2 Pioneer mini tune up speakers •
Sharp stereo AM/FM cassette player
Sears, Roebuck, and Co. AM/FM Cassette
Kraco AM/FM Cassette
Audiovox AM /FM
Mobile Authority AM/FM Cassette
Daytron AM/FM Cassette
Bell South Cordless phone/answering machine
Panasonic easaphone
Realistic wireless intercom
Texas instrument day /month/year
Whistler 225 radar detector
Whistler 225 Radar Detector
Trapshooter Radar Detector
Uniden Radar Detector
Road Patrol Radar Detector
White diaper bag
Sharks jersey
Gray face mask
Starter Jacket "UK'
2 black backpack type purses
Small wooden ornate box
2 beach towels •
Nike baseball hat
3 t -shirts
Gray Champion shirt
Tan purse with brown strap
Levi jeans 30132
Nike Jersey (Size M)
green flowered suitcase
2 cards of necklace & earring combos
3 cards of earrings
1 ladies Timex wristwatch
1 gold colored ring with with stone & 2 clear stones
1 Black Hills gold ring
2 -South Dakota necklace & earring sets with colored stones
1 -gold colored chain
1 gold colored Rolex mens watch
Gold colored butterfly ring
32 Rings in boxes (Black Hills Gold type)
5 Necklaces in boxes (Black Hills Gold type)
4 pairs of earrings in boxes (Black Hills Gold type)
1 single earring on card
Bicycles & bicycle parts
Stroller
ATTACHMENT B -2
0
M E M O R A N D U M
DATE: April 22, 1997
TO: Mayor & City Council
FROM: Water Billing Department
SUBJECT: Delinouent water & sewer accounts for the month of April
Attached is a listing of the delinquent water and sewer accounts
for the month of Apr. Recommend service be discontinued on Monday,
. April 28th, 1997 at Noon.
E
'�/ - d�I
•
2- 035- 0503 -0702
2- 350- 05050 -0201
Shellie Amelsberg
Richard Mattson
503 2nd Ave SW
505 Dale St
Hutchinson MN 55350
Hutchinson MN 55350
503 2nd Ave SW
505 Dale St
114.56
80.84
CC: Mike Mooney
65 Game Farm Rd
2-470- 0715 -0301
Maple PLain MN 55359
E Duesterhoeft
715 Harrington St
2- 070 - 0728 -0205
Hutchinson MN 55350
Mark Carrigan
715 Harrington St
728 4th Ave SW
146.36
Hutchinson MN 55350
728 4th Ave SW
2 -555- 0530 -0401
87.98
Angela Biehler
530 Jackson St
2- 310 - 0934 -0202
Hutchinson MN 55350
Wm Herding
530 Jackson St
934 Church St
98.69
Hutchinson MN 55350
•
934 Church St
2 -580- 0585 -0703
166.52
Pam Pulkrabek
PROMISES 5 -2 -97
585 Juergens Rd
Hutchinson MN 55350
2- 350- 0325 -0002
585 Juergens Rd
Thomas Smith
99.53
325 Dale St
Hutchinson MN 55350
15- 0555 -0202
325 Dale St
Jim eitzreutz
180.80
555 L wood
Hutchinso 55350
2- 350 -0344 -0704
555 ewoo r
Terry Sitz
L .63
344 Dale St
Hutchinson MN 55350
2- 670 - 0230 -0706
344 Dale St
Brian Yarborough
145.77
230 Lynn Rd
Hutchinson MN 55350
230 Lynn Rd
245.41
r- I
i
2- 670 - 0400 -0109
John Sandahl •
400 Lynn Rd
Hutchinson MN 55350
400 Lynn RD
117.38
2- 675- 0544 -0301
Keith Krommenhoek
544 Madson Ave
Hutchinson MN 55350
544 Madson Ave
98.06
2- 700 - 1320 -0001
Ronald J Thompson
1320 McDonald Dr
Hutchinson MN 55350
1320 McDonald Dr
99.05
PROMJES 5 -2 -97
2- 725 -0946 -0402 •
Dr Lobeck
946 Osgood Ave
Hutchinson MN 55350
946 Osgood Ave
143.00
2- 465- 0533 -0002
Thomas Clabo
533 Harmony La
Hutchinson MN 55350
533 Harmony La
124.94
1 -575- 0992 -0301
W Duesterhoeft
225 Shady Ridge Rd
Hutchinson MN 55350
992 Jorgenson St
103.20
CC: Nathan Libbon
992 Jorgenson St
Hutchinson MN 55350
0
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
1 AL30 ADM ITCD IN TC .S AND NEW YORK
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S. E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
April 14, 1997
Re: Richard Waage and the City of Hutchinson
Our File No. 3244 -96101
Der Gary:
8 'R 14 1997
— it HUTCH. '7y
OF COUNSEL
ARTHUR L. DOTEN
TERRI A. BLOMFELT
5861 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
FAX (612)542 -9210
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FA% (612) 369 -5506
I am enclosing herewith a copy of the official Rule 68 Offer of Judgment which was accepted by opposing
counsel. I would ask that you place this on the consent agenda for action by the City Council at its next
regularly scheduled City Council meeting. The Rule 68 Offer of Judgment is consistent with discussions
that I had with the Council during a closed meeting of the City Council a few weeks ago.
I spoke with the claims representative for the League Trust regarding payment of the settlement proceeds
and she was going to speak with her superior regarding whether or not the reservation of rights was at all
effective with respect to this matter. I take the position that all of the damages and any attorney's fees
awarded to Waage ought to be the responsibility of the Leagu Trust and I am not certain what the position
of the League Trust is with respect to this matter. I expect to hear from him sometime in the next several
days.
I do believe this correspondence, although not the Offer of Judgment form, is protected by attomey /client
privilege since it references discussions at the closed meeting stage of these proceedings.
Should you have any questions regarding any of the foregoing, please advise. Thank you. Best regards.
Very truly yours,
J'a 4An ERS DOVE, PLLP
GBarry , !, ¢ n
GBA:lm
C C Tim Pawlenty
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(320) 587 -7575
FAX (320) 587 -4096
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERT', LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
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
'ALSO ADMITTED IN TE.. AND NEW TORN
(320) 587 -7575
FAX (320) 567 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
April 18, 1997
APR 18 1997
ci- )F HUTCHi 0
OF COUNSEL
ARTHUR L. OOTEN
TERRI A. BLOMFELT
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 345 -9000
FAX (612) 545 -1793
FAX (612) 542 -9210
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
Mr. Gary D. P1otz FAX (612) 389 -5506
City ` Administrator
Hutchinson City Center PROTECTED BYATTORNEY /CLIENT PRMLEGE
111 Hassan Street S.E.
Hutchinson, Mn. 55350
Re: Richard Waage vs. City of Hutchinson
Court File No. 97- 350/PAM/JGL
Our File No. 3244 -96101
Dear Gary:
Since I last wrote to you about the above referenced matter, I have had a subsequent telephone conference with
Ms. Dees of the League Trust. To review matters, as you know, counsel for the plaintiff in the above entitled
dispute has submitted a bill for $36,000 in legal fees which, under the offer of judgment, would be the
responsibility of the City if the Court were silly enough to order ful l payment of that amount which I think, to
put it mildly, is extremely unlikely to happen. I have taken the position that this item, as well as the payment
of the general damage amount are the responsibility of the League Trust under the policy of insurance that the
City has with the League Trust.
I can now confirm for you that Ms. Dees, who is the claims representative on the file, has conceded that I am
correct relative to the attorney's fees and the matter of who pays what percentage of the $15,000 settlement
has been kicked up stairs to be debated among the policy makers at the League Trust. I indicated to her that
it would certainly be convenient if we knew what their position was on the r emainin g amounts that have not
yet been conceded because the City Council would be meeting on Tuesday evening. She has certainly been very
cooperative and helpful throughout the process and indicated she would make every effort to get us information
regarding the position of the League Trust on the $15,000 settlement proceeds by our Tuesday evening meeting.
I will report more as I learn more.
If you should have any questions regarding any of the foregoing, please advise. Thank you. Best regards.
Very truly yours,
LD, ARSON & OVE, PLLP
I G B Anderson
GBA :lm
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
0
•
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
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Richard D. Waage,
Plaintiff,
kv
City of Hutchinson, Minnesota,
DEFENDANT'S RULE 68 OFFER OF
JUDGMENT
Civil Action No. 97 -350
PAMJJGL
Defendant.
TO: PLAINTIFF ABOVE -NAMED AND HIS ATTORNEY, JOSEPH B. MARSHALL, ESQ.,
MARSHALL AND ASSOCIATES, 9501 LEXINGTON AVENUE NORTH, CIRCLE
PINES, MINNESOTA 55014
PLEASE BE ADVISED that pursuant to Minnesota Statute § 549.09, subd. 1 and Rule 68 of
the Federal Rules of Civil Procedure, Defendant makes a written Offer of Settlement in the amount
of Fifteen Thousand Dollars (515,000.00), plus reasonable attorneys fees, costs and disbursements,
• accrued to date as determined by the Court, said sum being offered in compromise and settlement of
a disputed claim for damages in the above - entitled case. This Offer of Settlement is made for the
purposes specified in Rule 68, and is not to be construed either as an admission that the Defendant is
liable in this action, or that the Plaintiff has suffered any damage.
Notice is hereby given that Defendant will seek to recover all allowable costs and
disbursements incurred after this notice and will seek to limit Plaintiffs attorneys fees should the
verdict in this case be less favorable to the Plaintiff than this Offer of Settlement.
ER, BENNETT, UNDEL, LP
a 3
By
Timothy J. Pawlenty (4177593)
Dale L. Deitchler ( 4233109)
Attorneys for Defendant
2000 Metropolitan Centre
333 South Seventh Street
• AA.. -- -- __ 11 p Minneapolis, Minnesota 55402
DATED: 1 Z d . 1 1997 (612) 340 -7951
122020- 122020.1 _ ��
U.S. DISTRICT COURT •
DISTRICT OF MINNESOTA
FOURTH DIVISION
Court File No: 97 -350
Richard D. Waage, PAM /JGL
Plaintiff, CASE TYPE: CIVIL
Jury Trial Demanded
VS.
City of Hutchinson,
ACCEPTANCE OF OFFER
Defendant. PURSUANT TO RULE 68
TO: ABOVE NAMED DEFENDANT and it's attorneys, Timothy J.
Pawlenty and Dale L. Deitchler, Rider, Bennett, Egan &
Arundel, LLP, 2000 Metropolitan Centre, 333 South Seventh
Street, Minneapolis, Minn. 55402.
NOTICE IS HEREBY GIVEN that Plaintiff hereby accepts
Defendant's offer to take judgment in settlement of the above
litigation under the provisions of Rule 68, Federal Rules of Civil
Procedure. Specifically, Plaintiff accepts the following offer and
will seek to enter judgment accordingly:
Offer of Settlement in the amount of Fifteen
Thousand Dollars ($15,000.00), plus reasonable
attorneys fees, costs and disbursements, accrued to
date as determined by the Court. . .
Attached hereon and submitted herewith is the original
Defendant's Rule 68 ! Offer of Judgment.
DATED: �7
MAR AND A88O¢I4T]ES,
Attorney for Plaintiff
9501 Lexington Avenue North •
Circle Pines, MN 55014
(612) 784 -0890
AFFIDAVIT OF SERVICE BY MAIL
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Sandra S. Zitterow, of the City of Bloomington, County of Hennepin, State of Minnesota,
being first duly swom, on oath deposes and says that on the 28th day of March, 1997, she served the
following documents:
1. Defendant's Rule 26 Disclosures; and
2. Defendant's Rule 68 Offer of Judgment.
on Joseph B. Marshall, counsel for Plaintiff by mailing to him a copy thereof, enclosed in an
envelope, postage prepaid, addressed as follows:
Joseph B. Marshall, Esq.
Marshall & Associates, P.A.
9501 Lexington Avenue North
Circle Pines, MN 55014
A counsel's last known address, and by depositing same in the post office in Minneapolis, Minnesota.
Sandra S. Zitterow
Subscribed and swom to before me
this 28th day of March, 1997.
Notary Publi
. nnnNV.M�.vvw✓✓vwwvw�wv�vwvN ■
SHELLY L. BAKER
NOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
. 1h C=01N40 i Ex0rn J■I. 31,1000
• 133020- 133020.1
APR -22 -1997 14:19 LMCIT- HERKLEY RISK SVCS 612 281 1297 P.01iO4
facsimile
TRANS M I T T A L
to:
Barry Anderson
tax M
(320) 587 -4096
re:
Waage vs. City of Hutchinson
date:
April 22, 1997
pages:
4, including this cover sheet
Barry,
Pursuant to our conversation, attached please find a copy of the reservation of rights letter on the
abovementioned matter. Please call me with the council's decision.
Thank you,
la ! v
Andriel M. Dees
•
From the desk of...
AndrW M. Dees
Empbyr nt Clalma Speciallat
League of Minnesota cities
145 University AVenUe Weet
St. Paul, MN 55103-2044
(612) 2194075
Fax: (612) 281 -1297
•
APR -22 -1997 14:20
L MIC
Lregw W'a Vxe.sota C"Ga
Cm« M*.*O g e:
December 18, 1996
Gary D. Plotz
LMCIT- BERKLEY RISK SVCS
612 281 1297 P.02iO4
145 Universitv Avenue West, St. Paul, MN 55103 -2444 •
Phone (612) 281 -1200 • (800) 925 -1122
Fax: (612) 281 -1299 • TDD (612) 281 -1290
City Administrator
City of Hutchinson
111 Hassan Street SE
Hutchinson, Minnesota 55350 -2522
RE: BRS File No.:
11016218
Trust Member:
City of H utchinson
Claimant:
Richard D. Waage
D /Occurirence:
11/26/94 (arbitrary)
D /Claim Made:
11/26/96
Dear Mr. Plotz:
This letter will formally acknowledge receipt of the notice of claim filed by Richard D. Waage •
against the City of Hutchinson.
Please be advised that Tim Pawlenty of Rider, Bennett, Egan & Arundel law firm has been
assigned as defense counsel. He will take the necessary steps to protect your immediate
interests. I will be assisting in the investigation of this matter. I would encourage you to
cooperate with me and Attorney Pawlenty and ask that you advise your city employees and
city officials to refrain from discussing the subject matter of this potential litigation with
anyone other than representatives of Rider, Bennett, Egan & Arundel, Berkley Risk Services,
Inc_, and the League of Minnesota Cities Insurance Trust (LMCIT).
Mr. Waage is claiming that the City violated his rights under the Fair Labor Standards Act
(FLSA) by not paying him compensatory time at the rate of 1.5 hours. Mr. Waage seeks a
settlement of $30,400.00 which would include alleged overtime pay plus attorneys' fees and
costs.
Please be advised that any investigation or action taken by a representative of the LMCIT on
this claim is done with a full Reservation of Rights under the Covenant between LMCJT and
the City of Hutchinson under Covenant No. CMC 16570 with a coverage period of July 1,
1996 through July 1, 1997 on a claims made basis. Any investigation, adjustment or defense
of this claim or any action whatsoever by representatives of the LMCIT will not constitute a
waiver of any rights LMCIT might have under the covenant.
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER
APR -22 -1997 14:20
BR5 File No.:
• Trust Member;
Claimant:
LMCIT- BERKLEY RISK SVCS
11016218
City of Hutchinson
Richard D. Waage
612 281 1297 P.03iO4
Page 2
December 18, 1996
It is, of course, understood that you do not waive any of your rights under the covenant. I
would specifically refer you to the Comprehensive Municipal Coverage form under Coverage
A, which states in part:
Coverage A. Municipal Liability Coverage (Claims Made Basis)
Coverage Agreement
a. Except as otherwise provided in this agreement, L.MCIT will pay on behalf of
the "covered party" all sutras which the "covered parry" shall become legally
obligated to pay as damages as a result of an occurrence__.
Also, I refer you to the definition of Damages. Damages means "money damages, and
includes awards for attorneys' fees with respect to federal civil rights suits and state human
rights suits."
Damages does not include any of the following:
a. Any obligation of a "covered party" under a workers' compensation, disability
benefits, or unemployment compensation law or any similar law;
b. Exemplary damages or punitive damages claimed or levied against an officer,
employee or volunteer of the "city", provided that the officer, employee, or
volunteer:
(1) Was acting in the performance of the duties of the position; and
(2) Was not guilty of malfeasance in office, willfW neglect of duty, or bad faith.
C. Fines or penalties imposed by law.
Injunctive or equitable relief, or quasi-judicial or administrative orders.
With respect to this claim, any fines or penalties imposed under the FLSA would not be
included as damages under this covenant.
In addition, there are some exclusions to the coverage. Exclusion 3(t) states that "This
coverage does not apply to any wages and employment benefits for work that has been
performed by the employee making the claim, or any claimed increases in such wages and
employment benefits for work that is hereafter performed by the employee making the claim.
•
-T
APR -22 -1997 14.20 LMCIT- BERKLEY RISK SVCS 612 281 1297 P.04iO4
BRS File No.: 11016218 Page 3
Trust Member: City of Hutchinson December 18, 1996 •
Claimant: Richard A. Waage
Accordingly, to the extent it is determined that the events claimed or relief sought do not meet
the definition of damages, or are excluded, then coverage would not apply.
In addition to the abovementioned coverage issues which I have cited, there could be further
coverage defenses or exclusions that may be applicable. I reserve the rights of LMCIT to
raise such further coverage defenses or exclusions as are applicable.
In the event that there are additional pleadings served upon you in conjunction with this case,
please forward those items to us immediately. If you have any questions, feel free to contact
me at (800) 925 -1121
Sincerely yours,
I
�aj`fk.
A,ndriel M. Dees
Employment Claims Specialist
AMD •
cc: Bob Weisbrod Tim Pawlenty
Berkley Risk Services Rider, Bennett, Egan & Arundel
•
TOTAL. P.04
0
I N T E R
MEMO
O F F I C E
Date: April 16, 1997
To: Mayor & City Council
From: Marilyn J. Swanson, Administrative Secretary
IMIM 1 :I DKKII U9N V WWI 1'
Again this year Richard Seipel is requesting a transient merchant permit to sell fresh produce within
the municipality. The Country Stop, Inc. has been issued a permit since 1992, and there have been
no complaints or problems with Mr. Seipel's business operation.
Mr. Seipel has permission from Runnings to set up a stand on their lot from mid -June to Labor Day
weekend.
cc: Richard Seipel
Steve Madson, Police Chief
Oil
C
To: Mayor and Council
From: Dolf Moon, Director- P.R.C.E
Mary Haugen, Facilities & Operations Manager
Date: April 16, 1997
Re: Bid advertisement for Rec. Center roof replacement
The 1997 Recreation Center budget includes $38,000. for replacement of
the flat roof over the office /locker room area. Plans and specifications
have been prepared and we would like to proceed.
We are asking for your approval to advertise for bids and to set a bid
opening date of Tuesday, May 20 1997. Thank -you for your
consideration.
• City Center Parks & Recreation Police Services
111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW
Hutchinson. MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson. MN 55350 -2464
(320) 587 -5151 (320) 587 -2975 (320) 587 -2242
Far (320) 234.4240 Fax (320) 234 -4240 Fax (320) 587-6427
- Printed on recycled paper -
I n
u
0
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
DAVID B. ARNOLD
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
STEVEN A. ANDERSON
G. BARRY ANDERSON
LAURA K. FRETLAND
PAUL D. DOVE *
JANE VAN VALKENSURG
RICHARD G. MOGEE
CATHRYN D. REITER
WALTER P. MICHELS. III
'ALSO ADMITTED IN TE% AND NEW YORK
(320) 567 -7575
FAX (320) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
April 16, 1997
Ms. Marilyn Swanson
Administrative Secretary
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RE: Plastic Specialities Manufacturing, Inc.
Our File No. 3244 -97106
Dear Marilyn:
I
iF HUTCHI
OF COUNSEL
ARTHUR L. DOTEN
TERRI A. BLOMFELT
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
FAX (612) 542 -9210
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 389 -5506
I am enclosing herewith for inclusion on the City Council consent agenda the following documents:
Promissory note calling for a loan of $100,000 from the economic development fund
of the City to PSM secured by a standard form security agreement;
2. Promissory note in the amount of $100,000 calling for a loan from the City's
economic development fund secured by a mortgage on the PSM property. This loan
is to be replaced by a Southwest Minnesota Foundation loan if that process is
ultimately successful. If it is not successful, this loan will remain in place and will be
paid out over five years.
3. A site purchase agreement;
4. The ordinance authorizing the sale to PSM.
These documents all reflect the same structure of the deal as was outlined to the City Council last
week. Since each involve legal commitments on the part of the City, I felt it appropriate to have these
documents approved by the City Council, although an argument can be made that strictly speaking
the same would not have been necessary.
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
Ms. Marilyn Swanson
April 16, 1997
Page 2
I do think these can be consent agenda items as noted above. Should you have any questions
regarding any of the foregoing, please advise. Thank you. Best regards.
Very truly yours,
ARNOLD, ANDERSON & DOVE, PLLP
G. Barry Anderson
GBA: hn
Enclosure
•
1]
_0
I�
�J
$100.000.00
PROMISSORY NOTE
Hutchinson, Mo. 55350
April _, 1997
FOR VALUE RECEIVED, the undersigned, Plastic Specialities Manufacturing, Inc., a
Minnesota corporation (the `Borrower ") promises to pay to the order of the City of Hutchinson,
a Minnesota municipal corporation (the "Lender') the principal sum of One Hundred Thousand and
no /100 Dollars ($100,000.00), together with interest thereon as hereinafter stated.
Annual installment payments shall commence on April 25, 1998 and continuing thereafter on
the 25 day of each succeeding April through, and including, April 25, 2002. The installment
amount shall be Twenty Thousand and no /100 Dollars ($20,000.00) principal, along with
accrued interest necessary to fully pay the principal balance of this Note as of the date of
payment, with interest at the annual rate. The annual rate shall be equal to two percent (2 %)
less than the rate as publicly announced from time to time by First Bank, N.A., Minneapolis,
Minnesota ( "First Bank ") as its reference rate. The "reference rate" as used herein is defined
as the annual rate of interest regularly charged by First Bank on unsecured ninety (90) day
loans made to its most creditworthy borrowers. The annual rate shall be adjusted each time
the reference rate changes.
All payments hereunder shall be applied first to accrued interest and the balance shall be applied to
the reduction of the principal balance evidenced hereunder.
If any installment hereof is not paid when due, or if the Borrower shall fail to perform or observe any
obligation binding upon its under any mortgage or security agreement securing this Note or if any
default, or event of default, shall occur under any such agreement, or if the undersigned or any
guarantor shall become insolvent, shall die, shall make an assignment for the benefit of their creditors,
or a receiver shall be appointed for any property of any of them or any proceeding shall be
commenced with respect to any of tem under any bankruptcy or insolvency laws, or if the holder
hereof shall t any time in good faith believe that the prospect of due and punctual payment of this
Note is impaired, then (in any such event) the holder hereof may, at its option, declare the entire
principal balance then remaining unpaid on this Note to be immediately due and payable, and the same
shall thereupon be immediately due and payable, together with all interest accrued hereon, without
notice or demand.
This Note may be prepaid, in whole or in part, without premium or penalty but with interest accrued
to the date of prepayment on the principal amount prepaid.
To the extent permitted by law, the undersigned agrees to pay all costs of collection, including
reasonable attorneys' fees and legal expenses, incurred by the holder hereof in the event hits Note is
not duly paid.
Presentment or other demand for payment, notice of dishonor and protest are hereby expressly
• waived.
This Promissory Note is secured by a Security Agreement and Financing Statement covering certain
equipment described therein. •
PLASTIC SPECIALITIES MANUFACTURING, INC.
LO
Its:
0
•
BORROWER'S
SECURITY AGREEMENT
•
--------------------------------------------------
Borrower: Plastic Specialities Lenders City of Hutchinson
Manufacturing, Inc.
Address:
Borrower:
Address:
Address: 111 Hassan Street SE
Hutchinson, Mn. 55350
Security Interest. This security interest secures (check one):
❑ the payment and performance of each and every debt, liability and
obligation of every type and description which the Borrower may now or at
any time owe to the Bank, whether now existing or hereafter arising,
direct or indirect, due or to become due, absolute or contingent, primary
or secondary, liquidated or unliquidated, independent, joint, several, or
joint and several; or
LXJ the payment of a promissory note dated April, 1997, executed and delivered
by the Borrower to the Lender in the original principal sum of
$100,000.00_, with interest and other charges as therein provided; or
the payment of a dated , 19 ,
executed and delivered by the Borrower to the Bank in the original
principal sum of $ with interest and other charges as therein
provided.
This security interest also secures all extensions, renewals and
replacements of the above described obligations. Such obligations are
hereinafter collectively referred to as the "Secured Obligations ";
The Borrower grants the Bank a security interest in the following property
(hereinafter the "Collateral "):
Inentory.
I All inventory (as the term is defined in the applicable Uniform Commercial
Code) now owned or hereafter at any time acquired by Borrower or in which
Borrower obtains rights; or
LXJ Specific inventory, described as follows:
See attached Exhibit "A"
L J
'C7 -, (1)
Equipment.
LXJ All equipment (as the term is defined in the applicable Uniform Commercial •
Code) now owned or hereafter at any time acquired by Borrower or in which
Borrower obtains rights, including but not limited to the equipment
described on attached Exhibit "A ";
Specific equipment, described as follows:
Accounts, Instruments, Chattel Paper, and Other Rights to Payment.
ID Each and every right of Borrower to the payment of money, whether such
right to payment now exists or hereafter arises, together with all other
rights and interests (including all liens and security interests) which
Borrower may at any time have by law or agreement against any account
debtor (as defined in the applicable Uniform Commercial Code) or other
obligor obligated to make any such payment or against any of the property
of such account debtor or other obligor; or
Specific accounts, instruments, chattel paper and other rights to payment,
described as follows:
General Intangibles.
lX� All intangibles (as defined in the applicable Uniform Commercial Code) now •
owned or hereafter at any time acquired by Borrower; or
❑ Specific intangibles, described as follows:
The Collateral shall include (i) all substitutions and replacements for and
proceeds of any and all of the foregoing property, and in the case of all
tangible Collateral, all accessions, accessories, attachments, parts, equipment
and repairs now or hereafter attached or affixed to or used in connection with
any such goods and (ii) all warehouse receipts, bills of lading and other
documents of title now or hereafter covering such goods.
Borrower warrants, represents and agrees that:
11 n
1. The Collateral LXJ will U will not be acquired with the proceeds of
the loan or advance made on or about the date hereof. If the Collateral will be
so acquired, the Bank is authorized to disburse such proceeds directly to the
seller(s) of the collateral.
2. If part of the Collateral now constitutes, or as and when acquired by
Borrower will constitute, Inventory and Equipment (as those terms are defined in
• the applicable Uniform Commercial Code) such collateral is or will be kept at the
following location or locations: Plastic Specialities Manufacturing, Inc. located
on Lot 2, Block 1, Second Addition to the Hutchinson Industrial District, McLeod
County, Minnesota and will not be removed from such location or locations unless,
prior to any such removal, Borrower has given written notice to the Lender of
the location or locations to which the Borrower desires to remove the same, and
the Lender has given its written consent to such removal. If any of the
locations where Borrower now or hereafter keeps the Collateral are leased by the
Borrower, the Borrower shall at Lender's request, obtain a Landlord's waiver in
a form satisfactory to Lender.
3. Borrower's place of business, or chief executive office if Borrower has
more than one place of business, is located at Lot 2, Block 1, Second Addition
to the Hutchinson Industrial District, McLeod County, Minnesota. Borrower will
notify the Lender in writing of any change in location of Borrower's place of
business or chief executive office.
4. If any Collateral is or will become a fixture, the recorded owner of
the real estate is Plastic Specialities Manufacturing, Inc. and the legal
description of the real estate is Lot 2, Block 1, Second Addition to the
Hutchinson Industrial District, McLeod County, Minnesota. Borrower will not
permit any tangible Collateral to become part of or to be affixed to any real
property without first assuring to the reasonable satisfaction of the Lender that
its security interest will be prior and senior to any interest or lien then held
or thereafter acquired by any other party.
5. If any of the Collateral is goods of a type normally used in more than
one state (whether or not actually eo used), Borrower will contemporaneously
herewith furnish the Lender a list of such Collateral showing the states wherein
the same is or will be used, and such list will identify any Collateral covered
by certificates of title and the issuing states thereof. Hereafter Borrower will
notify the Lender in writing of any other states in which any of the collateral
is so used or which have issued certificates of title covering any of the
Collateral.
6. Borrower has or will acquire title to and will at all times keep the
Collateral free of all liens and encumbrances, except the security interest
created hereby, and has full power and authority to execute this Security
Agreement, to perform Borrower's obligations hereunder and to subject the
Collateral to the security interest created hereby. Borrower will pay all fees,
assessments, charges or taxes arising with respect to the Collateral. There is
no encumbrance or security interest with respect to all or any part of the
collateral which either (i) is superior to the Lender's security interest
hereunder, or (ii) has not been disclosed to the Lender by the Borrower. All
costs of keeping the Collateral free of encumbrances and security interests
prohibited by this Agreement and of removing same if they should arise shall be
borne and paid by Borrower.
7. Each right to payment and each instrument, document, chattel paper and
other agreement constituting or evidencing Collateral is (or will be when arising
or issued) a valid, genuine and legally enforceable obligation, subject to no
defense, set -off or counterclaim (other than those arising in the ordinary course
of business) of the account debtor or other obligor named therein or in
• Borrower's records pertaining thereto as being obligated to pay such obligation.
Borrower will not agree to any material modification, amendment or cancellation
of any such obligation without Bank's prior written consent, and will not
subordinate any such right to payment to claims of other creditors of such •
account debtor or other obligor.
B. Borrower will at any time or times hereafter execute such financing
statements and other documents and instruments and perform such acts as the
Lender may from time to time request to establish, maintain, perfect and enforce
a valid security interest in the Collateral, and will pay all costs of filing and
recording.
9. Borrower will keep all tangible Collateral and all lands, plants,
buildings and other property now or hereafter owned or used in connection with
its business in good condition, normal depreciation excepted, and insured against
loss or damage by fire (including so- called extended coverage), theft, physical
damage, and against such other risks, including without limitation public
liability, in such amounts, in such companies and upon such terms as Bank may
reasonably require. Borrower will obtain loss payable indorsement on applicable
insurance policies in favor of Borrower and Lender as their interests may appear
and at Lender's request will deposit the insurance policies with Lender.
Borrower shall cause each insurer to agree, by Policy indorsement or by issuance
of a certificate of insurance or by independent instrument furnished to Lender,
that such insurer will give thirty (30) days written notice to Lender before such
policy will be altered or canceled. Borrower irrevocably appoints Lender as
Borrower's attorney in fact to make any claim for, to negotiate settlement of
claims, to receive payment for and to execute and endorse any documents, checks
or other instruments in payment for loss, theft, or damage under any insurance
policy covering the Collateral.
10. Borrower will promptly notify Lender of any loss or material damage
to any Collateral or of any adverse change, known to Borrower, in the prospect
of payment of any sums due on or under any instrument, chattel paper, account or
general intangible constituting Collateral.
11. Upon Lender's request (whether a Default as hereinafter defined, has
occurred) Borrower will promptly deliver to Lender any instrument, document or
chattel paper constituting Collateral.
12. Upon Default by Borrower in performance of its obligations hereunder,
Lender shall have the authority, but shall not be obligated to: (i) effect such
insurance and necessary repairs and pay the premiums therefor and the costs
therefor and the costs thereof; and (ii) pay and discharge any fees, assessments,
charges, taxes liens and encumbrances on the Collateral. All sums so advanced
or paid by the Lender shall be payable by Borrower on demand with interest t the
maximum rate allowed by law and shall be a part of the Secured Obligations.
13. Borrower will not sell, lease or otherwise dispose of the Collateral
other than in the ordinary course of its business at prices constituting the then
fair market value thereof.
14. The Lender shall have the authority (whether or not a Default has
occurred), but shall not be obligated to: (a) notify any or all account debtors
and obligors on instruments constituting Collateral of the existence of the
Lender's security interest and to pay or remit all Bums due or to become due
directly to the Lender or its nominee; (b) place on any chattel paper received
as proceeds a notation or legend showing the Lender's security interest; (c) in •
the name of the Borrower or otherwise, to demand, collect, receive and receipt
for, compound, compromise, settle, prosecute and discontinue any suits or
• proceedings in respect of any or all of the Collateral; (d) take any action which
the Lender may deem necessary or desirable in order to realize on the Collateral,
including, without limitation, the power to perform any contract, to indorse in
the name of Borrower any checks, drafts, notes, or other instruments or documents
received in payment of or on account of the collateral; (e) to place upon
Borrower's books and records relating to the accounts and general intangibles
covered by the security interest granted hereby a notation or legend stating that
such account or general intangible is subject to a security interest held by the
Lender, and (f) after any Default, to enter upon and into and take possession of
all or such part(s) of the properties of Borrower, including lands, plants,
buildings, machinery, equipment and other property as may be necessary or
appropriate in the judgment of the Lender to permit or enable the Lender to
manufacture, produce, process, store or sell or complete the manufacture,
productions, processing, storing or sale of all or any part of the Collateral,
as the Lender may elect, and to use and operate said properties for said purposes
and for such length of time as the Lender may deem necessary or appropriate for
said purposes without the payment of any compensation to Borrower therefor.
15. Borrower will collect all accounts until receipt of notice from the
Lender to notify all account debtors of the existence of the Lender's security
interest and to direct such account debtors to pay or remit all sums due or to
become due directly to the Lender or its nominee. Borrower will hold all of the
proceeds of such collections and all returned and repossessed goods in trust for
the Lender, and will not commingle the same with any other funds or property of
the Borrower, and will deliver the same forthwith to the Lender at its request;
provided, however, that with respect to returned and repossessed goods Borrower
will provide written notice to the Lender of each return or repossession and will
on demand pay to the Lender the full invoice or contract price thereof.
16. Borrower will keep accurate books, records and accounts with respect
to the Collateral, and with respect to the general business of Borrower, and will
make the same available to the Lender at its request for examination and
inspection; and will make and render to the Lender such reports, accountings and
statements as the Lender from time to time may request with respect to the
Collateral; and will permit any authorized representative of the Lender to
examine and inspect, during normal business hours, any and all premises where the
Collateral is or may be kept or located.
17. The occurrence of any of the following events will constitute a
Default: (a) failure of Borrower, or of any co- maker, endorser, surety or
guarantor to pay when due any amount payable under any of the Secured
Obligations; (b) failure to perform any agreement of Borrower contained herein
or in any other agreement with the Bank; (c) any statement, representation or
warranty of Borrower made herein or at any time furnished to the Lender is untrue
in any respect as of the date made; (d) entry of any judgment against Borrower;
(e) Borrower becomes insolvent or is generally not paying its debts as such debts
become due; (f) appointment of or assignment to a custodian, as that term is
defined in the United States Bankruptcy Code, for any property of Borrower, or
loss, substantial damage to, destruction, theft, encumbrance, levy, seizure or
attachment of any portion of the Collateral; (g) commencement of any proceeding
or filing of a petition by or against Borrower under the provisions of the United
States Bankruptcy Code for liquidation, reorganization or adjustment of debts,
or under any insolvency law or other statute or law providing for the
0 modification or adjustment of the rights of creditors; (h) death of any Borrower
who is a natural person or of any partner of any Borrower which is a partnership
if such death causes the termination of the partnership; (i) dissolution,
consolidation, or merger, or transfer of a substantial part of the property of •
any Borrower which is a corporation or a partnership; (j) such a change in the
condition or affairs (financial or otherwise) of Borrower or any co- maker,
endorser, surety or guarantor of any of the Secured Obligations as in the opinion
of the Lender impairs the Lender's security or increases its risk; or (k) the
Bank deems itself insure for any reason whatsoever.
18. Whenever a Default shall exist, the Lender may, at its option and
without demand or notice, declare all or any part of the Secured Obligations
immediately due and payable, and the Lender may exercise, in addition to the
rights and remedies granted hereby, all rights and remedies of a secured party
under the Uniform Commercial Code or any other applicable law.
19. Borrower agrees, in the event of Default, to make the collateral
available to the Lender at a place or places to be designated by the Lender,
which is reasonably convenient to both parties, and to pay all costs of the
Lender, including reasonable attorneys' fees, in the collection of any of the
Secured Obligations and the enforcement of any of the Lender's rights. If any
notification of intended disposition of any of the collateral is required by law,
such notification shall be deemed properly given if mailed a reasonable time
before such disposition, postage prepaid, addressed to the Borrower at the
address shown above. Lender's duty of care with respect to Collateral in its
possession shall be deemed fulfilled if Lender exercises reasonable care in
physically safekeeping such Collateral or, in the case of Collateral in the
custody or possession of a bailee or other third person, exercises reasonable
care in the selection of the bailee or other third person, and Lender need not
otherwise preserve, protect, insure or care for any Collateral. Lender shall not
be obligated to preserve any rights Borrower may have against prior parties, to •
realize on the Collateral at all or in any particular manner or order, or to
apply any cash proceeds of Collateral in any particular order of application.
No delay or failure by the Lender in the exercise of any right or remedy shall
constitute a waiver thereof, and no single or partial exercise by the Lender of
any right or remedy shall preclude other or further exercise thereof or the
exercise of any other right or remedy.
20. If more than one party shall sign this Agreement, the term "Borrower"
shall mean all such parties, and each of them and all such parties shall be
jointly and severally obligated thereunder.
21. This Agreement is governed by the laws of the state in which the
Lender is located.
Executed this day of April, 1997.
BORROWER(S)
PLASTIC SPECIALITIES MANUFACTURING, INC.
For
' Filing
" STATE OF MINNESOTA Officer
UCC -1 FINANCING STATEMENT
4 atement is presented for fling pursuant to Minnesota Uniform Commercial Code Minnesota
St tes Chapter 336.9 -402 (Type in Black Ink)
1. Individual Debtor - Last Name First Name
Middle I.
Social Security #
Mailing Address
City
State
Zip Code
2. Individual Debtor - Last Name
First Name
Middle 1.
Social Security #
Mailing Address
City
State
Zip Code
3. Business Debtor -Name
Fed ID # IMailing Address
City
State
Zip Code
4. Secured Party -Name
qon
5. Assignee of Secured Party
Mailing A dress
Mailing Address
C
State
Zip Code
City
State
Zip Code
6. This financing statement covers the following types or items of property. If crops are covered describe the real estate and list the name of record owner.)
All accounts receivable, contract rights, general intangibles, inventory, equipment and
fixtures, and all proceeds thereof as more specifically described on Exhibit "A" attached
hereto and incorporated herein by reference, whether such collateral is presently owned
or hereafter acquired by Debtor, and wherever located.
Debtor is a transmitting utility
as defined by Minnesota Statutes Chapter 336.9 -105
RETURN ACKNOWLEDGMENT COPY TO: (name and address)
F ity of Hutchinson Debtor's Signature
11 Hassan Street S.E. (Required in Most Cases- see Instructions)
utchinson, Mn. 55350
Debtor's Signature
Please do not type outside the bracketed area.
Secured Party's Signature � — /7�
(1) Filinc 0".i;.er Copy - Alphabetical (06920619 Rev. 5/93) Standard Form Approved by Secretary of State _ C/
EXHIBIT "A
DEBTOR: Plastic Specialities Manufacturing, Inc.
SECURED PARTY:
City of Hutchinson
111 Hassan Street S.E.
Hutchinson, Mn. 55350
This Financing Statement covers the following types of property (hereinafter called "Collateral ,,):
A . Acc;n.....e _r .
right of Debtor to the payment of money whetherlsuch right to payment n w exists
or hereafter arises including all present accounts receivable and all of its accounts
receivable which may from time to time hereafter come into existence during the term
of the Security Agreement granted Secured Party, together with the proceeds thereof.
B. Inventory All personal property now owned or hereafter acquired by Debtor which
is held for sale or lease, or furnished or to be furnished under contracts of service, or
held as raw materials, work in process or materials used or consumer or to be used
Of consumed in Debtor's business, and all returned or repossessed goods;
C. Equipment and Fixtures Any and all personal property or goods used or bought for
use Primarily in Debtor's business whether or not an interest therein arises under real
Property law, now owned or hereafter acquired by Debtor.
D. General Intangibles and
goods, accounts, equipment and fixtures, inc uding, but limited o, things or
choices of action, rghts of all types under contract, leases and licenses, all
manufacturing and processing rights, patents, patent rights, trademarks, trade names
and copyrights now owned or hereafter acquired by the Debtor; and
E. All Proceeds. All property received upon the sale, exchange, collection or other
disposition of Collateral or proceeds from Collateral (including, but not limited to,
insurance payable by reason of loss or damage to the Collateral), whether cash or
non -cash proceeds including but not limited to Inventory, Equipment or Fixtures
acquired with cash proceeds.
•
1 6
0
•
$100.000.00
MORTGAGE PROMISSORY NOTE
Hutchinson, Mn. 55350
April _, 1997
FOR VALUE RECEIVED, the undersigned, Plastic Specialities Manufacturing, Inc., a
Minnesota corporation (the "Borrower ") promises to pay to the order of the City of Hutchinson,
a Minnesota municipal corporation (the "Lender ") the principal sum of One Hundred Thousand and
no /100 Dollars ($100,000.00), together with interest thereon as hereinafter stated.
Annual installment payments shall commence on April 25, 1998 and continuing thereafter on
the 25 day of each succeeding April through, and including, April 25, 2002. The installment
amount shall be Twenty Thousand and no /100 Dollars ($20,000.00) principal, along with
accrued interest necessary to fully pay the principal balance of this Note as of the date of
payment, with interest at the annual rate. The annual rate shall be equal to two percent (2 %)
less than the rate as publicly announced from time to time by First Bank, N.A., Minneapolis,
Minnesota ( "First Bank") as its reference rate. The "reference rate" as used herein is defined
as the annual rate of interest regularly charged by First Bank on unsecured ninety (90) day
loans made to its most creditworthy borrowers. The annual rate shall be adjusted each time
the reference rate changes.
All payments hereunder shall be applied first to accrued interest and the balance shall be applied to
the reduction of the principal balance evidenced hereunder.
If any installment hereof is not paid when due, or if the Borrower shall fail to perform or observe any
obligation binding upon its under any mortgage or security agreement securing this Note or if any
default, or event of default, shall occur under any such agreement, or if the undersigned or any
guarantor shall become insolvent, shall die, shall make an assignment for the benefit of their creditors,
or a receiver shall be appointed for any property of any of them or any proceeding shall be
commenced with respect to any of tem under any bankruptcy or insolvency laws, or if the holder
hereof shall t any time in good faith believe that the prospect of due and punctual payment of this
Note is impaired, then (in any such event) the holder hereof may, at its option, declare the entire
principal balance then remaining unpaid on this Note to be immediately due and payable, and the same
shall thereupon be immediately due and payable, together with all interest accrued hereon, without
notice or demand.
This Note may be prepaid, in whole or in part, without premium or penalty but with interest accrued
to the date of prepayment on the principal amount prepaid.
To the extent permitted by law, the undersigned agrees to pay all costs of collection, including
reasonable attorneys' fees and legal expenses, incurred by the holder hereof in the event hits Note is
not duly paid.
Presentment or other demand for payment, notice of dishonor and protest are hereby expressly
• waived.
This Note is secured by a Mortgage of even date herewith, on real estate situated in McLeod County,
Minnesota, and shall be governed and construed in all respects according to the laws of the State of •
Minnesota. If the undersigned, its successors or assigns without the consent of the holder hereof,
sells, agrees to sell, or otherwise conveys the real estate described in said Mortgage, the holder
hereof at its option, may declare all amounts due hereunder, and the same shall forthwith upon such
declaration become and be, immediately due and payable without notice.
PLASTIC SPECIALITIES MANUFACTURING, INC.
0
It
_ •
MORTGAGE
By Corporation or Partnership
0
(reserved for mortgage registry tax
payment data)
(reserved for recording data)
MORTGAGE REGISTRY TAX DUE HEREON:
THIS INDENTURE, Made this day of Aaril , 1997 , between
PLASTIC SPECIALITIES MANUFACTURING, INC.
a Ca rpo ration under the laws of Mlanemota
Mortgagor
(whether one or more), and the City of Hntchinsca, a Mlnnaso4 minicioal corporation
Mortgagee (whether one or more),
MITNESSETH, That the Mortgagor, in consideration of the sum of Oat Dollar end ether gcod
DOLLARS, to the
Mortgagor in hand paid by the Mortgagee, the receipt whereof is hereby acknowledged,
does hereby convey unto Mortgage, Forever, real property in McLeod County
Minnesota, described as follows:
Lot 2, Block 1, Second Addition to Hutchinson Industrial District according to the plat
thereof on file and of record in the office of the Registrar of Titles, McLeod County,
Minnesota.
together with all hereditament* and appurtenances belonging thereto (the Property).
TO HAVE AND TO HOLD THE SNOT, to Mortgagee forever. The Mortgagor covenants with
Mortgagee as follows: That Mortgagor is lawfully seised of the Property and has good
is right to convey the same; that the Property is free from all encumbrances, except as
fal laws:
that Mortgagee shall quietly enjoy and possess the same; and that Mortgagor will Warrant
and Defend the title to the same against all lawful claims not hereinbefore specifically
excepted.
PROVIDED, NEVERTHELESS, That if Mortgagor shall pay to Mortgagee the one of One Hundred
and no /100 Dollars ($100, 000. 00 ----------------------------------------------------- DOLLARS
according to the terms of a Promissory Note of even date herewith (the Note), the final
payment being due and payable on April 25. 2002 with interest at the rate provided in
the Note, and shell repay to Mortgagee, at the times and with interest as specified, all
sums advanced in protecting the lien of this Mortgage, in payment of taxes on the Property
and assessments payable therewith, insurance premiums covering buildings thereon, prin-
cipal or interest on any prior liens, expenses and attorney'. fees herein provided for and
sums advanced for any other purpose authorised herein, and shell keep and perform all the
covenants and agreements herein contained, then this Mortgage shall be null and void, and
shall be released at Mortgagor's expense.
AND MORTGAGOR covenants with Mortgagee as follows:
1.
to pay the principal sum of money and interest as specified in the Note;
2.
to pay all taxes and assessments now due or that may hereafter become liens against
the Property before penalty attaches thereto;
3.
to keep all buildings, improvements and fixtures now or later located on or a part of
the Property insured against loss by fire, extended coverage perils, vandalism, mali-
cious mischief and, if applicable, steam boiler explosion, for at least the amount of
full insurable value - at all times while any amount remains
unpaid under this Mortgage. If any of the buildings, improvements or fixtures are
located in a federally designated flood prone area, and if flood insurance is
available for that area, Mortgagor shall procure and maintain flood insurance in
amounts reasonably satisfactory to Mortgages. Each insurance policy shall contain a
loss payable clause in favor of Mortgagee affording all rights and privileges custo-
marily provided under the so- called standard mortgage clause. In the event of damage
to the Property by fire or other casualty, Mortgagor shall promptly give notice of
such damage to Mortgagee and the insurance company. The insurance shall be issued by
an insurance company or companies licensed to do business in the State of Minnesota
and acceptable to Mortgagee. The insurance policies shall provide for not less than
tan days written notice to Mortgagee before cancellation, non - renewal, termination, or
change in coverage, and Mortgagor shall deliver to Mortgagee a duplicate original or
certificate of such insurance policies;
C.
to pay, when due, both principal and interest of all prior liens or encumbrances, if
any, and to keep the Property free and clear of all other prior liens or encumbrances;
S.
to commit or permit no waste on the Property and to keep it in good repair;
to complete forthwith any improvements which may hereafter be under course of
construction on the Property, and;
to pay any other expenses and attorney's fees incurred by Mortgagee by reason of liti-
gation with any third party for the protection of the lien of this Mortgage.
that there Is not present on, in or under the Mortgaged Property or any improvements
thereon any asbestos, underground storage tanks, abandoned wells, urea formaldehyde
foamed -in -place insulation, polychlorinated biphenyl ('PCBs "), or other hazardous or
toxic materials the release or disposal of which is regulated by any law, regulation,
code or ordinance (all of the foregoing being herein called "Hazardous Materials'), and
that the Mortgaged Property has not in the past been used, is not presently being used,
and will not in the future (for to long as the Mortgagor owns the same) be used for the
handling, storage, transportation or disposal of any Hazardous Materials. The Mortgagor
shall indemnify, defend and hold the Mortgagee harmless from and against any claim, loss
or damage to which the Mortgagee may be subjected as a result of such past, present or
future existence, use, handling, storage, transportation or disposal of Hazardous
Materials. The indemnification provided herein shall survive payment in full of the
Indebtedness and foreclosure hereof. unless previously delivered by the Mortgagor to
the Mortgages, the Mortgages, at its sole option, may obtain, at the Mortgagor's
expense, a report from a reputable environmental consultant of the Mortgagee 's choice
as to the presence of Hazardous Materials or such past or present use, handling,
storage, transportation or disposal of Hazardous Materials. The Mortgagee may require
that all violations of law with respect thereto be corrected and /or that the Mortgagor
obtain all necessary environmental permits therefor.
In case of failure to pay said taxes and assessments, prior liens or encumbrances,
expenses and attorney's fees as above specified, or to insure said buildings, improve-
ments, and fixtures and deliver the policies as aforesaid, Mortgagee may pay such taxes,
assessments, prior liens, expenses and attorney's fees and interest thereon, or. obtain
such insurance, and the suss so paid shall bear interest from the date of such payment at
the same rate set forth in the Note, and shall be impressed as an additional lien upon the
Property and be immediately due and payable from Mortgagor to Mortgagee and this Mortgage
shall from date thereof secure the repayment of such advances with interest.
In case of default in any of the foregoing covenants, Mortgagor confers upon the
Mortgagee the option of declaring the unpaid balance of the Note and the interest accrued
thereon, together with all sums advanced hereunder, immediately due and payable without
notice, and hereby authorises and empowers Mortgagee to foreclose this Mortgage by judi-
cial proceedings or to sell the Property at public auction and convey the same to the
purchaser in fee simple in accordance with the statute, and out of the moneys arising from
such sale to retain all sums secured hereby, with interest and all legal costs and charges
of such foreclosure and the maximum attorney's fee permitted by law, which costs, charges
and fees Mortgagor herein agrees to pay.
If Mortgagor, or the successors or assigns of Mortgagor, without the consent of Mortgages,
sell, agree to sell, or otherwise convey title to the above described real estate (legal,
equitable, or both), Mortgagee, at its option, shall declare the whole one then remaining
unpaid on the Promissory Mote and Credit Agreement herein described (and the same shall
forthwith upon such declaration become and be) immediately due and payable without notice.
The terms of this Mortgage shall run with the Property and bind the parties hereto and
their successors in interest.
IN TESTIMONY WHEREOF, Mortgagor has hereunto set its hand the day and year first above
written.
MORTGAGOR
STATE OF MINNESOTA )
) Set
COOMTy OF MCLEOD )
The foregoing instrument was acknowledged before me
1997, by and
the and _
of Plastic Scacialities Manufacturing. Inc. , a �p
under the laws of Minnsaota , on behalf of the cornorat ion
ARNOLD, ANDERSON i DOVE,PLLP'
101 Park Place
Hutchinson, MR 55350 Signature of Person Taking Acknowledgment
(330) 587 -7575
Notarial Seal or Seal (Or Other
Title or Rank)
FAILURE TO RECORD OR FILE THIS MORTGAGE
MAY AFFECT THE PRIORITY OF THIS MORTGAGE.
this _ day of - April_
0
0
CITY OF HUTCHINSON INDUSTRIAL DEVELOPMENT LOAN PROGRAM
DEFERRED LOAN REPAYMENT AGREEMENT AND MORTGAGE
THIS AGREEMENT, made and entered into this day of April, 1997 by and between
the City of Hutchinson ( "Lender ") and Plastic Specialities Manufacturing, Inc.. a Minnesota
corporation ( "Borrower "); and, where applicable, Contract for Deed Vendors, remainderman, or
separated spouses or others not in possession joining in this agreement if any.
WHEREAS, Borrower has purchased a parcel of land consisting of 6.21 acres located in the
Hutchinson Industrial Park, McLeod County, Minnesota which property is legally described on
Exhibit "A" hereto and which property is hereafter referred to as "the Land;"
WHEREAS, Borrower has made or will make certain improvements on the Land, that have
increased the value of the Land such that the taxes assessed to the Land are equal to or greater than
one tenth (1 /10) of the loan amount set forth in this Agreement;
WHEREAS, Lender has loaned Seventy nine thousand Fifty six and no /100 Dollars
($79,056.00), to Borrower at the rate of 9% per annum, and receipt of the same is hereby
acknowledged by Borrower, for the purpose of encouraging industrial development in the area
commonly known as the Hutchinson Industrial Park and;
WHEREAS, Borrower and Lender desire to set forth herein the provisions for Borrower's
repayment or forgiveness of the loan, and to provide for securing said repayment with a mortgage
on the Land (hereinafter referred to as "The Mortgage ");
NOW, THEREFORE, in consideration of said loan and in accordance with Minnesota law,
the parties do hereby agree as follows:
1. Borrower covenants and agrees with Lender to pay to the order of Lender the
outstanding principal amount of the loan, with interest as hereinafter provided, at the office of the
� - C- (Z)
Lender in Hutchinson, Minnesota, or at such other place as the Lender may designate in writing, upon
the occurrence of any of the following events collectively ( "Repayment Events ") within a period of
ten years after the date of the loan as set forth above:
a. If any portion of the Land is sold is sold, transferred or otherwise conveyed
to a person other than a governmental unit, whether by deed, contract for
deed or otherwise and whether said transfer or sale is voluntary or involuntary
but excluding (a) any mortgage or other pledge, transfer or conveyance solely
for the purpose of security for repayment of borrowed money and (2) any
conveyance to an affiliated entity, including Impressions Incorporated).
The filing of a voluntary or involuntary bankruptcy petition by the Borrower.
Repayment of the loan as required above shall be made to Lender no later than the 30th day
after the occurrence of any Repayment Event, which day is hereby designated for purposes of this
Agreement as the maturity date of the loan. This maturity date shall occur regardless of whether
notice required by this Agreement is given or received on or before said maturity date.
Absent the occurrence of any Repayment Event, within ten years after the date of the loan as
set forth above, upon the commencement of the 11 th year after said date of the loan, Borrower, at
that time and at any time thereafter, shall have no obligation to repay the loan or any part thereof to
the Lender and this Agreement shall terminate and neither party shall have any further obligation
hereunder.
2. It is understood and agreed between the parties that 10% of the principal amount of
the loan shall be forgiven and become a grant to the Borrower for each year no Repayment Event
occurs within the ten year period following the date of this Agreement. This ten year period is
hereafter referred to as the "Forgiveness Period."
• 3. Should any Repayment Event occur within the Forgiveness Period, then payment of
the remaining balance of the deferred loan shall be made as follows:
a. If all of the Land and improvements thereon is sold as described in paragraph
1 (a) hereof, then the Borrower shall pay to the Lender the remaining,
unforgiven principal amount of the loan together with interest on the
outstanding principal amount at 9% per year from the date of such sale to the
date of payment in full.
b. If any part but less than all of the Land or improvements thereon is sold as
described in paragraph 1 (a) hereof; then the Borrower shall pay to the Lender
that portion of the remaining unforgiven principal amount of the loan that
bears the same ratio to the unforgiven principal amount that the part sold
• bears to the total Land together with interest on that outstanding principal
amount at 9% per year from the date of sale to the date of payment in full.
4. As security for the Borrower's covenant and obligation for repayment as herein
provided, and subject to the terms and conditions of this Agreement, Borrower hereby grants, and
the Lender shall and hereby does have, a mortgage lien on the Land, together with all hereditament
and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the
cost, including reasonable attorney's fees of collecting the same.
5. Immediately upon any sale, transfer or other conveyance of the Land within the
Forgiveness Period, Borrower or his/her heirs, executors, or representatives, hereby covenant and
agree to give Lender notice thereof.
6. In the event Borrower or Borrower's successors or assigns shall fail or refuse to make
• a required payment within the Forgiveness Period, or otherwise in any way be in default under the
terms and conditions of this Agreement, the Borrower confers upon the Lender the option of
7
declaring all sums then owing by the Borrower immediately due and payable without notice, and
hereby authorizes and empowers the Lender to foreclose this Mortgage by judicial proceedings or •
to sell the Land at public auction and convey the same to any purchaser in fee simple in accordance
with the mortgage foreclosure statute appearing at Minn. Stat. Chapter 581, and out of the moneys
arising from such sale to retain all sums secured hereby, together with interest and all legal costs and
charges of such foreclosure and the maximum attomey's fees permitted by Law, which costs, charges
and fees the Borrower herein agrees to pay.
The Borrower and Lender further covenant and agree as follows:
a. Borrower shall be furnished a conformed copy of this Agreement at the time
of execution or after recordation.
b. Upon default of any covenant or agreement by Borrower under the terms of
this Agreement, Lender prior to foreclosure shall mail notice to Borrower and •
any other lienholder of record specifying (i) the nature of the default by the
Borrower, (ii) the action required to cure such default, (iii) a date, if such
default is capable of being cured by Borrower, not less than thirty (30) days
from the date the notice is mailed to Borrower by which such default, if
capable of being cured, must be cured; and (iv) that failure to cure such
default on or before the date specified in the notice may result in acceleration
of the sum secured by this Mortgage and sale of the Land. The notice shall
further inform Borrower of the right, if any, to reinstate after acceleration and
the right to bring a court action to assert the nonexistence of a default or any
other defense of the Borrower to acceleration and sale.
C. In addition to any notice required under applicable law to be given in another •
manner, (i) any notice to the Borrower provided for in this Agreement shall
4
• be given by mailing such notice by certified mail addressed to the Borrower
at the address of the Land, or at such other address as the Borrower may
designate in writing to the Lender as provided herein, (ii) any notice to a
lienholder of record shall be given to the notice address specified in the
instrument of record, or such other address as provided to Lender by such
lienholder and (iii) any notice to the Lender shall be given by certified mail,
return receipt requested, to Lender at the following address: City of
Hutchinson, Attention: Finance Director, Hutchinson City Center, 111 Hassan
Street S.E., Hutchinson, Minnesota 55350, or to such other address as Lender
may designate by notice in writing to the Borrower as provided herein. Any
notice provided for in this Agreement shall be deemed to have been given to
• Borrower or Lender when given in the manner designated herein.
7. The mortgage lien created by this Agreement shall terminate and shall be of no further
force or effect in the event Borrower is not in default of any of the covenants or agreements contained
herein, and Lender has not, on or before the expiration of the Forgiveness Period (a) commenced an
action in the manner provided by statute for the foreclosure of the Mortgage and (b) filed for record
a notice of said action, or a power of attorney to foreclose mortgage, or a lis ep ndens referring to the
same, in the office of the County Recorder or Registrar of Titles, as the case may be, in the County
where said real estate is situated. Lender may, in its sole discretion, agree to extend said termination
date of said lien by filing for record, on or before said termination date, an agreement in writing with
Borrower evidencing such extension.
8. The Lender hereby agrees that the mortgage lien and all rights and remedies of the
• Lender hereunder are hereby subjected and subordinated and shall remain in all respects and for all
purposes subject and subordinate to the lien of
and all
5
amendments, modifications, renewals and extensions thereof and subject to and subordinate in all
respects to the rights and interests of Mortgagee
and its 0
successors and assigns as fully and with the same affect as if said Mortgage had been duly executed,
acknowledged and filed for record and the indebtedness secured by said Mortgage fully disbursed
prior to the execution of this Deferred Loan Repayment Agreement and Mortgage. This agreement
regarding subordination shall run for the benefit of Mortgagee
its successors and assigns under the Mortgage.
and
This Agreement shall run with the Land and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, representatives, successors and assigns.
Wherever used, the singular number shall include the plural, and the plural the singular. All covenants
and agreements of the Borrower shall be joint and several.
10. In the event that any provision or clause of this agreement shall conflict with applicable
law, such conflict shall not affect the other provisions of this Agreement which can be given effect
without the conflicting provision, and to this end the provisions of the Agreement are declared to be
severable.
IN TESTIMONY WHEREOF, the parties hereto have executed this agreement.
CITY OF HUTCHINSON
in
Marlin Torgerson, Mayor
Attest:
Gary Plou, City Administrator
PLASTIC SPECIALITIES MANUFACTURING,
INC.
By: •
• STATE OF MINNESOTA )
SS
COUNTY OF MCLEOD )
On this day of April, 1997 before me, a notary public within and for said county,
personally appeared Marlin Torgerson and Gary Plotz, Mayor and City Administrator for the City
of Hutchinson respectively, to me known to be the persons described in, and who executed, the
foregoing instrument and acknowledged that they executed the same on behalf of the City of
Hutchinson as its free act and deed.
Notary Public
STATE OF NIINNESOTA )
) SS
COUNTY OF MCLEOD )
On this day of April, 1997 before me, a notary public within and for said county,
personally appeared , the
Plastic Specialities Manufacturing, Inc. to me known
to be the persons described in, and who executed, the foregoing instrument and acknowledged that
IS they executed the same on behalf of Plastic Specialities Manufacturing, Inc.
Notary Public
Tax statements for the real property described in this instrument should be sent to:
This instrument was drafted by:
G. Barry Anderson
Arnold, Anderson & Dove, PLLP
101 Park Place
Hutchinson, Mn. 55350
11
• SITE PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this day of April, 1997 by and between
Plastic Specialities Manufacturing, Inc., a Minnesota corporation ('PSM ") and the City of
Hutchinson, a Minnesota municipal corporation ( "Hutchinson').
RECITALS:
1. PSM desires to purchase from Hutchinson certain real estate described as attached Exhibit
"A" hereof for the purpose of constructing, operating and maintaining a business facility within the
Hutchinson Industrial Park; and
2. Hutchinson has agreed to sell such real estate to PSM pursuant to the terms and conditions
of this agreement; and
0 NOW, THEREFORE, in consideration of the mutual covenants herein contained and for
other good and valuable consideration, the receipt, value and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Purchase of Real Estate PSM agrees to purchase, and Hutchinson agrees to sell the real
estate described on attached Exhibit "A ".
2. Purchase Price. The purchase price for the property shall be the sum of One Hundred
Eighteen Thousand Five Hundred Eighty -five and no /100 Dollars ($118,585.00), Thirty nine
Thousand Five Hundred Twenty -eight and no /100 Dollars ($39,528.00) of which shall be paid in
cash, with the remaining balance to be paid according to the terms of the Deferred Loan Agreement
entered into by and between the parties, a copy of which is attached hereto, marked as Exhibit "B"
and incorporated as if fully set out herein.
0 3. Conveyance. The conveyance to PSM shall be by good and sufficient warranty deed, free
and clear of all liens and encumbrances, except easements noted on the plat and a railroad easement
in favor of Dakota Rail, Inc.
•
4. Taxes and Assessments. Real estate taxes due and payable in and for the year of closing,
shall be paid by Hutchinson. Real estate taxes due and payable in 1998 and subsequent years shall
be paid by PSM. Hutchinson, at its option, maintains assessments presently of record against the
above described property but shall subordinate said assessments to bank financing secured by PSM
in connection with the transaction contemplated by this Agreement..
5. Title Defects. If PSM gives Hutchinson notice of any title defects within fifteen (15) days
after receipt of the title policy commitment or the attorney's title opinion which are not acceptable
to PSM or if the commitment does not contain the extended coverage endorsement, Hutchinson shall
use its best efforts to cure such defects. If any such defects are not cured by the date of closing, PSM
may terminate this Agreement. In the event of such termination, all parties shall be relieved of all
obligations hereunder. •
6. Brokerage Matters PSM and Hutchinson each warrant and represent to each other that
it has used no brokers in this transaction and each agrees to save, indemnify and hold harmless the
other from and against any and all claims, costs, expenses, finders fees, liabilities and obligations of
every nature, kind and description from brokerage services from any person, firm corporation,
partnership or other entity claiming entitlement to fees, commissions, compensation or expenses from
brokerage services performed by or on behalf of PSM or Hutchinson in connection with this
transaction.
7. Closing Date This transaction shall be closed on or before April 24, 1997 at a location
to be determined later.
8. Hutchinson's Failure to Convey. In the event Hutchinson does not tender the conveyance
of the property, or possession thereof, in the manner and condition and by the dates provided by this .
agreement, then PSM may elect to terminate this agreement, this agreement shall be null and void,
2-
• and neither party shall have any claim or cause of action against the other.
9. Default by PSM Prior to Conveyance In the event that prior to conveyance of the
property to PSM and in violation of this agreement, PSM fails to pay the purchase price for and take
title to the property upon tender of conveyance by Hutchinson pursuant to the agreement or upon the
occurrence of any other default or failure, then in that event, this agreement and any rights of PSM
arising hereunder with respect to Hutchinson or the property may, at the option of Hutchinson, be
terminated by Hutchinson. In the event of termination, neither PSM or Hutchinson shall have any
further rights against or liability to the other under this agreement.
10. Date of Occupancy. Hutchinson may remain in possession of the property until April 24,
1997.
11. Developer's Fee. PSM agrees to pay, at the time of closing, two Hutchinson the sum of
0 Three Thousand and no /100 Dollars ($3,000.00) as and for a developer's fee for reimbursement of
expenses relating to initial document preparation and coordination of negotiations resulting in the
transaction described herein.
12. Ivfiscellaneous
A. Execution by All Parties in Counterpart s . This Agreement shall not become effective and
binding until executed by all parties. This Agreement may be executed in two (2) or more
counterparts, each which shall be deemed an original and all of which shall constitute a single
instrument, and the signature of any party to any counterpart shall be deemed a signature to and may
be appended to any other counterpart.
B. Notice All notices, demands and/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
3-
communications shall be addressed to the parties hereto at the respective addresses set forth below:
1. If to Plastic Specialities Manufacturing Inc.:
Plastic Specialities Manufacturing, Inc.
With a copy to:
2. If to Hutchinson:
City of Hutchinson
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
With a Copy to: G. Barry Anderson, City Attorney
Arnold, Anderson & Dove, PLLP
101 Park Place
Hutchinson, Mn. 55350
C. Governing Law This Agreement shall be governed by and construed in accordance with
the laws of the State of Minnesota.
D. Cooperation Each of the parties agrees to cooperate with the other in effecting the
purposes of this Agreement. Without limiting the generality of the foregoing, Hutchinson agrees to
cooperate with PSM in submitting applications for permits consistent with the terms of this
Agreement.
E. Assignn en_t Neither PSM nor Hutchinson shall have the right to assign this Agreement
or any of the rights or obligations hereunder without obtaining the prior written consent of the other
ply
F. Successors and Assigns This Agreement shall apply to, inure to the benefit of, and be
binding upon and enforceable against the parties hereto and their respective successors and assigns.
G. Paragraph Headings The headings inserted at the beginning of each paragraph are for
convenience of reference only and shall not limit or otherwise affect or be used in the construction
•
L�
4—
• of any of the terms or provisions hereof.
H. Entire Agreement This Agreement contains all of the agreements, terms, covenants,
conditions, warranties, and representations made or entered into by and between the parties, and
supersedes all prior discussions and agreements, whether written or oral, between the parties and
constitutes the sole and entire agreement between the parties with respect thereto. This Agreement
may not be modified or amended unless such modification or amendment is set forth in writing and
executed by all parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
PLASTIC SPECIALITIES MANUFACTURING INC.
a By:
CITY OF HUTCHINSON
By:
Its:
By:
Its:
STATE OF MINNESOTA)
)SS-
COUNTY OF McLEOD )
On this _ day of April, 1997, before me a Notary Public, personally came before me
the the
of Plastic Specialities Manufacturing, Inc., a Minnesota corporation, to
• me known to be the persons who executed the foregoing instrument and acknowledged that they
executed the foregoing instrument on behalf of said corporation.
Notary Public
5—
0
STATE OF MINNESOTA)
) SS.
COUNTY OF McLEOD )
On this _ day of April, 199, before me a Notary Public, personally came before me Marlin
Torgerson, the Mayor and Gary D. Plotz, City Administrator for the City of Hutchinson, a Minnesota
municipal corporation, to be known to be the persons who executed the foregoing instrument and
acknowledge that they executed the foregoing instrument on behalf of said municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
G. Barry Anderson, City Attorney
ARNOLD, ANDERSON & DOVE, PLLP
101 Park Place
Hutchinson, Mn. 55350
Telephone (612- 587 -7575)
Attorney I.D. No. 196X
A
_
m
• EXHIBIT "A"
Lot 2, Block 1, Second Addition to Hutchinson Industrial District according to the plat thereof
recorded on March 24, 1994 as Document No. 19923 on file and of record in the office of the
Registrar of Titles, McLeod County, Minnesota.
Subject to drainage and utility easements as shown on the plat of record.
•
•
7-
ORDINANCE NO. 19 3 ,2ND SERIES
• PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA,
AUTHORIZING THE SALE, DISPOSITION OR TRANSFER OF CERTAIN REAL
ESTATE TO PLASTIC SPECIALITIES MANUFACTURING, INC. AND ADOPTING, BY
REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
Section 1, The City Council for the City of Hutchinson, Minnesota, hereby authorizes the
sale, transfer and disposition of certain real estate owned by the City of Hutchinson, to Plastic
Specialities Manufacturing, Inc., a Minnesota corporation, legally described as follows:
Lot Two (2), Block One (1), Second Addition in the Hutchinson Industrial District, McLeod
County, Minnesota.
Section 2. City Code Chapter l entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 22nd day of April, 1997.
CITY OF HUTCHINSON
M
Mayor
Attest:
Gary D. Plotz
City Administrator
Published in the Hutchinson Leader:_
First reading: April 8, 1997
Second reading: April 22, 1997
•
C
M E M O R A N D U M
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Consideration of Improvement Project Change Orders
DATE: April 17, 1997
Attached please find 3 Change Orders for City Improvement Projects. A description
of each is as follows:
Letting No. 7/Project 96 -11 & 13 (Change Order No. 2) $18,71.95
Includes minor revisions due to unforeseen conditions, including a water service
abandonment on 3rd Avenue SE and additional work at the intersection of 13th
Avenue NW (Krsiaen Acres) and Golf Course Road. (0.8% of contract)
Letting No. 9/Project 96-16 & 18 (Change Order No. 2) $1,996.00
Includes minor revisions due to unforeseen conditions. (0.8% of contract)
Letting No, 2/Prooect 97 -02 (Change Order No. 1) 5460
Includes minor revisions due to unforeseen conditions. (1.0% of contract)
No further Change Orders are expected on these projects. All prices have been
reviewed, and determined to be fair and appropriate. We recommend approval of
the Change Orders.
• City Center
II l Hassan Street SE
Hutchinson, AIN 55350 -2522
(320) 587 -5151
Fax(320)234-4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, YIN 55350 -3097
(320) 587 -2975
Fax (320) 2344240
Police Services
10 Franklin Street S W
Hutchinson, MN 55350 -2464
(320) 587 -2242
Fax (320) 587 -6427
Printed on recycled paper -
CHANGE ORDER NO. 2_
CITY OF HUTCHINSON - ENGINEERING DEPARTMENT
111 HASSAN ST SE, HUTCHINSON MN 55350 (612) 587.5151 Sheet Lof _I
CONTRACTOR: Wm. Mueller & Sons, Inc. LETTING NO. 7 PROJECT NO. 96-11 & 96-13
ADDRESS: 831 Park Ave, P O Box 247, Hamburg MN 55339 PROJECT LOCATION: 96 -11 -3rd Ave SE/96 -13 -13th Ave
DESCRIPTION OF CHANGE: Miscdlaneaus ch2 es to contract.
Item No
Sec Ref
Item Name
Unit
Quantity
Unit Price
Amount
INCREASE ITEMS:
PROJECT NO. 96 -11
5
DIV. I
Abandon Water Service
Lump Sum
1
$115.00
$115.00
10
DIV. II
Reconstruct Manhole
Lump Sum
1
$448.50
$448.50
PROJECT NO. 96-13
11
DIV. II
Extend Culvert & Fill Ditch
Lump Sum
1
$1,308.45
$1,308.45
Note- Includes 15% P & O on work done by
Subcontractor.
TOTAL INCREASE ITEMS
$1,871.95
TOTAL CHANGE ORDER NO. 2
$1,871.95
NET INCREASE /EW-e £PrSE
$1,871.95
In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $1871.95 add /tledttet.
An extension of 0 days shall be allowed for completion. The original completion date was October 1. 1996 and now has been
adjusted to - -- —• , 19_.
ORIGINAL CONTRACT PREVIOUS THIS TOTAL
ADDITIONS /DEDUCTIONS ADDITION /E)FBUe:F1E)?
$238,865.25 + $503.25 + $1,871.95 $241,240.45
Dt 1 /Y�1 �.. L 7 � -'J `-�I�c
APPROVE �, _
S�on�a or
DATED � - Y/ L c��LC, /- '
APPROVED:
Mayor
ATED:
APPROVED:
Director of Engineering
DATED:
APPROVED:
City Administrator
DATED:
CHANGE ORDER NO. 2
CITY OF HUTCHINSON - ENGINEERING DEPARTMENT
111 HASSAN ST SE, HUTCHINSON MN 55350 (612) 587.5151 Sheet Hof 1
IONTRACTOR: JuuI Contracting Company I LETTING NO. 9 1 PROJECT NO. 96.17 & 96.18
tD SS: P.O. Box 189, Hutchinson, MN 55350 PRO ECT LOCATION: 96- 17:Parkin
Lot E 96.18: Su grior St
TION OF CHANGE: Miscellaneous changes to contract.
:=No
Spec Ref I
Item Name
Unit
Quantity
Unit Price
Amount
INCREASE ITEMS:
PROJECT NO. 96 -17
16
DIV. II
Disconnect Water Service
Each
2
$100.00
$200.00
13
DIV. III lRepair
18" Storm Sewer
Lump Sum 1
1
$122.00
$122.00
44
DIV. III
Excavate Boulevard
Lump Sum
1
$324.00
$324.00
PROJECT NO. 96-18
17
DIV. II
Hydrant Extension
Lump Sum
1
$291.00
$291.00
14
DIV. III
Construct 150 mm Drain Tile Connection
Lump Sum
1
$591.00
$591.00
45
DIV. IV
Construct Berm
Lump Sum
1
$468.00
$468.00
TOTAL INCREASE ITEMS
$1,996.00
TOTAL CHANGE ORDER NO. 2
$1,996.00
NET INCREASE /PEC-FEEfsSF
$1,996.00
in accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $1996.00 add /de
:%n extension of 0 days shall be allowed for completion. The original completion date was October 1. 1996 and now has been
idjusted to - - - -- . 19-.
ORIGINAL CONTRACT PREVIOUS THIS
ADDITIONS /DEDUCTIONS ADDITION /DEHHC -TIeN
TOTAL
$257,245.45 + $1,700.50 + $1,996.00
$260,941.95
// �
PPROVED: �
Contractor
DATED: / rj
APPROVED:
Mayor
DATED:
1-WVED:
Director of Engineering
DATED:
APPROVED:
City Administrator
DATED:
-Z —11(2)
CHANGE ORDER NO. 1
CITY OF HUTCHINSON - ENGINEERING DEPARTMENT
111 HASSAN ST SE. HUTCHINSON MN 55350 (612 ) 587 -5151 Sheet Hof I
CONTRACTOR: Juui Contracting Company LETTING NO. 2 PRO CT NO. 97 -02
ADDRESS: P O Box 189, Hutchinson MN 55350 PRO ECT LOCATION: Michigan St
DESCRIPTION OF CHANGE: Miscellaneous changes to contract.
Item No
Spec Ref
Item Name
Unit
Quantity
Unit Price
Amount
INCREASE ITEMS
16
DIV. I
F & 1150 x 150 mm PVC Wye
Each
4
$40.00
$160.00
9
DIV. II
Install 300 mm x 200 mm Tee
Lump Sum
1
$300.00
$300.00
TOTAL INCREASE ITEMS
$460.00
TOTAL CHANGE ORDER NO. 1
$460.00
NET INCREASE /13EER£�rSb
$460.00
In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $ 460.00
add /deduct. An extension of 0 days shall be allowed for completion. The original completion date was November 30. 1996
and now has been adjusted to - - -- 19
ORIGINAL CONTRACT PREVIOUS THIS TOTAL
ADDITIONS /DEDUCTIONS ADDITION / 9N
$44,229.60 $0.00 $460.00 $44,689.60
/
AP PROVED �Q +Gf
Contractor
DATED: p2 —Is,-917
APPROVED:
Mayor
DATED:
APPROVED:
Director of Engineering
DATED:
APPROVED:
City Administrator
DATED:
Minnesota
Department of Transportation
1800 East College Drive
OF P.O. Box 29
Marshall, Minnesota 56258
April 9, 1997
Mr. Gary D. Plotz, City Administrator
City of Hutchinson
111 Hassan Street SE
Hutchinson, Minnesota 55350 -2522
RE: Landscape Partnership
Cooperative Agreement #76013
Dear Mr. Plotz:
APR 10 1997
C-`r' )F HUTCHI _'ON
Transmitted herewith are two (2) copies of the agreement with the city of
Hutchinson and Mn1DOT for landscape improvements along T.H. 22 in
Hutchinson.
Please execute two (2) copies of the Resolution and Agreement and return to
my office. If you have any questions, please call.
Sincerely,
Thomas L. Behm
District State Aid Engineer
TLB /afb
Enclosures
•
An Equal Opportunity Employer J ,
Minnesota Department of Transportation
Office of Technical Support
MunidpaVUblity Agreements Units
Mail Stop 682, Room 618
395 John Ireland Boulevard
St Paul, MN 55155
April 4, 1997
To: Tom Behm
District State Aid Engineer
From: Pat Schrader
Municipal/Utility Agreements Engineer
Subject: Proposed Coop. Const. Agree. No. 76013
City of Hutchinson
S.P. 4307-969 (T.H. 22=22)
Office Tel: (612) 296-0969
Fax (612) 296 -1805
State cost landscape materials acquisition by the City
for use along T.H. 22
Transmitted herewith in duplicate is a proposed agreement with the City of
Hutchinson. This agreement provides for payment to the City of the State's share of
the costs of landscape materials acquisition by the City for use along T.H. 22 within
the corporate City limits, in accordance with the State's "Community Roadside
Enhancement Partnership Program"
Kindly present this agreement to the City Council for their approval and execution
which includes original signatures of the City Council authorized City officers on both
copies of the agreement. Also required are two copies of a resolution passed by the
City Council authorizing its officers to sign the agreement on its behalf. A suggested
form of such resolution is also enclosed.
It is requested that the executed agreement and resolution copies be forwarded to this
office as soon as possible. A copy will be returned to the City when fully executed.
Please vend me a copy of your letter transmitting the agreement to the City for
approval.
cc: S. Bradley
File
0
A
•
/ --T
76013
•
CITY OF HUTCHINSON
M *111RIJI013al
BE IT RESOLVED that the City of Hutchinson enter into Mn/DOT Agreement No. 76013 with
the State of Minnesota, Department of Transportation for the following purposes, to -wit:
To provide for payment by the State to the City for the costs of the acquisition of landscape
materials to be placed along Trunk Highway No. 22 from Engineer Station 1857 +00 to Engineer
Station 1887+00 under State Project No. 4307 -969 (T.H. 22 =22).
BE IT FURTHER RESOLVED that the proper City officers are hereby authorized and directed
to execute such Agreement.
0 CERTIFICATION
State of Minnesota
County of McLeod
City of Hutchinson
I hereby certify that the foregoing Resolution is a true and correct copy of the resolution
presented to and adopted by the Council of the City of Hutchinson at a duly authorized meeting
thereof held on the day of 1997, as shown by the minutes of the
meeting in my possession.
City Administrator
(Signature)
•
(Type or print name)
i
OFFICE OF STATE OF MINNESOTA Mn /DOT
ENVIRONMENTAL DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SERVICES LANDSCAPE PARTNERSHIP
AGREEMENT 76013
S.P. 4307 -969 (T.H. 22 =22)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Hutchinson
Re: State cost for landscape
material acquisition by the City
for use along T.H. 22
0
Mn/DOT Accounting Information:
Vendor Number
Fu Yw
Agmy:
T-79
Fund:
O,ySub:
Ap
Artwum:
AMOUNT ENCUMBERED
AMOUNT RECEIVABLE
Contract:
Number /Date/Entry Initials
Order:
Budget Office:
N u m b e dD at e S i g n atu re s
(Individual signing terrifies rharfunds have been
encumbered as required by Minn. Scar. § 16A.15.1
(Authorized Signature)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
Is "Mn /DOT ", and the City of Hutchinson, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City ".
1
/ l
76013
WITNESSETH: •
WHEREAS the City is about to perform landscaping along Trunk Highway
No. 22 from Engineer Station 1857 +00 to Engineer Station 1867 +00
within the corporate City limits in accordance with City - prepared
plans, specifications and /or special provisions designated as the
"Hutchinson Partnership Landscaping Plan ", which project has been
designated by Mn /DOT as State Project No. 4307 -969 (T.H. 22 =22); and
WHEREAS the City has requested participation by Mn /DOT in the costs
of landscape materials acquisition in accordance with the terms of
Mn /DOT's "Community Roadside Landscaping Partnership Program "; and
WHEREAS Mn /DOT is willing to participate in the costs of the
landscape materials acquisition as hereinafter set forth; and
WHEREAS Minnesota Statute Section 161.20, subdivision 2 (1996)
authorizes the Commissioner of Transportation to make arrangements
with and cooperate with any governmental authority for the purposes
of constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - PROJECT ADMINISTRATION BY THE CITY
Section A Landscape Materials Acquisition
The City shall acquire landscape materials in accordance with
Mn /DOT- approved City plans, specifications and /or special provisions
designated as the "Hutchinson Partnership Landscaping Plan ".
Landscaping shall be performed by City forces in accordance with is
2
Mn /DOT- approved City plans, specifications
which are on file in the City's office and
Environmental Services in Oakdale, and are
reference with the same force and effect a
herein.
76013
and /or special provisions
in Mn /DCT's office of
made a part hereof by
s though fully set forth
Section H Purchase Order to be Furnished to Mn /DOT
The City shall, within 7 days after ordering the landscape materials,
submit to Mn /DOT's Landscape Programs Coordinator in Oakdale a copy
of the ourchase order for the landscape materials.
Section C Direction Supervision and Inspection
Landscape materials acquisition performed in accordance with this
Agreement shall be under the direction of the City; however, the
Mn /DOT cost participation landscape materials to be acquired under
this Agreement shall be open to inspection by Mn /DOT's authorized
representatives. The City shall give Mn /DOT's Landscape Programs
Coordinator five days notice of its intention to receive delivery of
the landscape materials.
Responsibility for the control of the Mn /DOT cost participation
landscape materials acquisition covered under this Agreement shall be
on the City and shall be carried out in accordance with Mn /DOT-
approved City plans, specifications and /or special provisions
designated as the "Hutchinson Partnership Landscaping Plan ".
The City must verify whether or not nursery vendors are under a Gypsy
Moth Compliance Agreement between the Minnesota Department of
Agriculture, hereinafter referred to as the "MDA", and the United
3
76013
States Department of Agriculture or under an
Quarantine. All plant material shipped from
to quarantines must be accompanied by a Curr
omglian for gypsy moth and /or Japanese be
vendors are subject to quarantines, call the
Regulatory Services at (612) 296 -8388.
MDA Japanese Beetle
nursery vendors subject
-nt certjficate of
etle. To determine if
MDA Supervisor of Plant
Sect D Completion of Materials Acauisition and Installation
The City shall cause the acquisition and installation of landscape
materials to be started and completed in accordance with the time
schedule in the Community Roadside Landscaping Partnership Program
Project Application, which is on file in Mn /DOT's Office of
Environmental Services and is made a part hereof by reference with
the same force and effect as though fully set forth herein. The
completion date for the landscape materials acquisition and
installation may be extended, by an exchange of letters between the
appropriate City official and Mn /DOT's Landscape Programs
Coordinator, for unavoidable delays encountered in the performance
thereof.
Sertinn F_ Comnliance with Laws, ordinances and Regulations
The City shall, in connection with the acquisition of the landscape
materials, comply with all Federal, State and Local laws, including
Minnesota Statute Section 16B.101 (1996), and all applicable
ordinances and regulations.
Section F Right- of -Way Easements and Permits
The City is hereby authorized to work on Mn /DOT right -of -way for the
purposes of installing and maintaining the landscape materials,
including any necessary replacement of landscape materials that fail
to survive.
4
76013
• The City shall, without cost or expense to Mn /DOT, obtain all
rights -of -way, easements, construction permits and /or any other
permits and sanctions that may be required in connection with the
installation of landscape materials. Prior to advance payment by
Mn /DOT, the City shall furnish Mn /DOT with certified copies of the
documents for those rights -of -way and easements, and certified copies
of those construction permits and /or other permits and sanctions
required for Mn /DOT landscaping.
ARTICLE II - MN /DOT COST
Section A. Basis
Mn /DOT's full and complete share of the costs of the landscaping to
be performed along Trunk Highway No. 22 from Engineer Station 1857 +00
to Engineer Station 1887 +00 within the corporate City limits under
• State Project No. 4307 -969 (T.H. 22 =22) shall be equal to the
delivered cost of the landscaping materials acquired in accordance
with the "Hutchinson Partnership Landscaping Plan ", however, the
maximum obligation of Mn /DOT under this Agreement shall not exceed
$17,000.00, unless the maximum obligation is increased by execution
of an amendment to this Agreement. It is estimated that the cost of
the landscape materials acquisition is $6,600.00.
Section B. Payment
Mn /DOT shall pay to the City an amount equal to the delivered cost of
the landscape materials, not to exceed the maximum obligation, after
the following conditions have been met:
1. Encumbrance by Mn /DOT of Mn /DOT's total cost share.
• 2. Execution and approval of this Agreement and Mn /DOT's transmittal
of same to the City.
5
FLOW
3. Provision by the City to Mn /DOT's Landscape Programs Coordinator •
of copies of the purchase orders for the landscape materials, as
provided for in Article I, Section B. of this Agreement.
4. Provision by the City to Mn /DOT's Landscape Programs Coordinator
of certified copies of the documents, as provided for in the
second paragraph of Article I, Section F. of this Agreement.
5. Provision by the City to Mn /DOT's Landscape Programs Coordinator
of a written request for payment, accompanied by copies of
supplier invoices for the landscape materials accuisi *_ion and
delivery.
ARTICLE. III - GENERAL PROVISIONS
Section A. Installation and Maintenance by the City
After acquisition of the landscape materials, the City shall install
the landscape materials along Trunk Highway No. 22 and provide for
the proper maintenance thereof, without cost or expense to Mn /DOT.
Maintenance shall include, but not be limited to, removal and
replacement of all materials that fail to survive. Criteria for
maintenance and replacement are shown and described in EXHIBIT "A ",
Maintenance Responsibilities Plan and Schedule, which is attached
hereto and made a part hereof by reference.
The City shall, in connection with the landscape materials
acquisition, installation and maintenance, comply with the following
conditions:
•
6
76013
• 1. Use of Mn /DOT right -of -way shall in no way impair or interfere
with the safety or convenience of the traveling public in its use
of the highway.
2. Preserve and protect all utilities located on lands covered by
this Agreement, without cost or expense to Mn /DOT.
3. As required by Minnesota Statute 216D (1996), notify Gopher State
One Call System (1 -800- 252 -1166) at least 48 hours before any
excavation is done on this project.
4. No advertising signs or devices of any form or size shall be
constructed or shall be permitted to be constructed or placed
upon Mn /DOT right -of -way covered by this Agreement.
• 5. Upon completion of the installation of landscape materials and
during performance of maintenance operations, restore all
disturbed areas of Mn /DOT right -of -way so as to perpetuate
satisfactory drainage, erosion control and aesthetics.
Any use of Mn /DOT right -of -way permitted by this Agreement shall
remain subordinate to the right of Mn /DOT to use the property for
highway and transportation purposes. This Agreement does not grant
any interest whatsoever in land, nor does it establish a permanent
park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4(f) of the Federal -Aid Highway Act
of 1968.
i_
• As provided by Minnesota Statute Section 16B.06, subdivision 4 —
(1996), the books, records, documents, and accounting procedures and
7
76013
practices of Mn /DOT and the City relevant to this Agreement are •
subject to examination by Mn /DOT and the City, and either the
legislative auditor or the State auditor as appropriate.
Mn /DOT may cancel and terminate this Agreement for any cause or
reason, including Mn /DOT's desire to use any portion of Mn /DOT
right -of -way subject to this Agreement for transportation purposes,
by giving the City written notice at least 90 days prior to the date
which such termination shall become effective. Upon cancellation of
this Agreement, the City will be required to restore and return the
area to a condition satisfactory to Mn /DOT's District Engineer at
Willmar.
Section E. Claims
All employees of the City and all other persons employed by the City
or volunteering in the performance of landscape materials
acquisition, installation and /or maintenance covered under this
Agreement shall not be considered employees of Mn /DOT. All claims
that arise under the Worker's Compensation Act of the State of
Minnesota on behalf of the employees or volunteers while so engaged
and all claims made by any third parties as a consequence of any act
or omission on the part of the employees or volunteers while so
engaged on landscape materials acquisition, installation and /or
maintenance covered under this Agreement shall in no wav be the
obligation or responsibility of Mn /DOT.
Section F. Nondiscrimination
The provisions of Minnesota Statute Section 181.59 (1996) and of any
applicable law relating to civil rights and discrimination shall be •
considered part of this Agreement as if fully set forth herein.
8
76013
• Section G. Agreement ADOroval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resclut_on and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE IV - AUTHORIZED AGENTS
Mn /DOT's Authorized Agent for the purpose of the administration of
this Agreement is Scott Bradley, Landscape Programs Coordinator, or
his successor. His current address and telephone number are
3485 Hadley Avenue North, Oakdale, Minnesota 55128, (612) 779 -5076.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Mark Schnobrich, City Forester, or his successor.
His current address and telephone number are 900 Harrington Street
Southwest, Hutchinson, Minnesota 55350 -2522, (320) 234 -4450.
L
76013 •
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
Recommended for approval:
By / of
JA Directo
Office of Environme4tal Services
M
Mayor
Date
By
District Engineer
Approved:
By
p)5 State Design Engineer
By
City Administrator
Date
Date
Date
Approved as to form and execution:
By
Assistant Attorney General
•
10
EXHIBIT "A"
Maintenance Responsibilities Plan and Schedule
Table 1a. REQUIRED LANDSCAPE MAINTENANCF ACTIVITIFS
MAINTENANCE CONSIDERATION
PLANT
PRUNING
WEED
FERTILIZATION
GROUPS
CONTROL
See Table 5,
DISEASE
PROTECTION
REPLACEMENTS
When To
Type Of
CONTROL
Fertilization Schedule
Evergreen Trees
Anytime - Dry
Corrective and
Maintain mulch at 3"
Yes
Remove all dead plants.
Deadwood Removal
minimum around
trees in mowed areas,
Shade Trees
Anytime - Dry'
Training and
Yes
Ornamental Trees
Supplemental watering
may be needed during
keep weed free.
Yes
plants unless the visual
appearance or design
Corrective
Evergreen Shrubs
drought periods
especially during July
Ornamental Trees
Winter"
Corrective
Yes
Evergreen Shrubs
Anytime - Dry
Deadwood Removal
Yes
Deciduous Shrubs
Dormant
Corrective and
Maintain minimum 3"
Yes
plants are established.
Renewal
woodchip mulch in a
roundcovers
No*
weed free condition
until shrub crown
closure.
L v—ines
Dormant
Deadwood Removal
No
Groundcovers
4
' Do not prune oaks during April, May and June. Do not prune honeylocust while dormant or
when humid or wet.
"' Do not prune apples, crabapples or mountain ash during April, May and June.
TABLE 1b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIF.S
MAINTENANCE CONSIDERATION
PLANT GROUPS
WATERING
INSECT AND
RODENT
REMOVALS AND
DISEASE
PROTECTION
REPLACEMENTS
CONTROL
Evergreen Trees
Yes until established
(2 yrs.).
As needed.
Yes - Pine Only
Remove all dead plants.
Shade Trees
Remove diseased
Yes
Replace dead or dying
Ornamental Trees
Supplemental watering
may be needed during
plants which pose
threats to adjacent
Yes
plants unless the visual
appearance or design
Evergreen Shrubs
drought periods
especially during July
plantings.
No"
intent are not
noticeably
Deciduous Shrubs
and August) even after
No"
compromised by the
Vines
plants are established.
No ,
lost plants.
—
roundcovers
No*
4
Rodent protection is generally not practical for mass shrub plantings, maintaining clean
mulched planting areas free of weed growth will reduce problems. Mowed turf in formal
planting areas will help reduce rodent problems.
Sheet 1 of 4
TABLE 2a. CALENDAR OF LANDSCAPE MAINTENANCE
ACTIVITY
January
February
I March
I April
I May
June
Pruning
See Table 1 a for Best Time for Specific Species.
Weed Control:
Planting beds must be kept in a weed free condition.
I
OXX
XXXX
XO
Remulch
Must be applied by a licensed Pesticide Applicator.
Herbicide
Fertilization:
Turf
XXXX
Shrubs, Trees
Insect & Disease
Time of control depends on the type of insect or disease and when it is detected.
Sunscald Protection
Remove
wrap'
Watering
During first and second growing seasons approximately once a week
or as needed to maintain adequate but not excessive soil moisture.
Maintain Rodent
0000
0000
0000
0000
0000
0000
Protection
Turf Maintenance
Mowing
COX
XXXX
Mower Damage
Prevention
X
XXXX
XXXX
Replanting
Evergreen Trees
OXX
XXO
Deciduous Trees
OXX
XXXX
Container Plants
XXX
XXXX
XXXO
Turf
O
XXXX
XX00
X - Optimum Time 0 - Less than Optimum Time
Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper
1
J
•
Sheet 2 of 4
TABLE 2b. CALENDAR OF LANDSCAPE MAINTrMaMrF
IF ACTIVITY
July
August
September
October
November
December
Pruning
See Table 1 a for Best Time for Specific Species.
Weed Control:
Planting beds must be kept in a weed free condition.
XXXX
XXXX
XXXX
XXXX
00
XO
Remulch
Must be applied by a licensed Pesticide Applicator.
Herbicide
Fertilization:
Turf
XXXX
Shrubs, Trees
XXXX
Insect & Disease
Time of control depends on the type of insect or disease and when it is detected.
Sunscald Protection
Apply or
maintain
paint.
Install
wrap'.
Watering
During first and second growing seasons approximately once a week
or as needed.
Maintain Rodent
rotection
0000
0000
XXXX
XXXX
X000
0000
Turf Maintenance
Mowing
XXXX
XXXX
XXXX
XXOO
Mower Damage
Prevention
XXXX
XXXX
XXXX
XXOO
Replanting
Evergreen Trees
OX
XXXO
Deciduous Trees
OXXX
XO
Container Plants
0000
OOOX
XXXO
Turf
0000
OOXX
XXXX
00
X - Optimum Time 0 - Less than Optimum Time
" Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper.
•
Sheet 3 of 4
TABLE 3. DESCRIPTIONS OF TYPES OF PRUNING
TYPES OF PRUNING
WHEN TO PRUNE
DESCRIPTION
Disease Removal
After Diagnosis
Removal of fungal bacterial growths. Sterilize pruners between
Every 3 Years
X
cuts.
Deadwood Removal
See Table 1
Removal of dead branches, normally from the interior portion of
X
Remulch'
the crown.
Training
See Table 1
Maintaining the central leaders and acceptable symmetry in
X
X
evergreen, shade and ornamental trees. Removal of suckers and
Weed Whip
No
water sprouts.
Corrective
See Table 1
Removal of storm - damaged, vehicle- damaged or vandalized limbs.
Renewal
See Table 1
Removing all top growth at or near the ground line and remulch.
Or removal of 1/3 of the oldest stems at the ground line.
TABLE 4. WEED CONTROL METHODS - INTEGRATED APPROACH
METHOD
CATEGORY
TREES
SHRUB BEDS
TURF
Replanting - Filling Voids
Every 3 Years
X
X
Fertilization
X
X
X
Remulch'
X
X
X
Herbicides
X
X
X
Weed Whip
No
X
' Wood chip mulch should be replenished around shade trees and low growing shrubs every
3 -5 years. Place mulch to a 4" depth. Mulching will help control weeds, reduce mower
damage and conserve moisture.
TABLE 5. FERTILIZATION SCHEDULE
CATEGORY
FREQUENCY
TIME OF APPLICATION
ANALYSIS
RATE
Mowed Turf
Every 3 Years
April or October
1 2 -12 -1 2
300 Ibs /acre
Shrub Beds'
Every 3 Years
October or April
12-12-12
25 Ibs /1000 sq. ft.
Shade Trees'
Every 3 Years
October or April
12-12-12
10 Ibs /1000 sq. ft.
Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one
season in order to prevent fertilizer burn on turf.
1
1
Plants that fix nitrogen, like silver buffaloberry, caragana, honeylocust, Russian olive or other 40 legumes, should not be fertilized except under special conditions.
Tall shrubs do not need to be fertilized if leaf color remains normal.
Sheet 4 of 4
Sho� -� 'fern.
11
City of Hutchinson
FEE: $25.00 APPLICATION FOR GAMBLING DEVICES LICENSE Approved t
Building
Fire
Application shall be submitted at Police
least _ days prior to the Gambling occasion
I. XekleAI AND I, � ee
came of Authoriz Officer of rame of Designate mbling
Organization Manager
Hereby submit in duplicate this application for a license to conduct
the game of gamblingin accordance With the provisions of the City of
Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349
for the license year ending
atures:
orized UIi oy Urganization 17esignated Gambling tgnager o
✓ organization
0
A. The following is to be completed by the duly authorized officer
of the organizationD,: i
1. True Name: W-e-
(1` A) "' (first) (middle)
2. Residence Address: �S�ej�f��QSp /�/,1�fSB•/�lGTU2/Al5/ 41�$✓��5
(street) (city) (st te) zip)
3. Date of Birth: O 4. Place of Birth e ms
(mo /day /year) (city /state)
5. Have you ever been convicted of any crime other than a traffic
offense? Yes No V . If Yes, explain
•
B. The following is to be completed by the designated gambling manager
of organization: /�
1. True Name: // /r' V ✓� �1ta6A/Ptfr,
(last)
(first)
(middle)
2. Residence Address:
(street)
3. Date of Birth: - �/- �� 4.
Pro (mo /day /year)
APR 15 1991
City of Hutchinson
rr' Z -2v . q cu v I I/iv"Sir
(city) (state)
Place of Birth: I
ip
e
city /sta - te)
,zl-T
I
5. Have you ever been ccnvicted of a y crime other than a
traffic offense? Yes No . If yes, explain _
6. How long have you been a member of the organization? �o� In
7. Attach a copy of the official resolution or official action
designating you gambling manager.
C. Came Information:
1. Place where gambling devices will be used 7'eOAT
2. Date or dates gambling devices will be used 4/
(date and /or day(s)
3. Hours of the day gambling devices will be used: of week)
From �QO A• To A.
}M P .
4. 'maximum number of players /
5. Will pr'_ zes be paid in money or merchandise? fe? (
6. Will refreshments be served during the time the gambling
devices will be used? Yes No If so, will a charge
be made for such refreshments? Yes Le NO
D. Organization Information:
1. Address where regular meetings are held p"L K S 1"We-
2. Day and time of meetings ��`O p /77 ONAe- A-/)'1D HtH
3. Is the applicant organization organized under the laws of the
State of Minnesota? Yes _� No
4. How long has the organization been in existence?
_ �/�QS'' -
4a. How many members in the organization? M
5. What is the purpose of the organization ?01 /F
6. Officers of the Organization: ��eSr,Q1/¢ f70A1 4�`
Name Address Title
7. Give names of officers or any other persons paid for services
to the organization:
Name Address Title
n
U
0
D. Organization Information: (Continued)
8. In whose custody will organization records be ke
Name r // f /�e�L Address
9. If the organization car sufficient insurance tc co-p nsate
the players in the event any injury is sustained by players
while gambling devices are used, or while on the licensed
premises, please state the
Name of Insurer and Policy No.
10. Have you (Manager & Officer) read, and do you thoroughly
understand the provisions of all laws, ordinances, and
regulations governing the operation and use of gambling devices`
11. Atta �J a list of all active members of the organization.
E.
The following information is provided concerning a fidelity
bond given by the gambling manager in favor of the organization.
1. Name of bonding company
2. Address of bonding company
3. Amount and duration of bond
4• Application is hereby made for waiver of the bonding
requirements. Yes No
I declare that the information I have provided on this application
is truthful, and I authorize the City of Hutchinson to investigate
the information submitted. Also, I have received from the City of
Hutchinson a copy of the Ci dinance No. 655 relating to gambling,
and I will familiarize mys�th the contenfs) thereof.
oignature or authorized�y Uicer of organiczation
Date. �C - / - I q
`before me a notary public on this / ft,day of
MCU pppp ignature of Notary Public
W�onE�Yadntl,2 m ommission expires on ! 31 - ZC
Subscribed and sworn to before me a notary public on this
19
Signature of Notary Public
Commission expires on
Social Security Number:
day of
• PM Business ID Number:
0
DATE: April 18, 1997
TO: Mayor Marlin Torgerson and City Council Members
FROM: Mary Beth Schaufler,�,��
HCDC Coordinator '
RE: Commercial Loan
The Quade Family Partnership, (Skip Quade), has applied for a Commercial Loan through
HCDC. They are asking for a loan not to exceed $49,700.00 to refurbish the outside of 101
Park Place building along Main Street. A HCDC Finance Subcommittee, Finance Team
and the HCDC Board have all reviewed the application and approve and recommend it to
the City Council for approval.
The loan will be used for three new awnings, two new doors and three door lights, to re-
move and replace all rotted window frames and panels and also for three new signs and
electrical work for one neon sign and for the lights on the outside of the building. The
building will have a whole new facelift!
The loan will be 2% interest for 10 years and administered through HCDC.
If you have any questions pertaining to this commercial loan application please contact me
at 587 -7500.
Thank you!
0
�_P'
C
SATE: April 18, 1997
MUMIRV4 91
Pursuant to Section 414.033, Subd. 2 (3) , of Minnesota Statues, the Hutchinson Planning
Commission is hereby submitting its findings of fact and recommendation with respect to
the aforementioned request for annexation.
On March 13, 1997, Mr. Frank Reese, Architect, Prairie Senior Cottages, submitted a
request for annexation of 1.30 acres located in Section 7, Hassan Valley Township. A
public hearing was held at the regular meeting of the Planning Commission on Tuesday,
April 15, 1997, at which time there were property owners present voicing concerns with
S
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, April 3, 1997, and Tuesday, April 8, 1997.
3. The proposal is in conformance with the requirements for annexation.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned request for
annexation be granted as set forth above.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
City Center
Parks & Recreation Police Sendces
• ll1 Hassan Street SE
900 Harrington Street SIV 10 Franklin Street SW
Hnrchinson..ifN 55350 -2522
Hatchinson, 41N 55350.3097 Hutchinson, ffN 55350.2464
-320) 587 -5151
(320) 587.2975 (320) 587 -2242
�
Fax 1320) 234 -4240
Fax (320) 234 -4240 � � Fax (320) 587 -6427
- Printed on recrrted paper -
Map
i
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— — _ -- _ _ --- _ —I
REGISTERED LAND SURVEY N0. 28
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PUBLICATION NO.
ORDINANCE NO. 97 -194 •
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE
CERTAIN LAND OWNED BY PRAIRIE SENIOR COTTAGES TO AND ABUTTING THE CITY OF
HUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2 (3)
WHEREAS, Michael Demmer, Prairie Senior Cottages, has filled a petition dated March 13, 1997,
requesting that certain land, as legally described below;
That part of Tract C of REGISTERED LAND SURVEY NO. 28, McLeod County, Minnesota, described as
follows:
Beginning at the northwest comer of said Tract C; thence East, assumed bearing,
along the north line of said Tract C to the northwest comer of Tract A of said
REGISTERED LAND SURVEY NO. 28; thence South, along the west line of said
Tract A 50.00 feet to the southwest comer of said Tract A; thence East, along the
south line of said Tract A 60.00 feet to the northwest corner of Tract B of said
REGISTERED LAND SURVEY NO.28; thence South, along the west line of said
TRACT B and its southerly prolongation 200.00 feet; thence West, parallel with
the north line of said Tract C to the west line of said Tract C; thence North 0
degrees 15 minutes 55 seconds West, along said west line to the point of beginning.
be annexed to the City of Hutchinson, and
WHEREAS, Michael Demmer, Prairie Senior Cottages, represents that he is the sole owner of the property,
that the property is unincorporated, abuts the limits of the City of Hutchinson, is not included within any other
municipality, is not included in any area that has already been designated for orderly annexation pursuant to Minnesota
Statutes 414.0325, and is approximately 1.30 acres in size.
NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain:
SECTION 1. The City Council hereby determines and finds that the property abuts the municipality, that
the area to be annexed is 60 acres or less, that the property is not included in any area that has already been
designated for orderly annexation pursuant to Minnesota Starnes 414.0325, that the municipality has received
a properly prepared Petition for Annexation from all of the owners of the property, and that the Petition
complies with all of the provisions of Minnesota Statutes 414.033.
SECTION 2. The property is urban in nature or about to become so
SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the Property
and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally
been part thereof.
SECTION 4. The City Administrator is directed to file certified copies of this ordinance with the
Minnesota Municipal Board, Hassan Valley Township, the McLeod County Auditor, and the Minnesota
Secretary of State.
SECTION 5. This ordinance takes effect upon its passage and publication and the filing of the certified
copies as directed in Section 4 and approval of the Ordinance by the Minnesota Municipal Board.
Adopted this 13th day of May, 1997.
ATTEST: •
L/' A
Gary D. Plotz
City Administrator
Marlin Torgerson
Mayor
C;
DATE: April 18, 1997
TO:
FROM:
SUBJECT:
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.
On April 1, 1997, Mr. McClure, submitted an application for a variance to reduce the front/future
side yard setback to 0' located at 995 - 5th Ave S.E. A hearing was held at the regular meeting of
. the Planning Commission on Tuesday, April 15, 1997, 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, April 3, 1997.
RECOMMENDATION
It is the recommendation of the Planning Commission that the variance be granted based on the
findings set forth above.
Respectfully submitted,
Dean Wood. Chairman
Hutchinson Planning Commission
• City Center
111 Hassan Street SE
lLuchinson,JIN 55350 -2522
(320) 587 -5151
Fax ?3201234.4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, UN 55350.3097
(320) 587 - 2975
Fax (3 20) 2.34 -1240
Printed on recveled paper -
Police Services —
10 Franklin Street SK'
Hutchinson. SIN 55350 -2.164
(330) 587 -2742
—// Fax 13 7 0) 587 -6427
MEMORANDUM
CERTIFICATE OF SURVEY for
- -+ a36
OO ,t' nor �•
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3 P ScAve G &14 / s,
\a9o9
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BENCH MARK Top nut of Hydrant
Elevation= 1044.40
x 453
v 4it
x 4l.B
x denotes existing eleyaflnn
( )denotes proposed eleeallon
0 20 40 90
o Denotes Iron r.ant at
Scale In feet • Denotes Iron ecnument found
PELLINEN LAND SURVEYING HUTCHINSON. MINNESOTA
LOT 4, BLOCK 1, SWANSON'S SUBDIVISION IN
HUTCHINSON INDUSTRIAL DISTRICT
R 54,f
I xcz.]
S89 °40'00'E 268.49 I.co3
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(49.0) \
PROPOSED BUILDING
30.
FLOOR-1049 so
A 64
DROPQ6iD BUILDIIA
a4
(_.
s 444 45.9 y
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I ys'xfd' - /ffs
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eala Unp Dudtllnp
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, xS9 }
Kerney certify that this survey
was pre perad by
me or under my direct superrlalon
45.5
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t`
[(lam- aRZ� /"2✓rCM
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PAGE 64
N
(49.0)
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-476
1 - – —
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Kerney certify that this survey
was pre perad by
me or under my direct superrlalon
and that 1 m as duly Licensed
Lend Surveyor under
the lava of the State of Minnesota.
[(lam- aRZ� /"2✓rCM
x 539
Yl llard Pelllnen, License No.
9676. Data
,f4 nL G 1 9 9S
JOB NO. 933607
BOOK P 163
PAGE 64
RESOLUTION NO. 10831
RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF
ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY MR.
• RICHARD MCCLURE FOR THE REDUCTION OF FRONT/FUTURE SIDE YARD
SETBACK TO 0' LOCATED AT 995 -5TH AVE. S.E.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
FINDINGS
1. Mr. Richard McClure has applied for a variance from Section 6.04 of Zoning Ordinance
No. 464 to reduce front/future sideyard setback to 0' located at 995 - 5th Ave. S.E. with the following
legal description:
Legal Description: Lot 4, Block 1, Swanson's Subdivision in Hutchinson Industrial District
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 fight of the applicant. It will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
The application for the variance for the purpose designated is granted based on the findings
set forth above.
Adopted by the City Council this 22nd day of April, 1997.
ATTEST:
Gary D. Plotz, City Adm.
•
Marlin D. Torgerson, Mayor
C
DATE: April 18, 1997
.: ■ : �•• • u• • MUM
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 27, 1997, Mr. Arthur Dodge submitted an application for a conditional use permit to move
a 34' x 34' house and a 12'x 22' garage on property located at 495 California St. N.W. A public
hearing was held at the regular meeting of the Planning Commission on Tuesday, April 15, 1997,
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.
Notices were mailed to the surrounding property owners as well as published in the
Hutchinson Leader on Thursday, April 15, 1997.
The proposal is in conformance with the requirements of a conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the Conditional Use Permit for the
purpose designated is granted based on the findings set forth above noting staff recommendations
that a land survey is submitted, a review of structures by the building inspector, submit a copy of the
moving permit the building permit, and the house is to be completed by October 1, 1997.
Respectfully submitted,
Dean Wood. Chairman
Hutchinson Planning Commission
City Center
Parks & Recreation
Police Services
111 Hassan Street SE
900 Harrington Street S IV
10 Franklin Street SVV
llurchinson..NN 55350 -2522
Hutchinson, MN 55350 -3097
Hulchinson.11 5150 -2414
r320i 587 -5151
1320) 587 -2975
(320) 587 -2242
Fax f 4201 234 -4240
Fax (320) 234 -4240 � — 1
Fax r 320) 587 -6427
- Printed on recycled paper -
Map
RESOLUTION NO. 10832
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 8.05 OF ZONING ORDINANCE NO. 464
REQUESTED BY MR. ARTHUR DODGE TO MOVE A 34'X 34' HOUSE AND 12'X 22'
GARAGE ON PROPERTY LOCATED AT 495 CALIFORNIA ST. N.W.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN:
L Mr. Arthur Dodge, has made application to the City Council for a Conditional Use Permit under
Section 8.05 of Zoning Ordinance No. 464 to move a 34' x 34' house and 12' x 22' (264 sq. ft.) garage on
property located at 495 California St. N.W. with the following legal description:
LEGAL DESCRIPTION: Lot 5, Block 1, California Second Addition
2. The City Council has considered the recommendation of the Planning Commission and
the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the
effect of the use on the Comprehensive Plan.
3. The Council has determined that the proposed use will not be detrimental to the health, safety,
or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously
depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent
of the Zoning Ordinance and the Comprehensive Plan.
The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth
above subject to staff recommendations noting that a land survey is submitted, a review of structures by the
building inspector is required, submit at copy of the moving permit with the building permit and the house is to
be completed by October 1, 1997.
Adopted by the City Council this 22nd day of April, 1997.
ATTEST:
Gary D. Plotz
City Administrator
0
Marlin D. Torgerson
Mayor
C;
DATE: April 18, 1997
1 11 ; a 2 08 1,
WIT NV
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 27, 1997, Mr. Don Hantge submitted an application for a conditional use permit to
construct a 24' x 76' addition to present building with a 8' setback on the northwest comer of the
property located at 234 -4th Ave. N.W. A public hearing was held at the regular meeting of the
Planning Commission on Tuesday, April 15, 1997, 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.
?. Notices were mailed to the surrounding property owners as well as published in the
Hutchinson Leader on Thursday, April 15, 1997.
3. The proposal is in conformance with the requirements of a conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the Conditional Use Permit for the
purpose designated is granted based on the findings set forth above.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
City Center
Parks & Recreation
Police Services
111 Hassan Street SE
900 Harrington .Street SW
10 Franklin Street SW
lluichinson. SRV 55350 -25J2
Hutchinson, SIN 55350 -3 09 7
Hutchinson..JIN 55350 -2464
3201 587.5151
(320) 587 -2975
r320) 587 -2242
Fax i 7201 234-4240
Fax (320) 234 -4240 � � �
111
Fax 1320) 587 -6427
Printed on recycled paper -
J1
50 ,.
24' o`I Nr-,W ADP rrlc*l
I
M
0
lv�-o
LAJ?AWAY
���
C.
M E
U M
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Consideration of CUP for Tri-County Water Conditioning
DATE: April 17, 1997
Since the staff recommendation was not followed by the Planning Commission in regards to the
above Conditional Use Permit (CUP), I feel it is important to discuss the background and reasoning
of our recommendation.
♦ We would have a hard time approving a variance or conditional use permit that allows a primary
structure to be located 8' from a right -of -way on a low volume residential street. It does not
appear to make sense to allow this type of setback on a major trunk highway with almost 15,000
vehicles a day. No zone allows less than a 25' setback, and this zone recommends 30 feet..
♦ Although Mn/DOT has no jurisdiction over this matter until a project is specifically scheduled
and funded, it is highly likely that a portion of this property will need to be acquired to address
highway widening, safe sloping and/or reconstruction of infrastructure.
♦ If required to be purchased, the state will also be required to pay for relocation and other
expenses that could greatly increase their cost. Although the state, not the City, would need to
cover these costs, these costs would be assumed by the taxpayer.
♦ The estimated cost of the proposed reconstruction of TH 7/22, and the design problems
associated with the slope in the area and the abundance of close properties, have caused this
project to slip substantially in the state improvement schedule. By potentially increasing the cost
of the project, and complicating design issues, we will be potentially delaying construction.
♦ We have been working hard to maintain the viability of the Trunk Highway system in
Hutchinson, and have reviewed limiting accesses and increasing setbacks to protect safety and
capacity.
Although I understand that there is a need for the property to expand, the State and City are
accepting a risk associated with allowing a major variance from recommended setbacks. Their is
little, if any, risk to the property owner since the state will both purchase the property and pay for
relocation.
• City Center Parks & Recreation Police Services
III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW
Hutchinson, MN 55350 -2522 Hutchinson, MN 553504097 Hutchinson, MN 55350 -2464
(320,)587 -5151 (320) 587 -2975 (320) 587 -2242
Fax (320) 234 -4240 Fax (320) 234 -4240 Fax (320) 587 -6427
- Printed on recycled paper -
M O R A N D
RESOLUTION NO. 10833
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 8.05 OF ZONING ORDINANCE NO. 464 •
REQUESTED BY MR. DONALD HANTGE, TRI COUNTY WATER, TO CONSTRUCT AN
ADDITION TO PRESENT BUILDING LOCATED IN THE C -5 DISTRICT AT
234 - 4TH AVE. N.W.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN:
1. Mr. Donald Hantge, has made application to the City Council for a Conditional Use Permit
under Section 8.05 of Zoning Ordinance No. 464 to construct an addition to the present building located in the
C -5 District at 234 - 4th Ave. N.W. with the following legal description:
LEGAL DESCRIPTION: Lot Seven (7) in Block Twenty-five (25) in the Townsite of Hutchinson, North
Half, and that part of Lot Six (6) in Block Twenty-five (25) in the Townsite of
Hutchinson, North Half, described as follows, to -wit: Commencing at the Southwest
comer of said Lot 6; thence Easterly along the South line of said Lot 6 a distance of 61
feet; thence Northerly on a line parallel with the West line of said Lot 6 a distance of
approximately 154 feet to the North line of said Lot 6; thence Southwesterly along the
North line of said Lot 6 a distance of approximately 69 feet to the Northwest comer of
said Lot 6; thence Southerly along the West line of said Lot 6 to the point of
commencement.
2. The City Council has considered the recommendation of the Planning Commission and i
the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the
effect of the use on the Comprehensive Plan.
3. The Council has determined that the proposed use will not be detrimental to the health, safety,
or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously
depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent
of the Zoning Ordinance and the Comprehensive Plan.
The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth
above.
Adopted by the City Council this 22nd day of April, 1997.
ATTEST:
Gary D. Plotz
City Administrator
•
Marlin D. Torgerson [�
Mayor / —�'
c
0
DATE: April 18, 1997
K•J.69u]q:7:U_l[i� • : u_Il � u ► • . • ►11 • ;) . .: • ► ; t
t. u�' : .:•1 • • •• •: � • .ul • � 1 J 1.
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 January 7, 1997, Hutchinson Planning Staff requested an amendment to the City Zoning Ordinance
#464, Section 8.05, 8.06 and 9 regarding lot dimensions for two family dwelling units as follows:
Section 8.05
R -2 District
DIMENSIONAL REGULATIONS:
(2) Required Lot Dimensions (feet):
Use
Minimum
Lot Width
Minimum
Lot Depth
Single- family residence
70
120
connected to public
Corner lot: 90
sanitary sewer.
at building
line
Two - family residence.
4&5
120
Max. ground coverage
25
35%
80
• CitvCenter
111 Hassan Street .SE
llatchinson.SIN 55350 -2522
(320) 587.5151
Fax (320) 234.4 240
Parks & Recreation
900 llarrnn,gton .Street SIV
Hutchinson. SIN 55350 -3097
(320) 587 - 2975
Fax (320) 234.4240
- Printed on recycled paper -
Police Services
10 Franklin .Street SIV
Hutchinson, .NN 55350.2464
(320) 587 -2
Fax(320)587 -6427
Section 8.06
R-3 District
DIMENSIONAL REGULATIONS
(1) Minimum Lot Area and Dimensions:
Use
Minimum Lot
Minimum
Minimum
R -3
Area per
Lot Width
Lot Depth
Single - Family
Dwelling Unit
8,400
7,200
Single - family
7,200
60
120
residence
5,289
Corner: 80
–
Two - family
5 - 12 - 89
88
120
residence
5,000
GeFmer:198
Max. ground
80
coverage 35%
–
4,200
Four or more
4,200
None
None
family building
(4/93)
4,000
Townhouses
4,200
None
None
(4/93)
0 BR /DU
Does not count area set aside for surface water ponding or
wetland protection.
SECTION 9: TABULATION OF DIMENSIONAL REQUIREMENTS
FOR ZONING DISTRICTS
Minimum Lot Area per Dwelling Unit:
0
i
•
— /e,
Zoning Districts
R -1
R -2
R -3
R-4
R-5
Single - Family
10,400
8,400
7,200
–
–
Two- Family
6
5,289
–
–
Max. ground coverage
5,000
5,000
35%
4-, 6-, 8- Family
–
4,200
4,000
Townhouses
4,200
4,000
Apartment Building
–
–
0 BR /DU
2,500'
1 BR/DU
3,000'
2 BR/DU
3
3 BR/DU
3.500'
0
i
•
— /e,
0
E
Elderly Apartments
Zoning Districts
R -1
R -2
R -3
R-4
Efficiency
Lot Width:
1,000
1 BR/DU
Single
80/110
1,500
60/80
2 BR /DU
100
Double
2,000
88M98 0
Mobile Homes
—
—
Determined by
4-6 -8
setbacks
" These minimum lot areas may be adjusted as follows: (1) for each parking space within or
under an apartment building, subtract 400 square feet from the total minimum lot area, (2) for
each unit with a balcony of not less than 45 square feet, subtract 200 square feet form the total
minimum lot area.
Minimum Lot Widths:
FINDINGS OF FACT
L All procedural requirements for amendments to the Ordinance have been complied with.
2. Notice was published in the Hutchinson Leader on Thursday, April 3, 1997.
The hearing was held at the regular meeting of the Planning Commission on Tuesday, April 15. 1997, 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,
Dean Wood, Chairman
Hutchinson Planning Commission
� le,
Zoning Districts
R -1
R -2
R -3
R-4
R -5
Lot Width:
Single
80/110
70/90
60/80
None
100
Double
19SM25 80
88M98 0
115
Townhouse
None
4-6 -8
None
Apartment
_
Lot Depth:
130
Single
120
120
None
50
Double
120
120
65
Townhouse
None
4-6-8
None
Apartment
_
FINDINGS OF FACT
L All procedural requirements for amendments to the Ordinance have been complied with.
2. Notice was published in the Hutchinson Leader on Thursday, April 3, 1997.
The hearing was held at the regular meeting of the Planning Commission on Tuesday, April 15. 1997, 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,
Dean Wood, Chairman
Hutchinson Planning Commission
� le,
C
TO: Mayor and City Council
FROM: Bonnie Baumetz, Planning and Zoning
SUBJECT: CONSIDERATION OF REQUEST BY CROW RIVER SPECIAL EDUCATION
COOPERATIVE TO APPROVE A 6 MONTH EXTENSION OF
CONDITIONAL USE PERMIT LOCATED AT BETHANY BAPTIST CHURCH
LOCATED AT 800 GROVE ST.
•
DATE: April 18, 1997
The Planning Commission recommends approval of the request for a six month extension.
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(320) 587 -5151
Fax (310) 2344240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(320) 587 -2975
Fax (320) 2344240
Police Sen4ces —
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(320) 587 -2242
Fax (320) 587 -6427
Printed on recycled paper -
CROW RIVER SPECIAL EDUCATION COOPERATIVE
JOINT POWERS DISTRICT 937
30 Glen Street North
Hutchinson, Minnesota 55350
Phone(320)587 -6790
March 27, 1997
Bonnie Baumetz, Planning Secretary/Coordinator
City of Hutchinson
Building/Planning/Zoning Department
111 Hassan Street Southeast
Hutchinson, Minnesota 55350
Dear Ms. Baumetz,
A request is hereby made for a six (6) month extension of our Conditional Use Permit, Resolution
#10418. The requested extension of our current permit until October 1997 would give us time to
consider other options for our program's future.
Sincerely,
Peter A. Malmberg, Ed.D.
Director of Special Education
cs
� - -S'
C
DATE: March 23, 1995
TO:
FROM
• . . ; : r • •]T • ►P r • .: ; u: L4C•IrI�YLM:!•]:)'[�l;�i ; \/
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 February 27, 1995, Peter Malmberg, Director of Special Education Services Crow River Cooperative,
• submitted an application for a conditional use permit to change the use from church to school located at
Bethany Baptist Church, 800 Grove St. A public hearing was held at the regular meeting of the Planning
Commission on Tuesday, March 21, 1995, 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, March 9, 1995.
The proposal is in conformance with the requirements of a conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned request for a conditional use
permit be granted based on the findings set forth above subject to the conditional use permit be reviewed in
2 years if the school were to continue at the same location.
Resp ctfully submi d, 7
1�2�r�
Clint Gruett, Chairman
Hutchinson Planning Commission
is City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax (612) 234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975 GIl
Fax(612)234 -4240
- Printed on recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN55350 -2464
(612) 587 -2242
Fax (612) 587 -6427
TO: Mayor and City Council
FROM: Bonnie Baumetz, Planning and Zoning
SUBJECT: CONSIDERATION OF REQUEST FOR LOT SPLIT REQUESTED BY
GEORGE AND SHIRLEY FIELD TO SPLIT PROPERTY LOCATED AT 667
BLUFF ST.
11
MWIG
DATE: April 18, 1997
The Planning Commission recommends approval of the request.
• City Center
111 Hassan Street .S&
Hutchinson, III 55350 -2522
(320) 587 -15151
P'ax X3201 234-4240
Parks & Recreation
900 Harrington Street SIV
Hutchinson, AIN 55350 -3097
(320)5X7 -2975
Fax 020) 234 -4240
Police Services
10 Franklin .Street .SW
Hulchinson,SlN 55350.2464
_ (320) 587 -2242
( Fax(320)587 -6427
Printed on recycled paper -
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DATE: April 18, 1997
TO: Mayor and City Council
FROM: Bonnie Baumetz, Planning and Zoning
SUBJECT: CONSIDERATION OF REQUEST BY DAVID ALQUIST FOR
CONSTRUCTION OF DOG KENNEL TO BE LOCATED IN SECTION 29 OF
HUTCHINSON TWP.
0
The Planning Commission recommends approval of the request.
ON Center
111 Hasson Street SE
Hutchinson. AIN 55350 -2522
320) 587 -5151
Fax 1320) 234 -4240
Printed on recycled paper -
Parks & Recreation
Police Sen4ces
900 Harrington Street SIV
10 Franklin Street SIV
Hutchinson. AIN 55350 -3097
Hutchinson, AIN 55350 -2464
(320)587.2975
/
1320) 587 -2242
Fax (320) 234 -4240
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Fax (320) 587 -6427
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MINUTES
HUTCHIN u C OMMISSION R YOUR /NFOR�
ter..
• The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present:
Bill Arndt, Dave Westlund, Bill Craig, and Jim Haugen. Absent: Glenn Matejka Also present: Jim Marka,
Director of Building, Planning, and Zoning; Bonnie Baumetz, Planning and Zoning; and Barry Anderson, City
Attorney.
►19 .
a) CONSIDERATION OF MINUTES OF REGULAR MEETING DATED MARCH 18, 1997
Mr. Arndt made a motion to approve the minutes dated March 18, 1997, seconded by Mr. Craig
the motion was carried unanimously.
12001 1 R Lei; I IL :4 11!
a) CONSIDERATION OF ANNEXATION OF 1.3 ACRES LOCATED ON THE HOERNEMANN
ESTATES PROPERTY REQUESTED BY MR. FRANK REESE ARCHITECT FOR PRAIRIE SENIOR
COTTAGES
Chairman Dean Wood opened the hearing at 5:42 with the reading of publication #5013
as published in the Hutchinson Leader on Thursday, April 3, and Tuesday, April 8, 1997. The request
is for the purpose of consideration of annexation of 1.3 acres located on the Hoememann Estates
property requested by Mr. Frank Reese architect for Prairie Senior Cottages.
Bonnie Baumetz explained the request for annexation. She also explained Prairie Senior Cottages
will be coming back later for conditional use permit and rezoning.
• Frank Reese, architect for Prairie Senior Cottages described the design of the home. This is a
transitional home designed to fit in the residential area. It is a one story, twin, wood home. The
area used as a commons area could later be converted into a garage. The home has a sprinkler
system and motion detectors.
Jennifer Isaacson explained Prairie Senior Cottages' organization. They will have 16 residents and
20 employees. There will be an enclosed court yard, and the building is secured. There will be at
least two staff persons on duty at all times.
Mr. Haugen asked what licensing was involved. Ms. Isaacson said, currently there is no license, but
the health staff is licensed and there will be a part-time registered nurse available.
Mr. Craig asked if anyone could be a resident or is residency restricted to the Hutchinson area.
Ms. Isaacson said people from other areas may be residents.
Mr. Craig said there is a need for a facility of this type in the community.
Mr. Don Hagen, 1280 Bradford Street, said he has no objections to the facility, but feels it may
decrease value of land. He felt they should have been notified by mail.
Mr. Bruce Hakes, 1279 Bradford Street. wanted to know why they weren't notified earlier. He felt
the facility should be located on the end of the block by the Village Cooperative.
Mr. Marka explained the area is zoned R -3, (multiple family residen) and Prairie Cottages will have
to come back again for a conditional use permit, and rezoning from R -1 (single family residence) to
• a R -3. _
Mr. Anderson, city attorney, explained the notification process for public hearings, and he stated this
hearing is for annexation only.
HUTCHINSON PLANNING COMMISSION MINUTES
April 15, 1997
Mr. Craig made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 5:53 p.m. Mr.
Craig made a motion to recommend approval with staff recommendations. Seconded by Mr. Haugen the motion
canned unanimously.
b) CONSIDERATION OF VARIANCE REQUESTED BY MR. DICK MCCLURE FOR THE REDUCTIOle
OF FRONT/FUTURE SIDE YARD SETBACK TO 0' LOCATED AT 995 - 5TH AVE. S.E.
Chairman Dean Wood opened the hearing at 5:31 with the reading of publication #5014 as published in the
Hutchinson Leader on Thursday, April 3, 1997. The request is for the purpose of considering a request for a
variance by Mr. Dick McClure to reduce the front/future side yard setback to 0' located at 995 -5th Ave. S.E.
Mr. Marka explained the project He said because of planned street and bridge construction, staff recommends
a variance. It will reduce infrastructure costs to vacate the right of way. Mr. McClure will access the property
from 5th Avenue S.E., and he will align the curb cut per the City's request.
Mr. Westlund made a motion to dose the hearing, seconded by Mr. Arndt the hearing closed at 5:33 p.m. Mr.
Westund made a motion to recommend approval with staff recommendations. Seconded by Mr. Haugen
the motion carried unanimously.
C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MR. ARTHUR DODGE TO
MOVE A 34'X34' HOUSE AND A 12' X 22' GARAGE ON PROPERTY LOCATED AT 495
CALIFORNIA ST. N.W.
Chairman Dean Wood opened the hearing at 6:05 with the reading of publication # 5015 as published in the
Hutchinson Leader on Thursday, April 3, 1997. The request is for the purpose of considering a conditional use
permit requested by Mr. Arthur Dodge to move a 34'x34' house, and a 12'x22' garage on property located at
California St-N.W.
Ms. Baumetz explained Mr. Dodge needed a conditional use permit to move a home and garage onto his lot
at 495 California Street N.W. Planning staff had recommended approval with the following requirements: a land
survey is submitted, the building inspector review strictures, 400 sq. R minimum garage on a foundation within
one year, submit a moving permit and building permit and house be completed by October 1, 1997.
Mr. Craig expressed concerns regarding the requirement of a 400 sq. ft. garage. He also asked if they wou
be rebuilding the fireplace. Mrs. Dodge said they would rebuild with a liner for a gas fireplace.
Mr. Dodge had a drawing showing how he would expand the 12'X22' garage into a double garage.
Mr. Westlund asked if it would be financial burden to build on garage. Mr. Dodge assured he would build within
a year.
Mr. Arndt asked if it was financially feasible to move garage rather than build. Mrs. Dodge said it will cost
$1000.00 to move the garage. If they don't move the garage, they will have to pay to dispose of the garage.
Mr. Arndt moved to close the hearing, seconded by Mr. Craig the hearing closed the 6:15 p.m. Mr. Arndt made
a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Westiund, Mr.
Craig opposed the requirement of a 400 sq. ft. garage within one year.
Mr. Marka asked for clarification of the motion.
Mr. Anderson, city attorney said staff could recommend a garage be built within one year, but his office would
not be able to enforce it. He felt the issue was the marketability of the property and should be dealt with now.
Mr. Westlund moved to reconsider the motion. Mr. Arndt seconded the motion the vote was unanimous to
reconsider the motion.
Mr. Arndt made a motion to recommend approval of staff recommendation excluding #3 (recommend minimum
400 sq. ft. garage on a foundation within one year). Seconded by Mr. Craig motion the carried unanimously.
d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MR. DON HANTGE, T_RI
COUNTY WATER, TO CONSTRUCT AN ADDITION TO PRESENT BUILDING LOCATED IN TH�
C -5 DISTRICT AT 234 - 4TH AVE. N.W.
Chairman Dean Wood opened hearing at 6:26 p.m. The reading of publication #5016 as published
in the Hutchinson Leader on Thursday, April 3, 1997. The request is for the purpose of considering
HUTCHINSON PLANNING COMMISSION MINUTES
April 15, 1997
a conditional use permit requested by Mr. Don Hantge, Tri County Water. to construct an addition
to the present building located in the C -5 District at 325 -3rd Avenue N.W.
• Mr. Marka explained the request stating the concern was the 8' setback and what is going to happen
to Hwy. 7. He said the staff recommended approval of an addition with a 30' setback from the
property line along Hwy. 7 and Third Avenue N.E.
Mr. Hantge said the average setback of neighboring property is 57' from the curb. His building would
be setback 53' from the curb. Mr. Westlund had viewed the property and thought it was in line with
the other neighboring property.
Ms. Baumetz said she had talked to Mr. Rice from MNdot and he said their main concern would be
parking along and access to the highway. Mr. Hantge said they are going to access the addition from
their main building.
Mr. Anderson explained the request is a land use condition rather than a Hwy. 7 issue.
Mr. Craig made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 6:36 p.m.
Mr. Arndt made a motion to recommend approval of the request by Mr. Hantge for a 8' setback
instead of the recommended 30' on the northwest comer of the property to construct a 24' x 76'
addition to the present building. Seconded by Mr. Craig the motion carried unanimously.
e) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REGARDING LOT DIMENSIONS
IN THE R -2 DISTRICT
Chairman Wood opened the hearing at 6:40 with the reading of publication #5017 as published in The
Hutchinson Leader on Thursday, April 3, 1997. The request is for the purpose of the consideration to amend
the City Code Chapter 11, Zoning Ordinance #464, Sections 8.05, 8.06 and 9, regarding lot dimensions for two
family dwelling units.
• Ms.Baumetz explained proposed changes in lot widths and areas.
Mr. Craig made a motion to close the hearing, seconded by Mr. Haugen the hearing closed at 6:43 p.m. Mr.
Craig made a motion to recommend approval of changes. The motion carried unanimously.
4. OLD BUSINESS
a) REVIEW DRAFT VERBIAGE OF COMPREHENSIVE PLAN
Mr. Marka asked the commissioners to review the plan as a layman, and bring the plan back next
month with their comments.
5. NEW BUSINESS
a) CONSIDERATION OF REQUEST BY CROW RIVER SPECIAL EDUCATION COOPERATIVE TO
APPROVE A SIX -MONTH EXTENSION OF CONDITIONAL USE PERMIT AT BETHANY BAPTIST
CHURCH LOCATED AT 800 GROVE ST
Ms. Baumetz explained that Crow River Cooperative's present permit is expiring. They are not sure
they will continue to use the church at 800 Grove street, but an extension would give them time to
consider other options.
Mr. Craig made a motion to close the hearing, seconded by Mr. Arndt hearing closed at 6:50 p.m..
Mr. Craig made a motion to recommend approval with staff recommendations. The motion carried
unanimously.
• b) CONSIDERATION OF LOT SPLIT REQUESTED BY GEORGE AND SHIRLEY FIELD TO SPLIT
PROPERTY LOCATED AT 667 BLUFF ST.
Mr. Marka explained the history of this lot, noting the assessments and sanitary sewer and water
connection fees.
HUTCHINSON PLANNING COMMISSION MINUTES
April 15, 1997 -
Mr. Westlund made a motion to close the hearing, seconded by Mr. Haugen the hearing closed at
6:58 p.m. Motion was made to recommend approval of the request with staff recommendations.
Motion was seconded and carried unanimously
•
C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID AHLQUIST TO
CONSTRUCT A DOG KENNEL LOCATED IN SECTION 29, HUTCHINSON TOWNSHIP.
Ms. Baumetz explained the requested dog kennel is in Hutchinson township 1/4 mile from city limits.
Mr. Craig recommended approval of the request for a conditional use permit to construct a dog
kennel. Seconded by Mr. Haugen the motion passed unanimously.
d) Mr. Wood asked planning commission members to consider a member for vice chairman. Action
was delayed until next month.
e) Staff was asked to contact Mr. Doug Rettke regarding his unpainted building at 184 -4th Avenue N.W.
6. COMMUNICATION FROM STAFF
Mr. Marka welcomed Mr. Haugen to the commission
Ms. Baumetz said the commission will now be a six - member board. Utilities will no longer represented, but
the electrical and gas departments are represented at the planning staff meetings.
ADJOURNMENT
There being no further business the meeting adjourned at 7:07 p.m.
is
•
PUBLICATION NO. 5019
NOTICE OF HEARING ON PROPOSED IMPROVEMENT
• LETTING NO. b
PROJECT NOS. 97 -02, 97 -13, 97 -14, 97 -15, 97.18, 97 -19, 97 -21, 97 -22, 97.23, 97.24
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the
Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at
6:00 P.M. on the 22nd day of April, 1997, to consider the making of an improvement of:
Project No. 97 -02 South Grade Road SW East of Otter Lake by construction of shoulder
widening, grading, gravel base, curb and gutter, bituminous base,
bituminous wear course and appurtenances; and
Project No. 97 -13 Sidewalk Improvements - City Wide
Project No. 97 -14 Municipal Parking Lot "E" in Block 50, North %2 City between Washington
Ave W and 1 st Ave NW; and
Project No. 97 -15 Century Avenue SE by construction of turn lane; and
Project No. 97 -18 Ontario Street SE between 4th Ave SE and 5th Ave SE by construction of
watermain, storm sewer and appurtenances; and
• Project No. 97 -19 Kouba Parkway from T.H. 7 to Luce Line Trail by construction of storm
sewer, grading, gravel base, curb and gutter, bituminous base, bituminous
wear course and appurtenances, and
Project No. 97 -21 4th Avenue SE from Main Street to Adams Street by reconstruction of
watermain, construction of grading, gravel base, curb and gutter,
bituminous base, bituminous wear course and appurtenances; and
Project No. 97 -22 Alley Improvements in Block 50 South' /2 City between Hassan Street SE
and Main Street S, and Fourth Avenue SE and Fifth Avenue SE and also
in Block 4 of Bonniwell's First Addition between Division Avenue SW and
Milwaukee Ave SW and Brown Street SW and Grove Street SW by
construction of grading, gravel base, curb and gutter, bituminous base,
bituminous wear course and appurtenances; and
Project No. 97 -23 Hidden Circle SW, south of Roberts Road by construction of bituminous
wear course and appurtenances; and
Project No. 97 -24 Morningside Drive NE north of Hilltop Drive NE by construction of
bituminous wear course and appurtenances.
• pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for
such improvement is the benefitted property, for which property owners shall receive mailed
notice.
PUBLICATION NO. 5019 -PAGE 2
NOTICE OF HEARING ON PROPOSED IMPROVEMENT
LETTING NO. 6, PROJECT NOS. 97 -02, 97 -13, 97 -14, 97.15, 97 -18, 97 -19, 97 -21, 97 -22, 97 -23, 97.24
The estimated City Cost of said improvement is $381,740.00, with an Assessable Cost of
$86,856.00, for the total estimated cost of $468,596.00.
Such persons as desire to be heard with reference to the proposed improvement will be heard
at this meeting.
Dated: April 8th, 1997.
City Admim trator
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING,
WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR
COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF
OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, APRILIOTH, 1997
AND THURSDAY, APRIL 17TH, 1997.
C
M E M O R A N D U M
0
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: PUBLIC HEARING and Resolutions for Letting No. 6/1997
DATE: April 17, 1997
Attached please find a description of each of the projects included in the Public
Hearing, and a spreadsheet of estimated costs. I will have a more detailed list of
expected costs and assessments for Tuesday's meeting.
• City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(320) 587 -5151
Fax (320) 2344240
Parks & Recreation
900 Harrington Street S W
Hutchinson, ;NN 55350 -3097
(320) 587 -2975
Fax(320)234 -4240
Primed on recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
i (320) 587 -2242
Fax (320) 587 -6427
• LETTING 4o 6 /1997
1 1
m€lk
�
97 -02
South Grade Road
Street widening and curb & gutter
Construction cost assessed, engineering
(East of Otter Lake)
construction. Bid last year with high cost.
not assessed, per agreement with City.
Re -Bid in this project.
97 -14
Municipal Parking Lot E
Completion of parking lot in area of
Parking Lot, TIF funds and Dairy Queen
current 2 -Way Communications building
agreement
97 -15
Century Avenue Turn Lane
Adds right turn lane to west -bound
No assessments
Century Avenue at Main Street. Includes
reconfiguration of Hospital Parking Lot.
97 -18
Ontario Street Utilities
Reconfigures and updates watermain and
Water fund replaces watermain, storm
storm sewer adjacent to 5th Avenue SE
sewer bonded cost to City
Bridge and roadway project.
97 -19
Kouba Parkway
Completes street improvement from TH 7
Per policy, adjacent properties assessed
(Luce Line to TH 7)
to Luce Line Trail, adjacent to Cenex and
for frontage over 150'. Remainder of
All Seasons. Entrance to West River Park.
costs City bonded.
97 -21
4th Avenue SE
Replaces failing bituminous surface
Some assessments probably, but minimal
(Main Street/TH 15 to Adams
between existing curb lines, repairs and
assessable frontage on street (mostly
Street/TH 22)
reconfigures watermain.
side - yards). Remainder City bonded.
97 -22
Alley Improvements
Paving existing alley. Resident's will
100% assessed.
(Block 4/Bonniwell's Add. &
choose "yes or no ". No City policy would
Block 50 /S '% City
require this work.
97 -23
Hidden Circle
Wear Course paving on existing street.
100% assessed.
Deferred from last year. Required to
protect existing street investment.
97 -24
Morningside Court
Wear Course paving on existing street.
100% assessed.
Deferred from last year. Required to
protect existing street investment
City of Hutchinson * 1997 1LETTING NO. 6
40
Project
Cost Estimates
Cost Split
Number.:
Construction
k�sEx
enses
. -Total - - - ,=
"- Assessed -= City,
Bond _ - 1
aterfftste =leas
= -
- ,.ti.�- -Total
$18,000
$4,320
$22,320
$18,000
$4,320
- 20
$27,500
$6,600
$34,100
$34,100
X100
9
$34,000
$33,000
$8,160
$42,160
$40,920
$42,160
$40,920'
0
+920
9. 8
9
$52,000
$12,480
$64,480
$16,120
$48,360
480
$150,0001
$12,000
$36,000
$2,880
$186,000
$14,880
$20,000
$14,880
$166,000'
6000
4
$7,200 $1,728
$7,200- $1,728
-$340 900 , a 81816
$8,928
$8,928
7
$8,928
$8,928,,;:�,";
', ^x$86
$260 840
$40 920 wi:�.:;d °A $34100
8;928
TOTAL
; "�.kS422 716
0 * Will complete project design and go out for bids if approved
♦ Assessment Hearing to be held after bids, prior to award of
contract
♦ Actual final assessment costs to be calculated for assessment
hearing, based on the actual project costs.
♦ Interest rate will be determined by rate that city receives for
the project bonds.
► Full payment without interest by October 1 st
► Full payment with interest (from October 1st) by November
15th
► After November 15th, the assessments are certified to tax
rolls
► Assessment on Tax Roll, 10 years with interest, Equal
Principal
► Deferment available for property owners, meeting income
0 guidelines, who are either over 65 years old or disabled.
0
Project No. 97 -02 South Grade Road (East of Otter Lake)
► Originally proposed for 1996 construction. Prices came in too high
► 4 homes in area. Have requested curb & gutter and shoulder widening.
► Width of shoulder reduced from 1996 proposal to help reduce cost.
► Sodding and seeding also removed from contract to reduce cost.
► City has agreed to pay for engineering costs due to previous
assessments for street reconstruction.
3,000 - 4,000 per lot
► Due to small project size, individual bid items may be hogher than for
larger projects.
0
April 22, 1997 ❖ 6:00 p.m.
• April 22, 1997 ❖ 6:00 p.m.
► Project includes street and storm sewer improvements, including curb
and gutter.
► Project needed due to high volume of commercial and park traffic in
area.
► Properties assessed would include Cenex and All Seasons.
► City would pay for first 150' of the assessment, as per assessment policy
for corner lots.
0 Estimated Assessments
Estimated Project Cost: $55,000 - 65
Estimated Cost/Front Foot:
Estimated City Share:
Estimated Assessment,
Per Parcel:
$73 - 85/Front Foot
$22,000 - 25
$16 - 19,750
0
•
• •� • U• _ $ :rf,u_
► Project includes watermain reconstruction and relocation, new water
services (where necessary), and street reconstruction (most curb &
gutter to remain).
► City pays for:
All new watermain, ex� for service replacement. Most services
will be field verified.
* Street assessment for all parcels previously assessed for full street
assessments.
Street oversizing cost (extra width and depth).
P. Assessments would include:
New /replacement water service lines
Street assessment for previously unassessed properties
LORUM .
Water Service:
$775 - 850 /parcel
(Standard 1" copper service)
• Street Assessment: $35 - 42 /front foot
$2,300 - 2,800 for typical 66' wide parcel
April 22, 1997 + 6:00 p.m.
n
u
Foll I= Wi Vi I
Block 4Bonniwell's Addition (From Milwaukee to Division, East of Grove)
Block 50, South 1 /2 City (From 4th Ave. SE to 5th Ave. SE, East of Main)
► Projects includes paving alley, 13' wide, with inverted crown for drainage
► Bituminous would extend to right -of -way at existing driveways
► Project is discretionary at the direction of the property owners
0
Total Project Cost
Cost per Front Foot
$12 - 1400
$ 9.00 - $10.75/Front Foot
$600 - $700 /per Typical 66' Wide Lot
Block 50 has additional drainage and grading work that will increase cost to
higher end of range.
April 22, 1997 ❖ 6:00 p.m.
I ' I
lop ! ro MU W-.
U I � • _.�
► Project includes wear course paving of existing streets
► Public Hearings held on projects last year, with projects being delayed
due to additional construction expected.
► Integrity of the street is being reduced as base course ages.
► Wear course needs to be constructed
Ll
u< '�
Hidden Circle
$ 8 - 9
$ 685 - 760 per lot (12 total)
Morningside Drive $ 8,200 - 9 $ 685 - 760 per lot (12 total *)
* Each of the 12 adjacent lots are split into multiple units. Final
calculations are proposed to be based actual cost (including expenses) per
lot, divided by the number of condo units.
April 22, 1997 :* 6:00 p.m.
i
RESOLUTION NO. 10834
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 6
PROJECT NOS. 97-02, 97 -13, 97.14, 97 -15, 97 -18, 97 -19, 97 -21, 97 -22, 97.23, 97 -24
WHEREAS, a resolution of the City Council adopted the 8th day of April, 1997, fixed a date for a Council
Hearing on the improvement of:
Project No. 97 -02 South Grade Road SW East of Otter Lake by construction of shoulder widening,
grading, gravel base, curb and gutter, bituminous base, bituminous wear course
and appurtenances; and
Project No. 97 -13 Sidewalk Improvements - City Wide
Project No. 97 -14 Municipal Parking Lot "E" in Block 50, North 1 h City between Washington Ave
W and 1st Ave NW; and
Project No. 97 -15 Century Avenue SE by construction of turn lane; and
Project No. 97 -18 Ontario Street SE between 4th Ave SE and 5th Ave SE by construction of
watermain, storm sewer and appurtenances; and
Project No. 97 -19 Kouba Parkway from T.H. 7 to Luce Line Trail by construction of storm sewer,
grading, gravel base, curb and gutter, bituminous base, bituminous wear course
and appurtenances, and
Project No. 97 -21 4th Avenue SE from Main Street to Adams Street by reconstruction of
watermain, construction of grading, gravel base, curb and gutter, bituminous base,
bituminous wear course and appurtenances; and
Project No. 97 -22 Alley Improvements in Block 50 South 'k City between Hassan Street SE and
Main Street S, and Fourth Avenue SE and Fifth Avenue SE and also in Block 4 of
Bonniwell's First Addition between Division Avenue SW and Milwaukee Ave SW
and Brown Street SW and Grove Street SW by construction of grading, gravel
base, curb and gutter, bituminous base, bituminous wear course and
appurtenances; and
Project No. 97 -23 Hidden Circle SW, south of Roberts Road by construction of bituminous wear
course and appurtenances; and
Project No. 97 -24 Morningside Drive NE north of Hilltop Drive NE by construction of bituminous
wear course and appurtenances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. Such improvement is hereby ordered as proposed in the resolution adopted the 8th day of April, 1997.
2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and
specifications for the making of such improvement.
Adopted by the Council this 22nd day of April, 1997.
•
City Administrator
Mayor
RESOLUTION NO. 10835
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 6
PROJECT NOS. 97 -02, 97 -13, 97.14, 97 -15, 97 -18, 97 -19, 97.21, 97 -22, 97.23, 97 -24
WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of:
Project No. 97 -02 South Grade Road SW East of Otter Lake by construction of shoulder widening,
grading, gravel base, curb and gutter, bituminous base, bituminous wear course
and appurtenances; and
Project No. 97.13 Sidewalk Improvements - City Wide
Project No. 97 -14 Municipal Parking Lot °E° in Block 50, North 1 h City between Washington Ave
W and 1st Ave NW; and
Project No. 97 -15 Century Avenue SE by construction of turn lane; and
Project No. 97 -18 Ontario Street SE between 4th Ave SE and 5th Ave SE by construction of
watermain, storm sewer and appurtenances; and
Project No. 97 -19 Rouba Parkway from T.H. 7 to Luce Line Trail by construction of storm sewer,
grading, gravel base, curb and gutter, bituminous base, bituminous wear course
• and appurtenances, and
Project No. 97 -21 4th Avenue SE from Main Street to Adams Street by reconstruction of
watermain, construction of grading, gravel base, curb and gutter, bituminous
base, bituminous wear course and appurtenances; and
Project No. 97 -22 Alley Improvements in Block 50 South 'i City between Hassan Street SE and
Main Street S, and Fourth Avenue SE and Fifth Avenue SE and also in Block 4
of Bonniwell's First Addition between Division Avenue SW and Milwaukee Ave
SW and Brown Street SW and Grove Street SW by construction of grading,
gravel base, curb and gutter, bituminous base, bituminous wear course and
appurtenances; and
Project No. 97 -23 Hidden Circle SW, south of Roberts Road by construction of bituminous wear
course and appurtenances; and
Project No. 97 -24 Morningside Drive NE north of Hilltop Drive NE by construction of
bituminous wear course and appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MIIJNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby
approved.
• 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an
advertisement for bids upon the making of such improvements under such approved plans and specifications. The
advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be
,s A'
RESOLUTION NO. 10835
LETTING NO. UPROJECT NOS. 97 -02, 97.13, 97.14, 97.15, 97 -18, 97 -19, 97 -21, 97 -12, 97 -23, 97 -24
PAGE
publicly opened at 2:00 pm on Monday, May 19th, 1997, in the Council Chambers of the Hutchinson City
Center by the City Administrator and/or Director of Engineering, will then be tabulated, and will be considered
by the Council on June 10th, 1997, in the Council Chambers of the Hutchinson City Center, Hutchinson,
Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an
opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and
filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified
check payable to the City of Hutchinson for 5 percent of the amount of such bid.
Adopted by the Hutchinson City Council this 22nd day of April, 1997.
Mayor
City Administrator
0
To: Mayor Torgerson, Council Members, and City Administrator
Date: March 21, 1997
Two items have been approved by the HCDC Board of Directors as recommendations to the
City Council,
Item 2 — C-D
A few months ago the City Council was requested by ADC Solitra to pay for the removal of dirt
from Lot 9 and to pay for the work done in Fifth Avenue on the storm sewer. The Council referred the
• request to HCDC. After several meetings between City Staff, HCDC members, and ADC Sofrtra, it
became obvious that there was a much bigger need. A recommendation has been passed by the HCDC
Finance Team and approved by the HCDC Board of Directors. It is recommended that the City approve
up to a maximum of $70,000 from Tax Increment Capture on ADC Solitra's expansion for storm sewer
and land preparation.
The storm sewer will eliminate the retention pond on the north side of ADC Solitra's property
making it available for parking. With the present expansion and expected employment, ADC Solitra will
need every square foot of unoccupied property for parking.
The County Assessor has projected the taxes as a result of the expansion. Estimates indicate that
the net capture will be approximately $126,000 as calculated on the attached sheet. As always, the City's.
Financial Consultant should confirm the calculation. John Rodeberg will provide the details on the project
at the Council Meeting.
On behalf of HCDC Board of Directors,
Dick Lennes
• Executive Director
7 -
Solitra Phase II Tax Increment Projection tif/soiitra2
Taken from the information received from County Assessors office 12/16/96
Note: Using the exisiting tax increment district expiring in 2005
Existing tax: $7,000.00 Based on:
Projected tax: $32,800.00
Potential Capture $25,800.00
1997 Project Completion
1998 Appraised at full value
1999
$25,800.00
2000
$25,800.00
2001
$25,800.00
2002
$25,800.00
2003
$25,800.00
2004
$25,800.00
2005
$25,800.00
Total Est. Capture $180,600.00
Less Admin. $18,060.00
Less LGA $18,060.00
Less Margin for Error $18,060.00
Net Projected Capture $126,420.00
30,000 sq. ft.
Steel fcame/metal bldg.
5000 sq. ft. office
Industrial Park
/`TI'
A
� go I THE HUTCHINSON
Z, LIGHT TRAFFIC
ADVISORY BOARD
MEMO
To: Mayor and Council
From: Light Traffic Advisory Board
Subject: CONSIDERATION OF LIGHT TRAFFIC ADVISORY BOARD
RECOMMENDATIONS FOR THE PROPOSED BIKE LANE STRIPING
IMPROVEMENTS FOR 1997
Date: April 16, 1997
The Light Traffic Advisory Board is in support of the proposed Bike Lane Striping Improvements
for 1997, to be located along:
♦ Dale Street from Juul Road to Linden Avenue
♦ Linden Avenue from Dale Street to Lynn Road
♦ Jefferson Street from Century Avenue to Washington Avenue
is
HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
•
111 Hassan St. SE Hutchinson, Minnesota 55350
f2r (320) 234 -4251 • (320) 234 -4235 • FAX: 320 - 234 -4240
EQUAL HOUSING
OPPORTUNITY
MEMORANDUM
TO: Mayor and City Council �o(
FROM: Jean Ward, HRA Executive Director
MEMO RE: Small Cities Grant for Adams Street Neighborhood
DATE: April 17, 1997
As you know, the City of Hutchinson has been awarded $567,210 for rehabilitation of
thirty nine homes in the Adams Street Neighborhood. A training session was held by the
Minnesota Department of Trade & Economic Development in March which was attended
by HRA staff where we were informed of the numerous rules and regulations concerning
program implementation. The proposed program requires that the following documents
be approved by the City Council and submitted to DTED:
1. Anti- Displacement Policy
2. Grantee Summary Information Sheet
3. Administrative Contract between City of Hutchinson and HRA for administration of
the Adams Street Rehab Project
4. Small Cities Development Program Grant Agreement between City of Hutchinson and
Minnesota Department of Trade and Economic Development
Also enclosed, please find a draft of the Adams Street Neighborhood Rehab Project
procedural guide which was reviewed and preliminary approved at the April 15th HRA
Board meeting. Final approval will take place after the Department of Trade and
Economic Development acceptance of the procedural guide.
For your information, a public notice of program environmental review and historical
review will be published the last week of April or early part of May. The HRA has also
met with homeowners in the project area on April 16 to explain the program and take pre -
applications to determine eligibility. Applications will be taken for a sixty day period
beginning April 16, 1997 at which time applications will be ranked based on the number of
health and safety deficiencies present and date and time of application.
n
U
t l-_�)'
RESIDENTIAL ANTI - DISPLACEMENT AND RELOCATION ASSISTANCE PLAN
• The City of Hutchinson will replace all occupied and vacant occupiable lowimoderate-
income dwelling units demolished or converted to a use other than as low /moderate- income housing
in connection with an activity assisted with funds provided under the Housing and Community
Development Act of 1974, as amended, as described in 24 CFR, Part 570.488(c)(1).
All replacement housing will be provided within three years after the commencement of the
demolition or conversion. Before entering into a contract committing the City of Hutchinson to
provide funds for an activity that will directly result in such demolition or conversion, the City of
Hutchinson will make public and submit to the Minnesota Department of Trade and Economic
Development the following information in writing:
1. A description of the proposed assisted activity.
2. The location on a map and number of dwelling units by size (number of bedrooms) that
will be demolished or converted to a use other than as low /moderate- income dwelling units as a
direct result of the assisted activities.
3. A time schedule for the commencement and completion of the demolition or conversion.
4. The location on a map and the number of dwelling units by size (number of bedrooms)
that will be provided as replacement dwelling units. If such data is not available at the time of the
general submission, the City of Hutchinson will identify the general location on an area map and
the approximate number of dwelling units by size and provide information identifying the specific
location and number of dwelling units by size as soon as it is available.
5. The source of funding and a time schedule for the provision of replacement dwelling
units.
6. The basis for concluding that each replacement dwelling unit will remain a lowimoderate
income dwelling unit for at least 10 years from the date of initial occupancy.
7. Information demonstrating that any proposed replacement of dwelling units (e.g., a
two - bedroom unit with two one - bedroom units) is consistent with the housing needs of low- and
moderate - income households in the jurisdiction.
A. The City of Hutchinson may request the Minnesota Department of Trade and
Economic Development to recommend that the U.S. Department of Housing and Urban
Development approve an exception to required replacement housing if there is an adequate local
supply of vacant low /moderate- income dwelling units in standard condition. Exceptions will be
reviewed on a case -by -case basis as described in 24 CFR, Part 570.488(c)(1)(B).
B. The City of Hutchinson will provide relocation assistance as described in CFR, Part
• 570.488(c)(2), to another use in connection with an assisted activity.
C. Consistent with the goals and objectives of activities assisted under the Act, the City
of Hutchinson will take the following steps to minimize the displacement of persons from their •
homes:
1. Planning utility shut -offs for times most convenient to residents and business owners.
2. Provide information and referral services to individuals who must temporarily leave
their homes or businesses.
3. Informing landlords of the need to minimize displacement and to inform tenants of
their intent to minimize displacement.
4. Requiring landlords to pay tenant out -of- pocket expenses for the period of time in
which a unit is not habitable.
D. Definitions for the purposes of this plan are as follows
A `low /moderate income dwelling unit" is a unit with a market rent, including utility
costs, that does not exceed the applicable fair market rent for existing housing and
moderate rehabilitation as established under the Section 8 Existing Housing Program.
A `Vacant livable dwelling unit" is a vacant unit that is in standard condition; or in
substandard condition, suitable for rehabilitation; or in dilapidated condition and
occupied less than a year from the date of the Grantee Agreement.
A "livable dwelling unit" is a unit that is in standard condition or has been raised to a
standard condition from a substandard condition, suitable for rehabilitation.
A "standard condition dwelling unit" is a well -built unit with adequate space for
persons living there. There are no major defects in the structure and only minor
maintenance is required. Such dwellings will have the following characteristics -
reliable roofs, sound wells and foundations, adequate and stable floors, walls and
ceilings, surfaces and wood works that are not seriously damaged nor have paint
deterioration, sound windows and doors, adequate heating, plumbing and electrical
systems which don't present safety hazards, adequate insulation for local climatic
conditions, and is in compliance with local building and housing codes.
A "substandard condition dwelling unit, suitable for rehabilitation" will show a lot of
deferred maintenance with permanent damage to structural items. Conditions
contributing to substandard dwelling, including but are not limited to sagging, cracked,
rotted, or leaking roofs, walls, foundations, ceilings, floors, doors, and windows,
deteriorated surfaces and woodwork, unreliable heating, plumbing, or electrical systems
which present safety hazards or inadequate insulation. The cost of rehabilitating the
unit to a standard condition should not exceed the market value of the dwelling.
• RESOLUTION OF ADOPTION OF RESIDENTIAL ANTIDISPLACEMENT
AND RELOCATION ASSISTANCE PLAN
Be it resolved that the City of Hutchinson hereby adopts the aforementioned Plan and all
the conditions/provisions contained within the Plan covering the City of Hutchinson.
I hereby certify that this resolution was adopted by the City Council of the City of
Hutchinson on
SIGNED:
Signature
Title
0
WITNESSED:
Signature
Date
Date Title
•
•
•
Grantee Summary Information Sheet
Small Cities Development Program
State of Minnesota
Trade & —
ECOII01111C
Develo pment
Bumnt 6 Co ®wry
Dnelopmm!
Grantee: C by of Hn +r•hi n , n n Grant Number:
All emntees must complete secuons 1 -6. Grantees whose projects will be administered in whole or to pan by other entities must
complete section 7,
I. PROJECT DIRECTOR
2. AUTHORIZED OFFICLALIEN"VIRONNIE:NTAL
CERTIFYING OFFICER
Jean Ward
Marlin Torgenson
HRA Executive Director
Tide
Ma or
W binsnn Housing F Redevelopment Author
reu.
1 H s S
o
m ass
Sae¢ Ad dfei.
Street
suer Adhev
Hutchinson MN 55350
Hutchinson MN 55350
aI. S Zyeom
3 234 -4235
cr state
320 587 -3072 Lpe
P!ROrc Arta Code \carper Ea m,u
Ph Area Cade �urtEer Eaunvan
Enter the name and address of Project Director. B Project Director
Enter the name and address of the individual designated as
is not an employee of the grantee, but is an employee of a separate
authorized official on the grantee's Resolution of Sponsorship.
implementing agency, please complete section 7.
This individual will also certify compliance with environmental
taws and regulations.
3. FINANCIAL. OFFICER
4. FH/EO OFFICER
Kenneth Merrill
Mary Chelin
.arts
Finance Director
N.
HRA Administrative Assistant
ld
City of Hu chi n
Tde
H utchinson R
Apn
e A ar
111 Hassan Street
111 Hassan Street
SI MGcs
Mitch i n son
$aec AddRa
Gry Sue Zp rode
320 234 -4207
City $zee 0 Catle
20 234 -4251
Ppaw<. Ana Code \um Eaevm
Ppoae: Nea Code Nurb Eaemm�
Enter the name and address of the Financial Officer.
Enter the time and address of the person designated as FHEO/CEO
Officer,
5. LABOR STANDARDS OFFICER
6. ENVIRONMENTAL COORDLNATOR
Bill Grasava e
1.ae
Title
C.O S nt
rWe
Cmi at Go.ernm�.
Mercy
1225 La Salle Ave
Sam AMrtss
Svm Addrea
Minna lis MN 55403
Cm sire zry cane
ct" we zp ctd
612 340 -9742
Plwrc: Arcs Cade \ EEavvwe
Plme. Arta Code NullC Fsewm
Enter the name and address of the person designated as Labor
Enter name and address of individual designated to coordintate the
Standards Officer,
Environmental Review.
See 0.e'r Side
: N ...aa ngvmeni or Tr aM P . [k.slagrerc
0
7. CSIPLENIEtiTr\G AGEVCS' iother than Grantee)
Hutchinson Hominct & Redevelopment Authori
IIT"Hassan Street
Hutc:rinson hIN 55350
3�;, -4251 zmCw
M. Ma code N.. E E.icnnw
Enter name and address of implementing agency if other than
grantee.
_•
1Rl ♦L�sw Depunmsn al Trade fed �x nc.ebpnes
ADMINISTRATIVE CONTRACT BY AND BETWEEN
CITY OF HUTCHINSON, MINNESOTA
AND
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF HUTCHINSON
THIS CONTRACT for Administrative Services is between the City of Hutchinson, MN
hereinafter referred to as the "City" and the Housing and Redevelopment Authority In and For the
City of Hutchinson, Minnesota, hereinafter referred to as the "HRA ".
WITNESSETH: In consideration of the mutual convenience and agreements contained herein, the
City and the HRA agree as follows:
I. The term of this contract is three (3) years commencing on March 10, 1997.
II. The HRA agrees to act as the administrative agent for the City of Hutchinson to implement
the City's Adams Street Neighborhood Housing Rehabilitation Program funded through the Small
Cities Development Program,
Ill. The HRA will receive financial reimbursement which includes general administrative and
program activity fees associated with the grant delivery functions from the City of Hutchinson's
Small Cities Development Program funds.
W. As the administering agent for the above described grant, the HRA agrees to perform all
tasks enumerated below in a manner which will meet or exceed the terms and conditions imposed
upon the City in the Small Cities Development Program Grant Agreement dated the 19th of
February, 1997, copies of which are attached as Exhibit A.
A. Citizen Participation. Comply with all State and Federal participation
requirements.
B. Compliance with Federal Regulations. Ensure that the following Federal acts or
regulations are complied with:
1. Title VI of the Civil Rights Act if 1964 (P. L. 88 -352) which provides that
no person in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving Federal financial
assistance.
2. Title VIII of the Civil Rights Act of 1968 (P.L. 90 -284), known as the
Fair Housing Act of 1968, which provides that it is the policy of the United States
to provide, within constitutional limitations, for fair housing throughout the United
States and prohibits any person from discrimination in the sale or rental of
housing, the financing of housing, or the provision of brokerage services, including
in any way making unavailable or denying a dwelling to any person because of
race, color, religion, sex or national origin.
E
y. — �,
3. Executive Order 11063, as amended by Executive Order 12259, which
prohibits discrimination because of race, color, religion (creed), sex, or national ,
origin in the sale, leasing, rental, or other disposition of residential property and
related facilities (including land to be developed for residential use) or in the use or
occupancy thereof, if such property and related facilities are among other things,
provided in whole or in part, with the aid of loans, advances, grants, or
contributions agreed to be made by the Federal Government.
4. Section 109 of the Housing and Community Development Act of 1974, as
amended, which provides that no person in the United States shall on the grounds
of race, color, national origin, or sex be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds provided under the Act. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of
1975 or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973 shall also apply to any such
program activity.
5. Title II of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and implementing regulations (24 CFR Part 42
and 24 CFR 570.602 (a)).
The National Environmental Policy Act of 1969.
7. Section 3 of the Housing and Urban Development Act of 1968 which
requires that to the greatest extent feasible, opportunities for tra and
employment be given to lower income persons residing within the unit of local
government in which project is located and that contracts for work in connection
with the project be awarded to eligible business concerns which are located in
owned in substantial part by persons residing within the unit of local government.
8. Title IV of the Lead -Based Paint Poisoning Prevention Act, as amended
(42 U.S.C. Section 4831).
9. All parts of Title I of the Housing and Community Development Act of
1974, as amended, which have not been cited previously as well as with other
applicable State and Federal funds under this part.
10. The Minnesota Government Practices Act, Chapter 11. including but not
limited to Section 13.31.
12. The regulations, reporting, and recwrdkeeping requirements as stated in
the "Program Manual' as supplements provided by the Grantor.
Grantee hereby assigns to the State of Minnesota any and all claims for
overcharges as to goods and/or services provided in connections with the contract
resulting form antitrust violations which arise under the antitrust laws of the State
.of Minnesota. •
C. Project Planning. Coordinate the preparation of plans, specifications, contacts,
budgets, and other agreements in a manner consistent with applicable State and
Federal laws and regulations for all project activities.
D. Implementation. The HRA will implement programs authorized under the Small
Cities Development Program Grant within the respective limitations of the grant
monies provided and/or in accordance with State and Federal requirements.
1. Rehabilitation Program: Develop program guidelines for housing
rehabilitation and implement them in accordance with Federal and State
Standards. This would include, but not be limiter], to determination of eligibility,
dwelling unit inspection, rehabilitation work write -up, assistance to property
owners in obtaining bids, inspections during construction, and certification of
completion for contractor payoff.
E. Coordination of Other Rehabilitation Programs within the Project Area. The HRA
will coordinate other applicable rehabilitation programs in the project area such as
the MHFA Deferred. Revolving and Accessibility, Home Improvement, HOME
Rental Rehabilitation and Energy Loan Programs; RD Section 504 Rehabilitation
Programs; Heartland Community Agency's Weatherization Programs; and
Hutchinson Utilities Commission's Energy Conservation Programs.
F. Compliance with Equal Opportunity Regulations. Ensure that compliance with
Section 3 of the Housing and Urban Development Act of 1968, Federal Equal
Employment Opportunity Act and Executive Orders, and Civil Rights Acts of
1964 is maintained. Also responsible for all Fair housing and Equal Opportunity
recordkeepmg requirements by the State of Minnesota.
G. Financial Recordkeeping and Control. Keep complete and accurate records of all
claims and disbursements in accordance with the following procedures:
The HRA will examine each claim and verify that the work has been done
and/or materials actually provided for the project.
2. Requisitions for the checks will be prepared by the HRA and submitted to
the City Finance Director for payment.
All checks will by issued by the City.
4. The HRA will submit a voucher and supporting documentation to the City
Finance Director for review who will obtain proper signatures and submit
requisitions to the State.
V. The City and the HRA mutually agree that a mortgage shall be executed in the name of the
City of Hutchinson as mortgagee for each loan of monies provided under the Small Cities
Development Program to individual property owners for rehabilitation purposes. IN regard to such
mortgages and assignments, the HRA shall prepare all documents and obtain all necessary
• signatures required for proper execution of such documents and file a secured interest with the
McLeod Countv Recorder's Office.
V1. For the purposes of this contract, the HRA shall be deemed an independent contractor and
not an employee of the City. Any and all employees of the HRA or other persons who engages in
the performance of any work or services required by the HRA under this contract, shall not be
considered employees of the City and any and all claims that may or might arise on behalf of said
employees or other persons as a consequence of any act or admission on the part of said employees
or the HRA shall in no way be the obligation or responsibility of the City.
VII The HRA will subcontract with Mid - Minnesota for Inspection Services and Mr. Bill
Grasavage for technical assistance and enviromental review services necessary for implementation
of the grant program.
VIII. The HRA specifically agrees to comply with the requirements of 24 CFR 135.20 and to
provide such copies of said regulations as may be necessary for the information of parties to
contracts as required to contain the Section III clause as set forth in 24 CFR 135.20.
IX. Any alteration, variation, modification, or waiver of the provisions of this contract shall be
valid only after it has been provided in writing, duly signed by both parties, and attached to the
original of this contract.
X. The waiver of any of the rights and/or remedies arising under the terms of this contract on
any on occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in
respect to any subsequent breach or default of the terms of this contract. The rights and remedies
provided or referred to under the terms of this agreement are cumulative and not mutuallv
exclusive.
XI. This contact shall constitute the entire agreement between the parties and shall supersede
all prior or written negotiations.
XII. The City shall have full access to all records relating to the performance of this agreement.
XIH. In performing the provisions of this contract, the HRA agrees to comply with all Federal,
State, or local laws and all applicable Hiles, regulations, or standards established by any agency of
such governmental units which are now or hereafter promulgated.
XFV. In consideration of the prompt and efficient carrying out of the above, the City agrees to
reimburse the HRA, dollar for dollar, for its administrative and project related costs in carrying out
the above activities up to an amount not to exceed the maximum allowable as specified by the State
of Minnesota, Department of Trade and Economic Development, Community Development
Division. During the term of the contract, said monies are to come solely from the General
Administration and Rehabilitation Administration funds totally available for the administration for
the City of Hutchinson's Small Cities Development Program Adams Street Neighborhood Housing
Rehabilitation Program. Accurate records of administrative costs shall be kept by the HRA and
billings shall be made at such times as are convenient to implement the City's requisition of funds
from the State of Minnesota. For the purposes of this contract, administrative and project related
costs are defined as follows:
A. Salary costs actually incurred by the HRA for time expended in all phases of the —•
Project.
B. Mileage, supplies, training, single audit act requirements, and publication costs.
C. Proportionate share of allowable overhead expenses figured on a time expanded
basis according to the HRA's approved indirect cost allocation upon adoption of such plan
by the HRA Board.
D. Costs incurred by the attendance at applicable Small Cities Development
conferences within the term of this contract, including registration fees and travel
expenses. Conference attending shall be for the purpose of gaining additional information
on community development and regulations and program implementation.
XV. Should any of the above provisions be subsequently determined by a court of competent
jurisdiction to be in violation of anv Federal or State law or to be otherwise invalid, both parties
agree that only those provisions so adjudged shall be invalid and that the remainder of this contract
shall remain in full force and effect.
XVI. ANTITRUST. Contractor (HRA) hereby assigns to the State of Minnesota any and all
claims for overcharges as to goods and/or services provided in connection with this contract
resulting form antitrust violations which arise under the antitrust laws of the United States and the
antitrust laws of the State of Minnesota.
XVII. The City reserves the right to terminate this contract if the HRA inexcusably fails to
perform any of the provisions hereof. Such termination shall occur thirty (30) days after receipt by
the HRA of written notice specifying the grounds thereof, unless, prior to that date, the HRA has
cured the alleged non - performance of the provisions of this contract.
IN WITNESS WHERE OF, the parties here to have caused this contract to be duly executed.
CITY OF HUTCHINSON HOUSING & REDEVELOPMENT
AUTHORITY IN & FOR THE
CITY OF HUTCHINSON, MN
BY BY:
MAYOR, CITY OF HUTCHINSON HRA CHAIRPERSON
ATTEST:
BY BY
CITY ADMINISTRATOR HRA EXECUTIVE DIRECTOR
\J
STATE OF MINNESOTA
• DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
BUSINESS AND COMMUNITY DEVELOPMENT DIVISION
Small Cities Development Program
Grant Agreement
CDAP -96- 0262- 0 -FY97
This Agreement is made on February 19, 1997 between the State of Minnesota acting through the Department of Trade and
Economic Development (hereinafter the Grantor) and the City of Hutchinson, I I 1 Hassan Street SE, Hutchinson, MN
55350 -2522 (hereinafter the Grantee).
The State's authorized agent and contact person responsible for administration of this contract is William Atkins (or
successor) of the Business and Community Development Division, of the Department of Trade and Economic
Development.
The Grantor has been allocated funds by the United States Department of Housing and Urban Development under the
Community Development Block Grant Program.
The Grantee has made application to the Grantor for a portion of the allocation for the purpose of conducting the project
entitled Hutchinson Housing Rehabilitation Project in the manner described in Grantee's "APPLICATION," which is
incorporated into this agreement by reference.
In consideration of mutual promises set forth below, the parties agree as follows:
The Grantor shall grant to the Grantee the total sum of FIVE HUNDRED SIXTY -SEVEN THOUSAND TWO
HUNDRED TEN AND 00 /100 DOLLARS (S567,210), which shall be federal funds appropriated to the State of Minnesota
under the Community Development Block Grant Program. The Grantee shall perform the activities that are proposed in
the application and further are specified under special conditions during the period from February 19, 1997 through March
31, 1999, in accordance with all applicable provisions of Title 1 of the Housing and Community Development Act of 1974,
as amended, its implementing regulations particularly federal statutes identified in Tide 24 of the Code of Federal
Regulations, Part 570, "Implementation Manual" provided by Grantor and all other applicable state and federal laws.
Grantee agrees to complete the project in accordance with the approved budget and within the time frames specified in the
application and agreement. Any material change in the scope of the project, the budget or the completion date must be
approved in writing by the Grantor.
Funds made available pursuant to this agreement shall be used only for expenses incurred in performing and accomplishing
such purposes and activities during the grant period described above. Notwithstanding all other provisions of this
agreement, it is understood that any reduction or termination of Housing and Urban Development funds provided to the
Grantor may result in a like reduction to the Grantee.
Where provisions of the Grantee's application are inconsistent with other provisions of this agreement, the other provisions
of this agreement shall take precedence over the provisions of the application.
•
r�'
GENERAL CONDITIONS
Accounting For all expenditures of funds made pursuant to this agreement, Grantee shall keep financial records, including •
invoices, contracts, receipts, vouchers, and other documents sufficient to evidence in proper detail the nature and propriety
of the expenditure. Accounting methods shall be in accordance with the Common Rule, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments, published in the Federal Register
on March 11, 1988, Volume 53, Number 48.
$Ming. Grantee shall submit reports to Grantor in accordance with the reporting requirements set forth in Minnesota
Rule 4300.3200. Grantee shall use the forms found in the Implementation Manual provided by the Grantor.
P,vm n ish ursem .nt Schedule Grantor shall disburse funds to the Grantee pursuant to this agreement, based upon a
payment request submitted by the Grantee and reviewed and approved by the Grantor. Payment requests shall be reviewed
and processed on a weekly basis. The amount of grant funds requested by the Grantee must be equal to the amount of
unpaid obligations minus any program income in the Grantee's possession at the time the payment request is submitted to
the Grantor.
Program Income When program income derived from SCDP funds exceeds $25,000 per report year, the entire amount
must be used only for DTED approved activities, be reduced from draws, or returned to the State of Minnesota.
Provision for Contracts and Suhcontracts Grantee shall include in any contract or subcontract, in addition to the
provisions to define a sound and complete agreement, such provisions as to assure contractor and subcontractor compliance
with applicable state and federal laws.
Affirmative Action A municipality that receives State money for any reason is encouraged to prepare and implement an
affirmative action plan for the employment of minority persons, women, and the disabled and submit the plan to the
Commissioner of Human Rights.
AntiinlSl. The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or
services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of
the United States and the antitrust laws of the State of Minnesota.
Termination If the Grantor finds that there has been a failure to comply with the provisions of this agreement, that
reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be
fulfilled, the Grantor may take action to protect the interests of the State of Minnesota, including the refusal to disburse
additional funds and requiring the return of all or part of the funds already disbursed.
Audit and Inspection The Grantee shall comply with the requirements of the Single Audit Act Amendments of 1996 (P.L.
104 -156).
Accounts and records related to the funds provided under this agreement shall be accessible to authorized representatives of
the Grantor for purposes of e and audit. In addition, Grantee will give the U.S. General Accounting Office, the
U.S. Department of Housing and Urban Development, State of Minnesota, Department of Trade and Economic
Development, the Legislative Auditor, and State Auditor's Office, through any authorized representatives, access to and the
right to examine all records, books, papers, and documents related to the grant.
Amendments. Any amendment to this agreement shall be in writing, and shall be executed by either the same persons who
2 •
executed the original agreement, their successors in office, or by those persons authorized by the Grantee through a formal
•solution of its governing body.
Other Provisions The Grantee shall comply with the Minnesota Government Data Practices Act, Chapter 13 and the
Conflict of Interest provisions of Minnesota Statutes Sections 471.87471.88.
Successors and Assignee . This agreement shall be binding upon any successors or assignees of the parties.
•
Grant Number: CDAP - 96-0262- 0-FY97
Project Title: Hutchinson Housing Rehabilitation Project •
SPE . AI_ ONDITIONS
1. The following activities, goals, and budget costs were revised from the application during the review process.
Modifications must be approved in writing by the Grantor:
Federal /OB
SCDP
Other
A ctivity p
Tole CMOs
Eunds
Euuds 1QM1
LMI /4b
Residential (Owner) Rehab. 39
$487,610
$157,294 $644,904
LMI/4b
Residential (Owner) Admin. 39
54,600
0 54,600
/13
General Admin.
25.000
5"000 30"000
TOTAL
$567,210 $162,294 $729,504
2. Grantee must maintain files documenting how each activity funded (except general administration), in whole or in
part, with SCDP funds, meets one of the three federal objectives. The documentation must be as complete as
possible and must be readily available to the Grantor throughout the life of the project.
3. The Grantee must maintain documentation that shows that professional services were procured in accordance with
"The Common Rule." Professional services not procured in this manner are grant ineligible.
4. Services obtained from units of government such as HRA, RDC, or nonprofit organizations do not have to be
procured by competitive negotiation, but contracts for these services must only be on a cost - reimbursement basis,
accounted for in accordance with "The Common Rule."
5. Exemption to incur administrative costs for this grant under the National Environmental Policy Act of 1969 is
hereby given. All other activities will require an environmental assessment as well as clearance of other conditions
as dictated by specific activities of this grant.
6. The Grantee must comply with Minnesota Statutes, Section 290.9705 by either:
A. Depositing with the State, eight percent of every payment made to non - Minnesota construction contractors,
where the contract exceeds $100,000; or
B. Receiving a waiver from this requirement from the Minnesota Department of Revenue.
The Grantee must not use SCDP funds to pay any person for influencing or attempting to influence an officer or
employee of a federal agency, a member of Congress, an officer or employee of Congress, or any employee of a
member of Congress in connection with the awarding of any federal contract, the malting of a federal grant, the
making of a federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If the
Grantee uses non - federal funds to conduct any of the aforementioned activities, the Grantee must complete and
submit Standard Form LLL, "Disclosure Form to Report Lobbying." Further the Grantee must include the
language of this provision in all contracts and subcontracts and all contractors and subcontractors must comply
accordingly.
8. Owner - occupied housing rehabilitation administration has been awarded at an average per unit cost of
•
$1400 for 39 units. If the number of rehabilitation units accomplished is less than the unit goal, there must be a
corresponding decrease in the rehabilitation administration cost.
The Grantee must provide a drug -free workplace by notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying
actions that will be taken against employees for violation of such prohibition. The Grantee must also establish a
drug -free workplace awareness program to inform employees about the dangers of drug abuse, the availability of
drug counseling and penalties for violations of the drug -free workplace policy.
10. The Grantee must adopt and enforce a policy to prohibit the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations (P.L. 101 -144,
Section 519).
11. The Grantee must adopt, make public and certify that it is following a "residential antidisplacement and relocation
assistance plan" in accordance with Section 104(d) of the Housing and Community Development Act of 1974, as
amended, including a displacement minimization policy.
12. Grantee must submit the Community FHEO Summary Sheet, the Grantee Summary Information Sheet (GSIS),
HUD Form 2880 (Disclosure) and a Fair Housing Plan of Action prior to undertaking grant activities.
13. Prior to beginning rehabilitation activities, Grantee must submit policies and procedures and forms to the Grantor
for approval for owner -occupied housing rehabilitation.
14. Prior to beginning rehabilitation activities, Grantee must submit inspection reports, work write -ups and cost
• estimates for the first residential owner rehabilitation project.
15. The Grantee must submit a copy of the administrative contract between the Grantee and implementing agency for
general administration and rehabilitation administration.
16. Grantee must submit a plan for the use of program income earned from the Residential Owner- Occupied
Rehabilitation Program.
conttnctl2phutchn.con
•
The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its terms through their
signatures entered below. •
=REF I have read and I agree to
all of the above provisions of this agreement.
•.. grj •`
0
The Honorebk Merlin Torgen n
z
F011111111111111F . . lumills
Date
ENCUMBERED:
STATE OF MINNESOTA by and through the Department of Trade and Economic Development
Department. of Trade and Economic Development.
0
0
� a• � �7iTriSif.�.3[i7:it:I
Date
Date Encumbered
[Individual signing certifies that funds have been
encumbered as required by Minnesota Statute 16A.]
contredf2phuthcn. con
Business and Community Development Application
Part II — Forms package
• Local Government Resolution (FP-21) ($CDP)
_API)hcantNatne: (ir of H, �hincon
RESOLUTION OF APPLICANT.
Applicants must adopt and submit the following MsohniOa This msdWOO must be
adapted prior to submission of the forum pMtdtag
BE IT RESOLVED that the City of Hutghi WM u legal for
Community DevelopMent Application to be submitted on P (s) �u1O0d is the Business and
r 4 of and that the M�vor
is hereby autborited to apply to the Department of Trade and Ec� rDevelo (71* e -v o�„tr
of theC�i t� f Hutchinson Pmeat for funding of this Project on behalf
BE [T FURTHER RESOLVED that the City of Hutchinson has legal authority w appl for financial asststaoce
and the institutional, managerial, and } .ra ri
B mancial capability to ensure adequate coosvuctioa, operation, maintenaO" and
replacement of the Proposed Project for its design life.
BE IT FURTHER RESOLVED that the City of Hutchinson
has not inctmed any coats, has not entered into any
wntwo agreements to purchase property.
BE IT FURTHER RESOLVED thm � City of Hutchinson W not viohued any FedmL State, or lOcal laws
• pertaining to d bribery, graft, kickbacks, ccllusioo, conflict of intareat or other Unlawful or
txrrupt Practice.
BE IT FURTHER RESOLVED thu upon approval Of its apP>ricauon by the wee, the Cit of Hutchinson
�er Trim m agreement with the State of Minnesota for the above- referto ed 10" tiny
certifies that it will comply with All M Project(s� Mo that the City of Hutchinson
ppbcabk laws Mad regulations as stated in an contraet sgreemems and described oO the
COZZIPLAZIM Section (FP -20) of the Business and Communury Development
Application.
NOW , THMUFOP BE IT RESOLVED that the � t ro� is hereby City
such agreements as are necessary to implement the pro*t(s) on behalf Of th Y a uthorized to execute
e aPPkUL
I C E1" Y THAT the above tenhrpm was adopted by the Ci t CMM i 1 of the C i t
of Hutchinson err s
ryp+tn..q on
M .ity Administrator 8/13 96
U
DRAFT 4 -4 -97
CITY OF HUTCHINSON. MINNESOTA
• HOMEOWNER HOUSING REHABILITATION PROGRAM
PROCEDURAL GUIDE
The City of Hutchinson through the rehabilitation program will provide assistance to eligible
applicants for the rehabilitation of properties utilizing Small Cities Development Program funds.
The methods of program distribution and eligibility criteria are incorporated in this procedural
guide. There will be no discrimination of persons in the administration of the SCDP funds. No
person or business will be denied services or not awarded a bid for project services due to their
race, color, religion, sex national origin, handicap or familial status.
The Hutchinson Housing and Redevelopment Authority, on behalf of the City of Hutchinson has
been appointed Project Administrator.
ELIGIBLE PROPERTIES
SCDP funds will be used to improve properties that meet the following criteria:
A. The property must be situated in the Adams Street Housing Rehabilitation Project Area.
The specific project boundaries are shown in Appendix A of this procedural Guide.
B. The property must be a homeowner occupied residential structure.
C. The property to be improved must be a permanent structure. If the property consists of a
mobile home, the mobile home must be permanently affixed to real property by means of a
foundation of pier footings and the real property must meet the ownership requirements as
listed below.
D. The property must be determined feasible for rehabilitation. No property that meets the
definition, herein, as dilapidated may be rehabilitated through SCDP funds.
E. The property to be rehabilitated must be considered suitable for rehab under local
definition. The definition of what the City considers to be rehabitable is shown below:
Rehabilitation is not remodeling. Remodeling is for convenience or cosmetic purposes.
Rehabilitation deals with, in order of priority:
(1) health issues and safety issues and
(2) energy conservation, as well as certain long -term preservation of structures such as
siding, roofs and foundations.
Certain types of rehabilitation can be viewed as lack of maintenance or deferred
maintenance. Other types of rehabilitation needs can be viewed as items that wear out or
• need replacements because of obsolescence.
Rehabitable Building:
A building is Rehabitable when it is structurally sound. To be rehabitable. a building
should be vertically plumb within three degrees and shall have no significant rot on the
majority of the floor joists, studs or rafters that are weight bearing. Foundations and
basement walls shall not be deteriorated to the extent or so out of alignment that they do
not adequately support the building and can not be corrected without complete
replacement.
Generally, if the improvement costs for a structure are 50% more than the County
Assessor's Office market value, the dwelling may be deemed not suitable for
rehabilitation. The City and the Housing and Redevelopment Authority, however, reserve
the right to provide rehabilitation assistance under certain circumstances where
improvements are in excess of 50 of market value. Such circumstances may include the
following:
• Additional costs to eliminate existing deficiencies that presently constitute an
immediate threat to household health and safety.
• Additional costs necessary to cover physical handicap accessibility improvements for
existing occupants.
0
It should be understood, however, in no event will the total rehabilitation costs necessary
to satisfactorily address the above circumstances(s) exceed 75% of the estimated market
value of the structure.
Examples of accessibility improvements could be the typical porch or back door, inside
improvements including access from living room to an upstairs bedroom and/or bathroom,
etc.
In addition to the aforementioned 75 °% restriction, the City /HRA would be placing the
following two restrictions as to the use of SCDP funds:
1. A cap or maximum rehabilitation cost for a single family home in the amount of
$30,000
2. The structure, of course, would have to be rehabitable and not fall into the category of
"dilapidated ". A dilapidated unit is beyond feasible repair. It is a substandard unit with
serious defects, a dilapidated unit fails to meet a majority of local standards and
rehabilitation is neither practical or economically feasible.
F. The property must be occupied by low /moderate income households as defined herein
upon completion of the improvements.
G. Property that is rehabilitated under this program will meet the Generally accepted
Community Standards inclusive of the Minnesota Energy Efficiency Standards.
• H. No property located within a floodplain will be rehabilitated under this program.
L No property may receive SCDP rehabilitation project funds if the property has real estate
taxes due and payable.
J. No property may receive SCDP rehabilitation project funds unless the building is insured.
ELIGIBLE 1WROVEMENTS
Improvements made with SCDP funds shall satisfy the following requirements:
A. Health and safety needs and concerns within the housing units to be rehabilitated will
always be considered the top priority for funding using SCDP funds.
B. Each improvement must be a permanent general improvement. Permanent general
improvements shall include alteration, renovation or repairs upon and in connection with
existing structures, which correct defects and deficiencies in the property affecting directly
the safety, habitability, energy consumption, or aesthetics of the property.
C. Upon completion of the improvements, the structure must comply with the Generally
accepted Community Standards. inclusive of the Minnesota Energy Efficiency Standards
appended thereto and existing HUD Section 8 Housing Quality Standards.
D. If the structure has been determined historically significant by the Minnesota Historical
Society, plans for exterior improvements to the structure must be reviewed and
commented on by the Minnesota Historical Society. Buildings participating in the
program and constructed prior to 1950 will be evaluated in accordance with the guidelines
received from the Minnesota Historical Society,
E. Each improvement must be made in compliance with all applicable health, fire prevention,
and building codes, provided, however, that no application shall be denied solely because
the improvement will not bring such property into full compliance with these codes.
F. No SCDP funds shall be used in whole or in part for the purpose of refinancing or paying
off an existing indebtedness. All such funds must be used to finance improvements begun
after application for such funds.
INELIGIBLE COSTS
The following list of items are examples of what can not be funded with SCDP funds as part of
the rehabilitation program. Ineligible improvements include, but are not limited to:
1. Air conditioning:
• • Central, new installation.
• Room air conditioning.
Landscaping.
3. Fireplaces.
4. New construction.
5. Wind generation devices.
6. Window/Door coverings: blinds, curtains, drapes, shades.
Z Out buildings, including sheds, utility buildings, bams, silos, new garages. etc.
S. Wood burning stoves.
9. Heat systems located outside the structure.
10. Recreational or entertainment facilities including swimming pools, tennis courts, saunas,
decks and patios.
11. Assessments for public improvements.
12. Improvements begun before the date of the program application.
13. Other items deemed not appropriate to the program.
ELIGIBLE RECIPIENTS
A. The recipients must individually or in the aggregate have at least (1.) a life estate or (2) a
one -third interest in the fee title or (3) a one -third interest as purchaser in a contract for
deed with respect to the structure to be improved.
B. All individuals having an ownership interest in such structure must join in the application.
In the event of a life estate, at least one -third of the said parties must join in the
application.
C. The housing rehabilitation program is designed to be of 100 percent benefit to households
of low to moderate incomes. This will be achieved by following the gross income limits as
set by the Department of Housing and Urban Development for the Section 8 Existing
Housing Program, The 1995 income limits as adjusted for family size are listed below.
These hmits shall be adjusted periodically upon HUD notification of income revisions.
Household
Household Income
1
$23.600
2
$26,950
3
$30,300
4
$33,700
5
$36,350
6
$39,050
7
$41,750
8
$44,450
D. Eligible recipients for housing rehab must have household incomes that do not exceed the
above HUD Section 8 income guidelines.
•
0
E. Income for the purpose of this rehabilitation program shall be defined as gross annual
income including salary, commissions, bonuses, interest, dividends, tips, capital gains or
sale of securities, annuities, pensions, rental property income (adjusted as allowed by the •
IRS), partnerships, estate or trust income, child support, alimony, social security, aid for
families with dependent children and miscellaneous income. Gross annual income from
self employment shall be deemed to be the net profit from said self employment, as
• declared by the applicant in Schedule C, F or E, Part III, as appropriate, of the United
States Internal Revenue Service Form 1040, or any other such schedule as may be
hereafter promulgated, but including all depreciation as income.
F. All income shall be verified in writing. The following examples listed below are
considered acceptable.
1. An income verification sheet that is signed by a third party at the source of income.
2. The previous two years tax returns shall be used for those applicants who are self -
employed or having variable incomes.
3. Signed third party verifications from banks, savings and loans, insurance
companies, etc.
G. There will be no asset limitation associated with the SCDP loans.
H. No member of the governing body of the locality and no official, employee or agent of the
local government or program administrator, who exercises policy, decision - making
functions or responsibilities in connection with the planning and implementation of the
Housing Rehabilitation Program shall directly or indirectly benefit from this program.
4 0 IMPROVEMENT PRIOR=S
The main and foremost improvement priority for this rehabilitation program is directed to the
health/safety of project residents. The priorities are as follows:
Priority No. 1
Health and safety improvements are the primary emphasis of the rehabilitation efforts
to be conducted in the project area. The improvements are risks to the occupants of a
household. As such, they are mandatory requirements. These improvements are as
follows in their sub - categorical ranking:
1. Fire detection/safe and obstructed egress
2. Electrical code violations
3. Surface impermeability to weather, water and rodents
4. Plumbing violations/deficiencies
5. Adequate and sanitary food preparation areas
6. Lead based paint abatement in a home built prior to 1978 with peeling or
chipping paint, both interior and exterior, of households with children
under the age of 6. (HUD 1996 Lead Based Paint Brochure, PIH 96 -2 will
be distributed to all households participating in the program).
7. Accessibility modifications for physically handicapped household
member(s).
Priority No. 2 •
Energy improvements are also a primary improvement to be conducted in conjunction
with health and safety improvements. Improvement priorities are based upon the
improvement's estimated energy cost savings per year that will be provided to the
household after rehab.
* 1.
Furnace replacement
2.
Attic insulation
3.
Wall insulation
4.
Storm doors
5.
Storm Windows
6.
Rim joist insulation
7.
Door /window weather - stripping
*Furnace replacement could, very well, be placed as a No. 1 Priority depending
upon the nature and severity of the existing defects. If it is deemed to be a threat to
health/safety of the housing occupants, it will receive a No. I Priority.
Priority No. 3
Basic housing quality components are secondary improvements to be conducted
after the health/safety and energy improvements are addressed. These improvements are
generally deferred maintenance items and major improvements which will need attention
to the immediate future, but which are functional at the present time. They include items
such as the following:
* 1. Roofing could be a No. 2 Priority depending upon the nature and severity
of the project.
2. Painting
J. Window replacement
PROJECT FUNDING
The City /HRA will not be approving applications from homeowners on a first come
first served basis Rather, the HRA will be approving applications based upon a RATING
SYSTEM which primarily focuses on HEALTH/SAFETY deficiencies associated with
owner - occupant single family homes.
Low to moderate income households just don't have the financial wherewithal to make
costly and permanent type improvements. Based upon the results of the Community
Development Survey as well as interest voiced by project area residents via telephone calls
and "walk -ins' to City Hall, there is no doubt that the demand for rehab funds will exceed
the availability of such funds. As a result, with the aforementioned three priorities in mind,
the Citv /HRA has established a RATING SYSTEM. The rating system is based upon a
• point scoring device which awards points determined by the number of "yes" responses
answered by the homeowner on health/safety questionnaire. The questionnaire has twelve
specific questions that will help homeowners to identify potential health/safety deficiencies
in their home. Each "yes" response will be awarded one point, therefore, each application
will be assigned a score of zero to twelve points. Applications will then be ranked first by
score, then by date and time of application. Those applications having scores of twelve
would be accepted for processing first, followed by ten, nine, etc., until SCDP funds are
exhausted. The following questions have been devised for ranking purposes:
1. Do you need additional smoke detectors per City code? (One in each sleeping
area, on each level and furnace room. If your furnace is in an unfinished basement,
only one detector is needed in the basement.) Does your home need safe and
unobstructed fire exists. All windows and doors should be operable and free from
any blockage. Windows in sleeping areas should be of size to allow a fully suited
fireman passage.
2. Do you have any knob and tube type wiring in your home?
3. Are you having trouble with your fuses blowing or is your electrical service under
100 amps and/or fuse serviced?
4. Do you need ground fault interrupter outlets? (Are required in all bathrooms,
within six feet of kitchen sinks, in laundry area and in outside outlets.
5. Is your roof leaking?
6. Do you have any leaking water or sewer pipes and is your plumbing property
vented?
7. Do you need to update/replace heating equipment so that it is free from cracks,
and capable of providing adequate heat to all rooms used for living?
8. Is your furnace properly vented to the chimney and is there a six inch fresh air
intake?
9. Is vour chimney in need of repair ? (i.e. cracking, obstructed or in need of a new
liner)
10. Is your foundation showing signs of deterioration resulting in substantial settling or
cracking?
11. Do you have children age six or under in the household, and is there evidence of
interior or exterior chipped or peeling paint that may be lead based (Painting done
prior to 1978). See enclosed lead based paint brochure for additional information.
12. Do modifications need to be made to your home for accessibility that will increase
the ability of a physically handicapped person to function in the home setting?
When applicant homeowners have been selected on the basis of the aforementioned RATING
SYSTEM, the following levels of funding assistance will be utilized by the HRA:
LEVEL NO. 1 - VERY LOW INCOME - 50% of Median Area Income or Less
100% Deferred SCDP Loan - Forgiven after 10 years. as long as home remains
principal residence of the recipient.
LEVEL NO, 2 - LOW INCOME - 50% - 65% of Median Area Income
80% Deferred SCDP` Loan 10 Year Term - 20% Owner Match*
LEVEL NO, 3 - LOW INCOME - 65% - 80% of Median Area Income
70 Deferred SCDP Loan 10 Year Term - 30% Owner Match*
Pertaining to all three levels, if recipient sells or vacates the home the repayment
terms are as follows:
0 - I Years
100% Repayment
1 - 2 Years
90% Repayment
2 - 3 Years
80% Repayment
3 - 4 Years
70% Repayment
4 - 5 Years
60% Repayment
5 - 6 Years
50% Repayment
6 - 7 Years
40% Repayment
7 - 8 Years
30% Repayment
8 - 9 Years
20% Repayment
9 - 10 Years
10% Repayment
10 Years
Forgiven
* If applicant cannot obtain owner match, the HRA Board reserves the right to determine if
the applicant may receive a 100% SCDP loan. The applicant will have to provide proof of not
being able to obtain an owner match.
HUD Section 8 Guidelines will be used to determine the LMI Status of the program
applicants as follows (Income cannot exceed figure under each level according to family size):
Family Size
Level No. l
Level No 2
Level No. 3
1
$14,750
$19,175
$23,600
2
$16,850
$21,900
$26,950
3
518,950
$24,625
$30,300
4
$21,050
$27,375
$33,700
5
$22,750
$29,550
$36,350
6
$24,400
$31,725
$39,050
7
$26,100
$33,925
$41,750
8+
$27,800
$36,125
$44,450
Non -SCDP financing shall be funds or financing received from private lenders,
weatherization programs, MHFA rehabilitation loan program funds, community action
agency funds, RD grant/loan funds, MHFA energy loan funds or any combination of these
and other sources of financing or funding. The use of Non -SCDP financing will help
promote cost effective use of SCDP funds.
r
Coordination of available "Program Funds" will be done by the HRA
•
2. The decision as to which Non -SCDP funds may be available, will be based on each
applicant's individual financial situation and the requirements of the Non -SCDP
funding source.
The owner must agree to have all Non -SCDP funds for the rehabilitation work
deposited in an escrow account controlled by the project administrator for disbursements
to the contractor when the work is satisfactorily completed. Withdrawals can be made
only upon written authorization from both the property owner and the Project
Administrator.
REPAYMENT OF SCDP FUNDS
0
A. There shall be no penalties imposed by the City of Hutchinson for prepayment of either a
Rehabilitation Loan or a Deferred loan/grant.
B. SCDP Deferred Loan/Grants shall be secured by a repayment agreement.
C. In the case of the deferred loan/grant, all persons who signed the application for a deferred
toan/grant must enter into an agreement with the City of Hutchinson for repayment of the
loan/grant. The agreement shall provide that:
In the event that the improved property is sold, transferred or otherwise conveyed within
ten years from the date upon which the application was approved, the recipient shall repay
all or a portion of such SCDP deferred loan/grant in accordance with the schedule below:
1. Level No. I - Very Low Income - 100% Deferred
Level No. 2 - Low Income - 80% Deferred - 20 1 /6 Owner Match - Prorated
Level No. 3 - Low Income - 70% Deferred - 30% Owner Match - Prorated
If recipient sells or vacates the home the repayment terms are as follows:
•
0 - 1 Years
100% Repayment
1 - 2 Years
90% Repayment
2 - 3 Years
80% Repayment
3 - 4 Years
70% Repayment
4 - 5 Years
60% Repayment
5 - 6 Years
6 - 7 Years
7 - 8 Years
8 - 9 Years
9 - 10 Years
10 Years
50% Repayment
40% Repayment
30 1 /6 Repayment
20% Repayment
10% Repayment
Forgiven
2. That deferred loan/grant funds due upon sale of the property prior to the official
close -out of the grant shall be paid directly to City of Hutchinson_ to be used for
further rehabilitation projects and shall be deducted from the draw down requests
as required by DTED. —
3. That deferred loan/grant fiords due upon sale of property after the official close-
out of the grant shall be paid directly to the City of Hutchinson. •
4. The repayment agreement shall be subordinate to funds provided by private
lending institutions.
5. The repayment agreement shall be subordinate to SCDP rehabilitation loans.
6. That if the SCDP funds are used for purposes other than an eligible improvement
upon an eligible property, or if the application is found to contain a material
misstatement of fact, then the recipient of the deferred loan/grant shall be liable for
100 percent repayment of the deferred loan/grant.
7. That the recipient of a deferred loan/grant shall be required to notify the City of
Hutchinson immediately upon the sale, transfer or conveyance of the improved
property.
8. That if the recipient would change residence and the improved property would
become rental property, then:
a. The recipient would be obligated to pay the deferred loan/grant in full at
that time, or
b. The balance of the deferred loan/grant would then be considered as
rehabilitation loan monies and a zero percent interest rate would then be
applied to the entire amount of the new rehabilitation loan balance. The
maturity date of original rehabilitation loan would remain the same. This
will only be allowed if the tenant meets LMI qualifications.
D. SCDP loans shall be secured by a mortgage.
E. In the case of SCDP rehabilitation loan, the mortgage shall provide that:
1. In the event that the improved property is sold, transferred or otherwise conveyed
within 10 years from the date upon which the application was approved, the
recipient shall repay the remaining balance due as indicated by the loan term and
repayment agreement.
2. In the event that the property ceases to be the recipient's principal place of
residence and the improved property would become rental property, then:
a. The recipient would be obligated to repay the rehabilitation loan in full at
that time, or
b. The balance of the rehabilitation loan would be subject to a zero percent _
interest rate which would be added to the recipient's monthly payments. •
The maturity date of original rehabilitation loan would remain the same.
This will only be allowed if the tenant meets the LMI requirements.
• 3. That rehabilitation loan payments made prior to the official close -out of the grant
program shall be paid directly to the City of Hutchinson, to be used for further
rehabilitation projects and shall be deducted from the draw down requests as
required by DIED.
4. That rehabilitation loan payments made after the official closeout of the grant
program shall be paid directly to the City of Hutchinson.
5. That if SCDP funds are used for purposes other than an eligible improvement upon
an eligible property, or if the application is found to contain a material
misstatement of fact, then the recipient of the rehabilitation loan shall be liable for
100 percent repayment of the rehabilitation loan.
6. That the recipient of a rehabilitation loan shall be required to notify the City of
Hutchinson upon the sale, transfer or conveyance of the improved property.
MARKETING
A. The program administrator, on behalf of the City of Hutchinson, will conduct outreach in
the targeted area and will solicit applications for the Adams Street Neighborhood Housing
is Rehabilitation Program utilizing the below listed methods as necessary and/or appropriate:
1. Issue press releases advertising community meetings on SCDP grant application
both to local print and broadcast media.
2. Make direct mailing of program information to the homeowners in the target area,
if necessary, to generate additional applicants.
3. Develop brochures and send them out in the billing statements of the local utility
vendors.
4. Develop posters and post them in prominent areas in the community as well as
distribution of brochures at commodity distribution sites.
APPLICATION AND APPLICATION SELECTION
A. Initial applications will be received over a 60 day period starting April 16, 1997.
Applicants will be selected upon the eligibility guidelines as previously defined in this
procedural guide.
C. To facilitate the application and verification process for any firm applicant, the SCDP will
accept documentation and verification forms from other agencies working with the same
• applicant. Other agencies at this time are:
L M FA
2. Heartland
3. Rural Development
INSPECTION OF PROPERTY
A.
Once an applicant has been determined eligible for SCDP funds:
Property inspection will be conducted by the HRA Housing Inspector.
2. The Housing Inspector will determine the work necessary to bring the property
into compliance with:
a. Generally Accepted Community Standards
b. Minnesota Energy Efficiency Standards as is practical
C. Other standards as required by the Grant Agreement
3. The Housing Inspector will then prepare a Scope of Work (work write -up) that
will rectify violations to the housing standards, and local codes. Any ineligible cost
that is done during the rehabilitation process shall be paid for by the owner, over
and above what the SCDP funds are being used for. The Scope of Work shall
contain the following:
a. Instructions to the bidder
b. Bid proposal
C. Program warranties
d. General conditions
e. Special conditions
f. Diagrams and layouts as appropriate or needed
CITY REVIEW PROCEDURES
A. Each individual rehabilitation project will be presented to the HRA Loan Review
Committee or designee for approval after eligibility requirements have been investigated.
the property has been inspected and work write -ups have been completed and, if
necessary, outside financing secured. The HRA Loan Review Committee or designee will
be presented with a Project Presentation Form that will discuss the project, but not divulge
any information that would violate privacy requirements. The Project Presentation Form
is attached to the back of the procedural guide.
•
13 After approval by the HRA Loan Review Committee or designee, the project proceeds
with the bidding process as described herein. If the project fails to meet an eligibility
• requirement or is not approved by the HRA Loan Review Committee, the applicant shall
be informed in writing by the Grant Administrator within ten working days and shall be
informed by the appeal process.
C. The City Council may authorize the Mayor to sign the Project Presentation Forms.
ELIGIBLE CONTRACTORS AND BIDDING PROCEDURES
A. All contractors participating in the Small Cities Development Program must have on file at
the HRA office, a contractor's application and must be licensed by the state. The
contractor will be responsible for securing insurance of the amounts specified on the
application form.
B. The contract is between the applicant and the contractor. The applicant will be provided a
list of the HRA approved contractors to choose from. However, an applicant is free to
choose any contractor whom the applicant may desire.
C. In order for a contractor who is not approved by the BRA to be awarded a contract, the
contractor must furnish the HRA a Certificate of Insurance, Contractor's License Number
and must complete a contractor application. Upon doing so, the contractor may be
awarded a contract.
• D. Contractors will be allowed to bid on any and all rehabilitation projects. However, no
single contractor will be allowed to work on more than three rehabilitation projects at one
time.
E. The contract shall be awarded to the lowest base bid unless one of the following
circumstances occurs:
The bid is determined to be unrealistically low by the HRA and the contractor
agrees to withdraw the bid.
2. The contractor has failed to follow the procedures as outlined in the instructions to
the bidders.
3. The homeowner does not want the low contractor to perform the work and agrees
to pay the difference between the lowest bid and the preferred contractor's bid.
4. There appears to have been collusion between two or more contractors in which
case all bids under question will be thrown out and different contractors solicited
for bids.
5. The contractor fails to bid according to the specifications and it proves impossible
• to compare that contractor's bid with the other contractor bids.
E.
F.
G.
H.
A mortgage shall be placed on the property for the full amount of the SCDP dollars spent
on the project. •
The property owner shall be responsible for paying the recording fee of the mortgage.
Closing will then take place with the property owner and other appropriate parties to the
closing.
The HRA will then be notified of the closing and the HRA will then issue a Notice to
proceed to the accepted contractor(s).
CONTRACT PERFORMANCE
ON
The Notice to Proceed allows the contractor 90 days to complete the contract except
under the following conditions:
The work is weather dependent and weather conditions have not allowed the
completion of the work.
13
C.
2. The Notice to Proceed is issued too late in the building season to allow weather
dependent work to be completed on time.
3. The homeowner preferred contractor is too heavily committed to perform the
work within the allotted time and informs the homeowner and the HRA that he/she
is to heavily committed and a work schedule is established which is acceptable to
the homeowner, the HRA and the contractor.
4. Unforeseen difficulties develop with the approved work and force a delay.
Interim inspections will be performed by the HRA to monitor work progress and quality of
workmanship.
Change orders to the contract:
Require the signatures of the:
a. Homeowner
b. Contractor
C. HRA Housing Coordinator, and
d. The Grant Administrator
2. Will be allowed only for the following reasons: —•
F. A minim of two bids shall be solicited for each improvement project. Bidding shall be
done on a general contractor basis, unless under certain cases, it will be a significant cost
• benefit to the homeowner to bid out the individual projects separately. This decision will
be made by the HRA Rehabilitation Specialist
G. The HRA will periodically do press releases about the project to encourage contractor
participation. Encouragement of women and minority -owned business to participate will
be included in the press releases.
H. All portions of the work must be performed by a contractor.
BED SUMMATION AND FINANCIAL PACKAGING
A. Bids will then be presented to the property owner.
B. Upon acceptance of a bid by an applicant, the HRA will- working with the property
owner, package the project according to:
I . Eligibility of the property owner
2. Availability of Non -SCDP program funds
is 3. Other available funds, and
4. The appropriate level of SCDP funding
C. The loan package shall include:
1. The applicant's household composition
2. Applicant's gross income
3. Estimated market value of the property
4. Property location
5. Applicant's equity in the property
6. Proposed rehabilitation activities
7. SCDP funding requested
8. Other funding to be used in the project
• D. The necessary repayment agreements, mortgage and other legal necessary documentation
are prepared by the Grant Administrator.
a. To rectify hidden deficiencies that are discovered once the work has begun
b. To change a specification due to unforeseen difficulties arising after the •
work has begun
C. To address a deficiency that was inadvertently dropped from the project
during project packaging
D. If a dispute arises between a property owner and a contractor, the HRA housing
coordinator will attempt to find a means of resolving the dispute. If a solution cannot be
found, either party may then appeal the Housing Rehabilitation Committee and the Grant
Administrator - Their decision will be final.
E. A contractor's contract may be terminated by the HRA Housing Coordinator and the
Grant Administrator for any of the following reasons:
1. Poor work performance on the job site and the demonstrated inability to rectify the
poor workmanship. The cost of repairing poor workmanship the higher costs of
awarding the bid to the next lowest bidder shall be deducted from any amount
owed to the initial contractor for work completed. If the amount owed is
insufficient to cover the costs incurred, the Grant Administrator will assist the
property owner, if necessary, in court to recover damages.
2. Causing undue damages to a homeowner's property and the inability or •
unwillingness to correct the damages. The cost of repairing the damages will be
deducted from any money owed the contractor for work already completed. If the
amount owed is insufficient to cover the costs of the damages, the Grant
Administrator will assist the property owner, if necessary, in court to recover
damages.
3. The contractor lacks sufficient insurance coverage.
4. The inability of the contractor to perform the work within the allotted time.
5. Unreconcilable and unreasonable differences between the contractor and the
property owner.
6. The contractor requests to be removed from the contract. There will be no penalty
associated with this request as long as the request is made within 30 days of
receiving the Notice to Proceed.
7. Contractors who are removed from a contract shall be removed from the approved
contractor's list and shall be prohibited from being awarded any contracts with this
program until such time as the problem has been corrected and HRA might
reinstate their approved status.
C ,
J
PAYMENT
• A. All contractors will agree to the payment schedule contained within the contractor's
application which is as follows:
L No pre - payments are allowed for any reason.
2. Partial payments are not allowable for any work not yet completed and will be
limited to 50 percent of the total due on the completed portions of the project.
3. Payments will be made only after the work is completed according to the
specifications contained within the Scope of Work and meets with the approval of
the applicant and the HRA after inspection.
4. Payments will be made only upon presentation of the following documents:
a. Billing statement
b. Lien waiver
C. Sworn contractor's statement
d. Completion Certificate
PROJECT FILES
A. The Program Administrator shall maintain files on each applicant throughout the duration
of the project. Those files shall include the following:
Section A - File Checklist
Homeowner Application
2. Property Presentation Form/Approved by Rehab Committee
3. Replacement Cost Worksheet
4_ Eligibility Verification
5. Income Verification Form
a. Employment Verification
b. Second Employment Verification
C. self - employment Income
d. Bank Verification
• e. UUGeneral Assistance
f. AFDC Grant Verification
Social Security Verification
h. Pensionilketirement Verification
6. Historical Society Clearance •
7. Property Tax Verification
S. Title Verification Form
9_ Property Insurance Verification
10. Lead Based Paint Receipt/Photo Release Form
11. Privacy Act Release Form
12. Property Owner Conditions
13. Property Inspection Completed
14. Heartland Pre - application
15. Heartland Income Eligible/Not Eligible
Section B - File Checklist
1. Change Orders (if applicable)
2. Specifications for Rehabilitation (Notice to Bid)
3. Notice to Proceed
4. Contractor /Property Owner Agreement/Property Owner Conditions
5. Certificate of Contractor Insurance
6. Contractor Award Notice
7. Contractor Non -Award Notice
8. Proposal Form/Bid Specification
9. Copies of Proposals Received
10. Bid Tabulation
Section C - File Checklist
L SCDP Deferred Loan Repayment Agreement/Note •
2. SCDP Mortgage
3. Work Program (if applicable)
4. Documentation of Non -SCDP Finances (if applicable)
Section D - File Checklist
L Drawdown Form/Lien Waiver
2. Improvement Certificate
Section E - File Checklist
1. Owner Evaluation
2. Completion Certificate
B. Copies of forms as appropriate are appended.
C. HRA at its option, may accept documentation and verification from other agencies
working with the same applicant. Other agencies at this time are:
I. NIHFA
2. Heartland
3. Rural Development
APPEALS
A. If an applicandpropertv owner's application is denied for any reason or is dissatisfied with
the level of assistance received, the following procedure is to allow for a standardized
appeal/complaint process for all applicants of the Small Cities Development Program.
B. In the event of denial or a complaint, the applicant/complaint:
Will be informed of the appeal process
2. Will be given a copy of the appeal process
3. Will be given a written notice clearly stating under what condition that the
application was denied or that the level of assistance was reduced
C- The applicant who wishes to appeal the initial response /review of the Housing
Rehabilitation Committee must submit that appeal within 30 days of the initial response.
That appeal must state:
40 1 The reason(s) for the appeal
1 Information that the applicant believes is pertinent to the appeal
E.
F
All appeals should be mailed to the address of the Grant Administrator.
The Grant Administrator shall be designated by the Project Director to review all written
appeals with the Housing Rehabilitation Committee.
The Grant Administrator shall respond to the applicant in writing within 15 working days:
1. The results of the review
2. An explanation of the findings
3. The next step the applicant can take if not satisfied with the response
G. If the applicant is denied assistance by the Housing Rehabilitation Committee after a
second review, the applicant may then request to appear before the City Council and make
a final appeal
H. The City Council will respond to the applicant in writing within ten working days of
making its decision.
GENERAL CONDITIONS
A No project may be started until:
1. Grant dollars are made available
2. The program is officially up and running
3. The application process has been approved
4. HRA has issued a Notice to Proceed
B. Any work done on a project prior to these steps will mean that part of the project is
ineligible for funding.
C. The proceeds received from the repayment of Rehabilitation loans originated SCDP funds
will go toward establishing a revolving loan fund to provide funds for rehabilitation
projects on an ongoing basis.
AMENDMENTS
•
0
A. These procedural guidelines may be amended in whole or in part or supplemented by the
Housing Rehabilitation Committee as deemed appropriate and /or needed and will be is on the date of issue, and as long as DTED gives its approval.
C
MEMO
To: Mayor and City Council
From: Doug Meier, Maintenance Operations Supervisor
Subject: Recommendation to Purchase one (1) New, 55 foot, Hydraulically controlled, Aerial
Device with attachments to be mounted on City supplied Truck Chassis.
Date: April 15, 1997
On March 11, 1997, the City of Hutchinson advertised for bids the purchase of one (1) new, 55
foot, hydraulically controlled aerial device with attachments. Specifications were sent to the
following manufacturers: Dueco, Inc., ABM Equipment, Truck Utilities, and Reach Equipment.
The results of the bid opening are as indicated below:
Dueco
Dalum's Utility Equipment
P.O. Box 1090
1901 14th Avenue NW
Watertown, SD 57201
Total Price Bid $67,288.00
Less Trade -In - 15,000.00
Net Price $52,288.00
ABM Equipment (Hopkins, MN) No Bid
Truck Utilities (St. Paul, MN) No Bid
Reach Equipment (Bloomington, MN) No Bid
My recommendation is to award Dueco, Inc. out of Watertown, SD, the contract to supply the
aerial device with attachments as per specifications, and to mount the unit on a truck chassis
supplied by the City of Hutchinson, for a net bid of $52,288.00 after trade -in of the City unit -a
1978 truck mounted aerial device. I am also recommending the trade -in of the City owned unit at
this time.
The combined cost of the truck chassis and aerial device mounted on the truck is $77,688.85 plus
tax. The replacement of this unit was included in the 1997 Budget.
• City Center Parks & Recreation
Police Services
111 Hassan Street SE 900 Harrington Street SW
10 Franklin Street SW
Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097
Hutchinson, MN 55350.2464
(320) 587 -5151 (320) 587 -2975
(320) 587 -2242
Fax (320) 234.4240 Fax (310) 134 -4240 //
Fax (320) 587 -6417
- Printed on recycled paper -
C
MEMO
To: Mayor and City Council
From: Doug Meier, Maintenance Operations Supervisor
Subject: Recommendation to Purchase One (1) New 1998 Ford Truck Chassis
Date: April 15, 1997
I am recommending that the City of Hutchinson purchase from Boyer Ford Truck Inc.,
Minneapolis, MN, one (1) new 1998 Model F -700 Ford Truck Chassis. The purchase of this
vehicle would be in accordance with the State of Minnesota Cooperative Purchasing Venture
(CPV) Program.
Terms of the contract permit municipalities to "tag -on" to State or County contracts and eliminate
the need for the bidding process. The best reason is to take advantage of volume buying, thereby
saving a substantial amount of money.
I am recommending that the City of Hutchinson purchase the 1998 Ford cab and chassis from
Boyer Ford for a price of $25,400.85. The vehicle listed for $36,623.00 (customer discount of
$11,222.15).
The replacement of this vehicle was included in the 1997 Budget.
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(320) 587 -5151
Fax (320) 234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(320) 587 -2975
Fax (320) 234.4240
Police Services
10 Franklin Street SW
Hutchinson, MN 55350.2464
(320) 587 -2242
Fax (320) 587 -6427
Printed on recycled paper -
4 dolh, Hutch inson Area Health Care
rf* Hutchinson Communitv Hospital
Burns Manor Nursing Home • Dassel.wedicalCenter • WinstedFamilyPracticeClinic
•�
1095 Highway 15 South Hutchinson, MN 55350 (320) 234 -5000
April 16, 1997 dFR 2 1 199
)F HUTCHi e)N
The Honorable Mayor Marlin Torgerson and
Members of the City Council
Hutchinson City Center
111 Hassan Street South
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 April 15, 1997, considered a capital expenditure request from staff. The
following is an excerpt from the minutes of that meeting.
"Mental Health Roofing Proiect. The board reviewed the results of a recent
bidding process for the Mental Health roof - (see attached). The roof over
Inpatient Mental Health has been leaking for several years. Attempts have been
• made to find and patch the leaks with minimal success. Last year alone we spent
$4,250 on roof repairs and an undetermined amount for ceiling repairs and
replacement. The existing roof (25 - 30 years old) has fulfilled it's life
expectancy.
We completed the bidding process, and received three bids. They are as follows:
Laraway Roofing had a bid of $43.367, Schwickert Roofing had a bid of $42,900,
and Granite City Roofing, a bid of $38,400.
Following discussion, motion was made by Erickson, seconded by Mills to
recommend to the City Council the award of the bid to Granite City Roofing in the
amount of $38,400. All were in favor. Motion carried."
Thank you, in advance, for your consideration of this request. Don Erickson will be able to
answer any questions you might have.
Sincerely,
AREA HEALTH CARE
•
President
/cs
APP 0,s 1 a97
HUTCHINSON AREA HEALTH CARE
•
April 7, 1997
10: Robyn Erickson
FROM Gib Lehman (
1PMHU Roof
The roof over Inpatient Mental Health has been leaking for several years. Attempts have been
made to find and Patch the leaks with minimal success. Last year alone we spent $4,250 on
roof repairs and an undetermined amount for ceiling repairs and replacement.
The existing roof (25 -30 years old) has fulfilled it's life expectancy. With that in mind I submitted
a cost estimate for review several months ago. Subsequently I was authorized to prepare
appropriate bid documents and follow through on the bid process.
On March 27, 1997 bids were opened publicly in Conference Room F for complete removal and
replacement of the existing roof system.
•The new system will increase the insulation R value from 2.0 to 20.0 with a .045" thick rubber
membrane with ballast over. The new membrane will run continuously up and over the roof
edge parapet, whereas the existing did not. Certain areas of the parapet flashing will be new
and the vertical copper clad Flashing will be reused.
With completion of this project, the only original roof systems remaining would be over the
emergency generator garage and the stairwell from the former Medical Center (north of Same
Day Surgery).
Attached is a copy of the bid tabulation sheet, which I have reviewed. It is my recommendation
that we offer the contract to the low bidder, Granite City Roofing of St. Cloud, MN (with a start
date of 45 days from Notice to Proceed). The other bidders were 90 and 120 days.
Please advise of the decision so that I may proceed accordingly.
GJUjc
enc: 1
cc: Phil Graves, President
•
9—/�'
0 0
HUTCHINSON AREA HEALTH CARE
MENTAL HEALTH ROOF REPAIR
BID OPENING DATE: March 27, 1997 - 2:05 PM
NAME OF BIDDER
BID BOND
BASE BID
OPTION
TOTAL
Unit price roof
5% of the
$43,367.
insulation - $1.10 sq ft.
Lara,ay Roofing
amount of the
roof drains $610Jea
bid
Unit price roof
5% of the
$38,400.
insulation $.90 sq.ft.
Granite City Roofing
amount of the
roof drains $650. /ea
bid
Unit price roof
5% of the
$42,900.
insulation $1.10 per 1"
Sch. ;ickert Roofing
amount of the
thick
base bid
roof drains $500. /ea
May's Roofing
N/A
BIDS OPENED BY:
DATE:
Phil Graves, Gib Lehman. Cor6nne Schlueter
March 27, 1997 - 2:05 PM
ADM:\,H; \SIDS \BIDTABR00F.doc
AMERICAN LEGION
HUTCHINSON POST NO. 96
• Hutchinson, Minnesota 55350
0 V
Home of Company B 135th Infantry
January 10, 1997
Hutchinson Mayor and City Council
city Center
Hutchinson, MN 55350
Dear Mayor and City Council Members:
APR 2 11997
C!' `. JPHUfCHi.;c30N
The following organizations associated with The American Legion
Post 96, Hutchinson, MN respectfully request that the City of
Hutchinson consider a name change for 3rd Ave S. E. to Legion Lane
for the one block in front of the Post. This would only result in
probably two address changes for the postal department and would
greatly honor these organizations so active in the community.
• sincerely,
M Post 96
e, Apxil�ary President, Post 96
Chef de Gare, voiture 414, 40 & 8
C hapeau, voiture 414, 8 & 40
va..7 u �
Dan Rueckert, Commander, sons of the American Legion
I N T E R
MEMO
O F F I C E
Date: April 22, 1997
To: Mayor & Council
From: Gary D. Plotz, City Administrator
J •_ • 1• •�
JRII • ; y • • I W
•
At the request of Marlin, I visited with Jim Miller, Executive Director of the League of MN Cities.
The League wants to do something for the flooded cities, and they had a brainstorming session of
their own yesterday. Subsequently, I called and offered the Mayor's suggestions.
Jim Miller said that establishing a League administered fund was very feasible, and the League
would be happy to kick it off, with Hutchinson making the first donation. He would see that
Hutchinson got credit for coming up with the idea.
•
�—
QPEN -HOLD COUNCIL REPORT TUE, APR 22, 1997, 12:26
PM
page 1
----------------------
1980 TIDS
---------- -------- ------ - -----
HUTCHINSON UTILITIES
------------------ - -____
MARCH GAS & ELEC
$24.32
--- _____ --
LEONARD G.
MAY PAYMENT
$812.76
• JOHNSON,
< *'
$837.08*
CENTRAL GARAGE
BRANDON TIRE CO
DISPOSAL, MOUNT /DISMNT, SAL
$63.20
CARQUEST AUTO PARTS
STARTER
$98.29
CITY OF HUTCHINSON
APRIL MEDICAL
$432.09
FORTIS BENEFITS
APRIL LTD
$20.36
HOLT MOTORS INC
END ASSY
$104.58
JACK'S UNIFORMS & EQUIPMENT
MACHINERY & EQUIPMENT
$656.72
JERRYS TRANSMISSION
SERVICE CALL, REPAIRS, MILEAGE
$183.00
MEIER, DOUG
REIMB -MEALS
$33.97
MID CON SYSTEMS INC
GREASE PUMP, MECH FRIEND +
$105.89
MN MUTUAL LIFE
APRIL LIFE
$7.14
MTI DIST.CO
HALAGEN HEADLITE
$61.37
NO STATES SUPPLY INC
NUTS, BOLTS, ETC
$141.91
SCHMELING OIL CO
BULK OIL
$1,563.42
<*>
$3,471.94*
GENERAL FUND
A -1 BIKE SHOP
REPAIRS MADE TO BIKE
$150.96
ALLIED MECH.SYSTEMS
LABOR, MATERIALS
$304.40
AM.PUBLIC WORKS ASSN
ADVERTISEMENT
$100.00
AMERICAN RED CROSS
AQUA FITNESS VIDEO & BOOKLET
$14.49
AMERICINN MOTEL
ROOM CHARGES
$135.56
ANDERSON, DON
BASKETBALL REF
$378.00
ASQC
1997 -98 MEMBERSHIP DUES
$72.00
BALA, JAYASHREE
REFUND -CLASS CANCELLED
$42.00
BENNETT OFFICE SUP.
BLACK TONER
$91.57
BERKLEY RISK SERVICES
PROFESS SERVICES -APRIL
$800.00
BRINKMAN STUDIO
FILM, SLIDE FILM
$15.71
BROOD, JIM
PER DIEM, MILEAGE, LODGING
$398.85
BUSINESSWARE SOLUTIONS
HP CARTRIDGE
$2,853.15
CARTER, RANDY
HORS WORKED
$24.00
CELLULAR 2000
MARCH SERVICE
$436.27
CENTRAL GARAGE
LABOR RATE ADJUSTMENTS
$17,257.71
CENTRAL MN FIREMEN'S REGIONAL
1997 DUES
$40.00
CITY OF HUTCHINSON
MARCH FUEL
$34,056.58
COAST TO COAST
IRON OUT, PINE SOL
$188.21
•
COMM TRANSPORTATION
LOAN PYMT
700.00
COMMUNITY EDUCATION
COMMUNITY EDUCATION FOR MARCH
637.00
CROW RIVER PRESS INC
BUSINESS CARD BLANKS
399.90
CROW RIVER VET CLINIC
MARCH CHARGES
555.38
DEPT NATURAL RESOURCES
DNR REG FEES TO STATE
783.00
1567.11
DJ'S MUNICIPAL SUPPLY
REFLECTIVE CONES
DRONEN, JANEY
GYMNASTICS INSTRUCTOR
$77.00
ELECTRO WATCHMAN
ANNUAL CHARGE
$766.80
EMANS, BRAD
PER DIEM
$60.00
E'PPRENTICE
REG -LARRY HUHN
$349.00
FAMILY REXALL DRUG
PHOTOS
$46.86
FINANCE & COMMERCE
NOTICE OF REDEMPTION
$88.42
FITZLOFF HARDWARE
TAPE, STAPLES, KEY
$153.76
FORCIER, GARY
PER DIEM
$60.00
FORESTRY SUPPLIERS
PRUNER
$76.63
FORSBERG, MARY
CANCELLED SHELTER RESERV
$15.00
FORTIS BENEFITS
APRIL LTD
$1,586.30
GASSMAN, REBECCA
REFUND -CLASS CANCELLED
15.00
GODFATHER'S PIZZA
JUMBO PIZZAS, POP
41.23
GOV FINANCE OFFICERS ASSC
MEMBERSHIP DUES -K MERRILL
$145.00
GREAT PLAINS SUPPLY
EXTERIOR STAIN
$126.85
HAGER JEWELRY
ENGRAVING ON PLATE
23.33
HANKE, ANGIE
CONCESSIONS
20.00
HENRYS FOODS INC
CUPS
47.35
HILLYARD FLOOR CARE / HUTCHINSON
ESPRIT PUMP, 12" PAD, TISSUE
$371.22
HUIRAS, TIM
PER DIEM, MILEAGE
$198.88
HUTCH COOP CENEX
LP GAS
$31.95
HUTCH FIRE & SAFETY
EXTING RECHARGE, HYDRO TEST
$129.78
HUTCH PLBG & HTG CO
REPAIRS IN KITCHEN & LOUNGE
$1,279.53
HUTCHINSON JAYCEES
1997 WATER CARNIVAL DONATION
$2,000.00
HUTCHINSON TEL CO
APRIL SERVICE
$458.43
HUTCHINSON UTILITIES
MARCH GAS & ELEC
$12,933.09
J.C.PENNEY CO
CATALOG TRANSACTIONS- UNIFORMS
$27.43
JACK'S UNIFORMS & EQUIPMENT
CENTRAL GARAGE REPAIR
$396.80
JENSEN &, NEIL J.
MAY PAYMENT
$230.00
JERABEK MACHINE SERV
SQ. TUBE
$56.80
C
J
10-A I
OPEN -HOLD COUNCIL
REPORT TUE, APR 22, 1997,
12:26 PM
page 2
------------- ------
GENERAL FUND
----- ----------- - -----
K MART
___-----____--------_-----------
ZIPPER FOLIO
____-- ___-----
$11.70
- - -___
KABLE'S
TABLE
$168.75
•
KEGLEY, GINNY
REFUND - CANCELLED FROM BASEBALL
$18.00
KIMBALL, MEGAN
HOURS WORKED
$20.00
KIRCHOFF, BRIAN
HOURS WORKED
$24.00
KLOSS, TOM
REIMB- MEALS, LODGING
$154.64
KOELLN, BRIAN
PER DIEM, LODGING
$250.36
KRISHNAMGORTHI, CHITRA
REIMS MEALS, MILEAGE
$45.11
L & P SUPPLY CO
TRIMMER, TILLER, MOWER
$1,563.29
LEAGUE OF MN CITIES
WORKER'S COMP DED BILLINGS
$2,872.60
LEVY, NORITA
REIMS FOR GERANIUMS
$48.00
LYONS, SHANNON
CLASS CANCELLED- REFUND
$16.00
MARKA, JAMES
REIMS, MEALS
$7.66
MCGARVEY COFFEE INC
COFFEE
$35.63
MCLEOD COOP POWER
MARCH ELECTRIC
$1,477.75
MCOA
1996 MEMBERSHIP
$25.00
MESSNER, KYLE
COACHES TRAINING
$25.00
METRO ATHLETIC SUPPLY
VESTS
$104.90
MINN BLUE DIGITAL -A
XEROX FT /CHARGE
$115.14
MINNCOMM PAGING
APRIL -JUNE SERVICE
$165.19
MN DEPT OF REVENUE
DEFENSIVE TACT MANUALS
$49.10
MN MUTUAL LIFE
APRIL LIFE- MATTSFIELD
$559.02
MN U C FUND
QTR 1 1997
$352.48
MUELLER, DAVE
REIMS MILEAGE, LODGING
$131.45
MUSIC STORE, THE
QUASIAR TV /VCR COMBO
$318.44
NATL REC & PARK ASSC
PARK REC OPENS
$35.00
NATL TACTICAL OFFICERS ASSC
MEMBERSHIP RENEWAL
$30.00
NO STATES SUPPLY INC
HX CAP
$121.84
OLSONS LOCKSMITH
LOCKSET, REPAIR LOCKSET, LABOR
$288.38
OPATZ, SHARON
REFUND - CANCELLED FROM CLASS
$14.00
PAULSON, ADAIR
ANNOUNCER FEES
$250.00
PERFORMANCE COMPUTER FORMS
1 PART FORM 8 1/2 X 5 1/2
$138.44
PETERSEN SERVICE CENTER
COACH TO ST. PETER
,5300.00
PETERSON BUS SERVICE
COACH TO CHASKA /CHANHASSEN
$300.00
PIONEER
RUST -NIX PAINT
772.98
PLOTZ, GARY D.
REIMB- MEALS, MILEAGE
167.82
PPCT MGNT SYSTEMS
DEFENSIVE TACT MANUALS
$103.84
PRINTS CHARMING
T- SHIRTS
$1,377.75
PROFESSIONAL EQUIPMENT
SOIL COMPACTION TESTER
$296.00
QUADE ELECTRIC
LAMPS
$183.71
•
REID FLOOR COVERING
FLOOR MATS
$130.73
REINER, DORIS
REFUND -CLASS CANCELLED
$4.50
REINER, MAUREEN
REFUND SENIOR TOUR
$15.00
RESPOND SYSTEMS
SAFETY SUPPLIES
$19.50
ROSE, JULIE
REFUND -CLASS CANCELLED
$20.00
SCHWARTZ, SCOTT
REIMB-REG FEE FOR SEMINAR
$45.00
SCOTT, WESTON
PER DIEM, LODGING
$250.36
SMITH, ANDREW
HOURS WORKED
$24.00
SMITH, JOAN
REFUND - CANCELLED FROM CPR
$15.00
STANDARD PRINTING
STAMP INK
$10.00
STAR TRIBUNE
EMPLOYMENT ADS
$400.00
STEELE, DAN
PER DIEM, LODGING
$250.36
TEMPLETON INC
ER CONTRIB FOR MARCH 1997
$248.51
TEPLY, TODD
MIDDLE SCHOOL DANCE 4/18/97
$350.00
TRI CO WATER COND
SALT DELIVERY
$21.30
TRIPLE G DISTRIBUTING INC
POP PURCHASE
$36.00
TWO WAY COMM INC
KENWOOD RADIO
$386.95
UNITED BLDG CENTERS
POLE BARN NAILS
$95.25
US POSTAL SERVICE
SR NEWSLETTER POSTAGE -MAY
$300.00
US WEST COMMUN
APRIL SERVICES
$654.70
VALLEY ILLUMINATORS
AR -10OBD W 40" POSTS
$288.00
VIEYRE, ERIK
SCOREKEEPER
$20.00
VIKING SIGNS
SIGN
$122.48
WAL -MART
NETS
$25.22
WEST PUBLISHING CO
PUBLICATIONS
$405.02
WINZEA CORP
WIRE TIE
$71.15
WITHERILL, DANIELLE
REFUND - CANCELLED FROM GOLF
$56.00
XEROX
COPIER CHARGES
$835.00
< *'
$100,855.29*
HOSPITAL BONDS
FIRSTAR BANK OF MINNESOTA
FEES
$236.50
` *'
$236.50*
HUTCH TRANS FAC. BUSINESSWARE SOLUTIONS HP CARTRIDGE $59.55
•
OPEN -HOLD COUNCIL REPORT TUE, APR 22, 1997,
12:26 PM
page 3
-------------------------------------------------
HUTCH TRANS FAC.
CITY OF HUTCHINSON
-------------- - - -----
WATER /SEWER USAGE THRU 3/31
__-__----_________
$661.04
--
KLEESPIE
REPAIR LEAK, MILEAGE, LABOR
$596.57
•
MCGARVEY COFFEE INC
COFFEE
$35.63
NO STATES SUPPLY INC
BARCUT CHOP WHL, ETC
$114.06
QUADE ELECTRIC
LAMPS
$53.25
< *>
$1,520.10*
LIQUOR STORE
CITY OF HUTCHINSON
JAN -MARCH WATER /SEWER USAGE
$964.70
ED PHILLIPS & SONS CO.
MARCH WINE RETURNS
$3,091.33
FORTIS BENEFITS
APRIL LTD
$39.70
GRIGGS COOPER & CO
APRIL LIQUOR PURCHASE
$14,551.91
INK SPOTS
PAPER, SMOKER PROGRAM
$74.24
JOHNSON BROTHERS LIQUOR CO.
APRIL WINE PURCHASE
$5,215.50
KOEHLER,LYLE
REIMB -SHELF TAGS
$3.85
LENNEMAN BEVERAGE DIST. INC
APRIL BEER PURCHASE
$1,733.35
LEO'S TRANSFER
APRIL 1ST HALF FREIGHT
$220.46
LOCHER BROS INC
APRIL BEER PURCHASE
$11,672.59
MN MUTUAL LIFE
APRIL LIFE
$14.07
QUALITY WINE & SPIRITS CO.
APRIL LIQUOR PURCHASE
$497.69
SEGAL WHOLESALE
MISC TOBACCO PURCHASE
$728.65
SHOPKO
VIDEO TAPES
$67.02
STANDARD PRINTING
CALCULATOR RIBBON
$264.23
TRIPLE G DISTRIBUTING INC
APRIL BEER PURCHASE
$14,541.05
WINE COMPANY, THE
APRIL BEER PURCHASE
$1,113.50
< >
$54,793.84*
RURAL F. D.
BRODD, JIM
QTR 1 1997 MILEAGE
$4.96
CITY OF HUTCHINSON
MARCH FUEL
$31.62
EMANS, BRAD
QTR 1 1997 MILEAGE
$9.61
GLAESER, TOM
QTR 1 1997 MILEAGE
$1.86
HOESCHENS, DUANE
QTR 1 1997 MILEAGE
$6.82
HOMAN, ED
QTR 1 1997 MILEAGE
$4.34
NIES, JEFF
QTR 1 1997 MILEAGE
$3.72
POPP, JIM
QTR 1 1997 MILEAGE
$7.44
SCHRAMM, STEVE
QTR 1 1997 MILEAGE
$18.29
STEELE, DAN
QTR 1 1997 MILEAGE
$15.50
TWO WAY COMM INC
KENWOOD RADIO
$1,323.13
• < *>
$1,427.29*
WATER /SEWER FUND
B.A. LIESCH ASSOCIATES
PROFESS SERV - COMPOST PERMIT
$996.00
CELLULAR 2000
MARCH SERVICE
$48.70
CENTRAL GARAGE
LABOR RATE ADJUSTMENTS
$645.75
CITY OF HUTCHINSON
MARCH FUEL
$4,785.96
ELECTRO WATCHMAN
ANNUAL CHARGE
$766.80
FORTIS BENEFITS
APRIL LTD
$214.16
•
HARRIS CONTRACTING
MAINT INSPECTION & MATERIALS
$1,543.25
HUTCH COOP CENEX
LP GAS
$7.20
HUTCHINSON UTILITIES
MARCH GAS & ELEC
$731.06
JOHNSON, DOUGLAS
REIMB- MEALS, MILEAGE
$110.22
MN MUTUAL LIFE
APRIL LIFE
$74.97
NALCO CHEMICAL CO.
WATER STABILIZER
$10,062.54
NOTT COMPANY
LOT SCREW CONVEYOR
$14,950.47
OLSONS LOCKSMITH
SERVICE CHARGE
$35.00
QUADE ELECTRIC
STAT WIRE
$37.28
US FILTER /WATERPRO
ECR CONV KIT
$4,769.98
USA WASTE SERVICES INC
LOADS FOR 3/31 THRU 4/4
$2,285.87
WAL -MART
WATER JUGS
$9.02
WELCOME NEIGHBOR
MARCH LISTING
$60.00
< >
$42,134.23*
$205,276.27*
•
IMMEDIATE PAY COUNCIL REPORT TUE, APR 22, 1997, 12:27 PM
1996 T I CONSTR.
----- — - -- ---------------
TWO WAY COMM INC
-----------
RELOCATION OF BUSINESS
* FUND
GORAL
DEPT NATURAL RESOURCES
DNR FEES TO STATE
MCLEOD COUNTY TITLE
RECORDING DEED - CRIPPS
MINNESOTA AIRPORT SYMPOSIUM
REG- D.SKAAR
MN DEPT OF REVENUE
QTR 1 SALES TAX
NATIONAL SEMINARS GROUP
REG -ROBIN SHOEN
HOUSING REDEV
BLAZINSKI, LISA
GUTTERS & INSULATION
KRASEAN, TIM &
WINDOWS
OLSON, ARNIE &
DOORS & WINDOWS
HUTCH TRANS FAC.
MN DEPT OF REVENUE
OFF ROAD SALES TAX
LIQUOR STORE
CITY OF HUTCHINSON- GENERAL FUN
PAYROLL 4/11/97
PAYROLL FUND
AETNA VARIABLE LIFE ASS. CO.
EE CONTRIS
GREAT WEST LIFE INS. CO.
EE CONTRIB
H.R.L.A.P.R.
EE CONTRIB
ICMA RETIREMENT TRUST
EE CONTRIB
PERA LIFE INS CO.
EE CONTRIB
PERA - D.C.P.
EE CONTRIB
PRUDENTIAL
EE CONTRIB
PRUDENTIAL MUTUAL FUNDS
EE CONTRIB
PUBLIC EMPLOYEES
EE CONTRIS
TEMPLETON INC
EE CONTRIB
WADELL & REED
EE CONTRIB
R /SEWER FUND H2O TRAINING & CONSULTING
MN DEPT OF REVENUE
Wire Transfers
Payroll - Withholding Taxes
Payroll -MN Dept of Revenue
Liquor Store Fund -
March Liquor Sales Tax
REG - MARION GRAHAM
QTR 1 SALES TAX
The following wire transfers were omitted from the council report on these dates.
March 11, 1997
Payroll - Withholding Taxes 31,496.36
Payroll -MN Dept of Revenue 6,316.61
March 25, 1997
Payroll - Withholding Taxes 29,256.62
Payroll -MN Dept of Revenue 6,333.49
April 8, 1997
page 1
------------------------
$18,950.00
$18,950.00*
$661.00
$19.50
$90.00
$1,660.45
$395.00
$2,825.95*
$650.00
$800.00
$4,000.00
$5,450.00*
$75.14
$75.14*
$6,733.77
$6,733.77*
$790.00
$100.00
$164.00
$2,765.37
$130.50
$52.02
$180.00
$30.00
$15,315.89
$458.46
$150.00
$20,136.24*
$550.00
$4,034.55
$4,584.55*
$58,755.65*
$34,124.39
6,774.15
15,758.00
Liquor Store Fund - Liquor Sales Tax 13,412.00
1991 G.O. Medical Facilities 227,115.63
• MINUTES
HUTCHINSON EMPLOYEE SAFETY COMMITTEE
MARCH 20, 1997
Present: Chair Dick Nagy, Jim Ford, Mark Weiss, Brenda Ewing, Floyd Groehler, Marilyn J.
Swanson and Gary Clyne (Utilities Safety Committee Member)
Absent: Scott Hanson, Tom Kloss, John Arlt and Eldon Barkeim
It was reported that good feedback was received from the employees regarding the back safety
training seminar conducted on March 19.
The majority of the meeting was spent reviewing the 1997 goals, with the following comments:
#1. Respond Safety conducted the CPR training in 1996. Assign John to be in charge of setting
up 1997 training.
#2. Training scheduled for May 9, 1997
• #3. Tom prepared a policy drawing for City Center and is working on a draft written policy.
Continue to finalize individual departmental policies. Post information in several locations
within building affected, including lobby for public access. It was suggested to send a memo
to all directors relating to the policies for each building as a recommendation from the Safety
Committee.
44. Tabled for discussion at next meeting.
#5. Assigned to Brenda. Some type of program that is practical and affordable.
96. Assigned to Brenda. Incentive program for recognition of being accident safe.
#7. Jim Marka is working on a policy.
#8. Jim Ford reported that Gale Boelter attended a seminar on boom truck safety, and he will do
a presentation to departmental employees.
#9. Dick will contact Eldon regarding the program. Appoint a committee to work with him.
#10. John is handling the stocking of first aid supplies.
40 #11. Contact John regarding refining and upgrading the orientation video.
SAFETY COMMITTEE - MARCH 20, 1997 •
Since April is "Tornado Warning Month," there was discussion on holding an employee evacuation
drill on April 24 at 1:45 p.m. and 6:55 p.m. for the family.
Brenda distributed an accident/near accident report of 1996 workers' compensation claims. She
commented that the majority of the 38 accident claims were for sprained backs and bruises and cuts
on fingers. The Safety Committee should attempt to correct the problem, but the Director is
responsible for employee reprimand and discipline. However, the Safety Committee can make
recommendations.
It was recommended to appoint a sub - committee to review the accident reports and to make
recommendations. This matter will be discussed further at the April meeting.
Floyd was appointed to check into free material available for distribution to City employees.
The next meeting of the Safety Committee will be held on April 24 at 10:00 a.m. in City Center.
The meeting adjourned at 10:55 a.m.
•
• HUTCHINSON EMPLOYEE SAFETY COMMITTEE
1997 GOALS AND OBJECTIVES
1. CPR Refresher Course and Recertification -- September 1997 (OSHA Requirement)
2. Fire Extinguisher Training for City Employees -- May 1997 (Conducted by Casey Stotts)
3. Evacuation/Storm Policies for All City Buildings -- Prepared by Individual Departments
4. Injuries and Accidents -- Sub - Committee
> Develop procedure for sub - committee to review accident reports and accident sites
> Who /Why /Prevention
> Show video entitled "Attitude" which concerns an accident
5. Defensive Driving -- Human Resource Coordinator
• 6. Incentive Program -- Human Resource Coordinator
7. Office Security /Safety -- Dick write a memo to City Administrator requesting a security
review in all City buildings.
8. Train the Trainer -- Send one or more committee members to a seminar or class
on a particular subject or topic; the trainer will present the
material to City employees.
9. Lock Out/Tag Out Program -- Sub - Committee with Eldon as Leader
• Written Policy
• Written Procedure
• Mmaintain Records
10. First Aid Kits /Supplies -- Departmental -- John will do inspections
11. Review Orientation Video -- Sub - Committee
•
Administrative Office
John M. Houlahan, Director
410 Fifth Street SW
P.O. Box 327
Willmar, Minnesota 56201 -0327
pioneedand
111111111111111111111111
:(320) : (320) 235 -6106 Fax: ( 320) 235 -6106 vAlmarpi@royal.cfa.org
PIONEERLAND LIBRARY SYSTEM BOARD MEETING
March 20, 1997
PLS Board Chair Orville Rudaingen called meeting to order. 1996 audit was added to agenda
Canfield/Schweiss moved approval of agenda Motion carried Sneer /Canfield moved approval of minutes
of Febmary 20, 1997 meeting. Motion ca rrie d -
Finance Committee report was given by Sanders. The February financial reports were not available to be
approved Houlahan reported on TRAP grant application. Sanders/Clouse moved to authorize staff to
apply for TI]AP grant- Motion carried Sanders/Schweiss moved to authorize chair to sign grant
agreement for Bremer Foundation grant received by Raymond Librar Motion carried Sanders/Sneer
moved to authorize chair m sign disclosure form for 1996 audit. Motion carried
Automation Committee report was given by Fleegel. MnLINK is statewide automation system. System is
currently seeking funding from legislature: for inliastruchue. Automation Committee is recommending
PLS participation in MnLINK if conditions specified in recommendation are acceptable to MnLINK
Fleegel/Sanders moved approval of PLS participation in MnLHr Y Motion carried
Houlahan invited board to a demonstration of video conferencing equipment and awarding of U.S. West
grant to PIS on Friday, March 21, 1997, 3:00 p.m., in PLS office in Willmar. Board was given update on
internet installation.
No Personnel Committee report was given because the committee had not met.
Policy Committee report was given by Rudaingen. All member cities and counties have signed 1996
amendments to PLS agreement except Ortonville. Sanders/G. Iohnson moved approval of letter to
Ortonville requesting that amendments be signed Motion carved Committee discussed issue of
nonsiguatory cities. Polic Committee has asked Finance Committee to study finances of nonsignatory
hbraries. Policy Committee is also discussing classes of libraries and has r quested additional information
on classes of libranes before developing recommendation.
Matson presented 1996 annual statistical report to be submitted to Office of Library Development and
Services. Canfield/Clouse recommended approval of report. Motion carried
Rudningen summarized 1997 committees. Officers recommended merging facility and
committees. Canfield/Sanders moved approval of appointing Al Clouse and Teresa Hoepner t S
Governing Board Motion carried
Board members reported on their attendance at annual MLA Legislative Day.
Sanders/Canfield moved adjournment. Motion carried
Katherine A. Matson
Acting Secretary
0
Administrative Office
John M. Houlahan, tre Director Dioneerland
410
O. sox 27eet sw LIBRARY SYSTEM
mar, Minnesota 56201 -0327
Phone: (320) 235 -6106 Fax: (320) 235 -6106 wilmarpi@royal.cfa.org
APR 7 -1991
Date: April 4, 1997 OIT' JF HUTCHj dSON
To: City and county administrators
From: John Houlahan FOR YOUR INFORMATIN
Re: Distribution of PLS's Automation Newsletter
City and county administrators are being asked to make copies of the enclosed automation
newsletter for their governing boards. Pioneerland Library System hopes this newsletter
will be useful for you and your governing bodies to keep up with the library system's
automation developments.
Thank you for your assistance with this distribution.
Sincerely,
John Houlahan
PIONEERLAND LIBRARY SYSTEM'S •
AUTOMATION NEWSLETTER
VOLUME 1, ISSUE 2 (APRIL, 1997)
Purpose of this one page newsletter is to inform city and county officials; city and county
administrators, members of Pioneerland Library System and local library boards and
library staff on the development and implementation of Pioneerland Library System's
automation services, operations and products.
PIN ONLINE 2000 Telecommunication% installations Have Begun
There are four major telecommunication stages in Pioneer land Library System ONLINE
2000: 1) 56K lines between library buildings & telephone companies 2) internal library
building cabling 3) connecting libraries to internet and 4) installing online integrated
library system (online catalog, check -out, interlibrary loan, etc)
25 of 31 Pioneerland libraries have completed stage 1 and 20 have completed stage 2.
As of April 4, 1997 following ten libraries have been connected to internet and completed
stage 3: Bird Island, Cosmos, Dassel, Dawson, Glencoe, Hutchinson, Kerkhoven,
Litchfield, Madison, &Milan.
Staff is now scheduling 3-4 internet installations a day until all libraries have completed
stage 3. State grant requires all 31 Pioneerland libraries be connected by June 30, 1997.
Implementation of Stage 4 is contingent on the selection this fall of the online vendor.
_Question Of The Week* How Is Mu LINK related to PLS ONLINE 2000?
It is expected that Minnesota State Legislature will approve funding this May for
developing MnLINK a "statewide on -line information system for libraries" There are two
components to MnLINK: System X & System Y. System X will include the mainframe
hardware and software for University of Minnesota Library's online functions, services and
operations and those of 80 other Minnesota's colleges and special libraries. System Y is a
gateway enabling a library with an existing online system to connect with System X and
other online library systems. Implementation of MnLINK is expected to begin in 1998.
Pioneerland Library Svstem (PLS) is being offered opportunity by the State to be part of
System X and/or System Y. At its March 20 meeting, PLS board approved participation
in System X if certain criteria could be met: 1) PLS can afford the start up and ongoing
costs of System X 2) PLS could begin implementing System X in 1998 and 3) PLS
interests are well represented by governing bodies overseeing operations and direction of
System X. PLS board is acting on the premise that System X is just one of many possible
vendors that provide libraries online services. Therefore, PLS will consider System X as
well as other automation vendors that can link with System X and have gateway
capabilities required by System Y.
Nf= scut wi 1 f at =
1) More installation updates
2) US WEST Grant
3) Question of the Week
'.997
0
State Representative
Bob Nes
289 State Office Building, 100 ConsStution Ave., St Paul, MN 55155 (612) 2964344
NEWS RELEASE
For Immediate Release
April 18, 1997
Ness Summarizes Key Aspects of U of M, State Universities, Technical and Community Colleges and
Early Childhood Bills Sent to Conference Committees
ST. PAUL —State Representative Bob Ness (District 20A- Dassel) said that the Minnesota House of
Representatives passed two significant educational funding bills last week, with a third bill expected to be passed
this week. The bills passed include a $2.3 billion higher education bill and a $394 million early childhood and
family education bill. The K -12 $6 billion education bill will be heard on the House floor this week.
"These bills contain many new policy provisions and will create change on many levels," said Ness. "While there
• area few items in each bill that I don't favor, I believe that overall, these proposals will help students, children
and families with educational costs and reduce some governmental red tape by suspending a number of reports
and instead promoting educational and county social service cooperative efforts."
U of M, MnSCSU
• The $2.3 billion higher education bill contains more than $200 million in combined spending increases
for the University of Minnesota and MnSCU systems and the Higher Education Services Office (HESO),
the agency that administers student grants. The bill increases overall higher education spending by l 1
percent Hopefully this appropriation will help to curb the escalting cost of tutition and affordability of
college for our students. A significant increase in funding is dedicated for technology expenditures and
internet access to libraries and inter connectivity for distant learning throughout the university systems.
"This bill provides sizable budget increases for both the University of Minnesota and MnSCSU systems'
62 campuses." said Ness, who voted for the bill. "The bill also contains good elements for students,
including provisions that broaden the state's work -study program to include students who obtain
internships at private companies. Prior to this, work -study funding only applied to work at colleges or
other nonprofit institutions."
• Additionally, $6.7 million is allocated for EdVest, an IRA -like savings account which will allow families
to put money away for college in tax- exempt savings accounts. Ness, a coauthor of EdVest, said the state
would provide matching grants for up to a $300 maximum for each student. Also under the bill, a
portion of state bonds sold for construction of state facilities will now be sold in $500 denominations.
These "Gopher State Bonds" will allow more families to purchase tax- exempt bonds in saving for a
child's college education. Under current law, the minimum denomination of such bonds is $5,000.
•
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Page 2 of 2 •
"Helping rrtore families with the costs of a college education and providing incentives for saving is good policy,"
Ness said. "Many Minnesota families will be able to take advantage of these tax - exempt college savings options."
Under the bill, the MnSCSU system will receive slightly more than $1 billion. Included is $34 million for
technology and equipment to bring all 62 campuses up to the same technology level. Also, MnSCSU receives
$500,000 for grants to develop courses to be offered through the "Virtual U." This will provide statewide access
to distance learning.
The University of Minnesota system will also receive slightly more than $1 billion for the biennium. This state
appropriation only makes up approximately 28% of the U of M budget. The funding includes $500,000 for
technology grants to develop courses through the "Virtual U" Seed money of $160,000 for research grants in
the Academic Health Center are also included.
This also inciudes a Lo miiiion for the "Goya Knutson Endowment in Political Science." Ness said funding for
the Knutson endowment was controversial. "By their nature, endowments are privately funded," Ness said. "This
is the first time taxpayers are being asked to fund one. It should not set a precedent."
Early Childhood Education
The $394 million early childhood education bill includes ECFE , Community Education, Adult Education and
the transfer of Head Start, and several other programs such as food shelves, fuel assistance, weatherization,
homeless and various nutrition provisions from Department of Economic Security to the Department of Children,
Families and Learning. The appropriation reflects these program transfers and includes $130 million or a 51
percent increase over the last biennium for child care due in part to federal and state welfare reform -
Under the bill, $190 million is earmarked for child care subsidies for low- income working parents as well as •
parents leaving welfare to work. The bill also spends $30 million on Head Start and $30 million on Early
Childhood Family Education programs.
"This bill goes a long way toward meeting the increased demand for child care services, which are expected as
a result of welfare reform," said Ness. "While spending increases are significant , there are nr, address the
major changes in the welfare reforms provisions. The bill is the first omnibus bill of the net.
and Early Childhood Education division."
"There are several maior pohcv and funding changes in this bill," said Ness. "I believe that Minnesota continues
to be one of the most innovative states in the country, and our plans will eventually become models for other
communities and states."
A conference committee of five Senators and five Representatives will now hammer out the details of the bills
before they reach the governor for his signature.
If you have questions or continents on this or any legislative issue, please contact Rep. Ness at 289 State Office
Building, 100 Constitution Avenue, St. Paul, MN 55155 -1298, tel: (612) 296 -4344.
•
i99i
State Representative -- 11 UT li - ON
B%lailb Ness
289 State Office Buildin 100 Cansfituton Ave., St Paul, MN 55155 (612) 2964344
NEWS COLUMN
For Immediate Release
April 18,1997
THE STATE BUDGET, OUR FINANCIAL
OUTLOOK AND THE PROJECTED SURPLUS
The newspaper articles, radio programs and television "special reports" about Minnesota's state budget and its
anticipated surplus have been numerous and varied in St. Paul over the last month. Proposals include ideas to
send it back, save it, create property tax relief, fund education and health/human services, fix highways and
bridges, keep the Twins, and the list goes on. However, there is no consensus in either body of the Legislature
or with the Governor's office about what to do with the surplus, and there will be a lot of debate before the issue
is resolved
Before we fall under the spell of this budget surplus, let's put some of the projections in perspective. For
instance, we should remember thatjust a few years ago, Minnesotans were concerned about a 51.8 billion deficit,
not a stuplus. If the mrnbers can swing so widely in less than two years, then we should question whether or not
a $1.8 billion surplus could swung back again. We also need to remember that the Legislature had to return these
funds borrowed from K -12 education two years ago when we had a huge deficit. As we consider all possibilities
for any budget surplus funds, we should keep in mind five simple principles:
we must live within our means;
spending should grow no faster than revenue;
future budgets should balance revenues and spending by year;
one -time expenditures must be truly one -time, with no tails; and
long -term commitments should be limited to sustainable revenue growth.
The "surplus" is a projection of income and expenses of the state's biennial fiscal budget for the next
two years. These projections are based on numerous variables. all of which could change dramatically
between now and then. I anticipate the projections are reasonably accurate, but consider that we have
not yet accommodated for basic inflationary growth in such things as health and human services, nursing
home care, programs for the mentally ill or the disabled; highway construction. K -12 education and
higher education; economic development. state and local government, and so on. Add to this the federal
cuts in welfare spending and other programs, which the state must pick up to some degree, and it brings
into question how much real "surplus money' is available.
Balance all of the above with the proposals for targeted property tax reform, proposed income tax
•
rebates, or tax credits for education. and it's clear that we can't have it all. The question is how, in our
political climate, will all these proposals find resolution?
"�7fi '1
Page 2 of 2
Key points to keep in mind:
The estimated budget surplus is just that: Estimated.
While it's true that Minnesota will enjoy some sort of sustainable increase in revenues over the next
biennium, no one can say for sure how large or small the increase will be. Additionally, a wine variety
of events and tr=xls —such as employment rates, inflation, interest rates, the influence of the national and
global economy, foreign affairs, manufacturing and agriculture production and numerous other
factors—will affect how much money we're really talking about when we say "budget surplus." The $2
billion number is a projection as of July 1999.
Proposed rebates to taxpayers may not be as large as we'd all like to believe.
Many proposals for dealing with the budget surplus have a tax rebate or tax credit component. While
some may say "that's our money," and while we'd all like a check in the mail, we shouldn't be planning
a major purchasejust yet. While there are various proposals creating expectations for a rebate, tax credits
or property tax relief, there is no consensus on what or how much will be possible. Perhaps some
combination of these will be possible.
Our cities, school districts and McLeod and Meeker Counties receive at least 70 percent of their
operational revenues from statewide income tax and sales tax receipts. These taxes are paid by
all the people in the state of Muvrsota, and "that's our money" becomes a little more complex when the
basic premise of any refund is that the money would go back to those who paid it in the first place.
•
I sincerely believe we [teed to live within our means, be careful and accountable in the investment and
expenditure of all state resources and taxpayer dollars. I will not embellish or politicize issues of
importance to people of McLeod and Meeker Counties. I will do my best to represent all constituents,
so that we balance the creeds of all resources for rural Minnesota with the metro power and dominance
in the legislative process.
Perhaps when all is said and done, "a lot more will be said than done."
If you have questions or comments on this or any other legislative issue, please contact me at
612 - 2964344, or visit my office in room 289 of the State Office Building. My door is always open to
you.
_•