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cp04-09-1996 c• AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 9, 1996 CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Jon Lindekugel, Christ the King Lutheran Church 3. CONSIDERATION OF MINUTES MINUTES OF REGULAR MEETING OF MARCH 26, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1996 2. LIBRARY BOARD MINUTES OF MARCH 25, 1996 (b) RESOLUTIONS AND ORDINANCES . 1. ORDINANCE NO. 96 -166 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO JME INC. 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. 10655 - RESOLUTION ESTABLISHING FEE FOR PAWN SHOP LICENSE RESOLUTION NO. 10656 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, LETTING NO. 5, PROJECT NO. 96 -07 RESOLUTION NO. 10657 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (c) REQUEST FROM GARDEN CLUB TO USE LIBRARY SQUARE SIDEWALK ON MAY 18, 1996 FOR ANNUAL PLANT SALE FUND RAISER Action - Motion to approve consent agenda NONE 6. COMMUNICATIONS REQUESTS AND PETITIONS (a) "EXCELLENCE PLUS" STATUS UPDATE BY BUILDING OFFICIAL ON CREATION OF JOINT PLANNING AGENCY AND SKIP QUADS PROTOTYPE PLAT WITHIN URBAN BOUNDARY DISTRICT CITY COUNCIL AGENDA - APRIL 9, 1996 a 10. RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA NONE NEW BUSINESS (a) CONSIDERATION OF DEFERRED LOAN AGREEMENT BETWEEN CITY OF HUTCHINSON AND JME INC. Action - Motion to reject - Motion to approve (b) CONSIDERATION OF DEVELOPMENT AGREEMENT BETWEEN CITY OF HUTCHINSON AND JME INC. Action - Motion to reject - Motion to approve and enter into agreement (c) CONSIDERATION OF EXECUTION OF PURCHASE AGREEMENT BETWEEN JME INC. AND CITY OF HUTCHINSON Action - Motion to reject - Motion to approve (d) CONSIDERATION OF RESOLUTION AUTHORIZING TRANSACTION(S) WITH JME INC. Action - Motion to reject - Motion to approve and adopt (e) CONSIDERATION OF RESCHEDULING CITY COUNCIL AND DIRECTOR WORKSHOP ON 1997 OBJECTIVES Action - Motion to reject - Motion to approve (f) CONSIDERATION OF EASEMENT FOR RAILROAD PURPOSES OVER LOT 4, BLOCK 1 OF SECOND ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT Action - Motion to reject - Motion to approve (g) CONSIDERATION OF RIGHT -OF -WAY CERTIFICATE FOR BLUFF STREET Action - Motion to reject - Motion to approve MISCELLANEOUS (a) COMMUNICATIONS E 0 �J 0 CITY COUNCIL AGENDA - APRIL 9, 1996 (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds r1 LJ r1 • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 26, 1996 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. The invocation was given by the Reverend Alex Ramos. MINUTES The minutes of the regular meeting of March 12, 1996 and bid opening of March 20, 1996 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS FINANCIAL/INVESTMENT REPORT - FEBRUARY 1996 2. PLANNING COMMISSION MINUTES OF FEBRUARY 20, 1996 3. POLICE CIVIL SERVICE COMMISSION MINUTES OF FEBRUARY 29, 1996 4. HUTCHINSON AREA HEALTH CARE MINUTES OF JANUARY 23, 1996 AND FEBRUARY 20, 1996 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 96 -165 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY ADDING SECTION 6.43 ENTITLED "MASSAGE SERVICES" AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. ORDINANCE NO. 96 -166 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO IMPRESSIONS INCORPORATED AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST READING AND SET SECOND READING FOR APRIL 9, 1996) 3. RESOLUTION NO 10647 - RFSOLTTTT6IN POP PimruAQP 4. RESOLUTION NO. 10653 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ASSESSMENT ROLL FOR LETTING NO. 5. PROJECT NO. 96 -07 CITY COUNCIL MINUTES - MARCH 26, ] 996 5. RESOLUTION NO. 10654 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, ASSESSMENT ROLL FOR LETTING NO. 5, PROJECT NO. 96 -07 (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) APPOINTMENTS: TREE BOARD ♦ DAVID LARSON ♦ LAURA POSER (e) HUTCHINSON AREA CHAMBER OF COMMERCE RETAIL TASK FORCE REQUESTS FOR STREET DANCE ON JULY 19,1996: ♦ PERMIT FOR STREET DANCE ♦ CLOSE STREET ♦ USE OF LIBRARY SQUARE PARK ♦ PERMIT FOR CONCESSION STAND ♦ SHORT -TERM NON - INTOXICATING MALT LIQUOR LICENSE 0 (f) CONDITIONAL USE PERMIT REQUESTED BY CHURCH OF THE LATTER DAY SAINTS TO CONSTRUCT CHURCH LOCATED IN R -2 DISTRICT AT 770 SCHOOL ROAD NORTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10648) (g) CONDITIONAL USE PERMIT REQUESTED BY WORD OF LIFE OUTREACH CENTER TO CONSTRUCT CHURCH AND SCHOOL LOCATED IN R -2 DISTRICT AT SCHOOL ROAD SOUTH AND SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10649) (h) CONDITIONAL USE PERMIT REQUESTED BY STEVE WADSWORTH TO CONSTRUCT POLE BUILDING LOCATED AT 1030 HWY. 7 WEST BEHIND PRESENT BUILDING AT 1020 HWY. 7 WEST WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10650) (i) PRELIMINARY AND FINAL PLAT KNOWN AS "SECOND ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT" SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 1065 1) (j) RECOMMENDATION OF CITY STAFF TO ESTABLISH TASK FORCE TO REVIEW AND RECOMMEND OPEN SPACE AND SITE PLAN CRITERIA FOR PUBLIC AND PRIVATE SCHOOLS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (k) REVISED COMMERCIAL LOAN GUIDELINES The motion to approve the consent agenda with the exception of items 4 -(g) and 4 -0) 9 CITY COUNCIL MINUTES - MARCH 26, 1996 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. Item 4 -(g) -- Following extensive discussion regarding the number of students per classroom space, Rev. Jim Hall requested the City Council to approve the City staff recommendations and to allow the appointed Task Force to determine a reasonable standard for the school. The motion was made by Council Member Craig to approve the conditional use permit for the school and church but not to limit the number of students and standards in adopted Resolution No. 10649. Motion seconded by Council Member Peterson and unanimously carried. Item 4 -0)- -There was brief discussion concerning the responsibilities of the Task Force. PUBLIC HEARING - 6:00 P.M. (a) INTOXICATING LIQUOR LICENSE REQUESTED BY RAHN C. HOSECK AND JOEL L. STARRETT FOR A RESTAURANT AND LOUNGE LOCATED AT 18 MAIN STREET NORTH • Mayor Torgerson called the hearing to order at 6:00 p.m. and read the notice of hearing. Mr. Rahn Hoseck stated that he and Joel Starrett were in the process of purchasing the building contingent upon obtaining a liquor license. Recently they were offered the opportunity to purchase J's Pizza next door, with a six -month time frame to reach an agreement. The owner of J's Pizza has offered to provide pizza to the bar to meet the of od requirements. However, no liquor will be sold next door. Police Chief Steve Madson reported that an investigation was completed and nothing derogatory was revealed. It was his recommendation to favorably consider the application with the following four contingencies: (1) surety bond and insurance required; (2) meet food requirement; (3) building meet all city building code inspections and fire codes; and (4) provide additional financial information. Council Member Erickson moved to close the hearing at 6:10 p.m., seconded by Council Member Mlinar and unanimously carried. Council Member Erickson moved to approve the licensing contingent upon the four recommendations presented by the Chief of Police, seconded by Council Member Peterson and unanimously carried. (b) LETTING NO. 7, PROJECT NO. 96 -09, 96 -10, 96 -11, 96 -12, 96 -13, 96 -14, 96 -15 (1996 STREET AND SIDEWALK IMPROVEMENTS) Mayor Torgerson called the hearing to order and read the notice of hearing. Publication No. 4902. CITY COUNCIL MINUTES - MARCH 26, 1996 Engineer Rodeberg reviewed the projects and addressed the proposed costs. He reported that the property owners for Projects No. 96 -14 and No. 96 -15 had requested deferral. Also, the ity Engineer noted that parking lots B and E would be deleted from project No. 96 -10. The Village Cooperative of Minnesota submitted a petition objecting to the sidewalk on Sherwood Street for project No. 96 -09, C I Mike Becker, 56 Century Avenue SE, wondered where the proposed sidewalk would be located. He stated he was the only property owner to be assessed and asked if he would be responsible to maintain it. His main concem was the snow removal from the sidewalk and the extra traffic over the yards. Mayor Torgerson suggested the City Council change the policy and amend the ordinance regarding sidewalk maintenance in areas where it does not go anywhere. PROJECT NO 96 -10 0 Dick Lennes, HCDC Director, stated that the HCDC has been working with a Task Force on a downtown plan. It is their recommendation to add downtown parking lots, and the old City Hall site was selected as a priority. The other two parking lots are not in the priority plan. Parking Lot B is deleted and will be reconsidered for construction in 1997. • Parking Lot E is deleted and will be reconsidered under Letting No. 9. Dr. Lester Schuft, 45 Third Avenue SE, commented that he owns the building next to the American Legion. He asked how many property owners would be assessed for the project and how many parcels were involved. Sharon Daniels, 1165 13th Avenue NW, inquired if the project included curb, gutter, gas, and sidewalk. She also asked about the cul-de -sac, which direction the lines would run, the right -of -way, and the number of lots that could be developed. Engineer Rodeberg stated the project was for curb and gutter. 'I) fJ1 808191 Norman Hoefer, 1225 Golfview Court NW, asked how the City would assess the project. He suggested that it be made clear to the residents what the assessments cover. The City Engineer pointed out the subdivision agreement states that assessments will be divided evenly among all the lots. 4 0 CITY COUNCIL MINUTES - MARCH 26, 1996 PROJECT NO. 96-14 Project deleted and will be reconsidered for construction in 1997. PROJECT NO. 96 -15 Project deleted and will be reconsidered for construction in 1997. The motion to close the hearing at 6:50 p.m. was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. Council Member Craig recommended that the City staff come up with a plan to maintain the sidewalks. The motion to approve the public improvement schedule and adopt Resolution No. 10652 was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) "EXCELLENCE PLUS" UPDATE BY CITY ADMINISTRATOR . City Administrator Plotz updated the City Council on the "Excellence Plus" program. (b) UPDATE BY DICK LENNES ON SELECTION OF HUTCHINSON NAMED TOP 50 BOOM TOWN IN AMERICA HCDC Director Dick Lennes presented a report on the data used to compare U.S. towns by regions to determine the top 50 boom towns listed in Money magazine. Hutchinson was ranked as 41 st with a 10,000 to 50,000 population. The community had shown a 12 percent population growth from 1990 -1995. 7. RESOLUTIONS AND ORDINANCES — SEE CONSENT AGENDA 8. UNFINISHED BUSINESS NONE 9. NEW BUSINESS (a) CONSIDERATION OF REMODELING FOR TRANSITIONAL CARE PROGRAM IN 400 WING OF HUTCHINSON COMMUNITY HOSPITAL Following discussion, Council Member Mlinar approved the transitional care unit remodeling project at a cost not to exceed $76,255.00. Motion seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR CITY COUNCIL MINUTES - MARCH 26, 1996 • City Administrator Plotz reported that a flyer will be sent out in the utilities bills to inform the public of an upcoming fluorescent bulb recycling day to be held on April 22 at the McLeod County Household Hazardous Waste Facility. Also, it will promote curbside recycling, a backyard composting and grasscycling course on April 25, three free loading days for mulch and compost, three weeks of boulevard leaf and grass pickup, and a special white goods and hard goods pickup on May 15. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported that the public hearing on South Grade Road, a federal project, will be held on April 2i. The bid will be awarded prior to the hearing. He will make a presentation regarding cost at the next Council meeting. The City Engineer commented on the title for Impressions, Inc. (c) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar made reference to a meeting in Olivia being held March 27. (d) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented on the action taken concerning the Word of Life Outreach Center's proposed church and school. He felt the Council had taken the • proper action. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported that the City now owns a portion of Simonson Lumber's property. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. There being no further business, the meeting adjourned at 7:20 p.m. • CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT 11 I HASSAN STREET S.E., HUTCHINSON MN 55350 PHONE 612-234-4216 FAX: 612 -4240 • 0 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEKNG `- - hem Number of Valuation of NuMer of VakAbOn of BUILDINGS No BuPdge HmmV construction Ba■drgs Rooms oonstrualon Urns Omit cents Omncents a (b) c) (d) e ) Single-tarrJN horded. detached E, nb[4Y w,rr 101 -3 3 361-754 Shgl• -famiy he b attached 3puwOM la»rwo b mW w4 Ab uer owe arewr, �R si A � ' 102 anae� T 103 Thn► rid fvx.kmlfy NAdirV 104 FNSwtnonm family buildnile 105 TOTAL Smoffal-101 109 3 36 1 ,754 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING "Am Numbw of Vruallan of Number of Valuation of BUILDINGS No. Buedsgs Rowrre construction c lrucbon Bu9dnpa Rooms Omit cents Omit Cants la) Dl (c) (d) (e) (f) (g) FIN", nwtels, and lounr nbina •ommmdelbra 213 OaW noromm espirq stehac 214 NEW PRIVATELY OWNED PUBLICLY OWNED NONRESIDENTIAL BUILDINGS neon Number valurbn of Number of v■luabom of No. of oortebudbn Burl9'9s cuueuygn BuN7 omm cents On* cuts ■ c Amuwn@M social, aril masallwal 313 Ctaaches and 0tw migiorw 319 brdrubW 320 P■kkq 9■r■9■■ Vwidrgs a open deekadl 321 Servto■ stations and repair grapes 322 Haapleses wW swabacrul 323 Olauaa, brhM and proleselwW 344 P wale rH uwtd" 323 Schools and W W eduwtlorW 323 Saw•• rod awtmrr services 327 Ono mrseHriW di6rge 323 Strums Oser ■en beram9■ 329 ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, Kenn NunWr Vasetknd m Nu of vaan of elw AND CONVERSIONS No. a corewrctfon Sustirgs constucaon Bua&rRe On*cores Orris cents (a) NI (c) (d) (e) Reeldral■1- ammasyadlsoe a/ 4m 9&•988 and orPwlr in Aam 433 2 26.31M NwweUtlrMld and nwlnrselusp ft 437 1 4 29 sm Adelill of reeNr" gsrgse rod 433 urWft (attached and dabsch.d) DEMOLITIONS ° PRIVATELY OWNED PUBLICLY OWNED AND RAZING OF BUILDINGS here Numbs, NumWrd Nunbr or Nniber of No. Of aukirvo units Balclaw Houm v ums (■) (h ) (c) e Single - family houea(Whached W dvtact l 343 Tw femlly bWSge 646 Thr and four- tamiry wolirn s 647 Flveor family buildings 643 M oder bvadrV and structures 649 Roof -4- Reside -2_ RIIR -2 M4T_2 cTal -1 Total Permits 22 Total Valuation $434,226 4z � ��/ • Hutchinson Public Library Board Meeting Monday, March 25, 1996 4:30 P.M. Members Present: Mary Henke, Kay Peterson (City Council ), Connie Lambert (PLS Board member) Paul Wright, Lois Carlson, Sue Munz, Joe Schulte Richard Peterson, Joyce Beytien Members Absent: None The minutes of the February 26 meeting were reviewed and approved. Old Business: Lois Carlson will continue to carry out the purchase and hanging of a photograph of Ralph Bergstrom to honor his over fifty years service to the Public Library. Memorial money from his family will be used. (MMSP - Joyce B., Kay P. ) The problem with the 'dimming' light fixtures is being checked by an electrician (Bernhagen) and will probably require some new ballasts. New Business: Connie Lambert was introduced as the new volunteer from Hutchinson to serve on the Pioneer Library Board with Sue Munz. A short review of • their meeting and orientation for Connie was presented. Discussion continued on the particular funding for the Hutchinson Library in explanation to new members of the board and in reference to board members ' questions. Mary presented the 1996 library budget sheet and the city's 1996 budget for the library expenses to further explain where the money comes from (city and county) and specifically where it is spent. There is a consensus that how this money comes back to us through PLS services needs to be communicated to our council and commissioners. We will pursue a meeting time with the two groups. Another goal for the library that was discussed was faster delivery service for information from other libraries ( books, research irrformation,etc.). Automation would speed up the request time but what of the actual time it takes to have it shipped here? Our further meetings will be held on the fourth Monday of the month after the PLS meeting the week before. The Library Board's next meeting will be Monday, April 22, 1996 at the Public Library at 4:30 P.M. The meeting was adjourned_ (Kay P., Richard P.) Joyce Beytien, Secretary u — 7 �; • ORDINANCE N0.9 -166 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE BALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO JMB, INC. AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINSt 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 JME, INC., a Minnesota corporation, legally described as follows: Lot Four (4), Block One (1) , Second Addition in the Hutchinson Industrial District, McLeod County, Minnesota. Section 2. City Code Chapter 1 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 9th day of April, 1996. Mayor Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader: First reading: starch 26. 1996 Second reading: April 9. 1996 // -/;� (1) • RESOLUTION NO. 10655 RESOLUTION ESTABLISHING FEE FOR LICENSE ISSUED TO SECOND HAND GOODS DEALERS AND PAWN SHOPS THIS RESOLUTION is made and entered this 9th day of April, 1996, by the Hutchinson City Council. RECITALS: 1. The City of Hutchinson has adopted an ordinance in furtherance of public policy regulating the licensing and operation of pawn shops; 2. The City of Hutchinson is required to establish a fee for all licenses and to do so by resolution; NOW THEREFORE, be it resolved by the City Council of the City of Hutchinson that the fee for a pawn shop license issued by the City is hereby set at $100 per license until further • resolution by the Council. Adopted by the City Council this 9th day of April, 1996. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator L 0 M E 0 C M O R A N D U M April 3, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Resolution Accepting Bid and Awarding Contract South Grade Road (TH 15 to Dale Street) Letting No. 5/Project No. 96 -07 Due to the need to complete documentation and acceptance of Federal funding for the above referenced project, we are recommending approving the above referenced resolution prior to the Assessment Hearing. Although there has been an unwritten policy of the City to hold the Assessment hearing first, State Statutes do not require the Hearing prior to award. Although there is the possibility of appeals with every Assessment Hearing, the amount of federal funds is almost 4 times the assessable amount, and it is clearly the higher funding priority. Attached for your information is the Assessment Hearing handout and a letter sent to all properties along the route. In order to secure federal funds and continue timely construction of the project, staff strongly recommends approving the Resolution. 9 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 Fax (612) 234 -4240 - Printed o recycled paper Police Services 10 Franklin Street SW ` Hutchinson, MN 55350 -2464 (/ (612) 587 -2242 Fax (612) 587 -6427 CLERK /ADMINISTRATOR'S CERTIFICATE • FEDERAL AID PROJECT STATE OF MINNESOTA ) REFERENCE (S.P. 133 - 080 -01 ( City of Hutchinson ) I, _ Gary D._PLotz , the duly appointed, qualified and acting City Clerk /Administrator of the City of p , and State of Minnesota, do hereby certify that at a regular nesting of theCity Council of the City of Hutchinson held on the 9th day of April 1996 , the following named contractors S.P. No. 080 -01 , Minnesota Project NO. 5934(001) , located on South Grade Road. in Hutchinson, in McLeod County, being approximately .025 miles in length. The bid of Ha. Mueller b Sons in the amount of $ 582,149.43 appeared is to be the lowest bid received, subject to final audit, and on motion by Councilperson and seconded by Councilperson it was voted by said City Council to recommend to the Commissioner of Transportation, as Agent for said City, that: (said contract be awarded to the lowest responsible bidder) or (that all bids be rejected) Attest: City Clerk /Administrator Chairperson, City Council IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this 9th day of April , 19 96 Chairperson /Administrator Recommendation: I concur with the above recommendation. • District State Aid Engineer submitted bids for the furnishing of all labor, tools, materials and equipment necessary for the construction of the work provided for under plans and specifications for that improvement on South Grade Road otherwise known as: FOR YOUR INFORMATION Letting No. 5 /Project No. 96 -07 South Grade Road (TH 15 to Dale Street) •• • •• Vv CONSTRUCTION OF STORM SERER. WATER IAIN. GRADING. GRAVEL BASE. CONCRETE CURB AND GUTTER. BITUMINOUS BASE COURSE AND WEAR COURSE SURFACING. TRAFFIC SIGNALIZATION AND APPURTENANCES Construction Cost $ 582, 149.4 • • TOTAL PROJECT COST $ 721,865.29 A CITYSHARE Watermain, Non- Assessable ltems /Credits S 199,985.19 Federal Aid $390,000.0 Total City Share $ 589,985.19 TOTAL PROJECT COST S 721, 865.29 Residential Street Assessment $32.50 /front foot • Traffic Control and Signalization (Hutchinson Mall) 540,000 O • Based on residential assessment rates for 1995. including inflation. The rate u as determined based on a non -curb and cutter replacement proi,ect of similar c- lessor %v idd�. 0 Based on Subdi%ision Agreement. Calculated actual costs substantially e- �.eeded this number. 4-4(-3) PUBLICATION NO. 4904 • NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5000 LETTING NO. 5 PROJECT NO. 96-07 FOR YOUR 1Nf uRll101 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 PAL on the 23rd day of April, 1996, in the Council Chambers at City Hall at Hutchinson. Minnesota. to pass upon the proposed assessment for the improvement of South Grade Road from TH 15 South to Dale Street by construction of sanitary seR and services, Ratermain and services, storm seR-er, grading, gravel base, concrete curb and gutter, bituminous base, surfacing, traffic signalization and appuvtenances. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, 'With interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1996. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before • the date given above, the rate of interest that will apply is 7 percent (plus or minus) per year. The right to partially prepay the assessment shall be until October 1st, 1996. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $131,880.10. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed The City will present its case first by ailing witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure Rill be repeated v ith each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same • procedure for questioning of the City's witnesses will be folloRed R the objector's m itnesses. The objector may be represented by counsel. ) �/ PUBLICATION NO. 4904 PAGE 0 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a fi:;al presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City_ Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for anv reason provided in that law, all amounts accumulated, plus applicable interest, become • due. Any assessed property owner meeting the requirements of the law- and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. -,,:4 1 Gary D. Plotz, City Adiba6ustrator City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, APRIL 4TH, 1996 AND THURSDAY, APRIL 11TH, 1996. 0 FOR YOUR. INFORMATION CITY OF HUTCHINSON / 1995 PUBLIC HEARINGS 9 SOUTH GRADE ROAD IMPROVEMENTS TH 151Main Street to Dale Street (Letting No. 13 /Project No. 95 -22) • I EROX ENIENTS INCLUDE ♦ «atermain and Storm Sewer Replacement ♦ Street Widening, Turn Lane Additions, Island Relocation, Signal Work between TH 15 and Merrill Street (Mall Entrance, Lynn Road Access) ♦ Street Reconstruction (Merrill Street to Dale Street). between existing curb CONSIDERATIONS ♦ City consultant reviewing Lynn Road/S. Grade Road intersection ♦ City reviewing removing remaining parking areas to allow for center turn lanes at Recreation Center, Civic Arena, Church, Mall and at Dale Street ♦ Project includes Federal funding (80% of eligible expenses) ♦ The estimated project cost is $760,000 (including expenses) ♦ City/Federal share estimated at $640,000 Estimated Assessments ITEM RANGE AVERAGE ENTRANCE IMPROVEMENTS TO MALL $40-60,000 $50,000 STREET IMPROVEMENTS Residential $28 - 40 /FF $ 34 Commercial $32 - 44 /FF $ 38 WATER SERVICE $700 -900 /each $ 800 ► Unit prices noted are estimated only and are not guaranteed. actual assessments • %g ill be based on bids received. ► City pays for street ov ersizing for residential properties, side% ards, intersections and previously paid areas. 4-0(3) PUBLIC HEARING NOTES 9 ♦ WILL COMPLETE DESIGN OF PROJECT AND GO OUT FOR BIDS IF APPROVED AT PUBLIC HEARING (completed!) ♦ 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. ♦ PAYMENT OPTIONS: 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 guidelines, who are either over 65 years old or disabled. 0 0 C M E M O R A N D U M FOR YOUR INFORMATION April 3. 1996 TO: Property Owners Adjacent to South Grade Road FROM: John P. Rodebere. Director of En2ineerino'Public Works RE: South Grade Road Improvemeut Project (TH 15/-Main Street to Dale Street ) Letting No. 5: Project No. 96 -07 Attached you will find the legal notice for the Assessment Hearing to be held on Tuesday, April 23, 1996 at 6:00 p.m. at Hutchinson City Center. Also attached are copies of the Project Assessment Summary sheet, and last year's Public Hearing information. The following briefly outlines several issues that would be expected to arise. Please contact Cal Rice, Assistant City Engineer, at 234 -4212 if you have any specific questions: • PROJECT CONSTRUCTION The bid is proposed to be awarded to Wm. Mueller and Sons of Hamburg. Our previous experience with this Contractor has been exceptional. We expect construction to begin in mid to late May, depending on federal paperwork and Contractor schedules. The Contract generally includes the following: Traffic Control and Signalization Work Turn lanes, medians and signal work will extend from TH 15 to Merrill Street Storm Sewer Replacement Undersized storm sewer from Dale Street to Sunset Street will be replaced. Watermain Watermain from Steven Street to Merrill Street will be replaced due to corrosion and potential future maintenance problems. Street Replacement All bituminous (black top surfacing) and gravel, and approximately 2 feet of poor soil undemeath, will be removed and replaced. Curb and gutter will only be replaced where removal is necessary for utility construction, and in the area of the Traffic Control and Signalization Work noted. This work is expected to take approximately 3 months. The actual completion time depends on the weather. Contractor scheduling and unexpected site conditions.Durine this period. you can expect the access \ our property to be difficult. B% staging the work and prodding temporan access gravel %%L..re possible. %%e hope to minimize the disturbance. There %%ill be periods %%hen • construction is occurrinu in front of \our properi %. and direct access may not be possible C_ . C, ­ L'l Hr; )saa: S:r,_- Hur(itinson.11.A __ ____ (612)JS -il ;l Far (6/2) 234 -424r r Pwk� d Re r, 9rH) / Sneet Stt H:rr ,hinw il. 111' 7 097 t6 /'1 587 - Far (612) 234 -4240 -Printed nn receded raper - 44P) P,. "er :)peel S11 H1Il C!I1i U';. l(`• = j iiil -'45. (61' - Fax (612) 587.6427 We will be holding weekk meetings with the Contractor. We will also coordinate times to meet • with residents in order to address questions and concerns. You may also contact Cal Rice or m%self anytime. ASSESSMENTS As noted in the Assessment Hearing Information, the residential assessment rate was determined based on actual assessment costs from last %ear, with an adjustment for construction costs. Because this is a Truck Route. the street is wider, and the surface thicker than a standard residential street. Therefore. using a standard residential rate «as determined to be the fairest option. CommerciaUindustrial rates were determined to be unnecessary. Please note that the proposed rate is less than the proposed median rate noted at the Public Hearing. The front footage calculation was based on the footage (length) of the lot adjacent to South Grade Road, according to our records. There were several irregular shaped lots near Dale Street in which the width was adjusted to reflect an appropriate footage. According to City policy, unless a Subdivision Agreement is in effect, comer lots previously assessed will not be assessed again, unless they have over 150 feet of frontage. Based on the Subdivision Agreement and previous assessment practices in Plaza Heights, the adjacent properties were assessed for a 90' lot. Properties not fronting on South Grade Road have paid substantially higher assessments in the past. The proposed assessment approximately reflects the difference in this amount. Hutchinson Mall is assessed based on the original Subdivision Agreement, and the Subdivision • Agreement for Hutchinson Mall Plat 2. According to the Subdivision Agreements, the total assessment for Traffic Control and Signalization can not exceed $40,000. The total cost for this work (from Merrill Street to TH I5) was in excess of $180,000. In addition, an assessment for street reconstruction from Merrill Street to the west property line of the plat is proposed to be assessed at the standard residential rate. All assessments within the Hutchinson Mall and Hutchinson Mall Plat 2 have been spread amongst those specific properties as noted in the Subdivision Agreement. The assessment Interest Rate will be based on the rate of the bond sold by the City. It is expected that this rate will be between 5.5% and 7.0 %. See also the assessment rate information on the attached handout. GE NERAL We understand that going through an improvement project, and being assessed for its costs, can be a difficult experience. We will make every reasonable effort to reduce apprehension and inconvenience. Please note that the condition of the road is such that general maintenance is no longer possible. Without the federal grant, this project would be unfeasible without substantialh higher assessments or other funding options. Please contact Cal Rice at 234 -1212 if ou ha%e am question: • prior to the Assessment Hearing. Thank you for %our consideration. • RESOLUTION NO. 10656 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 5 PROJECT NO. 96-07 Whereas, pursuant to an advertisement for bids for the improvement of South Grade Road from TH 15 South to Dale Street by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, concrete curb and gutter, bituminous base, surfacing, traffic signalization and appurtenances, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Wm. Mueller & Sons, Inc. of Hamburg, MN $582,149.43 Duininck Bros., Inc. of Prinsburg, MN $585,930.27 Bauerly Bros. Corp of Sauk Rapids, MN $663,026.46 and whereas, it appears that Wm. Mueller & Sons, Inc. of Hamburg, MN is the lowest responsible bidder. Now therefore, be it resolved by the City Council of the City of Hutchinson, Minnesota: 1. The mayor and city administrator are hereby authorized and directed to enter into the attached • contract with Wm. Mueller & Sons, Inc. of Hamburg, MN, in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits trade with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 9th day of April, 1996. Mayor City Administrator u • RESOLUTION NO. 10657 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes that a traffic control device known as a "NO PARKING" sign shall be erected at the following location: is On the south side of Century Avenue SE, 100 feet in length, 25 feet east and 75 feet west of the centerline of the Medical Center parking lot entrance. Adopted this 9th day of April, 1996 by the City Council of Hutchinson, Minnesota. Mayor - Marlin Torgerson City Administrator - Gary D. Plotz 0 H: CRESOLUTSRAFCOI i R-ES HUTCHINSON GARDEN CLUB HUTCHINSON, MN 55350 Nahz Ga 7AAi.ue. in ' 95' and Hetp Kux BLLte 4tie., Ativo April 4, 1996 Hutchinson City Council City Center Hutchinson, Mn. 55350 TO: CITY COUNCIL MEMBERS The Hutchinson Garden Club would like to obtain a "USE PERMIT" for a portion of Library Square along the sidewalk on the south side of the Park on Saturday, May 18th, during the hours of 9 AM to 3 PM. The McLeod County Horticultural Society will also be participating in this plant sale for their own special projects. The purpose of this Permit is to have a plant sale to raise funds for Club projects. Members of the Club will have many types of home raised perennials, bulbs and bedding plants available for sale. There will be some gardening supplies also available. • The funds from this sale are used to purchase bedding plants for the flower bed at the intersection of Roberts Road and Dale Street, to purchase seeds to distribute to children at the Bluebird project and at the CityCompost Class. We also are maintaining and upgrading a large flower bed at the Averyon Home on Dale Street. This year we will be purchasing two park benches for the site. The Library Square site is centrally located in the City and easy to find and the Club members think this would be a perfect site for our annual plant sale. our project or need further at this address Roberta Tabberson 12154 Tagus Ave Hutchinson 587 -9101 Si cerely, Roberta Tabberson Treasurer Hutchinson Garden Club • If you have any questions about information, please contact me —4�!. • SUBORDINATION AGREEMENT (Deferred Loan Mortgage) THIS AGREEMENT is made as of this day of April, HUTCHINSON, a Min AGRICULTURAL AND Minnesota (Mortgagee). iesota municipal corporation (the City) in ECONOMIC DEVELOPMENT BOARD, an Preliminary Statement of Facts 1996, by the CITY OF favor of MINNESOTA authority of the State of JME, Inc., a Minnesota corporation (the Corporation) is the owner of certain real property located in McLeod County, Minnesota, legally described on Exhibit A attached hereto and incorporated herein by reference (the Property). The Property is subject to the Deferred Loan Repayment Agreement and Mortgage dated April _, 1996 (the City Mortgage) between the Corporation and the City and given to secure obligations of the Corporation contained therein. The Mortgage was recorded in the office of the McLeod Registrar of Titles on , 1996 as Document No. • Mortgagee has loaned to the Corporation $5,195,000 (the Loan) pursuant to the Loan Agreement (the Loan Agreement) between the Corporation and Mortgagee dated as of April 1, 1996. To secure the performance of the Corporation of its obligations under the Loan Agreement, the Corporation has granted to Mortgagee a Combination Mortgage, Security Agreement and Fixture Financing Statement (the Mortgage) dated as of April 1, 1996, which Mortgage was recorded in the office of the McLeod Registrar of Tides on , 1996 as Document No. Mortgagee requires as a condition to making the Loan that the City subordinate the lien of the City Mortgage to the Gen of the Mortgage. NOW, THEREFORE, in consideration of the foregoing and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the City, the City hereby agrees as follows: I . Subordination of City Mortaace City hereby agrees that the City Mortgage and the Gen thereof and all rights and remedies of the City thereunder are hereby subjected and subordinated and shall remain in all respects and for all purposes subject and subordinate to the Gen of the Mortgage and all amendments, modifications, renewals and extensions thereof and subject to and subordinate in all respects to the lien, rights and interests of Mortgagee and its successors and assigns thereunder, as fully and with the same effect as if the Mortgage had been duly executed, acknowledged and recorded and the indebtedness secured by the Mortgage fully disbursed prior to the execution of the City Mortgage. • E901:977091 1•vn v6 2. Benefited Parties This Agreement shall run for the benefit of Mortgagee and its • successors and assigns under the Mortgage. IN WITNESS WHEREOF, the City has executed this Agreement as of the date first shown above. CITY OF HUTCHINSON, MINNESOTA By Its Mayor Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF McI EOD ) The foregoing instrument was acknowledged before me this day of • 1996 by the Mayor and the City Administrator of the City of Hutchinson, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LINDQUIST & VENNUM (MSM) 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 371 -3211 2 Legal Description or the Property n U Lot 4, Block l in the Second Addition to Hutchinson Industrial District according to the plat thereof Sled with the Registrar of Titles of McLeod County, Minnesota. 40 CITY OF HUTCHINSON INDUSTRIAL DEVELOPMENT LOAN PROGRAK DEFERRED LOAN REPAYMENT AGREEMENT AND MORTGAGE THIS AGREEMENT, made and entered into this _ day of March, 1996 by and between the City of Hutchinson ( "Lender ") and JME, 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 9.171 acres located in 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; WHSREAs, Lender has loaned Thirty six thousand Six Hundred Eight four and no /100 Dollars ($34,684.00), 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 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 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). b. 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 11th year after said date of the loan, t3 • 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 3 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 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 attorney's fees permitted by Law, which costs, charges and fees the Borrower herein . agrees to pay. 9 • 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 be given by mailing such notice by certified P 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 Ija pendens 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 is may, in its sole discretion, agree to extend said termination date M • of said lien by filing for record, on or before said termination date, an agreement in writing with Borrower evidencing such extension. 8. 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. 9. 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 By: Marlin Torgerson, Mayor Attest: Gary Plotz, City Administrator JME, INC. By: Its• STATE OF MINNESOTA ) ) SS • COUNTY OF MCLEOD ) On this day of March, 1996 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 7 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 MINNESOTA ) ) SS COUNTY OF MCLEOD ) On this day of March, 1996 before me, a notary public within and for said county, personally appeared , the JME, Inc., 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 JME, 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 & McDowell 101 Park Place Hutchinson, Mn. 55350 E • SUBORDINATION AGREEMENT (Development Agreement /Declaration) THIS AGREEMENT is made as of this day of April, 1996, by the CITY OF HUTCM NSON, MINNESOTA, a municipal corporation of the State of Minnesota (the City) in favor of MINNESOTA AGRICULTURAL AND ECONOMIC DEVELOPMENT BOARD, an authority of the State of Minnesota and its successors and assigns (Mortgagee). Preliminary Statement of Facts JME, Inc., a Minnesota corporation (the Corporation) is the owner of certain real property located in McLeod County, Minnesota legally described on Exhibit A attached hereto and incorporated herein by reference (the Property). The Property is subject to the Development Agreement (the Development Agreement) dated April , 1996 between the City and the Corporation, which Development Agreement was filed in the office of the McLeod Registrar of Titles on , 1996, as Document No. The Property is also subject to the Declaration of Restrictive Covenants (the Declaration) . dated April , 1996 running in favor of the City, which Declaration was recorded in the office of the McLeod Registrar of Titles on , 1996, as Document No. Mortgagee has loaned to the Corporation $5,195,000 (the Loan) pursuant to the terms and conditions of the Loan Agreement (the Loan Agreement) between the Corporation and Mortgagee dated as of April 1, 1996. To secure the performance of the Corporation of its obligations under the Loan Agreement, the Corporation has granted to Mortgagee, a Combination Mortgage, Security Agreement and Fixture F inancin g Statement (the Mortgage) dated as of April 1, 1996, which Mortgage was filed for record in the office of the McLeod Registrar of Titles on 1996 as Document No. Mortgagee requires as a condition to making the Loan that the City subordinate its liens and rights under the Development Agreement and the Declaration to the Gen of the Mortgage. NOW, THEREFORE, in consideration of the foregoing and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the City, the City hereby agrees as follows: 1. Subordination of Development Agreement The City hereby agrees that the Development Agreement and all rights and remedies of the City thereunder are hereby subjected and subordinated and shall remain in all respects and for all purposes subject and subordinate to the lien of the Mortgage and all amendments, modifications, renewals and extensions thereof and subject to . and subordinate in all respects to the rights and interests of the Mortgagee and its successors and Eao 1:877099 l "IrV% assigns as By and with the same effect as if the Mortgage had been duly executed, acknowledged • and filed for record and the indebtedness secured by the Mortgage fully disbursed prior to the execution of the Development Agreement. 2. Subordination of Declaration City agrees that the Declaration and all rights and remedies of the City thereUnder are hereby subjected and subordinated and shall remain in all respects and for all purposes subject and subordinate to the lien of the Mortgage and all amendments, modifications, renewals and extensions thereof and subject to and subordinate in all respects to the rights and interests of Mortgagee and its successors and assigns thereunder, as fully and with the same effect as if the Mortgage had been duly executed, acknowledged and recorded and the indebtedness secured by the Mortgage fiilly disbursed prior to the execution of the Declaration. 3. Agreements Not Binding on Mortg"Ieg In addition to the other rights granted to Mortgagee hereunder, if Mortgagee acquires title to the Property by means of foreclosure, deed in lieu of foreclosure, or by any other means or manner, then, effective as of the date Mortgagee acquires title to the Property, the Development Agreement and the Declaration shall cease to encumber the Property or any portion thereof and thereafter Mortgagee may own, convey and sell all or any part of its interest in the Property free and clear of the Development Agreement and the Declaration. 4. Benefit of Parties This Agreement shall run for the benefit of Mortgagee and its successors and assigns under the Mortgage. IN WITNESS WHEREOF, the City has executed this Agreement as of the date first shown • above. CITY OF HUTCHINSON, MINNESOTA Its Mayor Its City Administrator • STATE OF MINNESOTA ) ) ss. COUNTY OF McLEOD ) The following instrument was acknowledged before me this _ day of 1996, by the Mayor and the City Administrator of the City of Hutchinson Mimesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LIIdDQUIST & VENNUM (MSM) 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 371 -3211 rI L I] EXHIBIT A • Legal Description of the Property Lot 4, Block 1 in the Second Addition to Hutchinson Industrial District according to the plat thereof filed with the Registrar of Titles of McLeod County, Minnesota. 4 • 0 DEVELOPMENT AGREEMENT DEVELOPMENT DISTRICT NO. 4 UME, INC.) P CITY OF HUTCHINSON, MINNESOTA ralal 7 JME, INC. IWT- 11 9 TABLE OF CONTENTS Section 1.1 Definitions ................. ............................... Section 2.1 By City .......... .. ............. . Section 2.2 By Developer ............... ............................... Section 3.1 Use ........................ ............................... Section 3.2 Declaration of Restrictions .................................. Section 4.1 Construction Plans .......... ............................... Section 4.2 Construction of Minimum Improvements ................... Section 4.3 Certificate of Completion ................................... Section 4.4 Construction of Public Improvements and Assessment of Cost Thereof ............. ............................... Section 5.1 Defense of Claims ........... ............................... Section 5.2 Insurance .................. ............................... Section 6.1 Reimbursement to Developer of Certain Costs ................ Section 7.1 Transfer of Property and Assignment ........................ Section 7.2 Termination of Limitations on Transfer ...................... Section 8.1 Events of Default ............ ............................... Section 8.2 Remedies on Default ........ ............................... Section 8.3 No Remedy Exclusive ...................................... Section 8.4 Waivers .................... ............................... Section 9.1 Conflict of Interests; City Representatives • Not Individually Liable ...... ............................... -i- Section 9.2 Equal Employment Opportunity ............................. • Section 9.3 Restrictions on Use ......................................... Section 9.4 Titles of Articles and Sections ............................... Section 9.5 Notices and Demands ....... ............................... Section 9.6 Term of Agreement ......... ............................... Section 9.7 Counterparts .............................................. Schedule A Development Property Schedule B Project Description Schedule C Description of Public Improvements Exhibit A Certificate of Completion Exhibit B Declaration of Restrictive Covenants 0 9 -ii- 0 DEVELOPMENT AGREEMENT This Agreement is made as of ' 1996, by and between the CITY OF HUTCHINSON, MINNESOTA, a municipal corporation of the State of Minnesota (the "City "), and JME, INC., a Minnesota corporation ( "Developer "). WITNESSETH: WHEREAS, the City has designated a development district in the City denominated Development District No. 4 (the "Development District ") and has approved a development program for the Development District (the "Development Program ") pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134 (the "Act "); WHEREAS, the City has established a tax increment financing district designated as Tax Increment Financing District No. 4 (the "District ") within the Development District and authorized the financing of the Development Program pursuant to a Tax Increment Financing Plan For Tax Increment Financing District No. 4 (the "Financing Plan") pursuant to and in accordance with Minnesota • Statutes, Sections 469.174 through 469.179 (the "Tax Increment Financing Act "); WHEREAS, the City Council of the City (the "City Council ") has authorized and directed the officers of the City to take all actions necessary to implement and carry out the Development Program, subject only to such approval by the City Council as may be required by the Act; WHEREAS, the City has determined that it is necessary, in order to accomplish the purposes specified in and to carry out the Development Program, for the City to reimburse the Developer for certain costs to be paid by the Developer with respect to improvements to be constructed on the property located in McLeod County, Minnesota described in Exhibit A hereto (the "Development Property"); WHEREAS, the City is desirous of contracting with the Developer to improve the Development Property in accordance with the Development Program, as specified in this Agreement; and the Developer is desirous of contracting with the City for this purpose. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: L ARTICLE 1 Definitions Section 1.1. Definitions In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.124 through 469.134. "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented. "Available Tax Increment" means 90% of the Tax Increment received by the City. "Certificate of Completion" means a certification in the form attached as Exhibit A, to be provided to Developer pursuant to this Agreement. "City" means the City of Hutchinson, Minnesota, a Minnesota municipal corporation. "City Council" means the City Council of the City. "Construction Plans" means the plans, specifications, drawings and related • documents for the construction work to be performed by the Developer on the Development Property as a part of the Project, which (a) shall be at least as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans (if any); (4) floor plan for each floor; (5) elevations on all sides; (6) landscape plan, (7) grading plan; and (8) utility plan. "Development Area" means the area included in the Development District. "Development District" means Development District No. 4 designated by the City under the Act. "Developer" means JME, Inc., a Minnesota corporation. "Development Program" means the Development Program for the Development District. "Development Property" means the portion of the Development Area described on Schedule A attached hereto. "Event of Default" means as set forth in Section 9.01 hereof. -2- • "Improvements" means the buildings or other improvements located on the Development Property. "Mortgage" means any mortgage made by Developer which covers, in whole or in part, the Development Property. "Mortgagee" means the owner or holder of a Mortgage. "Net Proceeds" means any proceeds paid by an insurer to Developer and the City under a policy or policies of insurance required under Article 5 and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. "Project" means the acquisition by the Developer of the Development Property and the construction of a concrete building containing a minimum of at least 35,000 square feet, and the construction of site improvements and other improvements of a public nature, all as further described in Schedule B attached to this Agreement. "Plans" means Developer's plans dated February 29, 1996 for the Project prepared by Pope and Associates Incorporated as submitted to the City, with any subsequent amendments approved by the City. • "Public Improvements" means the public improvements to be undertaken by the City pursuant to Minnesota Statutes, Chapter 429 with respect to the Project, the cost of which is to be specially assessed against the Development Property, all as further described in Schedule C to this Agreement. "Restrictions" means the Declaration of Restrictive Covenants set forth in Exhibit B. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. "State" means the State of Minnesota. "Tax Increment" means tax increment received by the City from the Tax Increment District which is attributable only to the ad valorem real estate taxes paid with respect to the Development Property following the issuance of the Certificate of Completion. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "Tax Increment District" means Tax Increment Financing District No. 4 created by • the City pursuant to the Tax Increment Financing Plan. -3- "Tax Increment Financing Plan" means Tax Increment Financing Plan for • Redevelopment Tax Increment Financing District No. 4, as amended. "Unavoidable Delay" means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party's reasonable control, including but not limited to acts of God, governmental agencies, the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within 10 days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within 10 days after the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delav shall not extend performance of any obligation unless the notices required in this definition are given as herein required. Represent2tions and Warranties Section 2.1. By Citv City makes the following representations to is Developer: (a) City is a Minnesota municipal corporation. Under the provisions of the Act, City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Development Project is located within the Development District and the Development Program for the Development District was adopted and approved in accordance with the terms of the Act. (c) The Tax Increment District is a "tax increment district" within the meaning of the Tax Increment Act and was created, adopted and approved in accordance with the terms of the Tax Increment Act. Section 2.2. By Developer Developer represents and warrants that: (a) Developer is a Minnesota corporation duly organized and existing under the laws of Minnesota and is in good standing under the laws of the State. The Developer has full corporate power and authority to execute and deliver this Agreement and this Agreement has been duly authorized, executed and delivered by the Corporation. me • (b) Developer will, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement, and all local, state and federal laws and regulations. (c) Developer has received no notice or communication from any local, state or federal official that the activities of Developer or the City with respect to the Development Property may be or will be in violation of any environmental law or regulation. Developer is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Development Property. (d) Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a breach of, any restriction, agreement or instrument to which Developer is now a party or by which it is bound. (e) The Developer (i) is not in default in the payment of the principal of or interest on any indebtedness for borrowed money; or (ii) is not in default under any instrument or agreement under and subject to which any indebtedness • for borrowed money has been issued. (f) The Developer would not undertake the Project but for the tax increment financing assistance being provided by the City hereunder. (g) No member of the governing body of the City or any other officer of the City has any direct or indirect financial interest in the Developer, the Development Property or the Project. ARTICLE 3 Use of Development Property: Restrictions Section 3.1 JL�g. Developer's use of the Development Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by this Agreement, the Restrictions and all applicable laws, ordinances and regulations. Section 3.2 Declaration of Restrictions Developer shall prepare, execute, and record on the title to the Development Property a Declaration of Restrictive Covenants, substantially in the form set forth as Exhibit B, and shall cause each existing Mortgagee to execute an appropriate instrument in form • satisfactory to the City consenting to and agreeing to be bound by the Restrictions in the event it becomes a record owner of all or a part of the Development Property. -5- ARTICLE 4 • Completion of Project and Construction of Public Improvements Section 4.1 Construction Plans Developer shall submit Construction Plans to the City prior to commencement of the construction of the Project. The Construction Plans shall provide for construction of the portion of the Project consisting of construction in conformity with the Plans, this Agreement, and all applicable state and local laws and regulations. The City shall approve the Construction Plans in writing if no Event of Default has occurred and, in the reasonable discretion of the City, the Construction Plans: (a) substantially conform to the Plans and subsequent amendments approved by the City; (b) conform to the terms and conditions of this Agreement; (c) conform to all applicable federal, state and local laws, ordinances, rules and regulations; (d) are adequate to provide for construction of the portion of the Project consisting of construction; and (e) provide for minimum disturbance to neighboring properties during construction. No approval by the City shall relieve Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to properly demolish the existing buildings or construct the Improvements. No approval by the City shall constitute a waiver of an Event of Default. Any disapproval of the Construction Plans shall set forth the reasons therefor, and shall be made within 30 days after the date of their receipt by • the City. If City rejects the Construction Plans, in whole or in part, Developer shall submit new or corrected Construction Plans within 30 days after written notification to Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by City. (a) Subject to Unavoidable Delays, Developer will complete the Project all in accordance with the Plans and the Construction Plans on or before October 31, 1997. (b) All work with respect to the portion of the Project consisting of construction shall be in substantial conformity with the Construction Plans approved by the City. Developer shall promptly begin the Project and diligently prosecute the Project to completion. Developer shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of Developer with respect to the Project. (c) Developer shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval • -6- • of the City and any private utility company involved. Except for public improvements which are assessable by the City or other governmental body against other benefitted properties, all street and utility installations, relocations, alterations and restorations shall be at Developer's expense and without expense to the City. Developer at its own expense shall replace any public facilities or utilities damaged during the Project by the Developer or its contractors. Section 4.3 Certificate of Completion (a) Promptly after completion of the Project in accordance with this Agreement, Developer will provide the City with a certificate of substantial completion from Developer's architect and the City will furnish Developer with an appropriate Certificate of Completion as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of Developer to complete the Project. The furnishing by the City of the Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any Mortgagee. (b) If the City shall refuse or fail to provide the Certificate of Completion, the City shall, within 15 days after the Developer provides the architect's certificate referenced in Section 4.3(a), provide Developer with a written • statement specifying in what respects Developer has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for Developer to obtain the Certificate of Completion. 4.4 Construction of Public Improvements and Assessment of Cost Thereof By the execution and delivery of this Agreement the Developer hereby petitions the City pursuant to Minnesota Statutes, Section 429.031, subdivision 3, to construct the Public Improvements and to specially assess the entire cost thereof against the Development Property pursuant to Minnesota Statutes, Section 429.061. The City agrees that the interest rate on the deferred installments of the special assessment for the Public Improvements will not exceed 6% per annum, and the assessment, together with interest thereon, shall be payable in equal annual installments extending over a 10 year period. The Developer hereby waives any right to object to or appeal the amount or validity of the special assessments to be levied by the City against the Development Property with respect to the Public Improvements and waives any informality in any proceedings of the City with respect to the ordering of the Public Improvements, the award of contracts for construction of the Public Improvements and the assessment of the cost thereof. • -7- ARTICLE 5 • Defense of Claims; lnsuranCe7 Undemnation Section 5.1 Defense of Claims Developer shall indemnify and hold harmless the City and their respective officers, employees and agents for any loss, damages and expenses (including attorneys' fees) in connection with any claims or proceedings arising from damages or injuries received or sustained by any person or property by reason of any actions or omissions of Developer or its contractors, agents, officers or employees or arising out of or relating to this Agreement or the transactions contemplated by this Agreement, other than claims or proceedings arising from any negligent or unlawful acts or omissions of the City or its contractors, agents, officers or employees. Promptly after receipt by the City of notice of the commencement of any action in respect of which indemnity may be sought against the Developer under this Section 5.1, such person will notify the Developer in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Developer shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to the City, and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Developer. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Developer unless the employment of such counsel has been • specifically authorized by the Developer. The Developer shall not be liable to indemnify any person for any settlement of any such action effected without its written consent. The omission to notify the Developer as herein provided will not relieve it from any liability which it may have to any indemnified party pursuant hereto, otherwise than under this section. Section 5.2 Insurance (a) The Developer shall keep and maintain the Development Property and Improvements at all times insured against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Improvements, and the Developer shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: (1) fire (2) extended coverage perils (3) vandalism and malicious mischief (4) boiler explosion (but only if steam boilers are present) (5) water damage (6) debris removal In • (7) collapse on a replacement cost basis in an amount equivalent to the full insurable value thereof. ( "Full insurable value" shall include the actual replacement cost of the Improvements (exclusive of foundations and footings) without deduction for architectural, engineering, legal or administrative fees or for depreciation.) Insurance in effect with respect to any portion of the Improvements to be renovated or remodeled as a part of the Project prior to the issuance by the City of a Completion Certificate under Section 4.3 hereof with respect thereto shall be maintained on an "all- risk" builder's risk basis during the course of construction. The policies required by this Section 5.2 shall be subject to a no coinsurance clause or contain an agreed amount clause, and may contain a deductibility provision not exceeding $25,000. (b) Policies of insurance required by this Section 5.2 shall assure and be payable to the Developer, and shall provide for release of insurance proceeds to the Developer for restoration of loss. The City shall be furnished certificates showing the existence of such insurance. In case of loss, the Developer is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. The Developer shall annually file with the City a schedule describing all such policies in force, including the types of insurance, names of insurers, policy • numbers, effective dates, terms of duration or any other information the City deems pertinent. Such list shall be accompanied by a certificate executed by the Developer stating that, to the best of the knowledge of the Developer, insurance on the Improvements then in force complies with this Section 5.2. ARTICLE 6 Reimbursement to Developer from Tax Increment Section 6.1 Reimbursement to Developer of Certain Costs In order to reimburse the Developer for infrastructure and land preparation costs paid by the Developer with respect to the Project, the City agrees to pay to the Developer all Available Tax Increment up to an aggregate maximum amount of $225,000. On each February 1 and August 1 following the issuance of the Certificate of Completion the City shall pay to the Developer all Available Tax Increment received to such date by the City and not previously paid by the City to the Developer, until such time as the aggregate amount of such payments equals $225,000; provided that if on such date there exists any delinquencies in the payment of real estate taxes or special assessments with respect to the Development Property, the City shall apply amounts otherwise to be paid to the Developer hereunder to pay delinquent real estate taxes and special assessments, and any amount remaining after such payment shall be paid to the Developer. The Developer acknowledges (i) that the payments to be is made by the City under this Section 6.1 (including any amount applied to pay -9- delinquent real estate taxes and special assessments) are limited to an aggregate • amount of $225,000 and shall be made solely from Available Tax Increment, (ii) that Available Tax Increment is determined solely from tax increment received by the City with respect to the Development Property, and that tax increment received by the City with respect to other property in the Tax Increment District or any other tax increment financing districts of the City does not constitute Available Tax Increment, and the City shall not be obligated to make this payment from any other funds of the City, (iii) no interest is payable on the amounts to be paid under this Section 6.1, and (iv) that neither the full faith and credit nor taxing power of the City is pledged to such payment. The City makes no representation or warranty that the Available Tax Increment will aggregate $225,000 over the remaining term of the Tax Increment District. The Developer shall furnish to the City Finance Director written evidence in a form satisfactory to the City Finance Director of the infrastructure and land preparation costs paid or incurred by the Developer with respect to the Development Property. To the extent that such costs are less than $225,000, the aggregate amount to be paid by the City to the Developer hereunder shall be reduced to the actual amount of such costs. The payments to be made by the City under this Section 6.1 may not be transferred or assigned, in whole or in part, by the Developer without the prior is consent of the City; provided that the Developer may pledge the payments hereunder to a lender for the Project, if prior written notice of such pledge is given to the City and the lender delivers to the City an instrument executed by such lender acknowledging that it has reviewed the terms of this Agreement, that it has sufficient knowledge and experience to evaluate the ability of payments to be made by the City under this Section 6.1, that it has all financial and other information it has requested regarding the Tax Increment District and the tax increment, that the payments to be made by the City under this Section 6.1 are payable solely from Available Tax Increment as provided herein and that the City is not making any representations and warranties as to the sufficiency of Available Tax Increment to make such payments. ARTICLE Section 7.1 Transfer of Property and Assignment Developer has not made and will not make, or suffer to be made, any total or partial sale, assignment, conveyance, lease, mortgage, encumbrance, lien or other transfer, with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, other than the mortgage of the Development Property to secure the Developer's financing of the costs of the • -10- • Project, without the prior written approval of the City. The City shall be entitled to require as conditions to any such approval that: (i) the proposed transferee have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Developer; (ii) the proposed transferee, by recordable instrument satisfactory to the City shall, for itself and its successors and assigns, assume all of the obligations of Developer under this Agreement. No transfer of, or change with respect to, ownership in the Development Property or any part thereof, or anv interest therein, however consummated or occurring and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Development Property and the completion of the Project that the City would have had, had there been no such transfer or change. There shall be submitted to the City for review all legal documents relating to the transfer. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve Developer, or any other party bound in any way by this Agreement or otherwise with respect to the completion of the Project, from any of its obligations with respect thereto. 7.2 Termination of Limitations on Transfer The provisions of Section 7.1 shall terminate at such time as the Certificate of Completion has been issued by the City under Section 4.3 of this Agreement with respect to the Project. ARTICLE 8 Events of Default Section 8.1 Events of Default The following shall be "Events of Default" under this Agreement and the term 'Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events (and the term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an 'Event of Default" hereunder): (a) Failure of Developer to complete the Project as required hereunder. (b) Failure of Developer to furnish the Construction Plans as required hereunder. (c) If the Developer shall fail to observe and perform any other • covenant, condition, obligation or agreement on his part to be observed or performed hereunder or under the Restrictions and such failure shall continue for -11- more than 30 days after written notice of such failure is given by the City to the • Developer. (d) If prior to the issuance of the Certificate of Completion under Section 4.3 hereof, Developer shall admit in writing his inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of his creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Development Property. Section 8.2 Remedies on Default Whenever any Event of Default referred to in Section 8.1 occurs, the City may take any one or more of the following actions: (a) Suspend its performance under this Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under this Agreement. (b) Terminate all rights of Developer under this Agreement. (c) Withhold the Certificate of Completion. (d) Take whatever action at law or in equity may appear necessary or 40 desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 8.3. No Remedy Exclusive No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 8.4. Waivers All waivers by the City, shall be in writing. If any provision of this Agreement is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. -12- C� ARTICLE 9 Additional Provisions Section 9.1 Conflict of Interests City Representatives Not Individually L iable. No member, official, employee, or consultant or employees of the consultants of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, consultant or the consultant's employees or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official, consultant or the consultant's employees, or employee of the City shall be personally liable to Developer, or any successor m interest, in the event of any default or breach by the City or for any amount which may become due to Developer or successor or on any obligations under the terms of this Agreement. Section 9.2 Equal Employment Opportunity Developer, for itself and its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. Section 9.3 Restric on Use Developer agrees for itself, and its • successors and assigns, and every successor in interest to the Development Property, or any part thereof, that Developer, and such successors and assigns, shall devote the Development Property to, and only to and in accordance with, the uses specified in this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 9.4 Titles of Articles and Sections Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. • Section 9.5 Notices and Demands Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally as follows: (a) in the case of Developer, addressed to or delivered personally to Developer at 1050 Westgate Drive, St. Paul, Minnesota 55114 -1631, Attention: Chief Financial Officer; -13- (b) in the case of the City addressed or delivered personally to the City • Administrator at City Center, 111 Hassan Street SE, Hutchinson, Minnesota 55350; or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 9.6 Term of Agreement This Agreement shall terminate upon the payment in full of the payments to be made by the City pursuant to Section 6.1 hereof; provided that notwithstanding the termination of this Agreement, the Restrictions shall remain in full force and effect until terminated in accordance with its terms. Section 9.7. Counterparts This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. A C] -14- • IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. 40 n u CITY OF HUTCHINSON, MINNESOTA By Its Mayor By Its City Administrator JME, INC. By -15- STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 1996, by the Mayor and the City Administrator of the City of Hutchinson, Minnesota, a Minnesota municipal corporation. Notary Public 0 is • -16- • STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1996, by the of JME, Inc., a Minnesota corporation. Notary Public DRAFTED BY: Dorsey & Whitney LLP (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 • • -17- SCHEDULE A • DEVELOPMENT PROPERTY [Insert Legal Description] E A -1 SCHEDULE B PROJECT DESCRIPTION I. SITEWORK • [Insert details] Ii. EXTERIOR • [Insert details] III. STRUCTURE • [Insert details] IV. INTERIORS • [Insert details] V. UTILITIES • [Insert details] 0 SCHEDULE C 9 DESCRIPTION OF PUBLIC IMRPOVEMENTS 0 0 C -1 0 EXHIBIT A CERTIFICATE OF COMPLETION WHEREAS, JME, Inc. ( "Owner ") is the owner of the property in the County of McLeod and State of Minnesota described on Exhibit 1 attached hereto and made a part hereof ( "Property "); and WHEREAS, the Property is subject to the provisions of a certain Redevelopment Agreement (the "Agreement ") dated 1996 by and between Owner and the City of Hutchinson, Minnesota (the "City "); and WHEREAS, Owner has fully and duly performed all of the covenants and conditions of Owner under the Agreement with respect to the completion of the Project (as defined in the Agreement); NOW, THEREFORE, it is hereby certified that all requirements of Owner under the Agreement with respect to the completion of the Project have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions • of the Agreement as they relate to the completion of the Project. All other covenants and conditions of the Agreement shall remain in effect and are not terminated hereby. Dated this _ day of 199_. CITY OF HUTCHINSON, MINNESOTA By Its Mayor 0 • Its City Administrator A -1 STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of j 199 by , Mayor and City Administrator of the City of Hutchinson, Minnesota. Notary Public This Instrument Was Drafted By: DORSEY & WHITNEY LLP (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 0 • • A -2 EXHIBIT B DECLARATION OF RESTRICTIVE COVENANTS This Declaration is made and executed as of the day of 1996 by JME, Inc -, a Minnesota corporation ( "Declarant "). A. Declarant is fee owner of the following described premises located in the County of McLeod, State of Minnesota (the "Property "): [Insert legal description] B. The City of Hutchinson, Minnesota ( "City") has entered into a Development Agreement, dated , 1996 (the "Development Agreement "), with the Declarant. The Development Agreement provides for certain aid and assistance to be provided by the City in connection with the acquisition by the Declarant of the Property and the construction by the Declarant of a manufacturing facility on the Property. Is C. Section 3.2 of the Redevelopment Agreement provides for this Declaration to be executed by Declarant and for this Declaration to be filed of record in the real estate records. NOW, THEREFORE, in consideration of the foregoing and in compliance with its obligations under Section 3.2 of the Redevelopment Agreement, Declarant, for itself, and its successors and assigns, does hereby declare that the Property shall be owned, used, occupied, sold and conveyed subject to the following covenants and restrictions: 1. The Property shall not be exempt from real estate taxes notwithstanding the ownership or use of the Property. 2. The Property shall not be sold, transferred, conveyed or leased to any of the following parties: (a) An institution of purely public charity; (b) A church or ancillan, tax exempt housing; (c) A public hospital; Is (d) A public school district; (e) An organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or (f) A Minnesota cooperative association organized under Minnesota Statutes, Section 308.05 and 308.18 for the purpose of complying with the provisions of Minnesota Statutes, Section 273.133, subdivision 3, or any other party that would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 3. The Property shall not be used for any of the following purposes: (a) The operation of a public charity; (b) A church or house of worship; (c) The operation of a public hospital; (d) The operation of a public schoolhouse, academy, college, university, or seminary of learning; or (e) Any other use which would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 4. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the City, and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the City, and variances may be granted to the covenants and restrictions herein contained by the sole act of the City. These covenants and restrictions shall be enforceable only by the City, and only the City shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained, or to enforce the performance or observance thereof. Allk s 5. The covenants and restrictions herein contained shall remain in effect until April 1, 2026 and thereafter shall be null and void. 6. If any one or more of the covenants or restrictions contained in this Declaration are held to be invalid or enforceable, the same shall in no way affect any of the other provisions of this Declaration, which shall remain in full force and effect. JME, INC. STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this 1996, by the of JME, Inc., a Minnesota corporation. Notary Public a DRAFTED BY: Dorsey & Whitney LLP OPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 EN day of M E M O R A N D U M April 4, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Easement for Railroad Purposes Over Lot 41131ock 1 of the Second Addition to Hutchinson Industrial District This item is related to the proposed purchase of the lot by Impressions, Inc. which is scheduled for April 15. The railroad spur line was consutructed by the City in the late 80's to provide access from Dakota Rail's main rail line to the south of this property to the rail line on the north side of the plat. Since the property was all owned by the City, no easement was apparently ever filed at the County. Barry Anderson, Jeff Rausch of Pellinen Land Surveying, and I will be working on completing the document for the April 9 Council meeting. At this time, the easement will only cover the lot proposed for sale. cc: Barry Anderson, City Attorney Dick Lennes, HCDC file: 2nd Addition to Hutchinson Industrial District City Center I I I 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 ^ r Fax (612) 234 -022 40 7 /!- - Printed on regdedpaper - Police Services 10 Franklin Street SW Hutchinson. MN 55350 -2364 (612) 587 -2242 Fax(612)587-6427 SKETCH & DESCRIPTION PART OF LOT 4, BLOCK I, SECOND ADDITION TO HUTCHINS 141 oo' w Nn. 70 •., n ae .r u, 4. escao noiT�a m wTaissae isouen,r o,sn,n R I — _ _ _ _ _ _ — _ _ — L ea I I I I I I I I to I I I I I I I I I I I I a I I I Aj z' ' LOT 4 I I I is 1 BLOCK I I I I I I I � I I g W I I � I � I I PIP. I.� p 7 I I I I I 1 I 1 I E " I I I I I I .w,. Ile. of Le, 4, eI... I. I north ro L — areal wra�sa isown ut nin _ L. re •,, _j _ to _ MAW lot ar FOR CITY OF HUTCH INSON INDUSTRIAL DISTRICT eecao 4aart,oa To Mnce." „eTS,m I is I DESCRIPTION N 0 !1 !0 /W seo /. ra Ie.r An easement for Railway purposes owr and across part of Lot 4, Block I, SECOND ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT, according to the recorded plat thereof described as follows: ° 15 ~ c 2 {WI I _ W W I ' N I � t W I 3 IE I 3 I J I al ¢ I I I 1 I I I I I I I I I I I I I I u 60.86 Beginning at the northeast corner of said Lot 4 thence North 99 degrees 40 minute, 00 seconds West, assumed beoring, along the north line of slid Lot 4 a distance of 60.79 feet: thence South 0 degrees 04 minutes 41 seconds East 690.01 feet to the south ling of said Lot 4: thence South 89 degrees 40 minutes 00 seconds East, along sold south line, 60.66 feet to the southeast corner of sold Lot 4: thence North O degrees 03 minutes 00 seconds West, along the east line of sold Lot 4, a distance of 690.01 feet to the point of beginning. AREA 41968 SO FT 0.96 ACRES Joe Iq. it it f FF. . EASEMENT THIS INDENTURE, made this 9th day of April, 1996, by and between the City of Hutchinson, a Minnesota municipal corporation ( "Hutchinson ") and Dakota Rail, Inc., a Minnesota corporation ("DAKR "): WITNESSETH: That, for and consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid to the City of Hutchinson, by Dakota Rail, Inc., receipt and sufficiency of which is hereby acknowledged, Hutchinson does hereby grant, bargain, sell, convey and warrant to Dakota Rail, Inc. its successors and assigns, forever, a right of way and easement, with the right, privilege and authority to Dakota Rail, Inc., its . successors and assigns to construct, erect, operate and maintain a railroad, railway tracks and related facilities on, along, over, through, across or under the real estate which is more specifically described on Exhibit " A " which is attached hereto and incorporated as if fully set out herein. Dakota Rail, Inc., its successors and assigns, shall have the right to place, erect, maintain and inspect railroad facilities and services, located within the easement area, adding thereto from time to time, across, through, over or under the above described premises, to cut and remove from said premises on either side any trees or other obstructions which may endanger the safety or interfere with the use of said railroad. Cl , F Hutchinson excepts from this Easement and reserves unto • itself, its successors and assigns, the right to install, construct, repair and maintain certain municipal facilities including but not limited to roads, utility lines, drain pipes, drainage systems, public trail systems, cable television and other telecommunications lines or pipelines of every kind whatever, over, under and across such easement area including the right to grant easements to any and all public utilities to install, construct, repair and maintain such utility lines provided only that such facilities and easement rights do not unreasonably interfere with Dakota Rail, Inc.'s use and enjoyment of the easement granted hereby and Hutchinson further reserves unto itself, its successors and assigns, the right to fully use and enjoy said premises, except for the easement granted to Dakota Rail, Inc. • The rights granted hereunder are subject to any easements, rights of way and encumbrances of any kind or nature whatsoever now existing upon, over, or across the property as described. IN TESTIMONY WHEREOF, the City of Hutchinson has hereunto set its hand the day and year first above written. CITY OF HUTCHINSON By: Marlin Torgerson Mayor Attest: Gary D. Plotz City Administrator is . STATE OF MINNESOTA) SS. COUNTY OF McLEOD ) On this 11th day of April, 1996, 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 ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 Telephone (612- 587 -7575) Attorney I.D. No. 196X 0 C7 C M E M O R A N D U M April 3, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Right -of -Way Certificate for Bluff Street Bluff Street Bridge and Bluff /Adams Street Roadway Improvements Letting No. 3/Proj ect no. 96 -03 and 4 Attached please find "Right -of -Way Certificate No.l" for the above referenced project. This must be aproved and submitted to Mn/DOT prior to Bid Leeting of the proj ect. Please let me know if you have any questions. file: 96/L3 City Center Parks & Recreation Police Services 1I I Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson. MN5:350 -3097 /// Hutchinson, A1N55350 -2464 (612) 587-5151 (612) 587 -2975 /� (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 234 -4240 (J Fax (612) 587 -6427 - Prin red on recycled paper - MH /DITf 70711 (Rev.IM) RIGHT -OF -WAY CERTIFICATE NO. 1 Office of State Aid Department of Transportation State Transportation Building St. Paul MN 55155 Subject: Right- of- WavAcquisition Status Certificate S.P. 133-104-04 Minn. Proj. STP 4395 (138) City of Hutchinson, MN Dear Sir: I hereby certify that the Right -of -Way for S.P. 133- 104 -04, Minn. Proj, STP 4395 (138) for construction of Bluff Street, Municipal State Aid Street No. 133 -104, from Washington Avenue East to Railroad Tracks in the Cm of Hutchinson, has been acquired or the tight to occupy and use the Right -of -Way has been acquired. All property owners have either been paid, or, if in condemnation, the appraised values have been deposited with the Court and are available to all owners. All Right -of -Way acquisition and relocation has been conducted in accordance with applicable Federal and State directives. Number of parcels, including easements, on project: 5 Total Right -of -Way cost: $175.000.00 There was relocation on the Project Number of parcels acquired by condemnation: 0 City- Engineer: John P. Rodeberg, P.E. Date: 3/26/1996 I hereby certify that the Right -of -Way is presently clear of encroachments, and that I will not allow future encroachments to occur. Mayor: Marlin Torgerson � I concur that all Right -of -Way acquisition and relocation has been conducted in accordance with applicable Federal and State directives. Mn/DOT District Right -of -Way Engineer Date t 9' s MEMORANDUM April 5, 1996 To: Mayor & City Council From: Marilyn I Swanson, Administrative Secretary s The Hutchinson VFW Post 906 is requesting reconfirmation of its approved gambling devices license. Although the City of Hutchinson renewed all gambling devices licenses the end of December 1995 for the 1996 year, the State Gambling Board requires proof that the licence is current within a 60 -day period. Attached is the premises permit renewal application which will be signed by the City Administrator. s 1& : - A�ryv�uuuwr � LING PREMISES AUTHORIZATION I EBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS 0 E BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; • ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; • ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. OF CHIEF EXECUTIVE OFFICER DATE 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY ** AND TOWNSHIP ** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3, FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY ** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY• OR COUNTY ** TOWNSHIP** CITY OR COUNTY NAME TOWNSHIP NAME City of Hutchinson, MN SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION W E DATE RECEIVED TITLE DATE RECEIVED City Administrator April 5, 1996 REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 4 1711 N COUNTY RD B - SUITE 300 S /G '7 ROSEVILLE, MN 55113 West STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION LG214PPR PRINTED:01 /02/96 FOR BOARD USE ONLY AMT PAID CHECK NO _ DATE LICENSE NUMBER: B -02942 -001 EFFECTIVE DATE: 07/01/94 EXPIRATION DATE: 06/30/96 NAME OF ORGANIZATION: VFW Post 906 Aux Hutchinson GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED VFW Post 906 247 lot Ave SE Hutchinson 55350 COUNTY No Leod IS THE PREMISES LOCATED WITHIN THE CITY LIMITS ?: Y DOES YOUR ORGANIZATION OWN THIS SITE ?: No IF NO, LIST THE LESSOR: VFW Post 906 247 lot Ave SE Hutchinson MN 55350 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): SQUARE FEET PER MONTH: 52 SQUARE FEET PER OCCASION: 0 LESSOR INFORMATION AMOUNT PAID FOR RENT PER MONTH: 8 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 247 lot Ave SE Hutchinson MN 55350 Citizens Bank Q Trust Cc 102 Main St S Hutchinson NN 55350 GAMBLING BANK ACCOUNT NUMBER: 069083 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST $350.00 RETAEU "ON SALE" *tote of Ainnegota, COUNTY 0jr. licLnaa Cit encchl city ocil City d . Hutcbinaon Tothe .....- ......... C .. it ... C .-.. .. .......................ot' the...- .................... ............................ ..........................State of Minnesota: H USKIE BASE ASSO horeby appl.iea for a license for the term from ...... - _._..._._ -- -day of ._.JAaY..— .__— ..-- ..----- - -._., 18 to sell At Retail Only, Non - Intoxicating Malt Liquors, as the same ars defined by law, far oonsamption "ON" tlo oatain premises in the__ __.... . a .__..._B ChinHOn dear'ibed as follows, VETERANS MEMORIAL FIELD AND ROBERTS PARK THE DATES OF AUG. 10 -11 AND AUG. 16,17,18 at whleh place, said appliaant__.operata.. -the business of._...._. GONG. ESg. E .QN&-- .__...__.__.__...___. —__— and to that end represent .... and state. -as follows: That said applicant ...._..ia- a.-- _. —..._. ollir f the United Stara+; of food moral oharacter and repute; and ha°_.- attalned the aft of 21 years; that_HUKU5......1}QA the establishment for which the license will be issued if this application is framed. That w manufacturer of such wo intaricatinf malt ligrwn has any ownsrshtp, in whole or w part, in said bueinm of said applicant--or any interest therein; That said applicant...._ ,akc.__this application pursuant and subject to all the taros of the State of Minnesota and the ordinances and refuiottwu of -- ___..— _ applicable thereto, which are hereby made a part hereof, and hereby afne.__to obsome and obey the same; Aecossaend approval. Driver's lciense I.D. required for purchase. L_ Q . a Madeon, Police (blef Each applicant further states that Jte is not now the holder of, nor has —he made application for, nor does Ju intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intuximling liquor. 0 Dated..__ Z P. O. /o - -A, Cj I\,—_ 1, / / Ih.�kt r ���.: rib f�Cy�uL 61 io F i a �s 9� q� -; 110 lj7 (3 S >q� /. APR 9 -1996 ^1 V. 1 vJ 0 TO: All residents of Country Club Terrace FROM: The Managers DATE: March 2,3, 1994 RE: HOUSEKEEPING CHECKLIST After a recent inspection, we have derived a list of ite: ^s that are in reed of attention. Plea<_e see to it that these items are taken care of. 1) Skirting is completely in place. 2) Doors & windows fixed (not with duct tape or plastic) 3) Decks are in good repair (no broken railings or stairs) 4) Yardsarecleaned of debris (this includes disposal of all large pieces of garbage, as well as NO overstuffed furniture in yard at any time!!) 5) Snowmobiles are parked in BACK of yard. 6) All flat tires are fixed. Cars must be in running condition!! 7) No vehicles parked on grass. If you have more than 2 vehicles, empty pads are available for $15.00 a month. d) Old tires to be stored underneath the trailer. 9) No dogs it kennels or tied out all day. Again, we're asking that these items are attended to immediately. We will be performing weekly inspections from this point on to assure that there is compliance with the rules and regulations of their lease. Anyone found not in compliance will be issued a warning. Any questions, please contact us during office hours at 5a7 -2060. Sincerely, John & Elizabeth Hallahan Managers cc: Bill Block Owner 0 OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM page 1 ----- ------------------ 1185 IMPRO.BDS - ------ ----- -- ----------------- FIRST TRUST - - - - - --------- - ------------- PAYMENT & ADMIN FEES --- $646.25 --- - - -- < *> $646.25* IMPRO.BDS AM.NATIONAL BANK INTEREST $159,600.00 k < > $159,600.00• 1990 TICB MAXIMUM TECHNOLOGIES ENVIRON CONSULT - GRNDWATER MONT $319.00 < *> $319.00* 1990 TIDS AM.NATIONAL BANK PRINCIPAL $145,031.25 < *> $145,031.25* BURNS MANOR DS AM.NATIONAL BANK INTEREST $74,218.75 < *> $74,218.75* CAP.IMPRO.FUND FAYE & DAVE'S UPHOLSTERY UPHOLSTER OFFICE CHAIR $136.95 LOGIS MARCH SUPPORT $20,713.11 MINNICK PAINTING, GENE PAINTING HALL, OFFICE, STAIR $850.00 QUADE ELECTRIC REPAIR & PARTS $724.66 < *> $22,424.72* CENTRAL GARAGE AG SYSTEMS TIP FLOOD, NOZZLE, BDY QJ, $26.75 BRANDON TIRE CO DISMOUNT, MOUNT & BALANCE $122.61 CARQUEST AUTO PARTS SUPPLIES $634.87 CITY OF HUTCHINSON APRIL MEDICAL $432.09 COAST TO COAST MARCH SUPPLIES $30.58 COKATO SALVAGE GAS TANK, STRAPS $31.95 CROW RIVER AUTO OIL CHANGE, REPLACE SENSOR $82.86 FITZLOFF HARDWARE SAW, KEYS $54.57 FORTIS BENEFITS APRIL LTD $18.86 G & K SERVICES UNIFORMS $54.51 HOLT MOTORS INC PARTS $21.34 HUTCH COOP CENEX TIRE REPAIR $109.04 HUTCH FIRE & SAFETY 2 ABC FIRE EXTINGUISHERS $47.93 HUTCH IRON & METAL STEEL SURP. $12.57 • HUTCHINSON WHOLESALE MARCH SUPPLIES $252.25 JERABEK MACHINE SERV BOLTS & NUTS $8.88 MID CON SYSTEMS INC ENVIRO LUBE $109.36 MN DEPT OF REVENUE STROBE LIGHTS $35.98 MN MUTUAL LIFE APRIL LIFE $6.72 PLOWMANS REPARE 1993 FORD K -9 $497.94 POSTAGE BY PHONE MARCH POSTAGE $6.40 SCHMELING OIL CO SEALER $6.39 STEWARD ENTERPRISES HYDRAULIC BOOSTER ,599.00 TERMINAL SUPPLY CO CHEMICAL SPRAY $66.10 ZIEGLER INC BOLTS, NUTS $357.86 < > $3,127.41• CITY HALL CONST. GENERAL OFFICE PRODUCTS CO DELIVERY CHARGE $450.00 < > $450.00* ENERGY LOAN FD CITIZENS BANK CLOSING COSTS $10.00 COUNTY RECORDER MISCELLANEOUS $721.50 < *> $731.50* GENERAL FUND AAGARD WEST APRIL RECYCLING $814.22 ALLEN OFFICE PROD ERASER, DICTIONARY $203.09 ALLIED SERVICES OF HUTCHINSON THERMOSTAT REPLACEMENT $113.87 AMERICINN MOTEL ROOM CHARGE FOR SKATER $135.56 ARNOLD & MCDOWELL MARCH COMPENSATION $6,666.00 ARNOLD'S OF GLENCOE PARTS TO REPAIR ALLEY DRAG $30.35 BAASEN, EUGENE REIMB FOOTWEAR $59.99 BCA /TRAINING & DEVELOPMENT REG -STEVE MOGARD $510.00 BENNETT OFFICE SUP. SERVICE CONTRACT $65.26 BERNICKS PEPSI COLA DEPOSIT /RETURN $163.36 BONESTROO ROSENE ANDERLIK & AS PROFESS SERVICES -CIVIC ARENA $87.75 BRANDON TIRE CO TIRE REPAIR $15.50 LJ 11-4 OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM page 2 ----------------- --- ------- ----- --- ------ - - - -- -- GENERAL FUND BRINKMAN STUDIO - --- --- ----- ---- ---- ---- --- - - - -- PHOTO FINISHING -- - --------------- $6.37 BROWNS FLORAL CLAY POTS, & PLANTS $30.42 BUS. RECORDS CORP. BUSINESS FORMS $139.00 BUSINESSWARE SOLUTIONS • CORD, PLUG $371.40 CARNEYS CRAFT SUPPLIES $8.47 CARR FLOWERS PLANTS- NICHOLE KLOSS 21.30 CASH WISE COFFEE ,74.75 CDI OFFICE PRODUCTS LTD OFFICE SUPPLIES $150.08 CENTURY LABS WEED KILLER $2,173.96 CHAMPION AUTO BED MAT $83.04 CITY OF HUTCHINSON COBRA - MATTSFIELD $29,778.19 COAST TO COAST MARCH SUPPLIES $1,224.78 COMM TRANSPORTATION HANGAR LOAN PAYMENT $700.00 COMSTOCK DAVIS INC PROFESS SERVICE -LOT SURVEY $302.77 COUNTRY KITCHEN PRISIONER MEALS $20.66 COUNTY RECORDER DUE FROM HRA- FILING FEES $78.00 CROW RIVER AREA QUALITY COUNCI MARCH SESSION - KEN MERRILL $10.00 CROW RIVER AUTO ALTERNATOR REPLACEMENT $719.65 CROW RIVER VET CLINIC BOARDING $244.47 DEPT NATURAL RESOURCES DNR REG FEES $678.00 DIRECT SAFETY CO GOGGLE $5.33 DOSTAL, ROSA 1 HOUR INTERPRETOR SERVICES $15.00 EIGEN, TRACIE SKATING INSTRUCTOR $57.75 ERICKSON OIL PROD FUEL $23.02 ERLANDSON, DAVID MILEAGAE $281.64 EWERT JR., DICK 12 HOURS SNOW REMOVAL $640.50 FAMILY REXALL DRUG STAMP $39.40 FESTIVAL FOODS OPERATING SUPPLIES $293.65 FITZLOFF HARDWARE BULBS $119.57 FORTIS BENEFITS APRIL LTD $1,413.73 G & K SERVICES UNIFORMS $654.00 GEMPLER'S INC GLOVES,JACKET,GOGS,EARMUFFS $86.15 GENERAL OFFICE PRODUCTS CO PALM RESTS $95.85 GIESE, RICK BROOMBALL OFFICIAL $60.00 GOV FINANCE OFFICERS ASSC MEMBERSHIP DUES $140.00 GRAND CASINO SR CENTER TOUR $300.00 GREAT PLAINS SUPPLY 2 X 10 STUDS - FOR PICNIC TBLS $913.43 GRINA, LISA REIMB FOR OFFICE SUPPLIES $14.78 GUARDIAN PEST CTL PEST CONTROL $24.81 HAASL, JAMES REIMB FOR LICE SHAMPOO $108.23 HANSEN GRAVEL LANDFILL $123.25 HCVN -TV TAPE $3.00 HEMMAH, KATHY SR CTR INSTRUCTION FEE $50.00 HILLYARD FLOOR CARE / HUTCHINSON CLEANERS, DUSTING CLOTH $256.60 HOLIDAY INN - BLOOMINGTON HOTEL CHARGES $144.00 HUTCH COMM HOSPITAL HEP B VAC $259.50 HUTCH COOP CENEX FUEL -MARCH $4,342.28 HUTCH FIRE & SAFETY BRACKET & INSTALL, EXTING TEST $89.68 HUTCH FIRE DEPT RELIEF ASSC. ADDITIONAL PAYMENT $1,000.00 HUTCH PLBG & HTG CO REPAIRS TO RESTROOMS 72.25 HUTCH PUBLIC SCHOOLS COFFEE & COOKIES 29.90 HUTCH TECH COLLEGE FLIP FRAME TRANS $88.00 HUTCHINSON LEADER MARCH ADS $2,464.30 HUTCHINSON TEL CO APRIL PHONE $4,304.99 HUTCHINSON WHOLESALE MARACH SUPPLIES $20.15 IACP REG- CRIMINAL INVESTIGATIONS $855.00 INDIANHEAD SPECIALTY CO SELF -INK DATER $38.99 INK SPOTS RSVP CARDS $231.30 JACK'S UNIFORMS & EQUIPMENT 4 TRAFFIC WANDS $32.55 JANOUSEK'S CAFE MEALS $13.15 JERABEK MACHINE SERV STEEL, BENCH TOP LABOR $52.47 JERESEK, GREGORY J. RECRUITMENT VIDEO $5,585.00 JONES, CHARLES MEALS, MILEAGE,,LODGING $547.19 JOSE COLE CIRCUS OVERPAYMENT OF GATE RECEIPTS $117.75 • F C ADAPTIVE REC MEALS $231.26 • MART POLAROID FILM, TYLENOL $72.98 KALENBERG FARMS 9 1/2 HOURS SNOW REMOVAL 3e0.00 KILLIAN,ERIC REFUND FOR FOOTWEAR 100.00 KIRBY SERVICE CENTER ROLLER, BELT $60.60 LAW ENFORCE EQUIP SHIPPING CHARGES $102.00 LEAGUE OF MN CITIES MARCH DEDUCTIBLE BILLINGS $18,316.87 LENNES, RICHARD MARCH COMPENSATION $2,292.78 LIMBERIS, CHRIST N. TRANSCRIPT $313.90 LOGIS MARCH SUPPORT $5,528.55 MAINTENANCE ENGINEERING 13W WHITE GOBE $588.68 MANKATO SECTIONAL FIRE & RESCU REGISTRATION FOR ALL STUDENTS $200.00 L J OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM page 3 --------------------- GENERAL FUND - -------- - -------- --- ---------------- MARCO SUS.PRODUCTS - - - --- - ------- ----------- EASEL, CROSSBAR $139.78 -------- - MARK I OF NORTH AMERICA TIME PLAN, OUTLINE, EXP SHT $146.24 MCGARVEY COFFEE INC COFFEE, HOT CHOCOLATE $80.30 MIDWEST CABLEVISION APRIL SERVICE $5.21 MIKE'S MOBIL BAIT & TACKLE SOLVENT, PATCHES, BRUSHES $33.35 MINNCOMM PAGING MARCH RENT & SERVICE $114.12 MINNESOTA AIRPORT SYMPOSIUM REG -DOUG MEIER $90.00 MINNESOTA AMERICAN PLANNING AS REG - BONNIE 13AUMETZ $35.00 MN DEPT OF REVENUE BOOKS $44.42 MN ELEVATOR INC. ELEVATOR SERVICE $65.00 MN MUTUAL LIFE COBRA- LIFE- MANGAN $514.50 MN REC & PARK ASSC VOLLEYBALL TEAMS $272.00 MOON, DOLF MEALS $17.97 MUELLER, DAVE LODGING, MEALS, PARKING $137.37 MURPHY GRANITE CARVING CIVIC ARENA BLDG PLAQUE $670.00 MUSIC STORE, THE SPEAKER CABLE $10.65 NATIONAL ARBOR DAY FOUNDATION ANNUAL MEMBERSHIP $15.00 NATL FIRE PROTECTION ASSC SUBSCRIPTION RENEWAL $44.50 NORTHLAND BUSINESS SYSTEMS CONFERENCE MICROPHONE $3.00 PETERSON BUS SERVICE COACHS TO GLENCOE, DAYTONS $525.00 PIONEERLAND LIBRARY SYSTEM QTR 2 OPERATION FEE $18,591.50 PITNEY BOWES INC POSTAGE METER RENTAL $307.03 PIZZA HUT OF AMERICA INC PIZZA $37.90 POSTAGE BY PHONE MARCH POSTAGE $979.55 PRO COMMUNIQUE NEWSLETTER -APRIL ISSUE $200.00 QUADE ELECTRIC SIREN REPAIR, LABOR $338.64 R & T SPECIALTY INSTRUCTOR EMBLEM $4.00 RESPOND SYSTEMS SAFETY SUPPLIES $233.55 RICE, CAL MEALS $5.62 ROCKMOUNT RESEARCH TARTAN B $87.07 RODEBERG, JOHN MEALS, PARKING $161.89 RUNNING'S SUPPLY GARB CAN, CRUSHER, WASTEBASKET $388.92 SALLY'S GIFT & FLOWER HOUSE PLANT BASKET & DELIVERY $33.30 SCHMELING OIL CO KEROSENE $386.81 SCHMELING, LEROY CABINET INSTALL PER BID $2,772.19 SCHNOBRICH, MARK LODGING $52.19 SEVEN WEST WASH & DRY LAUNDRY $11.92 SHARE CORP CHEMICALS & PRODUCTS $517.13 SHOPKO - FLAG $9.57 SICKMANN, STEVEN MEALS, LODGING $312.38 • SORENSEN FARM SUPPLY SOUTHAM BUS COMM NECK TAG CONSTRUCTION BULLETINS $22.57 $779.55 STANDARD PRINTING COPY POLICY & PROCED MANUAL $755.72 STATE TREASURER 1ST QUARTER SURCHARGES $423.27 STOTTS, CASEY LODGING, REGISTRATION, PERDIEM $218.58 STRATEGIC MORTGAGE SERVICES CREDIT REPORT CHARGE $20.00 SWANSON, MARILYN - MAGAZINE, VIDEO TAPES $13.73 TEK MECHANICAL REPAIR HUMIDIFICATION SYSTEM $209.99 TEMPLETON INC MARCH EMPLOYER CONTRIB $365.41 TREADWAY GRAPHICS PENCIL, RULERS, STICK PEN 69.65 TRI CO WATER COND SALT 15.66 TRIPLE G DISTRIBUTING INC MARCH POP PURCHASE -REC CTR 36.00 TWO WAY COMM INC BATTERY, CASE, CLEANING $228.81 UNIFORMS UNLIMITED UNIFORM SHIRT $648.71 UNITED BLDG CENTERS 36" SWEEP ALACR $20.74 URBAN COMMUNICATIONS RENTAL EQUIP -ICE SHOW $1,369.06 US WEST COMMUN APRIL SERVICE $207.21 USI INC OPTI CLEAR LAM POUCH $81.75 VERSA -VEND VENDING INC VENDING MACHINE SNACKS $115.32 VOSS LIGHTING 1500 WATT METAL HALIDE BULBS $1,346.00 WAHL, ORVIS SHEET METAL $182.11 WAL -MART T SHIRTS $87.88 WENDT'S SOFTNER SERVICE SOFTNER REPAIR & LABOR $70.65 WHOLESALE SUPPLY COMPANY BULLETIN BOARD $71.97 < *> $135,630.93* HAT -FAC. CONST. STEPPINGSTONE GALLERY FRAMING $62.99 < *> $62.99* HOUSING REDEV CUMMINS &, GERALD CARPENTRY WORK $3,400.00 < *> $3,400.00* ?UTCH TRANS FA_ AG SYSTEMS STRAINER NOZZLE $4.60 0 OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM page 4 - ------------- - HUTCH TRANS FAC. ----------------------- --- ----- COAST TO COAST - -------- -- ------ ---------- --- ---------- MARCH SUPPLIES - $6.79 -------- -- G & K SERVICES UNIFORMS $153.94 GLOBAL COMPUTER SUPPLIES LABELING MACHINE, LABELS $256.42 HUTCHINSON TEL CO APRIL PHONE $256.83 K MART ORGANIZER, GEMINI $21.28 NORTHERN HYDRAULICS RAPID REEL, & HANDCRANK HOSE $966.93 POSTAGE BY PHONE MARCH POSTAGE $0.96 QUADE ELECTRIC PARTS FOR WORK BENCH $40.36 STORAGE EQUIPMENT WALLMOUNT, SHELF $1,020.80 WITTE SANITATION MONTHLY SERVICE $63.37 < *> $2,792.28* - NSURANCE FUNDS CREATIVE PROMOTIONS SHIRTS, SHORTS, PEDOMETER $44.71 < *> $44.71* LIBRARY FUND DS AM.NATIONAL BANK INTEREST $62,193.75 < *> $62,193.75* LIQUOR STORE AAGARD WEST APRIL PICKUP $45.20 AM.LINEN SUPPLY CO WEEKLY DELIVERIES -MARCH $115.36 BERNICKS PEPSI COLA MARCH POP PURCHASE $184.59 CARR FLOWERS PLANT -NEIL WEGNER $15.98 CDI OFFICE PRODUCTS LTD OPERATING SUPPLIES $15.25 CITY OF HUTCHINSON LOTTERY PAYMENT $2,274.18 CITY OF HUTCHINSON - GENERAL FUN PAYROLL 3/29/96 $6,165.04 COAST TO COAST NUTS BOLT SCREWS, S HOOK $2.10 ED PHILLIPS & SONS CO. MARCH WINE RETURN $2,382.06 FAMILY REXALL DRUG FOLDERS $13.31 FESTIVAL FOODS COVERS $7.80 FORTIS BENEFITS APRIL LTD $35.68 FRIENDLY BEVERAGE CO MARCH BEER PURCHASE $892.70 GRIGGS COOPER & CO MARCH WINE PURCHASE $7,740.51 HENRYS FOODS INC MARCH TOBACCO PURCHASES $2,025.94 HERMEL WHOLESALE MARCH TOBACCO PURCHASES $408.77 HUTCHINSON LEADER MARCH ADS $717.27 HUTCHINSON TEL CO APRIL PHONE $143.48 JOHNSON BROTHERS LIQUOR CO. MARCH LIQUOR PURCHASE $2,429.15 R D U Z LEAGUE OF MN CITIES MARCH ADS QTR 2 WORK COMP $45.00 $272.96 LEHMANN FARMS MISC PURCHASE - MARCH $248.22 LENNEMAN BEVERAGE DIST. INC MARCH BEER PURCHASE $4,248.25 LEO'S TRANSFER MARCH 2ND HALF SHIPPING $596.03 LOCHER BROS INC MARCH BEER PURCHASE $13,770.30 MN MUTUAL LIFE APRIL LIFE $12.60 POSTAGE BY PHONE MARCH POSTAGE $14.40 PRO MAINTENANCE SCRUB & WAX $281.16 QUALITY WINE & SPIRITS CO. APRIL LIQUOR PURCHASE $7,700.49 STANDARD PRINTING WINE CLUB CARDS $66.34 TRI CO WATER COND WATER BOTTLES $36.89 TRIPLE G DISTRIBUTING INC MARCH BEER PURCHASE $20,823.35 VIKING COCA COLA MARCH POP PURCHASE $28.80 < *> $73,759.16* RURAL F. D. BRODD, JIM RURAL MILEAGE -1996 QTR 1 $27.25 EMANS, BRAD RURAL MILEAGE -1996 QTR 1 $22.75 HOESCHENS, DUANE RURAL MILEAGE -1996 QTR 1 $5.50 HOMAN, ED RURAL MILEAGE -1996 QTR 1 $15.25 HUTCH COOP CENEX FUEL $65.63 HUTCH PUBLIC SCHOOLS COPIES & TRANSPARANCIES $4.30 NIES, JEFF RURAL MILEAGE -1996 QTR 1 $11.25 PESSEK, TOM RURAL MILEAGE -1996 QTR 1 $2.00 PRECHT, BRUCE RURAL MILEAGE -1996 QTR 1 $5.25 RECKOW'S MEALS -TOWN BOARD $320.37 REDMAN, RANDY RURAL MILEAGE -1996 QTR 1 $3.00 SCHRAMM, STEVE RURAL MILEAGE -1996 QTR 1 $7.75 STEELE, DAN RURAL MILEAGE -1996 QTR 1 $11.50 TWO WAY COMM INC MPCP, WIRE $61.61 < > $563.41+ .:,=R /SEWER FUND AAGARD WEST APRIL SERVICE $26,509.14 ABM EQUIPMENT & SUPPLY 3000 PSI GAUGE $116.20 0 OPEN -HOLD COUNCIL REPORT TUE, APR 9, 1996, 1:29 PM ------------------------------------------------ WATER/SEWER FUND BRO -TEX INC. BUSINESSWARE SOLUTIONS CARQUEST WISE AUTO PARTS CASH WISE CDI OFFICE PRODUCTS LTD CITY OF HUTCHINSON COAST TO COAST CURTIN SCIENTIFIC CO DEVRIES, RANDY ELECTRIC MOTOR CO FEED RITE CONTROLS FESTIVAL FOODS FIRST TRUST FORTIS BENEFITS G & K SERVICES GOPHER STATE INC HUTCH COOP CENEX HUTCHINSON LEADER HUTCHINSON TEL CO HUTCHINSON WHOLESALE IMPERIAL PORTA THRONES INFRATECH INK SPOTS JEFF'S ELECTRIC L & P SUPPLY CO LEAGUE OF MN CITIES LOGIS MACQUEEN EQUIP INC MAS PRODUCTION MN DEPT OF REVENUE MN MUTUAL LIFE MN VALLEY TESTING LAB NORTHERN WATER WORKS SUPPLY NOTCH'S METALS OLSONS LOCKSMITH POSTAGE BY PHONE QUADE ELECTRIC RESPOND SYSTEMS RUNNING'S SUPPLY SANIFILL INC STANDARD PRINTING TEK MECHANICAL TEXTILE ENGINEERING ASSC TRI CO WATER COND UNITED BLDG CENTERS WATER ENVIRONMENT FED WESTERN AUTO < h DISPENSER HP SYSTEMS, PRINTERS SUPPLIES COFFEE OFFICE SUPPLIES APRIL MEDICAL MARCH SUPPLIES DILUTION BOTTLES MEALS BEARINGS, INSTALL & CLEAN ACID HYDROFLUOSIL FOOD COLORING PRINCIPAL APRIL LTD UNIFORMS FEB SERVVCE FUEL MARCH ADS APRIL PHONE MARCH SUPPLIES RENTAL 1 UNIT MARCH LINK -PIPE REPAIR, INSTALL PAPER FUSE, LABOR -OUR SAV LIFT STN SERVICE CALL QTR 2 WORK COMP MARCH SUPPORT HOSE GUID, LEADER, RADIAL BULL COMPOSTING VIDEO PROJECT TENSIONING VALVE APRIL LIFE WATER TESTS GENERATOR ELECTRODES, LABOR LOCK REPAIR, 2 KEYS MADE MARCH POSTAGE REPLACE FUSES IN AIR COMPRESS HYDROSEP BACTER TUBING, TAPE, ADAPTERS LOADS FOR 3/11 TO 3/15 CHAIR, SET ARMS MATERIAL SALE TENSIONING VALVE SALT SINKERS, ANGLE SQUARE OPER DIVIS, CENT STATES WEA SOCKET, RACHET, PLIER SET page 5 --------------- - --- $85.86 $10,151.57 $28.74 $16.11 $5.72 $4,266.71 9 143.03 109.13 $41.00 $83.86 $374.26 $13.84 $184,471.25 $200.14 $261.67 $3.50 $600.92 $314.00 $617.34 $114.30 $49.52 $4,835.00 $431.74 $32.00 $7,566.53 $1,551.09 $1,689.22 $524.33 $875.00 $25.96 $70.35 $100.00 $1,560.95 $61.00 $90.16 87.69 47.40 $158.30 $43.58 $3,653.36 ,$149.19 $17.79 $399.44 $15.66 $148.03 $6.00 $42.36 $252,759.94* $937,756.05* 0 IMMEDIATE PAY COUNCIL REPORT TUE, APR 9, 1996, 1:30 PM page 1 ----------------------------------------------------------------------------------- GENERAL FUND DEPT NATURAL RESOURCES DNR FEES TO BE SENT TO STATE I.A.P.E. REGISTRATION -BARB MATHWIG O QUOR STORE PAYROLL FUND CITY OF HUTCHINSON LOTTERY PAYMENT HOME BREWERY, THE MARCH MISC PURCHASE JORDON BEVERAGE INC. MARCH BEER PURCHASE LENNEMAN BEVERAGE DIST. INC MARCH BEER PURCHASE LOCKER BROS INC MARCH BEER PURCHASE PAUSTIS & SONS MARCH WINE PURCHASE QUALITY WINE & SPIRITS CO. MARCH LIQUOR PURCHASE TRIPLE G DISTRIBUTING INC MARCH MISC POP PURCHASE AETNA VARIABLE LIFE ASS GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA- D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT WATER /SEWER FUND MOTOR VEHICLE TRANSFER PAYROLL FUND MN DEPT OF REVENUE 1991 Medical Facilities Rev. CO. EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EXCISE TAX & LIC -1996 FORD EXP WITHHOLDING TAX Bond /Interest --------------- - 693.00 275.00 968.00* $606.00 $736.01 $1,030.85 $4,176.35 $5,167.30 $562.95 $2,166.84 $8,149.65 $22,597.95* $690.00 $100.00 $158.93 $2,323.45 $52.02 $155.00 $318.46 $15,017.58 $248.46 $150.00 $31,244.23 $50,458.13* $1,434.44 $1,434.44* $75,458.52* $5,982.41 $227,116.63 0 Meeting Minutes City of Hutchinson Employee Safety Committee March 28, 1996 Present: Jim Ford, Dick Nagy, John Arlt, Floyd Groehler, Doug Johnson, Gale Boelter. Ron Carter, Eldon Barkiem, Hazel Sitz. The meeting started with a report from Jim Ford about purchasing of safety shoes from Bruce Christenson of Carlv's Shoes. Literature has been distributed to all departments as to selection and prices. Next on the agenda was discussion of the first draft of the City's safety manual. After a fair amount of discussion by the group it was the consensus that the manual was going in the right direction and members of the committee would forward in writing to Tom Kloss any changes they would like to see and the sub committee would meet again to make the changes. There was also discussion as to how the manual would be presented to department directors and employees. Software has been purchased for the individual departments to put together their specific safety programs. It will possibly be available on the City network. Is Their was discussion by some members that some of the department supervisors seemed to have a non - supportive attitude toward the workings of the safety committee. It was felt that perhaps more communication was needed to these people as to the workings of the safety committee. John Arlt reported that the bloodborne pathogens control kits were being distributed. He also showed a selection of safety glasses available through Respond. Last item of discussion was the possible purchase of CPR safety shields for the people who took the CPR course. The people could purchase them for their own use. Next meeting is April 25, 1996, 10:00 a.m. at City Center. 11 I ts: 03131196 T1ae: ',1:14%31 Page: 1 Item code Description DEPTNO -) 1 (LIQUOR) Cant 916 Subtotal % -) DEPTNO -) 2 (BEER) Count 560 Subtotals -) DEPTX -) 3 (NINE) Count 864 Subtotals-) DEPT' 5 (ICE) Count 3 Subtotals-) DEPT)O -) 9 (RENT4(.: Cant ; Subtoals-) DEPTNO --T 10 (TOBACCO PRODUCTS) c t at 197 S:btotals-) --> 90 (MISC BEER) ) 1 Subtotals-) DEPTND -) 91 (MISC LIQUOR) Count 1 Subtotals - DEPTNO -) 92 (MISC MINE) Count 1 Subtotals -> DEPTNO -> 93 (MISC 6.51() Count 324 Subtotals -) Count 2868 Totals --) is 'LIQUOR HUTTCH* YTO Sales Report Extended Cls Q-O-N cost Qt', Sorts: DEPTNO Ranges: DEPTNO Summary: Yes - Year to Oats Sales -- -- -- Cost Markelawns Sales Profits SP % 19222 134524.76 15925 123762.04 79;.6 52214.36 29151 165372.09 14;0; 54666.55 8849 33294.21 596 101.70 13 1057 1617.39 ^11 - 6272.94 4261 680.:.91 3713 5273.69 a:faaasa aseaameaua maammala aaaaaammaa 46597 255026.97 615% 354046.67 1712.65 157451.17 33664.13 21.4 785,76 237559.19 52167,10 22.0 ;147.87 49546.86 ;6252.65 32.5 754.04 652.34 66.5 130.00 130.00 100.0 - 121.72 - 8316.30 204L36 24.6 trrtt star ttttr 83.13 7433.48 2159.79 29.1 uuauas uuaaaass meaam saase arise 3851.13 461191.04 107094.37 23.2 Date: 03/71/96 Tien: 11:12:23 Paget I itas code Description DEPTNO -) 1 (LIQil7R) Cocas 916 Subtotals -7 DEPTNO -) 2 (BEER) Count 560 Subtotals -) DEPTNO - -> 3 (WINE: Cunt 864 Subtotals -) DEP'YO -> 5 (M Court 3 Subtotals - -> DEPTNO - -) 9 (RENTAL) Cunt 1 Subtotals -) DEPTNO -) 10 (TOBACCO PFf(1d1 M Count ,97 Subtotals-) DEPTNO -) 90 (Misr BEER) Count I Subtotals --) DEPTMO -> 91 (MISC LIQLM awns 1 Subtotals ) DEPTNO -> 92 (MISC WINE) Count 1 Subtotals- -) OEPTM -) 93 (MISC 6.5 %) Count 324 Subtotals -> count Me Totals - -) 'LIQUOR HU CW MTD Sales Report On Extended - ---- Cl; ordr Q cost Qty Sorts: DEPTNO Ranges: DEPTNO 9Aury: Yes -- Month to date sales Cost Markdowns Sales Profits SP % Ir"M 139524.76 5471 42825.44 637.38 � AM.05' 11767.6: 21.6 79E 5214.36 10571 68463.27 358.68 87598.62 19135.3.5 21.8 1410: 54666.55 3156 11709.50 483.99 17477.75 5768125 w.0 235 39.60 290.65 251.05 86.4 8 80.00 -- 80.00 10010 1057 _ 1817-39 -- 1110 - 2261.47 67.12 - 2956.53 647.06 wrrr 4281 6810;.91 1370 1881.20 35.36 2604.04 r 772,84 27.8 - _sx__a_ sxxssxssasx •sxxssas •_xx_x__2_ is_x_Eaq 2*5=gsixx gssixsxpin sx_x_ 46.597 255026.97 21951 127180.48 1582.53 16560a'.64 38012.16 23.2 t