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cp04-24-1990 cHUTCHINSON CITY CALENDAR SUNDAY MONDAY -22- -23- SECRETARIES WEEK APRIL 22-28 Z J 6 WEEK OF April 22 TO April 28 1990' WEDNESDAY -2s- 10:00 A.M. - Directors Me at City Hall 5:00 P.M. - Park & Recreatio Board Meeting at Library Conferen Room THURSDAY -26- 4:00 P.M. - Nursing Home Boa Meeting at Burns Manor FRIDAY -27- TUEY 2 2:00 P.M. - Open Bids at City Hall for Farm Land Rental And G.O. Tax Increment Bonds 7:30 P.M. - City Council Meetin at City Hall SATURDAY -28- AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 24, 1990 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Thor Skeie, Faith Lutheran Chruch 3. Consideration of Minutes - Regular Meeting of April 10, 1990 and Bid Openings of April 9, April 17 and April 18, 1990 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - March 1990 2. Planning Commission Minutes - March 20, 1990 3. Sr. Advisory Board Minutes - February 21, 1990 & March 21, 1990 4. CAER Committee Minutes - April 11, 1990 5. Nursing Home Board Minutes - March 12, 1990 (b) Renewal of Non - Intoxicating Malt Liquor Licenses Action - Motion to order report and minutes filed and issue licenses 5. Public Hearing - 8:00 P.M. (a) Modification of Tax Increment Program And Creation of New Tax Increment Redevelopment District for Shopko Project Action - Motion to close hearing - Motion to reject - Motion to approve 1 CITY COUNCIL AGENDA - APRIL 24, 1990 6. Communications, Requests And Petitions (a) Consideration of Request for Jaycee Water Carnival Permits: 1. Parade Permit 2. Dance Permit 3. Fireworks Permit 4. Permission to close streets and use Library Square Action - Motion to reject - Motion to approve and issue permits and waive fees and rentals (b) Consideration of Request for Non - Intoxicating Liquor License And Set -Up License for Jaycee Water Carnival, June 16 -17, 1990 Action - Motion to reject - Motion to approve and issue license and waive fee (c) Consideration of Request for City Donation to Jaycee . Water Carnival Action - (d) Presentation of Rules And Regulations Relating to Connection of Water And Sewer Services By Director of Engineering Action - (e) Presentation On Dakota Rail By New Owners Eli Mills And Kimberly Hughes Action - 7. Resolutions And Ordinances (a) Resolution No. 9235 - Resolution For Purchase Action - Motion to reject - Motion to waive reading and adopt 2 0 CITY COUNCIL AGENDA - APRIL 24, 1990 (b) Ordinance No. 90 -18 - An Ordinance Of The City Of Hutchinson, Minnesota, Amending City Code Section 2.70 Disposal of Abandoned Motor Vehicles, Unclaimed Property And Excess Property; And By Adopting By Reference, City Code Chapter 1 And Section 2.99 Which, Among Other Things, Contain Penalty Provisions Action - Motion to reject - Motion to waive first reading and set second reading May 8, 1990 8. Unfinished Business (a) Consideration of Purchase Agreement for German Shepherd Dog for City of Hutchinson Police Department Action - Motion to reject - Motion to approve and enter into contract (b) Consideration of Ordering Preparation of Assessment Roll 256 And Setting Assessment Hearing for Letting No. 2, Project No. 90 -08 Action - Motion to reject - Motion to approve roll preparation and hold hearing - Motion to waive readings and adopt Resolutions No. 9226 & No. 9227 9. New Business (a) Consideration of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service (b) Consideration of Request By Hutchinson School District For Repair /Replacement Of Glen Street Between Second Avenue S.W. And Washington Avenue Action - (c) Consideration of Awarding Bid for Bond Issue of $1,175,000 Action - Motion to reject - Motion to approve and award sale - Motion to waive reading and adopt Resolution 0 3 CITY COUNCIL AGENDA - APRIL 24, 1990 is (d) Consideration of Awarding Bid for Farm Land Rental Action - Motion to reject - Motion to approve and enter into contract (e) Consideration of Temporary Loan of $70,000 To Burns Manor Nursing Home Action - Motion to reject - Motion to approve loan (f) Consideration of Unactivated Deferred Assessments On Water And Sewer for Mr. & Mrs. James Chalupsky Action - (g) Consideration of Awarding Contract for Letting No. Action - Motion to reject - Motion to waive reading (h) Consideration of Awarding Action - Motion to reject into contract Bid And Entering Into 3, Project No. 90 -19 Motion to approve contract and adopt Resolution No. 9242 Fuel Contract - Motion to approve and enter (i) Consideration of MN /DOT Agreement for T.H. 15 North Project Action - Motion to reject - Motion to approve and enter into agreement and adopt Resolution (j) Consideration of Ordering Preparation of Assessment Roll 257 And Setting Assessment Hearing for Letting No. 3, Project No. 90 -09, 90 -10, 90 -11, 90 -12 Action - Motion to reject - Motion to approve roll preparation and hold hearing - Motion to waive readings and adopt Resolutions No. 9240 & No. 9241 (k) Consideration of Conditional Use Permit Requested By 3M Co. for Solvent Recovery System And Tank Farm In Floodway with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive readings and adopt Resolutions 9236 & 9237 4 0 CITY COUNCIL AGENDA - APRIL 24, 1990 (1) Consideration of Variance Requested By Dave Klopp to Reduce 6' Setback for Garage Addition with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9238 (m) Consideration of Conditional Use Permit Requested By Dave Klopp with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9239 (n) Consideration of Final Plat of Bachman's First Addition (Two Mile Radius) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (o) Consideration of Temporary Signs Requested By Jerry Brown, Brown's Floral, with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (p) Consideration of Sign Request By Hutchinson Ambassadors with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve 10. Miscellaneous (a) Communications from City Administrator il. Claims. Appropriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adiournment 0 5 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 10, 1990 1. The meeting was called to order at 7:30 P.M. by Mayor Ack- land. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Thor Skeie. 3. MINUTES The minutes of the regular meeting of March 27, 1990, spe- cial meetings of April 2, 1990 and April 3, 1990, and bid opening of April 3, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1990 2. PARKS & RECREATION BOARD MINUTES - JANUARY 31, 1990 3. AIRPORT COMMISSION MINUTES - MARCH 26, 1990 (b) APPOINTMENTS TO BOARDS AND COMMISSIONS: 1. SENIOR ADVISORY BOARD - REUBEN HOLMAN AND RUBY KRUEGER 2. CITY TREE BOARD - SCOTT PETERSON 3. LIBRARY BOARD - DELORES BRUNNER, BILL SCHERER, ROXANNE WIGEN, KRISTIN MCGRAW, AND AUDREY TOP The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order re- port and minutes filed and ratify appointments. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 255 - LETTING NO. 1, PROJECT NO. 90 -04 1 IN CITY COUNCIL MINUTES - APRIL 10, 1990 Mayor Ackland called the hearing to order and read Publication No. 4100. No one was present to be heard. The motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to close the hearing at 8:03 P.M. Alderman Torgerson meet Roll No. 255, ing Company in the readings and adopt Motion seconded by ried. moved to approve and adopt Assess - to award contract to Juul Contract - amount of $58,520.55, and to waive Resolutions No. 9222 and No. 9223. Alderman Mlinar and unanimously car- 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO HOLD MEMORIAL DAY PARADE AND MEMORIAL SERVICE ON MAY 28, 1990 Following discussion, Alderman Mlinar moved to approve the request. Motion seconded by Alderman Erickson and unanimously carried. (b) DISCUSSION OF CORRESPONDENCE FROM LOUIS F. BRUNNER REGARDING CITY RIGHT -OF -WAY Mr. Louis Brunner commented on the letter he received from the Building Official. Following discussion, no action was taken. (C) REQUEST FROM OPTIMIST CLUB TO USE LIBRARY SQUARE ON APRIL 21, 1990 FOR GREEN -UP CLEAN -UP DAY Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the request. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9230 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. E 2 0 CITY COUNCIL MINUTES - APRIL 10, 1990 (b) RESOLUTION NO. 9231 - A RESOLUTION ACCEPTING $137,500 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9232 - AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM MARQUETTE BANK OF HUTCHINSON, MINNESOTA The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF VARIANCE REQUESTED BY SHERMAN BUSCHOW WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (FROM MARCH 27, 1990 MEETING) Following discussion, Alderman Mlinar moved to approve the unfavorable recommendation of the Planning Commis- sion. Motion seconded by Alderman Torgerson and car- ried four to zero, with Alderman Erickson abstaining from voting. The motion was made by Alderman Mlinar to approve a 40' setback for variance from Shady Ridge Road and to waive reading and adopt Resolution No. 9234. Motion seconded by Alderman Lenz and carried four to zero, with Alder- man Erickson abstaining from voting. 9. NEW BUSINESS (a) CONSIDERATION OF ENTERING INTO SHORELAND GRANT AGREEMENT WITH DNR Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to approve and enter into agreement. (b) CONSIDERATION OF BUILDING PERMIT POLICY Following discussion, Alderman Torgerson moved to ap- prove the change of policy. Motion seconded by Alder- man Mlinar and unanimously carried. 3 CITY COUNCIL MINUTES - APRIL 10, 1990 0 (c) CONSIDERATION OF PURCHASE AGREEMENT FOR GERMAN SHEPHERD DOG FOR CITY OF HUTCHINSON POLICE DEPARTMENT Following discussion, Alderman Torgerson moved to defer to the next Council meeting. Motion seconded by Alder- man Erickson and unanimously carried. (d) CONSIDERATION OF SGT. RON KIRCHOFF ATTENDING NATIONAL PEACE OFFICERS MEMORIAL DAY SERVICE IN WASHINGTON, D.C. Following discussion, the motion was made by Alderman Torgerson to approve. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF RECOMMENDATION BY CITY SOLID WASTE MANAGEMENT COMMITTEE FOR RECYCLING PROGRAM Following discussion, Alderman Mlinar moved to defer. Motion seconded by Alderman Lenz and unanimously car- ried. (f) CONSIDERATION OF BIDS FOR CITY FIRE MARSHALL VEHICLE The motion was made by Alderman Erickson to approve and award bid to Wigen Motor Company in amount of $9,300. Motion seconded by Alderman Mlinar and unanimously car- ried. (g) CONSIDERATION OF 1989 WATER /SEWER FUND REIMBURSEMENT TO GENERAL FUND Following discussion, Alderman Torgerson moved to approve the fund transfer. Motion seconded by Alderman Lenz and unanimously carried. (h) CONSIDERATION OF CONSULTANT STUDY FOR MUNICIPAL AIRPORT IMPROVEMENTS Dave Skaar, Mark Lopac and Dennis Kahl represented the Airport Commission in presenting the proposed airport improvements and consultant study by TKDA. Following discussion, the motion was made by Alderman Mlinar to approve the contract with consultant TKDA, not to exceed $9,000. Motion seconded by Alderman Lenz and unanimously carried. 4 0 CITY COUNCIL MINUTES - APRIL 10, 1990 (i) CONSIDERATION OF DELAYING PROJECTS NO. 90 -01 AND NO. 90 -02 UNTIL 1991 Following discussion, Alderman Torgerson moved to ap- prove the delay of projects until 1991 and waive read- ings and adopt Resolutions No. 9228 and No. 9229. Mo- tion seconded by Alderman Mlinar and unanimously car- ried. (j) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 2, PROJECT NO. 90 -08 Following discussion, Alderman Torgerson moved to defer until the numbers are available. Motion seconded by Alderman Erickson and unanimously carried. (k) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR LETTING NO. 4, PROJECT NO. 90 -03, AND ADVERTISING FOR BIDS Following discussion, Alderman Mlinar moved to approve the plans and specifications, to advertise for bids on May 21, 1990, and to waive reading and adopt Resolution No. 9225. Motion seconded by Alderman Erickson and unanimously carried. (1) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR LETTING NO. 5, PROJECT NO. 90 -05, 90 -06, 90 -07, 90 -13, 90 -14, 90 -18 AND ADVERTISING FOR BIDS Following discussion, the motion was made by Alderman Torgerson to approve plans and specifications, to ad- vertise for bids on May 7, 1990, and to waive reading and adopt Resolution No. 9224. Motion seconded by Ald- erman Mlinar and unanimously carried. (m) CONSIDERATION OF ESTABLISHING AMOUNT OF BOND ISSUE OF $1,175,000 AND SET BID OPENING DATE OF APRIL 24, 1990 Bond Consultant Bill Fahey presented the bond issue for the Shopko project. Following discussion, Alderman Mlinar moved to approve and set the bid date for April 24, 1990 and to waive reading and adopt Resolution No. 9233. Motion seconded by Alderman Torgerson and unani- mously carried. 5 CITY COUNCIL MINUTES - APRIL 10, 1990 (n) CONSIDERATION OF SETTING PUBLIC HEARING FOR AMENDMENTS TO DEVELOPMENT PROGRAM AND FINANCE PLAN FOR DEVELOPMENT DISTRICT NO. 4 AND APPROVAL OF TAX INCREMENT FINANCING PLAN Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve a hearing on April 24, 1990 at 8:00 P.M. (0) CONSIDERATION OF SITE PURCHASE AGREEMENT WITH SHOPKO City Attorney Anderson reviewed the proposed contract with Shopko. Alderman Torgerson moved to approve and enter into agreement. Motion seconded by Alderman Mlinar and unanimously carried. (p) CONSIDERATION OF RECOMMENDATION FOR USE OF TAX INCREMENT FINANCING MONIES FOR DEVELOPMENT OF PARKING LOT Following discussion, Alderman Mlinar moved to approve Motion seconded by Alderman Torgerson and unanimously carried. (q) DISCUSSION OF OPTIONS FOR NEW TRANSIT VEHICLE Following a presentation by Transit Coordinator Sitz and Supervisor Meier, the Council decided to look at a van in the City of New Ulm. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM JOE WESLEY Mr. Joe Wesley presented seven questions regarding the Shopko project. The City Attorney stated he would pre- pare answers to the questions. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported he was working on ranking the top ten Council priorities for 1990. Mr. Plotz stated there were 172 verified names as reg- istered voters from the 307 signatures on the initia- 0 u 0 rl • CITY COUNCIL MINUTES - APRIL 10, 1990 tive petition for Sunday liquor. Since there must be 221 valid registered signatures, based on the past May- or's election, there is an insufficient number of 49 signatures. However, the provision under Section 5.05 of the City Charter provides the supporting committee 30 days to file additional signatures. It was reported that the City was on the County Board agenda this afternoon regarding the proposed amendments to the downtown District No. 4. The County unanimously approved the downtown project and gave support to the City's efforts. (c) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz inquired about the status of the lottery ticket sales. He also commented about the options on the property for the Shopko project and felt the City Attorney should proceed on it. It was reported that Hwy. 7 East business people held a meeting last night. The concerns expressed were lack of information from the City on the project, signage and poor business accessibility during construction. After discussion, the City Engineer was directed to set up another meeting with MN /DOT and City staff to dis- cuss this issue. (d) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar made reference to a letter received from the Country Club Terrace regarding a water prob- lem. He suggested sending a reply to the letter. (d) COMMUNICATIONS FROM ALDERMAN MARLIN Alderman Torgerson commented on the Burger King letter which was recently received by the City. (e) COMMUNICATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson stated that the Shopko project has the favorable approval of the general public. (f) COMMUNICATIONS FROM CITY ATTORNEY 0 7 CITY COUNCIL MINUTES - APRIL 10, 1990 . Attorney Anderson reported that the trailers from the Midwest Trailer Court were sold at public auction last Friday. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on a request to post a sign. The Police Chief, Street Department and Engin- eering did not feel it was needed. Therefore, the party making the request will be notified of this de- cision. (h) COMMUNICATIONS FROM BOND CONSULTANT Consultant Bill Fahey clarified that Section 2 and Sec- tion 3 in Resolution No. 9213, which was adopted on March 15, 1990, were deleted from the content of the hospital resolution. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS . The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M. 8 0 MINUTES BID OPENING MONDAY, APRIL 9, 1990 The meeting was called to order at 2:00 P.M. by City Administra- tor Gary D. Plotz. Also present: Director of Engineering John Rodeberg, Asst. Engineer Cal Rice and Administrative Secretary Marilyn Swanson. The reading of Publication No. 4093, Advertisement for Bids, Letting No. 2, Project No. 90 -08, was dispensed with. The fol- lowing bids were opened and read: Duininck Bros., Inc. Prinsburg, MN $379,012.68 Wm. Mueller & Sons, Inc. Hamburg, MN 374,441.54 The bids were referred to the Director of Engineering for review and a recommendation. The meeting adjourned at 2:05 P.M. 0 MINUTES BID OPENING TUESDAY, APRIL 17, 1990 The meeting was called to order at 2:00 P.M. by City Administrator Gary D. Plotz. Also present: Director of Engineering John Rodeberg and Administrative Secretary Marilyn Swanson. The reading of Publication No. 4099, Advertisement for Bids, Letting No. 3, Project No. 90 -09, 90 -10, 90 -11, and 90 -12, was dispensed with. The following bids were opened and read: Wm. Mueller & Sons, Inc. $313,166.80 Hamburg, MN Duininck Bros., Inc. 358,221.55 Prinsburg, MN The bids were referred to the Director of Engineering for review and a recommendation. The meeting adjourned at 2:03 P.M. 6�' L MINUTES BID OPENING WEDNESDAY, APRIL 18, 1990 The meeting was called to order at 2:00 P.M. by Engineer John Rodeberg. Also present: Finance Director Kenneth B. Merrill, Supervisor Larry Karg and Administrative Secretary Marilyn Swanson. The reading of Publication No. 4103, Advertisement for Bids, Let- ting No. 9, Project No. 90 -19, was dispensed with. The following bids were opened and read: Bergman Companies, Inc. Eau Claire, WI $14,420.00 Bargen, Inc. Mt. Lake, MN 15,260.00 Highway Services, Inc. Rogers, MN 27,580.00 Sioux Falls Surface Seal, Inc. Sioux Falls, S.D. 13,440.00 Action Enterprises Suamico, WI 21,420.00 The bids were referred to the Director of Engineering for review and a recommendation. The meeting adjourned at 2:07 P.M. 0 J IF FEBRUARY CITY OF HUTCHINSON FINANCIAL STATEMENT - 1990 FEBRUARY REOJE REPORT - GENERAL FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE 154,200.00 MONTH -FEB. DATE ACTUAL BUDGET REMAINING USED TAXES (11,228.54) 15,930.83 1,518,179.00 1,502,248.17 1.0% LICENSES 824.00 1,030.00 18,950.00 17,920.00 5.4% PERMITS AND FEES 18,358.73 20,518.79 91,300.00 70,781.21 22.5% INTER - GOVERNMENT REVENUE 39,287.00 39,287.00 1,476,380.00 1,437,093.00 2.7% CHARGES FOR SERVICES 14,557.79 45,986.27 532,699.00 486,712.73 8.6% FINES & FORFEITS 2,384.35 4,391.33 45,500.00 41,108.67 9.7% MISCELLANEOUS REVENUE 11,229.71 20,912.19 122,600.00 101,687.81 17.1% CONTRIBUTIONS FROM OTHER FUNDS 0.00 2,000.00 426,000.00 424,000.00 0.5% REVENUE FOR OTHER AGENCIES 1,689.51 1,826.37 250.00 (1,576.37) 730.5% TOTAL 77,102.55 151,882.78 4,231,858.00 4,079,975.22 3.6% EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 2,236.16 10,164.32 36,476.00 26,311.68 27.9% CITY ADM. /CITY CLERK 11,203.66 32,634.88 154,200.00 121,565.12 21.2% ELECTIONS 0.00 975.00 7,230.00 6,255.00 13.5% FINANCE 12,668.53 74,028.36 237,955.00 163,926.64 31.1% MOTOR VEHICLE 5,491.68 14,724.09 70,835.00 56,110.91 20.8% ASSESSING 0.00 0.00 20,700.00 20,700.00 0.0% L 3,000.00 6,016.00 41,000.00 34,984.00 14.7% PL ING 350.74 704.54 7,800.00 7,095.46 9.0% CITY HALL 3,161.25 7,926.45 43,021.00 35,094.55 18.4% RECREATION BUILDING 3,483.14 7,645.76 58,382.00 50,736.24 13.1% POLICE DEPARTMENT 77,417.49 189,355.86 914,916.00 725,560.14 20.7% FIRE DEPARTMENT 4,490.62 17,160.04 109,560.00 92,399.96 15.7% SCHOOL LIAISON OFFICER 2,260.17 2,468.92 25,213.00 22,744.08 9.8% BUILDING INSPECTION 4,543.56 11,559.99 64,493.00 52,933.01 17.9% EMERGENCY MANAGEMENT 0.00 0.00 7,698.00 7,698.00 0.0% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE MARSHALL 3,696.44 9,611.79 47,965.00 38,353.21 20.0% ENGINEERING 26,324.29 45,604.59 234,057.00 188,452.41 19.5% STREETS & ALLEYS 31,897.18 65,500.31 399,123.00 333,622.69 16.4% STREET MAINTENANCE A/C 5,184.67 11,834.02 73,100.00 61,265.98 16.2% LIBRARY" 847.93 16,368.25 68,996.00 52,627.75 23.7% SENIOR CITIZEN CENTER 4,696.91 10,114.79 81,291.00 71,176.21 12.4% PARR /REC. ADMIN. 7,376.17 17,580.17 99,496.00 81,915.83 17.7% RECREATION 6,553.66 15,578.07 159,947.00 144,368.93 9.7% CIVIC ARENA 12,301.02 28,590.75 109,753.00 81,162.25 26.1% PARK DEPARTMENT 23,661.49 62,025.43 428,262.00 366,236.57 14.5% CEMETERY 2,867.19 7,006.56 51,708.00 44,701.44 13.6% COMMUNITY DEVELOPMENT 2,459.06 7,310.44 32,170.00 24,859.56 22.7% CELEBRATE 1990 GRANT 0.00 0.00 0.00 0.00 ERR DEBT SERVICE 1,500.00 3,000.00 53,287.00 50,287.00 5.6% AIRPORT 88,956.81 155,343.65 53,387.00 (101,956.65) 291.0% TWIT 7,678.25 20,287.88 129,784.00 109,496.12 15.6% E: COUNCIL 96.27 132.27 14,642.00 14,509.73 0.9% S.C.D.P. COORDINATRO 2,870.65 19,202.88 33,589.00 14,386.12 0.0% UNALLOCATED 28,847.57 31,648.74 361,570.00 329,921.26 8.8% TOTAL 388,122.56 902,104.80 4,231,856.00 3,329,751.20 21.3% I FEBRUARY 4t EVENUE REPORT - LIQUOR FUND ENTERPRISE FUNDS CURRENT YEAR TO MONTH DATE ACTUAL 59.- T - IRTMI ADOPTED BALANCE PERCENTAGE BUDGET REMAINING USED LIQUOR SALES 31,564.44 64,019.76 435,000.00 370,980.24 WINE SALES 7,973.30 15,496.33 151,000.00 135,503.67 BEER SALES 44,835.00 91,399.86 701,400.00 610,000.14 BEER DEPOSITS (47.78) (298.46) 0.00 298.46 MISC. SALES 2,490.96 4,965.78 40,895.00 35,929.22 INTEREST 428.65 649.45 6,500.00 5,850.55 REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 CASH DISCOUNTS (89.81) (103.96) (2,100.00) (1,996.04) TOTAL EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES SUPPLIES, REPAIR & MAINTENANCE OTHER SERVICES & CHARGES MISCELLANEOUS CAPITAL OUTLAY TRANSFERS OST OF SALES THER TOTAL REVENUE REPORT - WATER SEWER /FUND 87,154.76 176,128.76 1,332,695.00 1,156,566.24 10,925.72 27,711.09 140,959.00 187.06 209.35 2,800.00 388.61 1,070.29 37,200.00 107.59 107.59 6,000.00 0.00 0.00 0.00 0.00 0.00 110,000.00 68,052.76 135,598.54 1,017,400.00 0.00 (3,200.00) 113,247.91 2,590.65 36,129.71 5,892.41 0.00 110,000.00 881,801.46 (3,200.00) 14.7% 10.3% 13.0% 10.0% 13.2% 19.7% 7.5% 2.9% 1.8% 0.0% 0.0% 13.3% 0.0% 79,661.74 164,696.86 1,311,159.00 1,146,462.14 12.6% FEDERAL GRANTS 205,507.52 0.00 0.00 0.00 WATER SALES 39,031.11 75,643.27 516,400.00 440,756.73 WATER METER SALES 210.00 350.00 6,500.00 6,150.00 REFUSE SERVICES 38,283.50 69,212.31 441,203.00 371,990.69 REFUSE SURCHARGE 1,171.07 1,171.07 0.00 (1,171.07) SEWER SERVICES 124,409.87 246,666.18 1,388,400.00 1,141,733.82 PENALTY CHARGES 2,282.35 3,274.46 11,000.00 7,725.54 INTEREST EARNED 0.00 0.00 160,000.00 160,000.00 REFUNDS & REIMBURSEMENTS 104.62 318.62 8,000.00 7,681.38 OTHER 15.00 7,464.75 2,000.00 (5,464.75) 0.0% 14.6% 5.4% 15.7% 17.8% 0.0% 0.0% 0.0% 373.2% TOTAL 205,507.52 404,100.66 2,533,503.00 2,129,402.34 16.0% EXPENSE REPORT - WATER SEWER /FUND EFUSE 41,992.70 83,190.50 452,300.00 369,109.50 18.4% ATER 42,504.74 65,748.05 1,019,479.00 953,730.95 6.4% SEWER 48,946.95 154,328.40 1,658,117.00 1,503,788.60 9.3% WASTE TREATMENT PLANT CONSTRUCT. 1,989.84 1,989.84 0.00 (1,989.84) TOTAL 135,434.23 305,256.79 3,129,896.00 2,824,639.21 9.8% MARCH CITY OF HUTCHINSON FINANCIAL STATEMENT - 1990 MARCH A NUE REPORT - GENERAL FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE MARCH DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 15,930.83 1,518,179.00 1,502,248.17 1.0% LICENSES 5,030.00 6,060.00 18,950.00 12,890.00 32.0% PERMITS AND FEES 5,513.57 26,032.36 91,300.00 65,267.64 28.5% INTER - GOVERNMENT REVENUE 9,278.99 48,565.99 1,476,380.00 1,427,814.01 3.3% CHARGES FOR SERVICES 26,653.01 72,639.28 532,699.00 460,059.72 13.6% FINES & FORFEITS 3,165.86 7,557.19 45,500.00 37,942.81 16.6% MISCELLANEOUS REVENUE 12,599.47 33,511.66 122,600.00 89,088.34 27.3% CONTRIBUTIONS FROM OTHER FUNDS 87,000.00 89,000.00 426,000.00 337,000.00 20.9% REVENUE FOR OTHER AGENCIES (1,795.11) 31.26 250.00 218.74 12.5% TOTAL 147,445.79 299,328.57 4,231,858.00 3,932,529.43 7.1% EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 2,658.53 12,822.85 36,476.00 23,653.15 35.2% CITY ADM. /CITY CLERK 10,422.19 43,057.07 154,200.00 111,142.93 27.9% ELECTIONS 1,441.77 2,416.77 7,230.00 4,813.23 33.4% FINANCE 19,027.60 93,055.96 237,955.00 144,899.04 39.1% MOTOR VEHICLE 5,389.04 20,113.13 70,835.00 50,721.87 28.4% AsSING 0.00 0.00 20,700.00 20,700.00 0.0% L 3,000.00 9,016.00 41,000.00 31,984.00 22.0% P NING 243.98 948.52 7,800.00 6,851.48 12.2% CITY HALL 2,519.69 10,446.14 43,021.00 32,574.86 24.3% RECREATION BUILDING 3,638.33 11,284.09 58,382.00 47,097.91 19.3% POLICE DEPARTMENT 75,470.88 264,826.74 914,916.00 650,089.26 28.9% FIRE DEPARTMENT 7,523.16 24,683.20 109,560.00 84,876.80 22.5% SCHOOL LIAISON OFFICER 2,286.02 4,754.94 25,213.00 20,458.06 18.9% BUILDING INSPECTION 2,975.98 14,535.97 64,493.00 49,957.03 22.5% EMERGENCY MANAGEMENT 0.00 0.00 7,698.00 7,698.00 0.0% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE MARSHALL 3,268.86 12,880.65 47,965.00 35,084.35 26.9% ENGINEERING 14,972.33 60,576.92 234,057.00 173,480.08 25.9% STREETS & ALLEYS 17,977.78 83,478.09 399,123.00 315,644.91 20.9% STREET MAINTENANCE A/C 4,171.70 16,005.72 73,100.00 57,094.28 21.9% LIBRARY 14,969.21 31,337.46 68,996.00 37,658.54 45.4% SENIOR CITIZEN CENTER 5,092.38 15,207.17 81,291.00 66,083.83 18.7% PARK /REC. ADMIN. 6,736.21 24,316.38 99,496.00 75,179.62 24.4% RECREATION 6,536.55 22,114.62 159,947.00 137,832.38 13.8% CIVIC ARENA 12,987.28 41,578.03 109,753.00 68,174.97 37.9% PARK DEPARTMENT 20,190.50 82,215.93 428,262.00 346,046.07 19.2% CEMETERY 2,207.66 9,214.22 51,708.00 42,493.78 17.8% COMMUNITY DEVELOPMENT 2,538.45 9,848.89 32,170.00 22,321.11 30.6% CELEBRATE 1990 GRANT 0.00 0.00 0.00 0.00 ERR DEBT SERVICE 1,500.00 4,500.00 53,287.00 48,787.00 8.4% APORT 1,343.69 156,687.34 53,387.00 (103,300.34) 293.5% SIT 5,901.42 26,189.30 129,784.00 103,594.70 20.2% E GY COUNCIL 897.40 1,029.67 14,642.00 13,612.33 7.0% S.C.D.P. COORDINATRO 26,287.68 45,490.56 33,589.00 (11,901.56) 0.0% UNALLOCATED- 2,469.81 34,118.55 361,570.00 327,451.45 9.4% TOTAL 286,646.08 1,188,750.88 4,231,856.00 3,043,105.12 8.1% REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 41,748.40 0.00 0.00 0.00 0.0% MARCH CITY OF HUTCHINSON FINANCIAL REPORTS - 1990 MARCH 395,488.92 ENTERPRISE ENTERPRISE FUNDS 380.00 6,500.00 G VENUE 5.8% REFUSE SERVICES 43,653.42 112,865.73 441,203.00 REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE (3,868.93) MARCH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 36,521.26 100,541.02 435,000.00 334,458.98 23.1% WINE SALES 8,605.44 24,101.77 151,000.00 126,898.23 16.0% BEER SALES 55,239.52 146,639.38 701,400.00 554,760.62 20.9% BEER DEPOSITS (31.43) (329.89) 0.00 329.89 2,000.00 MISC. SALES 2,980.24 7,946.02 40,895.00 32,948.98 2,533,503.00 INTEREST 516.68 1,166.13 6,500.00 5,333.87 17.9% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 CASH DISCOUNTS (39.42) (143.38) (2,100.00) (1,956.62) TOTAL 103,792.29 279,921.05 1,332,695.00 1,052,773.95 21.0% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 9,867.73 37,578.82 140,959.00 103,380.18 26.7% SUPPLIES, REPAIR & MAINTENANCE 1,242.32 1,451.67 2,800.00 1,348.33 51.8% OTHER SERVICES & CHARGES 1,871.54 2,941.83 37,200.00 34,258.17 7.9% MISCELLANEOUS 0.00 107.59 6,000.00 5,892.41 1.8% CAPITAL OUTLAY 208.00 208.00 0.00 (208.00) 0.0% TRANSFERS 0.00 0.00 110,000.00 110,000.00 0.0% � ST OF SALES 1,676.23 137,274.77 1,017,400.00 880,125.23 13.5% HER 0.00 (3,200.00) (3,200.00) 0.0% TOTAL 14,865.82 179,562.68 1,311,159.00 1,131,596.32 13.7% REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 41,748.40 0.00 0.00 0.00 0.0% WATER SALES 45,267.81 120,911.08 516,400.00 395,488.92 23.4% WATER METER SALES 30.00 380.00 6,500.00 6,120.00 5.8% REFUSE SERVICES 43,653.42 112,865.73 441,203.00 328,337.27 25.6% REFUSE SURCHARGE 2,697.86 3,868.93 0.00 (3,868.93) 15.4% SEWER SERVICES 142,500.65 389,166.83 1,388,400.00 999,233.17 28.0% PENALTY CHARGES 881.10 4,155.56 11,000.00 6,844.44 0.0% INTEREST EARNED 4,701.42 4,701.42 160,000.00 155,298.58 2.9% REFUNDS & REIMBURSEMENTS 107.00 425.62 8,000.00 7,574.38 0.0% OTHER 30.00 7,494.75 2,000.00 (5,494.75) 374.7% TOTAL 239,869.26 643,969.92 2,533,503.00 1,889,533.08 25.4% EXPENSE REPORT - WATER SEWER /FUND FUSE 41,748.40 124,938.90 452,300.00 327,361.10 27.6% ATER 106,653.87 172,401.92 1,019,479.00 847,077.08 16.9% SEWER 29,809.69 184,138.09 1,658,117.00 1,473,978.91 11.1% WASTE TREATMENT PLANT CONSTRUCT. 0.00 1,989.84 0.00 (1,989.84) TOTAL 178,211.96 483,468.75 3,129,896.00 2,646,427.25 15.4% MARCH i REVENUE REPORT MEMBERSHIPS ADMISSIONS VIDEO GAMES POP CANDY CHIPS, ETC. INTEREST BLDG RENTS FUND RAISERS CONTRIBUTIONS TOTAL EXPENSE REPORT PERSONEL SERVICES OPERATING SUPPLIES OTHER SERVICES & CHARGES MISCELLANEOUS � APITAL OUTLAY TOTAL YOUTHCTR CITY OF HUTCHINSON FINANCIAL REPORT - 1990 MARCH ENTERPRISE YOUTH CENTER 30.3% 1,339.43 10.7% CURRENT YEAR TO 51,009.28 BALANCE PERCENTAGE MARCH DATE ACTUAL BUDGET REMAINING USED 60.00 210.00 2,000.00 1,790.00 10.5% 739.00 1,903.00 7,200.00 5,297.00 26.4% 800.00 800.00 0.0% 107.10 564.23 3,600.00 3,035.77 15.7% 88.20 287.60 3,600.00 3,312.40 8.0% 75.00 610.52 1,200.00 589.48 50.9% 69.59 113.24 1,000.00 886.76 11.3% 0.00 0.00 0.00 7,000.00 48,000.00 41,000.00 14.6% 1,138.89 10,793.59 67,400.00 56,606.41 16.0% 1,829.96 225.93 2,589.01 49.89 0.00 4,694.79 6,901.86 663.99 10,075.70 160.57 591.60 18,393.72 27,803.00 6,800.00 33,300.00 1,500.00 69,403.00 20,901.14 24.8% 6,136.01 9.8% 23,224.30 30.3% 1,339.43 10.7% (591.60) 51,009.28 26.5% • MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 20, 1990 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the following members present: Roland Ebent, Clint Gruett, E1Roy Dobratz, Larry Romo, Craig Lenz and Chairman Craig. Members absent: Tom Lyke. Also Present: Building Official Jim Marka and City Engineer John Rodeberg. 2. MINUTES Mr. Ebent made a motion to approve the minutes of the regular meeting dated Tuesday, February 20, 1990. Seconded by Mr. Gruett the motion carried unanimously. 3. PUBLIC HEARINGS (a & b) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M CO. FOR SOLVENT RECOVERY SYSTEM IN FLOODWAY AND CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M CO. FOR TANK FARM IN FLOODWAY. Building Official Jim Marka commented on his discussion with Mr. Pat McGrann, 3M, and suggested to continue the Public Hearing to the April meeting. Discussion followed on the fence to the property line. Mr. Marka commented on a letter received from Mr. McGrann stating the fence is not in the floodway. Mr. Lenz moved to continue the hearing, seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF VARIANCE REQUESTED BY SHERMAN BUSCHOW Chairman Craig opened the hearing at 7:35 p.m. with the reading of publication #4090 as published in the Hutchinson Leader on Thursday, March 8, 1990. The request is for the purpose of considering a variance to allow him to construct a building that does not meet the average depth of dwellings on the same street located at 1290 - 7th Ave NW. Mr. Sherman Buschow presented an overhead drawing regarding his property. He commented on the survey and on average setbacks of the 11 neighboring lots. Building Official Marka explained the need for the variance and the average setback requirement. City - a- (z) HUTCHINSON PLANNING COMMISSION MINUTES 3/20/90 Building Official Marka explained the need for the variance and the average setback requirement. City Engineer Rodeberg suggested the option of the house facing toward 7th Ave. There was discussion concerning the platting of the property as being the problem. Mr. Marka explained the restrictions of the house size and aesthetic responsibility to the neighborhood. Chairman Craig stated the request does not meet the Conditions for Variance as stated in the Zoning Ordinance #464. Mr. Buschow commented on the necessity to face Shady Ridge Rd. Mr. Ebent questioned the hardship. Mr. Ted Beatty stated that the house directly across 7th Ave. does face Shady Ridge Rd. Mr. Don Erickson, 731 Shady Ridge Rd, commented on the setbacks on Shady Ridge Rd as a variety and explained the platting is the problem. He also commented the corner lots on 7th and School Rd will have the same problems. Chairman Craig presented a sketch facing the house toward 7th Ave. thus meeting the requirements more closely. Discussion followed on the feasibility of the suggestion to turn the house. Mr. Buschow suggested he would center the house on the lot if that could be a possibility. Mr. Ebent made a motion to close the hearing, seconded by Mr. Gruett the hearing closed at 7:55 p.m. Mr. Ebent made a motion to deny the request for variance as it does not meet the requirements for variance. Seconded by Mr. Lenz the motion carried unanimously. (c) CONSIDERATION OF VARIANCE REQUESTED BY CONGREGATIONAL UCC Chairman Craig opened the hearing at 8:05 p.m. with the reading of publication #4091 as published in the Hutchinson Leader on Thursday, March 8, 1990. The request is for the purpose of considering a variance by the Congregational Church to allow them to reduce the 50' setback to 17' for the construction of a narthex to provide an elevator and handicapped facilities at the Congregational UCC Church located at 4th and Main St SW. Mr. Ted Beatty, church committee member and Jim Haugen, 0 2 0 HUTCHINSON PLANNING COMMISSION MINUTES 3/20/90 Korngeibel Architecture, presented the proposal and plans for the addition. Mr. Haugen commented on the request explaining the handicapped accessibility. Mr. Dobratz moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:15 p.m. Mr. Romo made a motion to recommend approval to City Council. Seconded by Mr. Dobratz the motion carried unanimously. 4. NEW BUSINESS (a) PRESENTATION BY CITY FORESTER MARK SCHNOBRICH ON TREES AND DEVELOPMENT WITHIN HUTCHINSON Ll City Forester Mark Schnobrich made a presentation on trees and development within Hutchinson. He commented on construction damage to trees on lots. There were 4 goals Mr. Schnobrich pointed out as follows: 1) Stop the loss of trees to construction damage on a wooded site. 2) Establish policy in regard to energy conservation plantings on residential, commercial and industrial developments. 3) To maintain an established percentage of the trees existing on a site prior to construction. 4) To insure soils are amended so as to allow plant growth in future years. Mr. Schnobrich suggested possibly a landscape analysis to be incorporated into the flow chart of subdivision development. City Engineer Rodeberg stated a grading plan should be presented by developers at the time of platting. Discussion followed on the time to present the policy to the developer or landowner. Mr. Ebent suggested a contribution at the time of platting such as parks and playgrounds for forestation of plats. Mr. Rodeberg will bring sample ordinances to the Planning Commission. Mr. Marka suggested to amend the subdivision ordinance to include the grading policy. (b) DISCUSSION OF WATER AND SEWER CONNECTION FEES PRESENTED BY CITY ENGINEER JOHN RODEBERG City Engineer John Rodeberg commented on the necessity of a fee or assessment of water and sewer connection fees when land has access but has not had to pay assessments to those accessible services, such as lot C HUTCHINSON PLANNING COMMISSION MINUTES 3/20/90 splits. He suggested a standard rate as to standard lot cost. Mr. Rodeberg recommended approving the wording from St. Cloud. Mr. Ebent recommended city staff draft an ordinance for charges of water and sewer connections and bring to Planning Commission. The motion was seconded by Mr. Romo and carried unanimously. (c) SKETCH PLAN REQUESTED BY M & P PARTNERS, LYNN TOWNSHIP (2 MILE RADIUS) Mr. Joel Vinkemeyer commented on the development being commercial. Mr. Ebent questioned the small lot sizes. City Engineer Rodeberg commented on the improper access of the intersection and should the property someday be annexed into the city, the frontage road should be run behind the lots. He also suggested the collector road be compatible with the Comprehensive Plan. Chairman Craig suggested a meeting with City Staff and developer to discuss the platting. Mr. Ebent made a motion to reject the plan as proposed and suggested the owner or developer work with City Staff to make an appropriate proposal for the area. Seconded by Mr. Gruett the motion carried unanimously. (d) SKETCH PLAN REQUESTED BY M & P PARTNERS, ACOMA TOWNSHIP (2 MILE RADIUS) Mr. Vinkemeyer commented on the proposal and the planning process thus far. There was discussion on the soil requirements as reviewed by the county. Mr. Marka suggested an over all plan for future planning of roads and drainage. Chairman Craig made a motion to recommend approval subject to staff recommendations of March 16, 1990, and in addition to have soil borings, address drainage and signage, and work to satisfy the township and county. Seconded by Mr. Ebent the motion carried unanimously. (e) DISCUSSION OF GARAGE ADDITION REQUESTED BY DAVE KLOPP AT 425 - 3RD AVE SE i 1 4 HUTCHINSON PLANNING COMMISSION MINUTES 3/20/90 Mr. Klopp explained the request of a variance and conditional use permit. Building Official Marka commented on the request. Discussion followed on the approach from the alley to the garage and the shingling. 5. OLD BUSINESS (a) UPDATE ON ZONING ORDINANCE REVISION Chairman Craig suggested that the Planning Commission have some special meetings to read through the updated ordinance revision. (b) COMMUNICATION FROM STAFF 1) Mr. Marka commented on the $3000 approved by the city council for the completion of the Zoning Ordinance Revision. The Comprehensive Plan was reviewed and discussion followed on the errors made that should not be permitted. Chairman Craig will proof and give suggestions to City Staff. 2) Mr. Marka stated the Anderson Beeler Plat was withdrawn by the owners. 3) The Shoreline Ordinance will be presented by Skip Wright, Hydrologist, on April 17, 1990. 6. ADJOURNMENT Chairman Craig thanked Mr. Romo for the many years of service he has given as Planning Commissioner. There being no further business the meeting was adjourned at 9:35 p.m. 5 0Et70R ADVISORY 13CARD 1l:TiIt "; February 21, 1990 Members presents Arnold Rotzien, Lloyd Mueller, Mildred Jensen and Marie Kaning Members absents Don Bonniwel.l, V ^rna Hintz and Flsa Young Staff presents Lucille Arlt and Ruby Hanner Chairman Arnold Rotzien called the mpetina to order. The minutes were aprroved as written. Rotzien reported there is $759.45 in the checkinr, account. Old business Senior Di.plomatst Diplomats will meet on Tuesday, February 27 at 9:00 a.m. Kitchen equipments Necessary kitchen equipment was purchased by boani members. Notebookst It was suggested Standard rrintina be contacted to pet a price for notebooks to be used to hold board meeting minutes. Lloyd Mueller made a motion to this effect which was seconded by Mildred Jensen and passed. Insurance for workers in concession stands It was suggested someone contact. City Hall about insurance for volunteers. New business • Grocery store fund raisers: After some discussion, it was decided it was too difficult to be included in this type of fund raiser. 'the Chamber of Commerce will be contacted about providing food during one of the band concerts this summer.. Other fund raiserss A picnic supper to be held during June was d ?.ecusned as well as a supper later in the ,year. Tours and activities: Lucille Arlt told about the St. Louis trip. Departure date is May 14. Another trip planned is to the Festival of Nations exhibition on April 28. Following the meeting, Don Schultz spoke to the Advisory Board about the Regional Service Center for Hearing Impaired People which is furnled by the State of Minnesota Department of Human Resources. He distributed recent newsletters for the board's Information. Respectfully submitted, Huby Hanner., Secretary pro tem 0 4 (3) S. ?NIOR ADVISORY BOARD Vr :'rl 1r March 21, 1990 Members present= Arnold Potzien, P,11drPd Jensen, Verna Hintz and Don Bonniwell Members absent: Iloyd Mueller, Marie Kapint- and Elsa Ynunr± Staff present: Lucille Ar and Ruby ?fanner Chairman Arnold Rotzien called the meeting to crier. The minutes of the last meeting, were read and approved. Rotzien reported there is $759. in t!,e checkina account. Jean ',lard, Park 'rowers manager, was rresen' to Miscues +.he matter of subsidi_zrd rides in the Hutchmobi.le for Park rowers residents interested in gettinr meals at the Nutrition Center. She referred to a letter s1le had written to Bill t :C"^wan, president of the United `.day board. After some discussion, a motion was male to table the matter until the board can meet with Barb Hauren. Old ,businesst FAuipment: The purchase of a treadmill which would cost between $1,000.00 and $1,200.00 was discussed. A suggestion was made to go to the Sears store in St. Cloud to see what was available. Notebooks: Notebooks for Senior Advisory Board minutes were purchased at Standard Printing. Fundraiserst Servinr food at a summer band concert was tabled until we hear from the Chamber of Commerce. A food sale will be held on Yednesday, April 11 at 9;nO a.m. New business Concession stand: A number of volunteers have signed up to work at the concession stand during the Farm Show to be held March 27 28 and 29 at the Civic Arena. Picnic supper: 'rhe picnic supper will be held Monday, June 28. The menu will consist of potato salad, sandwiches, pickles, cake and beverage. the cost will be $3.00 for adults and -$2.00 for children aces 6 to 12. There being no further business, the meeting adjourned at 11 :00 a.m. Respectfully submitted, Ruby Hanner, Secretary pro tem 1 // 4 (3) 9 CAER COMMITTEE MEETING April 11, 1990 The CAER Committee met on April 11, 1990 was held at 11:30 at the Hutchinson Police Department. The following members were present Dennis Asay George Field Dick Higgins Duane Hoeschen Myron Johnson Steve Madson Jim McKay Lance Heaton Nancy Barns Lisa Grina Chairman Higgins called the meeting to order at 12:00. He stated that he had received a newsletter from Lee Tischler's office which a copy of is attached to these minutes. Duane Hoeschen handed out copies of the Standard Operating Procedures for Annexes D, G and L and stated what he had done with them. Discussion was then held on these various SOP's. Dick Higgins summarized where the committee was at with regard to the SOP's. It is as follows: 1) Annexes A, B, C, E, F, I, J have all been discussed by the committee; 2) Annexes D, G, and L were discussed at this meeting and will be revised; 3) Annexes H, K and L still need to be discussed. It was decided that within the next 60 days changes will be made to the annexes that have been discussed and the new pages in all of the books. The Basic Plan will be numbered with roman numerals and the Emergency Operations Plan for each Annex will be placed in front of its SOP with all pages being numbers and dated. These updates will be out to each member by May 2, 1990. The subcommittee for the table top stated that they had met and prepared a scenario. The table top will be scheduled once all of the SOPS have been revised (late summer). It appears at this time that an actual drill will not be possible until 1991. The next meeting is scheduled for May 9, 1990 at 11:30 at the Hutchinson Police Department. EMERGENCY RESPONSE COMMISSION REPORT January 1990 A periodic report on the implementation of the "Emergency Planning and Community Right -to -Know Act" (Titl 111) in the State of Minnesota. • ♦ • . Commission Mails Section 312 Tier II Forms The Commission has sent Section 312, Tier II hazardous chemical inventory forms to all facilities previously reportin, under Title III. These forms are annually required to be completed and returned to the Commission and local fir: departments by March 1. The Tier II form provides information on the quantities, storage, and locations o: hazardous chemicals present at a facility during the previous calendar year. This year the Commission intends tr enter the data from the forms into a new computer database. This database will eventually be available throughou the state through the Criminal Justice Information System. State Receives FY 1990 Training Grant The state of Minnesota has received $103,957 from the Federal Emergency Management Agency for Title III trainins activities through September 1990. Funds are administered by the Division of Emergency Management, but $77,06 will be directed to the Minnesota Technical College System for emergency responder training. Commission anc Division of Emergency Management training activities will be for emergency planners, facility owners /operators public officials, and the general public. In addition, the Commission intends to offer training on Title II. enforcement. Training activities should begin in April 1990. CAMEO II -DOS Under Development The U.S. Environmental Protection Agency and the National Oceanic and Atmospheric Administration have collaborated in developing a CAMEO II -DOS computer system that provides many functions similar to the CAMEC II program which operates on the Macintosh. CAMEO II -DOS is a compiled dBase IV program that runs on IBM - XT or AT compatible computers with at least 640 K RAM and a hard drive. The system will include chemical and response information, mapping, emergency plan development, and management of Title III information. CAMEC II -DOS will provide a unique PC -based mapping capability since it will use locality- specific Department of Commerce Census Bureau TIGER files. These map files could be customized to provide users with up -to -date locality- specific maps. CAMEO II -DOS may be available in late spring or summer. Metro Area RRCs Prepare Newsletters The Metro East and Metro West regional review committees are preparing quarterly newsletters for distribution to Title III facilities, local officials, and other interested parties. The committees hope to acquaint these officials and individuals with committee activities and responsibilities under Title III. One page of the two page newsletter will cover issues of common concern to both committees; the second page will include information unique to each committee. The first issue will be distributed in February 1990. Commission Begins Process on Fee Rules and 313 Expansion Report The Commission, through its Legislative Committee, has begun to review alternatives for assessing fees on facilities to cover the state costs associated with data management. A notice of solicitation of outside information or opinions regarding the proposed rule was published in the State Register on January 2, 1990. In addition to these comments, the Commission intends to hold an informal meeting early in the process to seek input from interested parties on the rule. The Commission, through its Reporting and Public Requests Committee, has begun to compile data collected under various environmental programs to determine the need for expanding the toxic chemical (Section 313) reporting requirements. The report, which will be submitted to the Legislature by December 31, 1990, must recommend the types and sizes of facilities that should file and a date for compliance. The Commission intends to hold meetings for interested parties in late spring and summer. State Title III Officials Identify Implementation Concerns A report from the National Association of State Title III Program Officials (NASTTPO) summarizes their concerns for successful implementation of Title III. The report, presented in conjunction with the National Governors' // -/3i /� Association conference on Title III, identifies local, state, federal agency, and statutory concerns. Common concerns include the following: funding for LEPCs, on -going training, information management, community outreach, eliminate Tier I reporting option, and thresholds. Contact the Commission for a copy of the report. Title III Enforcement Actions Increase 1] Enforcement actions under Title III have continued to increase as a result of the failure of facilities to report toxic chemical releases under Section 313 or accidental releases under Section 304. The largest fines proposed and agreed to have been associated with accidental releases. In fall 1989, the U.S. EPA proposed a $20,000 fine to Champion International Corp. in Bucksport, Maine for failing to immediately notify federal, state, and local officials of a chlorine leak and a $350,000 fine to BP Oil Co. for failing to report a spill of 372,000 pounds of ethyl acetate at its Paulsboro, NJ facility. Previously, the U.S. EPA proposed penalties, which total $1.65 million, for 42 firms that failed to submit Section 313 reports. In October 1989, the Atlantic States Legal Foundation filed a notice of intent to sue for failure of seven Syracuse, NY companies to submit Section 313 reports. .. 1 The Commission is currently preparing a handbook on Title III enforcement, which it intends to use for training. In addition, the Commission is drafting a compliance /enforcement strategy to outline procedures whereby violators of the law will be brought into compliance. This will help assure that enforcement actions are arrived at in a fair, uniform, and consistent manner and that the enforcement response is appropriate for the violation - committed. Under state law, the Commission may delegate its authority to state or local government agencies to conduct investigations, examine and copy records, and enter property. j National Association Prepares Title III Training Package The NaTioffff RSSociation•of Towns and Towns hip ,_-has published a guide, Accidents Will Haooen: A Small Town Guide " foidous Materials Response to hel small towns deal with Title III. The guide is part of a video training, packaga.t�}jt` focuses on Title III and poll iestfiataft` ctsmall communities. For further information about the train psekage, c9A tacr the association at ( 02 ^37 -5200. } Prepared by: Lee Tischler, Director ` Minnesota State Emergency Response Commission Minnesota Emergency Response Commission 290 Bigelow Building 450 North Syndicate Street St. Paul, MN 55104 G3 DICK HIGGINS HUTCHINSON TECHNOLOGY 40 WEST HIGHLAND PARK HUTCHINSON, MN 55350 0 BURNS MANOR MUNICIPAL NURSING HOME Minutes - March - 1990 i L r] The Board of Directors for Burns Manor Municipal Nursing Home met Monday, March 12, 1990. Chairman Jim Mills called the meeting to order at 4:00 p.m. Members present Members absent Press: Jim Mills Ancher Nelsen Marge Putney Kay Peterson Don Erickson Elaine Black Robert Koepcke, Secretary Linda Callier, Assistant Secretary Roger Gilmer George Gilson - KDUZ news Robin Schoen, Hutchinson Leader MINUTES REVIEW Minutes of the February 26, 1990 Board meeting were reviewed. Motion by Ancher Nelson and seconded by Marge Putney to accept the minutes. All in favor. Motion carried. FINANCIAL REPOR Reviewed December reports. Explained the adjustments made in December. Vacation accrual, payments to Good Neighbor, etc. During the past 3 months there have been 26 admits, 10 discharges, and 17 deaths. West Central laundry and housekeeping services will be done as of April 1, 1990. While a good program, the price /value was not as good as our own staff could be developed to provide. Expect a loss on the financial statements for the first half of the year. Medicaid... still trying to get the pending accounts paid. Discussed an "up- front" payment on admission. Kay Peterson will review the Accounts Payable. BOND COUNCIL MEETING Robert met with Mr. Fahey and Jim Seifert of Charles Bailly on March 9, 1990. Can borrow more bond monies, but need to meet a 1:25 coverage; our current finances only provide 1:1 coverage. Right now, the bond money must be used to boost the building's appearance and appraised value, but not to spend all present bond money. With this accomplished and reasonable financial performance in 1990, more bonds could be sought to do further construction. The first remodeling efforts will be in the main dining room, multi - purpose room, halls, reception area and lobby areas. These will include fixtures, flooring, and finishing touches (paint, etc.). CAPITAL BILL Chet Macki..$4780.86 Asbestos Cont. Mgmt .... $4780.86 CBI mattresses..$1,050.00 Chet Macki ... $7,800.00 A & B Electric..$7,216100 March minutes Page 2 A motion was made by Kay Peterson and seconded by Don Erickson to accept these bills. All in favor. Motion carried. EMPLOYEE ISSUES Vacations: .2hr /hr worked after 6 months ...1 week .4hr /hr worked after 2 years ... 2 weeks .6hr /hr worked after 7 years ... 3 weeks .8hr /hr worked after 12 years...4 weeks A special exception was made to the vacation accrual of Jane Heitz, L.P.N. Due to her length -of- service compounded by recent policy changes, a one -time addition of 10 vacation days was recommended by Koepcke. The budget contains money to cover these adjustments. Marge Putney made a motion to accept the new vacation schedule, Elaine Black seconded. All in favor. Motion carried. "SMOOTH OPERATIONS" performance appraisal system Whether to Clint Maun or Good Neighbor? Discussion followed. The consensus that the employees will better accept Clint Maun. Clint will help with an appraisal system, preformance review, strategic planning. The goal being to increase and maintain good morale and patient care. A motion was made by Don Erickson and seconded by Kay Peterson to approve this process with Robert showing means of paying for this out of existing budget. Cost not to exceed $10,000.00. All in favor. Motion carried. FLEXIBLE BENEFITS PLAN Employee Insurance would be taken out before taxes thereby decreasing taxes. Discussion followed. Will deal with this in near future. Dishwasher..original was too large. A refund will be given with an exchange for a smaller unit. Trash Compactor ... on hold. Volunteer hours are increasing. Jim Mills talked about the YES program (Youth Elderly Services). The Board thanked Ancher Nelsen for going to the Capital regarding the rental concept for property reimbursement. The search for the by -laws continues. There was concern of the flagpole being taken down when the front of the building was upgraded. It is assured that the flagpole will remain intact. March minutes Page 3 Ancher Nelsen mentioned he had talked to Mayor Ackland about the possibility of having an out -of -city board member in the future. It does not appear that city ordinances prohibits this. A thank you note was read from the Mabel Tesch family, thankinc Burns Manor for her excellent care. The next board meeting will be held on April 26, 1990 at 4:00 p.m. in the multi - purpose room. Ancher Nelsen and Elaine Black motioned to adjourn this meeting. All in favor. Motion carried. Chairman Jim Mills adjourned the meeting. Respectfully Submitted: 0 ATTEST: Jim Mills, Chairman 0 (672) � -5iS7 ' s7WASn'h% TON AVE:,UEWEST VUTCh7NSON, IhUNN. 5,350 M E M O R A N D U M DATE: April 23, 1990 TO Hutchinson City Council -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — FROM• Bonnie Baumetz, License Secretary -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — SUBJECT: NON IrJTOXICATIriG LICErISE FOR SOUTHTOJN MOBIL -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — is Southtown Mobil will no longer be selling non - intoxicating off -sale liquor as of 5 -1 -90, therefore, they will not be renewing the license at this time. Also, J's Pizza Garten has paid as of 4- 20 -90. is 1990 . NON - INTOXICATING ON -SALE LIQUOR $225.00 Crow River Country Club Godfather's Pizza Gold Coin Pizza Hut Little Crow Bowling Lanes J's Pizza Garten (Pending Payment) NON- INTOXICATING OFF -SALE LIQUOR $100.00 Cash Wise Foods Erickson Freedom Station Hwy 7 Hwy 15 George's Food & Fuel One Stop Gas and Grocery Southtown Mobil (Pending Payment) Tom Thumb Food Market SuperAmerica • SET -UP LICENSE $25.00 Little Crow Bowling Lanes I have reviewed the above licenses and our files and found no problems with any of the businesses and recommend the City Council approve the lic se a als. Ste a M son Police Chief L 4/20/90 PUBLISHED IN THE HUTCHINSON LEADER THURSDAY, APRIL 12, 1990 ! PUBLICATION NO. 4109 NOTICE OF PUBLIC hEARI�NG ON AMENDMENTS TO THE DEVELOP \LENT PROGRAM AND FINANCE PLAN FOR DEVELOPMENT DISTRICT NO. 4 AND APPROVAL OF A TAX I CRELMENT FLN'A_\CLNG PLAN NOTICE IS HEREBY GIVEN that the Citv Ccuncil of the City of Hutchinson will hold a public hearing on proposed amendments to the Development Program (the Development Program) and Finance Plan fu: Deve'opment District No. 4 (the Development District) previously esta "lisped rile Ci), and on the proposed approval by tl:e City Council of a Tax hcremerI Financing Plan (the Financing Plan) which creates a Tax Increment Finar.cinh District (tlie Tax Increment District) in the City. The public hearing will bo he:d a; 8.00 p.m. on Tuesday, April 24, 1990, at the Hutchinson City Hall, 37 Was!, :n ^to:; Avenue West, Hutchinson, Minnesota. ° Under the Financing PIan, tax increments derived from the Tax Increment District will be used for the payment of costs of the City of carrying o::t tl;e Development Program or for the payment of debt service on bonds or other colfoations to be issued by the City for payment of such costs. It is proposed that all tax revenues from the Tax Increment District resulting from increases in the tax capacity of taxable real property therein be segregated and applied to payment of ces:s of the City in carrying out the Development Program. The area to be included in Eie Tax Increment District is presently included in an existing tax inclement f :nar.c :.ig, district of the City. The amendments to the Development Program and Finance Plan for Development District No. 4 delete this area from the existin tax increment financing district. Accompanying this notice are two maps of a portion of the City. T e map labelled "A" shows the area to be included in the Tax Increment District, wh!' -1 is the area from wick the tax increments may be collected. The mad labei:ed ••B'• slows a portion of the area included in Lhe Development District, which is the area in which tax increments collected from L'Ze Tax Increment District may be exFe -d_::. All who Nish to be heard as to the amendment to the Development Pr egraai and Fin _nce Plan for the Development District and on tl:e approval of ti.e Financing Plan %vi :l be given an opportrnity to express their views at the Public hearing or may file written comments t�•i;h the City Ad ::ir.istrato: vr:or t: the public hearing. 0 Ey /s/Gary D. P'otz Cih Adr^i istr, t,: '� -Q COUNTY OF McLEOD 830 11 th Street East Glencoe, Minnesota 55336 LAWRENCE FIECKE GRANT G. KNUTSON BEVERLY J. WANGERIN 1 st District 3rd District 5th District Phone (612) 485 -2171 Phone (612) 587 -9108 Phone (612) 587-6869 Rt. 1, Box 191 Route 4 105 Judson Road W. Winsted. MN 55395 Hutchinson, MN 55350 Hutchinson, MN 55350 MELVIN H. DOSE 2nd Drsinct Phone (612) 864 -3304 RI, 2. Box 180 Giencoe, MN 55336 SHIRLEY A. NOWAK 41h Distnct Phone (612) 327 -2338 Rt. 1, Box 64 SJver Lake. MN 55381 County Coordinator Phone (612) 864 -5551 Courthouse Glencoe, MN 55336 WHEREAS, The City of Hutchinson has created a tax increment district for the purpose of encouraging development in downtown Hutchinson; WHEREAS, the City of Hutchinson has now proposed the creation of a new tax increment district in downtown Hutchinson, covering less than four blocks; WHEREAS, it is in the best interests of the County of McLeod to encourage development throughout the County; NOW THEREFORE BE IT RESOLVED, that the McLeod County Board of Commissioners acknowledges receipt of the Notice of the intentions of the City of Hutchinson regarding the creation of a tax increment district, supports the City's efforts to redevelop downtown Hutchinson and does not oppose the creation of the new district as proposed by the City of Hutchinson. April 10, 1990 Shirley A. owak, Chair Betty A. Wrth, Acting Clerk 9 ,� =A McLEOD COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER mo b ne9. 31' w' L - zeo. 32 - Nas•)rr9-e -445- 32-- + - NOS91'14 WASHINGTON - - - - -- — -- AVENUE .. i — EAST -- MA ,1-A 11 RIVER SECOND AVENUE NORTHEAST -- -- — \ f M S°rum p V rw h 99 06 C 200 O9 409 -W" L - 200. SS- M w rw. 6 9rl a. 02 5. .r. 02 SO rr � 10 , i '° 9 2 9 2 BLOCK' 43 BLOCK 8 3 ao .s M1 8 a 3 e i x I .n • , N m �, N rI "m r s o ssa W o Fl i i — W LJ.1 d • L \ 6 S g S c zsO 35 62 50 !c •,�! l2.SO r 1 i^ N 89.29 }3'E - 280.)6- io acre Lr. o19N N89ge3]'L ; FIRST m o AVENUE o n � '^ ':NORTHE 1.9.2953-0 2N0 f5 Nl9.2C33'f e 2 2e0. SB- ._._.. e3. 30 tir e2_•A • —�. r 1rr 10 I 10 , Z Lo w 9 L 2 to 9 2 LL BLOCK 49 BLOCK 48 — CJ — 8 ��p�prr _ •]p - 41 . E 3 ' -_ 8 W 3 n n n lJ� \)�•. (� f- 50 "E .�,: : u .. ti�2 n.f :�•�� .2[100 ^„ mn a go - - 14022- i.. I 16.91 _... __.. NOW 30'4fE i N99.30'el'E 7 4 1 7r..l5rr.r 7 4 rpl I W! -0 I N^ 6 5 I 6 5 e2 5� E rr.....,.... � mo b ne9. 31' w' L - zeo. 32 - Nas•)rr9-e -445- 32-- + - NOS91'14 WASHINGTON - - - - -- — -- AVENUE .. i — EAST -- MA ,1-A 11 _ W MA V T �lI 1 . 1 • �� —l{� Ti- N00 •NY al i Y n Y } { {.�, . n N� N 11 P.. •� -n -i• .�� ••-, .— ' -� .. \� H .. M• Y • C • N P N ,—Y� l = \ \\ �. J 1 1 .. w .u.. P. 6 7 - Y ' a ti • r' e i (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 HUTCHINSON CLASSIFICATION DETERMINATION FOR BLOCKS 43, 44, THE SOUTHWEST CORNER OF 45, LOTS 1, 2, 3, 8, 9 s 10 OF BLOCK 49 s BLOCK 48 NORTH 1/2 CITY OF HUTCHINSON (12.69 ACRES) APRIL 18TH, 1990 In order to be able to make a "Redevelopment District ", the intent of this report is to provide the City Council necessary information to determine such designation as outlined by the following three criteria items. A) Parcels consisting of 70Z of the area are occupied by buildings, streets, utilities or other improvements. B) 20Z of the buildings in the area are "structurally substandard. C) An additional 30% of the buildings require substantial renovation or clearance in order to remove such existing conditions as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identifiable hazards to the health, safety and general well -being of the City. Inspection Findings: Item A) "The land is predominantly occupied by buildings, streets, utilities and other improvements on more than 70Z of the area ", to a degree requiring substantial renovation or clearance. Inspection Findings: Items B) 6 C) Both are substantiated by the critera defined on each individual report. As indicated by criteria on each report and each individual structures age, the vast majority of the buildings were constructed prior to enforcement of the standards outlined by the Uniform Building Code. In general, the 20Z to 30Z criteria requirement is easily attainable in comparison to present day codes because: 1) Egress windows from apartments are substandard. 2) Basements greater than 1500 sq. ft. require sprinkling in B-2 occupancies. 3) Energy Code compliance is substandard. 4) Substandard electrical service and wiring to many of the buildings. 5) Substandard plumbing, both water and waste and vent. EKA: Water lines were soldered with solder containing 50Z lead. Waste and vent lines consist of "S" traps with no vents other than the 3" stack. HUTCHINSON CLASSIFICATION DETERMINATION APRIL 18TH, 1990 PAGE 2 6) Substandard fire separations between "B" and "R" type occupancies. 7) Substandard light and ventilation created by boarded up windows. 8) Flood Plain Elevation Requirements are substandard in Blocks 43 and 44. Thus high flooding exposure and flood insurance rates are present. 9) Substandard fire travel separation /setbacks between openings in buildings and property lines. 10) Mixed land -uses, including residential, commercial and industrial is present. The majority of the area (with exception of Lots 1 through 5, Blk. 44) is zoned Commercial 3 - central Commercial District. Thus residential and industrial is non - compliant. There appears to be four reasonably substantial buildings. All of which require upgrading to comply with present day codes and requirements. 1) Carquest Auto Parts (G.T.C.) - 145 Hassan St. N. 2) Coast to Coast - 105 Washington Ave. E. 3) Goodyear Tire 6 Offices - 31 -1st Ave. N.E. 4) Auto Body Shop - 50 Jefferson St. N. 0 In consideration of criteria Items A, B and C, it is the conclusion of our findings that the Hutchinson City Council may reasonably consider the proposed "Redevelopment District" qualified as such in accordance with criteria requirement A, B and C. I' 'k, ames G. Marks Building Official JGM /pv attachments E 04/24/90 16:52 '8'612 340 2644 Dorsey & Whitney • CERTIFICATE OF CITY ADMINISTRATOR STATE OF MINNESOTA) COUNTY OF MCLEOD ) ss. CITY OF HUTCHINSON ) I, the undersigned, being the duly qualified City Administrator of the City of Hutchinson, Minnesota, hereby attest and certify that: I. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 1 I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. `/ I'g RESOLUTION APPROVING AN AMENDMENT TO TI-IE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 5, MAKING FINDINGS AND REQUESTING CERTIFICATION OF REDEVELOPMENT TAX INCREMENT FI'NANCI'NG DISTRICT NO. 5 4. Said resolution remains in full force and effect in the form in which adopted and has not been amended or repealed. 5. 1 further certify that the affirmative vote on said resolution was ayes, _ nayes, and _ absent /abstention. 6. Said resolution was adopted at a regular meeting which was duly held, pursuant to call and notice thereof, as required by law on April 24, 1990, and a quorum was present at such meeting. WITNESS my hand officially as such Administrator and the seal of said City, this _ day of 1990. C 1 J (Seal) Z 002 Gary D. Plotz City Administrator Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO, 5, MAKING FINDINGS AND REQUESTING CERTIFICATION OF REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 5 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City') as follows: I. This Council acting under and pursuant to Minnesota Statutes, Sections 469.124 to 469.134, has previously established Development District No. 4 in the City (the "Development District "), and approved a Development Program and amendments thereta (as so amended, the "Original Program ") for the Development District. The City has established a tax increment financing district (the "Original . Tax Increment District'), which includes all of the area in the Development District. 2. On April 24, 1990, this Council held a public hearing on an amendment to the Original Program (the "Amendment') and on the adoption of Tax Increment Financing Plan for a Redevelopment Tax Increment Financing District No. 5 pursuant to Minnesota Statutes, Section 469.174 to 469.179 (the "Tax Increment Financing Plan"), which establishes Redevelopment Tax Increment Financing District No. 5 (the "Redevelopment District') as a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, after notice of the public hearing was published in the official newspaper of the City not less. than 10 days prior to the date of the hearing. The Amendment removes the area included in the Redevelopment District from the Original Tax Increment District. All persons desiring to be heard at the hearing were given an opportunity to express their views. The Redevelopment District is located in the Development District, and the purpose of the Tax Increment Financing Plan is to finance costs of the Original Program, as amended by the Amendment (the Original Program, as amended by the Amendment, is herein referred to as the "Program'). 3. Copies of the Amendment and the Tax Increment Financing Plan have been presented to this Council and are ordered placed on file with the City Administrator. The form of the Amendment and the Tax Increment Financing • Plan is hereby approved and is incorporated herein by reference. • 4. The Amendment, the Tax Increment Financing PIan, the establishment of the Redevelopment District and the removal of the area included in the Redevelopment District from the Original Tax Increment District are hereby approved. 5. It is hereby found that the Redevelopment District is a "Redevelopment District," as defined in Minnesota Statutes, Section 469.174, subdivision 10, in that as shown by a report of the Building Official for the City presented to this Council: (A) 70% of the parcels to be included in the Redevelopment District are occupied by buildings, streets, utilities and other improvements; (B) 20% of the buildings to be included in the Redevelopment District are structurally substandard; and (C) an additional 30% of the buildings require substantial renovation or clearance to remove such existing conditions as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, • obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety and general well -being of the City. 6. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3 and based upon the supporting facts set forth in the Amendment, Tax Increment Financing Plan and report of the Building Official of the City referred to in Section 5 hereof, it is hereby found that: (A) For the reasons set forth in Section 5 hereof, the Redevelopment District is a redevelopment district as defined in Minnesota Statutes, Section 469.174, subdivision 10. (B) The proposed commercial facilities to be constructed in the Redevelopment District, in the opinion of this Council would not occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary to . enable the proposed development to occur. (C) The Tax Increment Financing PIan conforms to the general plan for the development of the City as a whole in that the construction of the proposed commercial facilities in the 2 Redevelopment District serves to meet the goals and objectives of the City to redevelop the downtown commercial area of the City, increase economic activity in the City and enhance the tax base of the City. (D) The Tax increment Financing Plan will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the Development District by municipal /private enterprise in that it assists in redeveloping the downtown corrunercial area of the City which will result in increased economic activity of the City and will enhanaz the tax base of the City. (E) The City elects the method of tax increment computation set forth in Minnesota Statutes, Section 273.76, subdivision 3, clause (a). [Fiscal Disparities law - Not Applicable to City.] 7. The City Administrator is authorized and directed to request that the appropriate officials of McLeod County to establish the Redevelopment District for the premises in the City described in the Tax Increment Financing Plan and remove the area included in the Redevelopment District from the Original Tax Increment District. Passed by the Council this 24th day of April, 1990. 0 Mayor Attest: City Admini;trator F- I L The motion for the adoption of the foregoing resolution was duly seconded by Member ` , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, whose signature was attested by the City Administrator. is lJ 0 ♦ F I DAVID B. ARNOLD • CHARLES R. CARMICHAEL GARY D. M- DORELL STEVEN' A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE LAURA R. FRETL ND DAVID A. BRT:EGG£MANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. Mc0£E April 19, 1990 ABNOLD & MGDOWELL ATTORNEYS AT LAW 101 PART( PLACE HLTCHINSON, MINNESOTA 55350 (1312) 587 -7575 TELECOPI£R(812) 567 -4088 RESIDENT ATTORNEY G. BARRY ANDERSON Honorable Paul Ackland 148 Hassan South Hutchinson, Mn. 55350 Re: Downtown Redevelopment Our File No. 3244 -89 -0031 Dear Paul: OF COUNSEL WILLIAM W- CAMERON PAUL D. DOVE 5881 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 55410 (612) 545 -9000 MN TOLL FREE 800 -4545 TELECOPIER(Gt2) 545 -1703 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (OI2) 366 - 2214 TELECOPIER(612)J66 -5506 FOR YOUR INFORMATION This letter will serve as my informal response to the questions raised by Joe Wesley. I understand that you and Joe will be • meeting to discuss some of his concerns and I thought you would appreciate some input from me as to some of these issues. Let me begin with the observation that most of the questions raised by Mr. Wesley are legitimate and deserve a response. Some questions are really policy decisions that the Council must make. I would observe first that as to the general subject of tax increment financing, I don't believe you will find a project in the State of Minnesota that better fits the guidelines for tax increment financing than this project. Originally, tax increment financing was conceived as a mechanism by which depressed areas of a community could be revitalized. Unfortunately, a number of communities, including most particularly Minneapolis, have used tax increment financing devices very aggressively and perhaps not in ways originally intended. Because this concern was anticipated and because of the statutory requirements, the City did ask the building inspector to go through the proposed tax increment area to determine that it does indeed meet the guidelines. I am attaching to this letter a copy of correspondence received from Jerry Gilligan outlining those guidelines. I have not yet reviewed Mr. Marka's report, but it is my understanding that the proposed new district clearly qualifies. Given the age of all of the buildings in the district, this should come as no surprise. I understand the report is done and will be • available for the City Council meeting next Tuesday night. Honorable Paul Ackland April 19, 1990 Page 2 I will respond to all but question one of Mr. Wesley's letter. I believe Ken Merrill has the information with regard to the estimated market value. VACANT PROPERTY To the best of my knowledge, ShopKo is not considering any other vacant property for this development. 0 See attached letter of Jerry Gilligan. You, as a representative of the Council, are probably in a better position to address the issue of why the district has the shape it does; in general it is my understanding that the Council feels that rather than extend the existing district, the City would instead carve out the area needed for the project and allow the existing district to expire as scheduled. This will return tax revenue to the school district and county as scheduled. Certainly, it would have been legal under the tax increment law to extend the district an additional nine • years so that the ShopKo project could be supported by the additional revenue in the district. However, this would also have the effect of depriving the school district and county of some additional revenue. Essentially, the City took the conservative approach of creating only a district which was sufficient to support the project rather than trying to generate large excesses which the City could then use for other purposes. COMMITMENTS Because of the Tax Reform Act of 1986, the City cannot get guarantees from a developer. This means that there is some risk to the City. If the building should be constructed and ShopKo went bankrupt, closed the store or take other action which resulted in non payment of taxes, the City would be obligated to perform on the tax increment bonds which are issued for this project. However, revenues with the existing districts can be shared until the year 2001 and further, there is approximately $500,000 in excess revenue now available which could be used to fund this project if necessary. Given the size of the developer and the cash available, the risk, while certainly not zero, appears to be minimal. (I should point out that even in the worst case scenario, the building would still be available and after forfeiture would presumably be sold for some other purpose). MAIN STREET DEVELOPMENT • Honorable Paul Ackland April 19, 1990 Page 3 I have insufficient information to answer this question. PROBLEMS IN OTHER DEVELOPMENTS The principal difference between this project and the other developments listed by Mr. Wesley is that first, it deals with tax increment financing (none of the other projects listed by him did have the tax increment feature) and second, this project has a large and successful developer behind it. I might point out that while difficulties were experienced in each of the projects described by Mr. Wesley, I am not aware of any direct cost to the City and all of the projects at this point would have to be considered a success, and all are operating. COMMUNITY PROPERTY TAXES Unless there is a default, use of tax increment financing will have no affect whatsoever on property taxes. The ultimate affect will • be positive in that the tax base of the downtown area should be revitalized. One of the reasons why, and here I speculate to some degree, the county and school district were willing to approve of the project is the revenue loss is insignificant. As a result of the redevelopment, the county and school district will pick up taxes they otherwise would not have had (as a result of the "frozen value" date changing from 1978 to 1990) and any increase in revenue from taxes on the property after this date, without a redevelopment project such as the one proposed, would be minimal and very close to zero. I would be happy to answer any other questions you might have. Best personal regards. Very truly yours, ARNOLD & M E G. Barry Anderson GBA:lm CC Gary Plotz • 'F (612) 587 -5151 37WASH;NG TON AVENUE WEST HUTCHINSON, MINN. 55350 April 23, 1990 Response to Joe Wesley Ouestion 1 The estimate market value of Blocks 43 and 44 which are on the tax rolls are $710,510 In addition Licuor store land & Bldg 64,400 (per assessors estimate) Railroad Land 27,679 (Based upon estimated land purchase cost) • ESTIMATED TOTAL COST $802,589 We have only an estimate per our bond issue of $180,000 for relocation costs Site improvements, which includes demolition and utilities are estimated at $280,000. • 0 Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson, Minnesota 55350 o J11 ^,3141516 11 Mr. Gary Plotz, City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Gary: In regard to the permits that are required for the 1990 Hutchinson Jaycee Water Carnival, I would like to ask you to consider our applications for the following permits. The dates for this year's celebration are June 15, 16, and 17. 1. Close Street and Issue Parade Permit for Kiddie Dav Parade Saturday, June 16 from 12 noon until 1:30 p.m. Route to start at south side of Park Towers on Glen street, turn west onto Fourth Avenue S.W., to Grove Street north to Second Avenue. The route finishes on Glen Street. Close Street and Issue Parade Permit for Grande Day Parade Sunday, June 17, from 11:00 a.m. to 4:00 p.m. The route starts on Lake Street to Second Avenue S.W., east on Second to Franklin Street, then south on Franklin to Linden Avenue. 3. Issue Permit for the Carnival Midway Show June 13 - 17 at West River Park. The Park and Rec Board received many positive remarks about the location last year. They have again given approval for West River Park as the carnival site. 4. Close Street and Issue Dance Permit Saturday, June 16 from 6:30 p.m. to 9:30 p.m. for the Square Dance Street Dance. Close First Avenue between Main Street and Hassan Street. Issue Permit for Waterski Show Sunday, June 17 to be held on the Crow River following the Grande Day Parade until approximately 6:30 p.m. i s Issue Permit to Sell Food at the Waterski Show Sunday, June 17 at Les Kouba Park. 7. Issue Permit for Civic Arena Saturday evening, June 16 for the Queen's Ball. �r April 13, 1990 Mr. Gary Plotz Page 2 April 13, 1990 8. Issue Permit for Tables and Chairs Saturday evening, June 16 at the Civic Arena. 9. Issue Permit for Fireworks Display Sunday, June 17 at approximately 10:00 p.m. for Les Kouba Point. We will arrange to have the Fire Department stand by if any assistance is needed. 10. Mini -Biffs In the past, the City has taken care of the Mini -Biffs needed for the weekend. We appreciate your assistance with this matter. The Jaycees, as a non - profit organization, would appreciate waiver of permit fees and rentals to help defray our expenses. We appreciate all the help and assistance we receive from the City. This community celebration could not be run without your help. If you have any questions concerning any of these events, please feel free to contact me at any time at 587 -2272. Sincere Rich Westlund, Commodore 1990 Water Carnival April 13, 1990 Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson. Minnesota 55350 , X 213 1 4 15 16,, ^� Cb �> Mr. Gary Plotz, City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Gary: The Hutchinson Jaycee Water Carnival would like to request non - intoxicating liquor license for liquor sales on Saturday, June 16 at the Civic Arena, and also for Sunday, June 17 at Is Les Kouba Park. We would also like to sell set -ups at the Civic Arena and have attendees bring their own bottles. Again, the Jaycees would appreciate the waiver of the license fee. If you have any questions regarding this license, please feel free to contact me at 587 -2272. Sincer , Rich Westlund, Commodore 1990 Water Carnival 9 6 ✓v' MEMORANDUM T0: Gary Plotz, City Administrat FROM: Steve Madson, Chief of PolicR�1� DATE: April 19, 1990 RE: Jaycee Water Carnival I am in receipt of a copy of a letter dated April 13, 1990, from Mr. Rich Westlund who is the commodore for the 1990 Water Carnival. The letter from Mr. Westlund indicates several requests for street closures and other permits to assist in carrying out the water carnival. Additionally, he requests certain liquor licenses to be issued by the City. I would like to address each request as noted. Request No. 1 - Close street and issue parade permit for Kiddie Day Parade. Section 7.4, Subd. 2, of the City Code allows for temporary restrictions through the Chief of Police for such events'and I concur with this request. Request No. 2 - Close street and issue parade permit for Grande Day Parade. Section 7.04, Subd. 2, allows through the Chief of Police for such restrictions and I concur with this request. Request No. 3 - Issue permit for the carnival aid -way show. I do not believe this is a Police Department related issue and should be reviewed by the Park and Rec Director. Request No. 4 - Close street and issue dance permit. Section 7.04, subd. 2, allows for the closure of First Avenue S between Main Street and Hassan Street on a temporary basis. Requests No. 5, 6, 7 & 8 - Should be referred to the Park & Rec Director. Request No. 9 - Issue permit for fireworks display. I believe this should be referred to the Fire Chief. i Request No.10 - Minnie Biffs refer to Park & Rec Director. � -'IVt R, Gary Plotz April 19, 1990 Page 2 Additionally, the Jaycees are asking for a set up license and non - intoxicating liquor license for beer sales on Saturday, June 16, 1990, at the Civic Area. Section 5.31 allows for a temporary beer license and Section 5.71 allows for a one day license for consumption and display of liquor. Additionally, the Jaycees are requesting to sell beer in Les Kouba Park on Sunday, June 17. I would recommend approval of all requested permits with the understanding that in regards to the sale of beer at Les Kouba Park that the Police Department be provided a schematic of where the sales will take place and a plan by which to maintain a separate location for consumption a part from and totally separated from the mid -way area. I would be very happy to provide assistance to the Jaycees in developing this plan but again request that any approval of permits be contingent upon this condition. If you have any questions or concerns regarding this memorandum please do not hesitate to contact me at your earliest convenience. /lkg 90 -02 -0026 April 13, 1990 Mayor Paul Ackland Hutchinson City Council City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Ackland and City Council Members: 0) In 1989 the City of Hutchinson generously donated $1,000 to the Hutchinson Jaycee Water Carnival. The amount significantly helped to defray the expenses of unsponsored community events such as the fireworks display. . The Water Carnival committee requests for your consideration a donation of $1,200 for 1990. We are adding many new events this year for community enjoyment. These extra events are increasing our budget, subsequently we are asking the City for a donation increase if possible. I sincerely hope that this request does not indicate any lack of appreciation for the assistance and support the Water Carnival receives from the City of Hutchinson. Without the aid of City staff and the waiver of fees, this community celebration could not be held. The additional events we are planning this year include : Water parade - Thursday evening featuring queen candidates, queen and princess; Teddy Bear Concert Friday morning; MDA Walk- A -Thon Saturday morning; teen dance Saturday evening; and a community church service Sunday morning. Please let me know when the Water Carnival items are on the City Council agenda. I plan to attend along with other Jaycees to discuss this matter and to answer any questions. Again, thank you for your assistance and consideration. Sincerel , Rich Westlund, Commodore 1990 Water Carnival Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson. Minnesota 55350 r (612) 587 -5151 ITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMO APRIL 20, 1990 TO:MAYOR & CITY COUNCIL -------------------------------------------------------------- FROM: KEN MERRILL, FINANCE DIRECTOR ----------------------------------------------------------------- SUBJECT:1990 BUDGET FOR WATER CARNIVAL ----------------------------------------------------------------- For 1990 the City budgeted a direct contribution of $1,000. This is the same amount as 1989. If any increase would be granted the money would have to come from contingency line of the General Fund. E 0 (612) 5375151 e !Warzv 0177 OF HUTCHIOUSON J ?'WASHUVGTONAb `UEWEST .�, ^;'JOr�d M E M O R A N D U M DATE: April 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: PRESENTATION OF RULES AND REGULATIONS RELATING TO CONNECTION OF WATER AND SEWER SERVICES PRESENTED BY JOHN RODEBERG, DIRECTOR OF ENGINEERING The Planning Commission has favorable recommendation to the changes and recommends the City Council adopt the ordinance into the City Codes. d. RULES AND REGULATIONS RELATING TO CONNECTION WATER AND SEWER SERVICES Section 3.40 Connection to Wa and Sewer Services Subd. 1 Certificate Required In addition to all other charges for tapping into or connecting with the municipal sanitary sewer system, or the municipal water system, including inspection of connection, street opening fees and permit fees heretofore established by Hutchinson City Code, no connection permit shall be issued, nor shall any tap or other connection be installed, or made, with or into any municipal sanitary sewer or water system of the City, either directly or indirectly, from any lot or tract of land unless the City Engineer shall have certified as follows: (a) That such lot or tract of land to be thus served by such connection or tap has been assessed for the cost of construction of the sewer and watermain with which the connection is made. (b) If no assessment has been levied for such construction cost, that proceedings for the levying of such assessment, or assessments, have been or will be commenced in due course. Subd (c) That the cost of construction for said sewer or watermain has been paid by the developer, or builder platting said lot or tract of land: this shall not include lots or tracts served by the municipal sewer system, and which were not a part of the plat or tract development. 2 Additional Connection Charges If none of the above conditions can be certified by the City Engineer, no permit to tap or connect to any sanitary sewer or watermain shall be issued unless the applicant shall pay an additional connection fee or fees, which shall be equal to the portion of the cost of the construction and installation of water and sewer mains, which would be assessable against said lot, tract or parcel to be served by such tapping or connection pursuant to such permit. Such assessable cost shall be determined by the City Engineer upon comparable basis per front foot as similar assessments for such public improvements were determined and levied in such district or area, then such calculation shall be made upon the basis of a uniform charge per front foot, which may have or shall be estimated or levied for similar public improvement most recently constructed, such 0 determination having regard for construction costs current on the date of such determination. Subd. 3 Procedure for Additional Connection Charges (a) Written application shall be made upon forms to be provided therefor by the City and shall require information including but not limited to the following: (1) Exact legal description of premises for which water and /or sewer connection is applied, including plat and parcel number. (2) Address of premises. (3) Name and address of plumber and other contractor. (4) Name and address of owner of premises. (5) Date of opening and installation of connection. (6) General description of type and methods of connection to be used or made. E (7) Such other pertinent information as the Engineer may require from time to time. (b) The appropriate additional connection fee, or fees shall be determined by the City Engineer within ten days of the application. (c) The applicant shall enter into a contractual agreement with the City of Hutchinson whereby for payment of the additional connection fee, or fees, the premises for which water and /or sewer connection is applied shall be permitted to tap or connect to said water and /or sewer system. 0 (d) Any person, firm or corporation being aggrieved by any such additional connection charges pursuant to this ordinance, may appeal said charges to the City Council by giving written notice to the City Administrator within ten days of the date upon which determination of said.charges was made known to said applicant. In the event a hearing is requested by the applicant, the City Administrator shall set the matter for hearing before the City Council not less than ten days and not more than thirty days after request. The City Council shall review the determination of the fee, or fees, and make its final order sustaining or modifying said fee, or fees. Subd. 4 Future Assessment In the future, should sanitary sewer or water improvements be made, the abutting property would be subject to assessment for those improvements, but would receive full credit (without interest) for any connection fee or fees previously paid or levied. Subd. 5 Special Fund Any sums thus received by the City shall be deposited or paid into a special assessment fund or account and may be credited to the special assessments which may have been theretofore levied, or may be thereafter levied, for water or sanitary sewer improvements involving the premises for which such special connection fee has been collected. 0 RESOLUTION NO. 9235 CITI' OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST I PURPOSE DEPT. BUDGET VENDOR Engine Repair Est. 2,000.0 Payloader Repair Street Yes Hanson Diesel Service Softballs & Helmets 2,819.3 Recreation Program Rec. Yes MN Sports Fed. 1W The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. ] BUDGET I VENDOR Date Approved: April 24, 1990 Motion made by: Seconded by: Resolution submitted for Council action by: 7_� . HEHORANDUM TO: Gary Plotz, City Administrator w FROH: Steve Madson, Chief of Policeliv_ DATE: April 19, 1990 WWW RE: Amending Section 240 of the City Code Attached hereto please find a copy of a proposed amendment to Section 2.70 of the Hutchinson City Code. The purpose of this proposed amendment is to allow for the City of Hutchinson to appropriate unclaimed property to City use after a resolution from the City Council has been adopted to allow this. The reason for this action is to allow the Police Department and /or other city departments to utilize property which has come into the hands of the city and has not been claimed for a period of 60 days. Specifically, the Police Department finds weapons, tools, radios and other items on a routine basis and the only means for disposal at this time is by public sale. There are many items currently in possession and we foresee future acquisitions that could be utilized by this department and other city departments so that public funds would not have to be expended for the purchase of such items. I request that this proposed amendment be presented to the City Council for their review. If you have any questions or concerns regarding this memorandum please do not hesitate to contact me at your earliest convenience. /lkg 90 -02 -0025 `J A 9 ORDINANCE NO. 90 -i8 , 2ND SERIES AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 2.70 DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY; AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 2.70 entitled "Disposal of Abandoned Motor Vehicles, Unclaimed Property and Excess Property" is hereby amended by amending Subd. 2, to read: Subd. 2. Disposal of Unclaimed Property. A. Definition. The term "unclaimed property" means tangible or intangible property that has lawfully come in to the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared such by resolution of council. B. Preliminary Notice. If the City Administrator knows the identity and whereabouts of the owner, he shall serve written notice upon him at least 30 days prior to a declaration of abandonment by the council. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the City Administrator notice shall also be served upon him. Such notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it unclaimed property will be brought to the attention of the City Council after the expiration of 30 days from the date of such notice. C. Notice and Sale. Upon adoption of a resolution declaring certain property to be unclaimed property, the City Administrator shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash negotiables. Such notice shall be published once at least three weeks prior to sale. Sale shall be made to the highest bidder of public auction or sale conducted in the manner directed by the Council and its resolution declaring property abandoned and stated in the notice. In lieu of public auction or sale, any of the unclaimed property may be appropriated to the use of the City upon approval of the appropriation by resolution of the Council. J 7— D. Fund and Claims thereon. All proceeds from such sales shall be paid into the general fund of the City and expenses thereof paid therefrom. The former owner, if he makes claim within eight months from the date of publication of the notice herein provided and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefore, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest. Such payment shall be also made from the general fund. 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. The effective date of this ordinance shall be June 1, 1990. Adopted by the City Council for the city of Hutchinson this day of 1990. Mayor Attest: City Administrator Published in the Hutchinson Leader on 0 J MEMORANDUM TO: Gary Plotz, City Administrato�(,�}__ FROM: Steve Madson, Chief of Police[I(�' DATE: March 30, 1990 I � RE: Canine Purchase Attached hereto please find a completed purchase requisition in tze amount of $2,500 for the purchase of the police dog currently owned by Officer Mark Shoutz. The police dog, named "Sam ", is being purchased as a result of the City Council appropriating the necessary funds to establish a full -time K -9 unit within the police department. I request that you review the attached agreement as well as the purchase requisition and place Sam on the next council ac_enda for the appropriate approval. If you have any questions or concerns regarding this memorandum please do not hesitate to contact me at your earliest convenience. 90 -02 -0021 /lkg Y'd. PURCHASE AGREEMENT FOR GERMAN SHEPHERD DOG FOR . THE CITY OF HUTCHINSON WHEREAS, Mark S. Shoutz, is a duly licensed police officer in the State of Minnesota and is employed by the Police Department for the City of Hutchinson; WHEREAS, Shoutz is the owner of a certified American Kennel Club German Shepherd dog which is used in the performance of certain police duties for the City of Hutchinson; WHEREAS, the City of Hutchinson desires to assume ownership of the dog and Shoutz is willing to transfer ownership of the dog, otherwise known as "Sam;" NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES: 1. The City of Hutchinson will pay to Shoutz the sum of Two Thousand Five Hundred and no /100 Dollars ($2,500.00) as and for the purchase price for one certified American Kennel Club German Shepherd dog identified as "Sam." 2. Shoutz shall provide to the City all necessary documents, properly executed, to accomplish the transfer of ownership of the dog and shall further provide the City with all credentials and other documents relative to the care, treatment and ownership of the dog. 3. The City of Hutchinson shall be responsible for all veterinarian and kenneling expenses and shall further be responsible for the provision of food for the animal. Further, to the extent any liability insurance is required, the City of Hutchinson shall be responsible for providing coverage on the animal. The City is not responsible for any expenses which do not receive prior approval of the Chief of Police. �`- 1. -1- 4. It is understood and agreed that in the event Shoutz ceases his employment with the City of Hutchinson for any reason, or in the event the Canine Unit is dissolved, or in the event the dog becomes ill or unable to perform in a satisfactory manner by reason of age or otherwise, the dog, along with all credentials, will be returned to Shoutz at no additional expense to Shoutz. It is further understood and agreed that the animal will not be transferred to the care of a new animal handler without the express written permission of Shoutz. 5. The animal shall remain in the care, custody and control of Shoutz at all times. The animal shall be kenneled at the Shoutz residence except when the animal is deployed or on duty. 6. If the City of Hutchinson elects to continue the canine program, and if the animal suffers injury or damage while on duty such that it no longer qualifies for its current or equivalent certification, then the City of Hutchinson shall replace the animal at the expense of the City. The replacement animal is subject to the terms and conditions of this agreement including, but without limitation as to any other provision, the provisions of paragraph 4. 7. In the event Shoutz ceases employment with the City eighteen months from the date hereof or earlier, Shoutz shall refund to the City an amount based on the following schedule: Departure Date Payback to City 6 months or earlier from date of agreement 4 /5ths of $2500 1 year 1/2 of $2500 18 months 1 /5th of $2500 After 18 months, there would be no payback requirement. -2- 7. The City of Hutchinson shall not be responsible for any expenses, claims, liabilities or damages arising out of the use or care of the animal, or any replacement animal, except as specifically set forth in this agreement. Dated: Dated: Attest: Gary D. Plotz City Administrator Mark Shoutz CITY OF HUTCHINSON By: Paul Ackland, Mayor 0 =Q= RESOLUTION NO. 9226 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 256 LETTING NO. 2 PROJECT NO. 90 -08 WHEREAS, cost has been determined for the improvement of Monroe Street from 1st Avenue to Fair Avenue and 1st Avenue, 3rd Avenue, 4th Avenue, 5th Avenue and Fair Avenue from Adams Street to Monroe Street by the construction of Grading, Gravel Base, Curb and Gutter, Watermain, Water Services, Surfacing and Appurtenances, and the bid price for such improvement is $374,441.54, and the expenses incurred or to be incurred in the making of such improvement amount to $ 71,143.89 so that the total cost of the improvement will be $445,585.43• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $201,508.58 and the portion of the cost to be assessed against benefitted property owners is declared to be $244,076.85. 2. Assessments shall be payable in equal annual installments extending over period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of 9 per cent per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 24th day of April, 1990. Mayor City Administrator E RESOLUTION N0. 9227 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 256 LETTING NO. 2 PROJECT NO. 90 -08 WHEREAS, by a resolution passed by the Council on the 24th day of April, 1990, the City Administrator was directed to prepare a proposed assessment of the cost of improving Monroe Street from 1st Avenue to Fair Avenue and 1st Avenue, 3rd Avenue, 4th Avenue, 5th Avenue and Fair Avenue from Adams Street to Monroe Street by the construction of Grading, Gravel Base, Curb and Gutter, Watermain, Water Services, Surfacing and Appurtenances; AND WHEREAS, the City Administrator has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 8th day of May, 1990 in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid October 1st, 1990. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 24th day of April, 1990. Mayor City Administrator e-1k . /,•j e J y (612) 587-57- ,,� �HUTL"if •' � �' J � E� c °> � d '��, r e d t�;�J� � i 37V✓ASN,l. 0 VE'dJc'vVES7 �_vt NL'iCh "JSO^ P9 " 50 -50 M E M O R A N D U M DATE: April 24, 1990 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of April Attached is a listing of the delinquent water and sewer accounts for the month of April. Recommend water service be discontinued on Monday, April 30th, 1990 at Noon. • • 9, A. 2- 035 - 0540 -023 Jay Henninger 540 Second Av SW Hutchinson MN 55350 540 Second Av SW 201.92 cc: Joseph Paffel Route 1 Hutchinson MN Promises 4/30/90 2- 050 - 0635 -083 KarnaRobinson 635 Third Av SW Hutchinson MN 55350 635 Third Av SW 134.09 Promises 4/27/90 2- 070 - 0735 -032 Benjamin Hansen 735 Fourth Av SW Hutchinson MN 55350 735 Fourth Av SW 119.81 Promises 4/25/90 2- 090 - 0686 -082 David Smith 686 Fifth Av SW Hutchinson MN 55350 686 Fifth Av SW 112.67 2- 255 - 0324 -071 Michael Maiers 324 Boulder Circle Hutchinson MN 55350 324 Boulder Circle 82.65 Promise 4/28/90 2- 350 - 0225 -011 Wm Herdina 225 Dale St Hutchinson MN 55350 225 Dale St 148.37 Promises 4/30/90 2- 700 - 1585 -001 Kenneth Healy 1585 McDonald Dr Hutchinson MN 55350 1585 McDonald Dr 94.82 2- 350 - 0318 -094 Kaycee J Green 318 Dale St Hutchinson MN 55350 318 Dale St 55.55 2- 350- 0505 -021 55350 Richard Mattson 505 Dale St Hutchinson MN 55350 505 Dale St 105.53 2- 350 - 0890 -051 James Duhamel 890 Dale St Hutchinson MN 55350 890 Dale St 119.81 2- 465 - 0626 -081 Chris Johnson 626 Harmony Lane Hutchinson MN 55350 626 Harmony Lane 137.66 2- 470 - 0715 -031 E Duesterhoeft 715 Harrington St Hutchinson MN 55350 715 Harrington St 176.93 Promises May 1, 1990 2- 670 -0619 -084 Kevin Nordberg 619 Lynn Rd Hutchinson MN 55350 619 Lynn Rd 73.40 cc: R Schmidtbauer Route 2 Box 32A Hutchinson MN 55350 2- 670 - 0626 -091 Steve Synstelien 626 Lynn Rd Hutchinson MN 55350 626 Lynn Rd 198.35 0 11 C � J 11K 11 H U P U GEORGE GCRDON, CHAIRMAN DONALD ?OPP. CLERK LUCILLE ARLT. TREASURER Mr. Gary Plotz City Administrator 37 Washington Ave., W. Hutchinson, MN 55350 T C H B L I C I N S O N Dear Mr. Plotz: C� S C H O O L S JERRY JONES. VICE CHAIRMAN DOUGLAS KENNING. DIRECTOR ROGER STEARNS. DIRECTOR April 4, 10 O�$g1���13�Q,S h c � \ 82 1�a�c7b�/ The Hutchinson School District requests City Council consideration for repair /replacement of Glen Street between Second Avenue Southwest and Washington Avenue. It was intended that this request would wait a bit longer until decisions are made in reference to the use of the property on Glen Street. However, the street is deteriorating so rapidly that we now have a concern for safety. Vehicles using that street to deliver and Dick up children at the school are watching the street and turning around areas that are breaking up more than watching for pedestrians. Thank you for your consideration of this request. Sincerely, ' MatejkiV Superintendent GM:ck 9 INDEPENDENT SCHOOL DISTRICT 623 HUTCHINSON. MINNESOTA 55350 DISTRICT ACMINISTRATION 30 GLEN STREET NORTH (6121 587 26W TECHNICAL INSTITUTE OF HUTCHINSON 200 CENTURY AVENUE (612) 5893636 i BID SUMMARY SHEET $700,000 General Obligation Tax Increment Bonds, Series 1990A (Capital Appreciation Bonds) City of Hutchinson, Minnesota SALE Tuesday, April 24, 1990 BID OPENING 2:00 P.M. AWARD 8:00 P.M. E 0 Account Manager: FBS INVESTMENT SERVICES, INC. Account Members: True Interest Cost: $ - - - - - -- True Interest Rate: Account Manager: Account Members: True Interest Cost: $ 710.255.85 True Interest Rate: 7.3931% Bid Ranking: _i_ Account Manager: PIPER, JAFFRAY & HOPWOOD INC. Bid Ranking: Pass Account Members: True Interest Cost: True Interest Rate: Bid Ranking: Salefile4l EHLERS AND ASSOCIATES, INC. r BID SUMMARY SHEET $475,000 General Obligation Tax Increment Bonds, Series 1990B City of Hutchinson, Minnesota ALE: Tuesday, April 24, 1990 BID OPENING 2:00 P.M. AWARD 5:00 P.M. Account Manager: CRONIN & COMPANY, INC. Account Members: Net Interest Cost: $ 211.312.50 Net Interest Rate: 6.7620% Bid Ranking: I Account Manager: NORWEST INVESTMENT SERVICES, INC. • Account Members: Piper, Jaffay & Hopwood Inc. Net Interest Cost: $ 212.875.00 Net Interest Rate: 6.8120% Bid Ranking: _2 Account Manager: AMERICAN NATIONAL BANK & TRUST COMPANY OF ST. PAUL Account Members: Moore, Juran & Company, Inc. Net Interest Cost: $ 213.445.00 Net Interest Rate: 6.8302% Bid Ranking: _3 EHLERS AND ASSOCIATES, INC. Salefile42 • 2, Account Manager: DAIN BOSWORTH, INC. Account Members: Net Interest Cost: $ 214.252.50 Net Interest Rate: 6.8560% Bid Ranking: 4 Account Manager: Account Members: FBS INVESTMENT SERVICES, INC. Net Interest Cost: $ 215.100.00 Net Interest Rate: 6.8832% Bid Ranking: _5 • Account Manager: PARK INVESTMENT CORPORATION Account Members: Net Interest Cost: $ 216.150.00 Net Interest Rate: 6.9168% Bid Ranking: 6 Account Manager: Account Members: MILLER & SCHROEDER FINANCIAL, INC. Net Interest Cost: $ 217.990.00 Net Interest Rate: 6.9756% Bid Ranking: 7 • 0 w J 41 Account Manager: ALLISON - WILLIAMS COMPANY Account Members: Net Interest Cost: Net Interest Rate: Bid Ranking: Pass Account Manager: Account Members: Net Interest Cost: Net Interest Rate: Bid Ranking: Account Manager: Account Members: Net Interest Cost: Account Manager: Account Members: Net Interest Cost: Net Interest Rate: Bid Ranking: Net Interest Rate: Bid Ranking: • t"t' (612) 587 -5151 CITY Oar HUTCHI NSOBN 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN, 55350 M E M O R A N D U M • • DATE 24, 1990 T0: Mayor & — Cit_Z Council --------- - - - - -- FROM: Gary D. Plotz, City Administrator — — — — — — — — — — — — SUBJECT: —Bid—On Farm — Land By Wastewater Plant — —- - - - -- — — — — — — — — — — The City received three bids this afternoon for rental of the farm land located next to the wastewater plant. The bids were as follows: John Kobow Hutchinson, MN Kevin Froemming Hutchinson, MN Henry Reiner Hutchinson, MN $35 /Acre - 1st year $35 /Acre - 2nd year $38 /Acre - 1st year $43 /Acre - 2nd year $150 for 1990 crop season Based on the above bids, it is my recommendation to award the bid to Kevin Froemming for a two -year contract. cc /ms Randy DeVries �-d' j FOR RENT -- FARM LAND PUBLICATION NO. 4110 NOTICE is hereby given that the City of Hutchinson is accept- ing bids for rental of farm land along Hwy. 22 S. for an area of approximately 35 acres next to the new wastewater treatment plant. All bids shall be submitted in a sealed envelope by April 24, 1990 to City Hall, 37 Washington Avenue West, Hutchinson, MN 55350, and publicly opened at 2:00 P.M. in the Council Chambers at City Hall. The City reserves the right to reject any and all bids and to waive any informalities or irregularities. Each bid shall be ac- companied by a cash deposit, bid bond or certified check made pay- able to the City of Hutchinson in an amount equal to ten (10) per- cent of the bid. Any questions regarding the farm land should be directed to Director Randy DeVries, City Hall, 587 -5151. Gary D. Plotz CityAdministrator • d PUBLISHED IN THE HUTCHINSON LEADER THURSDAY, APRIL 19, 1990 FOR RENT -- FARM LAND PUBLICATION NO. 4110 NOTICE is hereby given that the City of Hutchinson is accept- ing bids for rental of farm land along Hwy. 22 S. for an area of approximately 35 acres next to the new wastewater treatment plant. All bids shall be submitted in a sealed envelope by April 24, 1990 to City Hall, 37 Washington Avenue West, Hutchinson, MN 55350, and publicly opened at 2:00 P.M. in the Council Chambers at City Hall. The City reserves the right to reject any and all bids and to waive any informalities or irregularities. Each bid shall be ac- companied by a cash deposit, bid bond or certified check made pay- able to the City of Hutchinson in an amount equal to ten (10) per- cent of the bid. Any questions regarding the farm land should be directed to Director Randy DeVries, City Hall, 587 -5151. Gary D. Plotz CityAdministrator • d wal "N' X's it .4 JL � MI ' �-4/1 ti MEMO TO �t* - Burns 1Vlanor, "A Health Care Center and Vursing Home" N'. APR 1990 N, N'. .RECEIVED v THE HUTCHINSON CITY MAYOR. COUNCIL. AND ADMINISTRATOR As you know, delayed Medicaid payments are seriously affecting our cash flow. In order to keep our accounts payable current, we request a temporary loan of $70,000 on or before April 27. It may he that our "flow" Will improve before then; if so, we will request only what is necessary. As it stands today, however, Mcleod County has a Medicaid processing backlog to us of $70,000, growing daily! While I and our Board have both spoken and written to their officials, no resolve is yet in sight. Would you use your collective influence with the County to . clear this backlog? On behalf of all of us at Burns Manor, we want to pay our own way We cannot continue to fall short on our commitments due gay problems. Your help is greatly appreciated! Administrator April 13, 1990 0 North High Drive Hutchinson, Minnesota 55350 Telephone (612) 587 -4919 9 ,E I DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. M�DOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. McGEE April 16, 1990 ARNOLD & MGDOWELL ATTORNEYS AT LAw 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 (612) 587-7575 TELECOPIER (012) 587.4098 RESIDENT ATTORNEY G. BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Chalupsky Assessment Our File NO. 3188 -90 -0144 Dear Gary: OPCOUNSEL WILLIAM W. CAMERON PAUL D. DOVE 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55418 (612) 545 -9000 MN TOLL FREE 800 -343 -4545 TELECOPIER(612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369 -2214 TELECOPIER(612) 389 - 5506 As you know, Mr. and Mrs. Chalupsky formerly owned property located at 1205 Jefferson Street South. An assessment search was done on February 22, 1990 which revealed deferred principal assessments in the amount of $2,358.50 plus interest. The water and sewer assessments were not activated when the property was annexed by the City of Hutchinson sometime in late 1980. Mr. Chalupsky was notified on December 11, 1980 that his property would be assessed for the water main and sanitary sewer improvement, but for some reason, no assessment roll was prepared and filed. I believe the position of Mr. and Mrs. Chalupsky is that they are unwilling to pay anything on the assessment on the theory that had they known about the assessment, or proposed assessment, prior to negotiating the sale of their house, they would have been able to get full value and have the buyer pay the assessment as part of the purchase price. The countervailing policy consideration is, of course, Mr. and Mrs. Chalupsky have had the benefit of water and sewer services for nearly ten years and have never contributed anything to the expense of the improvement. Further, they had knowledge of the proposed assessment. I s 9 -F Mr. Gary D. Plotz April 16, 1990 Page 2 We will review the legal issues prior to the next City Council meeting, but I am reasonably certain that the Chalupskys will wish to address this issue personally at the time of the meeting and accordingly, I would ask that you place this matter on the agenda for April 24, 1990, the next regularly scheduled City Council meeting. Thank you. Best regards. Very truly yours, ARNOLD & McDOWELL A6 0 ) ;5� G. Bar Anderson GBA:lm cc Mr. and Mrs. James Chalupsky 0 E BID TABULATION CITY OF HUTCHINSON 0 LETTING NO. 9 L-1 PROJECT 90 -19 DATE 4 -18 -1990 BIDDER SURETY AMOUNT DELIVERY Bergman Companies, Inc. P.O. Boa 659 X $14,420.00 Eau Claire, WI 54702 -0659 Bargen, Inc. P.O. Boa 262 X 15,260.00 Mt. Lake, MN 56159 Albany Carbide P.O. Boa 369 Albany, WI 53502 Construction Materials, Inc. 6725 Oxford St. Minneapolis, MN 55426 McBroom Construction, Inc. On the Mill Pond P.O. Boa 248 New Lo ndon. Duininck Bros., Inc. P.O. Box 208 Prinsburg, MN 56281 Highway Services, Inc. 21925 Industrial Blvd. X 27,580.00 P.O. Boa 310 Roger Northwest Asphalt Maint. RR 2, Boa 172 Goodrid e, MN 56725 Astech Corp. P.O. Boa 1025 St. Cloud, MN 56302 Sioux Falls Surface Seal, Inc. P.O. Boa 1754 X 13,440.00 Sioux Falls, SD 57101 Action Enterprises Suamico, WI 21,420.00 9 -G RESOLUTION ACCEPTING BID AND AWARDING CONTRACT RESOLUTION NO. 9242 LETTING NO. 9 Is PROJECT NO. 90 -19 WHEREAS, pursuant to an advertisement for bids for the sawing or routing, cleaning and sealing of cracks in existing bituminous pavement within the City of Hutchinson; bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Sioux Falls Surface Seal, Inc. $ 13,440.00 Bergman Companies, Inc. $ 14,420.00 Bargen, Inc. $ 15,260.00 Action Enterprises, Inc. $ 21,420.00 Highway Services, Inc. $ 27,580.00 AND WHEREAS, it appears that Sioux Falls Surface Seal, Inc. of Sioux Falls, South Dakota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Sioux Falls Surface Seal, Inc. of Sioux Falls, South Dakota, 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 City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made 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 City Council this 24th day of April, 1990. Mayor City Administrator i 9 -G M E M O R A N D U M 0 April 19, 1990 TO: Mayor & City Council FROM: Doug Meier, Maintenance Operations supervisor SUBJECT: Recommendation To Award Fuel Contract On March 21, 1990 a letter was sent to all retail fuel dis- tributors in the City of Hutchinson for the purchase of regular gasoline, unleaded gasoline, diesel fuel, and alcohol blended gasoline for use in City -owned vehicles. In response to the letter, Cenex Co -Op and Total Mart were the only distributors that indicated they could comply with specifications set forth in the letter, and their bids are as indicated below. Cenex Co -Op .089 per gallon over Koch fuel posted price Total Mart .12 per gallon over Koch fuel posted price 0 Based on the bids submitted, I recommend that Cenex Co -Op of Hutch- inson, MN be awarded the contract for supplying fuel to the City of Hutchinson for the period May 1, 1990 through May 1, 1991. My rec- ommendation is based on the fact that Cenex Co -Op was low bidder. /ms q —! 0 0 AGREEMENT STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT 66993 S.P. 4305 -22 (T.H. 15 =151) Fed. Proj. F 015 -2(54) Agreement between The State of Minnesota Department of Transportation, and The City of Hutchinson Re: City cost storm sewer facilities, city utilities facilities, curb and gutter and concrete walk construction by the State on T.H. 15 from 5th Ave. Northeast to North High Drive in Hutchinson AMOUNT ENCUMBERED (None) ESTIMATED AMOUNT RECEIVABLE $276,563.63 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Hutchinson, Minnesota, acting by and through its City Council, hereinafter referred to as the "City ". 9 -s f, FQQI WITNESSETH: WHEREAS the State is about to perform grading and concrete pavement construction and other associated construction upon, along and adjacent to Trunk Highway No. 15 from Engineer Station 1313 +40 (5th Avenue North in the City) to Engineer Station 426 +00 (6.7 miles north of the McLeod Meeker County Line) in accordance with State plans, specifications and special provisions designated as State Projects No. 4305 -22 (T.H. 15 =151), No. 4305 -23 (T.H. 15 =151) and No. 4706 -26 (T.H. 15 =151) and in the records of the Federal Highway Administration as Minnesota Project F 015 - 2(54); and 0 0 WHEREAS said state contract includes storm sewer facilities, city utilities facilities, curb and gutter and concrete walk construction to be performed under said state contract over and above that necessary to accomodate normal trunk highway traffic; and WHEREAS the City has expressed its willingness to participate in the costs of the storm sewer facilities, city utilities facilities, curb and gutter and concrete walk construction as hereinafter set forth; and P -2- 66993 WHEREAS the City requested and the State concurs in, a transfer of a portion of the City's allocation of Federal Aid Urban Funds, to the State's Federal Aid Primary Fund account so that Federal -aid funds, at the rate of 76.75 percent, may be applied to a portion of the City's share of the costs of the Trunk Highway No. 15 construction to be performed under State Project No. 4305 -22 (T.H. 15 =151); and WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Projects No. 4305 -22 (T.H. 15 =151), No. 4305 -23 (T.H. 15 =151) and No. 4706 -25 (T.H. 15 =151) in accordance with State plans, specifications and special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are 9 -3- 66993 made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All of the contract construction shall be performed in compliance with the approved plans, specifications and special provisions. Section C. Plan Changes, Additional Construction Etc The State shall make changes in the plans and /or contract construction, which may include the City cost participation construction covered under this agreement, and shall enter into any necessary change orders or supplemental agreements with the State's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State's District Engineer at Willmar or his authorized representative will inform the appropriate City official of any proposed change order or supplement to the construction contract which will affect the City cost participation covered under this agreement. I] 9 -4- E 66993 Section D. Satisfactory Completion of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. ARTICLE II - INSPECTION BY THE CITY The City cost participation construction covered under this agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this agreement has not been properly performed or that the construction is defective, the City shall inform the State's . District Engineer in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the City cost participation construction covered under this agreement has been satisfactorily performed by the State's contractor. 9 ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" and EXHIBIT "A" A preliminary SCHEDULE "I" and color coded EXHIBIT "A" are attached hereto and made a part hereof by reference. The preliminary SCHEDULE "I" includes all anticipated City cost participation construction items and the construction -5- ; %rte r 66993 engineering cost share covered under this agreement, and is based on engineer's estimated unit prices. EXHIBIT "A" shows all anticipated City cost participation storm sewer facilities construction covered under this agreement. Section B. City Cost Participation Construction All of the following construction to be performed upon, along and adjacent to Trunk Highway No. 15 from 5th Avenue Northeast to North High Drive within the corporate City limits under State Project No. 4305 -22 (T.H. 15 =151). The construction includes the City's proportionate share of the mobilization, field laboratory, maintenance and restoration of haul roads and traffic control. 100 PERCENT 1. All of the sanitary sewer facilities and watermain facilities construction. 2. All of the curb and gutter design special construction to be performed on the east side of the Trunk Highway No. 15 frontage road from Griffin Avenue to North Woods Avenue. 40 PERCENT minus all anticipated Federal -aid funding All of the sodding type lawn and concrete walk construction. 0 l_J 0 66993 38 PERCENT minus all anticipated Federal -aid funding All of the storm sewer facilities construction as shown and /or described in "Orange" color on the attached EXHIBIT "A" Section C. Construction Engineering Costs The City shall pay a prorated share of construction engineering costs for field engineering and inspection, preparation of progress and final estimates reports, and material testing and inspection in connection with the City cost participation construction covered under this agreement. Those construction engineering costs shall consist of charges made by State personnel assigned to the construction contract and shall be "Time Report" (Form TC 30) and the "Cost Distribution" (Form TC 32). The City construction engineering cost share shall be 9 determined using the method and formula set forth in the attached SCHEDULE "I ". Note: For the purpose of estimating the City's share of the construction engineering costs, the State shall use an amount equal to 8 percent of the estimated total cost of the City participation construction covered under this agreement until the final City participation construction cost share is computed. -7- a' 1� recorded under State construction cost accounting code numbers appropriate for such construction engineering activities on forms "Time Report" (Form TC 30) and the "Cost Distribution" (Form TC 32). The City construction engineering cost share shall be 9 determined using the method and formula set forth in the attached SCHEDULE "I ". Note: For the purpose of estimating the City's share of the construction engineering costs, the State shall use an amount equal to 8 percent of the estimated total cost of the City participation construction covered under this agreement until the final City participation construction cost share is computed. -7- a' 1� 66993 Section D. Change Orders and Supplemental Agreements The City shall share in the costs of construction contract change orders and supplemental agreements which are necessary to complete the City cost participation construction covered under this agreement. Section E. Settlements of Claims All settlements of claims made with the State's contractor in connection with the City cost participation construction covered under this agreement shall be shared by the State and the City. All liquidated damages assessed the State's contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. ARTICLE IV - PAYMENT BY THE CITY Section A. Estimate and Advancement of the City's Cost Share It is estimated that the City's share of the costs of the contract construction plus the construction engineering cost share is the sum of $276,563.63 as shown in the attached preliminary SCHEDULE "I ". 0 66993 A portion of the City's allocation of Federal -aid Urban monies has been transferred to the State's Federal -aid Primary Fund account so that Federal -aid funds, at the rate of 76.75 percent, may be applied to a portion of the City's share of the costs of the construction to be performed under State Project No. 4305 -22 (T.H. 15 =151). The State has reduced the City's estimated cost share of the State projects as shown in the attached SCHEDULE "I" and shall reduce all subsequent revisions of the City cost share by 76.75 percent where appropriate. Upon award of the construction contract the State shall prepare a revised SCHEDULE "I" based on construction contract unit prices • and shall submit a copy to the City. The City shall advance to the Commissioner of Transportation the City's total estimated cost share as shown in the revised SCHEDULE "I', be it more or less than the sum of $276,563.63, upon execution of this agreement and upon receipt of a request from the State for such advancement of funds. Section B. Final Payment by the City Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State shall prepare a final SCHEDULE "I" based on final quantities of City cost participation construction performed, and me ;,�:t'J_ 66993 shall submit a copy to the City If the final cost of the City participation construction covered under this agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. If the final cost of the City participation construction covered under this agreement exceeds the amount of funds advanced by the City, the City shall promptly pay the difference to the State without interest. Pursuant to Minnesota Statute section 15.415, the State waives claim for any amounts less than $2.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $2.00 of those funds advanced by the City. Section C. Acceptance of City's Cost and Completed Construction The computation by the State of the amount due from the City shall be final, binding and conclusive. Acceptance by the State of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. _10_ i 0 s --/, 6 ARTICLE V Section A. The City m determines desirable, 66993 - GENERAL PROVISIONS Plan Changes ay request changes in the plans. If the State that the requested plan changes are necessary and /or the State will cause those plan changes to be made. Section B. Replacement of Castings The City shall furnish the State's contractor with new castings and /or parts for all inplace City -owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except replacements required of castings and /or parts broken or damaged by the s State's contractor. Section C. Utility Permits The City shall, within 90 days after the satisfactory completion of the City -owned utilities contract construction, submit to the Director of the State's Agreement Services Section five copies of a permit application, including was built" sketches, for all City -owned utilities constructed upon and within the trunk highway right -of -way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right -Of -Way" (Form TP2525). E -11- [-1f01IN The City, through the State, shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, pursuant to Minnesota Statute section 115.07 or Minnesota Rule 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction to be 0 performed by others under the construction contract. When the Minnesota Pollution Control Agency issues that permit or waiver, the City will promptly furnish the State a copy of that permit or waiver so that the construction or reconstruction may be performed by the State's contractor. The City is advised that pursuant to Minnesota Rule 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. Section D. Maintenance by the City Upon satisfactory completion of the Trunk Highway No. 15 Frontage Road construction and all of the facilities a part thereof to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadways, without cost or expense to the State. Maintenance shall include, but not be limited to, snow and debris removal, -12- 0 • 66993 resurfacing and /or seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Upon satisfactory completion of the storm sewer facilities and City -owned facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. Furthermore, neither party to this agreement shall drain any additional drainage into the storm sewer facilities that was not included in the drainage for which the storm sewer facilities were designed without first construction contract are shown in a drainage area map, EXHIBIT "Drainage Area ", which is on file in the office of the State's District Hydraulics Engineer at Willmar and is made a part hereof by reference with the same force and effect as though fully set forth herein. i Upon satisfactory completion of the pedestrian walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance shall include, but not be limited to, snow -13- f KP_ obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area ", which is on file in the office of the State's District Hydraulics Engineer at Willmar and is made a part hereof by reference with the same force and effect as though fully set forth herein. i Upon satisfactory completion of the pedestrian walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance shall include, but not be limited to, snow -13- f KP_ 66993 0 and debris removal and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Section E. Claims All employees of the State and all other persons employed by the State in the performance of contract construction and /or construction engineering covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction and /or construction engineering covered under this agreement shall in no way be the obligation or responsibility of the City. All employees of the City and all other persons employed by the City in the performance of maintenance covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this agreement shall in no way be the obligation or responsibility of the State. u -14- 0 rrooII The City at its own sole cost and expense shall defend, indemnify, save and hold harmless the State and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or causes of action of whatsoever nature or character arising out of or by reason of maintenance covered under this agreement including an action or claim which alleges negligence of the State, its agents, officers or employees. Section F. Nondiscrimination The provisions of Minnesota Statute section 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section G. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. i _15_ 66993 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By dttAfd g amen 4 m Director Agreement Services Section By District Engineer By Deputy Division Director Technical Services Division Approved: By Deputy Commissioner of Transportation Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Special Assistant Attorney General CITY OF HUTCHINSON By Mayor Date By City Clerk Date DEPARTMENT OF ADMINISTRATION Approved: By (Authorized Signature) Date LJ -16- 1-e 0 - 1 - PRELIMINARY SCHEDULE "I" At r c'mq(jt_N2p. hL35�7_7 ,.y of - Hutchinson .. Pre March 1, 1990 Sanitary sewer — tom sewer w L :grqgin facilities,cqncre g t�� k and Lg�kj -i,Lid cju-tc�r _ �L:L_ - and . t constr a - ion p erformed under State Con tract L No. with locat on T.H. 15 from 5th -Aye. N�K. iMitS Of HUtChi to_t-he north cor porate rlso n pQr CITY COSI PARTICIPATION NON FEDERAL-AID FEDERAL-AIILPOR:rI(IN PORTION FEDERAL CITY CITY From 9hee $249,016.95 F rom __g_hekq_t No 4 7 3�L $2 J_�Q.Zq From Sheet No. 5 ...... 16�O2�6 _QlL 4 E376.:? I. _ t a I s 923, $7.060.49 $249 ,016.95 -Ci)-- Construction -E-iiaineering (E st. E3%) 1 9 64_97 19.921.3� Subtotals $25.171.75 $7 625.7,2 $268,938.31 2) Less 25, 1 71,78 ub.tot_ajs $.()Q $7 , 25 Tg tal - Ci ty $276 based on Actual Construction Enaineerino Costs (2) Credit to the Citv as described in Article IVLc3 ZttoLl A Of _tb9_eV2_r_E!9M9Q_t.__ - 1 - (1) = 1007. City 66993 ITEM NUMBER S.P. 4305 -22 WORK. ITEM UNIT QUANTITY (1) UNIT PRICE COST (1) 20 2 1a01 Mobil ization Lump Sy�m� E ach 05 200,000.00 10,000,00 ;031.503 Fi eld Labor atory Ty D 05 3.000 -Q 150,00 _ 2051.501 Maint . and est pration of Ha ul Roads _Lump Sum_ i[1;Ft� L in. Ft. 0 1.00 .05 2104,501 2104.501 Fjemov_e Watern1<iiD _ _._� 650_0C) 91O -- )_O 4 44.00_ 4.00_ 7 . 0C 7. CIO _ 55 420. 4,550.00 Remove Sewer P(San - ipet 630. CIO - - _2104,5,CJ5 2104.509 geoys Bitu Pa veme nt Sq. Y Each 68 _ ^_ Remove Hydrant 1, Ma nholes o Catch Ba Each 8 .04 5 . CIO 144.00` 73._00 1 65.00 1,320.00 + 2104.509 210 4.509 _Remove Rem ove Valve and Box E ach 250.00 1„250.00 _2211_501 0.501 V _Fa,[,lgregate Ba Class 5 In 4. 676.80 _ Cont_r.-qtor Testi Ton _Ign _ .60 43.80 -2 2340.5 T 31 S hould er Mixture _- 7 3_00 1 7.00 _ 1,241.00 2451. 2501_511 _Granula Beddi (LV) Cu. Yd. 6.80 979.20 ° fiC, Sewe _Lin. Ft._ _ din. Ft. 80.00 963.0 26 .10 2.068.00 2303._511 _18, _b'! PVC Pipe S ewer 12 .50 12,037.50 255 ,� !.5r� )4.69 PV Pip SE?W Lin Ft_ 1�70 2_Q( :) 4 .00 1 5.20 25,870.40 _8 GAte alye and Box Each SOO,riO 2 _6" 8" Gate Valve and Box Eac 2 .40 1 9.00_ 620.00 1,240.00 _ 0504. 602 05 04.602 1" Curb Stop and Box Eac 00.00 1,520.0 05fj 60� Q504.6 1" Cor poratio n -O Each 19. 00 5. 00 - 50• f10_ 950,00 Hydrant Each 1 10,80.00 gQ_4, 0504.64 12" Butted v Val wikh M.H. -Eac[I -_ _ea _ ac 2.Op j, 5 (10.Ob � L 80 0.00 3.5fj0. 7 } utterfl Vglye with H. 2.( �0 9 1 69 0,00 U (04.6Qj: 0504 U 09U4.4� 0, 04,603 _18_ Water Ga_t,g_1a}ve H. 1 _.Oq 1.532.00 3,5 00.0 _ 26,B1 n,Cr4 _1 b" Water aip Duct Iran CL 5 _Lin• F 1 7 i� 4�aL�r�lakn�4P� Ps6_5 L in. Ft,,_ yi_r Ft 20.04 _qCr) 2 8.50 400.00 _p'- J,2" Wa ter Main Duct Iron C L ­ �_ 0- .p 74,670.00 8 "Water Main Duct Iron CL 50 LA Ft_ 200. Or 5 0.00 10,000.00 Tyke K Cooper a pe Ft_ 6 80.00> -- f .0(7 1 20. CIO 7 4,760.00 05 04.62( ) -1" Du ctile ro Fn itti g P ound 1.2 C! 7,014,0 2,506.506 _ L "ons r�i ct Manholes Design 4007 E ach 13 5. 0O 16,200,00 z- - 2 - 0 is 0 0 66993 ITEM NUMBER S.P. 4305 -22 WORT: ITEM UNIT QUANTITY (1) UNIT PRICE COST (i) 25o6.516 2 �;U. _.0`563.601 Cas Assemb E ach 15 _0( 40 .1)0 3.600.00 CUncr Curb and Gutter Des. a)_ Lin. _F Lum.p aum 572_00 05 9 5,14 8_00 _Sp gg Trg_f±Lq Control 12 9O O.00 600.00 _ — Total $249.016.95 10 0% City - $2 - 3 - 66993 ITEM NUMBER S.P. 4305-22 WORk ITEM UNIT OUANTI Y (2) UNIT PRICE COST (2) 2575,505 2o.271.05 So ing Ty ve Lawn jjq. Yd. 1 15 -4~ 0 • i W-%*kKl F ITEM NUMBER S.F. 4305 -22 WORK ITEM UNIT QUANTITY (3) UNIT PRICE COST (3) _2r)_21.5r,11 _ G i =ci i Q91 �5Sii X901 MotLtl zat' imp Sum . 01 200 000.00 2,000.00 Field L a raty!"Y Tv e Il _L E�, Lurn. SSum Eac _r? 3.Or- rr���> i.00 30.00 rLc) R estorat ion o Ha t�lI Rgg 1s of .0 1 . _M ,in_t,� 15 " R- , C, Pipe Apron 1 0o 200_00 _ 240.0 200.00 R-5 i,515 i" P2 C. Pip Aa ron _Egst _Li� Lin l Ft. Lin Ft I. (:)o i,,!]17.0_r7_ a 180 .00 2.15 ._00 4 ,C?0 11.00 2240.0 E 503.511 2503,511 2" F .C. r 19_.71_ 20,,03 R.C. Pipe Sewer 23. 12,458.40 250 3 ,� i1 _1 3" R Pipe Sewer 2 6.10 4,698.00 2503,511 _18" 21" R. C. Ripe Sew Li,p,, 29.40 6,32 1_00 2 506.50 7 Constru Catch Basins Des i�cn C or G Lin- .�F_t_ _E at�h 0 6 ,450.00 2506 Ca_ti Assemblies 24 .Q 2,640 0563 Traffi Control Lu_r_p 12,000.00 120.00 To tal $55.192.31 (3) 62% t7¢.75% Federal - X2 .2 t23,257,_State - -- 1 7,955,27) 3Q% (76 75% Federal - $16 ,196 (23,29'. City -- a 4,876.244) - 5 - 66993 ACTUAL CONSTRUCTION ENGINEERING COMPUTATION (Based on Total Contract Costs) COMPUTATION NO. 1 C = Total Contract Amount E = Total Construction Engineering Cost Amount Incurred P = Prorata Percentage (E : C) x 100 = P (Percentage for Construction Engineering) NOTE: If P above exceeds 15% (1) use Computation No. 2 below to compute the City Federally -Aided matching portion only. City Non Federal -Aid portion will be percentage as computed in Computation No. 1. (1) Current Federal Maximum Subject to Change When Finaled COMPUTATION NO. 2 (To be used to compute excess City share of construction engineering costs not federally funded on City Federally -Aided matching portion.) P = Prorata Percentage from Computation No. 1 above FC a Total City Construction Costs Qualifying for Federal -Aid FE Total Federal Construction Engineering Costs for City Construction Costs Qualifying (P x FC) - FE = City's Construction Engineering Costs for City Construction Costs Qualifying for Federal -Aid - 6 - u �J T.N. 15 ® I w a � g � U S U m i -] EXHIBIT "p" AGREEMENT NO. 66992 City of 11utchl1 E.P. 4205 -22 (T.R. 15) 76.]5 % FEDERAL — 22 .25 %(62 %STATE - 29 % CITY) Onn6a 100% CITY O Yellow z d !4 66993 CITY OF HUTCHINSON RESOLUTION BE IT RESOLVED that the City of Hutchinson enter into Agreement No. 66993 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: to provide for payment by the City to the State of the City's share of the storm sewer facilities, sanitary sewer facilities, watermain facilities, concrete walk, sodding and curb and gutter construction to be performed upon, along and adjacent to Trunk Highway No. 15 from 5th Avenue Northeast to North High Drive within the corporate City limits under State Project No. 4305 -22 (T.H. 15 =151). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. • CERTIFICATION State of Minnesota County of McLeod City of Hutchinson I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of Hutchinson at a duly authorized meeting thereof held on the day of 1990, as shown by the minutes of said meeting in my possession. City Clerk u �--T, RESOLUTION NO. 9240 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 257 LETTING NO. 3 PROJECT NO. 90 -09, 90 -10, (S.A.P. 43- 607 -09), 90 -11, WHEREAS, cost has been determined for the improvement of : REVISED COPY 90 -12 Project No. 90 -09 - South Grade Rd. from Dale St. to School Site by the Construction of Grading, Gravel Base, Curb and Gutter, Sidewalks, Surfacing and Appurtenances; Project No. 90 -10 - Dale St. from South Grade Rd. to 400' North of Linden Ave. by the Construction of Grading, Gravel Base, Curb and Gutter, Storm Sewer, Sidewalks, Surfacing and Appurtenances; Project No. 90 -11 - Goebel St., Graham St., Larson St., Kay St. North of Goebel St. and 8th Ave. S.W. from Dale St. to 150' West of Graham St, all in Wagner's Development Corporation Plat, by the Construction of Curb and Gutter, Bituminous Base and Appurtenances; Project No. 90 -12 - Graham St. in Stillings -Hoeft Addition by the Construction of Curb and Gutter, Bituminous Base and Appurtenances; and the bid price for such improvement is $313,166.80, and the expenses incurred or to be incurred in the making of such improvement amount to $59,502.97, so that the total cost of the improvement will be $372,669.77. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $158,351.78, and the portion of the cost to be assessed against benefitted property owners is declared to be $214,317.99• 2. Assessments shall be payable in equal annual installments extending over period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of 9 per cent per annum from the date of the adoption of the assessment resolution. 3• The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 24th day of April, 1990. City Administrator Mayor RESOLUTION NO. 9240 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 257 LETTING NO. 3 PROJECT NO. 90 -09, 90 -10, (S.A.P. 43- 607 -09), 90 -11, 90 -12 WHEREAS, cost has been determined for the improvement of : Project No. 90 -09 - South Grade Rd. from Dale St. to School Site by the Construction of Grading, Gravel Base, Curb and Gutter, Sidewalks, Surfacing and Appurtenances; Project No. 90 -10 - Dale St. from South Grade Rd. to 400' North of Linden Ave. by the Construction of Grading, Gravel Base, Curb and Gutter, Storm Sewer, Sidewalks, Surfacing and Appurtenances; Project No. 90 -11 - Goebel St., Graham St., Larson St., Ray St. North of Goebel St. and 8th Ave. S.W. from Dale St. to 150 West of Graham St, all in Wagner's Development Corporation Plat, by the Construction of Curb and Gutter, Bituminous Base and Appurtenances; Project No. 90 -12 - Graham St. in Stillings -Hoeft Addition by the Construction of Curb and Gutter, Bituminous Base and Appurtenances; and the bid price for such improvement is $313,166.80, and the expenses incurred or to be incurred in the making of such improvement amount to 359,501.69, so that the total cost of the improvement will be $372,668.49. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ , and the portion of the cost to be assessed against benefitted property owners is declared to be $ 2. Assessments shall be payable in equal annual installments extending over period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of 9 per cent per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 24th day of April, 1990. 0 City Administrator Mayor 9 -1� RESOLUTION N0. 9241 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 257 LETTING NO. 3 PROJECT NO. 90 -09, 90 -10 (S.A.P. 43- 607 -09), 90 -11, 90 -13 WHEREAS, by a resolution passed by the Council on the 24th day of April, 1990, the City Administrator was directed to prepare a proposed assessment of the cost of improving: Project No. 90 -09 - South Grade Rd. from Dale St. to School Site by the Construction of Grading, Gravel Base, Curb and Gutter, Sidewalk, Surfacing and Appurtenances; Project No. 90 -10 - Dale St. from South Grade Rd. to 400' North of Linden Ave. by the Construction of Grading, Gravel Base, Curb and Gutter, Storm Sewer, Sidewalks, Surfacing and Appurtenances; Project No. 90 -11 - Goebel St., Graham St., Larson St., Kay St. North of Goebel St. and 8th Ave. S.W. from Dale St. to 150' West of Graham St., all in Wagner's Development Corporation Plat, by the Construction of Curb and Gutter, Bituminous Base and Appurtenances; Project No. 90 -12 - Graham St. in Stillings -Hoeft Addition by the Construction of Curb and Gutter, Bituminous Base and Appurtenances; AND WHEREAS, the City Administrator has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 22nd day of May, 1990 in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid October 1st, 1990. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 24th day of April, 1990. I] 0 City Administrator Mayor q —T (612) 537 -5i5i CITY OF HU C *V1PJS0PJ 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Consideration of conditional use permit requested by 3M Co. for solvent recovery system Pursuant to Section 8.03, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On December 6, 1989, Mr. Patrick McGrann, 3M Civil Engineering, 3M Company, submitted an application for a conditional use permit to allow them to construct a. solvent recovery system within the 100 year Floodway Boundary of the south fork of the Crow River. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, January 16, 1990 and continued until the regular meeting held on Tuesday, April 17, 1990, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, January 4, 1990. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above provided proper requirements are met as set by the DNR, FEMA and the City. Respectfully submitted, William Craig, Chairman Hutchinson Planning Commission I , � r 0• 1 ee i O'T - ---r- -; L N T _. .;1 qz i ` �� �. .I'Q� 'ems -' L p. I l : L i � ,. / �Y • s \\� \+ { ..\ I �y�` r . � � I {�, � ..V• � i ��aR,� r a _ M � 1— 1 _ �._ /; race ar. e �( A .Ir }! I _ yA I (\ I ••' r ` I �. I •• I / I/ Y III •�1 fj \ w I E PL N II- i I L 3SL. V I I r• ! I . RECO VERY 1. .. ... r 6r ER / I 1 501 'EN'f TAN. ♦ FARtd O O \' O ZONE "AIl / r - ZONE a e . ZONEATI J '- %o 7,7177 RESOLUTION NO. 9236 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW A SOLVENT RECOVERY SYSTEM IN FLOODWAY LOCATED AT 3M CO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. Patrick MCGrann, 3M Civil Engineer, 3M Company, St. Paul, MN, has made application to the City Council for a Conditional Use Permit under Section 8.03 of Zoning Ordinance No. 464 at allow them to construct a solvent recovery system within the 100 year boundary of the south fork of the Crow River with the following legal description: Part of lots 4 and 5 and all of lots 6 and 7 all being in block 66 City of Hutchinson, Minnesota; part of lots C, D, E and F and all of lots A and B, all being in auditors plat of south half of Section 6, Township 116N, Range 29 W, McLeod County, Minnesota. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above provided proper requirements are met as set by the DNR, FEMA and the City. Adopted by the City Council this 24th day of April, 1990. ATTEST: 40 Gary D. Plotz City Administrator Paul L. Ackland Mayor 9 /WC. ' (612) 587 -5151 CITY OF # 4 -. 7 U-7CPJIv"1S0,PJ 37 WASHNGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Consideratinn of Pursuant to Section 8.03, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On December 6, 1989, Mr. Patrick McGrann, 3M Civil Engineering, 3M Company, submitted an application for a conditional use permit to allow them to construct a solvent Tank Farm with secondary containment diking for the storage of solvent, within the 100 year boundary of the south fork of the Crow River. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, January 16, 1990 and continued until the regular meeting held on Tuesday, April 17, 1990, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, January 4, 1990. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above provided proper requirements are met as set by the DNR, FEMA and the City. Respectfully submitted, William Craig, Chairman n ,/ Hutchinson Planning Commission q K RESOLUTION NO. 9237 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW A SOLVENT RECOVERY SYSTEM IN FLOODWAY LOCATED AT 3M CO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. Patrick McGrann, 3M Civil Engineer, 3M Company, St. Paul, MN, has made application to the City Council for a Conditional Use Permit under Section 8.03 of Zoning Ordinance No. 464 at allow them to construct a solvent Tank Farm with secondary containment diking for the storage of solvent, within the 100 year boundary of the south fork of the Crow River with the following legal description: Part of lots 4 and 5 and all of lots 6 and 7 all being in block 66 City of Hutchinson, Minnesota; part of lots C, D, E and F and all of lots A and B, all being in auditors plat of south half of Section 6, Township 116N, Range 29 W, McLeod County, Minnesota. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above provided proper requirements are met as set by the DNR, FEMA and the City. Adopted by the City Council this 24th day of April, 1990. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor L1 i 9 -f( /�" ` 'I * )587-5157 ';Iyarcy" CITY OF HUT+CHINSON 37 WASHINGTON AVENUE WEST - HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planninq Commission SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY DAVE KLOPP Pursuant to Section 6.05, B3, of Zoning Ordinane No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On March 26, 1990, David H. Klopp submitted an application for a variance to allow him to reduce the 6' setback from the alley line for a garage addition located at 425 3rd Ave SE. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 17, 1990, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 5, 1990. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be garnted, based on the findings set forth above. Respectfully submitted, . William Craig, Chairman Hutchinson Planning Commission f —Z' I of of I I 8ix�� i o I r I I� l I I i I j Ili' ,II i i i I i I I I I l� i j i i I I i �I l I I I �� fr I .° i I I 'l7oio R i of I I 8ix�� i o I r I I� l I I i I j Ili' ,II i i RESOLUTION NO. 9238 RESOLUTION GRANTING VARIANCE FROM SECTION 6.05 OF . ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER TO REDUCE SETBACK TO CONSTRUCT A GARAGE ADDITION T BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. David Klopp has applied for a variance from Section 7 of Zoning Ordinance No. 464 to allow him to reduce the 6' setback from the alley line for a garage addition located at 425 3rd Ave. SE with the following legal description: Lot 5, except East 51' Block 25 Townsite of Hutchinson South Half City of Hutchinson 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be granted. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CONCLUSION The application for variance for the purpose designated is granted based upon the findings set forth above. 0 Adopted by the City Council this 24th day of April, 1990. Gary D. Plotz, City Admin. Paul L. Ackland, Mayor (67:2) 587.5151 37 WASHINGTON AVEI`,(UE WEST HUTCHINSON, )%4',`,':' 55350 M E M O R A N D U M DATE: April 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVE KLOPP Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On March 26, 1990, Mr. David Klopp of Hutchinson, submitted an application for a conditional use permit to allow him to construct an addition onto a nonconforming garage located at 425 3rd Ave SE. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 17, 1990 at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 5, 1990. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above. Respectfully submitted, William Craig, Chairman Hutchinson Planning Commission 9-1n I O I� i I I ' I 1 1 ! ' i I I � I I I i I 1 1 I 1 I I I I , I I 1 ! i I i I i i I 1 I I k1, 1 i I � j• 1 I i Pir r i I' i i I I I I I i i i 1 i I l I JJ l/ V I I I I - 1 I I I I I I I I I I I I 1 I I 1 flc ���; I ,0 r I I I tom, polo oil I I I le Ili I� 01H I i I I I I ! I i i I 1 1 ! ' i I I � I I I i I 1 1 I 1 I I I I , I I 1 ! i I i I i i I 1 I I k1, 1 i I � j• 1 I i I I I i i i 1 i I l I 0 RESOLUTION NO. 9239 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO CONSTRUCT A GARAGE ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. David Klopp, Hutchinson, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 at allow him to construct an addition onto a nonconforming garage located at 425 - 3rd Ave. SE with the following legal description: Lot 5, except East 51' Block 25 Townsite of Hutchinson South Half City of Hutchinson 0 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above. Adopted by the City Council this 24th day of April, 1990. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor (612) 587 -5151 If T CITY OF HUTCHINSON 37 WA.SHAG i ON AVENUE WEST NUTCHi; :SON, MINN. 5S- M E M O R A N D U M DATE: April 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT OF BACHMAN'S 1ST ADDITION (2 MILE RADIUS) The Planning Commission recommends approval of the plat. `.J 0 9- �v. r�tl - 'LAI Ut LUI ONE, BL0( BAC H MAN'S FIRST AD D I T 101 0 I c i I I I i 599 7 '20'E 345.00 S '630 S I � I I r `J 1 I I BLOCK ONE - a f��o ••J r • 0 1 n I ' i l l ^Crl .r1 , � - �zi v o 2 1 I i n n I j 1 A I f 1 � N f I I 1 1 I I I )! 33 N93• U'00 "W I I e 9.1_1 Jl[ Y,1_E 1 — _ I I f!, St�tc of Mrnn...;r County of Me LeoJ Office of C�enty A.Idit"r 110 delinluent • aXn. ^. ar.l lrvc.i ^f ont �. r....1. Fate• 9 ' {� j — // / / Y ( 12) `37.5161 ' 4 ,L'7- -,�h ti� l PJUt'✓✓ St /< h: 0 M E M O R A N D U M DATE: April 18, 1990 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF TEMPORARY SIGNS REQUESTED BY JERRY BROWN, BROWN'S FLORAL 0 The Planning Commission recommends approval of the sign request. -Brown's Sreenhouse 7 IF VO GI VI QUALITY POTTED PLANTS FLOWERS 125 MICHIGAN STREET HUTCHINSON. MINNESOTA 55350 April 8, loco Hutchinson City Council Planninr Commission Dear Sirs; BUS.: 612.679.6 HOME: 612.679.61 As per pr -vious veers I would like to nut un two ternorery sins during the snring bedding plant season; late Anril into June. One sign at the corner of Yichiean StreFt and '�irhwav 7 and the other at the corner of Adams R, 2nd Ave SE. (Luc- Ulrich, 7OKAdams) Thank you. Sineprely, Jerry Brown 0 u O . (612) 5137 -5151 37 ',VASH, NG TCN AVENUE WEST HUTCH,INSON, A4�.%;N. 55350 M E M O R A N D U M DATE: April 18, 1990 To: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF "HUTCHINSON" SIGN REQUEST BY HUTCH AMBASSADORS The Planning Commission recommends approval of the sign request. i E 9 -P r (612) 587 -5151 CITY OF HUTCHINSON 37 WASITYNGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M FOR YOUR INFORMATION DATE: April 13, 1990 TO: FROM SUBJECT: Hutchinson Planning Commission _ — Jim Marka, Building_Official___ HUTCHINSON AMBASSADORS SKETCH PLAN -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — The Hutchinson Ambassadors are proposing to construct (1) HUTCHINSON sign at each of the (5) major entrances to the city. (5 - total signs) is This proposed project may take up to 5 years (1 per year) depending on finances. The first proposed project (1990) is located blest of Super America on city property. The sign is approximately 8' X 20' of permanent nature with frost footings, a decorative block base, with the word HUTCHINSON cut out of the aluminum sign structure lit with indirect fluorescent bulbs. Funds for landscaping around the sign will also be provided. cc: City Councilx Butch Wentworth, Hutch Utilities John Rodeberg, Director of Engineering Gary Plotz, City Administrator 9 JM /bb 9- p .... .,.. .e ..uw ..:k....La:_e— .....w.� , ..u�.e.".rw�:r..."c. ..w.....ux..•Kwaa..:... r.M H' A ZO , X /G e H[L sTar( Fr rw t 'f'e r ,'r r 5 � eoT 11-1 I , /O - L� � a7E17 f r s c,..T - . �T �j�JL . /d -UG,IG N ��OrtJG' P.�LlJG/G STAN /,r4/1/� <',,i / ii :r- -h4r�rt Aver ILI O I \ 1 LOL , �S �/ - ,PlOLT PASTg.V /.t./lr> Ali / A544 r L s'T<7.t/,Off X3�oa PS/ GpNGrrCET� FO�NG N/ ✓- GinC.TS IJL� I I .. r • ` •l.i jam. �. %' —_ �1� _ , . + ... m at. � •. ,. �,T _.. _... \.r� � ✓rJr�i... 1 AA-1 idE•t1'T7G /Gst77o.�/ /AEI/ /G�" . 0 NuTGN trJSV r� G- �.`r�- v�P•�( i�^� t�r/�rztL -- ON�Tt7- C�G�[ - 7oN GO�t,G�� 5v�� C= / TY ST��F 1 • � I i k � l l f l'' �' � i A �� 1 1T '•n �� r �l� �� /� . r �1 ; 1� ` +,�, k;' . I l� f ' 1 NuTGN trJSV r� G- �.`r�- v�P•�( i�^� t�r/�rztL -- ON�Tt7- C�G�[ - 7oN GO�t,G�� 5v�� C= / TY ST��F MINUTES "OR YOUR �NFpR HUTCHINSON PLANNING COMMISSION ! Tuesday, April 17, 1990 O � 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the following members present: Roland Ebent, Clint Gruett, E1Roy Dobratz, Larry Romo, Craig Lenz, Tom Lyke (7:50 p.m.) and Chairman Craig. Also Present: City Administrator Gary Plotz, Building Official Jim Marka and City Engineer John Rodeberg. 2. MINUTES Mr. Dobratz made a motion to approve the minutes of the regular meeting dated Tuesday, March 20, 1990. Seconded by Mr. Gruett the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M CO. FOR SOLVENT RECOVERY SYSTEM IN FLOODWAY AND CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M CO. FOR TANK FARM IN FLOODWAY. Chairman Craig reopened the hearing at 7:35 p.m. that was published as #4076 and 4077 in the Hutchinson Leader on Thursday, January 4, 1990. The request is for the purpose of considering a conditional use permit to allow 3M Company, to construct a solvent recovery system within the 100 year Floodway Boundary of the south fork of the Crow River, and to construct a solvent Tank Farm with secondary containment diking for the storage of solvent, within the 100 year boundary of the south fork of the Crow River. Mr. Pat McGrann, 3M, St. Paul, and Mr. Frank Mott, 3M Hutchinson, presented a map and plan explaining the process and comments from the DNR. Mr. McGrann commented on a joint FEMA study from the Corps of Engineers, DNR and City. The analysis and studies are all concluded. City Engineer John Rodeberg commented on an upcomming meeting with the Corps of Engineers. Mr. Ebent moved to close the hearing, seconded by Mr. Lenz the hearing closed at 7:40 p.m. Mr. Ebent made a motion to recommend approval provided there is proper approval from the DNR, FEMA and the City. Seconded by Mr. Lenz the motion carried. Mr. Dobratz and Mr. Gruett . abstained from voting as employees of 3M. 1 HUTCHINSON PLANNING COMMISSION MINUTES 4/17/90 . (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY NORM PONSFORD TO MOVE A MANUFACTURED HOME Chairman Craig opened the hearing at 7:45 p.m. with the reading of publication #4104 as published in the Hutchinson Leader on Thursday, April 5, 1990. The request is for the purpose of considering a conditional use permit to allow the owner to move a 24' x 48' manufactured home unto property located at 420 School Rd. Mr. Norm Ponsford, owner of the home, commented on the proposal. Building Official Marka commented on the new criteria for manufactured homes that are to be met in the event of alterations to the home according to Uniform Building Codes not HUD standards. Discussion followed on the conformance of the home. Mr. Ponsford stated there is a 2x6 floor joist that would allow the home to be placed on a foundation and commented on the regulations being changed on 11- 20 -89. He stated he will change the color and trim and do extensive cosmetic work to blend into neighborhood. Also, he will be changing the furnace. Mr. Jim Waldren, neighboring property owner, questioned the differance between manufactured homes and mobile homes. Mr. Ponsford explained that manufactured homes may be placed either in a mobile home park or on a lot. City Attorney Anderson explained that statute #357 states that the city cannot discriminate against manufactured housing that complies with the criteria. Building Official Marka commented on the two differing standards of Uniform Building Codes and HUD. The State requires both standards are met. The UBC is more restrictive. Discussion followed on the legality of placing manufactured homes on city lots. Building Official Marka commented on the codes and how to enforce them. Mr. Lenz moved to continue the hearing to Monday, April 30, 1990, at 5:30 p.m., seconded by Mr. Gruett the motion carried unanimously. 2 0 HUTCHINSON PLANNING COMMISSION MINUTES 4/17/90 (c) (d) CONSIDERATION OF VARIANCE REQUESTED BY DAVE KLOPP TO REDUCE A 6' SETBACK FOR GARAGE ADDITION Chairman Craig opened the hearing at 8:05 p.m. with the reading of publication #4105 as published in the Hutchinson Leader on Thursday, April 5, 1990. The request is for the purpose of considering a variance by the owner to allow him to reduce the 6' setback from alley line for a garage addition located at 425 - 3rd Ave SE. Mr. Dave Klopp, 425 - 3rd proposal in order to use the line will remain the same building. Ave SE, commented on his garage. He stated the roof and he will reshingle the Mr. Lenz moved to close the hearing, seconded by Mr. Ebent the hearing closed at 8:10 p.m. Mr. Lenz made a motion to approve the variance, seconded by Mr. Ebent the motion carried unanimously. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVE KLOPP Chairman Craig opened the hearing at 8:11 p.m. with the reading of publication #4106 as published in the Hutchinson Leader on Thursday, April 5, 1990. The request is for the purpose of considering a conditional use permit by the owner to construct an addition onto a nonconforming garage located at 425 -3rd Ave SE. Mr. Chuck Brill, neighboring property owner, questioned if the addition was only an extension. Mr. Ebent moved to close the hearing seconded by Mr. Dobratz the hearing closed at 8:12 p.m. Mr. Ebent made a motion to recommend approval of the conditional use permit, seconded by Mr. Dobratz the motion carried unanimously. 4. NEW BUSINESS (a) PRESENTATION OF SHORELAND ORDINANCE BY SKIP WRIGHT Skip Wright, DNR Hydrologist, explained the procedure to update the ordinance and the cost. Director of Engineering John Rodeberg commented on the setbacks for lakes vs. rivers and Campbell and Otter Lakes. 0 3 HUTCHINSON PLANNING COMMISSION MINUTES 4/17/90 Mr. Wright stated that shoreland area is defined as district. The new ordinance has five river classifications. Mr. Rodeberg explained the 1000' is not a setback but the zone that is to meet standards. Discussion followed on the present lots along the lake. The new ordinance would most effect new developments. Mr. Wright explained the new ordinance in oriented to Comprehensive Shoreland management, Pollution management, Wetland management, etc. Building Official Marka stated the ordinance should include information that affects Hutchinson and staff needs to address what is pertinent to the City. Mr. Wright commented there are general development lakes in this area and the river is considered urban. He stated the ordinance is attempting to preserve the natural character of the area and keep water clean. Discussion followed on agriculture usage near lakes and runoff that will affect the water quality in any area. There was discussion on the county standards and the coordination between city and county to maintain the standards. There will be changes to the present county ordinance. Building Official Marka commented on the seminar he attended, stating any permits issued on Delaware Street would need recertification of the septic systems. Staff will compile the ordinance within the next two years. (b) PRESENTATION OF RULES AND REGULATIONS RELATING TO CONNECTION OF WATER AND SEWER SERVICES PRESENTED BY JOHN RODEBERG Director of Engineering John Rodeberg commented on the water and sewer service connection charges. The basic proposal is to obtain money for a special assessment fund to pick up costs that otherwise the city will concur. He explained the most fair manner of assessing the lots. City Administrator Plotz explained deferred assessments outside city limits and activating the assessments through a notice given the property owners. Mr. Rodeberg explained the appeal process. Mr. Ebent recommended the Planning Commission send the ordinance on to the City Council for adoption to the Municipal Codes, seconded by Mr. Lenz the motion carried 0 0 0 4 HUTCHINSON PLANNING COMMISSION MINUTES . 4/17/90 unanimously. (c) DISCUSSION OF SKETCH PLAN PRESENTED BY ROBERT MILEY Mr. Robert Miley, 515 Lakewood Dr., commented on the lot 12 -B and that his house is on lot 13. Building Official Marka explained the unusual lot split and commented on the concern for storm sewer run off. He also would like to see the proposed land use at the time of platting. Discussion followed on the sketch plan as proposed. Mr. Miley commented on possibly constructing a garage on the lot. Building Official Marka stated that at present 12 -B is a buildable lot. The property owner cannot put an accessory building alone on a buildable lot. City Engineer Rodeberg commented that the surface water drainage on the lot will have to be overland flow. The developer cannot block drainage with a building. . The consensus of the Planning Commission would be favorable to platting the lots. (d) CONSIDERATION OF FINAL PLAT OF BACHMAN'S 1ST ADDITION (2 MILE RADIUS) Mr. Lenz moved to recommend approval of the final plat, seconded by Mr. Dobratz the motion carried unanimously. (e) DISCUSSION OF TAX INCREMENT DISTRICT PRESENTED BY CITY ADMINISTRATOR GARY PLOTZ City Administrator Gary Plotz summarized the tax increment financing in regard to the ShopKo project. (f) COMMUNICATION FROM STAFF 1) Mr. Marka commented on a request by the Hutch Ambassadors to place permanent signs at the entrances to the City. Mr. Don Erickson commented on the present Welcome to Hutchinson signs and over the years the ambassadors decided they would like a more maintenance free sign. This would possibly be a 5 year project. There would be one sign put up each 5 HUTCHINSON PLANNING COMMISSION MINUTES 4/17/90 year and the sign would be of very good quality. The Planning commission had favorable recommendation to the Council for the signs. 2) Mr. Lenz made a motion to recommend approval of 2 temporary signs requested by Mr. Jerry Brown of Brown's Floral, seconded by Mr. Lyke the motion carried unanimously. 5. ADJOURMENT There being no further business the meeting was adjourned at 9:50 p.m. 9 (612) 587 -5151 CITY OF HUTCHIRISCiV 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 17, 1990 M E M O R A N D U M TO GARY FROM HAZEL RE HUTCHMOBILE ITEM FOR COUNCIL DISCUSSION A reminder - you are going to bring up the item i`, of which kind of new transit vehicle to write: SpC.cS for. (Van ?) • Due to the poor operating condition of our backup veh.'cle, we need to write specs and get bids on the new vehicle as soon as possible. Doua will be: leaving on vacation in June and hopes to be ready to take bids by then. C O) ALSO FOR DISCUSSION - The item -n the council packet (10 a) regarding using the bus for an auction on May 8. • 0 • 0 REGULAR COUNCIL MEETING APRIL 24 1990 ---------------------------------------------------------------------- ---------------------------------------------------------------------- WATER & SEWER FUND *Withhold Tax Acct *P.E.R.A. A & B Electric Aagard West American Natl Bank American Natl Bank Automation Supply Bernard Mulcahy Brandon Tire Central Garage City of Hutch Dental Ins City of Hutch Medical Ins Cortazzo, Chris Cragun's Conference CSWPCA Curtin Matheson DPC Envirex Farm & Home Feed Rite G & R Services Gopher State Hach Co. Hanson, Scott Harris Mech. Hutch Utilities Hyatt Regency ISD 742 Com Schools League of MN Cities LMC Housing Bureau Maiers, Chris MN Valley Testing MN Mutual Life Ins MPCA MPCA Mutual Benefit Life Ins Quade Electric Senus Technologies Share Corp Standard Printing Technical Prod Corp Turf Supply Utility Data Corp employer contribution 642.02 employer contribution 374.17 rewire motor 138.36 March recycle boxes 420.00 bond principal & interest 421,256.25 paying agent fees 75.00 disks 90.90 supplies 602.26 tube 5.64 Feb repairs 302.09 April dental ins 337.81 April medical ins 2,566.13 water bill refund 100.00 reservation - D.Ebert 80.00 reg - R.Devries 145.00 supplies 79.47 chemicals 60.00 skimmer wiper 66.00 supplies 28.77 acid 477.66 uniforms 252.07 March service 72.50 chemicals 42.26 seminar expense 7.00 repairs & preventive mtce 2,793.66 elec & gas 196.84 res - R.DeVries 170.00 workstudy students 85.39 4th qtr general liability 8,767.50 res- R.DeVries 68.00 safety boots 30.00 tests 314.00 life ins 44.94 fees 400.00 reg - J.Lanz 40.00 April LTD ins 106.74 fuses .70 supplies 53.02 acid 102.03 postcards 82.00 supplies 40.41 soil tests 28.50 demo tapes 30.00 TOTAL $441,575.09 // A • CENTRAL GARAGE *Withhold Tax Acct *P.E.R.A. Brandon Tire City of Hutch Medical City of Hutch Dental Farm & Home Forbes Auto Jerabek Machine MacQueen Meier, Doug MN Mutual Life Ins Motor Vehicle Mutual Benefit Life Ins Wigen Chev RURAL FIRE DEPARTMENT . *Withhold Tax Acct Hansen Truck Service GENERAL FUND *Withhold Tax Acct *DNR *Day's Inn *P.E.R.A. *Commissioner of Revenue *DNR *Burns Manor *Brad Flor *BPA *BPA 7 West Wash Allied Mech Amoco Oil Antigua, Michael Arnold & McDowell Automation Supply • Ben Franklin Berger, Mary Big Bear employer contribution 96.22 employer contribution 56.35 tires 162.58 April medical ins 307.67 April dental ins 43.79 supplies 32.62 pipe 3.00 screws 7.65 parts 2,203.41 meals 8.99 April life ins 5.46 sales tax 583.50 April LTD ins 12.87 used 89 Corsica 9,300.00 TOTAL $12,824.11 medicare 12.50 repair 655.92 TOTAL $668.42 employer contribution 4,110.90 DNR registration fees 442.00 lodging deposit for 40 200.00 employer contribution 4,767.06 March sales tax 503.39 DNR registration fees 456.00 advance 70,000.00 syntor radio 999.00 secretary's luncheon 54.00 secretary's luncheon 20.25 laundry 19.50 water heater repair 262.50 fuel & acct fee 21.00 expenses 88.59 April comp 3,000.00 ribbons 46.89 frame 36.00 water treatment device 85.50 supplies 73.89 Brandon Tire • Brinkman, Milt Bryan Rock Products Butterworths Camera Shop Carney's Cash Wise Central Garage Chapin Publishing City of Hutch Dental City of Hutch Medical County Treasurer County Treasurer Cragun's Curtis Industries Day's Inn Dept of Public Safety Dept of Transportation Dostal & Oleson Oil Eileen Goeders Estate Electric Motor Erickson Oil Famith Properties Farm & Home Feed Rite G & K Services • GAB Business Service Gateway Riverboat Cruises Gopher Sign Gov Training Sery Harris Mechanical Hutch Civic Arena Hutch Utilities Hutch Youth Hockey Hutch Com Hospital Hutch Tech College Hutch Wholesale Hutch Telephone Hutch Leader Hutch Plumbing & Htg I.A.A.I. Ingleman Designs Jerabek K -Marat Kitchenmaster, Mark Larson, Ethel League of MN Cities Little Crow Bowling LMC Housing Bureau McGarvey Coffee McGraw Hill Book Clubs • McLeod County Sheriff Memindex Missouri Botanical Gardens tube 13.54 April office rent 175.00 aggregate 2,404.52 drunk driving binder 92.72 film 21.25 supplies 31.43 supplies 191.49 Feb repairs 7,598.20 publishing 345.80 April dental ins 2,949.58 April medical ins 20,692.59 auditor's certificate 15.00 DL fees 91.50 M.Antigua & M.Kitchenmaster 185.61 nuts, bolts & ties 148.99 lodging for 40 740.00 bike registrations 60.00 May payment 700.00 solvent 9.75 contract payment 1,500.00 drill repair 59.37 fuel & film 142.23 small cities loan 10,639.38 supplies 179.29 demurrage charge 25.00 uniforms 588.74 settlement claim 1,354.50 dinner for 39 820.56 street signs 81.52 reg- S.Mogard & D.Johnson 580.00 switch installation 326.42 Jan & Feb ice time 2,098.13 elec & gas 11,233.30 hot dogs 83.60 tests- M.Antigua 70.00 classes 356.00 supplies 119.57 computer line 83.34 1 year subscription 29.00 kits 21.30 dues for G. Field 37.00 small cities loan 2,382.35 screws .96 photo album 10.97 training expense 32.30 Festival of Eating refund 11.00 4th qtr general liability 41,315.70 22 games 22.00 room reservation 476.00 coffee 54.90 books 55.25 gas 30.80 wall planner 18.48 guided tour for 40 50.00 MN Com Bicycle Safety Proj • MN Mutual Life Ins MN Commerce Dept. MN Elevator MN Dept of Transportation Molly Brown Dinner Theater Motorola MPCA Mutual Benefit Life N.T.O.A. Nat'l Computer Systems Pan O Gold PERA Plaza Hdwe Prints Charming Quade Electric R & R Specialties Red Roof Inn Runberg, Rick Schnobrich, Mark Sheep Shedde Shoutz, Mark Sid's Foods Sr. Advisory Board Standard Printing Streichers • Templeton Two -Way Comm US West West Publishing Xerox Zieman, Sharon bike safety video 16.00 April life ins 374.43 notary commission 20.00 service 55.70 ID card 10.00 tickets for 40 746.00 service contract 3,963.48 add'1 permit fee 30.00 April LTD ins 945.62 dues 75.00 maintenance 39.00 supplies 62.37 late payment interest 168.49 supplies 66.73 t- shirts 1,273.05 bulbs 118.45 ice blade grind 51.40 3 nights lodging for 40 2,037.60 safety boots 30.00 meal expenses 46.00 meals 18.66 2 bucket seats 135.00 supplies 19.39 farm show supplies 394.00 spring calendars & copy paper 2,951.70 uniforms 250.20 employer contribution 182.13 radio case 42.50 April service 98.54 updates 140.50 March usage 5052 410.89 3M supplies 13.38 TOTAL $211,328.61 • YOUTH CENTER U 0 *Withhold Tax Acct employer contribution 62.42 *P.E.R.A. employer contribution 36.56 Frito Lay supplies 24.28 Hutch Medical Center Bloomquist physical 10.50 Star Cablevision May service 23.30 MN Mutual Life Ins April life ins 17.22 City of Hutch Dental April dental ins 15.64 City of Hutch Medical April medical ins 137.48 Mutual Benefit Life Ins April LTD ins 10.82 TOTAL $338.22 1980 TAR INC DEBT SERVICE Ingleman Designs 8% HCDC loan 903.65 Famith Prop 8% HCDC loan 4,035.62 TOTAL $4,939.27 BONDS 1987 DEBT SERVICE American Natl Bank bond principal & interest $134,675.00 BONDS 1979 Norwest Bank interest & paying fees $3,061.25 PUBLIC SITES TRUST FUND Triple H & 0 park land purchase $2,037.60 BURNS MANOR CONSTRUCTION Lundeen Floor Cov 6 rooms completion 4,312.30 Maki Painting 66 rooms complete balance 6,265.00 A & B Electric insulation for heater 381.17 Allen Office office furniture 5,830.00 Erickson Ellison & Assc. professional services 176.40 TOTAL $16,964.87 0 LIQUOR STORE Northland Beverage Bernicks Pepsi Cola Coca Cola Bottling Henry's Candy P.E.R.A. Withhold Tax Acct City of Hutchinson Com of Revenue Hutch Telephone Hutch Utilities Junker Sanitation American Linen Coast to Coast Hutch Leader Hutch Plumbing Kandi Ice Marine Corp League Sprengler Trucking Ed Phillips & Sons Griggs, Cooper Johnson Bros Quality Wine Friendly Bev • Locher Bros Lenneman Bev Triple G supplies 113.90 supplies 33.60 supplies 305.70 supplies 1,076.34 employer contribution 550.47 employer contribution 639.30 payroll 3/23/90 8,852.92 March sales tax 8,703.92 telephone 79.51 elec 457.73 refuse pickup 108.75 towel service 21.20 supplies 6.11 adv 146.44 water heater 208.00 ice 138.67 MN State Conv 85.00 March trucking 332.42 liquor 14,787.72 liquor 10,514.77 liquor 17,555.31 liquor 12,167.21 beer 1,079.25 beer 16,612.50 beer 24,994.40 beer 20,531.25 TOTAL $140,102.39 E (612) 587 -5151 • f1VTlH' CITY OF HUTCHINSON j 37 WASHINGTON AVENUE WEST HUTCN'NSON, MrN'N, 55350 April 24, 1990 Gary Teichert, Manager Hutchinson Coop / Cenex Highway 7 Nest Hutchinson, MN 55350 SUBJECT: PROPOSED CENEX LAND ACHUISITON Dear Gary: FOR YOUR INF0 As you have requested, I have attached a copy of a map prepared by our city engineering department showing the property currently owned by Cenex along State Highway 22. You have also requested us to show an additional 150 feet of your proposed purchase of land laying directly west of your current parcel. To be completely accurate, we will need a copy of a certified survey in the event a sale is approved by the council. I have discussed your proposed interest in the additional property with Mayor • Paul Ackland. Currently the property that you propose to purchase is zoned R -2, one and two family residential land use. The property, although in our city limits, would need to be rezoned to properly match the land use. The Mayor has indicated that he would like to reduce the width of the R -2 buffer strip between the south edge of the city limits and proceeding north along Highway 22 South, as a contingency to any sale of property. We would like the cooperation of Hassan Valley to accomplish this task. I understand one of your board of directors also serves on the township board and may be a valuable asset to make this possible. Regarding a proposed purchase price, the City sold three acres of land on July 10, 1989, to the Department of Transportation for the sum of $16,700, or approximately $5566 per acre. This purchase was in the immediate area of your proposed land acquisition. If you have any questions, please feel free to contact ■e at 587 -5151. Sincerely, CITY OF HUTCHINSON 6a y pl otz City Administrator cc: Mayor and Council John Rodeberg, Director of Engineering Ken Merrill, Finance Director Barry Anderson, City Attorney (612) 587 -5151 f/U1CH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 Aoril 24, 1990 FOR YOUR INFORMATION M E M D R A N D U M FOR YOUR INFORM TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ, TRANSIT COORDINATOR RE MARKETING - TRANSRORTATION DAY We have been qranted funding by MN /DOT for special marketing of transit through June of 1990. A portion of this has been used for advertising beyond our regular budget allowance. In addition, we are encouraged to use some of this funding to promote National Transportation Day on May 16. We will be advertising free hats and free rides for passengers who ride the bus on May 16. Costs of this promotion will be reimbursed 100% by the special marketing funds. 0 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 18th, 1990 0 FOR YOUR INFORMATION William Block Hutch, Inc. Country Club Terrace Mobile Home Park 369 East Bellog Boulevard St. Paul, MN 55101 Dear Mr. Block: The Hutchinson Planning Commission and this office is concerned over the structural stability of the billboard sign at your Hutchinson Mobile Home Park. It appears to be detached and potentially dangerous. Please correct this immediately. Also, the development of the park over the years has not adequately provided the required buffering with plantings between the park and the abutting residential zoning districts. Your cooperation in providing such this summer would be very such appreciated. Please respond in writing by May 1, 1990, of your intentions regarding the 0 above two matters. Best regards, V �J James G. Marks Building Official JGM/pv cc: Mark Hensen, Bldg. Insp. Planning Commission Mayor and City Council Chief of Police FOR YOUR INFORMADOR DAVID B. CHARLES R. R. CAR MICHAEL HAEL GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOGE LAURA R. FRETLAND DAVID A. BRUEOGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. McGEE April 19, 1990 ARNOLD & M CDOWELL ATTORNEYS AT LAW 101 PARK PLACE OF COUNSEL WILLIAM W. CAMERON PAUL D. DOVE HUTCHINSON, MINNESOTA 55350 (612) 567 -7575 TELECOPIER(612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON 5881 CEDAR "RE ROAD MINNEAPOLIS, MINNESOTA 55416 (812)545 -8000 MN TOLL FREE BOO -343 -4545 TELECOPIER (812) 545 - 1793 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 q n:� er �5p el- Re: Ulland vs. Marka and the City of Hutchinson United States District Court File No. 3 -90 -Civil -190 Our File No.: 3244 -87 -0011 Dear Gary: I am enclosing a copy of my correspondence to John Parrington who I assume will be defending the City in connection with the Summons and Complaint which was served upon the City of Hutchinson on Friday, April 6, 1990. You might want to pro- vide a copy of this letter as well as a copy my letter of April 9, 1990, to the Council so they are fully apprised of the status of this matter. Thank you. Best personal regards. Very trI ' ARNOLD G. Barr GBA:mb cc: John Enclosures 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (812)389 22 TELECOPI£R fsl 383TS6t� ®L E Parrington DAVID H. ARNOLD CHARLES R. CARMICHAEL CART D. Mc00 -ZLL STEVEN A. ANDERSON O. HARRY ANDRRSON STEVEN S. HOOF LAURA X. PRETLAI` O DAVID A. HRUEOOEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. MCOEE April 9, 1990 ARNOLD & McDOWELL ATTORNEYS AT LAw 101 PARE PLACE HUTCHINSON. MINNESOTA 55350 (e12) 587 -7575 TELECOPIER 1612) 597 -4006 RESIDENT ATTORNEY O. HARRY ANDERSON Mr. John Parrington Attorney at Law 4005 West 56th Street Minneapolis, Mn. 55435 OF COUNSXL WILLIAM -.CAMERON PAUL D. DOVE 5991 CEDAR LAXE ROAD MINNEAPOLIS. MINNESOTA 5541" 1812) 545 -2000 NN TOLL FREE 900.343.4545 TELECOPIER (612) S45•I"O S01 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55071 (612)092 -2214 TELECOPIER(612) 362.5506 FOR YOUR INFORMATION Re: Ulland vs. Marka and the City of Hutchinson United States District Court File No. 3 -90 -Civil -190 Our File No. 3244 -87 -0010 Dear John: Enclosed please find a copy of the Summons and Complaint which was served upon the City of Hutchinson on Friday afternoon at approximately 1:05 P.M., after the mobile home sale was commenced. Please be advised that Mr. Ulland's trailers have been sold pursuant to Court Order at a public sale and have gone to their final resting place, wherever that may happen to be. I assume that you will be defending this case on behalf of the City of Hutchinson. If you need additional information or have questions, please contact me. Thank you. Very truly yours, ARNOLD & M L ^ V . _ G. Bar ders� n GBA:lm Enclosure CC GAB Adjusting Service 0 United states district court District of Minnesota _ e V, 1 Civil Case N0. Sam Ulland Plaintiff c� 2 3 o O / vs James Marka and City of Hutchinson Defendant 1. Plaintiff in his complaint states and alleges that the defendant has been continouously discriminating against the plaintiff because of race ',color and national origin in violation of the federal antdiscrimination law ;,a hd_equal protection law. '2. That the defendant created evidance of clear cut act of discrimination z aaj.ra. _ 2.There are trailer homes are catagorically declared no good if owned by the defendant and hot the othrs. PLaZKt'K Oas 4.When plaintiff deeided to remove those trailers out of the park the defendant did everything to prevent them from happening. 5. Defendant interfered in plaintiff business and threatened to put him ;out of business #out of Hutchinson. 6. Defendant ig currently in of certain trailers owned by the plaintiff which are key evidance against th defendant and in favor of the plaintiff. It was agreed that a previously scheduled sale of the trailers cancelled and the above partieswwill work out a formula to solve the disput 7. Plaintiff was told that he could have his trailers back in summer to avc - incrimate weather. — 8. Plaintiff notified the defendant that the city might assist the plaintif in selling the trailers after we mutually agree to resolve all the dispW I clearly told the city that I will not be able to withstand the discrimine tion by the defendand and therefore the defendant should present to me a reasonable proposal. D&A p "J`eS CIY4.,j 9. No proposal of solution has yet been presented to the plaintiff as bott agreed in earlier date to cancell the sc* of the trailers. 1O.Now, that the time has come for the plaintiff to'yied to the pressure that they do not want any established minority business in Hutchinson. 11. Now that time has come for the plaintiff to be more flexible to agree to resolve all disputes in their term 12.13ut,the defendant inspite of all these abruptly with total diregard of the progress made decide�tL sell the trailers without the title inspit �...of plaintiffs notification to the defendant the titles for the trailers will provided to bring higher prig, w 13. Numerous incidences will brogAgf up and presented to court too many ,:- to mention in this space, * _ ` 14.There is practically no mi$gority population in Hutchinson and certainl no established business to speak of. Plaintiff requests a trial by federal Jury 15, Plaintiff claims $36000.00 fat)? trailes alonfplus all other damages including punitive damage ULZ �N-b s 3 ULZ �N-b CL,rv� vend eve v V✓`�' p �•V ST� �,,/ 0 Ila niteb �*tzttzs Vistrid Tourt DISTRICT OF F4innesot: Fourth Division c SUMMONS IN A CIVIL ACTION V. !! (~ TO: MrM r a Mtras of Dw. a CASE NUMBER: 3-90-Civi1 -190 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAIN'TIFF'S ATTORNEY Inrn. av aaxny � � �. � / r � v � n/ S 7 / f J TS 3 9 s 0 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded In the complaint. :RAN E. 00SAi CLERK 4/6/90 DATE 0 R. • \ 4/6/90 DATE 0 AO 440 (RN. SIM) Summons in a Civil Arri. RETURN OF SERVICE Service of the Summons and Complaint was made by met 1; 4hl eck DATE ME OF SERVER TITLE one box below to indicate appropriate method of service 0 Served personally upon the defendant. Place where served: 0 Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: O Returned unexecuted: O Other (specify): STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct Executed on Derr SJpsawn of Server Address of Sarver )) Aa to woo may serve 4 summons ins Rub 4 of the Federal Rules of Civil lsrmodurw MCLEOD LANDFILL INC. Route 3, Box 70A Hwy. 22 & County Road 71 Glencoe, Minnesota 55336 (612) 864 -5503 " t r April 18, 1990 8`9S�G z t 1�G��ti-0 Ed Homan rOR YOUR INFORMATIO1' McLeod County Solid Waste Advisor McLeod County Courthouse Glencoe, MN 55336 Dear Ed: During the April 9, 1990, meeting of the McLeod County Solid Waste Committee, Commissioner Grant Knutson suggested adding a tipping fee at the landfill to subsidize county -wide recycling programs. McLeod Landfill Inc. endorses a 50 -cent per cubic yard and /or a $1 per ton tax, which would generate about $187,000 during a 12 -month period. As discussed during the meeting, one of the goals of the committee is to develop a cost - effective waste reduction program. We also hope the goal of the committee is to achieve lowest possible costs in implementing a program by encouraging competitive bidding and eliminating unnecessary duplication of services and equipment. To assist McLeod County in its waste reduction efforts and to encourage even greater participation and dedication to the program goals, we suggest that each municipality contribute a 5- percent match. We have also enclosed recycling bids and contracts which are now used in Wright County municipalities. McLeod County may wish to adopt a similar form to facilitate its recycling programs. Sincerely, A , � r ll� x7 Phil Schweizer, manager cc McLeod County Solid Waste Committee McLeod County Board of Commissioners Printed on Recycled Paper. L l LU 1_' C..niP aell J _ h^ FOR YOUR INFORMATION ----- - - - - -- b /11AenL /OOn / "a /zch Lune 61. N1= ae / Tc /aA - J a y ._ -- o - -- L /goof __ USSR _- By_ - - - -- /rr[ '1 ' .ti I c 'J7 b: -qv! 47 ! , i _• r^ -: G• 1 7 'z' i; 41 - : '. °, 1 _. `IJ2 -: ..;_. ]S .£ '..-•. ._: -'_. i; I I .. 4 ; - -r�: __. ._.4 . _.. a.., ____: I.. 1 .. �- _ i i I - --- ._!. --'_.- - - 19leedh. - --3 /_. - .. _!'!fi —_ 191 `_ 6 k _ -- _ ldy9 7 fL. _. - - Y At -7 _ Ly it 717_ .14 _ _ -.3 _.3 9 _— I I °� nuu °n +�w SI IF IWIIY. Sllu GA[FN, SSN vmrtF AMRp N US/. a/IIf'.�1.. n .M,FN.WMMNfUeNY�+�:.i1� nYMwi�TeHw.YwnN �r ...wt ..u.- +•4w'rYUM1M�VYM �••-- +v4.ws. xJ " ^`�uu�yly�• -.. . - - _— - -- - - zt. t - - ZPA {- 97 ..�.I �- - .3 13 s r z 2b _ 4 - -i y ZIA 7? I 14j.:J-� I'�1� If h •_ t 13 _ " _ 1 _t T ZA AL ; i '. _ .1: � -Z V.L' -I I I Y<i j ,1�_, I I a 4 = J _ ._ ._ 1 1101 i ' Y _ _ — _ _- '/ L .J 1 - / Al - - fi 9 3 qdd I � Zz - ) 9 a Ole 7A 349/Lz /0095 ."X713 33?177 1 I I °� nuu °n +�w SI IF IWIIY. Sllu GA[FN, SSN vmrtF AMRp N US/. a/IIf'.�1.. n .M,FN.WMMNfUeNY�+�:.i1� nYMwi�TeHw.YwnN �r ...wt ..u.- +•4w'rYUM1M�VYM �••-- +v4.ws. xJ " ^`�uu�yly�• -.. . (612) 587 -5151 H�rcH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 26, 1990 TO: City (ouncil -- — — — — — — — — — — — — -- — — — — — — — FROM: Gary D. Plotz, City Administrator — SUBJECT: Special City Council Meeting . Mayor Paul Ackland has called a special meeting of the City Council for Monday, April 30, at 12:00 Noon in City Hall for the purpose of approving the purchase agreement for the property at 115 Glen Street. /ms Uri/ PURCHASE AGREEMENT _ 305 Main St. So. This form approved by me. Mimescia A , anion d _ Ui-- 1 Hutchins :n, MN 55350 REALTORS*. Minnesma Associeian of REALTOPW Central Gold, Inc. Phone: 587 -6000 disclaims arty liability arew g cut of use or miww at We km. 1. Dale Aj -03-90 ` 2. Page 1 of j Pages 3 RECEIVED OF ?he C: #,� ( 14.F °L' -c/ C Pt t 4, the sum of `rt O Dollars ($_-� - ) 5 by CHECK- CASH_NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all ponies, on or a before the nem business day after acceptance, In a trust account of Ilsling broker but to be returned to Buyer It Purchase 7. Agreement Is rot accepted by Seller. Said eaneig money s part payment for the purchase of the properly kcated a: B Street Address: IJ5 Cole 'ST 9. City of 4k +, County of fYle Decd State of Minnesota, 10 Legally described as: c; AA et n4 the fr.]. (co PT. of Loy 9 r f3tntlw 11 11. nID At a9-o ao-lo0O 12. including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs. and 13 trees; storm sash, storm doors, screens and awnings: window shades, blinds, traverse and curtain and drapery rods: aaached IgMrhg 14. fixtures and bulbs; plumbing fixtures, water beater, heating plants (with any burners. Lanks, stokers and olper-apuipment used in 15 connection tnere.Mh). central air conditioning equipment, electronic air Nter, Water Softener OWNED I RENTED NO i bust-in hunk7fier 16 and dehumidifier, liquid gat tank and controls (if the properly of Seller), sump Pump; attached teGen antenna, cable TV jacks 17. and wiring; BUILT -INS: dishwashers. garbage disposals, trash compactors , were, cook by stoves, microwave ovens, hood faro. 1B inlenmms; ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplatt screens, doors and tg heotolators; AND: the following personal property: —rlg sAe 20 21. 22. all of which property Seller has this day agreed to sell to Buyer for sum d: ($ 2 5, A v o. n() ) 23 z c: ...d Dollars 24. which Buyer agrees b pay n the folbxirg manner Earnest money of $ - V - 25 and $ 85 n nn rash on or before 3umc 1 1 Cl 4 0 the date of dosing, and 26 the balance of $ NIA by financing in accordance with Ilse attached addendum: 27. Conventional FHA VA Assumption Contract for Deed Other. a 2B This Purchase Agreemem I IS S N rxmtin rif upon the sale of another property (If answer is IS, see atached addendum.) 29. Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages m Ime 2) 30. DEEDIMARKETABLE TITLE: Upon performance by Buyer, Seller shall dealer a CD CY \e w•ea Wertanty Dead 31. Joined in by spouse, H arcs conveying marketable Wile, s biscl to. 32. (A) Building and zoning Laws, ordinances. site and federal regulalias; (B) Restrictions raising to use a improvement of the property without 33 effective fodedure provisions; (C) Reservdtim of any mineral rights by the State of Minnesota; RS Utility and drainage easements whiidh do not 34 interfere with misting improvements; (E) flights of tenants as follows (unless specified, not subject lo tenancies): 35 • 36 (F) Others (Must be specified in wrong): 37. TITLE 4 EXAMINATION: Seller shall, within a reasonable lithe after acceptance of On agreahhetl, furnish an abstract d atle or s agGWW 38 property abstract, certified to data to ndude proper searches ooerig banlaupbies, state and federal pdgmenis and lies, and levied and 39 . pending s IW ass W,,Me Buser shall be allowed 10 business days after receipt d abstract for atanenaron d title ad maid ant eblectiors Q which Shag be rtNdB n writing a deemed waved. H arty ohfection le so made Seller shall have 10 business days from fispapt of B VN 9 wdHm 41. We objections to roily Buyer of Seller's inte to make title malatable within 120 days from Seller's moeipl d such wrillerh objedbn H notice 42. s Shen, paYrrents 7rereunder reoaared shall be pcatpahed pending correctbn d title, bbl upon correction d and title a within 10 days after written 43 notice b Buyer the poses shell perlam this Purchase Agreement accaAng b its tame H ro such rtolloe s given a H notice 6IMen Ohs, 4a. Wes rat. cortecled wHlwh ire ante Provd� for. this Purchase lgreernera shell be hug and void, a op16n d Bu neither party shag roe table 45 for tlamagas heraurdW b the direr and emhmt rtrorrey shop bar re/unded b Buyer, Buyer and Sala agree b sign earhoelLatien d Purchase 46 ygreemers. Buyer agrees b accept an owner's MM porwy in ire fed shroud d tlhe puchase Prrca ih lieu d at abstred d role l the property 47 s whled b a master abstract a l rb ebsiad d tltla s m Sella 8 pcasessron a Corarol. H Buyer le b receive 9txdh pdry (1JVI8Itlle eamirwtion 4B period shatl oonvrenca upon Buyer's recaipr d a wears title ireuronca comrMtrhert end (2) Seller shag prey Who mare PremMm for such policy 4% a o IeMer's policy s obain d, and only Whit addftbnat cast d alYainig a simultarreahsy leshred owner a pdwy l a LaMer's pdiry s obaihed 50 (Buyer shat pay Who prWtaum for the fe1dW'$ polity). 51. REAL ESTATE T 6 I- ore- peidas.illkays: 52. Buyer shall pay. prorated horn day of closing _1 21hs, aft, rime seal ess19 brava due and payable n the year 19 90 53 Seller shall pay, r otated fo day o/ c lodng, _72ths, ell, nano real estate taws; due and payable n the year In the ever; 54. the dosing data is charged, the real estate taxes pad shelf. H prorated, be edustod b the new, closing data Seiler warrants 55 tams due and payable in the year 19 will be FULL.PARFNON .1hom,stead classification. In the every 19� y real estate 56 urea am pW a non+homeaead classification, Seger agrees io Wy Bu at casing $ A/�.A fowad the norW omesteae 57 ponon of the real estate taxes Buyer agrees to pay any remaining balance of rhorMOrtssbad taxes when may beans due and payabla 56 Neither Seller nor Agents) make any representation concerning the amount of subseque Mal estate taus 59 SPECIAL ASSESSMENTS shall be paid as follows: 60 BUYER AN SELLER SHALL PRORATE AS OF THE DA OF CIDSIN SELLER SHALL PAY ON DATE OF CLOSIN J ap ns6lfmahs of .- 61. special assessments cerlif ion the real estate taxes due and payable in the year of closing. 62. BUYER SHALL ASSUME 4SELLER SHALL PAY o9) date d dosing al other spade! assessments Wood as of the dab of dosing. 63 BUYER SHALL ASSUME ICSELLER SHA PROVIDE F OR PAYMEN special assessments paling as of the data of closing for 64. impawemems Mal have bean oderod G Coumd m other assessing authorities (Selbr's p u sire for paynert shall be try Payment rlto M escrow d 2 Ames me esti m d the M a lest as required by Buyer's lender) 66 B UYER SHALL ASS UME SEL SHALL PAY date d dosing arty deferred real estate saes W special assessments payment d whits 6 67.. required as a result di e ke k srig uyer shelf pay real estate fares due and payable in is year following dosing and thereafter and any 68 unpaid special assessments payable therewith and mer" W, the Poymed Of which is not WhohVIse Provided 69. POSSESSION: Seller shall deliver possession of the property not later than ZJ 1 +YL5 a'" closing. 70 All interest. homeowner association dues, rents, fuel aL liquid petroleum gas and all charges for city weer, city server, electricity; and natural 71. ass shall be prorated between the parties as of C l u ' w 72. Seller agrees b remove ALL DEBRIS AND ALL PERSONAL PROPE NOf 114CLUDED HEREIN from the property by possession data �TT/ PURCHASE AGREEMENT �'l R 305 Main St. So. 7a Dale V -a A - q u i_,YV,'21 Hutchinson, MN 55350 Central Gold, Inc. Phone: 587.6000 74. Page 2 d 3 Pages 75 SUBDIVISION OF LAND: It this We constitutes a requires a subdivision of and owned by Seller, Seller shad pay all subdivision expanses 76 and obtain all necessary governmental approvals. Sede warrants dal legal description of the rent property b be conveyed has Been or win 77. be approved for recording as of the date of closing. 78 GENERAL WARRANTIES: SELLER WARRANTS THAT THE BUILDINGS, IF ANY, ARE ENTIRELY WITHIN THE BOUNDARY LINES OF THE 79 PROPERTY. SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT OF WAY. THESE 80 WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR DEED. 81.SELLER WARRANTS THAT PRIOR TO THE CLOSING DATE PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, 82.MATERIALS, MACHINERY, FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING S3 DATE IN CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE 84. PROPERTY. 85 SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION 86 OF ANY LAW. ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBIECr TO RESTRICTIVE COVENANTS, SELLER WARRANTS 87. THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS. ANY 88 NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY. 90 SELLER WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO: CITY SEWER RYES ONO CITY WATER;T,YES CNO. 91. SELLER WARRANTS THAT ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING SYSTEMS USED AND LOCATED 92, ON SAID PROPERTY WILL BE IN PROPER WORKING ORDER ON THE DATE OF CLOSING. BUYER RAS THE RIGHT TO INSPECT 93 PROPERTY PRIOR TO CLOSING. BUYER ACKNOWLEDGES TWIT NO ORAL REPRESENTATIONS HAVE BEEN MADE BY EITHER SELLER 94. OR AGENT(S) REGARDING POSSIBLE PROBLEMS OF WATER IN BASEMENT, OR DAMAGE CAUSED BY WATER OR ICE BUILD-UP 950N THE ROOF Oi OPERTY AND BUYER RELIES SOLELY — D ON THE FOLLOWING STATEMENT BY SELLER: 96 SELLER HAS HAS N HAD A WET BASEh1ENi, AND HA_S HAS NOT HAD ROOF CA WALL OR CEIUNG DAMAGE USED BY 97. VyT, OR ICE BUILD -UP. (If xwver c HAS. see Seder's real estate transfer disclosure Statement, A applicable) Buyer AS N- O renamed and accepted a real estate transfer scl s s transfer dure statement. Pf answer HAS NOT, Buyer relies solely on Buyer's 99. own Inspection of the property and the Warranties of Seller expressly set loth In this agreement.) BUYER HAS RECEIVED THE TRUTH 10CL IN HOUSING INSPECTION REPORT, IF REO MUNICIPALITY. 101. BUYER 8 SELLER INITIAL: Buyer(s) �. - Seller(Q) , 102. RISK OF LOSS: If Nero is any loss or damage to the property between the date hered and the dale of closing, for any reason mcluding 103 fire, vandalism, food. earthquake or act of God, the risk of loss shah be an Seller d the property is destroyed a wOsfandaly damaged before 1D4.the closing daze, this Purchase Agreement shall become nun and void, at Buyers option, and earnest money shall be ref to Buyer. 105 Buyer and Seller agree to sign cancelWioh d Purchase Agreement. 106 BUYER (SELLER ARBITRATION SYSTEM: 107 ANY CLAM OR DEMAND OF SELLER(S), BUYER(S), BROKER(S) OR AGENT(S), OR ANY OF THEM, ARISING OUT OF OR RELATING 108 TO THE PHYSICAL CONDITION OF THE PROPERTY COVERED BY THIS PURCHASE AGREEMENT (INCLUDING WITHOUT 109 LIMITATION CLAIMS OF FRAUD, MISREPRESENTATION, WARRANTY AND NEGLIGENCE), SHALL BE SETTLED BY ARBITRATION 11G IN ACCORDANCE WITH THE RULES, THEN IN EFFECT, ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION AND THE 111. MINNESOTA ASSOCIATION OF REALTORSm THIS IS A SEPARATE VOLUNTARY AGREEMENT BETWEEN THE PARTIES AND 112. BROKERSIAGENTS. FAILURE TO AGREE TO ARBITRATE DOES NOT AFFECT THE VALIDITY OF THIS PURCHASE AGREEMENT.. 113 THIS DISPUTE RESOLUTION SYSTEM IS ONLY ENFORCEABLE IF ALL PARTIES AND BROKERSIAGENTS HAVE AGREED TO 114. ARBITRATE AS,A,40WLEDGED BY INITIALS BELOW. SELLING 116 TIME OF ESSENCE: Tim is of the essence in Ois Purchase Agreement. 117 ENTIRE AGREEMENT This Purchase Agreerners, arty atlas ad edihis and arty addenda a amendmen5 signed by the parties, shad consorts 118 the entire agreement between Sager and Buyer, and supercedes any other written or oral agreements between Seder and Buyst This Purchase 119 Agreement can be modified any in writing signed by Seder and Buyat 120 ACCEPTANCE: Buyer undehstarlds and agrees Nat this Purchase Agreement Is subject b acceptance by Seller In writing. Agents are net 121. ;fable a resparslble for any covenants, obligations or warranties made In this Purchase Agreeme wraps the agents are liable b return or 122. account fur the earnest money and to a 1rale, a so agreed. The deliway of an papers and manias shad be made al Ow lining broker's office 123 DEFAULT: If title is marketable or is coneded as provided heein and Buyer delauls In any of the agreenerrs herein Seller may alrntlrwe 124, tens Purchase Agreement and payments made hereunder may be retained by Seller and Agent, as thek respective Inteests may appear. 125 This provision shad not deprhe saber Buyer a Seller of the right to necoer damages for a breach of this agreement or of the riff of specific 126 performance d Nis agreement, provided this Purchase Agreement is net taminaled, and further provided. as b specific Performance. such IZ.'. action s commenced within Syr months area such lift of anion arises. 128 AGENCY DISCLOSURE: 11 0a- i1La s c v STIPULATES HE .0 SHE IS REPRESENTING' 129. THE _fQrtt r Y IN THIS TRANSACTION. THE LISTING AGENT OR BROKER STIPULATES HE OR H y IS 13G REPRESENTING THE SELLER IN THIS TRANSACTION. BUYER d SELLER INITIAL: Buyer(S) k Sellers) 131. 1, the owner of Not pmpelry, accept the ageemert aril aul brine, I agree to purchase the properly for the price and en the 132. the listing broker to withdraw said property from the market lams ark corhdiliorLS set forth ab rZ aw,,. arrw �. F .1 1 .Nr gee., SELLM AGENT V.ihl.O.e �� L y w]lA • - 139 THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 140 mN vA ISeal IF YOU DESIRE LEGAL OR TAR ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. L 0 136 DIVE CF FINAL ACME CE i ADDENDUM TO PURCHASE AGREEMENT _ n� a BLANK This brm eppmled Ey Iha Minnesma Assooalan Of REALTORS': Mumesola Assoc el nn of REALTOR$• `UUiTI: 4lsdeima sit figiddy arising out of use or misuse of Ibis farm. 1 \IKIR \IK ��TI \~�u'L'1 a. \i[I! �_23 1. Date Y 2. Page 3 _ 01 _3 __ Pages 3 Addendum to Purchase Agreement between parties dated A/- .a 3 ,19 40 pertaining to the purchase 4. and sale of the property at 715 Glcn ST. 14 SON I MN. 55350 5. -. 4l, 7. e. 9, u �t 11 `_�. r �n Crt�t nel: u b cr 4o Li c.ca Fc 10. _ AD 11. Sli 1 \440 l��cLu, }i n�lice) T�'1< C+Fj 12. W:U hoi OW.ATUmI� y-C LOCO -FPM •CcCS• 13. 14. 15. — It 17. • 18. 19. 20. — 21, 22. 23, 24. 25. 26 27. 28. 29. 30. 31. _ 32. -- 33. 34. 1� 14wN a. MI. Ina.l 37 THIS IS A LEGALLY BINDING CONTRACT BETWEEN esyFne AND SELLEnS _.. .,.... -..._ . - .. ......�� .•.... w . o,c ranee e. uu __ r1 __ i