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cp09-26-1995 cSUNDAY 1P MONDAY TUESD -24- -25- -26- Noon - Safety Council Meeting r at Heritage Center 10:00 a.m. - Employee Safety Committee Meeting at 1:00 p.m. - Utilities Commissi n City Center at Utilities 7:00 p.m. - Informational Mtg. 5:30 p.m. - City Council re. Future of Arch & 2nd Meeting at City Center HUTCHINSON CITY 7:30 p.m. - Airport Commission CALENDAR Mtg. at Airport Lobby 8:00 p.m. - Fire Relief Assn. Meeting at Fire Station Week OT Sept, 24 to Sept. 30 1995 WEDNESDAY THURSDAY FRIDAY SATURDAY -27- -28- -29- -30- 10:00 a.m. - Directors Meetin 10:00 a.m. - Open bids at City CONFERENCE /VACATION at City Center Staff Center for HATS Facility Steve Madson - Sept. 25 - Conference Room Fueling System Oct. 2 Randy DeVries & Dick Nagy - Sept. 27 -29 5:00 p.m. - Tree Board Mtg. at Marquette Bank Conference Room 0 MEMORANDUM September 22, 1995 To: Mayor & Council From: Marilyn J. Swanson, Admin. Secretary l : OX.110i oxen a Since both Dolf Moon and Gary Henke need to be present at the School Board meeting on September 26, they would appreciate if items 4 -1) and 9 -H could be considered among the first • business items on the City Council agenda They will be in attendance at the meeting to answer any questions you may have regarding their particular items. Thank you for your cooperation. E • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 26, 1995 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Brian Brosz, Congregational UCC Church 011111KI196111ma C • • ull►l MINUTES OF REGULAR MEETING OF SEPTEMBER 12, 1995 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS FINANCIAL/INVESTMENT REPORT - AUGUST 1995 2. PLANNING COMMISSION MINUTES OF AUGUST 15, 1995 3. POLICE COMMISSION MINUTES OF AUGUST 8, 1995 • (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10547 - RESOLUTION FOR PURCHASE (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) YOUTH SPORTS MISSION STATEMENT (e) CONDITIONAL USE PERMIT FOR DOUGLAS WINN TO REPLACE EXISTING GARAGE WITH STRUCTURE THREE FEET FROM PROPERTY LINE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10549) (f) CONDITIONAL USE PERMIT FOR KEITH LARSON TO MOVE GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10550) (g) ANNEXATION OF 11.32 ACRES LOCATED IN SECTION 5, HASSAN VALLEY TOWNSHIP SUBMITTED BY VIRGIL GOEBEL, GOEBEL FIXTURE COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 95 -160 AND SET SECOND READING FOR OCTOBER 10, 1995) 40 1 CITY COUNCIL AGENDA - SEPTEMBER 26, 1995 (h) REZONE "GAP ANNEXATIONS" AND NORTHVIEW COURT FROM R -1 (SINGLE FAMILY RESIDENCE DISTRICT) TO R -2 (MEDIUM DENSITY RESIDENCE DISTRICT), R -3 (MEDIUM -HIGH DENSITY RESIDENCE DISTRICT), C -4 (FRINGE COMMERCIAL DISTRICT) AND R -5 (MOBILE HOME PARK) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR OCTOBER 10, 1995) (i) FINAL PLAT SUBMITTED BY PATRICIA LINDSAY, KNOWN AS "A AND J SUBDIVISION," LOCATED IN SECTION 26, ACOMA TOWNSHIP, TWO MILE RADIUS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS 0) VARIANCE REQUESTED BY RICHARD HAUSLADEN, B & B SPORTS, FOR REDUCTION OF SIDEYARD SETBACK IN SECTION 30, HUTCHINSON TOWNSHIP, TWO MILE RADIUS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS (k) VARIANCE REQUESTED BY KEVIN COMPTON, LITTLE CROW SHOOTING SPORTS, TO REDUCE SETBACK FOR ON- PREMISE SIGN LOCATED IN SECTION 30, HUTCHINSON TOWNSHIP, TWO MILE RADIUS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS Action - Motion to approve consent agenda PUBLIC HEARING - 6:00 P.M. (a) ADAMS STREET NEIGHBORHOOD SMALL CITIES DEVELOPMENT PROGRAM GRANT APPLICATION Action - Motion to close hearing - Motion to reject - Motion to approve (b) LETTING NO. 2, PROJECT NO. 96- 02-- ASSESSMENT ROLL NO. 311 (FIFTH AVENUE SE /ARCH STREET-- SOLITRA/INDUSTRIAL PARK) Action - Motion to close hearing - Motion to reject - Motion to approve assessment roll and award contract - Motion to adopt Resolution NONE is i is L] • r 1 �J CITY COUNCIL AGENDA - SEPTEMBER 26, 1995 8. UNFINISHED BUSINESS (a) CONSIDERATION OF CITY PURCHASE OF ELKS LODGE OPTION AGREEMENT FOR PROPERTY LOCATED ON HWY. 7 WEST (DEFERRED SEPTEMBER 12, 1995) Action - Motion to reject - Motion to approve and enter into agreement 9. NEW ESS (a) CONSIDERATION OF AGREEMENT AND PROPOSED EASEMENT WITH DOUGLAS AND CAROL DOBRATZ Action - Motion to reject - Motion to approve and enter into agreement (b) CONSIDERATION OF ADVERTISING FOR AIRPORT PROPERTY LEASING Action - Motion to reject - Motion to approve (c) CONSIDERATION OF AWARDING BID FOR ANTIQUES Action - Motion to reject - Motion to approve bid (d) CONSIDERATION OF PROFESSIONAL LIABILITY INSURANCE COVERAGE FOR ASSISTANT CITY ATTORNEY Action - Motion to reject - Motion to approve (e) CONSIDERATION OF AUTHORIZATION TO PROCEED WITH CONDEMNATION PROCEEDINGS FOR SIMONSON LUMBER PROPERTY Action - Motion to reject - Motion to approve (f) CONSIDERATION OF AUTHORIZATION FOR CITY OF HUTCHINSON TO TRANSFER TRIANGLE PIECE OF PROPERTY TO SIMONSON LUMBER SUBJECT TO EXECUTION OF DEVELOPMENT AGREEMENT Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance No. 95 -159 and set second reading for October 10, 1995 (g) CONSIDERATION OF AUTHORIZATION FOR PARKS AND RECREATION DEPARTMENT TO SUBMIT APPLICATION FOR MIGHTY DUCKS RENOVATION FUNDS Action - Motion to reject - Motion to approve and adopt Resolution No. 10548 CITY COUNCIL AGENDA - SEPTEMBER 26, 1995 (h) CONSIDERATION OF HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION PROPOSAL FOR MONTHLY PENSION INCREASE Action - Motion to reject - Motion to approve (a) COMMUNICATIONS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds L 1J 4 40 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 12, 1995 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plouz City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. In the absence of a pastor, there was no invocation. I� ►l The minutes of the regular meeting of August 8, 1995 and August 22, 1995 and bid openings of August 29, 1995 and September 6, 1995 were approved as distributed. PRESENTATION FROM MINNESOTA RECREATION PARK ASSOCIATION OF 1995 AWARD OF EXCELLENCE FOR KIWANIS PARK SLIDING HILL SHELTER Representatives of the Minnesota Recreation Park Awards Committee presented Nan Bames, Kiwanis representative, with a plaque for their contribution in the Hutchinson "Adopt a Park" program and presented Director Dolf Moon with a framed poster showing the benefits Marks and recreation. 4. CONSENT AGENDA • (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS BUILDING OFFICIAL'S REPORT - AUGUST 1995 LIBRARY BOARD MINUTES OF AUGUST 21, 1995 HUTCHINSON AREA HEALTH CARE MINUTES OF JULY 18, 1995 AND JULY 24, 1995 AIRPORT COMMISSION MINUTES OF AUGUST 28, 1995 PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF AUGUST 3, 1995 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 95 -158 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO 3D CNC, INC. AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (LOT SEVEN, BLOCK ONE, FIRST ADDITION IN HUTCHINSON INDUSTRIAL DISTRICT) (SECOND READING AND ADOPT) 1 IN CITY COUNCIL AGENDA - SEPTEMBER 12, 1995 E 2. LETTING NO. 2, PROJECT NO. 96-02, ASSESSMENT ROLL NO. 311 FIFTH AVENUE NE (FORMERLY ARCH STREET) (SOLITRA/INDUSTRIAL PARK) RESOLUTION NO. 10536 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 311, LETTING NO. 2, PROJECT NO. 96 -02 RESOLUTION NO. 10537 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 311, LETTING NO. 2, PROJECT NO. 96 -02 3. RESOLUTION NO. 10538 - RESOLUTION FOR PURCHASE 4. RESOLUTION NO. 10539 - RESOLUTION SETTING INTEREST RATE FOR 1995 ADOPTED ASSESSMENT ROLLS (c) AWARD BID FOR 1996 SMALL BUS (d) APPOINTMENTS TO BOARDS AND COMMISSIONS 1. PARKS/RECREATION /COMMUNITY ED. ADVISORY BOARD i • J. P. AUER • MIKE CANNON • MIKE SCHALL 2. UTILITIES COMMISSION -- PAUL ACKLAND 3. PLANNING COMMISSION --DAN PROCHNOW 4. POLICE CIVIL SERVICE COMMISSION -- CHERYL DOOLEY 5. TREE BOARD -- JOE NEUBAUER 6. AIRPORT COMMISSION -- JOE DOOLEY AND AL KOENIG (e) CHANGE ORDER NO. 6 AND ESTIMATE NO. 14 (FINAL) FOR HUTCHINSON MUNICIPAL AIRPORT IMPROVEMENTS (MATHIOWETZ CONSTRUCTION COMPANY), LETTING NO. 10, PROJECT NO. 92 -16 (f) ADDITIONAL SERVICES AGREEMENT WITH RUST E &I FOR OTTER LAKE CROSSING (LETTING NO. 4, PROJECT NO. 94 -04) (g) GENERAL MUNICIPAL SERVICES AGREEMENT WITH RUST E &I 2 i 0 CITY COUNCIL AGENDA - SEPTEMBER 12, 1995 (h) JOB CLASSIFICATION MODIFICATION FOR GIS COORDINATOR POSITION TO INFORMATION SERVICES COORDINATOR (i) APPLICATION FOR PEDDLEWSOLICITOR LICENSE FOR W, V.S. MARKETING, INC. The motion to approve the consent agenda was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. PUBLIC HEARING - 6:00 P.M. NONE COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF PETITION FOR TRAFFIC CONTROL ON CALIFORNIA STREET Police Chief Madson reported a survey of vehicles utilizing California Street was conducted over the weekend, and 18 vehicles were stopped. He stated the high volume of traffic creates safety issues, but the Chief did not consider it a severe problem. It was suggested that a neighborhood meeting be held to try to resolve some of the problems. Then a report will be presented to the City Council at the second meeting in October. (a) DISCUSSION OF ELKS LODGE PROPERTY LOCATED ON HWY. 7 WEST (DEFERRED AUGUST 22, 1995) City Administrator Plotz presented background information on the issue and reported on a meeting held with the Elks' representatives. He stated they consider $60,000 a reasonable price for the property, and they offered a commitment of $7,500 donation to the City for the park department fund to be paid over a three year period of $2,500 a year. The City Attorney will prepare the necessary documents for the September 26, 1995 Council meeting. WEENRI_--, (a) CONSIDERATION OF SETTING PUBLIC HEARING DATE OF SEPTEMBER 26, 1995 FOR ADAMS STREET NEIGHBORHOOD SMALL CITIES DEVELOPMENT PROGRAM GRANT APPLICATION Following discussion, Council Member Erickson moved to approve and set a public 0 CITY COUNCIL AGENDA - SEPTEMBER 12, 1995 L J hearing for September 26, 1995 at 6:00 p.m. and to adopt Resolutions No. 10540 and No. 10546. Motion seconded by Council Member Mlinar and unanimously carried. (b) DISCUSSION OF CONCEPTUAL PLAN PRESENTED BY WORD OF LIFE OUTREACH CENTER TO CONSTRUCT CHURCH AND SCHOOL IN C -4 DISTRICT (1200 BLOCK OF BOSTON STREET SW) Rev. Jim Hall from the Word of Life Outreach Center presented drawings of the conceptual plan for the proposed church and school they wish to construct. City Attorney Anderson expressed concern about the use of the site and stated that the school facility would require a conditional use permit to comply with the City's zoning ordinance requirements. He also noted that the presentation to the City Council was on an advisory basis and would require a recommendation from the Planning Commission. No action was taken. (c) CONSIDERATION OF SETTING PRELIMINARY 1996 TAX LEVY Finance Director Kenneth B. Merrill presented a detailed report on the preliminary 1996 tax levy and recommended to set the levy at $2,455,176.00 (after HACA deduction). Following discussion, Council Member Craig moved to accept the tax levy as presented and to adopt Resolution No. 10544. Motion seconded by Council Member Erickson and unanimously carried. (d) CONSIDERATION OF SETTING HEARING DATE FOR TRUTH IN TAXATION Following discussion, Council Member Mlinar moved to set the public hearing for December 4, 1995 at 5:00 p.m. and to adopt Resolution No. 10545, seconded by Council Member Peterson and unanimously carried. (e) CONSIDERATION OF REASSESSMENT AGREEMENTS FOR HELLANDS 8TH ADDITION, LOTS 2 & 3, BLOCK 1 It was reported that Mr. W. A. (Bill) Helland purchased the two above referenced delinquent lots which were previously owned by his sons. Mr. Helland requested consideration of a reduction in assessment if he agreed to pay all assessments on one lot immediately and the other lot next year. He intended to construct multiple housing on the site in the near future. Following discussion of City policy , the motion to defer to the October 10, 1995 Council meeting to allow the City Attorney time to do research on the issue was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (f) CONSIDERATION OF ASSESSMENT ANNULMENT (720 CALIFORNIA STREET) 4 0 0 CITY COUNCIL AGENDA - SEPTEMBER l2, 1995 Engineer Rodeberg explained that an outstanding assessment in the mount of $413.91 was overlooked on an assessment search report for property located at 720 California Street. Attorney Dan Prochnow has requested that the assessment amount be annulled. Following discussion, the motion to annul the $413.91 assessment missed on the assessment search was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (g) CONSIDERATION OF SIDEWALK MAINTENANCE ON SUNSET STREET It was the recommendation of the City Engineer and the Parks/Recreation Director that the City complete the snow removal of the two block stretch on Sunset Street between South Grade Road (Recreation Center) and Cleveland Avenue SW (Century Court/Augusta Homes). Following discussion, the motion was made by Council Member Peterson to approve the sidewalk maintenance out of City funds for sidewalk cleaning purposes and to reserve the right for the City to change the policy at some future date. Motion seconded by Council Member Erickson and unanimously carried. Council Member Craig moved to direct City staff to develop a maintenance plan for City sidewalks, seconded by Council Member Peterson and unanimously carried. (h) CONSIDERATION OF REVISED ASSESSMENT ROLLS NO. 300, 301 & 302 Engineer Rodeberg reported that for several reasons the assessed work was not performed, and the cost was removed from the assessment rolls. He recommended that the revised assessment rolls No. 300, 301 and 302 be approved. Following discussion, the motion to approve the revised assessment rolls No. 300, 301 and 302 and to adopt Resolutions No. 10541, No. 10542 & No. 10543 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM POLICE CHIEF Police Chief Steve Madson reported that by utilizing the mezzanine area in the Crow River Arts building, it would eliminate the need for a 750 square foot addition to the police station. In lieu of the building expansion, it was his recommendation to do a remodeling project, with the funding to come out of the 1996 capital project budget. Chief Madson requested authorization to obtain estimated costs and proposed drawings. Following discussion, Council Member Craig moved to authorize the Police Chief to proceed with specifications and drawings for the remodeling project, seconded by 0 5 CITY COUNCIL AGENDA - SEPTEMBER 12, 1995 Council Member Mlinar and unanimously carried. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that HCDC Director Dick Lennes had sent a letter regarding the clean-up of weeds on Arch Street. He also commented on the County Solid Waste Management Board meeting held on September 11, 1995. Since the Minnesota Pollution Control had funds left over from the 1995 -96 allocations, the City is considering reapplying for a composting grant for the City or jointly with the County. Mr. Plotz stated the new guidelines will be available soon. (c) COMMUNICATIONS FROM HCDC EXECUTIVE DIRECTOR Director Dick Lennes presented an update report on the Solitra building. The steel structure is designed for two future additions. He stated the company plans to be begin production by November with 15 employees. The employment base will grow to 150 within the next two years and eventually reach 200 to 300 employees. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg noted that the County and MN/DOT held a meeting to discuss the proposed bypass and an extension of Arch Street. He stated the City would work with the two governmental entities on these issues. The City Engineer reported he was working with the Farmers Elevator and MN/DOT regarding a stop sign at Second Avenue and Adams Street (T.H. 22). Mention was made that there will be a meeting at the new HATS facility on October 26, 1995, and this date is being recommended for an open house. (e) COMMUNICATIONS FROM FINANCE DIRECTOR Finance Director Kenneth B. Merrill inquired about setting up a City Council budget workshop date in October to review the proposed 1996 budget. Council Member Mlinar moved to hold a special workshop meeting on October 10, 1995 at 4:00 p.m. to review the 1996 budget, seconded by Council Member Erickson and unanimously carried. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 0 CITY COUNCIL AGENDA - SEPTEMBER 12, 1995 .► There being no further business, the meeting adjourned at 8:15 p.m. S 0 lJ AUGUST 1995 CITY OF HUTCHINSON FINANCIAL STATEMENTS AUGUST 199 1995 REVENUE REPORT - GENERAL AUGUST YEAR TO ADOPTED BALANCE PERCENTAG *AXES ACTUAL DATE ACTUAL BUDGET REMAINING USED 0.00 707,681.23 1,402,619.00 694,937.77 50.45% LICENSES 559.20 16,659.20 22,650.00 5,990.80 73.55% PERMITS AND FEES 15,275.76 125,522.62 173,000.00 47,477.38 72.56% INTERGOVERNMENT REVENUE 0.00 1,066,108.85 2,271,899.00 1,205,790.15 46.93% CHARGES FOR SERVICES 53,857.02 469,885.70 1,032,279.00 562,393.30 45.52% FINES & FORFEITS 4,762.38 37,587.77 66,000.00 28,412.23 56.95% INTEREST 21,279.75 108,218.53 50,000.00 (58,218.53) 21644% SURCHARGES - BLDG PERMITS 687.12 2,253.09 1,000.00 (1,253.09) 225.31% CONTRIBUTIONS FROM OTHER FUND 0.00 110,002.50 627,500.00 517,497.50 17.53% REIMBURSEMENTS 1,075.61 10,572.16 24,100.00 13,527.84 43.87% SALES 0.00 1,100.00 15,800.00 14,700.00 6.96% TOTAL 97,496.84 2,655,591.65 5,686,847.00 3,031,255.35 46.7% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 5,694.40 32,869.11 46,785.00 13,915.89 70.3% CITY ADMINISTRATOR 13,653.80 114,067.54 168,356.00 54,288.46 67.8% ELECTIONS 40.60 1,362.32 4,875.00 3,512.68 27.9% FINANCE 36,206.80 197,702.47 284,467.00 86,764.53 69.5% MOTOR VEHICE 7,763.10 64,271.08 90,161.00 25,889.92 71.3% ASSESSING 0.00 0.00 25,500.00 25,500.00 0.0% LEGAL 7,707.60 58,649.40 86,600.00 27,950.60 67.7% PLANNING 6,092.00 62,084.48 93,881.00 31,796.52 66.1% POLICE DEPARTMENT 130,639.90 1,131,698.76 1,368,993.00 237,294.24 82.7% ,gjECHOOL LIAISON OFFICER 3,782.30 51,770.51 40,650.00 (11,120.51) 127.4% ERGENCY MANAGEMENT 14.90 1,166.14 400.00 (766.14) 291.5% AFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE DEPARTMENT 40,391.00 93,040.97 161,237.00 68,196.03 57.7% FIRE MARSHAL 1,786.50 14,657.67 21,163.00 6,505.33 69.3% PROTECTIVE INSPECTIONS 10,123.70 86,866.34 124,018.00 37,151.66 70.0% ENGINEERING 26,498.70 247,226.20 320,443.00 73,216.80 77.2% STREETS & ALLEYS 36,550.10 295,806.08 486,401.00 190,594.92 60.8% STREET MAINTENANCE A/C 5,187.20 48,860.28 84,000.00 35,139.72 58.2% CITY HALL 8,197.60 56,406.73 75,964.00 19,557.27 74.3% PARK/REC ADMIN. 10,488.80 88,311.43 126,860.00 38,548.57 69.6% RECREATION 28,651.60 172,362.08 219,903.00 47,540.92 78.4% SENIOR CITIZENS CENTER 5,146.70 66,787.22 80,241.00 13,453.78 83.2% CIVIC ARENA 5,298.10 104,592.80 153,494.00 48,901.20 68.1% PARK DEPARTMENT 68,638.90 429,057.52 547,070.00 118,012.48 78.4% RECREATION BUILDING & POOL 9,573.80 63,837.30 76,958.00 13,120.70 83.0% LIBRARY 2,379.90 67,371.04 93,772.00 26,400.96 71.8% CEMETERY 5,079.60 36,711.17 73,894.00 37,182.83 49.7% DEBT SERVICE 1,630.00 24,494.90 24,984.00 489.10 98.0% AIRPORT 14,431.70 55,718.23 79,215.00 23,496.77 70.3% TRANSIT 12,624.90 80,011.90 172,668.00 92,656.10 46.3% COMMUNITY DEVELOPMENT 6,152.60 59,521.38 70,785.00 11,263.62 84.1% UNALLOCATED 25,175.20 220,745.16 482,859.00 262,113.84 45.7% TOTAL 535,602.00 4,028,028.21 5,686,847.00 1,658,818.79 23.36 9,249.40 C 4 -/4 � <1l AUGUST 1995 CITY OF HUTCHINSON FINANCIAL REPORT - 1995 AUGUST 1 ENTERPRISE FUNDS REFUSE WATER 51,166.75 REVENUE REPORT - LIQUOR FUND AUGUST YEAR TO ADOPTED BALANCEPERCENT 52,332.38 518,862.13 ACTUAL DATE ACTUAL BUDGET REMAINING USE& LIQUOR SALES WINE SALES 57,829.76 430,324.29 570,000.00 139,675.71 75.5% BEER SALES 18,082.15 113,608.86 127,481.79 748,937.82 172,000.00 945,000.00 44,518.21 74.1% BEER DEPOSIT (127.28) (274.76) 0.00 196,062.18 274.76 79.3% 0.0% MISC. SALES LOTTERY SALES 10,722.10 64,076.28 63,000.00 (1,076.28) 101.7% REFUNDS & REIMBURSEMENTS (942.00) 2,969.80 4,000.00 1,030.20 74.2% CASH DISCOUNTS INTEREST (1,365.48) (815.46) (9,854.20) 0.00 (1,500.00) 815.46 8,354.20 0.0% 656.9% 529.04 3,520.86 2,000.00 (1,520.86) 176.0% TOTAL 198,337.15 1,366,366.42 1,754,500.00 388,133.58 77.9% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES REPAIR & MAINTENANCE 13,261.25 112,354.34 116,858.00 4,503.66 96.1% CONSULTING 1,674.67 6,038.49 8,651.76 19,600.84 5,750.00 2,000.00 (2,901.76) 150.5% OTHER SERVICE & CHARGES 37,766.36 52,700.00 (17,600.84) 14,933.64 980.0% 71.7% DEPRECIATION DEBT SERVICE 0.00 19,200.00 19,200.00 0.0% TRANSFERS 34,790.00 34,790.00 0.00 100.0% COST OF SALES 128,203.41 0.00 1,085,485.69 130,000.00 1,348,700.00 130,000.00 263,214.31 0.0% 80.5% MISCELLANEOUS CAPITAL OUTLAY 712.50 7,100.00 6,387.50 10.0% 120.00 5,000.00 4,880.00 0.0% TOTAL 149,177.82 1,299,481.49 1,722,098.00 422,616.51 75.5% REVENUE REPORT -WATER • SEWER/FUND SCORE LICENSES 0.00 0.00 132,300.00 132,300.00 0.0% WATER SALES WATER TREATMENT SURCHARGE 0.00 54,317.83 500.00 411,490.55 580,000.00 168,509.45 70.9% WATER METER 1,703.05 1,622.85 2,736.55 6,971.85 0.00 16,000.00 9,028.15 43.6% REFUSE SERVICES REFUSE SURCHARGE 43,581.20 289,537.10 440,000.00 150,462.90 65.8% RECYCLE BAGS 4,894.75 32,664.32 49,000.00 16,335.68 66.7% REFUSE STICKER SALES 7.00 250.00 323.00 896.00 500.00 177.00 0.0% REFUSE RECYCLING (6,060.00) (36,352.39) 950.00 0.00 COMPOST CREDIT (1,047.03) (5,625.46) (7,000.00) COMPOST & RECYCLE SALES 102.50 1,026.00 SEWER SERVICES PENALTY CHARGES 134,157.24 1,225,610.68 1,775,000.00 549,389.32 69.0% INTEREST EARNED 919.53 13,572.22 10,038.71 34,900.76 15,000.00 125,000.00 4,961.29 66.9% LOAN REPAYMENT 823.52 48,088.94 0.00 90,09924 (48,088.94) 27.9% REFUNDS & REIMBURSEMENTS OTHER 437.50 3,479.29 3,000.00 (479.29) 116.0% CONNECTION CHARGES 346.00 15,203.84 2,000.00 (13,203.84) 760.2% TOTAL 249,628.16 0.00 2,041,489.74 3,131,750.00 0.00 1,059,490.96 12.87 EXPENSE REPORT- WATER SEWER/FUND REFUSE WATER 51,166.75 304,069.26 405,936.00 101,866.74 74.9% SEWER 52,332.38 518,862.13 1,008,639.00 489,776.87 51.4% 85,196.89 1,190,314.96 2,463,779.00 1,273,464.04 48.3% • TOTAL 188,698.02 2,013,246.35 3,878,354.00 1,865,107.65 51.9% x-14(1 ) T • 26- Sep -95 Institution Description TREAS BONDS 644136 TREAS BONDS 644137 Smith Barney CMO 80AP9 Smith Barney GNMA 865M7 Smith Barney 313400 S H 7 Smith Barney 313400 -y6 -4 Marquette 30,020,176.00 Firstate 371 Firstate 411235399 0irstate 411235381 Smith Bamey 28 Smith Barney 28 Firstate 63 Firstate 189 Firstate 217 Firstate 245 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease *` A GNMA with fixed maturity but has a call date of 8112/97 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) &1) CMO has been repaid in full 6/7/95 Amount 373, 500.00 307,312.50 (1) 128,077.78 300,071.92 501,002.05 500,000.00 600,000.00 300,000.00 200,000.00 2,632,817.84 842,710.61 400,000.00 500,000.00 400,000.00 400, 000.00 $8,385,492.70 ,�{ -A. (1) CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT September 1995 Date Date Interest Of Of Rate Purchase --- - - -- Maturity 7.18% -- 12112/91 --- --------- 2/15/2001 7.13% 12/12191 10/15/98 7.380% 2/15/93 5/1/2018 7.363% 2/15193 8/10/2002 5.00% 12/30/93 03/10/00 8.19% 12/19/94 12/16/97 6.30% 12/15/94 12/14/95 6.65% 05/11/95 05/16/96 6.05% 06/15/95 12/14/95 6.00% 06/15/95 10/11/95 5.74% 08110/95 08110/95 5.74% 08/10/95 08/10/95 5.50% 08/10/95 10/12/95 5.75% 08/10/95 02/15/96 5.75% 08/10/95 03/14/96 5.75% 08 /10 /95 04/11/96 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease *` A GNMA with fixed maturity but has a call date of 8112/97 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) &1) CMO has been repaid in full 6/7/95 Amount 373, 500.00 307,312.50 (1) 128,077.78 300,071.92 501,002.05 500,000.00 600,000.00 300,000.00 200,000.00 2,632,817.84 842,710.61 400,000.00 500,000.00 400,000.00 400, 000.00 $8,385,492.70 ,�{ -A. (1) MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 15, 1995 . 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Craig Lenz, Glenn MateJka, Bill Arndt, Roger Gilmer and Chairman Wood. Members absent: Bill Craig and Clint Gruett. Also present: Brenda Ewing, Planning Coordinator, Jim Marka Building Official, and G. Barry Anderson City Attorney. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED JULY 18. 1995 Mr. Matejka made a motion to approve the minutes dated July 18, 1995, seconded by Mr. Arndt the motion carried unanimously. 3. PUBLIC HEARINGS a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF APARTMENT BUILDINGS ON NORTH HIGH DR. W. REQUESTED BY RALPH SCHMITZ Brenda Ewing explained Mr. Schmitz has withdrawn the item for consideration by Planning Commission. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT GEHLEN TO CONSTRUCT A 50' X 48' POLE FRAME ADDITION ONTO EXISTING BUILDING LOCATED AT 1110 HWY 7 E. Chairman Wood opened the hearing at 5:33 p.m. with the reading of publication #4847 as published in the Hutchinson Leader on Thursday, August 3, 1995. The request is for the purpose of considering a conditional use permit requested by Robert Gehlen to construct a 50' x 48' pole frame addition onto existing building located at 1110 Hwy. 7 E. Jim Marka explained the request for the pole type construction due to the construction of the present building. He also commented on the activity in process for soil corrections. Jim commented on the staff recommendations requiring submittal of a detailed site plan that identifies the existing and proposed grades, existing and proposed curb cuts, hard surfaced parking lot layout/handicapped parking and finished floor elevation of the proposed pole structure addition and the parking lot being hard surfaced in three years of approval of the conditional use permit. Prior to hard surfacing review storm drainage with the City Engineer, a catch basin may be required. Portable signs are not permitted without City Council approval. Provide landscaping screening between residential south property line and commercial and provide tree planting to soften the Hwy. 7 E. frontage and Garden Rd. Mr. Gehlen commented on the parking lot and staging of the hard surfacing with red rock for 3 years. He explained the existing building is on a floating slab which necessitates a pole building addition for the footings. Discussion followed on the exterior and interior of the building. Chairman Wood read into the record a letter from Ms. Rachel Christensen, 814 Lindy Lane, regarding her concerns with the appearance and type of building. Mr. Gehlen stated planting will begin this fall and the building will be two tone and aesthetically pleasing. He commented he will use the existing reader board sign. Mr. Lenz made a motion to close the hearing, seconded by Mr. Matejka the hearing closed at 5:42 p.m. Mr. Lenz made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Matekja the motion carried unanimously. # -A C4 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 15. 1995 C) CONSIDERATION OF LOT SPLIT AND CONDITIONAL USE PERMIT REQUESTED BY JAMES REID AND NORMAN SCHWANKE FOR CONSTRUCTION OF 30' X 40' PAINTED STEEL POLE BARN STORAGE BUILDING WHICH IS AN ACCESSORY STRUCTURE GREATER THAN 1,000 SQ. • FT. LOCATED AT 1480 HWY 7 W. Chairman Wood opened the hearing at 5:43 p.m. with the reading of publication #4848 as published in the Hutchinson Leader on Thursday, August 3, 1995. The request is for the purpose of considering a conditional use permit requested by Mr. Norman Schwanke for construction of a 30' x 40' painted steel pole barn storage building and a request by Mr. Jim Reid for a lot split located at 1480 Hwy. 7 W. Mr. Marka commented on the request noting Mr. Schwanke has withdrawn the conditional use request for a storage building. The Planning Commission will be acting on the lot split requested by Mr. Reid only. Mr. Marka stated that Mr. Reid is working with the City, DNR and County on this issue and he commented on staff recommendations including providing a completed site plan. Discussion followed on highway access and on the dedication of easements. There was also discussion on elevations on the property and delineation of wetlands. Mr. Reid stated the wetlands are to be verified next week and he will grant an easement for city sewer and water. Mr. Matejka moved to close the hearing, seconded by Mr. Lenz the hearing closed at 5:54 p.m. Mr. Matejka made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lenz the motion carried unanimously. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ALVIN HANSEN TO REPLACE EXISTING NON - CONFORMING GARAGE WITH A 36' X 28' GARAGE TO BE LOCATED 3' FROM PROPERTY LINE LOCATED AT 986 HASSAN ST. S.E. Chairman Wood opened the hearing at 5:55 p.m. with the reading of publication #4849 as published in the Hutchinson Leader on Thursday, August 3, 1995. The request is for the purpose of considering a conditional use permit as requested by Mr. Alvin Hansen to replace existing non - conforming garage with a 36'x28' garage to be located 3' from property line located at 986 Hassan st. S.E. Jim Marka commented on the request and staff recommendation addressing the square footage of the garage, height, drainage and moving of gas and electric at homeowner's expense. Mr. Hansen stated he will not use the garage as a home occupation. Discussion followed on replacing the garage 3' from the property line. Mr. Hansen explained the placement of the driveway next to the property line. He also stated the "mean" height of the garage will be 13.5' Mr. Matejka moved to close the hearing, seconded by Mr. Amdt the hearing closed at 6:00 p.m. Mr. Matejka made a motion to recommend approval of the request subject to staff recommendations. Seconded by Mr. Lenz the motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAN THOSTENSON TO PLACE A 1979 SCHULZ MOBILE HOME AT448 CALIFORNIA STREET, LOT 203 COUNTRY CLUB TERRACE Chairman Wood opened the hearing at 6:01 p.m. with the reading of publication #4851 as published in the Hutchinson Leader on Thursday, August 3, 1995. The request is for the purpose of considering a conditional use permit requested by Mr. Dan Thostenson to place a 1979 Schulz mobile home on Lot 203, Country Club Terrace, 440 California St. HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 15, 1995 Jim Marka stated all the code items have been addressed and staff recommends approval. He commented on the communication problems that arise with • management of the mobile home parks. Planning Commission directed the City Attorney to contact mobile home park owners of zoning ordinance requirements. Mr. Lenz made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 6:06 p.m. Mr. Lenz made a motion the recommend approval of the request subject to staff recommendations. Seconded by Mr. Gilmer the motion carried unanimously. f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CORRINE WEDDELL TO PLACE A MOBILE HOME MORE THAN 15 YEARS OLD AT 448 CALIFORNIA STREET, LOT 175, COUNTRY CLUB TERRACE Chairman Wood opened the hearing at 6:07 p.m. with the reading of publication #4852 as published in the Hutchinson Leader on Thursday, August 3, 1995. The request is for the purpose of considering a conditional use permit requested by Ms. Corrine Weddell to place a mobile home more than 15 years old at 448 California St., Lot 175, Country Club Terrace. Jim Marka commented on the life safety issues according to the Zoning Ordinance and will verify compliance prior to issuance of gas meter and building permit. Mr. Lenz moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:09 p.m. Mr. Lenz made a motion to recommend approval of the request subject to staff recommendations. Seconded by Mr. Gilmer the motion carried unanimously. g) CONSIDERATION OF UPDATE OF COMPREHENSIVE PLAN Chairman Wood reopened the hearing at 7:45 p.m. with the reading of publication #4827 as published in the Hutchinson Leader on Thursday, June 8, 1995. The request is for considering updates to 3 sections of the Comprehensive Land Use plan. Brenda Ewing commented on the proposed language and future updates of the plan. Mr. Matejka questioned a portion of the language on page 3 as being negative. Jim Marka stated this Comprehensive Plan possibly has too much text and staff is beginning anew approach to revising the plan by following the City quadrants as a break down and by using more mapping and less text. The planning staff believes this type of Comprehensive Land Use Plan would be more functional for the public. Mr. Matejka commented on the section of the plan which contained many questions and suggested they be changed to statements. Mr. Lenz moved to close the hearing, seconded by Mr. Matejka the hearing closed at 8:00 p.m. Mr. Lenz moved to approve the Comprehensive Plan as before the Planning Commission subject to the changes noted in the discussion. Seconded by Mr. Matejka the motion carried unanimously. • a) CONTINUATION OF VARIANCE REQUESTED BY GREFE CONSTRUCTION FOR PLACEMENT OF SIGN IN HUTCHINSON TWP. (2 MILE RADIUS) Ms. Ewing stated the information requested by city staff has been provided and the staff recommends approval of the request. • Mr. MateJka made a motion to send approval of the request to the County, seconded by Mr. Lenz the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 15, 1995 5. b) CONSIDERATION TO MOVE AF 184 - 4TH AVE. N.W. F COUNCIL Jim Marka explained the request and the history of the request. Mr. Rettke commented on the use of the property as a decorating business. He explained the proposal to move the old carwash building located behind Taco John's. Mr. Rettke stated the building would be repainted, the rusted steel replaced and block placed around the bottom of the building. He also stated the property is landscaped with trees and the proposal at this time would be only to move the 32'x 40' building and not construct an addition. The parking and off loading issues have been addressed and the main use will be for interior decorating. Discussion followed on the Hwy. 7 corridor and the transitional land area. There was also discussion on the percent of coverage on the lot which would not be a problem with the 32'x40' request. Mr. Rettke stated there minimal truck traffic to the business. City Attorney G. Barry Anderson commented on the non - precise plans for the Hwy. 7 corridor that may deny use of the property. He stated there could be a concern with the number otYsemi trucks in the area and the property owner could be required to provide adequate documentation of the number of semi's off loading on the property. The conditional use permit may specify the number of trucks. Mr. Anderson stated he is uncomfortable with denial on speculation of Hwy. 7 W. development. Mr. Matejka made a motion to reverse the previous denial and recommend approval of the request to move a 38' x 40' building subject to staff recommendation and limiting the semi truck traffic to 10 trucks per year. Seconded by Mr. Gilmer the motion carried unanimously. NEW BUSINESS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF • GOLDSMITH, HUTCHINSON TWP., TO CONSTRUCT A 199' RADIO TOWER LOCATED ON HWY 7 E. (2 MILE RADIUS) Ms. Ewing commented on the request and staff recommendation. Mr. Quentin Krengel, Hutchinson, commented on the radio station which is certified and funded by public broadcasting. He explained the tower is actually 180' and does not require lighting based on height. Mr. Krengel stated the FCC permit has been applied for and is a 3 month process. Ms. Ewing stated the City Engineer has reviewed the Airport Zoning Ordinance and the proposed tower is in compliance with the ordinance. Mr. Lenz made a motion to approve the request contingent on approval by the City Engineer and Police Chief. Seconded by Mr. Matejka the motion carried unanimously. b) CONSIDERATION OF SKETCH PLAN REQUESTED BY FABIAN BUSS, ACOMA TWP. (2 MILE RADIUS) Brenda Ewing explained the one lot subdivision proposed and the staff has no recommendation since the sketch plan in beyond the proposed urban boundary district. Mr. Lenz moved no recommendation, seconded by Mr. Arndt the motion carried unanimously. C) DISCUSSION OF WORD OF LIFE OUTREACH CENTER CONCEPTUAL PLAN FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH AND SCHOOL IN THE C-4 DISTRICT (1200 BLOCK OF BOSTON STREET S.W.) 4 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 15, 1995 Building Official Jim Marka commented on the plan presented to staff. • Rev. Jim Hall commented on the history of the church and building occupied since 1988. He explained the amount of usage of the building. Mr. Marka commented on the zoning ordinance regarding churches and schools which requires a conditional use permit in all districts. Rev. Hall stated they will comply with the city regulations and requirements and the fact this is a 2 or 3 phase protect. He commented on the possibility of ponding. There was discussion on capacity of the auditorium and the education wing. Mr. Arndt commented on the ability of the church to be a "good neighbor' to the McLeod County Fairgrounds considering the noise, traffic, etc. especially if the events are held on the same night as the church has scheduled services or activities. Jim Marka commented on the soil borings and inquired about the construction plans. Rev. Hall stated early Spring construction would be probable. Mr. Marka explained to the Planning Commission this is discussion only in order to gain consensus of the conceptual drawing. He stated the City Council would also be asked to discuss the drawing. Mr. Matejka voiced concern with the development of a school in the area of the mall and the size of the parcel needed to accommodate a school of the proposed size regarding required playground area, parking, etc. Mr. Lenz expressed concerns with a school in the high traffic area of a mall, fairgrounds and surrounding businesses. Another concern by Mr. Lenz was for future expansion if the school were to be filled. Mr. Arndt asked that the large drainage tile presently crossing the property be verified by the City Engineer. Mr. Mate1[ka moved to forward the list of concerns by the Planning Commission to the City Council at their Sept. 12, 1995, regular meeting. Seconded by Mr. Lenz the motion carried unanimously. d) CONSIDERATION OF SKETCH PLAN SUBMITTED BY FRANK FAY FOR ROGER K. OLSON LOCATED IN SECTION 13, LYNN TWP. (2 MILE RADIUS) Brenda Ewing commented on the location of the proposal of a four lot subdivision outside of the proposed urban boundary district. She stated the staff has no recommendation. Discussion followed on the size of the lots and the soils. Mr. Matejka made a motion to recommend no objection to the request noting drainage review and proper installation of on -site septic systems. Seconded by Mr. Arndt the motion carried unanimously. 6. COMMUNICATION FROM STAFF a) Model Pipeline Ordinance Jim Marka commented on the ordinance proposal which would include a more detailed map. b) Establishment of new Zoning District • Mr. Marka explained the proposed ordinance would address the Hwy. 7 W. corridor. He stated H.C.D.C. will define the request for the new zoning district. 5 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 15, 1995 C) Drainage issues - Mae Jensen Property Mr. Marka explained the concerns, in writing, of drainage by Mrs. Jensen. d) Ivy Lane Vacation • Jim Marka stated there is correspondence to City Attorney G. Barry Anderson regarding the wrong legal description in recording the vacation of Ivy Lane. e) Proposed Boat House - 530 Lakewood Dr. /Mr, Howard Manthei Jim commented on the request for a boat house below the 100 year flood plain and closer than 10 feet from the high water mark. He explained that the Shoreland Ordinance and the DNR would not permit a variance for boat houses. f) Crisis Shelter fence - Hwy 7 East Jim explained the request by neighboring residential property owners for the Crisis Shelter to construct a fence for screening of the shelter. The meeting adjourned at 8:15 p.m. 0 0 HUTCHINSON POLICE COMMISSION MINUTES The Hutchinson Police Commission held a meeting on August 8, 1995 at the Hutchinson Police Department. Present at the meeting were John Decker, Kathleen Skarvan, Kevin Compton, Chief Steve Madson, Lt. John Gregor, and Lt. Ron Kirchoff. The meeting was called to order at 7:18 a.m. Chief Madson informed the commission that an internal posting for Police /Community Intervention Officer had resulted in two patrol officers submitting memorandums expressing interest in the position. The officers were Scott Schuette and William Mattsfield. Chief Madson advised the Commission that William Mattsfield is on medical leave following a stroke in April of 1995- Chief Madson also advised the commission that this would be considered a promotion as there would be a change of pay grade. There were some questions regarding the duties of the Police/Community Intervention position. Kevin Compton made a motion, seconded by Kathleen Skarvan, for Scott Schuette to move from Patrol Officer to the Intervention Officer position. Motion carried. Chief Madson informed the commission that there will be a need to establish a new eligibility list for patrol officers as the remaining applicants on the previous list have found other employment. Kathleen Skarvan made a motion, seconded by Kevin Compton, directing Chief Madson to proceed with advertising and testing procedure to establish new list. Motion carried. With there being no further business to discuss, a motion was made by Kathleen Skarvan, seconded by Kevin Compton to adjourn. Motion carried. Time of adjournment was 7:42 a.m. 0 ,// -A, (-� 0 TO: Mayor & City Council Chair and School Board Members FROM: Dolf Moon, Director P.R.C.E. DATE: September 19, 1995 RE: Youth Sports Mission Statement The Parks, Recreation and Community Education's Advisory Board has unanimously approved the attached mission and strategies statement at their September meeting We are recommending that both the School Board and City Council adopt this mission statement and strategies for the youth of our community. We believe the adoption of this document will provide the youth of our community a solid program philosophy that defines Parks, Recreation and Community Educations service role in the delivery of youth sports programs. in, L1 4 Y. PARKS, RECREATION AND COMMUNITY EDUCATION Hutchinson's Parks, Facilities and Programs will reflect the needs of community visitors, residents and neighborhoods. Mission "Provide Youth Sports as an opportunity to learn and have fun" Equal play opportunity: Provide equal sports play for all youth regardless of race, creed, economic status or ability. Proper Sports Environment: Provide activities for appropriate ages and development of participants. Modify rules of the sport as needed. Manage the level of physical and emotional stress. Programs based on the well being of children: Provide programs that are developed and organized to enhance the emotional, physical, social and educational well being of children. Positive Role Models: Establish programs that emphasize being a good sport including participants, coaches and spectators at games and practices. Provide positive reinforcement for participants and recognize that youth sports are only one part of the child's life. Learn to play: Provide opportunity for children to learn the basics of individual sports. Keep program costs at a minimum to enhance multiple program participation. Keep programs FUN and participants safe. RESOLUTION NO. 10547 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Manhole Rehabilitations 102 Water Meters (5/8 ") Adsk 10,050 7,650 Maintenance /Repair Resale 6 Replacement WWTP Water Yes Yes Infratech Water Pro IFThe following items were authorized due to an emergency need: ITEM 1 COST I PURPOSE I DEPT. I BUDGET I VENDOR Date Approved: September 26, 1995 Resolution submitted for Council action Motion made by: by: Seconded by: lir 0 M E M O R A N D U M � - - - 11 • - V s • • f Delincruent water & sewer ts for the month f • - Attached is a listing of the delinquent water and sewer accounts • for the month of Sept. Recommend service be discontinued on Monday, Oct 2nd, 1995 at Noon. r i U 7 � 1 • • 1- 265 -1200 -0402 Scott Thorson 4031 137th St W Rosemount MN 55068 -3350 485 Kouwe ST 187.85 1- 295 -0120 -0702 Gary Aanderude 120 Century Ave Hutchinson MN 55350 120 Century AVe 162.65 1- 395- 0316 -0003 Heather Clouse 316 Franklin St S Hutchinson MN 55350 316 Franklin St S 137.20 PROMISES 9 -28 -95 1- 395- 0505 -0105 Martin Garcia 505 Franklin St S Hutchinson MN 55350 505 Franklin St S 202.57 1- 395- 0565 -0806 Judy Kopesky Box 606 Hutchinson VfN 55350 565 Franklin St S 170.28 1- 415 -0045 -0408 Brian Jensen 45 Glen St N Hutchinson MN 55350 45 Glen St N 77.71 PROMISES 9 -29 -95 1420 -0726 -0304 Randy Stifle 726 Glen St S Hutchinson MN 55350 726 Glen St S 62.92 PROMISES 9 -29 -95 1-455- 0316 -0701 Gary Piehl 316 Grove St S Hutchinson MN 55350 316 Grove St S 123.03 PROMISES 10 -7 -95 1-455- 0725 -0202 Bev Kosek 725 Grove St S Hutchinson MN 55350 725 Grove St S 42.42 PROMISES 10 -6 -95 1-455- 0845 -0705 Doug Hickler 845 Grove St S Hutchinson MN 55350 845 Grove St S 142.01 1- 480 - 0136 -0405 Cory Telthoester 136 Hassan St S Hutchinson Mn 55350 136 Hassan St S 48.16 PROMISES 10 -2 -95 —i1 , 1 -480- 0545 -0901 1- 685- 0130 -0301 Darwin Maus M & D Properties • 545 Hassan St S 19625 Skyview Circle Hutchinson MN 55350 Hutchinson MN 55350 545 Hassan St S 130 Main St S 183.27 156.69 1 -570- 0015 -0102 1- 685- 0556 -0802 Lee and Mary A Cheney Judy Kopesky 15 Jefferson St S Box 606 Hutchinson MN 55350 Hutchinson MN 55350 15 Jefferson St S 556 Main St S 19.36 165.34 PROMISES 10 -4 -95 1- 680 0024 1- 685- 0725 -0401 1 -570- 00546 -0907 Pearl Westlund Penny Lieder 725 Main St S 546 Jefferson St S Hutchinson MN 55350 Hutchinson MN 55350 725 Main St S 546 Jefferson St S 36.11 169.99 PROMISES 9 -30 -95 PROMISES 9 -30 -95 1- 680 0024 1- 960 - 0126 -0508 • - -0702 Wanda Aydt Carlys Shoes 126 Washington Ave 24 Main St S N Hutchinson MN 55350 Hutchinson MN 55350 126 Washington Ave 24 Main St N 109.33 20.88 1- 685- 0126 -0901 M & D Properties 19625 Skyview Circle Hutchinson MN 55350 126 Main St S 47.75 • kl 1- 965- 0225 -0005 1- 685- 0111 -0603 David Freund Dominos Pizza 225 Washington Ave 111 Main St S Hutchinson MN 55350 Hutchinson MN 55350 225 Washington A, e 111 Main St S 253.17 67.17 1- 685- 0126 -0901 M & D Properties 19625 Skyview Circle Hutchinson MN 55350 126 Main St S 47.75 • kl �J�►J i I u u • :: � u DATE: September 21, 1995 TO: Huldinson City Council FROM: Hutchinson Planning .un .r •1 : rialkTwvii 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 August 28, 1995, Mr. Douglas Winn submitted an application for a conditional use permit to replace existing non - conforming garage with a 24' x 28' garage to be placed 3' from property line located at 506 Main St. S. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, September 19, 1995, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Lead on Thursday, September 7, 1995. 3. The proposal is in conformance with the requirements of a conditional use permit. RPCOMMEIMATION It is the recommendation of the Planning Commission that the Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to the staff recommendations regarding relocation of utilities at owner's expense and noting the garage "mean" height is to be no more than 16'. City Center Q111 Hassan Street SE uIchinzork MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission Parks do Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234.4240 - Prwed m recycled paper - Police Services 10 Franklin Street SW Hutcftwon, MN 55350 -2464 (612) 587.2242 Far(612)587 -6427 �r k •�i •1 a • p 1 �. �� -- I I. • •1� 1 .- i 1 : �hrL1 1 ;� ) • D ) • 34 e C YL a 1 AVENUE SIN • Of t• �w FOURTH AWFENUE SdWTHW AVENUE y 9 l t • u w • • r / 1 s t 2 ^' - 1 . -. Lf 1 •.lxi rr :. B.W • • JUCMRNS J JwmD I- - 1 •__ - - _ FIFTH y AVENUE SOUTHWEST 6 FIFTH AVENUE i Of • I7 3S a • a q • • J • > z • f 1 ) 1 11OAD • '\R I"• I —w•- I • • 1 • r 'r . .�I `1r 1 • I __ —__ d � c' � _..,••_ • _ -• JI' a .F !i, •l I +••��y._ rJ x • �lO - I V LL Q It t • II _ _ - • 4� ! / I / • t 1 1 f ] • 4 l0 1 to l° AVENUE " r • + • Tom. • / • t • f • 1 • t f �' 1 M 1 Y I� • • l 1 -• • / e 1 •' 7� 1 ) • r -_ 4_- , _ _ 1111 9 . 4 •.! r • • r ■ • r -- 1 ._ - YILWIWNF[ AVENUE , • ° 'r- •1 l.,b AVENUE :SIXTH AVENUE SLa_ T H �� ! • n ! IFy ! • 2 B ! W • ) y • • •Wy • ff •).. W! I`f „r_Wi a I I • 1 • CWq 1 • F I • F 1 •__ C• I 1 • YILL[II AVENUE ) � r • ry1l� 10 1 q I O 1 ro �1 ItlY • N AK: �■ 7-T, `Ip! • E ! 11• / / 1 • / • t • ! J •' f 1 �.•Q •' ) i • 1 77% AVE. SO. e S.Rd I n •i ! • • • ... LINOFN 1 AVENUE • '� i_ r _ _ Y 1 1 b 1• 9 y M IT AVENUE t ee 1 I If v !) n Is 22 L • yt • • R II __ � ) I•� _ I1 • r I y0 fe /•�� ••' LYNDALE AVE • e 1 1 .2 n II • �� `.. u 111 � ! • • if+� I r• �..J yR �° j p AVE NUE• s I • ! v I • • r Ii r`s SOUTHEAST t. I � � �. - -• e e 1 e • •Y ) I j • SWTHEAST f11 1 1 — � IT • ID i C e I• J ) � rSL 1 z` 17F 777 , • q C'�� IF '+- I i �J Ir�1 IIIrr It w " •)_JL II b • J p r q y 1 w s la r_ • To 3 �4 - 5 !7" J o _. 41: RESOLUTION NO. 10549 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO REPLACE EXISTING GARAGE WITH 24'X 28' GARAGE TO BE PLACED THREE FEET FROM PROPERTY LINE LOCATED AT 506 MAIN ST. S. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. Douglas Winn, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to replace existing garage with 24'x 28' garage to be placed 3' from property line located at 506 Main St. S. with the following legal description: LEGAL DESCRIPTION: Lot 1, Block 57, South Half of the City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use 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 on the findings set forth above subject to staff recommendations regarding relocation of utilities at owner's expense and noting the garage "mean" height is to be no more than 16'. Adopted by the City Council this 26th day of September , 1995. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 4-5 • • 0 t iii JJJ///_ DATE: September 21, 1995 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY KEITH L.ARSON TO MOVE A 16' X 24' GARAGE TO PROPERTY LOCAIED LOCATED AT 96 SELCHOW AVE 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 August 31, 1995, Mr. Keith Larson, 96 Selchow, submitted an application for a conditional use permit to move a 16'x 24' garage to property located at 96 Selchow Ave. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, September 19, 1995, at which time there was no one present objecting to the request. • FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, September 7, 1995. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to the staff recommendations to remove the existing shed which is presently located on the property. •City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission Parks do Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed m recycted paper - Police Services 10 Franklin Street SW #-F Hutchinson, MN 55350.2464 (612) 587.2242 Far(612)597 -6427 • � x R.. _ SELL CA' - - -� ... I z _ i C C e v - �t SS.F. w2C •C [ :moo tae - .• ,_c+ -'er.[a`S •oo.' ` {\ � r y AvENLE a �' x• ]_ •, q'fO - • -`�� y. / i s ' _ x� s -•�A_ xo {�f _, x. i xi - Dail • _ •x a A0.ND0.[L�"e/ y. ' 2 b 2 •CC a �'" - H H e ]]� H ^\ r ]f �'N 9 j � �•� rte- \ "JIA AVENUE - 9 C' .. - . .. ._ : • i SCw�19I15 S scwloreW:[e {' �- "'�I �-]• r • x L° i �' I n.,.ia:']`>,r, IMSTINTE Ella RY•! Si r -, x• e I NIT I �]JOIT,C. ppppEAATIVE I• a 'x ❑ ro I OEiOIORp S!POTFCMT �Ipl y j ✓I tO H It I V V y I. - .,a_ARD J'�E.NE SGL'tiEAST �' �-F — C f/ J i 1, "'/ V — CERTIFICATE OF SURVEY FOR KEITH LARSON LOT 5, BLOCK 4 SELCHOW - JORGENSON v�NVE N•s SELG ql 0 36,4 R` _e d SUBDIVISION Ich sin i 0 e I scwul I' • so • Denotes Iron monument found O Denotes Iron monument set e�n•E W111,i Ed � 7nwn= S • o 107. 0 1 hereby certify that this Survey, Plan or Report was prepared by me or under my direct supervision and that 1 am a duly licensed Land Surveyor under the laws of 'the State of Mlnnuoto. Req. No. %Z4, Date• i BK P -173 LLINEN LAND SURVEYING, A DIVISION OF COMSTOCK 8 DAVIS. INC. JOB 111833683 PG 38 —F f I CERTIFICATE OF SURVEY KEITH LARSON LOT 5, BLOCK 4 SELCHOW- JORGENSON SUBDIVISION 33ro at 3 R' .5 4 N 55. � S LT' Z J sat •O• O Al 4 aat•ll In \\ 11•f FOR N e , srxs� r . a Denotes Iron monument found O Denotes Iron monunwnt sot 9 0 1 I Q' PRO POSEd V G��a UIMIY rgsem., 107.0 - I hereby certify that this Survey. Plan or Report was prepared by me or under my direct supervision and that.1 am a duly licensed Land Surveyor under the I,aws of the States- of Minnesota. 4?7 Req. No. ?4-J�Iv, Dater, :LIMN LAND SURVEYING. A nitrta'tnr r &.,..eT,ti-........._ ...— BI( P -17'3 0 �/—F aid t'. I..., . . RESOLUTION NO. 10550 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO, 464 TO MOVE A 16X 24' GARAGE TO PROPERTY LOCATED AT 96 SELCHOW AVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: 121931W 1. Mr. Keith Larson, 96 Selchow, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to move a 16'x 24' garage to property located at 96 Selchow Ave. with the following legal description: LEGAL DESCRIPTION: Lot 5, Block 4, Jorgenson Subdivision 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 on the findings set forth above subject to staff recommendations to move the existing shed which is presently located on the property. Adopted by the City Council this 26th day of September, 1995. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 0 TO: Hutchinson CU Council )ATE: September 21, 1995 SUBJECT: CONSIDERATION OF ANNEXATION OF 11,32 ACRES LOCATED IN QQEBEL FIXTURE COMPANY Pursuant to Section 414.033, Subd. 2 (3) , of Minnesota Statues, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for annexation. HISTORY -- On August 15, 1995, Mr. Virgil Goebel, Goebel Fixture Company, submitted a request fcr annexation of 11.32 acres located in Section 5, Hassan Valley Township. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, September 19, 1995, at which time there were no property owners present objecting to the request. FINDINGS OF FA .T 1. The required application was submitted and the appropriate fee paid. 2. Nofices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, September 7, 1995. 3. The proposal is in conformance with the requirements for annexation. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for annexation be granted as set forth above. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (612) 587 -2975 Fax (612) 2344240 - Primed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 % (612) 587 -2242 Fax (612) 587.6427 .e I • 1 I -- — I • 1 err ,• .• s n � n u �.`� ,� ♦\�• 1� ND SEfA .VEIq,( SE .. — TFIIAL J• i 1 1 1 N �1 Y� \. � .A•L7 �•'S yL W 1 l 1 N • • 1 i • fa. 1 I :. la 9 . .. I 1. • I ,_ ff • .• �M1 L -'ewe - �- — -- -- - - I 1 I MY1l YAM LOY IMyf1NLL • � 1• ! ! 1 j .e +♦ •Nagt[• 111E U.11lll I Y a• in • ! f = li IF �\ •L•M• • ♦ I I wul(.� fee i• •� -• -� • 1 �\ t Louf .uL oul .cl 1 r I r • l ] 1 ♦ 1 ` \\ �! f l J� � S! u.0 � •w w w. _ FIFTH AVENUE S.E. I r • �\ 1 ARE PROM ANNEM I -0N f rLlw Lewn nl• 1JJJ 1 11 1 M•OC11lle• I- _ °���� w -� w • l I � L � • n F u W a - - I -- — I • 1 err ,• .• s n � n u �.`� ,� ♦\�• 1� ND SEfA .VEIq,( SE .. — TFIIAL J• i 1 1 1 N �1 Y� \. � .A•L7 �•'S yL W 1 l 1 N • • 1 i • fa. 1 I :. la 9 . .. I 1. • I ,_ ff • .• �M1 L -'ewe - �- — -- -- - - I 1 I MY1l YAM LOY IMyf1NLL • � 1• ! ! 1 j .e +♦ •Nagt[• 111E U.11lll I Y a• in • ! f = li IF �\ •L•M• • ♦ I I wul(.� fee i• •� -• -� • 1 �\ t Louf .uL oul .cl 1 r I r • l ] 1 ♦ 1 ` \\ �! f l J� � S! u.0 � •w w w. _ FIFTH AVENUE S.E. I r • �\ 1 ARE PROM ANNEM I -0N f rLlw Lewn nl• 1JJJ 1 11 1 M•OC11lle• I- _ °���� w -� w • l I � L � • ORDINANCE NO. 95160 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OV.'NED BY GOEBEL FIXTURE COMPANY AND ABUTTING THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(3) WHEREAS, Goebel Fixture Company has filed a petition dated August 15, 1995, requesting that certain land. as legally described below: Lots 9, 10, 11, 12, 13 and 15 of the Auditors Plat of the West Half of Section 5, Township 116 North, Range 29 West, excepting the following described parcel: That part of Lots 11, 12. 13 and 15 of the Auditor's Plat of the West Half of Section 5, Township 116 North, Range 29 West, described as follows: Commencing at the northeast corner of said Lot 13; thence North 89 degrees 31 minutes 26 seconds West. assumed bearing, along the north line of said Lot 13 a distance of 383.40 feet to the point of beginning of the land to be described; thence South 0 degrees 13 minutes 45 seconds East, to the south line of said Lot 15; thence westerly, along said south line. a distance of 404.67 feet; thence North 0 degrees 13 minutes 45 seconds West, to the north line of said Lot 11; thence easterly, along the north line of said Lot 11 and along the north line of said Lot 13, to the point of beginning. be annexed to the City of Hutchinson, and WHEREAS, Goebel Fixture Company represents that they are the sole owners of the property, that the property is unincorporated, abuts the limits of the City of Hutchinson, is not included within any other municipality, is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statutes 414.0325, that the area is not presently served by public sewer facilities or public sewer facilities are not otherwise available, and is approximately 11.32 acres in size. NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain: SECTION 1. The City Council hereby determines and finds that the property abuts the municipality, that the area to be annexed is 60 acres or less, that the property is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statutes 414.0325, that the area is not presently served by public sewer facilities or public sewer facilities are not otherwise available, that the municipality has received a properly prepared Petition for Annexation from all of the owners of the property, and that the Petition complies with all of the provisions of Minnesota Statutes 414.033. SECTION 2. The property is urban in nature or about to become so SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 4. The City Administrator is directed to file certified copies of this ordinance with the Minnesota Municipal Board, Hassan Valley Township, the McLeod County Auditor, and the Minnesota Secretary of State. SECTION 5. This ordinance takes effect upon its passage and publication and the filing of the certified copies as directed. in Section 4 and approval of the Ordinance by the Minnesota Municipal Board. Adopted this day of ATTEST: Gary D. Plotz, City Administrator , 1995. Marlin Torgerson, Mayo C TO: Hutchinson ATE: September 21, 1995 nson City nnnr�l SUBJECT: CONSIDERATION TO gFzONTF " AR ANN YATI NS" AND NORTHV 1E1� COURT FROM 9-1 TO R -) R- -4 AND R -5 Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On August 31, 1995, City Staff, submitted a request to rezone new 1% annexed '-gap property" And Northview Court (Acoma Annexation) from R -1 (Single Family Residence District) to R -2 (Medium Density Residence District), R -3 (Medium - High Density Residential District), C- 4 (Fringe Commercial District) and R -5 (Mobile Home Park). A hearing was held at a regular meeting of the Planning Commission on Tuesday, September 19, 1995, there were no neighboring property owners objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, September 7, 1995. 3. It was the consensus of the Planning Commission that the request be approved. RECOMMENDATION It is the recortmendation of the Pianning Commission that the aforementioned request to rezone be approved base on the findings set forth above . City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (611) 587 -5151 Far(612)234 -4240 Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4140 - Prinfed o recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (611) 587 -2242 `T Fax (612) 587 -6427 MEMORANDUM TO: Public Hearing Notice Recipients FROM: Hutchinson Planning Staff DATE: September 6. 1995 RE: Rezoning of Recently Annexed Properties Enclosed is a public hearing notice for the proposed rezoning of se,eral properties. The rezoning of the parcels is directly related to the recent annexation of these former "gaps" in the City boundary. A public hearing for the annexations, for which you were also sent a notice, was held by the Planning Commission in July. The annexations were initiated by the City upon notification from the Minnesota Municipal Board that these small areas, already thought to be located inside the City and zoned according to the City zoning map, had not been annexed. When property is annexed to the City, it is automatically zoned R -1 Single Family Residence District Because of the annexations and zoning change to the R -1 District, it is now necessary and proposed to rezone the properties back to the appropriate district, in which they were contained, prior to the recent annexations. If you have any questions regarding this matter, feel free to contact the Planning Staff at City Center by calling 2344203. Enc. cc: Planning Commission Ciry Center I II Hassan Street SE Hutchinson. M,V 55350 -2522 (612) 587 -5151 Fax (612) 234.4240 Parks & Recreation 900 Harrington Street SW Hutchinson. N 55350 -3097 (6121587 -2975 Far (612) 234 -1240 Police Sen ices 10 Franklin Street Sit' / Hutchinson. MN 55350 -2164 (612) 587.2242 Far (612) 587 -6127 n� } • r � �Y10' .•�•�f �.r /je +opl CAROLI yC Y •YEM X �. v • 1 � V AMA, A I 1 y 4 i I I r MET�� M �� E 14. ♦ W 1 � 1 �x 11 ♦ 1 - 5 , sy r Il REZC,y, R -1 t -2 O�yS R -3 ' —RE, ZONE R -1 to R -3 r� (C) to C - I (E) �r i }� 1 Co \\ .415 R -1 Rezone R-1 To R-2 MEMORANDUM TO: Public Hearing Notice Recipients FROJI: Hutchinson Planning Staff DATE: September 6, 1995 RE: Rezoning of Recently Annexed Properties Enclosed is a public hearing notice for the proposed rezoning of property that was included in the orderly annexation of property located in Acoma Township that occurred earlier this year. The property being considered for rezoning is described as follows: The north 515 feet of the NE' /. of the NE' /., except the west 236.07 feet and except the east 435 feet, Section 36, Township 117 North, Range 30 West. When property is annexed to the City, it is automatically zoned R -1 Single Family Residence District. Because this property contains a mobile home park, it is being considered for the rezoning to R -5 Mobile Home Park. If you have any questions regarding this matter, feel free to contact the Planning Staff at City Center by calling 234 -4203. Enc. cc: Planning Commission Cin- Center 111 Hassan Street SE Hatchinson. ALV 55350 -2522 t612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hwchinson..11,V 55350 -3097 (612) 587.2975 Far (612) 234 -4240 r' Police Sen ices 10 Franklin Street SW Hutchinson. Aff 55350 -'46- 1 (612) 587 -2242 Far (616) 587 -6427 Iol:i►V/ C_1 ,I REZONE R -1 TO R -5 0 7 'y r MEMORANDUM DATE: September 21, 1995 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT SUBMITTED BY PATRICIA LINDSAY TO BE KNOWN AS "A AND J SUBDIVISION" LOCATED IN SECTION 26 ACOMA TOWNSHIP (2 MILE RADIUS) The Planning Commission recommends approval of the request with no objection. E Cin Center 11 l Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Pnmed on rencled paper Police Services 10 Franklin Street SW Hutchinson, AIN 55350- 2464 ��, (612) 587 -2242 — �, Fax(612)587 -6427 0 A AND J LINI SAY ue. +n, u ��i.�. X90•MI'00 E - -Goo Sa_____ —._ ._ —. 210 TH STREET TOWNSHIP ROAD __ - wP•uo o�T -. uu. _ ^ I Lu r _ — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I d I SUBDIVISION I II of 1 I LOT ONE 1 \` I \ I BLOCK p NE • 1 1 Jws \ I THE HONIU PINE Of THE NL it BEER IED A BEAKING l M90.00 001 SCALE ONi INCH • I00 FELT k At WITH - - I ryUM NON LWf NT IW'I AI! iN FLS NO" .INlly MAI' SEC '!� I PP 1M. HJbv ,gCil Nr Mf.11l'li I.IIPINI �, NINN 51NFfT I SuF INSTILIIMFNT OF DEDNIATNIN KNOW ALL MEN BY THESE PKESEHTS. 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C MEMORANDUM DATE: September 21, 1995 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY RICHARD HAUSLADEN, B & B SPORTS, FOR REDUCTION OF SIDEYARD SETBACK FROM 30' TO 23' LOCATED IN SECTION 30, HUTCHINSON TWP. SThe Planning Commission recommends approval of the request with no objection. City Center 1l1 Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 _ ✓� Fa z (612) 587 -6427 Z .I o 7 IA r /3.!2..._ I i J v �-•-• 40.00 p O I O i O a n 1 � 2 n t 3� f k to a I ro N it r Ca a .o• : a .: W O it C 40 FriO 40 1 b Orn. I 1. WJ'iirr R:?n! 'f ' Sjv L:ne� °vr ' /8' /.3-W a`rf / /,C (' h� A'-S VI !in• oI .S /Q. SC�M! R ?9 w✓ STATE HIGHWAY ND. 15 - - rrv6f9e fin- c VI o n� n m M t- r') a � Z • 4 c NG' 4G'GO ^� a Z .I o 7 IA r /3.!2..._ I i J v �-•-• 40.00 p O I O i O a n 1 � 2 n t 3� f k to a I ro N it r Ca a .o• : a .: W O it C 40 FriO 40 1 b Orn. I 1. WJ'iirr R:?n! 'f ' Sjv L:ne� °vr ' /8' /.3-W a`rf / /,C (' h� A'-S VI !in• oI .S /Q. SC�M! R ?9 w✓ STATE HIGHWAY ND. 15 - - rrv6f9e fin- • C MEMORANDUM DATE: September 21, 1995 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY KEVIN COMPTON, LITTLE CROW SHOOTING SPORTS, TO REDUCE SETBACK FOR 8'X 10' ON- PREMISE SIGN LOCATED IN SECTION 30, HUTCHINSON TWP. The Planning Commission recommends approval of the request with no objection. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Far (612) 234 -4140 Pants & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234-4240 - Primed m regcled paper - Police Services 10 Franklin Street SW J Hutchinson, MN 55350 -2464 (612) 587 -2242 Far(612)587 -6427 Silcke0b Countp 830 1 1 t Street East Glencoe, Minnesota 55036 :21 relephone (612) 864 -5551 COVER SHEET To:fl� �,1►Y, FAX;- yawn From: 2, '-�A3hoG FAX 1: 612- 864 -3410 ! I Pages Including Cover: t,,Z NOTES: 64tt Cam. Z��� c.c� ►t� [JJ Z e ,6e—, S ' Jolt k 10' i s c 6� C t g� 9 B i 0 L R BUILDING LOCATION COMPTON- SIMRSrNDM I 40 I LOT E, BLOCK I, 1 • ,r.oiwf� emlarya DAVID LEE ACRES - ]f I Am • T7311 NMwn t", ^iI � snsrex cos fla fYSaa :r'I •Dora Mbpwm KMLolm! 1 1 ^ J i 51, 1 I � I � 1 I ff 61 e n R \ t9 - - xILOI- Kotr �� fo No n 13-f 1 � LGl I _ •NQ`f�n 4M Herbert ; Drive Y` I f X S e- �N W) 0 Z P° !r L Q d O J MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 19, 1995 FOR YOUR INFORMATION 1. CALL TO ORDER 5:35 P.M. • The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Glenn Matejka, Bill Arndt, Bill Craig and Chairman Wood. Members absent: Roger Gilmer, Craig Lenz and Clint Gruett Also Present: Building Official Jim Marka, Planning Coordinator Brenda Ewing and City Attorney G. Barry Anderson. Mr. Matejka made a motion to approve the minutes dated August 15, 1995, seconded by Mr. Amdt the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUGLAS WINN, 506 MAIN STREET SOUTH, TO REPLACE EXISTING GARAGE WITH 24' X 28' GARAGE TO BE LOCATED THREE FEET FROM PROPERTY LINE Chairman Wood opened the hearing at 5:36 p.m. with the reading of publication #4861 as published in the Hutchinson Leader on Thursday, September 7, 1995. The request is for the purpose of considering a conditional use permit requested by Mr. Douglas Winn to replace existing garage with 24' x 28' garage to be located three feet from the property line located at 506 Main St. S. Building Official Jim Marka commented on the request to replace the existing garage. Mr. Arndt moved to close the hearing, seconded by Mr. Craig the hearing closed at 5:37 p.m. • Mr. Craig made a motion to recommend approval of the request subject to staff recommendations regarding relocation of utilities at owner's expense and noting the garage "mean" height is to be no more than 16'. Seconded by Mr. Arndt the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY KEITH LARSON TO MOVE A 16'X 24' GARAGE TO PROPERTY LOCATED AT 96 SELCHOW AVE. Chairman Wood opened the hearing at 5:38 p.m. with the reading of publication #4862 as published in the Hutchinson Leader on Thursday, September 7, 1995- The request is for the purpose of considering a conditional use permit requested by Mr. Keith Larson to move a 16' x 24' garage to property located at 96 Selchow Ave. Mr. Marka commented on the request as a replacement for an existing utility shed. He stated there is room for access to the garage. Mr. Craig made a motion to close the hearing, seconded by Mr. Matejka the hearing closed at 5:40 p.m. Mr. Craig made a motion to recommend approval of the request contingent on the removal of the existing shed. Seconded by Mr. Matejka the motion carried unanimously. C) CONSIDERATION OF ANNEXATION OF 11.32 ACRES LOCATED IN SECTION 5, HASSAN VALLEY TOWNSHIP SUBMITTED BY VIRGIL GOEBEL, GOEBEL FIXTURE COMPANY Chairman Wood opened the hearing at 5:41 p.m. with the reading of publication #4864 as • published in the Hutchinson Leader on Thursday, September 7, 1995. The request is for the purpose of considering annexation of 11.32 acres located in Section 5, Hassan Valley Township submitted by Mr. Virgil Goebel, Goebel Fixture Company. Hutchinson Planning Commission Minutes September 19, 1995 Planning Coordinator Brenda Ewing explained the purpose of the annexation in conjunction with the 5th Ave. Bridge property and to square off the city limits line. • Discussion followed on the deferred assessments and Goebel's plans for developing the property. Mr. Matejka made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 5:47 p.m. Mr. Matejka made a motion to recommend approval of the annexation. Seconded by Mr. Craig the motion carried unanimously. d) CONSIDERATION TO REZONE "GAP ANNEXATIONS "AND NORTHVIEW COURT FROM R -1 (Single Family Residence District) TO R -2 (Medium Density Residence District), R -3 (Medium -High Density Residence District), C-4 (Fringe Commercial District) and R -5 (Mobile Home Park) Chairman Wood opened the hearing at 5:48 p.m. with the reading of publication #4863 as published in the Hutchinson Leader on Thursday. September 7, 1995. The request is for the purpose of considering the rezoning of the newly annexed "gap" properties and Northview Court (Acoma annexation). Ms. Ewing explained the request to rezone the "gap" properties which came into the city as R -1 and are to go to the proper zones as they have been previously. The mobile home park was also annexed into the city as R -1 when in actuality it is to be R -5. Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 5:49 p.m. Mr. Craig made a motion to recommend approval of the request Seconded by Mr. Arndt the motion carried unanimously. • OLD BUSINESS NONE 5. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT SUBMITTED BY PATRICIA LINDSAY TO BE KNOWN AS "A AND J LINDSAY SUBDIVISION" LOCATED IN SECTION 26 ACOMA TOWNSHIP (2 MILE RADIUS) Planning Coordinator Ewing commented on the proposal and explained the plat has been approved by the County. She stated the city must sign the final plat thus the planning commission and city council must take official action. Mr. Craig made a motion to recommend approval of the request, seconded by Mr. Matejka the motion carried unanimously. b) DISCUSSION OF CONCEPTUAL SKETCH PLAN OF HUSKI TOWNHOUSES SUBMITTED BY LEO SANDS AND TERRY LEE SWEDINSKI Building Official Jim Marka commented on the history of the request and the application for tax credits. Mr. Kevin Kohorst, Sand Properties, explained the request as conceptual and stated the need to begin the site grading process immediately. Mr. Marka commented on the conceptual • sketch and stated the developers would begin grading and soil corrections at their own risk upon consensus of the planning commission. He commented on the staff recommendations and the pre -job meeting results. Pa Hutchinson Planning Commission Minutes September 19, 1995 Mr. Marka stated the road will be constructed privately and not a public roadway. Mr. Kohorst • explained the road construction is to benefit the developer for future development. Mr. Kohorst commented on the proposed development as 32 three bedroom units and presented overheads of the units. He also commented on possible future development to the north. He voiced concern with looping the water lines and suggested possible changes to the utility plan. Mr. Matejka moved to recommend approval for developers to proceed with the site grading and soil corrections an their own risk with no promises for tax credits or implied approval of the plat or conditional use permit. Seconded by Mr. Arndt the motion carried unanimously. C) DISCUSSION OF EXPANSION TO KIDS INC., 897 HWY. 15 S., REQUESTED BY RANDY AND MARY ANDERSON The item was withdrawn. Mr. Marka stated the request to use the basement for day care also. d) CONSIDERATION OF VARIANCE REQUESTED BY RICHARD HAUSLADEN, B 8 B SPORTS, FOR REDUCTION OF SIDEYARD SETBACK FROM 30' TO 23' LOCATED IN SECTION 30, HUTCHINSON TWP. Planning Coordinator Brenda Ewing commented on the variance within the 2 mile radius in the urban boundary district. She stated the request is for a sideyard setback reduction of 7' for the purpose of constructing a showroom area. Mr. Craig moved favorable recommendation of the request, seconded by Mr. Arndt the • motion carried unanimously. e) CONSIDERATION OF VARIANCE REQUESTED BY KEVIN COMPTON, LITTLE CROW SHOOTING SPORTS, TO REDUCE SETBACK FOR A 8' X10' ON- PREMISE SIGN LOCATED IN SECTION 30, HUTCHINSON TWP. Ms. Ewing stated this is an on- premise sign which requires a variance to reduce both the setback from the centerline of Hwy. 15 and the intersection of Hwy 15 and Circle St. Mr. Craig made a motion of favorable recommendation of the request, seconded by Mr. Matejka the motion carried unanimously. a) DISCUSSION OF FENCE TO BE LOCATED AT 345 HASSAN STREET S.E. The item was withdrawn. Mr. Marka explained the request for a 48' picket fence and discussion followed on the clarification of the Zoning Ordinance regarding fences. b) H.C.D.C. correspondence to Hutch Iron and Metal C) Boat House Issue - Mr. Marka stated this issue has been settled. d) School Road Extension - Staff met with property owners for information meeting. e) Word of Life recap - Jim Marka commented on the requirements for schools and will set up is a meeting with Word of Life representatives and staff to establish recommendations. 7. ADJOURNMENT The meeting adjourned at 7:00 p.m. 191 PUBLISHED IN THE HUTCHINSON LEADER • Thursday, September 14, 1995 PUBLICATION NO. 4867 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that a public hearing will be held on Tuesday, September 26. 1995 • at the hour of 6:00 P.M. in the Council Chamber of City Center for the purpose of: reviewing the Adams Street Neighborhood Small Cities Development Program Grant application. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. 171FINT M., • September 12, 1995 Dated PROPOSED SMALL CITIES GRANT APPLICATION • SYNOPSIS L The SCDP Grant Application must meet the Federal Objecti\ e of addressing the needs of low- moderate income people. Specifically, a household's gross income adjusted for family size must fall within the moderate income category of Section 8 Income limits. See attached income limits. Therefore, results of the local Community Development Survey must demonstrate that the project will meet this Federal Objective. II. Selection and Map of Target Area The Boundaries are Adams Street, First Ave SE, Fair Ave SE and the Railroad tracks. The project area consists of 168 residential structures of which 141 are single family homeowner structures, 22 single family rental units and 5 duplex rental units. The Hra initially actively pursued the inclusion of rental rehabilitation in its SCDP; however in meeting with the landlords and follow up, the result was three to four rental units that could possibly be rehabilitated with SCDP funds. In view of this low impact the HRA decided to pursue a SCDP application consisting solely of homeowner • rehabilitation. To summarize, the target area was chosen because it is an old area of the city with a significant number of substandard houses occupied by LMI households who showed an overwhelming interest in the opportunity to rehabilitate their homes. (Supported by Community Development Survey Forms distributed to residents on a one -to one basis in June and July; exterior windshield inspection of homes in the project area, interior inspections and work write -ups of homes characteristic of the project area and affordability analysis of three families in the project area.) Additional Supporting Documentation: • The target area contains a concentration of old and substandard housing with safety hazards needing to be addressed ,e.g. old furnaces, knob and tube electrical wiring, insufficient outlets, unvented plumbing etc. Mark Hensen, City Building Inspector and Casey Stotts, City Fire Marshall both wrote letters in support of the application to address the health and safety deficiencies commonly prevalent in the project area. In addition, Lorene Appraisals, Inc wrote a letter placing the PREDOMINATE AGE of homes • in the project area as being in the 80 -95 year old range and detailed 1 various deficiencies and health hazards inherent throughout the project area. • A letter from John Rodeberg, Director of EngineeringiPublic Works • details past and projected significant public improvements into the project area as part of the grant application. By the year 2000, over $3,000,000 will be provided into the area in infrastructure, utility work and SCDP assistance certainly having a major impact on the area. • Inspections and work write -ups were completed with an estimated average rehabilitation cost per home of $16,536, well within the general rehab guideline that rehabilitation costs generally should not exceed 50% of market value. (Based upon assessor's information, a typical market value is $52,000 and 50% of the market value would be $26,000). • In the target area, the survey results showed that 93 households out of 128 households who responded to the income question were LMI and strictly from a homeowner perspective, 73.6% ( 83 out of 114) were LMI. With 82 homeowner structures determined by the windshield survey to be substandard, but suitable for rehabilitation and applying a factor of 73.6% it can be assumed that there are about 60 LMI homeowner households occupying substandard structures in the project area. The survey also showed 63 homeowners stating they were interested in rehab with another 23 saying "maybe ". • • In the rising real estate market of Hutchinson, the financial burden of downpayments and monthly payments makes initial home ownership difficult and when purchased, upgrading them is very difficult for LMI households. The limited housing available together with the present high costs of constructing a new home (e.g. a modest Farmers Home Administration house has risen to $85,000) has forced families to purchase homes that are older and often in need of rehabilitation. Therefore, the City of Hutchinson, through this application, is doing everything possible to preserve existing housing stock and assist families in the project area with the rehabilitation of their homes. • Affordability Analysis and Local Lender Participation Interviews were held with a cross section representation of LMI households occupying substandard homes in the area. As a result, funding levels for the project have been designed to allow for fmancial affordability to the households of the project area for upgrading their properties while allowing for SCDP funds to be used to the maximum extent practical for program participation as follows: 0 VERY LOW INCOME -50% of median of McLeod County, adjusted • according to household size. Deferred Loan - Repayment Period of 10 years LOW INCOME -50 -65 % of McLeod County median, adjusted according to household size. 80% Deferred Loan - Repayment period of 10 years. 20% private match - five -year loan. MODERATE INCOME -65 -80 % of McLeod County median income, adjusted to household size. 70% Deferred Loan - Repayment period of 10 years. 30% Private Match -five -year loan. Letters of intent by local lenders to provide financing for owner matches have been received from First Federal, Citizens Bank & Trust, Marquette Bank and First Bank of Minnesota and are part of the application. In addition, First Federal will be submitting an Affordable Housing Program grant application to the Federal Home Loan Bank of Des Moines in an attempt to leverage additional funds for the Adams Street Neighborhood Project. First Federal is requesting a $82,680 grant to rehabilitate five homes in the area and if funded, would be provided to the HRA/City for administration with the same policies and guidelines as the SCDP. Awards will be announced on of about December 20, 1995. Other funding sources that may be used in conjunction with the SCDP funds are • FMHA 504 Program • Heartland CAP • MHFA Deferred Loan Program (administered for McLeod County by the Hutchinson HRA) E SCDP GRANT FUNDS REQUESTED FROM DTED REHAB CONSTRUCTION 5512,616 PROJECT ADMINISTRATION 56,000 GENERAL ADMINISTRATION 25,000 TOTAL SCDP 593,616 0 0 0 0 0 0 7 MD AVE AVE AVE 3 N 5 HAVE L m p /E I N I Z T AIF Im I O � 1ST AVE SE I 2ND AVE SE r-I 3RD AVE SE 4TH AVE SE ST � AVE $E F m m z Z 0 o r N I x i I AVE FAIR AVE O 0 O 'sr N H 2ND AVE SE I n 0 0 � s H � R IRCHSf ARCH ST ARCH ST ARCH ST Adariis Street Neighborho4id I I it 0 .090 .18 .27 Miles ST STATE: MINNESOTA PREPARED: 12-10-94 C 0 M E PROGRAM COUNTY r Lake of the WOOd9 County FY 1995 MEDIAN FAMILY VERY LOW-INCOME INCOME: 34100 LOW-INCOME COUNTY Le Sueur County 11950 FY 1995 MEDIAN FAMILY VERY LOW - INCOME INCOME: 38900 LOW-INCOME COUNTY Lincoln County 21800 FY 1995 MEDIAN FAMILY VERY LOW - INCOME INCOME: 28800 LOW - INCOME COUNTY Lyon County 16950 FY 1995 MEDIAN FAMILY VERY LOW- INCOME INCOME: 35500 LOW - INCOME COUNTY McLeod County 30150 FY 1995 MEDIAN FAMILY 3 VERY LOW-INCOME INCOME: 42600 .MOW- INCOME COUNTY Mahn en County 18400 FY 1995 MEDIAN FAMILY VERY LOW- INCOME INCOME: 23500 LOW - INCOME COUNTY Marshall County 31650 FY 1995 MEDIAN FAMILY VERY LOW - INCOME INCOME: 31000 LOW-INCOME COUNTY Martin County 21700 FY 1995 MEDIAN FAMILY VERY LOW - INCOME INCOME: 34600 LOW - INCOME COUNTY Meeker County 36950 FY 1995 MEDIAN FAMILY VERY LOW-INCOME INCOME: 35000 LOW - INCOME COUNTY Mille Lacs County 23600 FY 1995 MEDIAN FAMILY VERY LOW- INCOME INCOME: 32200 LOW - INCOME COUNTY - Morrison County FY 1995 MEDIAN FAMILY VERY LOW- INCOME INCOME: 30800 LOW - INCOME COUNTY Mower County 22500 FY 1995 MEDIAN FAMILY VERY LOW-INCOME INCOME: 35500 LOW - INCOME 0 s ----------------------- ­1 N C 0 M E L I M I T S-------------------------- 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 11950 13650 15350 17050 18400 19800 21150 22500 19100 21800 24550 27300 29450 31650 33850 36000 13200 t5100 16950 18850 20350 21850 23350 24900 21100 24150 27150 30150 32550 35000 37400 39800 11950 13650 15350 17050 18400 19800 21150 22500 19100 21800 24550 27300 29450 31650 33850 36000 12250 14000 15750 17500 18900 20300 21700 23100 19600 22400 25200 28000 30250 32500 34700 36950 14750 16850 18950 21050 -22750 24400 26100 27800 23600 26950 30300 33700 _ 36350- 39050 41750 44450 11950 13650 15350 17050 t8400 19800 21150 22500 19100 21800 24550 27300 29450 31650 33850 36000 11950 13650 15350 17050 18400 19800 21150 22500 19100 21800 24550 27300 29450 31650 33850 36000 11950 13650 15350 17050 18400 19800 21150 22500 19t00 21800 24550 27300 29450 31650 33850 36000 12200 13900 15650 17400 18800 20200 21000 22950 19500 22250 25050 27850 30050 32300 34500 36750 11950 13650 15350 17050 t8400 19800 21150 22500 19100 21800 24550 27300 29450 31650 33850 36000 11950 13650 15350 17050 18400 19800 21150 22500 19100 21800 24550 27300 29450 31650 33850 36aX1 12200 13950 15700 17450 18850 20250 21650 23050 19550 22350 25150 27900 30150 32400 34600 36850 PUBLICATION NO. 4865 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 311 • LETTING NO.2 PROJECT NO. 96-02 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 P.M. on the 26th day of September, 1995, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of 5th Avenue NE (formerly known as Arch Street) from 1000' East of Michigan Street to the Railroad Tracks by construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous base and wear course and appurtenances. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1995. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment rem +gig unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10 (+ or-) percent per year. The right to partially prepay the assessment shall be until October 1st, 1995. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $75,687.72. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. PUBLICATION NO. PAGE 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. P tz, Ci dministrator City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, SEPTEMBER 12, 1995 AND TUESDAY, SEPTEMBER 19, 1995. 0 CITY OF HUICHINSON MN - ASSESSMENT ROLL NO. 311 LE77Q4G NO, 2/PROJECT NO. %-02 STORM SEWER COST/UNR 5TH AVENUE NE (FORMERLY ARCH ST) FROM 1000' EAST OF MICHIGAN ST TO KR TRACKS STREET COST/UN T _ BY CONSTRUCTION OF STORM SEWER, GRADING, GRAVEL BASE, CONCRETE CURB & GUTTE INTEREST RATE- BrrUMINOUS BASE & WEAR COURSE AND APPURTENANCES NUMBER OF YEARS RUN: PAGE I OF 1 COMMED EYt G RICE $2,720. COMPUTED BY: C. RICE $10,801.12_ CHECKED BY: 1. RODEBERG ADOPTED 10 ! ACCOUNT NO. CITY PID NO. NAME & ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDMON OR SUBDIVISION STORM SEWER ASSESSMENT STREET CONST. ASSESSMENT TOTAL ASSESSMENT COUNTY PID NO. 01 05.116.29.6-20 CIPY OF HUTCH SON ICI 976 ROLLING GREENS LANE NW LOT 7 BLK 1 HUTCHINSON BJDUSlRIAL DM RIGT 23.259.0020 HUTCHINSON MN 55350 1055 ARCH STREET $2,720.25 $10,801.12 f 13 521.37 02 05-116.29 -6.30 CITY OF HUTCH INSON 976 ROLLING GREENS LANE NW LOT 6 BLK 1, HUTCHWSON INDUSTRIAL DLSTRICT 23259.0080 HUTCH NSON MN 55350 1065 ARCH STREET $2,720.25 $10,801.12 $13,521.3 03 05-11&29-6-40 CRY OF HUTCHINSON 976 ROLLING GREENS LANE NW LOT 9 BLK 1 HUTCHINSON INDUSTRIAL DISIRICf 23259.0090 HUTCHINSON MN 55350 1075 ARCH STREET $2,720.25 $10,801.12 S13,521.37 04 05.116- 29-06-0070 FARMERS ELEVATOR ASSN. P O BOX 156 8.77 AC OF LOT 14. AUD. PLAT W 1/2 SECTION 511679 _ 23254.0030 HUTCKNSON MN 55350 1200 ARCH STREET $2,720.25 $32 403.36 131121 1 i TOTAL ASSESSMENT ROLL NO. 311 $10,881.001 $64,906.72 5-75 687.72 400 FARMERS ELEVATOR ASSOCIATION P. O. Box 158 Phone 612 - 5874647 HUTCHINSON, MINNESOTA 55350 September 20, 1995 John Rodeberg, P.E. Director of Engineering /Public Abrks City of Hutchinson Hutchinson, MN 55350 Re: Assessment Roll No. 311 Dear Mr. Rodeberg 6 Members of the City Council: This letter is to inform the City of Hutchinson that the Farmers Elevator Association of Hutchinson is in protest of the cost of the street improvements and storm sewer assessments. The reasons are that the extra expense does put a financial burden on the Co-op. Die are in a very competitive business with the neighboring towns. With our already high tax base plus the extra expense of assessments, it makes it impossible to stay competitive. The Elevator already has adequate access to our facility and storm sewer drainage. We cannot see any way that the project that is being done will benefit the Co-op. Sincerely, Farmers Elevator Association Jz % tl�� Lloyd A. Block General Manager � J� PJ RESOLUTION NO. 10551 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 311 LETTING NO.2 /PROJECT NO. 96-02 WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of 5th Avenue SE (formerly Arch Street) from 1000' East of Michigan Street to the Railroad Tracks by construction of Storm Sewer, Grading, Gravel Base, Concrete Curb and Gutter, Bituminous Base and Wear Course, and Appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of —percent per annum as set down by the adoption of this assessment resolution. To the fast installment shall be added interest on the entire assessment from October 1, 1995, until the 31st day of December, 1996. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid by the 31st day of October, 1995; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, 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 neat succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 26th day of September, 1995. Mayor City Administrator RESOLUTION NO. 10552 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.2 PROJECT NO. 96 -02 Whereas, pursuant to an advertisement for bids for the improvement of 5th Avenue SE (formerly Arch Street) from 1000' East of Michigan Street to the Railroad Tracks by construction of Storm Sewer, Grading, Gravel Base, Concrete Curb and Gutter, Bituminous Base and Wear Course, and Appurtenances, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Juul Contracting Company, Hutchinson, MN $ 88,045.80 Kuechle Underground, Kimball, MN $102,896.22 and whereas, it appears that Juul Contracting Company of Hutchinson, MN is the lowest responsible bidder. Now therefore, be it resolved by the City Council of the City of Hutchinson, Minnesora: 1. The mayor and city administrator are hereby authorized and directed to enter into the attached contract with Juul Contracting Company of Hutchinson, MN, in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits 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 Hutchinson City Council this 26th day of September, 1995. Mayor City Administrator cityof WAL a September 20, 1995 MEMO If approved by the city council the use of tax increment financing funds was discussed as an option for the $60,000 payment request to the Elks over the proposed 5 years. The property originally owned by the Elks was purchased and resold to Erickson's where the Festival Foods store is now located. If the payment is consider a repayment of relocation not paid at the time with the Elks the funds could probably be used from the Tax Increment District. We have expended all the construction funds when the project was originally assembled. The 1992 tax increment program specified we could use funds from the old district in conjunction with the 1992 tax increment funds. What this would mean is the funds could come from the old 111980 Tax Increment District" Fund. Funds in the 1980 tax increment in 1995 are limited. An advance from anther fund could be required for one year time. If the council agrees future years would probably repay this advance made in 1995 and the remaining years of payments to the Elks. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primed on recvc[ed pope - Police Services 10 Franklin Street SW n Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 i • • ��Jig �greementr Made and entered into this _. _... . _ day of..._October_ _ 19 SO." by -tied between ._. ... _ .... ..... Larry...L___ Sorensen ... and.,. Barbara -J - SOrensen.y..____... - aatiernd and wife part -ieSbf the first part, and__ _....City of- .Hutchinson._....... ,,.... ......_._.. __._.......__. _.... a corporation under the faros of the'State of.- _MinneSCa _ ................_..._......._. party of the second part; r WihleflEetb, That the said part'i'es of the first part Witaltaidera.tion of the camrsaral and agrse- ments of said party of the �rid part , hereinafter co stainad;.heroby sell. . and agree . to eonvey unto said party of the second part, iZ�:swRoossors and asslins, by 4. .. .. .. . Deed, aecampanied by an abstract evidencing good title in part..i.es_...of the first part at the date hereof, or by an owner's duplicate artifiea4 of title, upon the pioirypt and full perforrnanoe by said party of the second part, of its part, of this aigrtement, the tract_., of land, lying and being in the County of ....... MCLe.od ........................ _ .and State of Minnesota deeoribed as follows, to-wit: :aLOt;i Block. 2, ROLLIkr OARS Y V Ir jipa-Ptyof .4ed n the second part, in consideration of the promises, hereby agrees to pay said part ie5 of the first part at HU.tch,inson -, Minnesota - ..- _.,.sex- as and for the puaahase price of said promises the sum of. SiXty.s4h^ousaad_, and_no /TOO - - -.- ...�.m wr•.t ... _ .. ... ...... _.- ,1560.000. 00),,._- -Dollars, in manner and at tames following, to -wit. e _ .... ......... ... $15,000.00 cash in hand paid to parties of the first part, the receipt of which is hereby acknowledged; and The balance of $45,000.00 to be paid in annual installments of $9,000.00 plus interest, or more, to commence on January 2, 1982 and $9,000.00 plus interest, or more, on the 2nd day of January thereaLtax .w ith interest on the unpaid balance at the rate of 108 per annu7B Said annual payment to be applied first to iiLt*ce,;,r_anfi.tfie balance to principal and to continue until paid in full on or before January 2, 1986. arties of the first part agree to convey title to party of the second part, portion to be agreed upon by the parties, of the herein described property t such time as party of the second part has paid to the parties of the first art at least $24,000.00 of said contract price. arty of the second part shall have possession as of November 15, 1980. Said party of the second part further covenants and agrees as follows: to pay, before penalty attaches thereto, all lazes due and payable in the year 19 al and in subsequent years, and all special assessments heretofore or hereafter levied, ... _.._._.._.. also that any buildings and improvements now on said land, or which shill hereafter be erected. placed, or made thereon, shall not be removed therefrom, but shall be and remain the property of the partieMf the first part until this wntract shall be fully performed by the party of the second pan; and at its own expense, to keep the buildings on said premises at all times insured in some reliable insurance company or companies, to be approved by the pan..igSf the first part, against loss by fire I., at least the mm of ........... ....._. ._.__.__..._._ ..... _._..___..!t .F.LLL..SNflABABLE. V11L11 .E.. *_'�.__.._..._...._Dollan and against loss by windstorm for at least the sum of__ ............. ........ .._....._..._.._..__..._.._..__._......_._.._...... ._.._...__.._._............... ..........._.._..._._...__............_._._.._...._..__..-_.-___.._..._.._ i ��' :IILL._.INS_U.8£�(%LF._YA.7,cVE �......... _ ........ . ......................Dollars. payable to said part.1eaf the first pan, _..._Yhei.7 - _._...__heirs or assigns, and, in eau of loss, should there be any svr- plus over and above the amount then owing said part.i.eaf the Best part. _..- their.._......... heirs. or assigns, the balance shall be paid over to the said party of the second put as Its Interest shall appear, and to deposit with the paruHS of the first part policies of said insurance. But should the second party fail to pay any item to be paid by said party under the terms hereof, same may be paid by first part3,Mmi shall be forthwith payable, with interest thereon, as an additional amount due first pamiesander this contrast. .) '� But should default be node in the paymeni of principal or interest due hereunder, or of any part thereof, to be by second party paid, ca should s and party f,l to pay the taxes n s ems upon said land, prrmiumx upon said i,vur- an.q or to perfor,n any or either of the covenants, aNrcemenit tarmss or s moliflo 1,s herein cumained, to lie by and second Party kept or performed, the said part j if the fins pan may, at. their .. option by written notice declare Ihis contract cancelled and terninand, and all right., tide and mlrreAl acgulr rd the.und.r by ,awl second Pan,, ahxll there- upon cease and terminate. and all hnpro.rntenL nude upon dr Prr,ui e'. and Mi Pay,nrotc nude hnenud.r .hall belong to said pan_ig9Tf the first part Al liquidated damage. for Itrcach of this contract Lv .axid s,ron,l p,Trty, ,lid notice to he in accordance with the statute in tech case made and provided. Neither the rsxnaion of the time of payment of any TOOT or Aunts of co T o icy to be paid her.und.q nor any waiver I,y the parrjeg of the hest Part _.__thei r... right, to declare this contract lonened by rcasnn of any breach thereof, shall in v Planner affect the right of said parlieS to camel this contract heeause of dr fanln subsegnenlly nawring, and no estenniou of line shall Irr valid unlos evidenced by duly signed i ,,trument Further, alter err.¢e of notice and failure to remove, within the period allowed by law, the default therein specified. said party of the second part hereby specifically agrees, upon dmund of said parl..ieS. of the first pan, quietly and peaceably to surrender to thejy... posscsston f said ...... n prem- e and eery Part thereof, it being ,oil ... tood that unlit such default, said pany of the second Part is to have possession of said premixes. 31 16 illotuallp 21gretb, By and brtween flue Iweties herelo, that the time of payment .shall he an "Troliol part of (his rontract; and that all the rco nanls and ng,eentents herein cant.ined shall rue, will, the land and bind the heirs, e,,,aloa, adnl inistrnlors, sucecseors and assien.s of the resprclire porties hereto. IX TENTI,M2Y1' 117IE.NEOP, The said pierl des of the /'.rat beerl have herrento Tel their _ Grinds 1,1111 said .vrnn rf Isel hers ra„ard three p e,scols to be racruted in its corporate ¢mere by its -a ,d its City Clark - and it rpnrn fc lhhrm,,nto affixed. 1r�senll: QT� t]F . y 'a tmd 00tatt of Ainne ota, D l - �. County of.. _. McLeod ..... ...... Its jty -Clerk ... .. On this day of _.. October ..........., 19.80., hefore me, a Notary Public unthin and for said County, peraonnlly aptvared Larry L. Sorensen and Barbara J_ Sorensen........._._ ...__....... ...... ...... to nae known to be the person s - described in rtnd .oho exeer,ted. the fa CO MO lnelnaage, d Tail neknarole e.d that t he y executed the same as __ _their . .... /ree aeE ! deed atary ubla'e, t t !'i�S2Q3 . R 1QOr4Vly, alines. optatt of pT /1 i{J f1llnntgOta, d7y rwn mimeioniAryv s 9_ ._ I6 1907 Coady of McLeod_ ­a. On this _._.... _.... _ .day of .... October._... ____...., 19. 80_., before me, a . Publ .ic._....._.._...._....._...... _ ............. - .- NCtaiy __..___.._.., within and for said County, peraonaIly appeared . Ralph D. Westlund . ..... ___......_.....__. _ and .......- Gary.D..,Plekz..... to ,r,e taersonally knot.., who, being, each by rue duly stoorra_..,_ they ... ...... _- - did say that they are re,sisietimly the Mayor. ....... )GOO 99( and tile. -City. Clelk _..__...._...... of the corporation named in the forrg,oing, lnetrurnent, and that the seal at ixed to said instrument is the corporate seal of said corpora - lion, and that said instrument was sifned and sealed in behalf of said corporation by authority of its E[009.XW city cot=il _... _. ..._..... _ and said_... ......... Mayor__ ............. _... and City Clerk- - - acknorolrolerd said ia� h um,nl to be the fire act and. d,,,i of .or id corporation. THIS INSTRUMENT WAS DRAFTED BY ._. -. .- ..... - ... .............. .. ... ........ _. ]�`� Notary Public, Mcleod County, Minn. My commission expires ...., 19 _... • u 9 i& tQ�1 t O p S a h z 6 yW - Z .y _ C CpeO U E t p 1— gi £" LL L% s OW i£ y � C 9e Z S m CC • u 9 • • • 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLANO DAVID A. BRUEGGEMANN PAUL D. DOVE— RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO ADMITTED IN TEXAS .ND NEW YOLK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED'- IASILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 16121587 -7575 FAX 16121587 -4096 RESIDENT ATTORNEY G, BARRYANDERSON September 26, 1995 Re: Elks Option Our File No. 3188 -95299 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16121545.9000 FAX 16121 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121 389 -2214 FAX 16121 389 -5506 Enclosed herewith please find an Agreement for the Council to act on either this evening or at a subsequent City Council meeting as you and the Council may direct. We discussed the possibility of a Purchase Agreement, but upon further reflection at this point, Hutchinson Elks, Inc. has no ownership in the subject property. What Elks has is a right to acquire the property upon exercising an Option which is something they have not done as of this date. Accordingly, it seemed to me to be more appropriate to put together an Agreement for execution by the City and Elks which involves a waiver of their right to acquire the property and I have also included a release of all claims against the City. It should be noted that this document does not address the question of whether or not Elks might have been entitled to some additional relocation benefits as a result of their second move from temporary quarters to permanent quarters. While I certainly can include such language in the document, such a release would not be binding under either federal or state law without a formal relocation benefits analysis and the attendant expense of such a study. Since no claim has ever been presented and in light of the cooperation between Elks and the City, I see no real reason to pursue this point. Although I have not specifically researched the issue, their might be statute of limitation problems with such a claim in any event. Attempting to insert such language in this document might just simply raise questions with the Elks. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE CAR ASSOCIATION IJ / \ I —CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz September 26, 1995 Page 2 You will also notice that I have included language dealing with the real estate commission. Please do not hesitate to contact me should you have any questions in connection with the foregoing. Thank you. Very truly yours, ARNOLD, AND SON & DO E, P.L.L.P. �J . a, G. Barry Anders GBA:lm Enclosure t • • • THIS AGREEMENT is made and entered into this _ day of September, 1995, by and between the City of Hutchinson, a Minnesota municipal corporation ( "Hutchinson ") and Hutchinson Elks, Inc., a Minnesota not for profit corporation ( "Elks "). RECITALS: 1. Hutchinson Community Development Corporation ( "HCDC ") entered into an Option to Purchase real estate with Elks on or about November 19, 1991 and a true and correct copy of said Option is attached hereto, marked as Exhibit "A" and incorporated as if fully set out herein. 2. HCDC assigned its rights under said Option to Hutchinson. 3. The Option to Purchase grants to Elks the right, in • exchange for a Ten and no /100 Dollars ($10.00) payment, acquire certain real estate owned by the City of Hutchinson adjacent to • Super America on Highway 7 West within the city limits of the City of Hutchinson. 4. Hutchinson and Elks have entered into negotiations and have reached an agreement for the purpose of terminating the right of Elks to acquire said property and the parties now desire to reduce their agreement to writing. FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the parties agree as follows: 1. Payment by Hutchinson. Hutchinson agrees to pay to Elks the sum of Sixty Thousand and no /100 Dollars ($60,000.00) pursuant to a Promissory Note substantially in the form attached hereto, -1- Y' A 1 marked as Exhibit "B" and incorporated as if set forth herein. 2. Termination of Option. In exchange for entering into this • agreement and the execution of the Promissory Note attached as Exhibit "B," Elks agrees to waive forever any right to acquire the municipal property located adjacent to Super America on Highway 7 West within the city limits of the City of Hutchinson. In addition, if requested by and at the sole option of Hutchinson, Elks agrees to execute a quit claim deed conveying any right.it may have in said property to Hutchinson. 3. Release. Elks does for, and on behalf of its heirs, executors, administrators, successors and assigns, agree to and hereby does release, acquit and forever discharge Hutchinson and its heirs, executors, administrators, successors and assigns and each and all thereof, of and from any and all manner of action or actions, suits, claims, damages, judgments, levies and executions, • known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which Elks or its heirs, executors, administrators, successors or assigns ever had, has or ever can, shall or may have or claim to have against Hutchinson, its heirs, executors, administrators, successors or assigns, for, upon or by reason of any matter, act or thing, prior to the date of this general release, including specifically, without limiting the generality of the foregoing, any and all claims arising out of the Option to Purchase attached hereto, marked as Exhibit "A" and the right of Elks to acquire the property adjacent to Super America. -2- 0 4. Entire Agreement. This agreement shall be construed • according to the laws of the State of Minnesota and contains the entire agreement of the parties with respect to the subject matter hereof. There are no representations, inducements or other provisions other than those expressed herein. This agreement shall be binding upon the parties and their successors and assigns. Any changes, deletions or additions must be put in writing and signed by the parties to this agreement. 5. Broker. Hutchinson shall not be responsible to Elks, or any other party, for the payment of any real estate commission or fees and expenses to or on behalf of any real estate broker or agent. Such expenses and charges, if any, shall be the responsibility of Elks. • IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. Attest: City Administrator CITY OF HUTCHINSON By: Its Mayor HUTCHINSON ELKS, INC. By: • -3- ., 0 Is THIS CPTICN TO PL'RCBASE, is made and entered into this /V-�,day of ?'.' ?.' /ikC 1991, by and between Hutchinson Elks, Inc. ( "Elks ") and 'C - Hutchinson Community Development Corporation, a Minnesota ncn- profit corporation ( "HCDC "). RECITALS: A. Elks is the fee owner of certain premises described as follows: Property I. D. No. Legal Description 23- 056 -32-0 Lots 6, 7, and 8, Block 47 23 -056 -3240 23- 056 -3250 North Half of Hutchinson All real and personal property is located in the City of Hutchinson, County of McLecd, State of Minnesota (the "property "), except personal property listed as Exhibit "A ". B. HCDC and Elks enter into this agreement for the purpose of • granting an option to HCDC to acquire the property. NCW, TBEREFCRE, in consideration of the mutual promises ride by the parties and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Elks and HCDC agree as follows: I. Grant of Option. In consideration of $100.00 in hand paid from HCDC to Elks, Elks grants to HCDC the exclusive option to purchase the property at any time from the date of this Option through April 1, 1992, in accordance with the terms and conditicris of the Option Agreement. 2. Purchase Price. Throughout the term of the Option Agreement, the purchase price shall be paid in cash at closing, less option monies previously paid pursuant to this option in the amount of Two Hundred Fifteen Thousand and No /100 Dollars ($215,000.00). ;J —A . In addition, the City shall grant to the Elks an coticn for 10 years cn certain real Frperty located adjacent to Super America, as is more fully set out in Exhibit "A ". This option shall be effective only if the epticn is exercised by cCDC cr its assigns. The 10 -year option period shall co=,.ence from the date of closing of this agreement. The date of closing shall be such date as the parties may mutually agree upon ad in the abseance of acrcement, the date of closing shall Le 45 days after the exercise of the ccticn. The curchase price shall be $10.00. The City shall Lear the responsibility for the extension of utilities to the precerty set cut in Exhibit "A ". Elks shall cay any connection charges and costs associated with extending the services to the building or buildings. Elks may rct convey, transfer or sell the crccerty without the written permission of the City of Hutchirscn, which permission shall not be • unreasonably withheld. 3. Closing Date. The date of closing shall be such date as the parties may mutually agree upon, and in the absence of agreement, the date of closing shall be 45 days after exercise of the epticn. 4. Assignm_—!t. This Agreement shall be fully assignable from HCDC to the City of Hutchinson, with the assignment to be in the sole discretion of 5. Conditions. The transactions provided for herein are sub;ect to the following conditions: a. Exercise /TP*minaticn/Restrictions /Covenants. HCDC shall give written notice by certified mail of its intention to exercise the option any time through midnight of March 31, 1992. Nothing in this agreement shall be construed to require HCDC to exercise the option and the decision to exercise the option rests in the sole discretion of HCDC. In the event HCDC does not exercise the Option, Elks retain option monies paid under the agreement. • b. Liens. All mortgages, liens and- other charges against the property shall be paid or satisfied, as applicable, by Elks prior to or at the closing. -2- c. Title /Tares. Title shall be delivered at closing by general warranty deed and must be fee simple marketable title subject to • (i)'a:tility and other easements, rights of way and restricticns of record; (ii) free of all real estate taxes and installments cf special assessments for imnrcvements to the prccerty inc'_cdirg real estate taxes, expect that Elks shall pay all real estate taxes due and payable in the year following the closing and thereafter. d. Leasees. Elks agrees to crccerly terminate any existing '_eases prior to closing. it is understood that a portion of the property is leased to a = aurdremat facility and the lease, by its terms, does not expire prior to November 15, 1993. The City, and not the Elks, shall relocate the laucdremat facility and, if necessary, ccr.demn the lease. in the event the City elects to ccndemn the lease and any ether property interest held b r the laundremat, the Elks agree to cooperate fully with the City in any such condemnation effort. The Elks do not claim, and hereby waive, any interest in the lease or prcperty rights held ty the laundra:at, its successors or assigns. The City shall pay relocation or condemnat =cn expenses ccrnected with the launcrcmat facility, if any. e. 2nvesticaticn /T ,t=.-*.4. ECLC and the City of Hutchinscn shall i.ave the right to enter upon the property, at any reasonable time and with adequate notice to Elks a visual inspection and for the purpose of conducting such environmental, engineering, surveying and other investigations or testing as HCCC considers necessary. • ECDC shall (i) deliver to Elks a waiver of lien executed by any party or entity conducting any investigation or testing on HCDC's behalf on the property (ii) conduct all investigations or testing in compliance with applicable governmental rules, laws and regulations (iii) repair or restore any damage or disturbance to the property caused by investigation or testing conducted by or on behalf of HCDC and (iv) indemnify and hold Elks, and Elks successors and assigns, harmless from any claim, action, liability or demand and in any way arising from or related to the investigation or testing conducted on the property. 'Lhe indemnification by HCDC shall not extend to any environmental condition on the property which existed cricr to F:CDC's investigation or testing. f. Waiver of Relocation Benefits. The property which is the subject of this Option Agreerent is commercial or business $n nature. As part of the consideration for the option and for the sale of the property to HCDC, the parties agree that the purchase price recited in this Option Agreement shall include all relocation benefits otherwise available under state or federal law and no further relocation benefits shall be paid by HCDC to Elks. g. Approvals. HCDC shall secure all necessary approvals from McLeod County Regional Rail Authority and the Minnesota Department of Transportation for the transaction, if required. • -3- 6. ELks' Closing Documents. Cn the closing date, Elks shall execute • and deliver to HCEC the following (collectively "Elks' closing documents "): a. Deed. A warranty deed in form reasonably satisfactory to HCDC conveying the real prccerty to HCEC free and clear of all encu- mbrances . b. Seller's kffie-avit. An affidavit of title ty Elks indicating that on the closing date there are no outstanding, unsatisfied judgments, tax liens or tarkructcies against or involving Elks or the real property; that there has been no skill, labor or reterial furnished to the real prccerty for which pa;.vrent has not been 7---de cr for which mechanic's liens could be filed; a-:d that there are no other unrecorded interests in the real property, together with whatever standard cw,ner's affidavit anal /er indemnity ( ?LTA forte) which may be required by the title insurance carrier to issue an owner's policy of title insurance with the standard exceptions waived. 7. City's Closing DccL.ntz. Cn the dosing date, the City shall execute and deliver to the Elks the following (collectively "City's Closing Documents "): • a. Deed. A limited warranty deed in form reasonably satisfactory to the Elks conveying the real property to the Elks. b. Seller's Affidavit. An affidavit of title by the City indicating that on the closing date there are no outstanding, unsatisfied judgments, tax liens or outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the City or the real property; that there has been no skill, labor or material furnished to the real property for which payment has not been nade or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the real property. 8. Evidence of Title. Within 60 days after the date hereof, the City shall furnish to the Elks a cc.- mitr)ent for a title insurance policy on the property or an updated Abstract of Title with all appropriate searches. The Elks shall have 30 days after receipt of the ccumitment or abstract to examine title and to sake any objections thereto, which must be in writing or shall be deemed waived. If any objecticns are made, the City shall be allowed until the later of the date of closing or 120 days to make the • title marketable. If the objections are not cured within the 120--day period, BCDC will have the right to do any of the following: -4- a. Withhold from the purchase price an amount, which in the reascnable judgment of HCDC is sufficient to assure a cure of the objktions. Any amounts so withheld will be placed in escrow with a title insurance ccm_rany pending such cure. If Elks do not cure such objections within 90 days after such escrow is established, HCDC may then cure such objections and charge the cost of such cure (including reasonable attorney's fees) against the escrowed an-cunt. If such escro,,., is established the parties agree to execute and deliver such dccurents as may be reasonably required by the title insurance company, and Elks agree to ray the charges of the title insurance company to create and administer the escrow. b. Wai,e the objections and proceed to close. 9. Risk of CunarrK-Sh. D ar.d Adjuster. ^.t of Purchase Prime. The risk of ownership of the property which is the subject cf this Ceticn AcreeTtirlt will not pass to the Elks or to its assicrs until the transfer of title to the property wherever accor,.olished and the Elks shall not be liable for any dasace or injury to cr fcr loss of said property prior to such date. 10. Rem-�Aies. a. ElYs' Remedies. If ;CDC defaults under this Agreement, Elks shall have the right to terminate this Agreement by giving written notice to E.CDC. If HCDC fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination, Elks will retain the option money as liquidated damages, tics being of the essence of this Agreement. The termination of this Agreement and retention of the option money will be the sole remedy available to Elks for any default by Y.CDC, and HCDC will not be liable for any damages or specific performance. b. HCHC's Remedies. If Elks defaults under this Agreement, HCDC may seek as permitted by law, any one or more of the following remedies: (1) Specific performance within 6 months after such right of action arises, including costs and reasonable attorneys' fees, as permitted by law. 11. Miscellaneous Provisions. a. Elks acknowledges that neither HCDC nor any of its agents, representatives or employees or any agents of the City of Hutchinson have made any warranties or representations with respect to the property or its prospective use except as stated in this Agreement. b. Elks, agrees to deliver possession not later than date of closing unless mutually agreed by the parties to a different date. -5- • CJ • C. The Elks shall be entitle to salvage rights to the equipment and fixtures, as listed on Exhibit "A," provided, however, that Elks will remove all salvage items within thirty (30) days of receipt of written notice from the City. For the purr--se of maintaining safety and limiting vandalism, the Elks agree to secure the building following any salvage efforts. 12. Parties. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns. 13. Survival. Representations and warranties made in this Agreement shall survive the closing and shall not merge with any deed delivered as part of the transaction.. 14. Broker. Both ECDC end Elks warrant and represent to the ether that the party Taking the representation has not employed the services of any real estate broker who would be entitled to real estate commission on the consummation of the transaction contemplated herein. 15. Entire Agreement. This Agreement shall be construed according to • the laws of the State of Minnesota and contains the entire agreement of the parties with respect to the subject matter hereof. There are no representations, inducements or other provisions other than those expressed herein. This Agreement shall be binding upon the parties hereto and their successors and assigns. Any chances, additions or deletions hereto must be in writing and signed by the parties to this Agreement. IN WIT19ESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. EU CHINSI N ELKS, INC.. By_ Its HUTCHINSON CCM?UNITY DEVIIAPMENP aRPCRA21aai7 Ey • Its r, -& r- -E- STATE OF MINNESOTA) )ss COUNTY OF kLEOD) i, On this day of % /' %, � /)7 lti L-- 1991, personally appeared before me a Notary Public, the /f<`.% �! /J,' 7/:�/; %• <, of Hutchinson Elks, Inc. and= w,.o executed the sa.T.e on behalf of the Corporation. STATE OF MIrNESC A) )ss COMM OF MCLECD ) Notary Public E -p 3 ' 9s'A•iYfhYPMh2ttf� `YI('.1�t1 f-.'Hf::`PKi.W On this /� -� day of I,:<7�y�•l� / 0 , 1991, personally speared. before re a Notary Public, i [/ ! "ai %I�/ i mt � . the ;', /I /X4;7` of Hutchinson Cormunity Cevelepment Corporation and who executed the same on behalf of the Corporation. This Document was Drafted by: McGraw & i4ard, P. A. Attorneys at Law Suite 209 Citizens Bank Building P. O. Box 98 Hutchinson, MN 55350 (612) 587 -3900 -7- kro Notary Public vorask,rr w+n�.tvsNr►srrt�wssa:>as:2 NCTARY FV5:C— P[IFINESCTA x E';' e;.-Y:3• 1-23 trov:: rr.w ti-wr: �rxrn:..r rrrs.v vn•r:s� • • • PROMISSORY NOTE $60,000.00 Hutchinson, Mn. September 26 1995 FOR VALUE RECEIVED, the undersigned,the City of Hutchinson, a Minnesota municipal corporation, promises to pay to the order of Hutchinson Elks, Inc., upon demand the principal sum of Sixty Thousand and no /100 Dollars ($60,000.00) with no interest, to be paid as follows: $10,000.00 payable commencing on the 15th day of October, 1995 and $10,000.00 payable on the 15th day of each succeeding October thereafter, to and including the 15th day of October, 2009, at which time the last payment of $10,000.00 shall be payable in full, if not sooner. All payments of principal shall be made payable to Hutchinson Elks, Inc. at their address of 720 Highway 7 East, Hutchinson, Mn. 55350 in lawful money of the United States of America, or at such other place as the holder hereof my designate. In the event of default in the payment of any installment of principal as herein provided, the entire principal sum shall become immediately due and payable without notice at the option of the is holder of this Note. The makers, endorsers, sureties and guarantors hereby severally waive presentment for payment, demand and notice of nonpayment of this Note, and consents that the holder may extend the time of payment or otherwise modify the terms of payment of any part of the whole of the debt at any time at the request of any person liable on this Note. The makers, endorsers, sureties and guarantors hereof hereby severally agrees to pay all costs of collection, including reasonable attorneys fees, in event of default. The undersigned reserves the right to at any time prepay the indebtedness or any part hereof without penalty, provided however, that a partial prepayment of principal shall be applied on the last maturing installment or installments hereof. Dated: CITY OF HUTCHINSON By: Attest: • City Administrator Mayor J —A, • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE** RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITED IN TE%AS AHO Hew VDRK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIASILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX(612)587 -4096 Ms. Brenda Ewing Planning Coordinator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON July 13, 1995 Re: Dobratz Transaction Our File No. 3188 -95296 Dear Brenda: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (6121545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 3832214 FAX (612) 3635506 I am enclosing herewith for execution by the City of Hutchinson and Mr. and Mrs. Dobratz the Agreement and proposed Easement. Please review these documents carefully with John to make certain they correspond with what the City is trying to accomplish in connection with this transaction. Thereafter, Mr. and Mrs. Dobratz should be provided with copies of the documents along with a request that they come in to City Hall to execute the same. Once they have been executed, they should be forwarded to Marilyn Swanson for inclusion at the next regular City Council agenda for approval by the City. Obviously, Mr. and Mrs. Dobratz should be advised that the City will bear all costs relating to the preparation and recording of these documents. I believe with your receipt of these documents we have completed our responsibilities relative to this matter, at least until further word from you. If this is not the Very 1.1 G. l9GBA•lm Enclosures , please advise. Thank you. Best regards. , P.L.L.P. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Y' 1 AGREEMENT THIS AGREEMENT is made and entered into by Douglas D. Dobratz and Carol A. Dobratz, husband and wife (Dobratz) and the City of Hutchinson, a Minnesota municipal corporation. RECITALS: 1. The City of Hutchinson desires to construct certain improvements in the area of real estate owned by Dobratz; 2. To further said construction, the City has negotiated and bargained for, and Dobratz is willing to convey, certain easements; 3. The parties hereto now desire to reduce their agreement to writing. NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. Grant of Easement. Dobratz agrees to grant an easement to the City of Hutchinson in the form attached hereto, marked as Exhibit "A" and incorporated as if fully set out herein. 2. Assessment Reduction. In exchange for the grant of easement set forth above, the City of Hutchinson agrees to credit Three Thousand Nine Hundred and no /100 Dollars ($3900.00) against the assessment imposed on the Dobratz property as a result of Assessment Roll 302 for Letting No. 4, Project No. 95 -04. It is understood by and between the parties that this credit covers a reduction in the total assessment, due to payment for permanent and temporary easement and credit for correction in assessable frontage. 3. Landscaping. As and for further consideration for the grant of the easement described above, the City agrees to make all reasonable efforts to preserve existing landscape and trees and, whenever possible, an attempt will be made to remove and replace trees in the easement area that may be disturbed by construction. In addition, the City agrees to provide up to an additional One Thousand Five Hundred and no /100 Dollars ($1,500.00) of additional landscaping to the disturbed area following construction with the understanding that the property owner may select the type and size of plantings to be provided and with the further understanding that said One Thousand Five Hundred and no /100 Dollars ($1,500.00) allotment is in addition to any ordinary landscaping required under the project contract. The liability of the City for any damages to trees, brush, shrubbery or landscaping whatsoever shall be limited to such damages as the contractor is responsible for and, in addition thereto, the One Thousand Five Hundred and no /100 Dollars ($1,500.00) allotment specified above. The City shall have no additional liability to Dobratz except as set forth in this Agreement. WHEREFORE, the parties hereto have set their hands the year and date first above written. Attest: Gary D. Plotz City Administrator CITY OF HUTCHINSON By: Mayor i D: �pbratz Carol A. D.. , EA88MEHT THIS INDSNTIIRS, made this /X day o4, 1995, by and between Douglas D. Dobratz and Carol A. Dobratz, husband and wife ( "Dobratz ") of the County of McLeod and State of Minnesota, party of the first part and the City of Hutchinson, ( "City ") party of the second part: WITNESSETH: THAT, for and in consideration of the sum of One dollar and other good and valuable consideration in hand paid to the party of the first by the party of the second part, receipt of which is hereby acknowledged said party of the first part does hereby grant, bargain, sell, convey and warranty to the party of the second part, its successors, or assigns, forever, a right -of -way and easement, with the right, privilege, and authority to said party of the second part, its successors, assigns, lessees, and tenants, to construct, erect, operate and maintain, underground storm sewer, sanitary sewer, water mains, roadway and other utilities on, along, over, through, across, or under the following described lands lying and being in the County of McLeod and State of Minnesota, to -wit: See attached Exhibit "A" incorporated herein as if fully set out. Together with the right of said party of the second part, its successors and assigns, to place, erect, maintain, inspect, and relocate at will, roadway, underground sewer, sanitary sewer, water mains, and other utilities, adding thereto from time to time, across, through, over or under, the above described premises, to cut and remove from said premises on either side any trees, or other obstructions, which may endanger the safety or interfere with the use of said roadway, sewer, water mains, and other public -1- utilities, fixtures or any structures on said premises; and the right of ingress and egress to and over said above described premises for the purpose of repairing, renewing, or adding to said roadway, sewer, water main, sanitary sewer, and other public utilities, and for doing anything necessary or useful or convenient for the enjoyment of the easement herein granted; also the privilege of removing at any time any or all of said improvements erected or constructed upon, over, under, or on said lands. Together with the rights, easements, privileges and appurtenances in or to said lands, which may be required for the full enjoyment of the rights herein granted. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid to the party of the first part by the party of the second part, receipt of which is hereby acknowledged, said party of the first part does hereby grant, bargain, sell, convey and warranty to the party of the second party, its successors or assigns, forever, a right of way and easement for roadway purposes along with the right, privilege and authority to said party of the second part, its successors, assigns, lessees and tenants, to construct, erect, operate and maintain, a roadway and other roadway related improvements on, along, over, through, across or under the following described lands lying and being in the County of McLeod, State of Minnesota, to- wit: The South 10.0 feet and the East 10.0 feet of Lot 3, block 1, DOSRATZ ADDITION according to the plat on file in the office of the County Recorder, McLeod County, Minnesota. AND ALSO: That part of Lot 3 of AUDITOR'S PLAT OF THAT PART OF THE NW 1/4 OF SECTION ONE, TOWNSHIP 116 N. OF RANGE 30 W. described -2- 0 0 • as follows: Beginning at the northeast corner of said Lot 3, Block 1, DOBRATZ ADDITION; thence North 01 degrees 15 minutes 43 seconds East, assumed bearing along the northerly extension of the east line of said Lot 3, a distance of 115.59 feet; thence North it degrees 44 minutes 17 seconds West 66.66 feet; thence South 01 degrees 15 minutes 43 seconds West 180.87 feet to the north line of said Lot 3; thence on a bearing of East 15.0 feet along the north line of said Lot 3 to the point of beginning. Party of the first part hereby agrees that said easement or easements granted herein cannot be amended except in writing approved by party of the second part. WHEREFORE, party of the first part has set their hands the year and date first above written Attest: Gary D. Plotz City Administrator CITY OF HUTCHINSON By: Marlin Torgerson, Mayor STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) �pv On this /8 day of 46` t' 1995, personally appeared Douglas D. Dobra husband and wife, and acknowledge that as their own free act and deed. me a Notary Public, Carol A. Dobratz, acutec],-the goregping ■oun MAX UNN"M - IS 3- yr Comm. EV. Jan. 31. M STATE OF.MINNESOTA) SS. .COUNTY OF McLEOD ) On this day of August, 1995, before me a Notary Public personally appeared Marlin Torgerson and Gary D. Plotz, Mayor and City Administrator for the City of Hutchinson respectively, who acknowledge that they executed the foregoing instrument on behalf of the City of Hutchinson. Notary Public THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X 0 0 -4- M September 21, 1995 TO: Mayor and City Council U M FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Advertising for Airport Property Leasing Please note that this spring we extended one of the two leases for property at the Airport so that both leases would run at the same time period. Both leases have been for three years in the past The two current leasers are Steve Hahn (South Property) and Kurt Knutson (North Property). Current leases run through the end of the year, but we need to advertise now to allow for fall field preparation. The areas currently being leased are physically separated by drainage ditches and/or the runway, so • it is expected that some bidders may not want to bid on both properties. We are therefore proposing that we will bid each area separately, but also include an alternate for leasing both properties, with the highest total bid being accepted. We are proposing to advertise for bids for leasing the property for the next three years. Please also note that the South Property is currently being utilized by the Wastewater Facility for sludge spreading. We are currently reviewing and testing the North Property for sludge spreading also. Provisions for work required by the City to spread sludge will be included in the bid proposal. Based on these criteria, we recommend that the City advertise for Airport property leasing. cc: Randy DeVries - Director of Water/Wastewater Operations file: Airport Property Leasing City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Primed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 9� (612) 587 -2242 Fax(612)587 -6427 City of, M X � N September 21, 1995 TO: Mayor and City Council D U M FROM: John P. Rodeberg, Director of Engineering/Pub] is Works RE: Consideration of Awarding Bid for Lowell Otto Antiques During the court ordered clean up of the Lowell Otto site, City staff was directed to clean out an infested storage building. Some of the items located in the building were determined to be antiques that may be of some value. The directive from the City Attorney had been to have all material found on the site hauled to a demolition debris site or landfill. Larry Karg, Street Supervisor spoke to me and City Attorney G. Barry Anderson regarding the issue. • After some discussion, the decision was made to temporarily store the items (Jay Freedland graciously volunteered a storage building) and have several antique dealers provide a lump sum bid for all of the material. Larry Karg approached four dealers. Bids were opened on Tuesday, September 19, 1995 at 10:40 a.m. in the City Center Staff Conference Room. In attendance were City Administrator Gary Plotz, Director of Public Works John Rodeberg, and City Attorney Barry Anderson. The bidders, and the bid amounts, were as follows: Schaffer Antiques (Bennett Schaffer) $1,125.00 Fahey Sales Agency, Inc. $1,105.00 Hotovec Auctioneers S 627.50 Good Old Days Antiques (136 - 4th Ave Se) $ 626.00 Based on these bids, and the recommendation from the City Attorney, we recommend awarding the bid to Schaffer Antiques. cc: G. Barry Anderson - City Attorney file: Otto Site Cleanup City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Primed on recycled paper Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 C� 0 DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE RICHARD G- McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITTED IN TEAS AND NEW YORK ARNOLD. ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 553502563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 567 -7575 FAX 1612)587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON September 19, 1995 Re: State of Minnesota vs. Lowell W. Otto Our File No. 3244 -95084 Dear Gary: SEP 2 01995 OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5861 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 5541E (61 21 545 -9000 FAX 1612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 FOR YOUR INFORMATION This correspondence is for the purpose of advising the City Council of the status of the above referenced matter. As you know, the City was in the possession of an order to clean up the Otto property. The police department, working in conjunction with the street department, made arrangements for cleaning up the property pursuant to the order and, exactly as the street department originally predicted, the clean up process took the better part of a week. Various items of metal, glass and other objects were found on the premises. At present, the City is tabulating the expenses relating to the clean up and comparing those expenses to cash received from the City from the disposition of scrap metal and some items of greater value which City employees believed could be sold to private parties or file a court order seeking recovery of the net amount expended by the City. As it stands right now, I believe Lt. Scott Schwartz of the Hutchinson Police Department is completing the final wrap up of this matter and I expect to hear from.him shortly regarding final disposition of assets and the net result to the City. This correspondence is also for the purpose of advising the City that Mr. Otto did appear in District Court and was prosecuted and ultimately pled guilty to one count of violation of junk storage as set out in Hutchinson City Ordinance Section 10.01, Subd. 4. The Court ordered a stay of imposition of his sentence and ordered Otto CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / — "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz September 19, 1995 Page 2 to be placed in unsupervised probation for a period of one year. This result was based on the presentence investigation conducted by Court Services Officer Andy Ypma. Probation requirements are that Otto was to keep his property in Hutchinson clean and that if he did not comply he would be facing the entire 90 days in jail and a $700 fine in addition to any new charges the City might bring against him should he violate this condition. He must comply with all City ordinances and Ypma will do random checks of Otto's property. Because of Mr. Otto's limited financial assets, no fine was imposed. I believe this completes the summary of the status of this matter. Should you have any questions or comments in connection with any of the foregoing, you certainly should feel free to contact me. Thank you. Best regards, A very ty!¢9 yo ]Lrs, .L.L.P. G. Vrr*A9 ers GBA:lm CC Gina Brandt 9 C September 20, 1995 MEMO We received notice that effective October 1 Arnold, Anderson & Dove will no longer provide professional liability coverage for Asst. City Attorney Gina Brandt. I have asked Dennis Potter to obtain quotes for such coverage which were then forwarded to Barry Anderson for review. A letter from Barry is attached and the cost quoted for such coverage is $914 for one-year. The budget did not reflect this cost and would come from contingency of the general fund if approved by the City Council. City Center Parks & Recreation Police Services Ill Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 9'y)• (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 Fax(612)587 -6427 - Prinred on receded paper- ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP . ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD HUTCHINSON, MINNESOTA 55350 -2563 STEVEN A. ANDERSON G. BARRY ANDERSON* (612) 587 -7575 STEVEN S. HOGE FAX 161 21 587-4096 LAURA K. FRETLAND DAVID A. BRUEGGEMANN RESIDENT ATTORNEY PAUL D. DOVE— G. BARRY ANDERSON RICHARD G. McGEE CATHRYN O. REHER GINA M. BRANDT BRETT D. ARNOLD September 13, 1995 ALSO ADMITTED IN TE% ANO NEW YORK Mr. Ken Merrill Director of Finance Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Assistant City Attorney Issues Dear Ken: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG SBBI CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 IS 2) 545 -9000 FAX 16121 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121 3e9 -2214 FAX f612) 389 -5506 A& I reviewed the facsimile transmission from Michael J. Powell regarding professional liability insurance for the Assistant City Attorney. I would recommend option 13, the $1,000,000 limits, with the $5,000 deductible, which would create an expense of $914 for the City of Hutchinson. The balance of the coverages outlined in the correspondence from the National District Attorney's Association are intended to cover situations that are unique or unlikely to occur, in my view. Under the circumstances, I think those additional coverages would not be a wise use of municipal resources. I have advised Gina that the policy will not contain prior acts coverage which means that if she desires coverage for occurrences of malpractice or events that might give rise to litigation prior to October 1, 1995, she should make separate arrangements for coverage. This would not be an expense of the City and the premium for such coverage would likely be around $2,000. It should be noted that no claims have been made either now or in the past against Gina for any of the services she has provided to the City and her practice has been limited generally to the prosecution work she is presently doing on behalf of the City of Hutchinson. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Ken Merrill September 12, 1995 Page 2 I hope this correspondence is helpful to you in understanding the issues associated with this coverage. As a practical matter, Gina has coverage on a claims made basis through October 1 and if it wouldn't be too inconvenient, I would suggest that this replacement coverage be acquired effective October 1, 1995. Please note that less than $200 of the charges would actually be attributable to this budget year. If you need addi with the foregoj Very truly ua • w G. Barry GBA:lm or have questions in connection Thank you. Best regards. 0 r] • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. SRUEGGEMANN PAUL O.DOVE- RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 430 ADMITTED IN TEAAS AND NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 )612) 587 -7575 FAX (612) S87 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON September 21, 1995 Re: Simonson's Condemnation Issues Our File No. 3244 -95079 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 1612)S45 -9000 FAX (612) 54S -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612) 389 -2214 FAX (6121 389 -5506 Enclosed herewith please find a Resolution authorizing the commencement of condemnation proceedings in connection with the Simonson's property. As you know, the City needs to acquire some real estate in the area of the proposed Bluff Street bridge. I believe the parties have agreed on all of the essential terms of the transaction, but because there has been some change in plans on the part of Simonson's, all of the details have not yet been worked out. To avoid delay and to make certain that we do have the property acquired as of March 1 or thereabouts, the Engineering Department has asked that we proceed forward with the necessary paperwork to begin the condemnation process and a quick take proceeding if that becomes necessary. Accordingly, I have prepared the enclosed Resolution authorizing the commencement of condemnation. Should you have any questions in connection with this Resolution, please feel free to contact me. Thank you. Very truly yours, ARNOLD, AND & DOVE, P.L.L.P. 1 � b / q� (X G. BariAnderson GBA:lm Enclosure E. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION • RESOLUTION NO. 10553 THIS RESOLUTION is made this 26th day of September, 1995, by the Hutchinson City Council. 0 RECITALS: 1. The City of Hutchinson has determined that it would be in the best public interest to reconstruct, replace or rebuild the so- called "Bluff Street Bridge" which bridge crosses the Crow River; 2. For reasons of public safety and convenience, including the age of the existing structure, the inability of the existing structure to handle increasing traffic loads and public safety issues concerning the ability of pedestrians to cross the river, it is necessary that the City of Hutchinson move forward to reconstruct or remodel the bridge as soon as possible; 3. In order to accomplish the reconstruction or remodeling of the Bluff Street Bridge in an appropriate and safe manner and further to accomplish the reconstruction or remodeling of the Bluff Street Bridge in accordance with the usual and customary construction and engineering standards, it is necessary that property adjoining or adjacent to the Bluff Street Bridge, or adjoining or adjacent to rights of way leading to the Bluff Street Bridge, be acquired to further this project; 4. The City of Hutchinson is authorized by the state and federal constitutions and by state and federal law to exercise powers of eminent domain to acquire all necessary property interests to complete the Bluff Street project and to fulfill the demonstrated public need for said project; NON THEREFORE, BE IT RESOLVED, by the Hutchinson City Council that the Hutchinson City Attorney is authorized to commence all appropriate eminent domain proceedings for the purpose of acquiring the property described on attached Exhibit "A" and any property interests attendant thereto for the benefit of said Bluff Street Bridge project. Dated: CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary D. Plotz City Administrator • 0 C. To: Mayor and Council From: Dolf Moon - Director, Parks, Recreation and Community Education Mary Haugen - Facilities and Operations Manager Date: September 13, 1995 Re: Civic Arena grant application The City of Hutchinson has an opportunity to apply for a matching grant of up to $50,000. to be used for improvements to ice arenas. This grant money is part of the legislation commonly referred to as the "Mighty Ducks' bill, having been named after the movie of the same name. The State of Minnesota has established goals for the development of new ice arenas and for improvements to existing ice arenas. Priorities have been established to award these grants to either help build new facilities, or to renovate existing buildings. Grants of up to $250,000. are available to communities planning to build new arenas. Grants of up to $50,000. are available to assist in the renovation of existing buildings. There is a total of 2.9 million dollars available. The bulk of the awards will go toward increasing the number of ice sheets in the state - for building new arenas. $400,000. has been earmarked for renovations to existing facilities - S grants of $50,000. each. The following priorities have been established by the Minnesota Amateur Sports Commission to award grants for existing arenas: 1. Additional locker room space, especially for female users 2. Energy conservation and air quality improvements 3. Code, health and safety issues 4. Ice plant repair and replacement Based on these criteria, the following is a list of projects to consider for upgrading the Hutchinson Civic Arena. City Center I11 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 1. Low emmisivity ceiling curtain 2. Replace lighting system 3. Dehumidification system Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3 09 7 (612) 587 -2975 Fax(612)2344240 - Primed on recizled paper- $25,000. $35,900. $45,000" $105,900. Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 9_ G (612) 587 -2242 Far(612)587 -6427 0 The grant application process requires the local building authority, in this case, the City of Hutchinson, to pass a resolution authorizing the application. Assuming the grant is awarded to the City and the project is completed, the State will then reimburse the City on a 1:1 basis, up to a total of $50,000. A possible funding source for the City's share is the Capital Improvement Fund. These projects have been discussed with people throughout Hutchinson's skating community. Members of the Parks and Facilities Standing Committee have discussed this application and are asking for your approval to apply for this grant - based on the projects as listed, and ask that you pass the resolution. Now that the refrigeration system has been replaced, we can continue to work toward many of the other building improvements as identified by our users. Attached is the resolution required by the state as part of the application process: 0 1 J 0 September 20, 1945 Hutchinson City Council, This letter is to inform you that the fund drive is underway for the second phase of the Hutchinson Civic Arena as promised. We would like to have you consider our pledge of $50,000.00 toward the second phase project (dehumidification and alumasorb ceiling insulation). If this pledge can be used in conjunction with the "Mighty Ducks" Federal Grant, we may be able to get more improvement with this Is pledge. 4 .%�� �� T( „ 0 RESOLUTION N0. 10548 WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Capital Bonding Fund, provides for capital funds to assist political subdivisions of the state of Minnesota for the development of sport facilities, WHEREAS, the City of Hutchinson desires to renovate and improve the Hutchinson Civic Arena for the sports of girls and boys hockey and figure skating, NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the city of Hutchinson, Minnesota: 1. Estimates for the cost of the renovations are $105,900. and the City of Hutchinson is requesting $50,000. from the Mighty Ducks Capital Bonding Fund and will assume responsibility for the remainder of the project in the amount of $55,900. 2. The City of Hutchinson agrees to continue to assume 100 percent of the operation costs for said sport facility, and will operate said facility for its intended purpose for the functional life of the facility which is estimated to be 40 years. 3. The City Council of the City of Hutchinson Minnesota, agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of improving the Hutchinson Civic Arena and long term program direction. 4. That an application be made to the State of Minnesota, Minnesota Amateur Sports Commission, to be included in the Minnesota Amateur Sports Commission's (Govemor's) Capital Budget request for an amount presently estimated to be $50.000. 5. That the Parks, Recreation and Community Education Director and/or the Parks and Recreation Department's Facilities and Operations Manager is authorized to execute said application and serve as the official liaison with the Minnesota Amateur Sports Commission. Adopted by the City Council this 26th day of September, 1995. ATTEST: Mayor Gary D, Plotz 9' G City Administrator 0 • City Council: The Hutchinson Fire Department Relief Association is the retirement entity of the volunteer firemen. By law, every a years, we must have an actuarial study done for the Association. Concurrent with the actuarial, the Actuary calculates the financial affect of proposed benefit increases. The Trustees of the Association are recommending to the membership a 50 cent per year of service increase to the monthly pension. This will be voted on by the membership on monday, September 25, 1995. Should the membership approve the increase, City Council approval is necessary. Currently the monthly pension is based on $7.00 per year of service; if approved, the base would be $7.50. Attached is the data we used in recommending the 50 cent increase. I will be present at the Council meeting to answer any questions you may have regarding the increase. The data and projections show that we would move from a 72.9% full funding to a 91.9% full funding even with the 50 cent increase. Gary L. Henke Treasurer r1 U • 911 rJ HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION PENSION REVIEW SEPTEMBER 25, 1995 U • 9� 0 ACTUARSU SUMMARY Of ACTUARIAL FINANCIAL POSITIONS 1982 Thru 1994 • WITH WITH WITH WITH WITH WITH WITH ACTUAR. t ACTUAR. t ACTUAR, t ACTUAR. t ACTUAR. ACTUAR. ACTUAR. BEFORE OLD RATE t REV RATE t BEFORE OLD RATE s NEW RATE t BEFORE OLD RATE NEW RATE NEW RATE ACTUAR. 65.00 t 66,00 t ACTUAR. $6,00 t 61.00 t ACTUAR. 6700 61,60 18,00 ACTUAR. DEC 31, DEC 33, t DEC 31, t DEC 31, DEC 31, t DEC 31, t DEC 31, DEC 31, DEC 31, DEC 31, 1982 1986 1986 t 1986 t 1990 1990 t 1990 t 1994 1994 1994 1994 ......•....... .. .. t --- -- --- t -------- -------- t -------- t -------- -------- --------- -- ----------- 4 t s s t s x s Assets, End of Year 2T1,414 405,215 405,215 t 405,215 t 558,573 558.611 t 551,617 = 713,889 713.889 713,889 713,889 c t s t Accrued Liability (116,106)(486,106)(524,693) t (668.626) t (668,626)(318,2801 t (893,260) t (893,260)(920.351) (979,299) !1.038,241! • Annual Normal Cost 0 (53-884) O e 0 s ---- --- (56,7601 ------- O t ----- - -- t 0 --- ---- t (66,640) t -- ------ 0 ------- -- 0 -- 0 c x t s Unfunded Accrued Liability (215,232)(139,315)(139.418) t (263,411) t 1166,1091(219,5231 t (334,513) t (246,011)(206,468) 1265;410) i321,952t c s t x s Funded 56.786 74,41% 13.23% t 60.60% t 77.02% 31.79% t 62.541 t 71.37% 13.57% 12.901 68.16% • ACTUARYI NO RATE INCREASE PROJECTION • Assets, Beginning of Year Revenues: Investment Earnings State 2% City Contribution Rural Contribution Expenditures: Pensions Funeral Benefit • Actuarial Fee All Other Assets, End of Year Accrued Liability Annual Normal Cost DEC 31, DEC 31, DEC 31, DEC 31, DEC 31, 1994 1995 1996 1997 1998 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- 701,698 713,889 762,139 812,889 863,639 - - - - - -- -- - - - - -- -- - - -- -- -- - - - - -- -- - - - - -- 4,726 50,000 50,000 50,000 50,000 35,287 35,000 35,000 35,000 35,000 15,000 17,000 17,000 17,000 17,000 6,160 3,500 3,500 3,500 3,500 61,173 105,500 105,500 105,500 105,500 46,269 48,000 48,000 0 3,750 3,750 0 2,500 0 2,713 3,000 3,000 48,982 57,250 54,750 -- - - - - -- -- - - - - -- -- - - - - -- 48,000 48,000 3,750 3,750 0 0 3,000 3,000 54,750 54,750 - -- - -- -- - - - - -- 713,889 762,139 812,889 863,639 914,389 ( 920, 357)( 920, 357)(920,357)(920,357)(920,357) 0 (17,192) (34,384) (51,576) (68,768) -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Unfunded Accrued Liability ( 206, 468)(175,410)(141,852)(108,294) (74,736) -- - - ---- -- - - - - -- - ----- -- -- - - - - -- -- - - - - -- -------- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- % Funded Annual Contribution State 2 %, City 8 Rural • 77.57% 82.81%, 88.32% 93.84% 99.35% - - -- - -- - - - - - -- - - -- - -- - - - - - -- -- - - - -- ------- - - - - - -- - - - - - -- - - - - - -- - - - - - -- 42,980 42,980 42,980 42,980 -- - - - - -- - --- - - -- -- - - - - -- -- --- - -- -------- -- - - - - -- -- - - - - -- -- - - - - -- 55,500 55,500 55,500 55,500 -- - - - - -- -- - - - - -- -- - - - --- -- - - - - -- -------- -- - - - - -- -- - - - - -- -- - - - - -- • ACTUARY2 50 CENT RATE INCREASE PROJECTION • • DEC 31, DEC 31, DEC 31, DEC 31, DEC 31, 1994 1995 1996 1997 1998 - - - - - -- -- - - - - -- -- - - - - -- -- -- - - -- -- - - - - -- Assets, Beginning of Year 701,698 713,889 758,714 806,039 853,364 Revenues: Investment Earnings State 2% City Contribution Rural Contribution Expenditures: Pensions Funeral Benefit Actuarial Fee All Other 4,726 50,000 50,000 50,000 50,000 35,287 35,000 35,000 35,000 35,000 15,000 17,000 17,000 17,000 17,000 6,160 3,500 3,500 3,500 3,500 61,173 105,500 105,500 105,500 105,500 46,269 51,425 51,425 51,425 51,425 0 3,750 3,750 3,750 3,750 0 2,500 0 0 0 2,713 - - - - -- -- 3,000 - - - - -- 3,000 -- - - - - -- 3,000 -- - - - - -- -- 3,000 - - - - -- 48,982 - - -- -- -- 60,675 - - - - -- -- 58,175 - - - - -- 58,175 -- - -- - -- -- 58,175 - - - - -- Assets, End of Year 713,889 758,714 806,039 853,364 900,689 Accrued Liability ( 979, 299)( 979, 299)(979,299)(979,299)(979,299) Annual Normal Cost 0 (18,261) (36,522) (54,783) (73,044) -- - -- - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Unfunded Accrued Liability ( 265, 410)( 238, 846 )(209,782)(180,718)(151,654) - - - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- -- - - -- -------- -- --- - -- - - -- - - -- -- - - - --- -- - - - - -- % Funded Annual Contribution State 2 %, City & Rural 72.90% 77.48% 82.31% 87.14% 91.97% - - - - - -- - - -- --- - - - - - -- - - -- - -- -- -- - -- ------- - - - - --- - - - - - -- - - - -- -- - - - - - -- 46,507 46,507 46,507 46,507 -- - - - - -- -- - - - - -- -- - -- - -- -- - - - - -- -------- -- - - - - -- - - - - - - -- -- - - - - -- 55,500 55,500 55,500 55,500 -- - - - - -- -- - - -- -- -- - - - --- -- - - ---- -------- -- - - - - -- -- - - - - -- -- - -- - -- • ACTUARY3 • Assets, Beginning of Year Revenues: Investment Earnings State 2% City Contribution Rural Contribution Expenditures: Pensions Funeral Benefit Actuarial Fee All Other $1.00 RATE INCREASE PROJECTION DEC 31, DEC 31, DEC 31, DEC 31, DEC 31, 1994 --- - - - - -- ----- 1995 - - - - -- 1996 ----- - - - - -- 1997 ---- - - - - - -- 1998 ----- - - - - -- 701,698 713,889 755,289 799,189 843,089 4,726 50,000 50,000 50,000 50,000 35,287 35,000 35,000 35,000 35,000 15,000 17,000 17,000 17,000 17,000 6,160 3,500 - - - - -- ----- 3,500 - - - - -- ----- 3,500 - - - - -- ----- 3,500 - - -- -- -- - - - - -- ----- 61,173 -- - - - - -- ----- 105,500 - - - - -- ----- 105,500 - - - - -- ----- 105,500 - - - - -- ----- 105,500 - - - - -- 46,259 54,850 54,850 54,850 54,850 0 3,750 3,750 3,750 3,750 0 2,500 0 0 0 2,713 3,000 - - - - -- ----- 3,000 - - - - -- ----- 3,000 - - ---- ----- 3,000 - - - - -- -- - - - - -- ---- 48,982 -- - - - - -- ----- - 64,100 - - - - -- -- 61,600 --- - - - - -- ----- 61,600 - - - - -- -- 61,600 --- - - - - -- Assets, End of Year 713,889 755,289 799,189 843,089 886,989 Accrued Liability (1,038,241) (1,038,241) (1,038,241) (1,038,241) (1,038,241) Annual Normal Cost 0 ----- - - - - -- ----- (19,329) - - - - -- ----- (38,658) - - - - -- ----- (57,987) - - - - -- ----- (77,316) - - - - -- Unfunded Accrued Liability (324,352) (302,281) (277,710) (253,139) (228,568) % Funded 68.76% 72.75% 76.98% 81.20% 85.43% Annual Contribution 46,507 46,507 46,507 46,507 State 2 %, City & Rural ----------- 55,500 ----- - - - - -- ----- -- 55,500 ---- -- --- -- - - -- 55,500 - ---- - - - - -- ----- -- - - -- ----- 55,500 ----- - --- -- - - - - -- • HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION PENSION SCHEDULE 10 -01 -95 • AMOUNT YEARS PER YEAR MONTHLY ANNUAL SERVICE ---- - - - - -- - % - - - - -- SERVICE ---- - - - - -- PENSION ----- - - - - -- PENSION ----- - - - - -- 10 60 $8.00 $48.00 $576.00 11 64 8.00 56.32 675.84 12 68 8.00 65.28 783.36 13 72 8.00 74.88 898.56 14 76 8.00 85.12 1,021.44 15 80 8.00 96.00 1,152.00 16 84 8.00 107.52 1,290.24 17 88 8.00 119.68 1,436.16 18 92 8.00 132.48 1,589.76 19 96 8.00 145.92 1,751.04 20 100 8.00 160.00 1,920.00 21 100 8.00 168.00 2,016.00 22 100 8.00 176.00 2,112.00 23 100 8.00 184.00 2,208.00 24 100 8.00 192.00 2,304.00 25 100 8.00 200.00 2,400.00 26 100 8.00 208.00 2,496.00 26 100 8.00 208.00 2,496.00 28 100 8.00 224.00 2,688.00 29 100 8.00 232.00 2,784.00 30 100 8.00 240.00 2,880.00 • HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION PENSION SCHEDULE 10 -01 -95 0 AMOUNT YEARS PER YEAR MONTHLY ANNUAL SERVICE ---- - - - - -- % - - - - - -- SERVICE ---- - - - - -- PENSION ----- - - - - -- PENSION ----- - - - - -- 10 60 $7.50 $45.00 $540.00 11 64 7.50 52.80 633.60 12 68 7.50 51.20 734.40 13 72 7.50 70.20 842.40 14 76 7.50 79.80 957.50 15 80 7.50 90.00 1,080.00 16 84 7.50 100.80 1,209.60 17 88 7.50 112.20 1,346.40 18 92 7.50 124.20 1,490.40 19 96 7.50 136.80 1,641.60 20 100 7.50 150.00 1,800.00 21 • 100 7.50 157.50 1,890.00 22 100 7.50 165.00 1,980.00 23 100 7.50 172.50 2,070.00 24 100 7.50 180.00 2,160.00 25 100 7.50 187.50 2,250.00 26 100 7.50 195.00 2,340.00 26 100 7.50 195.00 2,340.00 28 100 7.50 210.00 2,520.00 29 100 7.50 217.50 2,610.00 30 100 7.50 225.00 2,700.00 0 • RESOLUTION This Resolution is made and entered this 26th day of September, 1995. Recitals: 1. Citizens Bank & Trust Company, Hutchinson, Minnesota, has agreed to donate to the City of Hutchinson an electronic bulletin board for installation on municipal property and to assist in the creation of a maintenance fund for said sign; 2. The City of Hutchinson has agreed to accept said donation in the form of a written resolution; NOW THEREFORE BE IT RESOLVED that the Hutchinson City Council, for and on behalf of the residents of the City of Hutchinson and the surrounding communities, gratefully accepts the donation of the electronic bulletin board and further agrees to permit the use of city property for the establishment of said bulletin board at no expense to the Hutchinson Area Chamber of Commerce or any other agency, group or individual. BE IT FURTHER RESOLVED that the Hutchinson City Council, for and on behalf of the residents of the City of Hutchinson and the • surrounding communities, appreciates the generosity of Citizens Bank & Trust Company, Hutchinson, Minnesota, its officers and employees and commends all concerned for their civic involvement in creating a better community. Attest: Gary D. Plotz City Administrator • Marlin Torgerson, Mayor iz� _A, • AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between Citizens Bank & Trust Co., Hutchinson, Minn., a Minnesota banking corporation (hereinafter referred to as `Bank "), and the City of Hutchinson, a municipal corporation, in the County of McLeod, State of Minnesota (hereinafter referred to as "City"). WHEREAS, Bank and City have had discussions concerning the possibility of Bank providing as a gift to City a Community Events controlled sign to be located on City's property; WHEREAS, City is desirous of having said Community Events sign in its possession and located on its property; WHEREAS, Bank desires to provide as a gift to City the said Community Events sign; WHEREAS, Bank and City now desire to reduce their declaration of gift and acceptance of gift to writing. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, it is agreed as follows: • 1. Bank agrees to make a gift to City of a Community Events sign similar to the one shown on Exhibit A to this Agreement which is attached hereto and incorporated herein by this specific reference. 2. Bank and City agree that Bank shall enter into a contract with the sign vendor for a sign to be constructed for the approximate sum of Forty -Five Thousand Dollars ($45,000.00) and that Bank shall be responsible for all construction costs of said sign. 3. City agrees to accept said sign as a gift following completion of the construction of said sign and City shall be responsible for all permits related to the construction of said sign and for all electrical and any other hook -up charges or fees associated with said sign. 4. City agrees that Bank shall have the sole and exclusive advertising rights on and upon said sign and that all advertising on and upon said sign shall be pursuant to the directions and instructions of Bank. 5. It is agreed and understood by Bank and City that the obligation of Bank shall not be beyond the gift as specified herein. City shall own and assume all liability with respect to said Community Events sign. 6. It is agreed and understood by Bank and City that Bank shall have no liability for any • message appearing on said Community Events sign and that City agrees to indemnify and hold harmless Bank concerning any message contained on said Community Events sign. /6'_,� 7. It is distinctly agreed and understood by Bank and City that it is the purpose and intention of Bank to vest all incidents of absolute ownership of the Community Events sign in City • from the date of completion of construction of said Community Events sign 8. This Agreement shall inure to the benefit of and be binding upon the parties named herein and upon their respective successors and assigns. IN WITNESS WHEREOF, the parties have hereto caused this Agreement to be duty executed as of the date and year first above written. Citizens Bank & Trust Co., Hutchinson, Minn. I: T. A. Burich Its President City of Hutchinson, a Municipal Corporation m Gary D. Plotz Its City Administrator • 0 2 ::..:.. •;.;_ �� _ _ ..`r _ _ ..r _ _ r. a�: ;y1�i per._, .,._ COUNTY OF McLEOD l HIGHWAY DEPARTMENT _ 5;-:P 14 1391 Oeptember 13, 1995 TO: Cities of McLeod County Townships of McLeod County J TO WHOM IT MAY CONCERN: \ As you may be aware, there is an organization called the Southwest Corridor Transportation Coalition which is a nonprofit corporation composed of individuals and representatives of units of government and businesses which are served by Trunk Highway 212 and which support improvements to Trunk Highway 5 and construction of a new Highway 212 between Interstate Highway 494 and Cologne. During 1994 and 1995, the Coalition has continued to work with both state and federal representatives, as well as prosecuting an application to the United States Congress for demonstration funds. However, they were able to secure a $75,000 grant from the Minnesota Department of Transportation to fund a feasibility study concerning the possibility of constructing Highway 212 as a toll road. That study has now been completed and has been submitted to MnDOT for its future consideration. MnDOT is now soliciting proposals from toll developers for projects. They are hopeful that T.H. 212 will be included in such a proposal. While they are not anxious to have the first toll road in the state, they are zealously attempting to pursue all alternate sources of financing as a way of tempting to move the T.H. 212 project forward. The coalition nee resolutions of supporf�rom as many counties, cities and townships as possible s or IPig the 212 project, even as a toll road. Information is being brought by the Coalition to Glencoe for the benefit of the McLeod County Board and city and township representatives. You will be asked to send in resolutions of support. My feeling is this meeting will help everyone understand what is going on. Please try to attend. County Courthouse Commissioners Room September 26, 1995 1:00 PM Thank you. ince el / Richard jona�as, P.E. McLeod County Engineer cc: McLeod County Commissioners Joe Culhane, County Administrator Bob Johnson • 2397 Hennepin Avenue North • P.O. Box 236 • Glencoe, Minnesota 55336 (612) 864 -3156 • FAX (612) 864 -1302 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER / C/ - A to ASSESSMENT SEARCH CITY OF HUTCHINSON 111 HASSAN STREET SE, HUTCHINSON, MN 55350 612 234 -4209 DATE RECEIVED: 08/02/1995 TIME RECEIVED: ORDERED BY: JOE KRAMM CONTACT PHONE 612 -693 -7172 CONTACT ADDRESS: 145 S. HOLCOMBE FAX NUMBS& LITCHFIELD MN 55355 PROPERTY INFORMATION PROPERTY ADDRESS: 720 ATLANTA AVENUE SW LOT: 3 BLOCK: 2 ADDITION: PADEN'S FIRST ADDITION CITY PID NO: 12- 116 - 30-08 -0060 MCLEOD COUNTY PID NO. 23. 316.0060 OWNER'S NAME: J & S INVESTMENTS OWNER'S MAILING ADDRESS: IN ON MN 55350 ASSESSMENx` INFORMATION ' SPECIAL ASSESSMEtM: I have caused examination of the records in the Office of the Director of Engineering as to above-described Assessments against the aboveescribed real estate, and to the best of my knowledge and belief, assessments in the amount Of $ 22,563.00 * are charged, and as yet unpaid against the real estate. In addition, the amount certified to the County Auditor for collection in 1995 is approximately S . (See attached printout.) 12EFERRED ASSESSMEN'T'S: There IM/ are no deferred assessments against the above-described real estate, totaling $ in principal and interest through (see attached worksheet). IF NOT PAID BY THIS DATE, YOU MUST CONTACT THIS OFFICE AT LEAST 48 HOURS PRIOR TO CLOSING TO HAVE INTEREST REFIGURED. PENDING ASSESSMENT'S: (Project has been initiated by Council Resolution): K NO, YES COMMENTS: * AS PER AGREEMENT APPROVED BY COUNCIL 6-27 -1995, ASSESSMENTS AS LISTED ON ATTACHED COMPUTER PRINTOUT, DATED 8 -2 -1995, ARE REDUCED TO $22,563.00 WITH PAYMENTS SPREAD OVER 7 YEARS, BEGINNING IN 1996. SEE ATTACHED COMPUTER PRINTOUT FOR ASSESSMENT DETAILS AND ADDITIONAL COMMENTS. MISCELLANEOUS NO IC YES UNKNOWN NOTE: T e Su ivision Agreement may contain restrictions on t eta property or may contain procedures for assessing the cost of improvements against the property or may otherwise affect your use and enjoyment of the property. If the Subdivision Agreement is not on record against the property at the County, a copy an be secured from the City at a nominal cost. UNPAID BILLS: Water Bill % No Yes Amount S Tree Removal X No Yes Amount S Weed Cutting No —� Yes Amount S 135.2 995 Other % No Yes Amount $ Utility billings and current service charges will be computed as soon as a final reading is r uested by the pro rty owner. DISCLAIMER Neither the City of Hutchinson nor its em loyees guarantee the accuracy of the above info Lion. In consideration for from supplying the indicated information in the form set forth above any cla the City its employees arising this 's be assessment search is hereby expressly waived. Also, be advised t)tat the Audi Office should checked for any assessment that might be of record. DATED: 08/18/1995 /P -74 PRtvCRTY DATA SYSTEM ;iiii; ii i;ii; "v •a ;;;3ii ;i; ;i;iW TAXPAYER INQUIRY "U-F:i 319 PR& RTY Ill :NEXT 12- 116-'30- 08 -MOGO A;; ;;;;;;;2 Pt. Con: Mt.Adr: 1- 1OUSE# FRACTION ST1 ;= NAPE UNIT ZIP+4 Front: Back: 720 1/ ATLANTA AVE E5!i 0 Right: Left: • Omwrl: J &S INVESTMENTS Oomer3: Om-*--r2 s Owne-r4: Zoning: Prim /sec: Yr.blt: 0000 Area: Acres: Sch.Dst: 423 Wshd: 00 G'r /Os/Ex: Subrecss 00 Width: Depth: •• a111afaaaal afa7la of afa aafaf aaaf alaafa laafalafaaaa al al lla1111faaaf aaf aaf afafa M4 t -Land PFf.t -Bldg PFct -Mach Mkt -Tot Tx Capacity Hd PT XO.m 1990: 1989: Legal Description: LOT 3 BLOCK 2 Q ii❑❑ FVXEN FIRST ADD SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 08/02/1995 ::RVPERTY IDs 12-116-30-M-0060 SEE COMMENT NTS S /A# ASSESSMENTT DESCRIPT. YEAR TM FgTE TOTAL ANN. PRIN- PAYOFF CD SA --103 CUB, GUTTER &SUEFACE 1981 10 10.5000 4315.67 431.57 X9.49 � SA, -121 WATERMAIN 1981 10 7.0000 14695.70 1469.57 G e SA-122 STORM SEWER 1981 10 7.0000 1813.39 181.34 ��� l o I �/j� S44-123 CLF1B&WFIER &S ACE 1961 10 7.0000 1738.24 173.82 I��C 1. SA-149 BIT.SUFFACING 1982 10 10.5000 3725.89 372.59 UrfU �4A -150 BIT.SURFACING 1982 10 10. 000 2065.18 206.52 SA-159 CIM- GUTTER-BRSE 1983 10 9.1000 3704.37 370.44 CIO O�/o 54x270 BIT.E7�SE/4�AF: COURSE 1991 10 6.1800 714.18 71.42 r,0 • SA -278 STOFTVSAN.SEW/WATERM 1992 10 5.25,.00 3744.28 374.43 3� a• SUMMARY OF LEVIED 36516.90 3651.70 +� 1735 P &I CERTIFIED 4107.41 SU V1ARY OF DEFETT%ED 0.00 - SUMMARY OF CLOSED 0.00 SUMMARY OF HISTORY 0.00 FffiOFIERTY DATA SYSTEM : F•ress ENTER; or F1, F4 $P£5iAE7As§ksSMENT COPI ENTS INQUIRY :CLF%R 332 PFLTERTY ID :NEXT 12- 116- 30- 08- {- jFJE,O A i ; i ;iii ; ; 2 C 0 M 11 E N T S 198+ -1992 Weed Cutting - $235.19 s F•ress F1, F2, F5, F8 • 0 TAX FORFEIT COMPUTATION 103 7.60% 1985 121 7.60% 1985 122 6.20% 1986 123 6.20% 1986 149 6.71% 1988 150 6.71% 1988 159 6.31% 1989 270 5.40% 1994 278 10.50% 1981 4315.67 14695.7 1813.39 1738.24 3725.89 2065.18 3704.37 714.18 3744.28 36516.9 0 22563 7 YEARS 2,666.56 9,080.15 1,120.45 1,074.02 2,302.15 1,276.03 2,288.85 441.28 2,313.51 22563 • CITY COUNCIL MINUTES - JUNE 12, 1995 Mr. Rick Larson presented a report on the community bike survey which was conducted about two months ago. He stated there was a 19.5 percent response to the survey. (b) PRESENTATION TO OFFICER MARK SHOUTZ AND CANINE DON Mayor Torgerson presented Officer Mark Shoutz and Canine Don with a Resolution of Recognition for their outstanding performance in the narcotics detection certification program. 7. RESOLUTIONS AND ORDfVAVCFC -- SEE CONSENT AGENDA 1►1 hl • b (a) CONSIDERATION OF PADEN FIRST ADDITION ASSESSMENT ISSUE (MARK SCHANTZEN) (DEFERRED MAY 23, 1995) • City Attorney Anderson stated the City had two options to resolve the issue concerning Lot 3, Block 2, Paden First Addition, namely: (1) follow through on the City's initial proposal of approximately $21,000.00 worth of assessments payable over seven years with such minor modifications as the parties are willing to enter into; or (2) propose to purchase the lot for approximately $1,500.00. Since he did not foresee any reason for the City to purchase Schantzen's tax forfeit property, he advised the Council to consider the reduced assessment of $22,563.00 to be reassessed to the property over seven years. • Following discussion, Council Member Craig moved to reduce the assessments down to $22.563.00, seconded by Council Member Erickson and unanimously carried. 9. NF.1XBUSl`NESS (a) CONSIDERATION OF AWARDING SALE OF 1995 GENERAL OBLIGATION IMPROVEMENT BONDS AND HATS FACILITY BONDS Bond Consultant Steve Apfelbacher presented the results of the bond bids opened this afternoon. He recommended awarding the sale for the $4,185,000 G.O. Improvement Bonds, Series 1995A to FBS Investment Services, Inc. and the sale for the $1,500,000 G.O. Bonds, Series 1995B to Cronin & Company, Inc. 97 LI DAVID B. ARNOLO SEVEN A. ANDERSON G_OARRY ANOERSON* STEVEN S. HOGE LAUMA K. FRETLAND DAVID A. 9RUEGGEMANN PAUL D. DOVE" 4 CHARD D. McGEE CATHRYN D_REHER GINA M. ORANDT ORETT O. ARNOLD ARNOLD. ANDERSON & DOVE 0ROFES510NAL LII.ITEO NAMILITY RARTNEI.f HIR ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 16121 567.7575 FAX 16121 517 -4096 RESIDENT ATTORNEY G. @ARMY ANDERSON June 8, 1995 Mr. Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 OF COUNSEL RAYMOND C. LALLIER SANE VAN VALAENOLIRG Seal CEDAR LAKE ROAD MINNEAROLIS. MINNESOTA 55, 6 16121545.9000 FAX -6121 545 -1793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 5537, ,sit) 38"114 FAX 16121;•¢5506 RECEIVED %1L1 %1 d 1595 CITY OF HUTCHINSON RE: Mark Schantzen Matter Our File No. 3188 -94262 Dear Gary: I write to you today regarding the Paden's Addition problems, an issue that was discussed at the last City Council meeting and deferred to this Monday evening's meeting. Various Council members wanted additional information and this correspondence is designed kO provide that information. ,John Rodeberg can give you more detail regarding problems associated with the assessment searches, but I believe I can provide enough background so that the Council can at least make some decisions. I am enclosing for your review and the review of the City Council, the following documents: 1. My correspondence dated May 19, 1995; 2. My correspondence dated April 7, 1995; 3. John Rodeberg's letter dated March 22, 1995 including the two assessment searches referred in said letter; 4. A copy of Pete Kasal's letter dated May 9, 1994; 5. A copy of Pete Kasal's letter dated April 4, 1994; • 6. A copy of the memorandum from John Rodeberg dated December 7, 1992. *CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE OAR ASSOC'ATION /1 - TT "CERTIFIED AS A REAL PROPERTY LAW SPEC'.AUST BY THE MINNESOTA STATE SAM ASSOC AT ON �/ / 1 1 Mr. Gary Plotz June 8, 1995 page 2 Looking at all of these documents in chronological order, it seems reasonable to conclude that the owners who purchased the property at the county auction did so initially because of the representations made by the City that the assessments were in the neighborhood of $21,000.00 and I think it reasonable that the City take some appropriate action relative to this particular lot even if it does nothing relative to other lots. As I outlined in prior correspondence, the City has, in my view, two options. It can either follow through on its initial proposal, approximately $21,000.00 worth of assessments payable over seven years with such minor modifications as the parties are willing to enter into or, alternatively, the City could propose to purchase the lot for approximately $1500.00, a price I believe the present fee holders would be willing to accept. If the City chooses to go this route, then the City may wish to consider whether or not it wishes to acquire the other two lots which could be acquired for a fairly modest amount, the lot owned by Mr. Krammer and the lot owned by Mr. Daggett. Otherwise, these properties are simply going to march through the forfeiture process and will have zero developmental potential. A question was raised regarding the Word of Life agreement and for • the information of the Council I am enclosing a copy of that agreement as executed by the parties as well. Thank you. Best regards. Very t y you ARN DERSO DO P.L.L. P. rry Anderson GBA /es cc: John P. Rodeberg (without enclosures) 41 E • Ll DAVID B. ARNOLD' STEVEN A. ANDERSON O. BARRY ANOERSCN' STEVEN S. HOGC LAURA K. FRCTLAND DAVID A. BRUEGOCMANN PAUL D. DOVE'S RICHARD O. MCOCC CATHRYN D. REHER OINA M. BRANDT BRETT D. ARNOLD .100 IcIl nEP 1N .C.s..e .E- •o.. ARNOLD. ANDERSON & DOVE PRGFESSIONAL LIMITEO L1AGILITT •A.TnCwSH1• ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350-2563 (612) 587.7 57 5 FAX 16121 587.4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY O. BARRY ANDERSON May 19, 1995 OF CCLNSE_ PAYMCND C. _A_, ER JANE V.N '_- v *EN11.16 5881 CE7AR LAKE ROAD MINNEAPOLIS. M NNCSOTA 55''e 161215.5.9000 FAX 16 21 5.5 -1793 501 SOUTH FOURTH STREET PRINCETON. M.NNESOTA 55371 161 21 319221 4 FAX 1612: 369-SSC5 Re: Paden's Addition Assessment Issue Our File No. 3188 -94262 Dear Gary: I believe I corresponded with you on this matter a few weeks ago. As you may recall, John Rodeberg and I had a meeting with Pete Kasal regarding assessment problems in Paden's Addition. I would like to have this matter placed on the agenda for the next regularly scheduled City Council meeting as I believe we do owe Mr. Kasal a response to his request. He has pointed out that the present level assessments, plus soil correction costs, makes the property that he purchased virtually undevelopable. He also has some issues relating to the matter in which certain assessment searches were handled. As I see it, it appears that the Council has three choices. First, the Council can choose to do nothing, leaving the present assessments in place with interest continuing to accrue. In the near term, under this scenario, it is unlikely the property will develop. Second, the Council can engage in a land write down program to reduce the assessments to a level more consistent with the value of the property and the expense of constructing buildings on the property. As you may recall, significant soil problems are present with respect to many of the lots. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION —CERTIFIEo AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR AS30CIAT CN Mr. Gary D. Plotz May 19, 1995 Page 2 The third possibility is to have the City make a one time, non negotiable, offer to purchase the property. In the case of the property in which Mr. Kasal has an interest, the offer would likely be in the $2,000 range which is just slightly more than the investment made by Mr. Kasal and his partner. The upside of this proposal is that the City would control development of the site. The downside is that the City would probably need to extend similar offers to other property owners in the interests of fairness. I believe John Rodeberg can furnish you with additional information regarding the status of assessments against the various lots and some of the history of this whole transaction. Since Mr. Kasal has been patiently waiting for the City to decide, even if the decision is to do nothing, I would like to have this matter considered at the May 23rd City Council meeting. Thank you for your attention to these matters. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm • 11 • Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Paden's Addition Our File No. 3188 -94262 Dear Gary: • This letter confirms our conference of this past Thursday. As you know, John Rodeberg, myself and you met to discuss the status of assessments in Paden's Addition. We have received a request from Attorney Pete Kasal, representing Mark Schantzen, for a very substantial reduction in the assessments on one of the lots so that development of the property becomes feasible. I am advised that the lot in question, Lot 3, Block 2, has approximately $36,000 in assessments and also may have soil correction problems. Lot 4 in the same block, owned by Joe Krammer, also has substantial assessments and apparently has severe soil correction problems. U There is significant confusion with respect to the Schantzen property as to whether or not Schantzen received correct information regarding the status of the assessments. John Rodeberg prepared a detailed letter outlining some of the history of the assessment searches regarding this property, but in summary, it appears at least possible that Schantzen might have been cognizant of an assessment search setting forth an assessment in the amount of approximately $22,000 as opposed to the actual assessment amount. Regardless, there are a variety of problems associated with the assessments in this subdivision. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 7j 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BT THE MINNESO-A STA'f BAR ASSOCIATION 1✓ '" ARNOLD, ANDERSON & DOVE pROIC5510 M.L LI..Ii[D CIAB�L�"Y P.P.h[PSwip • ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHiNSC N MINNESOTA 5 5 3 50 -2 563 STEVEN A. ANDERSON , OF COUNSEL G. SAPPY ANDERSON' 16121 587-757S QAYMONO C LAL —ER JANE VAN VALKENBURG STEVEN 5, HOGE FAX 16121 5874096 — LAURA gC7L1ND 5BBI CEDAR LAKE ROAD A. DAVID VfO A. BRUEGGEMANN PAUL D.DOVE- RESIDENT ATTORNEY MiNNEAPOL;5, MINNESOTA 554 c RICHARD G. MCGEE G, BARRY ANDERSON X6121 545.9000 FAX 161 21 5 4 3 -1 7 9 3 CATHRYN O. RCHCR GINA M. BRANDT 501 SOUTH FOURTH STREET ORCTT O. ARNOLD PRINCETON, MINNESOTA 553 )1 use AC H1ntP IH .[vA... ... .o A. April 7, 1995 16121309-2214 FAX 16121 309.5506 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Paden's Addition Our File No. 3188 -94262 Dear Gary: • This letter confirms our conference of this past Thursday. As you know, John Rodeberg, myself and you met to discuss the status of assessments in Paden's Addition. We have received a request from Attorney Pete Kasal, representing Mark Schantzen, for a very substantial reduction in the assessments on one of the lots so that development of the property becomes feasible. I am advised that the lot in question, Lot 3, Block 2, has approximately $36,000 in assessments and also may have soil correction problems. Lot 4 in the same block, owned by Joe Krammer, also has substantial assessments and apparently has severe soil correction problems. U There is significant confusion with respect to the Schantzen property as to whether or not Schantzen received correct information regarding the status of the assessments. John Rodeberg prepared a detailed letter outlining some of the history of the assessment searches regarding this property, but in summary, it appears at least possible that Schantzen might have been cognizant of an assessment search setting forth an assessment in the amount of approximately $22,000 as opposed to the actual assessment amount. Regardless, there are a variety of problems associated with the assessments in this subdivision. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 7j 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BT THE MINNESO-A STA'f BAR ASSOCIATION 1✓ '" Mr. Gary D. Plotz April 7, 1995 Page 2 • My suggestion is that the City acquire these two lots, if it can be done on an extremely economical basis. I have reason to believe that the Schantzen property could probably be acquired for something in the neighborhood of $1500 and I would presume that a similar amount could be offered to Mr. Krammer for his property. Before making the offer, we would want to review the status of title with respect to these property, particularly since there is at least some indication that the FGIC may have a claim to all or a portion of the subject property. However, this would allow the City to use the Krammer property as a wetlands area and perhaps, at some point in the hypothetical distant future, the Schantzen property could be developed. Once we acquire the property, the issue of assessments largely disappears. We might also want to consider acquiring the Daggett property which suffers from some of the same circumstances. That property is a metes and bounds described parcel of Lot 4, Block 3 and is adjacent to the Word of Life real estate. It is my understanding that this item is going to be placed on the City Council agenda next Tuesday evening for discussion. If I can • provide any additional information, please do not hesitate to contact me. Thank you. very truly yours, ARNOLD, ANDERSON 6 DOVE, P.L.L.P. G. Barry Anderson GBA :lm • C March 22. 1995 Mr. G. Barn, .Anderson, Hutchinson City .Attorney Arnold, Anderson & Dove 101 'Main Street South Hutchinson. M\ 55350 RE: Mark Schantzen,Paden's Addition, Lot 3, Block 2 City P1D 12- 116 -30 -08 -0060 Dear Barry: Mr. Ken Merrill, Finance Director Hutchinson City Center 1 I I Hassan Street SE Huthcinson. !vfN 55350 -25'2 I sincerely apoligize for letting this matter slip. I believed that we had responded to the concerns and questions expressed by Mr. Kasal. There was extensive discussion of the situation with you and City staff in May of 1994 and earlier, and although I thought the matter had been clarified • we apparently never formally responded. I am sorry for the mistake. Attached please find two Assessment Searches for the above referenced property, and related correspondance with Mr. Kasal. The first Assessment Search. dated H 13/92, was prepared prior to certification by the County Auditor on November 30, 1992, and therefore had not yet been updated for 1993. A notification of this was typed on the Assessment Search. If you look at the second page of the Search, the computer printout notes that the tint four Assessment Rolls were clear (CL), while the next two were in their last year (LY). This implied to us that assessments had been paid, and therefore these costs were not included in the Assessments noted on the front page. Also note that the spreadsheet attached to Mr. Kasal's letter of April, 4, 1994 was for Lot 2, not Lot 3, and included incorrect calculations. The second Assessment Search was completed on 1123 %92, after certfication by the County Auditor, and clarification was made that the property was in fact tar forfeit, and that the assessments had not been paid (please note that all rolls noted now have a TF code). R'e therefore revised the Search to note that these assessments had. in fact, not been paid. We included a spreadsheet noting the assessments currently due, and notes regarding how the assessment was calculated. Cin Center 1 I I Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks 6 Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 --12'40 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2241 Fax ( 612) 587 -6427 Page ' - 801n $CIiJnCUr Len,r 1larch : 199) Also find attached an "Agreement of Reassessment" completed in March of 1993 but never • executed. In conclusion. it appears as if many factors have created confusion regarding this matter. The three of us- and potentially Pete Kasal and Pat VanderVeen, should sit clown as soon as possible to review the issues that have arisen. Please let me know if %ou have any other questions or comments. S inc.&e I John P. Rodeberg, . Director of Engineering Public %k rks cc: Gary Plotz - City Administrator Cal Rice - Assistant to Cin Engineer file: PID file G rA S SESS'.SCHZ -LET. w'PD CJ 11 L )OHN E KEEFE PETE LASAL Mr. Barry Anderson Hutchinson City Center 111 hassan St. SE Hutchinson, MN 55350 Dear Barry: KEEFE & KASAL ATTORNEIS AT LAW 246 MAC! STREET SOLTH P.O. BOY 220 HCTCHIN'50N, M1tiN'E50TA 5S350 PHONE 667.2163 AREA CODE 6)2 May 9, 1994 RE: Mark Schantzen Our File No. 94 -5223P If you will recall, I contacted you approximately a • month ago regarding the purchase of a lot by Mark Schantzen. This lot is located on the south end of Hutchinson adjacent to the Champion Auto Store. Mr. Schantzen purchased the lot on a tax forfeiture sale through McLeod County. Prior to purchasing the lot in November 1992, he contacted the City of Hutchinson to determine the amount of assessments against the lot and he received an assessment search from the City of Hutchinson. Because he didn't entirely understand hcw the assessment search read, he contacted the City Engineer, Mr. Rodeberg to advise him as to the total amount of delinquent assessments against the lot. In December 1992, Mr. Rodeberg wrote a letter to Mr. Schantzen describing the total assessments of approximately $23,000.00 against the property. Based on that information, Mr. Schantzen purchased the lot in March 1993. Following his purchase of the lot, he received a tax notice from the City of Hutchinson indicating assessments against the lot in excess of $32,000.00 and also a proposal for an extended period to pay the back assessments. He has now received another notice in 1994 indicating $37,000.00 in assessments. The last time that we talked, I believe that you mentioned that you were going to talk to Mr. Rodeberg about this • particular problem. Obviously this lot is not worth ;37,000.00 'I — Mr. Barry Anderson May 9, 1994 PagP 2 and was purchased because the City indicated only $23,000.00 of • assessments was placed against the lot. Could you please let me know if the City has a proposal for a solution of this problem. PJK:ly F Sincerely yours, - KEE 5 KAS' - -- ' ��Pet? asa • • • KEEFE & KASAL ♦TTORNEIS AT LA" :K MAIN STREET SOL TH P O BOX ;70 HLTCHINSON, WI NESOTK 55550 :OHN E KEEFE PETE K�SAL PHONE A- KRE♦ CODE 6I] April 4, 1994 Mr. John Rodeberg City Engineer Hutchinson City Center 111 Hassan St. S.E. Hutchinson, MN 55350 RE: Lot 3, Block 2, PADEN FIRST ADDITION Dear John: I just want to confirm our telephone conversation of last week. I talked to Mark Schantzen, who purchased the above lot from the tax forfeiture rolls in February, 1993. Prior to that, it is my understanding he made a number of inquiries to the City of Hutchinson to determine the amount of assessments against the lot. I am enclosing a copy of the print -out and the letter he obtained in November and December, 1992. As I explained to you over the phone, the original assessment search provided by the City and your letters indicated approximately ;21,000.00 in assessments against the lot. The Agreement he received in March of 1993 for reassessment of the property listed the total special assessments by the City at $34,000.00. The latest real estate tax notice places the special assessments at over $35,000.00. The tax notice also requires that the taxes be paid in full this year, $18,000.00 on May 15 and $18,000.00 on October 15. If the taxes aren't paid by May 15, obviously there is another 108 penalty. We are rapidly approaching the $40,000.00 mark for this piece of property. As you can well understand, adding an addi- tional $20,000.00 for lot purchase does not make our project feasible, and it is my belief that this lot is not worth $40,000.00. It is my understanding you are going to discuss this with Mr. Merrill and also, possibly the City Council, in order to resolve the issue of these special assessments. I would appre- ciate it if you could get back to me by April 15 so that we have some time to put a potential agreement together. 0 Thank you. PJK:11 Sincerely yours, KEEj'E X(AS,g��l, Pete- Kasa1 �jl� /V1� /J P R O P E R T Y I x r �o A S S E S S . K !r T :a ASSESSMENT SEAR`.; CITY Or HUTCHINSON 37 WASHINGTON AVENUE NEST, HUTCHINSON, NN 55350 (612) 587 -5151 ORDEREDs DATEe jL/2,L/1992 TINES 10:26 AN BYi JOE RBd?QtE 2313 SO. SKYLINE DKIVE PHONE: 693 -7172 ADDRESSi BURNSVILLE NN 55337 PROPERTY ADDRESS: 720 ATLANTA AVENUE LEGAL DESCRIPTIONi LOT 7 BLOCKa C/O ED IDE, NCLEOD COUNTY AUDITOR, NCLEOD COUNTY OWNER'S }TAILING ADDRESS CDURTBOUSE, 830 -11TH ST. E.; GLENCOE, NN 55336 SPECIAL ASSESSMENTSi I have caused examination to be made of the records in the Office of the Director of Engineering as to Special Assessments against the above - described real estate, and to the best of my knowledge and belief, assessments in the amount of S 34,105.77 are charged, and as yet unpaid against the real estate. In addition, the amount to the County Auditor for collection in 1993 is approximately S TAX FORFEIT PENDING ASSESSMENTSg (Project has been initiated by Council Resolution.) X NO YES IF YES, DESCRIBE, SUBDIVISION AGREEMENT, NO X YES UNKNOWN NOTEf The Subdivision Agreement may contain restrictions on the use of the property c N may contain procedures for assessing the cost of improvements against the property or I may otherwise affect your use and enjoyment of the property. If the Subdivision 8 Agreement is not of record against the property at the County, a copy can be secured C I from the City at a nominal cost. 'L EMPAID BILLSe . WATER BILLi X NO _ YES - AMOUNT S TREE REHOVALs X NO _ YES - AMOUNT S N WEED CUTTINGS NO --L TES - AMOUxT S 235.19 i OTHERs r YES - A14OUNT S O Utility billings and current service chages will be computed as soon as a final reading U is requested by the property owner. 8 COHXENTSs See Comments on attached form, If applicable, D Neither the City of Hutchinson nor Its employees guarantee the accuracy of the above I information. In consideration for supplying the Indicated information In the form set S forth above, any claim against the City or its employees arising from this assessment C search is hereby expressly waived. Also, be advised that the records of the County Auditor hould ecked for any I assessments that might be of record. DATED 12 -31 -1992 CITY E GI SSISTA T CITY ENGINEER PPCPEP-v !p , - . I :LUI(N 12 116- 30- C8 -uoE :NExT A; ; , ; ; -ejJ S E 9 F P A C T ICN ;TPEET NAME UNIT •.C9n: Mt.Adr: i ont 720 I/ 3--A•vTA AVE Sock: e r "N IV T . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A.:! Trg.! :ORE SEE C' ZIE%Tz -j" A: -c ::ME -,T rE T -m P.-- 7,*';,L cc, YA 7 4"Qc T.0 . . . I P T 2, 1 TP T �j r '7 IR 7' TC wr a z z c • 7 a - 7rzm 71 llaQ �,k Tr 7,1 - - - - - - C: f4M A Z tEL C . . . . . . -.QQrn - - - - - - - �--;mya 1;'* ;i mr 0. An A mill A Mn :; Imm A z Y -r PEojrj I N rz nn n 1n n nn cl,mm'd zv n 11. nn n nn T MP y . . . . 0 1 ;jjj�jjj ;E3ROtJPTY rf-j! A AS A nn DATA SYSTEM . . . . . . . . SSMENT COMMENTS :Cu 12-1 *E-30 -O,?--0060 :NEXT C 0 M M E N T S 'AfZ_, CIITTING $ 31.25 1990 WUD CM MW $101.44 1991 WMM CUrrrMC $ 57.50 1992 WMM CVrrnec $ 45.00 ?-A I • l� CITY OF HUTCHIN-90N, 37 WA 4HINCTON AVENUE WEST, HUTCHINSON, MN 55350 (612) 687 -5161 TAX FORE FIE PROPERTY- IA ES NOT PAID IN 1986 PE R CITY POLICY - YFAR TAX, S NOT PAID. INTEREST TO HF ADDED AS POLICY FOR DEFERRED ASSESSMENTS IS COMPUTED INTL14LST RATE FIRST 10 YE \RS AT NET INTEREST ON PONDS - YEARS AFTER AT 5% IIHOPERIYONUMHER 12 111 30 06 0060 PROPERTYADDRESS 720 ATLANTA AVENUE PROPL RT Y DE SCRIP T KA , 013, BLOCK 2. PADEN F IRS T ADDIT ION TOTAL PRINCIPAL AND INTEREST ON ASSESSMENTS ON TAX FORFE IT PROPERTY COMPUTED THRU JANUARY 31, 1993 $431 57 DA TL COMPUTED 1231.1992 7.063 $1,025,87 S4,51527 1.5039 $6,490.14 $649,01 1966 DEFERRED PRINCIPAL ENGINEERING NEWS RECORD 00910) AMOUNT SPECIAL ORIGINAL INTEREST ANNUAL YEARS BALANCE 1992 TOTAL & INTEREST ENRCI FNRCI ENRCI ENRCI DUE ASST SS YEAR PRINCIPAL RATE PAYMENT PAID TO PAY 0.083 INTEREST AMOUNT RATE AMOUNT YEARLY AMOUNT & PAYABLE tiA -103 1981 $4,31567 1050% $431 57 4 $2,58940 7.063 $1,025,87 S4,51527 1.5039 $6,490.14 $649,01 53,691.09 $3,694.09 SA 121 1981 $1469570 700% $1.46957 4 $8,81742 7.083 $477197 $13,169.39 15030 $22,100.21 $2,21002 $13,260.12 $13,189.39 FA 172 1981 $181339 700% $18134 4 $1,08803 7,063 $53918 $1,627.62 1.5039 $2,727.08 $272.71 $1,63625 $1,627.62 ,A 123 1981 $1,73824 700% $1730'1 4 $1,04291 7063 $517.13 $1,660.07 15039 $261106 $26141 $1.58644 $1,660 -07 tiA 149 1982 $3.72-,89 10 50% $37259 3 $2,606 12 7.083 51,939.79 $4,547.91 1.3610 S5.070,94 $50709 $3,649.66 $3,649.66 tiA 150 1982 $206518 1050% $206 S2 3 $1,44563 7083 $107518 $2,52081 13610 $2610.71 $28107 $1,967.60 31,967,50 L:A 159 1983 $3,10431 910% $37044 2 $2,963.50 7083 $101022 $4.67372 12806 $4,74365 $474.37 $3,791.92 $3,791.92 ,,A 210 1991 $71416 618% $7142 0 $11418 1083 $47.81 $761.99 NA NA NA NA $761-99 tiA 276 1992 $3,744 28 525% $374 43 0 $3,74428 0 083 $1638 $3,760.66 NA NA NA NA $3,760.66 S3651690 53 651 69 $25,01351 $12.34384 $37,357.34 434,106.79 CITY or RUTCRIMSON TAX FORFEIT PER CITY POLICY - YEAR TAXES MOT PAID INTEREST TO BE ADDED AS POLICY VON DEVERS96 ASSESSMENT IS COMPUTED RUT 10 YEARS AT MET INTU99T ON WOOS - YEARS AFTER S1 (NOT TO LICKED PSCSEMT DAY COST) TAXES WERE NOT PAID IM 1986 PSOP/R77 10 12- 116 -30 -0/ -00641 IF PAID BY END Of JANUARY 1693 LOT 3 BLOCK 2 13T P ►DEN ADDITION 1690 DS►ES1191) DECIMAL ANNUAL 1966 BALANCE 1892 TOTAL TOTAL ALIT 0.431644 YEAR INT. BA7S AIIDUM7 PAYMENT YEARS PD TO PAY 0.083333 INTESEsT DUE 0.40404141 1981 1.5031155 Real 1.360974 1983 I.28aSSS 143 lost gals% 4315.47 431.S7 4 2,39.40 7.063333 111125.417 4.515.27 3164.095 3,614.01 Alt Rost 7.0% 1449517 11449.57 4 8.617.42 7.0113333 4,371.97 13,189.39 13240.12 13,189.39 122 Joel 7.81 1113.39 111.34 4 1.088.03 7.4117337 539.44 1, 627.52 1#34.245 1.627.62 123 teat 1.0% 1734.24 173.412 4 1,442.04 7.007333 517.13 1,590.67 1666.430 1,s80.47 149 19112 IO.s% 3725.9 372.51 3 2,688,12 7.683333 1,930.79 4,547.91 3549.592 3,941.59 IS0 1942 10.3% 2045.16 206.52 3 1.445.63 7.013333 11075.18 2.328.81 1967.492 1.047.46 Is0 1983 11.1% 3704.37 370.44 2 2,063.38 7.93333 l.SLa.22 4,673.72 3794.1119 3.7S4.112 270 lost S.2% 714.18 71.42 0 714.18 1.083 47.95 742.13 762.13 271 1892 S.25% 3944.28 374.43 a 3,744.28 0.803 16.32 3,760.46 3,768.60 --------- $23.013.51 -- --- ------ 37,367.42 ---- - ------ 34.105.77 ........... 1 c1rY or wrcwlwmt TAX FORFEIT i FOR CITY POLICY - To" TAtn NOT PAID INTEREST IM M ADM AS IMTERESTRD IS ADM FOR DIMES* ASSERLSNT i [Sr 10 YEARS AT MET INTEREST ON BONDS - YEARS ArTM 91 TAME& Una NOT PAID IN IEEE 1' rROr9m 10 12- 670 -20-OA -0050 LOT 2 EIACE 2 I1T PADEN ADDITION 19" NPXXEIO SOS& ORGIMAL AMMAL 1536 EAL.INCE 1002 TOTAL TOTAL ANT 0.611446 YEAR TNT. NATO AMOUNT rATNM YEARS PO TO PAY INTEMST OVE ' 0.604601 1.43 107 3533 1161 10.5% 4315.67 431.97 S 2,157.84 7 1.344.01 3.743.44 2666.701 1.041.70 121 1941 7.09 14615.7 1.461.57 S 7.267.85 7 3.640.65 10.040.30 10101.42 10.507.42 122 1041 7.0% 1012.31 161.14 5 406.70 7 446.28 1,130.40 1211.672 1,144.57 ' 122 1941 7.0% 1738.26 172.02 5 440.12 7 623.67 1,294." 1212.641 1.262.66 Ile 3616 I1S2 10.3% 3725.60 272.36 4 2,215.53 7 1.443.12 3,676.45 3120.767 2,121.74 Igo 1162 16.5% 2063.14 2". S2 4 1,120.11 7 010.74 2,161.05 1736.751 1.756.75 270 1111 6.2Y 714.18 71.62 0 116.18 1 46.21 756." 754." {13,470.32 21,766.61 20,007.02 ........... r 622,266.41 13 TOE AMOUITT WS TO X406 OP TN16 TEAM INCLUDES #Wrn0T AMUSED Taft . 6D Or TEAM 1092 '� FR C CITY OF HuTCHINSON TO 2347333 03 - . P.02� M E H O R A Ii D U H December 7, 1992 To= Hark Schantzen, Schantzen & Schantzen FROM: John P. Rodeberg, Director of Engineering RE. Assessments on Lot 2 /81ock 2 Padens Addition Based on Director, the adjusted dtotal cassessments adue twouldy be he Finance based on the revised City Policy for tax forfeit ties. 7.02 would be able to have these reassessed to the Property You at 7 percent. We will finalize the agreement if erty over 7 years property. you Purchase the <Jj> City Hap 37;Vashington Atrnue West (612)587•SISZ Parks 6 Recreation 900 Harrington Street (611) 357 -2975 Police Department 10 Franklin Street South (611) SSi •Z-)42 (71-4 0 0 0 _ _ .. ............ .. _ ... surer' . S-, '!_.CSC. CCCC ?ri'a: - try: Sc.1._S- ;Z: vj r pa F7: or .= _ -i"a3: __mess _.._,: or F: FZ, r� SFE ? S_SS2 i . EAACH S�Z=. }1v Xz OF : _1/16/199Z ?RC F° -/ -- . .42.1"5- 3v-'!S -::,EO SEE CC.! -SNTS E �;J LJJ�rI _Ex,�'F l�i l �.•� �Z _1 pSJia :.1, -IC3 VJfoF....J.,. _..+J:,._.:__ .._1 i'J 1V.SZOO 4:1 =.0 V._.. J. :C ^ ^1 10 %00 14695.770 G. v J.GV .. 1Z2 _. 5;-=N' SEncz 31 i0 ^., 7.00'0 1E13.39 C.-J O.00 SA-. -. SA- 53 0.5000 Z005. is 2C6.�S -ic3 9 27C4.3' 3 7; 0.;; LN .?L. _7�i .J .i31CO ..1".^7 ...� �7 L.-,. —Lnj n.� - :�. 1992. _ 11.56 _ 4.4: "- ---- Sit? ?O'' CF '-E'!___ 1,35?. ?0 '_OZ.. ••••�• 42.:42 =c: C.3 42:42__ 1:04.36 S*�•XFFY _' :E=_ ==_ 0.00 "v.__ 0.3^ - - -- -- SUMNR: -: :�:r._ 0.00 0. _0 C.0_ ................... .. ^.r�CT7 -ice r:. J. 1'. c^�N, J .._ :! ?SSESS':Z`l- - :ktfp%�c C0`!y?V'S E r+-=t Z:$t:--J:jrsENT SEA'ZCH C e y o r H u e o h i n o n 37 Washington Avenue Most, Hutchinson, MN 55350, (612) 587-5151 [0RDERZDt DATE, 1l/ 13 / 1992 TIRE, 3:11 PM BT, MARK SCHANTZEN R PMOMEi 587 -6269 ADDRESS, 45 ADAMS ST. SO., HUTCRINSON, MN O P GAL DESCRIPTION, Lot, 3 Block, 2 Subd� E - R APDMON T T PROPERTY ADDRESS, 720 ATLANTA AVENUE I) I CITY PID 10, r 12 -116 -30-08 -0060 MCLEOD COUNTY PID 10, r 23.316.0060 _ 0 OYNER, STATE OF MINNESOTA IN TRUST C/0 ED IDE, MCLEOD COUNTY OWNER'S MAILING ADDRESS, COURTBOOSE, 830 11TH ST. E., GLENCOE, MN 55336 SPECIAL ASSESSMENTSr I have caused examination to be made of the records in the Office �a A of the Director of Engineering as to Special Assessments against 8 the above - described real estate, and to the best of ■y knowledge S and belief, assessments in the amount of $ 4.757.45 N are charged, and as yet unpaid, against the real estate. In a addition, the amount certified to the County Auditor for 8 collection in 1992 is approximately $ 1 204.36 M _a E PENDING ASSESSMENTS, (Project was initiated by Council Resolution.) N E NO YES, IF YES, DESCRIBE, T a x =4 ausDIVIBION AGREEMENT, NO I TES UNKNOWN Note: The subdivision agreement may contain restrictions on the M I use of the property or ■ay contain procedures for assessing the ' cost of improvements against the property or may otherwise affect =! 8 your use and enjoyment of the property. If the subdivision C agreement is not of record against the property at the county, a N copy can be secured from the City at nominal cost. L L UNPAID BILLS, A MATER BILL -------------- Z NO YES - AMOUNT S N TREE REMOVAL------- - - - - -- i NO _ TES - AMOUNT S N HEED CUTTING------- - - - - -- -1- 900 _ YES - AMOUNT S W O OTHER, _� YES - AMOUNT $ U Utility billings and cyrrent service charges will be computed as 8 soon as a final reading is requested by the property owner. COMMENTS, See Comments on attached form, if appllcable. D Neither the City of Hutchinson nor its employees guarantee I accuracy of the above information. In consideration for supplying a the indicated information in the form not forth above, any claim C against the City or its employees arising from this assessment search is hereby expressly waived. A Also be advised that the records of t e Co my uditor should be I checked for any assessments that might a rd, X E DATED r 11 -17 -1992 7 R CITY ENGINEER /ASSISTANT CITY ENGINEER • • OPEN -HOLD COUNCIL REPORT Tue Sep 26 1995 11:37:33 Page 1 ----------- -- -- — ----------- -- ------ -- -- — ------------------------------------------------------ 1995 IMPRO CONST is LANDWEHR CONSTRUCTION EST #3 LET #4 $142,838.20 $142,838.20 AIRPORT RENOVAT. WACKER, MILO CONDEMNATION COMMISSIO $469.52 $469.52 CAP.IMPRO.FUND NELSON CONSTRUCTION CO. REQUEST #4 $104,875.00 $104,875.00 CENTRAL GARAGE BRANDON TIRE CO REPAIR RIM $21.81 HOFFMAN FILTER SERVICE USED OIL FILTERS $50.00 MEIER, DOUG LUNCH TRAVEL $4.04 SCHRAMM IMPLEMENT SHEAVE $53.80 SWEENEY BROS TRACTOR KIT $63.70 BONESTROO ROSENE ANDERLIK 6 AS PROF SERV JULY $193.35 ECON. DEV. LOAN CITY OF HUTCHINSON SURCHARGE - SOLITRA $125.00 • RASKE BLDG SYSTEMS INSTALLMENT - #1 $50,110.38 $50,235.38 GENERAL FUND AG SYSTEMS SPRAY TIP ASST $104.03 ALLEN OFFICE PROD BINDERS, ETC $72.22 BENNETT OFFICE SUP. SERVICE CONTRACT $30.00 BIG BEAR FORKS $54.29 BIOCYCLE SUBSCRIPTION RENEWAL $103.00 BONESTROO ROSENE ANDERLIK 6 AS PROF SERV JULY $1,997.64 BROWN, ISAIAH CONCESSION WORK $117.00 BUSINESSWARE SOLUTIONS TRAINING CENTER $372.68 CAMERA SHOP PROCESS $21.12 CARRIGAN, CORY OFFICIAL SUPERVISOR $76.00 CASH WISE SUPPLIES $1,172.06 CELLULAR 2000 SEPT CELL SERVICE $92.83 CENTRAL ALLIED ENTERPRISES SEALER $90.95 CENTRAL GARAGE SEPT RENT $10,943.00 COAST TO COAST SUPPLIES $78.61 COMM TRANSPORTATION 5 COPIES MNDOT STD SPE $109.00 CROW RIVER PRESS INC 1000 NEWSLETTERS $301.99 DAYS INN D.HOESCHEN -JULY 28 -30 $83.20 DEPT NATURAL RESOURCES DNR REG FEES $806.00 FEED RITE CONTROLS CONTAINER RENTAL $316.22 FITZLOFF HARDWARE SUPPLIES $71.29 • GARBERG, MARCIA SKATING REFUND $30.00 OPEN -HOLD COUNCIL REPORT Tue Sep 26 1995 11:37:33 Page 2 --------------- - --- - --------- - GOV FINANCE OFFICERS ASSC ----------------------- - ----------- RETIREMENT GUIDE - $16.00 ------- - -- - -- ------------ •GOVT TRAINING SER HANSEN GRAVEL REG- M.HENSEN LANDFILL AUG 28 -29 $60.00 $754.00 HANSEN TRUCK SERVICE VALVE, FITTING $209.16 HAYNES, TRICIA DEPOSIT FOR 11 -4 -95 PE $100.00 HEADSTRONG GROUP INC BIKE HELMETS $7,430.00 HENRYS FOODS INC CHIPS $179.50 HILLYARD FLOOR CARE /HUTCHINSON KITCHEN ROLL,CLEANER $416.84 HRA REF APP FEE 95 CITY $2,473.00 HUHN, LARRY GIS CONFERENCE $160.00 HUTCH CAFE 650 PC CHICKEN $503.75 HUTCH COMM HOSPITAL HEP B VACCINATIONS $530.00 HUTCH COOP CENEX AUG FUEL $4,370.29 HUTCH MEDICAL CENTER HEPATITIS SHOT $129.00 HUTCH MFG & SALES SHELTER REFUND $15.00 HUTCH TECH COLLEGE 4630 REG- J.RUNKE $87.00 HUTCHINSON UTILITIES STREET LIGHTS $7,629.72 HUTCHINSON WHOLESALE BATTERY $35.46 INK SPOTS WHITE PAPER $82.53 JENSEN &, NEIL J. PAYMENT $230.00 K MART SUN BLACK $54.94 KERR TRANSPORTATION SERVICES DRUG TESTING $68.00 LEAGUE OF MN CITIES CLAIM- O.KNAAK $57,325.35 M R SIGN SIGNS $200.17 MCGARVEY COFFEE INC COFFEE $120.45 MN COUNTY ATTORNEYS ASSC CODE BOOKS $42.59 MN MUNICIPAL BOARD AMEX 11.32 ACRES $100.00 MN REC & PARK ASSC FOOTBALL REGISTRATIONS $55.00 MOON, DOLF MEETING EXPENSES $43.61 MUN LIQUOR STORE BEVERAGES $9.13 NEW ULM MONUMENT COMPANY MONUMENT RESTORATION $2,020.00 NORTHERN HYDRAULICS AIR HOSE REEL $46.16 NYSCA COACH CERTIFICATION $270.00 PC USER BOOK CLUB USING NETWARE 3.12 $35.79 PLUMBING & HTG DOCTOR TURN ON BREAKER $44.00 POPP ELECTRICAL INC SERVICE CALL $56.99 QUADE ELECTRIC BULBS $123.49 SCHALLER, JESSE SHELTER REFUND $15.00 SCHRAMM IMPLEMENT UPS CHARGE $7.00 SCHWANS SALES ENTERPRISES INC ICE CREAM $21.05 SEVEN WEST WASH & DRY LAUNDRY $31.15 SHARE CORP OIL, POLISH $166.14 SHOPKO FILM $18.81 STANDARD PRINTING PENS, MOUSE PAD, ETC $19.89 STAR TRIBUNE PATROL OFFICER AD $136.50 SUBWAY 9 SUBS FOR MEETING $29.92 TEPLY, TODD DANCE 9 -29 -95 $400.00 TRIPLE G DISTRIBUTING INC POP $36.00 TURNQUIST INC COPY PAPER $2,294.28 TWO WAY COMM INC BATTERY $267.13 UNITED BLDG CENTERS FLASHING $123.99 UNIVERSITY OF MN REG- SITZ,EWING $200.00 US POSTAL SERVICE SR.NEWSLETTER POSTAGE $287.00 • VIKING COCA COLA POP $237.55 OPEN -HOLD COUNCIL REPORT Tue Sep 26 1995 11:37:33 Page 3 ------------- --- — ------- — ---------------------------------- — ---------------------------------- WESTERN AUTO TOOL SET $1,310.75 • XEROX 5355 METER USAGE $669.32 $109,341.53 HOUSING REDEV HUTCHINSON HRA ADMIN FEE $2,819.25 $2,819.25 LIQUOR STORE CHUCK'S REF LAB & MATERIAL $500.10 $359.03 CITY OF HUTCHINSON lottery payment $38.00 TESTS ED PHILLIPS & SONS CO. WINE PUR SEPT $2,570.69 AUTOMATION SUPPLY CO ELECTRO WATCHMAN QRT CONTRACT $290.75 GRIGGS COOPER & CO MISC CREDIT $7,023.30 JOHNSON BROTHERS LIQUOR CO. LIQ PUR SEPT $4,489.63 $895.42 LEAGUE OF MN CITIES 2ND QTR W.COMP $805.66 DISPENSER LEO'S TRANSFER SEPT 1ST HALF $159.39 CAMERON /GREAT LAKES INC PRO MAINTENANCE SEAL & WAX $273.71 QUALITY WINE & SPIRITS CO. LIQ PUR SEPT $2,020.46 STANDARD PRINTING SUPPLIES $106.90 $63.45 $18,278.59 WINDOW CLEANER RURAL F. D. HUTCH COOP CENEX AUG FUEL $70.21 • $70.21 WATER /SEWER FUND ALLIED SERVICES OF HUTCHINSON REPIPE WATER LINES $359.03 ANALYTICAL PRODUCTS GROUP TESTS $225.66 AUTOMATION SUPPLY CO CARTRIDGES $96.20 BENNETT OFFICE SUP. WORK STATION $1,952.00 BOUSTEAD ELECTRIC & MFG RING PLATE $895.42 BRO -TEX INC. DISPENSER $84.24 CAMERON /GREAT LAKES INC CYP CARBON $87.75 CELLULAR 2000 SEPT CELL SERVICE $13.55 CRC PRESS INC MANUAL $63.45 CROW CHEMICAL CO WINDOW CLEANER $17.84 D.P.C.IND.INC CL2,SO2 $1,012.65 DEPT NATURAL RESOURCES PERMIT WATER USE REPOR $5.53 FIRST TRUST GO WATER REV BONDS $343.88 FISHER SCIENTIFIC STOP SNAP LID $353.00 FRED PRYOR SEMINARS REG- R.NAGY $138.00 GOODALL HOSE, STRAINER, ADPT $430.20 GOPHER STATE INC AUG SERVICE $122.50 GREEN, JEREMY SAFETY BOOTS $60.00 HACH COMPANY LAB SUPPLIES $105.66 HARRIS CONTRACTING JULY MTCE INSPECTION $1,025.00 HILLYARD FLOOR CARE/HUTCHINSON BRUTE SPONG MOP, ASSUR $32.30 HUTCH COOP CENEX AUG FUEL $562.19 • HUTCHINSON UTILITIES ELEC $201.15 OPEN -HOLD COUNCIL REPORT Tue Sep 26 1995 11:37:33 Page 4 • r1 L_J $468,526.82 WIRE TRANSFER MN DEPT OF REVENUE TAX WITHHOLDING $5,993.83 INSTRUMENTATION SERVICES INC OXYGEN CELL $109.33 •KOM, SUE L 6 P SUPPLY CO LOGIS MEETING FILTER ELEMENT $54.35 $51.89 LAB SAFETY SUPPLY INC SMOCK, GLOVES, ETC $107.38 LEAGUE OF MN CITIES 2ND QTR GEN LIAB $7,784.60 MACQUEEN EQUIP INC FLAT SAW $95.64 MARVEL INDUSTRIES DOOR GASKET $24.83 MCNELLY GROUP SEPT PAYMENT $5,325.00 MN DEPT OF HEALTH 3RD QTR CONNECT FEES $4,607.00 MN VALLEY TESTING LAB COLIFORM $60.00 MVTL LABORATORIES TESTING $174.00 NALCO CHEMICAL CO. NALCO FLOCCULANT $3,847.31 NCL DRIERITE, GLYCERIN $282.20 NORTHERN WATER WORKS SUPPLY ADD'L CHARGE $142.50 OLSONS LOCKSMITH INSTALL LOCKSET $188.51 QUADE ELECTRIC HOOK UP MOTOR $210.20 SANIFILL INC LOADS SEPT 5 -9 $6,840.49 SCHAFER, JASON SAFETY BOOTS $39.97 SCHRAMM IMPLEMENT FEEDER LEASE $743.37 TRI CO WATER COND 4 BAGS SALT $20.02 WELCOME NEIGHBOR AUG MAIL LIST $60.00 WITTE SANITATION 2 HOURS $250.00 $39,405.79 • r1 L_J $468,526.82 WIRE TRANSFER MN DEPT OF REVENUE TAX WITHHOLDING $5,993.83 IMMEDIATE PAY COUNCIL REPORT Tue Sep 26 1995 11:37:05 Page 1 ------------------------------------------------------------------------------------------------- CENTRAL GARAGE_ MN DEPT OF REVENUE USE TAX $12.48 $12.48 GENERAL FUND DEPT NATURAL RESOURCES DNR PEG FEES $791.00 EICHTEN'S CHEESE FACTORY SR TOUR $184.00 FOLSOM HOUSE SR TOUR FEE $250.00 HUTCH TECH COLLEGE REG 4598- D.SWANSON $89.00 MN DEPT OF REVENUE USE TAX $19.60 TAYLOR FALLS SCENIC BOAT TOURS DINNER $1,255.50 US WEST COMMON SEPT SERVICE $207.21 H T -FAC. CONST. ACCURED DEFERRED COMP. $2,796.31 Doi DEPT OF REVENUE AUG USE TAX $324.92 $324.92 LIQUOR STORE CITY OF HUTCHINSON LOTTERY SALES $7,029.68 GRIGGS COOPER & CO COST OF SALES -WINE $1,883.21 JOHNSON BROTHERS LIQUOR CO. WINE PUR SEPT $148.74 LUNDHOLM, LORI SEPT SERVICE $42.60 . QUALITY WINE & SPIRITS CO. COST OF MIX & SOFT DRI $477.73 $9,581.96 PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. ACCURED DEFERRED COMP. $690.00 AMERICAN FAMILY INS CO. ACCURED LIFE INSURANCE $89.16 GREAT WEST LIFE INS. CO. ACCURED DEFERRED COMP. $100.00 H.R.L.A.P.R. ACCURED DEFERRED COMP. $147.57 ICMA RETIREMENT TRUST ICMA RET $2,158.45 PERA LIFE INS CO. ACCURED LIFE INSURANCE $118.50 PERA- D.C.P. PERA -DCP $52.02 PRUDENTIAL ACCURED DEFERRED COMP. $155.00 PRUDENTIAL MUTUAL FUNDS ACCURED DEFERRED COMP. $318.46 PUBLIC EMPLOYEES DUE TO OTHER -PERA $13,790.11 TEMPLETON INC ACCURED DEFERRED COMP. $382.29 WADELL & REED ACCURED DEFERRED COMP. $150.00 WITHHOLDING TAX ACCT DUE TO OTHER -FICA $29,922.43 $48,073.99 WATER /SEWER HYATT REGENCY MINNEAPOLIS LODGING- R.DEVRIES $180.00 MN DEPT OF REVENUE AUG SALES TAX $4,448.00 MPCA NPDES /SDS PERMIT $85.00 0 $4,713.00 CJ u DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE'* RICHARD G. MEGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO ADMITTEO IN TEAS ANO NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSO N, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 16121587 -7575 FAX (612) 587 -4096 G. BARRY ANDERSON September 20, 1995 Re: Competitive Bidding Issues Our File No. 3188 -87001 Dear Gary: FOR YOUR INFORMATION OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121389-2214 FAX 16121 389 -5506 At the request of the City Council at its last regular meeting, our office has reviewed the proposed procedure for remodeling a portion of the police station with an eye towards whether or not a general contractor is required and whether or not competitive bidding requirements of Minnesota law require a formalized competitive bidding process pursuant to Minn. Stat. §471.345. As you know, in general, a City must bid out all purchases in excess of $25,000 and this requirements applies to construction, alterations, repair or maintenance of real property. However, there is no requirement in Minnesota law that a City use a general contractor for construction purposes and it is clear that for contracts less than $25,000, securing multiple quotations is sufficient and does comply with the provisions of Minnesota law. In this instance, the spread sheet that I was provided by the police department indicated that the total construction cost (labor and materials) is approximately $19,350.00. The HVAC cost is $4,223. Fixtures, flooring contract consisting Obviously, to the separate contracts, than the $25,000 Contracting Law. and furniture make up the balance of the of $13,800, $3,500 and $13,500 respectively. axtent that these items are considered to be it is clear that each one individually is less "trigger point" of the Uniform Municipal CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz September 20, 1995 Page 2 There is very little law outstanding regarding this topic. While it is generally clear that a City cannot simply split a contract for the purpose of avoiding the provisions of the Minnesota Uniform Municipal Contracting Law, it is also true "that if materials or work logically fall into two separate contracts because they involve separate transactions, as for the service of contractors specializing in different kinds of work, there is no reason why the City couldn't negotiate the contracts individually without bids if they do not exceed the $25,000 minimum." Handbook for Minnesota Cities, page 364. Further, it is impossible to answer questions such as this without reference to the purpose of the Municipal Contracting statute which is to provide competitive bidding at the lowest possible cost to the taxpayers. If the City has made the policy decision that it is more cost effective,. and more reasonable, not to use a general contractor, then it makes sense to divide the project into logical categories and to secure quotations, or competitive bids, as the City may direct, if that will produce the lowest possible cost. This procedure would not appear to violate state law. Additionally, even if you took the construction cost and added the • flooring costs, $3,500, which might reasonably be viewed as a single contract, the amounts in question still fall within the $25,000 "safe harbor" of Minnesota law. Under the circumstances, I do not see any clear requirement that the City must use a general contractor or competitively bid this project. Further, I think the risk to the City, in terms of the likelihood that an action will be commenced from a general contractor br other party who believes that sealed bids should have been required, is fairly minimal. It is my understanding that the City has concluded that the cost of moving forward with sealed bids or a general contractor is likely to be greater than the cost of the presently outlined procedure and under those circumstances, it is my opinion there is no requirement, in this instance, that mandates competitive and sealed bids pursuant to the Uniform Municipal Contracting Law. The last issue to be addressed in this correspondence is whether or not the City can use existing staff personnel to perform the duties necessary to get the project completed and the answer to that question is that there is no prohibition against employees serving in such a role as part of the regularly assigned duties. • Mr. Gary D. Plotz September 20, 1995 Page 3 I hope this correspondence has been helpful to you. Best regards. Very truly yours, ARNOLD, AND RSON & DQVE, P.L.L.P. Asti ) G. Barr Anderson GBA:lm CC Chief Steve Madson 0 0 oe !',t /..��i�/�fc.P�,acfx✓ ..�.y�c�f, ����r -� �.�/.. •...�� iT�x�f:� �- �rzr�.at,T_,�.�...:! d�or�c +dq�5�lec/1�L7.elat/,e�i �4Lc, ✓ ewe, - G�d7ly�f4.C1 .vi .d��` A ✓ std tr- �zr�.lyvi?.. 7s� �e'-a�� �L z.1�1 C�iz�t .L�i,►.✓ �rt.Ai i��fi�.. cv��� l�%1.1.�- c.- z%,�.C�a..ci,ei 1�.� .� PIONEERLAND LIBRARY SYSTEM BOARD MEETING Minutes - Thursday, June 15, 1995 hng called to order by President Nancy Alsop at 7:36 II call revealed 25 members (a quorum) present MOTION to approve theagenda- carried MOTION to approve the minutes of May 181h with the addition of the following: That the following were approved as appointees to the SAMMIE Board: Pam Anderson, Dawson: Roy Johnsen, Hutchinson: Arlen LaCombe. Big Stone County: Harold Nelson, Lac Oui Parle County: Dorothy Tebben, Chippewa County. Also with correction of three nay votes in re: motion of revised job descriptions and 1996 pay ranges. A. FINANCE COMMITTEE REPORT - Rudningen 1. May 1995 financial report is not ready for approval. 2. MOTION- Rudningen/Sanders to accept bid of Cornell - Elkjer insurance re: errors of omission. Motion carried. 3. MOTION- Gabrielson/Rudningen to look into Health Benefits exclusion. Motion carried 4. Library Technology/Telecommunications' Legislation 1995 grant proposal was referred to the Automation Committee for study at July 19th meeting. 5. MOTION - Bohm /Canfield- to accept the 1996 budget as presented. Motion carried. B. PERSONNEL COMMITTEE REPORT (Schooner) 1. MOTION - Gabrielson/Grtffen -to approve the Health insurance contract amendments. Motion carried. 2. Presentation of Flexible Plan will be made in the fall of 1995 for board approval. C. POLICY COMMITTEE REPORT ( Alsop) 1. Draft of agreement amendments was presented. Draft wilbesent to cltles and counties for comment prior to presentation to board for approval. 2. Recommended By -laws changes draft was presented. Request for approval will be presented Sept. 21, 1995. 3. Name tags designating committees and officers were made by Dolores Brunner D. SYSTEM STUDY COMMITTEE REPORT ( Alsop) 1. MOTION - Committee/Rudningen -to approve the ECSU delivery contract presented. Motion carried 2. Draft of contract with Grant County, South Dakota was presented. Hauer explained reason for contract and that it will be reviewed with Grant county Library Board and presented for approval in September 1995. There was no old business presented nor was there any new business other than previously discussed. Reports of Director and Assistant Director were presented. Meeting adjourned Announcement: Next meeting Thursday, Sept. 21, 1995 at Kandiyohi County Highway Dept. 0 Date: 06/31195 se: 23 :07:47 4 1 Item cods Description DEPTNO -> 1 (LIQ") Count 694 Subtotals -> DEPTNO -> 2 (BEER) Count 558 Subtotals -> DEPTNO -> 3 (WINE) Count 819 Subtotals - -> DEPTNO -> 5 (ICE) Count 3 Subtotals -) DEPTNO -> 9 (RENTAL) Count 1 Subtotals -> DEPTNO > 10 (TOBACCO PRODUCTS). Count 169 Subtotals -> DEPTNO -> 90 (MISC BEER) Count I Subtotals -> > 91 (MISC LIQUOR) Otol- Subtotals -> DEPTH] -> 92 (MISC WINE) Count 1 Subtotals - -> DEPTNO -) 93 (MISC 6.5 %) Count 294 Subtotals - -> Count 2741 Totals -> L. J 8/►- 813► Jas (MN Sales Report On �/ Extended Cls ordr Q-0-H cost Qty Sorts: DEPTNO RanW: DEPTNO Sumry: Yes -- Month to date sales Cost Markdowns Sales Profits SP % 14939 140162.40 6094 45113.90 425.77 57403.81 12289.91 21.4 8996 50102.02 13633 89809.25 321.10 113281.37 23472.12 20.7 15862 58638.21 - 3829 12114.50 233.02 17849.13 5734.63 32.1 - - - 1415 - 266.70 - 2126.85 1860.15 67.5 - -- - - - - --- 24 � 240.00 240.00 100.0 1456 -- 2715.77 - - -- - 1569 -- 2864.19 35.07 33841.46 977.27 25.4 sass - - -- aasea - --- 3 ssaaa 4982 2454 58.97 4419.75 1172.09 26.5 3247.66 7227.62 a- sa-asa - aasaaaaaa: = :- - -aaa aaaaaOaia aasaaaaaa aataaaaaaa aaaaaaata rwa; 51235 258886.02 29021 153416.20 1073.93 199162.37 45746.17 Z3.0 FOR YOUR INFORMATION -tlfD say% " A it UNITED STATES ENVIRONMENTAL PROTECTION AGENCY W • WASHINGTON, D.C. 20460 eyr,( anD Ce SEP 1 3 1995 OFFICE OF WATER Mr. Randy DeVries 111 Hassan Street, S.E. Hutchinson, Minnesota 55350 Dear Mr. DeVries: Congratulations on being a national finalist in the Medium Advanced category of the Environmental Protection Agency's (EPA) 1995 Operations and Maintenance Awards Program. Although the Hutchinson Wastewater Facility was not selected for a national award, the managerial results and compliance record of your facility are commendable. Your application will be returned to the EPA Regional Office by late August. Competition for the national awards in 1995 was intense, and the national selection panel noted that all of the finalists were outstanding. It is very gratifying to see that highly motivated • operator training personnel can continue to improve and maintain water quality. 0 Sincerely, Michael J. Quigl Director Municipal Support Division n IP �,OD - woCl. Mmd Wih �I km papw Mal omW r al le" sox ngdW fbw .* August 28, 1995 FOR YOUR INFORMATION Minnesota Pollution Control RE: 1995 Annual Evaluation and Planning System Dear Wastewater Superintendent: -I P, Thank you for participating in the 1995 Annual Evaluation and Planning System process. We have completed our review of your evaluation and enclosed is a report based on your responses. In addition, for all municipalities which discharge to a surface water, a summary of some of your daily monitoring report data for calendar year 1994 is also enclosed. We recommend the report be discussed at an upcoming municipal council/board meeting. In some cases, items identified in the report may require immediate attention. Comparing the 1995 and 1994 evaluations may help identify areas of concern for your wastewater system. After the meeting, the mayor /municipal chair should certify that the municipality has discussed the report, and submit this certification to the MPCA. If possible, this should be done within 30 days of your receipt of the report. The certification can he in the form of a letter signed by the mayor /chair. We believe the AEPS will prove useful for both the municipalities and the MPCA. The individualized report should be used as an additional planning tool for your municipality's wastewater treatment system. If you need assistance in implementing suggestions from the report, feel free contact the Agency or your consulting engineer. We are in the process of combining data from all participants into several statewide reports. This process should be completed within the next 60 days. If you wish to receive a copy of the statewide summaries, please contact us after that time. We hope the report information will prove useful in planning for the future of wastewater treatment in your municipality. If you need any assistance or have any questions regarding the AEPS process, please feel free to contact me at (612)296 -8766 or 1- 800 - 657 -3864. Sincerely, Deb Lindlief Operations/Training Unit Point Source Compliance Section Water Quality Division • DL:jmg Enclosures cc: Municipal Official (no enclosure) TDD (for hearing and speech impaired only): (612)282 -5332 Printed on recycled paper containing at least 16%fibers from paper recycled by consumers 520 Lafayette Rd.; St. Paul, MN 55155 -4194; (612) 296 -6300; Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal opportunity Employer • Printed on Recycled Paper r >>> MUNICIPALITY: HUTCHINSON This report contains responses to questions you answered in the Annual Evaluation and Planning Survey. Although you answered all the applicable questions in the survey, not every answer received a response in this report. We provided a response only when an answer indicated that there is an issue which may need resolution. MPCA staff have assigned a point value to the various questions in this survey, with the exception of questions in Section 8, Future Needs. Points are given to responses that indicate that there may be a problem to be addressed. Each section is worth 100 points. If your system received a score greater than 50 in any section, you should carefully review the report responses for this section to determine if your system is operating effectively and efficiently. We hope this report proves useful both in planning for future wastewater needs and in resolving current problems. If you need assistance in implementing any of the suggestions in this report or have questions concerning the report or survey process, please feel free to contact the Operations /Training Unit of the MPCA at 1- 800 - 657 -3864. >>> SECTION ONE: TREATMENT SYSTEM PHYSICAL CONDITION Your responses to the questions 2, 4, 7, and /or 12 demonstrate your awareness that major repairs or replacement are needed in the next five years. As you are aware, this requires a great deal of planning, including funding, construction, permit modifications, and choosing of a consultant. Score for SECTION 1: 27, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your A is greater than 50, carefully review the survey you filled out and our report responses for this section to determine if your system is operating efficiently. >>> SECTION TWO: SYSTEM LOADINGS AND PERFORMANCE (from your DMR's) Based on the monthly D.M.R. data you have submitted over the last calendar year, the following conclusions can be drawn: Score for SECTION 2: 0 WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your score is greater than 50, examine your DMR's for the last calendar year and note if your system is operating efficiently. >>> SECTION THREE: COLLECTION SYSTEM Questions 25 -26. If your system is experiencing significant bypasses or overflo you should investigate the causes and take the steps necessary to correct them. If the bypasses were due to rain or snow melt, inflow and infiltration may be a problem. Sources of infiltration and inflow should be carefully examined. Question 28. Basement backups of untreated wastewater are a health risk. Evaluate the cause of the backups and look for remedial action to eliminate • them. Score for SECTION 3: 31, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your score is greater than 50, carefully review the survey you filled out and our report responses for this section to determine if your system is operating efficiently. -. >>�CTION FOUR: BIOSOLIDS Question 34.3. We suggest a minimum of six months of sludge storage to allow flexibility in the operation of your system. However, there is no such requirement in the state or federal rules at the present time. Each city must evaluate their sludge storage needs based on field access. Field accessibility depends on a number of factors. One is the types of crops grown in your area. For instance, row crops do not allow access in the summer. Another factor is what equipment your city has for hauling and land application. Finally, there are slope restrictions for winter applications. Present state rules restrict winter application to sites with less than a 6% slope. Furthermore, in the rules planned to come out in fall, 1995, the state is planning to restrict winter applications to sites with a slope less than 2%. Question 34.6. You indicated that you plan to obtain new landspreading sites. Be aware that the approval process takes one to three months. If you have not contacted the MPCA regarding an application or need information on the application process, please contact Jorja Dufresne at 1 -800- 657 -3864. Question 34.7. Investigate and respond to site complaints as promptly as possible. This helps you maintain good relations with the populace. Question 39. Your response to this question demonstrate your awareness that major repairs or replacement are needed in the next five years. As you know, this requires a great deal of planning, including funding, construction, permit mo ications, and choosing of a consultant. score for SECTION 4: 20, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your score is greater than 50, carefully review the survey you filled out and our report responses for this section to determine if your system is operating efficiently. >>> SECTION FIVE: SEPTAGE Question 44. You should develop a septage disposal plan, which covers how your system will treat and dispose of septage. This is a significant but too often overlooked part of the process of wastewater treatment. Score for SECTION 5: 0, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your score is greater than 50, carefully review the survey you filled out and our report responses for this section to determine if your system is operating efficiently. >>> SECTION SIX: TREATMENT SYSTEM OPERATION AND MAINTENANCE Score for SECTION 6: 0, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your score is greater than 50, carefully review the survey you filled out and our report responses for this section to determine if your system is operating efficiently. • >>> SECTION SEVEN: FINANCIAL AND ORDINANCE STATUS The area of sewer service charge systems and sewer use ordinances is complex and confusing. Municipalities which received funding from the federal or state 0 construction grants program or the State Revolving Fund (loan program) face certain requirements in the area of ordinances. We have sample ordinances and charge systems which you can use to create your own documents. If you have questions concerning ordinances, charge systems, rate setting, or whether yo must meet the requirements of specific funding programs, please contact the Operations /Training Unit at 1- 800 - 657 -3864. Question 71. Your sewer service charge system should be reviewed by municipal officials annually. User rate adjustments should be made as a result of this review. Your charge system should describe, at a minimum: the different kinds of wastewater generators in your municipality; what constitutes normal strength domestic waste; how user charges are calculated; what the surcharges for greater than normal domestic strength waste; industrial rate schedules; and whether users are charged proportionately to their water -use. Score for SECTION 7: 13, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your score is greater than 50, carefully review the survey you filled out and our report responses for this section to determine if your system is operating efficiently. >>> SECTION EIGHT: FUTURE NEEDS Question 86. Enclosed is information on the State Revolving Fund loan program. Low interest loans are given by the Public Facilities Authority to fund wastewater treatment projects. The interest rates are determined by a municipality's fiscal status. If you have questions concerning the program, • please contact Pete Skwira at 1- 800 - 657 -3864. •