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cp07-23-1996 cSUNDAY MONDAY TUESDW -21- -22- -23- r 11:30 - 1:00 -- DIRECTORS BRAT COOKOUT at North Jaycee Park Shelter 5:30 p.m. - City Council Meeting at City Center HUTCHINSON CITY CALENDAR Week of July 21 t o July 27 1 9 9 6 WEDNESDAY THURSDAY FRIDAY SATURDAY -24- -25- -26- -27- VACATION /CONFERENCE Bonnie z - July 22 -26 V 10:00 a. m. - Directors Meeti 10:00 a.m. - Employee Safety Ran Merrrill ill - July 22 -26 V in Staff Conference Committee Meeting at Marilyn J. Swanson - July 22V Room Water Plant 5:30 p.m. - Tree Board Meeting at Marquette Bank Conference Room AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 23, 1996 CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Dan Cloeter, Our Savior's Lutheran Church MINUTES OF REGULAR MEETING OF JULY 9, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 2. PLANNING COMMISSION MINUTES OF JUNE 18, 1996 (b) RESOLUTIONS AND ORDINANCES • 1. RESOLUTION NO. 10706 - RESOLUTION PROVIDING FOR THE SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996 (c) SHORT -TERM ON SALE NON - INTOXICATING MALT LIQUOR LICENSE FOR R. C. PROMOTIONS (d) ONE -DAY OFF -SITE GAMBLING LICENSE FOR HUTCHINSON HOCKEY ASSOCIATION ON AUGUST 17, 1996 AT MCLEOD COUNTY FAIRGROUNDS (e) DELINQUENT WATER AND SEWER ACCOUNTS (f) ANNUAL 8K RUN AND TWO MILE WALK ON SEPTEMBER 14, 1996, SPONSORED BY HUTCHINSON ATHLETIC REHAB CENTER (g) CONDITIONAL USE PERMIT REQUESTED BY BETHANY BAPTIST CHURCH TO CONSTRUCT CHURCH BUILDING IN R -2 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10707) (h) CONDITIONAL USE PERMIT REQUESTED BY ANNE HIRSCH TO MOVE MOBILE HOME ONTO LOT 102 IN COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10708) (i) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 12.0 1, SUBD. 5, TO ADD LANGUAGE REGARDING REQUIREMENTS FOR LOT SPLITS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION • WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR AUGUST 13, 1996) CITY COUNCIL AGENDA - JULY 23, 1996 (j) PRELIMINARY AND FINAL PLAT OF NORTH PARK RIDGE TOWNHOMES LOCATED IN HELLAND'S EIGHTH ADDITION SUBMITTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10709) (k) CONDITIONAL USE PERMIT REQUESTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION, TO CONSTRUCT FOUR PLEX TOWNHOME LOCATED IN R -3 DISTRICT ON ARIZONA AND CAROLINA STREETS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10710) (1) VARIANCE REQUESTED BY DENNIS KARL, COMPTON ANDERSON CONSTRUCTION, TO REDUCE SIDEYARD AND FRONT YARD SETBACKS FOR CONSTRUCTION OF TOWNHOMES IN HELLAND'S EIGHTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10711) (m) CHANGE OF STREET NAME FROM SUPERIOR AVENUE SE TO EASTGATE DRIVE SE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10712) • Action - Motion to approve consent agenda PUBLIC HEARING - 6:00 P.M. (a) PRESENTATION AND RECOMMENDATION BY HCDC TRANSPORTATION TEAM REGARDING PRE - ENGINEERING FOR PHASE II OF AIRPORT Action - Motion to reject - Motion to approve 7. RESOLUTIONS AND ORDINANCES — SEE CONSENT AGENDA 8. UNFINISHED BUSINESS -- NONE 9. NEW BUSINESS (a) CONSIDERATION OF COPS FAST GRANT APPLICATION Action - Motion to reject - Motion to approve (b) CONSIDERATION OF ROADWAY EASEMENT FOR IMPRESSIONS INCORPORATED Action - Motion to reject - Motion to approve • 2 CITY COUNCIL AGENDA - JULY 23, 1996 (c) CONSIDERATION OF RECOMMENDATION FROM HCDC BOARD OF DIRECTORS FOR BLOCK 50 PARKING LOT CONCEPT Action - Motion to reject - Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS U. 2 1 9 '1� 9 .: 1� \. i 01 •2 \: , 7 3MA (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds F._► • 1: BU ROM • 40 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 9, 1996 1. The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Dan Cloeter. 3. MINUTES The minutes of the regular meeting of June 25, 1996 and bid opening of July 1, 1996 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JUNE 1996 (b) RESOLUTIONS AND ORDINANCES • 1. ORDINANCE NO. 96 -169 - ORDINANCE AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE. SECTIONS 2.71 AND 5.22, REGARDING BOAT HOUSES (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10704 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10705 - RESOLUTION AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN (c) LIBRARY BOARD MINUTES OF JUNE 24, 1996 (d) REQUESTS FOR ANNUAL ARTS & CRAFTS FESTIVAL SEPTEMBER 13 -14 (e) REQUEST FOR OUT -OF -STATE TRAVEL FOR JOHN ARLT (f) SHORT -TERM ON SALE NON - INTOXICATING MALT LIQUOR LICENSE FOR HUTCHINSON JAYCEES The motion to approve the consent agenda was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 5. PUBLIC HEARING - 6000 P.M. (a) BOARD OF REVIEW FOR A.W. DISPOSAL SANITATION SERVICES Mayor Torgerson called the board of review to order at 6:00 p.m. • No one was present to be heard regarding City sanitation services performed by A. W. Disposal. Manager Tom Workman represented the company. I CITY COUNCIL MINUTES - JULY 9, 1996 Council Member Mlinar moved to close the hearing at 6:02 p.m., seconded by Council Member Peterson and unanimously carried. 6. COM r MCATIONS REQUESTS AND PETITIONS -- NONE 7. RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA 8. 1 TNFINISHED BUSINESS -- NONE 9. NEW BUSINESS (a) CONSIDERATION OF PUBLIC UTILITY POLICY FOR NATURAL GAS SERVICE City Administrator Plotz reported on the comments received from the Hutchinson Utilities regarding the proposed public utility policy for natural gas service. Discussion followed concerning non - resident customers being required to pay a fuel line inspection fee and a higher rate for natural gas service. Council Member Craig moved to refer to the Utilities Commission to study the issue of equitable rates prior to action on the policy. Motion seconded by Council Member Peterson and carried four to one, with Mayor Torgerson voting nay. (b) DISCUSSION OF ANNUAL CITY APPRECIATION PICNIC AND LOCATION SITE The Human Resources Coordinator recommended the annual City appreciation picnic be held on August 21, 1996 at either the Civic Arena or the Recreation Center. Following discussion, Council Member Erickson moved to approve the date and recommended sites, seconded by Council Member Craig and unanimously carried. (c) CERTIFICATEDOR FEDERAL APPROVING UFF STREET BRIDGE AND ROADWAY) Engineer Rodeberg reported that since the Bluff Street bridge and roadway is a state contract, it will require approval of a Clerk/Administrator s Certificate for Federal Aid Project. Following discussion, Council Member Erickson moved to approve the certificate, seconded by Council Member Mlinar and unanimously carried. (d) CONSIDERATION OF APPROVING MEMORANDUM OF UNDERSTANDING WITH MN/DOT AND MCLEOD COUNTY FOR TRUNK HIGHWAY 22 BYPASS CONSTRUCTION The Director of Engineering stated that although the Memorandum of Understanding was previously signed by the City on June 10, 1996, MNIDOT would like reconfirmation of the signature. • J . CITY COUNCIL MINUTES - JULY 9, 1996 Following discussion, Council Member Erickson moved to reconfirm the signature on the Memorandum of Understanding, seconded by Council Member Mlinar and unanimously carried. (e) CONSIDERATION OF SETTING PUBLIC HEARING DATE OF AUGUST 13, 1996 AT 6:00 P.M. FOR SUBMISSION OF ADAMS STREET SMALL CITIES REHABILITATION GRANT APPLICATION Following discussion, Council Member Erickson moved'to approve the hearing date of August 13, 1996 at 6:00 p.m., seconded by Council Member Peterson and unanimously carried. (f) CONSIDERATION OF NOTICE OF ORDER TO REPAIR OR REMOVE REGARDING PROPERTY ON HARMONY LANE It was reported that I I petitions were received requesting City involvement with the rodent problem at 626 Harmony Lane. Approximately eight people attended the City Council meeting to request that the City order the property owners, Chris and Dolly Johnson, to clean up their property and to exterminate the alleged rats. Mayor Torgerson informed the audience there are legal procedures that must be followed regarding this situation. He agreed, however, that the public health issue of pest control should be resolved immediately. • City Attorney Anderson stated the property owners are working on cleaning up the property, and they have a 19 cubic yard dumpster on the lawn. He re ported he could obtain a court order for the City to go onto the property to remove the pests. Council Member Peterson moved to direct the City Attorney to obtain a court order for the right to enter the Johnson property for pest control and removal by extermination and to exterminate the immediate adjacent properties, with an expenditure up to $1,000. Motion seconded by Council Member Mlinar and unanimously carried. Following discussion, the motion was made by Council Member Mlinar to approve the notice of order and to authorize signature, seconded by Council Member Peterson and unanimously carried. (g) CONSIDERATION OF UTILIZING PERPETUAL CARE FUNDS FOR CEMETERY ROADWAY IMPROVEMENTS Engineer Rodeberg recommended that $12,000 from the cemetery perpetual care funds be used to blacktop the roadways in Oakland Cemetery. Following discussion, Council Member Peterson moved to approve the use of funds for cemetery roadway improvements, seconded by Council Member Erickson and unanimously carried. Ll CITY COUNCIL MINUTES - JULY 9, 1996 • (a) COMMUNICATIONS FROM W.V.S. MARKETING, INC. It was reported that W.V.S. Marketing, Inc. submitted an application for a peddler/ solicitor license to sell service and merchandise coupon cards of local participating merchants. The company has been granted said license since 1992. Following discussion, Council Member Mlinar moved to approve the license, subject to approval by the Police Chief. Motion seconded by Council Member Peterson and unanimously tamed. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported that the League Board of Directors has prepared a work program and financing plan to counter U.S. West's challenge to local management of public nghis of way. Since the work plan developed by the Riots of Way Task Force could cost approximately $325,000, the City of Hutchinson is being asked for a voluntary payment of $856. Following discussion, Council Member Mlinar moved to authorize $856 payment to Leape of Minnesota Cities, seconded by Council Member Craig and unanimously carved. The City Attorney was directed to present a draft ordinance regarding the public rights of way issue. Administrator Plotz stated that the Cops Fast Grant application will be on the agenda for the July 23 City Council meeting. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on the sanitary sewer service maintenance problems and underground freezing on property located at 36 First Avenue NW, owned by Leonard and Doris Johnson. It had not been determined whether the situation developed before or after the street was constructed in the area. The City Engineer requested City Council approval of an agreement with the Johnsons for the City to extend a new sanitary sewer service to within ten feet of the west side of the building on the property in lieu of any additional payment for past maintenance costs for the sanitary sewer line, with no cost to the owner. The owner will be responsible for completing the connection. In addition, the owner shall provide a temporary construction easement to the City to allow for grading and landscaping of the owner's property adjacent to the parking lot. The City will remove and dispose of all unnecessary retaining walls and fill, and will landscape the area between the parking lot and the owner's building with oak wood chips or landscape rock. The City shall also provide landscape plantings similar to those proposed to be utilized in the parking lot islands. The work will be done at no cost to the owner. Following discussion, Council Member Erickson moved to approve the agreement E 0 CITY COUNCIL MINUTES - JULY 9, 1996 with Leonard and Doris Johnson for the City to extend the sanitary sewer service to the building and for the owner to provide a temporary construction easement to the City. Motion seconded by Council Member Peterson and unanimously carried. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. 990MENSIMMOUNW1 There being no further business, the meeting adjourned at 6:28 p.m. • 0 5 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 18, 1996 The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, Bill Arndt, Glenn Matejka, Roger Gilmer, Dan Prochow and Chairman Wood. Members Absent: Craig Lenz Also Present: Jim Marka, Director of Building, Planning and Zoning, Brenda Ewing, Planning Coordinator, G. Barry Anderson, City Attorney and Matt Mullins, Planning Intern. Mr. Matejka made a motion to approve the minutes of the meeting dated May 21, 1996, seconded by Mr. Arndt the motion carried unanimously. a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DENNIS CZECH, DMC DEVELOPMENT CO., TO CONSTRUCT THREE 30 UNIT BUILDINGS AND ONE 47 UNIT BUILDING LOCATED AT 55 NORTH HIGH DRIVE N.W. Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #4924 as published in the Hutchinson Leader on Thursday, June 6, 1996. The request is for the purpose of considering a conditional use permit requested by Dennis Czech, DMC Development Co., to construct three 30 unit buildings and one 47 unit building located at 55 North High Drive N.W. Ms. Ewing commented on the checklist and review held on Friday, June 12, 1996. She stated Mr. Czech has agreed to meet all requirements of the on -site ponding. Mr. Dennis Czech, DMC Development Co., St. Cloud, MN. stated the 137 units would be market rate apartments and they would like to break ground in July. The first phase would be to construct the east 30 units and the first 30 garages to the northeast. He commented on their agreement regarding the park dedication fees and the access approach. He stated there would be one, two and three bedroom units in the buildings which also include dens and snack bars. Jim Marka commented on the 50' setback with brems and plantings from the residential property to the north. Mr. Czech stated he will apply with the City Forester in the Fall for plantings for the north side. Mr. Marka stated there will be a pond design review. He also commented on the fact the project is market driven. All four buildings are included in the request however the developer may need an extension on the conditional use permit if the six month time period would lapse. Mr. Marka commented on the parking concems and the requirements in our ordinance. He stated architects have questioned the parking ratio in Hutchinson's Ordinance and city staff will be researching the possibility of 2 parking spaces per • unit. Mr. Czech stated they are anticipating to open December 1, 1996. ,// 'A (2) HUTCHINSON PLANNING COMMISSION MINUTES JUNE 18, 1996 Discussion followed on infrastructure to that area. Mr. Marka stated the storm sewer run off will be held in the pond and ditch. Sanitary is sufficient for all four buildings. There are no wetlands on the property. Ron Hommerdius, RMC Architect, stated the run-off is a controlled run -off. There was discussion of the pond and the guidelines. Mr. Hommerdius stated the guidelines are being followed and the plans have been submitted to the city engineer. There was discussion on the depth of the pond. Mr. Czech commented on the phasing of the play areas. Amy Rossiter, neighboring property owner to the north, commented on her concerns with security of the area. Discussion followed of the market value of the apartments. Mr. Czech commented on the berming and plantings to buffer from the residential properties to the north. Mr. Arndt made a motion to close the hearing, seconded by Mr. Gilmer the hearing closed at 5:55 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Prochnow the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BETHANY BAPTIST CHURCH TO CONSTRUCT A CHURCH BUILDING LOCATED AT 850 SCHOOL RD S. Chairman Wood opened the hearing at 5:56 p.m. with the reading of publication #4925 as published in the Hutchinson Leader on Thursday, June 6, 1996. The request is for the purpose of considering a conditional use permit requested by Bethany Baptist church to construct a church building located at 850 School Rd S. Ms. Ewing commented on the technical review held on June 14th noting the major issues to be resolved which include surface water collection, parkland dedication, landscaping and hardsurfaced parking. She stated staff recommends a conceptual approval of the project and to table the conditional use permit to next month to allow Bethany Baptist to resolve the major issues on the site. Tim Parsons, architect, commented on the site location. He commented on the diagrams handed out at the meeting and the final parking. Jim Marka commented on the ponding and stated Bethany Baptist is working toward coordination of the ponding with the Word of Life Outreach Center to the south. Mr. Parsons commented on the proposal of sharing the ponding on site and an agreement between the two churches. Discussion followed of drainage to the southwest there is a natural holding pond with a drain tile in place. Mr. Parsons presented an earlier grade plan. Mr. Dennis Kahl, Bethany Baptist Church, stated there is no school planned with the church. There was discussion on the curb cut directly across from the West Elementary School. Discussion followed on the height of the building and sky lights. Mr. Marka stated the height is not a problem with the airport flight zone. They are scheduled to begin construction in July and would like authorization to begin site grading. Mr. Marka stated the staff would like to continue the hearing to the next meeting to resolve the issues Brenda Ewing commented on earlier. Discussion followed on hardsurfacing and the requirements of the three year time limitation. Mr. Craig made a motion to continue the hearing to next month to review requirements and I•A HUTCHINSON PLANNING COMMISSION MINUTES JUNE 18, 1996 also, conceptually the plan is favorable however, site grading is at the owner's risk. • Seconded by Mr. Arndt the motion carried unanimously. c) CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 REGARDING BOATHOUSES Chairman Wood opened the hearing at 6.20 p.m. with the reading of publication #4926 as published in the Hutchinson Leader on Thursday, June 6, 1996. The request is for the purpose of considering an amendment to the Shoreland Management Ordinance Sections 2.71 and 5.22 regarding boathouses. Jim Marka commented on the request and prohibiting of boathouse storage in the shore impact zone. Mr. Prochnow made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 6:25 p.m. Mr. Prochnow made a motion to approve the amendment, seconded by Mr. Matejka the motion carried with Mr. Gilmer voting nay. • a) CONTINUATION OF CONSIDERATION OF REQUEST BY BRIAN AND BRAD LOKENSGARD TO REZONE PROPERTY IN SECTION 33, HUTCHINSON TWP., FROM AGRICULTURAL TO HWY BUSINESS (B -1) 6 Brenda Ewing stated no site plan has been received and staff recommends denial. Mr. Arndt made a motion to recommend to reject, seconded by Mr. Gilmer the motion carried unanimously. a) CONSIDERATION OF VARIANCE REQUESTED BY HENRY OGITZAK, 1060 BLUFF ST., FOR REDUCTION OF SIDE YARD SETBACK FROM 10' TO 5' FOR THE INSTALLATION OF AN INDIVIDUAL SEWAGE TREATMENT SYSTEM LOCATED IN HUTCHINSON TWP. Planning Coordinator Brenda Ewing commented on the request and explained the location in Hutchinson Twp. on Bluff St. She stated the lots are small and the septic system is failing. Staff has no recommendation as the City will not be providing services to the area in the near future. Discussion followed on the area and the cost of the septic system and the possibility of a joint powers agreement being reached with the township and city regarding services to those developments bordering the city. City Attorney Barry Anderson commented on the possibility of the cooperation with the townships and the city. Jim Marka will request direction for an agreement such between as the City of White Bear and White Bear Twp. do Mr. Craig made a motion of no recommendation to the city council, seconded by Mr. Gilmer the motion carried unanimously. Note the County Board of Adjustments acted on this at a special meeting on June 13. Mr. Craig made a motion to proceed with exploring a joint powers agreement with townships in similar situations. HUTCHINSON PLANNING COMMISSION MINUTES JUNE 18, 1996 Seconded by Mr. Gilmer the motion carried unanimously. b) CONSIDERATION OF REZONING REQUESTED BY SKIP QUADE TO REZONE PROPERTY IN THE SIOUX HILLS NO. 3 PLAT FROM AGRICULTURAL TO RURAL RESIDENTIAL Jim Marka commented on the rezoning request and the platting process. Mr. Craig made a motion of no recommendation, seconded by Mr. Gilmer the motion carried unanimously. None .M• , ► There being no further business the meeting adjourned at 6:40 p.m. 46 do 4 0 July 19, 1996 C, r I_ 4 • We have received from Ehlers the attached Bond Sale Report for the 1996 general obligation improvement bonds. The accompanying • resolution sets the bid opening for August 13, 1996 at 10 a.m. Steve Apfelbacher, from Ehlers and Associates will be in attendance Tuesday to answer any questions with regard to this issue. HiGoc \co l.rd I 1 L J City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 -Printed on recycled paper - Police Services 10 Franklin Street SW (1 F/utchi MN 55350 -2464 (612 / / JJ (612) 587 -2242 Fax(612)587 -6427 11 ju- 18 '96 12 :54PM EFLERS & ASSOCIATES QRA� P.2 /12 BOND SALE REPORT $1,050,000 GE NERAL OBLIGATION IMPROVEMENT BONDS SE RIES 1996 CtIY OF HUTCHINSON, MINNESOTA JULY 23, 1996 0 Prepared by: lez A14D Ehlers and Associates, Inc. 0 Overview This report describes the proposed plan for the City of Hutchinson to issue $1,050,000 General Obligation Improvement Bonds, Series 1996. This report has been prepared by Ehlers and Associates, in consultation with City Staff and bond counsel. This report deals with: • Purpose and components of bond issue. • Structure. • Other considerations in issuing bonds. • Market conditions. • Issuing process. • PURPOSE The $1,050,000 General Obligation Improvement Bonds, Series 1996 are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, for the purpose of Financing the public improvement projects listed on the next page: is Page 1 JUL 19 '96 10 :13AM EFLERS & ASSOCIATES • Project l3th Ave. NW Fifth Ave. SE Bluff Street Bridge BlufVAdams Street South Grade Road Sidewalk, Parking Lou, 3rd Ave SE, 13th Ave NW, Golf View Court Hutchinson Ind. Park Fifth Avenue SE Total Financing these projects requires a bond issue in the amount of $1,050,000. The proposed finance plan consists of the following sources and uses of funds: Constriction Federal Cost Funding P.2 /3 MSA Deferred Specal Funding Assessable Assessments $63,226 $0 s0 $38,044 542,733 111,730 0 0 14,989 14,989 762,300 320.000 400,000 0 15,000 244,440 0 175,000 0 0 561,308 387,655 0 0 8,955 289,027 32,000 50,000 114,950 0 0 0 118,000 88.330 Q 9 Q 4 $2,235,311 $707,655 $575,500 $85,033 $249,677 . Sources Par Amount of Bonds $1,050,000 Federal Funding 707,655 MSA Funding 575,000 Interest Earned 8306 Total Sources $2,340,961 Uses Total Project Costs $2,235,311 Discount Allowance 13,650 Capitalized Interest 75,000 Finance Related Expenses IT000 Total Uses $2,340,961 ' Assumes all special assessments are levied over 10 years and payable beginning 1997. Project estimate of $482,150 was reduced $172,200 with 1995 Improvement Bond proceeds. Special assessments of $128,955 were reduced by $120,000 special assessments projected in the 1995 issue. Page 2 JUL 18 '96 12 :55PM EHLERS & ASSOCIATES r1 U STRUCTURE AND REPAYMENT P.5 /12 The Bonds are general obligations of the City of Hutchinson and as such are secured by a pledge of the City's full faith, credit, and taxing powers. It is the intent of the Bond to use the special assessments levied in the years 1996 through 2005, at the same rate of the bond issue, against the benefitting property owners for payment of 23.78% (or $249,677) of this bond issue. The remaining balance will be paid by from a tax levy. The Bonds would be sold August 13, 1996 and be dated September 1, 1996. The first interest payment on the Bonds will be August 1, 1997, and semiannually thereafter on February 1 and August 1. Principal on the Bonds will be due on February I in the years 1998 through 2007. The repayment schedule has been structured over 10 years and was added to the existing tax levies for debt service. • The projected debt service and flow of funds can be found in Attachment 1 and the existing debt service levy is Attachment II. • Page 3 JUL IS '% 12:55PM EHLERS 3 ASSOCIATES P.6/12 • OTHER CONSIDERATIONS Following is a summary of key factors in the finance plan: We recommend the following call feature: Bonds maturing in 2004 and thereafter will be subject to prepayment at the discretion of the City on February 1, 2003. We anticipate that the City (in combination with any subordinate taxing jurisdictions or bonds issued in the City's name by 501(c)3 corporations) will not issue more than a total of $10,000,000 in tax - exempt debt during this calendar year. This will allow the Bonds to be designated as bank qualified. Bank qualified status broadens the market and achieves lower interest rates. • Because it appears that the City is not issuing more than $5,000,000 in tax- exempt obligations during calendar year 1996, the debt will qualify for the small issuer exemption from arbitrage rebate. • The Bonds will be global book entry. As "paper less" bonds, you will avoid the costs of bond printing and the need for registrar /paying agent. • Moody's Investors Service will be asked to rate this issue. The City currently has an "Baa -l' rating on its outstanding general obligation bonds. • New regulations of the Securities and Exchange Commission on the continuing disclosure of municipal securities apply to long -term securities with an aggregate principal amount of $1,000,000 or more. Because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain financial information and operating data relating to the Cityannually and to provide notices of the occurrence of certain material events. The • specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Page 4 JUL 16 '96 12:56PM EHLERS 3 ASSOCIATES P.7i12 • Continuing Disclosure Certificate that you will enter into at the time of closing for this issue. You are responsible for reporting any of the material events listed below and in the Continuing Disclosure Certificate. 1. Principal and interest payment delinquencies; 2. Non - payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit of liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax- exempt status of the securities; 7. Modification to rights of holders of the Securities; S. Securities calls; 9. Defeasances; 10. Release, substitution or sale of property securing repayment of the Securities; and • 11. Rating changes; 12. Failure to provide annual financial information as required; 13. Other material event. MARKET CONDITIONS The graph on the following page shows the trends in the Bond Buyer's 20 -Year G.O. Index (BBI) since 1994. While interest rates have risen from historic lows in 1993, current rates still mirror conditions found several years ago. • Page 5 JUL 18 '% 12:57PM EHLERS & ASSOCIATES P•9i12 • ISSUING PROCESS Following is a tentative schedule for the steps in the issuing process. July 23 City Council adopts resolution calling for the sale of the Bonds Week of July 29 Submit draft Official Statement and rating materials to Moody's Investors Service, Inc. for credit rating Week of July 29 Distribute Official Statement Week of August 5 Receive credit rating August 13, 1996 Bond sale (bid opening at 3:00 PM and Council consideration at 6:00 PM September 5, 1996 Bond closing • FURTHER CONSIDERATIONS We will be working with the City on the development of a debt management policy and study. At that time we will further discuss with you opportunities for calling, defeasing or refinancing existing debt issues as part of your policies. N:\ W PDATA*RIn.7i\7 d -1 DC8'MRES FtE -RPT • Page 7 For Discussion Only City of Hutchinson, MN General ObipsYm inorovermal Balls, Serbs 19% DMr pIlM l Res 0&01198 6.330952381 Last OMI/97 6.32023% 02/01/98 80,000 4.70 OBM1/98 Capitalized 105% 02/01/99 90,000 4.80 011/01/99 Fiscal Inta[ett OQ10112000 95,000 4.90 06/018DOO Assess Debt 02/01/2001 95,000 5.00 00101@001 49,96750 02/018002 100,000 5.10 06/018002 021018003 105,000 520 08/018003 86,334 020018004 110,000 5.30 08/018004 1997 25,375.00 02/01/2005 120,000 5.40 08/018005 OM1P1006 125,000 5.60 08/018006 115,375.00 140,750.00 02/01=7 130,000 5.60 Now 51,060,000 1,634,703 1998 Dated: 00/01/98 interest Start: 08/01/97 Discount: 13,850.00 Prepw ENen and Awomies $1,050,000 Attachment I Bond Yvan: 6.647.50 Lew: 6.330952381 Last Avwege Coupon: 6.32023% Not Interest Cost: 5.52557% Total Total Capitalized 105% Speew New Existing Total Fiscal Inta[ett P__dJ Maud kit Annul Assess Debt Debt 110M Yee[ 49,067.50 49,96750 75.000.00 27,255.00 107955.00 157,22250 86,334 .38,950 47,384 1,582,025 1,630,309 1997 25,375.00 25,376.00 25,375.00 115,375.00 140,750.00 147,788 37,551 110,236 1,524,567 1,634,703 1998 23,215.00 23,216.00 23.215.00 118,215.00 141,430.00 148,502 36,153 112,348 1,453,733 1,566,082 1999 20,887.50 20,887.50 20,887.60 115,087.50 136,775.00 143,614 34,755 1018,859 1,385,620 1,494,478 2000 18,51250 18,612.50 18,51250 118,51250 137,025.00 143,876 33,357 110,519 1,230,880 1,341,399 2001 15,98250 15,962.50 15,962.50 120,962.50 136,925.00 143,771 31,959 111,813 1,062,744 1,174,566 2002 13,232.50 13232.50 13,23250 123,232.50 136.465.00 143280 30,660 112,728 894,675 1,007,403 2003 10,317.50 10,317.50 10,317.50 130,317.50 140,635.00 147,667 29,162 118,504 785,133 903,637 2004 7,077.50 7,077.50 7.077.150 132.077.50 139,155.00 146,113 27,764 118,349 535,217 653,565 2005 3,64(100 3,640.00 3,640.00 133,640.00 137,280.00 144,144 26,366 117,778 537,237 655,015 2006 353 662.50 1 403862.50 1 40X5 682.50 Bond Yvan: 6.647.50 Avarega Ule: 6.330952381 Avwege Coupon: 6.32023% Not Interest Cost: 5.52557% , O� r n • • 07116196 Jl.t_ 18 '% 12 :58PN EHLERS & ASSOCIATES P.12i12 DRAFT • Resolution No. //,, 7 e 4 Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of S1,050,000 General Obligation Improvement Bonds, Series 1996 A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's 51,050,000 General Obligation Improvement Bonds, Series 1996 (the "Bonds "), to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Ehlers and Associates, Inc., in Minneapolis, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Hutchinson, Minnesota, as follows: 1. Authorization: Findings The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meetine: Proposal Ooenine The City Council shall meet at the time and place specified in the Terms of Proposal attached hereto for the purpose of considering sealed proposals for, and awarding the sale of the Bonds. The City Administrator, or designee, shall open proposals at the time and place specified in such Terms of Proposal. • 3. Terns of Proposal The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terns of Proposal" attached hereto and hereby approved and made a par hereof. 4. Official Statement In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this _ day of , 1996. City Administrator (SEAL) City of Hutchinson, MN 0.O. 9,d1Yap pN�au Nid F rmn, PwOwl Attachment II I 110 1991 1991 1992 Law COMA POyww61 FP41M0 09094 Ref. P -m-ft V. Yew TOO, Pal pal Pal 7 19" im 91.966 7976 47,610 1994 1693 IBM 01.40 79,166 10350 1886 1696 1997 nM 74?M 39,970 1998 1907 1910 79,423 71E13 76,716 aw 1990 1099 Pal 93303 77,470 1910 lm x000 P at "An 61,145 1910 2099 2001 230 ,409 84.496 66345 2109 2001 2002 67AM 79900 50.415 2001 2002 2002 1,191,944 47,745 2010 2093 2001 91.700 152.100 77.200 2090 2001 2005 200 2005 20" 119.690 110.900 07.100 8095 2006 2007 199.100 07.000 269.500 2706 2007 200 110.167 1n= 2007 200 2010 91,900 141.700 2006 2009 2010 18,571 1.602,9x3 137"10 £009 2010 2011 70.600 IM300 102,200 PwOwl Attachment II C 4 ' r 00 N N J I r1 9 1-r D !n C Y N Pl4pew09y� 4e3 N19U41e1 � ._ ... •_ D /110'10 I 110 1910 tm Ip00 1001 1102 1902 1093 loop 1100 +1,079,0110 OI.2M,OM 461.920,000 01.200,000 s7,/ lo 51,694100 S1 .204900 81.9y11004111 31J70,M 33070.910 I N,104W9 Yep. Beetle bp. 9wnO1 1". 9wdO Imp, Dank We. OmdO krp. Band, IYf.9p0E0 Ynp.bnd0 bW 99.6 kIx Owd4 010YI . 190. Some FOW m POI Pal Pal Pal Pal Pal Pal P at Pal Pal P al POI Debt 11.11y 230 ,409 97.200 113,500 110,100 95, ' m 67AM I ,000 126,X10 1,191,944 217,357 118,000 100.500 130.7110 91.700 152.100 77.200 91,900 18.900 07.200 1,x1,5,031 206.000 112.100 119.690 110.900 07.100 177.200 10.700 199.100 07.000 269.500 140,611 1,572,510 110.167 1n= 1n,090 93200 190,200 91,900 141.700 101.900 200.100 1y210µ 18,571 1.602,9x3 137"10 110.500 70.600 IM300 102,200 I*AM 100,000 270.900 1s1M9 211,214 1,024,667 157,710 74.500 179,100 111000 149,100 114,100 2µ,710 555,271 217,9" 1,463,TA 140,974 114,700 100,000 151,000 110.400 290,000 150321 242,624 1,85,020 170,757 100700 10,100 Ix30 290,700 161.939 260,70 1,23.2,000 KIM 152,999 129,700 300.300 102.010 290,10 1,002,7" 1 M200 3x0.700 U%171 215.60 04,076 W1 140,431 306,310 795.137 150}79 976,636 smil 1s7,an 370,414 3.17.237 156.710 155.731 140A" 160,630 lsa,3M 150,300 *0,108 103.92E C 4 ' r 00 N N J I r1 9 1-r D !n C Y N Pl4pew09y� 4e3 N19U41e1 � ._ ... •_ D /110'10 SHORT—TERM $50.00 r 4 M, 6 13 . 0 RETAIL "ON SALE" 0 6tate of oinnegota, COUXTy OF . .... . ..... ffcL!eod C To the ... city .. Council .... ..... ... . .._. the .CAt)l ........ ........ I ......... of ... ......... . . ......... I ...... ... 11 ....... 11 ............ ....... ... I ............... ..... ... ..State of Minnesota: R. C. Promotions hereby appl iqA-for a Ucen&e for the term of .... . . .... from W__. 2htkL.._. ------------- day of- 1096, to se" At Retail Onbr, Non-Intoxicating Malt Liquors, ae the tame are defined by law, for ewasumption "ON" thove certain Prvmim In W __ ...... . ... .. . ... ..... . ....... ..... Cit)f .. . ......... ......... .. o f _..__R _ ........ ____ ...... d as f t ._. IH Leod_ Tractor Pull at wh" place said appUoaM..__opera4W.....the businep of . .... ... • and to that end represent...._ and state. follows: That said applicant .. . ........ .. _...of the United Stater; of joad moral character and repute; and ha a .. attained the aga of 21 yeah; that—___ ........ BAid--,—. . .. ...... the establishment for which the license will be issued if this application is granted. That no manufacturer of such mon4nioxicattai wwat liquors has any ownership, in whole or in part in said bu4iness of said appU4an*._..&r any interest therein; That said applioant Ynake—.1hi, application pursuant and subJeat to 41 the laws of the State of Ali"e and the ordinances and rejulatio" of . ....... ....... applicable thereto, which are hereby made a part hereof, and hereby agree. to obsorcs and oNV the same; . .. ............... . ..... t w a ,.ti. W u. a I M ) Recommend approval with restrictions and requirements as in the past. Driver's License I.D. to be required for Each applicant further states that --he is not now the holder of, nor has —he made application for, nor does --he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. 0 Dated.._._ . 7-- 19 % CM OF HUTCHINSON CITY CENTER III K&SMN STREET SE HUTCHINSON. WIN 553502522 _j C /Z eu .d P. 0. 4 _� I G270 Minnesota Gambling Control Board or Board Use onl Application for Authorization to Conduct One -Day Off -Site Gambling Ii ¢a9:aF� 1 ?,. N Ph9 kI.tE #6 r ^ - y r ' ° a tix i ;�1[ P4 pry '�a Organrzaiot;lnformatlon F 4 2 �p 41 'i � pP 5, q� it •Li ei k' q �' F i� ;ari +F E 11 1 `FJ"?x'�f Ada `. I}+ :. ter•,,= k..e r.,, ,A ,. �xi.r. 4 ,. ac - -B.. .br<,la, Organization Name Class of Organization License Base License Number r. License Expiration Date �dnn; t k %-') V l _A' & (34. G- -4 - L44 1. IFJ. r 4h5iFda� x #al9 ' '� 6 Ei,$F t F1'9f^ Gamb »g Pf�er>r %nformatron r zE �_� , t}, a k !`° 1 4 r ' rF s '. Name of Establishment where gambling activity will be conducted <f e!: C_>1 T�/ ; ,6_'D0 � s Street Address City Does your organization own the gambling premises? E] Yes Oie If no, a lease agreement must he submitted with this application. (See instructions) f €a �,a�,' �s�x ActivityDa N -' , ;' � 4 5 � � 'T1b # r IP`�F'" ka&� .E� ";4�l ai rf.i R,��.. ^:Falb. . 7. F .0a 1i(s 1915 . {f`.� 6. E3F ,4 r .i P`i ds�dt �. a i 7 &h6. .cmu s Date of One -Day Off -Site Activity I / / 7 / <:i The gambling activity conducted on this day may not exceed 12 hours E �P ,i.:r. k I I i tt i i:, i , Type of Gambling Activity heck the box or boxes which indicate the type of gambling activity your organization will be conducting for this one -day off -site activity. 0 Bingo 0 Raffles 0 Paddlewheels Pull -tabs 0 Tipboards # _- Name of Chief Executive Officer (Cannot Be Gambling Manager) Daytime Phone Number Local Unit of Government Jurisdiction. .i'.b r 9 °a.,•.c ,~:pia r'. Is this gambling premises located within city limits?`} Yes No If yes, write the name of the city: City Name }},, — rh. A/Gv • If no, write the name of the county and the township County Name Township Name Check the appropriate status of the township 0 organized O gg unorganized Oumn .Jk s,fyp B' dy ' 'k kit'- trat FFft pr.sdR �e w �1 y'xn f5d 3MW ' Of Gove a I �I�,, # ifk:,f I I`rMni� ". &.h1 ^ 4G F q � .local U� rnm t Acknowledgment Rio .§. f e. >ei? JmP 1. The city must sign this application if the gambling premises is within city limits. 2. The county and township must sign this applica- tion if the gambling premises is not within city limits. 3. The local unit of government (city or county) that signs this premises permit application must pass a resolution specifically approving or denying this application. City or County Acknowledgment of Receipt of Application Signature of person receiving application x Date Received July 15, 1996 Title ot person receivmt City Administrator 4. A copy of the local unit of government's resolution approving this application must be attached to this application. 5. DO NOT submit this application to the Gambling Control Board if it is denied by the local unit of govern- ment. 6. NOTE: A township has no authority to deny an appli- cation Township Acknowledgment of Awareness of Application Signature of person acknowledging application Oath of Chief Executive'Ocer I have read this application and all information is true, Signature of Chief Executive Officer: person accurate and complete. Date: Submit the application at least 30 days prior to your scheduled date of activity and attach the resolution of approval from the local unit of government. For gambling activity other than raffles, attach a copy of the lease agreement. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made avallable in alternative format (I.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 -627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this forth will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this forth will become public information when received by the GCB. M E M O R A N D U M •• • u. . •.r -• ,, - r• �-._. a -r ra.-r - • r . r- u•r qlwel_ • Attached is a listing of the delinquent water and sewer accounts for the month of July. Recommend service be discontinued on Monday, July 29th,1996 at Noon. • jl_,4F. 2- 035- 0607 -0202 2 -440- 0750 -0601 Lee Wixcey Christine Schulte 607 2nd Ave SW 750 Graham St Hutchinson MN 55350 Hutchinson MN 55350 607 2nd Ave SW 750 Graham St 111.90 103.09 2- 035- 0840 -0907 2- 465- 0626 -0801 Wilton Soderberg Chris Johnson 840 2nd Ave SW 626 Harmony La Hutchinson MN 55350 Hutchinson MN 55350 840 2nd Ave SW 626 Harmony La 244.64 100.21 PROMISES 7 -31 -96 2- 310 - 0934 -0202 Wm Herdina 2-470- 0715 -0301 934 Church ST E Duesterhoeft Hutchinson MN 55350 715 Harrington St 934 Church St Hutchinson MN 55350 198.23 715 Harrington St PROMISES 8 -3 -96 163.79 2- 325- 0545 -0601 2 -555- 0530 -0401 Mark Schnobrich Angela Biehler 545 Clinton Ave 530 Jackson St Hutchinson MN 55350 Hutchinson MN 55350 545 Clinton Ave 530 Jackson St 133.34 103.52 2- 350- 0317 -00003 2- 670 -0400 -0109 Scott Corrow John Sandahl 317 Dale St 400 Lynn Rd Hutchinson MN 55350 Hutchinson MN 55350 317 Dale St 400 Lynn Rd 97.90 103.50 2- 350- 0344 -0704 2- 670 - 0585 -0804 Terry Sitz Robert Stone 344 Dale St 585 Lynn Rd Hutchinson MN 55350 Hutchinson MN 55350 344 Dale ST 585 Lynn Rd 160.79 115.28 • 2- 700 - 1320 -0001 Ronald Thompson 1320 McDonald Dr Hutchinson MN 55350 1320 McDonald Dr 97.01 PROMISES 8 -2 -96 2- 725- 0765 -0506 Gordon Stowell 765 Milwaukee Hutchinson MN 55350 765 Milwaukee Ave 109.76 PROMISES 7 -26 -96 2- 791 - 0610 -0101 William Murtha 610 Park Island Dr Hutchinson MN 55350 610 Park Island Dr 241.34 2- 805- 0325 -0106 Terry Bisbee 325 Pishney La E Hutchinson MN 55350 325 Pishney La E 52.31 3- 060 - 0264 -0202 Michael Bozada 1304 Sunrise Dr Glencoe MN 55356 264 4th Ave NW 81.77 CC: Dolores Faustino 264 4th Ave NE Hutchinson MN 55350 3- 383 - 1200 -0706 Jill Gruis 735 Main St N Hutchinson MN 55350 1200 Fairway Ave 119.51 CC: Van Karg 525 Lakewood Dr Hutchinson MN 55350 • 11 r1 L J Athletic Rehab Cente c A., " t w4*- d o e A division of Hutchinson Arm Health Care 1095 Highway 15 South • Hutchinson, MN 55350 • 612/234 -4739 • 0 July 12, 1996 Marilyn Swanson Hutchinson City Center 111 Hassan St S Hutchinson, MN 55350 Dear Ms Swanson, JUL 15 1996 The Athletic Rehab Center will be sponsoring it's third annual 8K Run and 2 mile walk on Saturday, September 14th, 1996. Last year we had 38 participants and we anticipate a similar response this year. The run will begin at 9:00 a.m. and the walk at about 9:05 a.m. Both events should finish by 10:30 a.m. The run course is the same as previous years: a 5 -mile loop that starts and finishes at Hutchinson Hospital, winding around the south part of town on mostly through streets, and crossing Main street at only one intersection. The walk shares some of the same streets but does not cross Main street. Traffic assistance from the Hutchinson Police Department has been requested for the crossing at Main street and Fifth Avenue SE as in past years. Other intersections to be assisted by our own volunteers as needed. Enclosed is a map and street description of the courses. Please let me know if any further information is needed, my phone number is 234 -4875. Thank you. Dawn Gillick, MA., P.T. Director, Athletic Rehab Center Run/Walk DG:jk - - Athletic Rehab Cente c t , art -0 d c . . A division of Hutchinson Arm Hmlth Care 1095 Highway 15 South • Hutchinson, MN 55350 • 612/234 -4739 SK RUN COURSE • Begin and end HAHC Parking lot (SW corner) • East on Century Ave to Jefferson St • North on Jefferson to 5th Avenue SE • West on 5th Ave, across Main St, to Lynn Road • South on Lynn Rd to Linden Ave • West on Linden Ave to Harrington St • North on Harrington St to 5th Ave SW • East on 5th Ave /Juergen /5th Ave across Main St to Hassan St • South on Hassan St, across Oakland to Jorgenson St • South on Jorgenson St to Century Ave • West on Century Ave to finish line 2 Mlle Walk Course • Begin and end HAHC Parking Lot (SW comer) • East on Century Ave to Jefferson St • North on Jefferson St to Selchow Ave • West on Selchow Ave to Jorgenson St • South on Jorgenson St to Century Ave • West on Century Ave to finish line i — F, 0 0 OIY II 99 ,Y • ® A 1 1 OAtt.AYO Ot YItA,V I M x \ • - - - - - - - - - - % Y a+ a, t 1 ll , g S HUTCNINSON nttYMt Avg. 1 \ y A- o` JAYWtf . Oq ------ - o1AMIll LlYltl IYAY, I,M /tricullNI lilt MERGER 4, 011/tll INI � •avwu tAd 1 IYV YOl 11 A ARTA A" Fld 13k , 1 A 1'1 b al.c •A 11 1 I 1 1 1 . r • - - - - - - .... . ... .... I ......... 1 y 1 I 1 + 4 m 0 8 1 1 2 MuE WALK i 1 1 1 1 1 1 • - - - - - - - - - - % A `♦ HUTCNINSON ♦ MINNESOTA 1 tM Ott {:R 'tN MM JAYWtf . Oq ------ - o1AMIll LlYltl IYAY, I,M /tricullNI lilt MERGER 4, 011/tll INI � •avwu tAd 1 IYV YOl C ' • • . •. t.. t W 1111 oil .t . n.n . e WIT n.8, 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 June 3, 1996, Rick Pomroy, Bethany Baptist Church, submitted an application for a conditional use permit to construct a church building in the R -2 (Multiple Family Residence) District at 850 • School Rd. S. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, June 18, 1996, and continued to the regular Planning Commission meeting held on Tuesday, July 16, 1996, 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, June 6, 1996. 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 satisfactory completion of all staff requirements on the checklist from the technical review. DATE: July 17, 1996 Respectfully submitted, • City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 Dean Wood, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 2344240 Police Services 10 Franklin Street SW Hutchinson, MN 55350.2464 (320) 587 -2241 Fax (320) 587 -6427 - Printed on recycled paper - July 15, 1996 Mr. James Marka Building Dept_ City of Hutchinson Hutchinson MN. 55350 Dear W. Marka, This letter is to confirm that Bethany Baptist Church and Word of Life Church are in the process of working out an agreement for the sharing and use of the water retention pond required on the properties being developed. Teams have been agreed upon and a legal document will be provided to the City of Hutchinson as soon as it is drafted. Thank You_ Sincerely, - Word o Cife Outrea enter Z r p md�- Bethany Baptist Church A 0 0 , MINIS I runes nvvirICN Mr- , MINIS la-� • i , v' N; O; L � Z I r i la-� • i , v' N; O; L � Z I • -- ' .so - - --- vo w ' 4 •srr_ ___ ___._ q q _ r '- ------ -- --- -- ----- -- — - - - - - - -- --• - ------ • H PAM" VPa yy la-� • i , v' N; O; L � Z I 0 0 .... ....... ......... 1 16161 ........ .. SW28'26'E 49350 I't, -F It rut, 10 • n f,J RFTHANY HA.FTIST Cf JJHCH r.. aigl''N WH • NW..,- )/ -6 DATE: July 17, 1996 TO: Hutchinson City Council I'• �, rrrr.r rr run rr. SUBJECT: 1. W01011jel I MrSIRIM to WOMOMM4F.W1161 :7aLL 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 June 27, 1996, Ms. Anne Hirsch, submitted an application for a conditional use permit to move a 1978 - 14'x 70' mobile home onto lot 102 in Country Club Terrace, 448 California St. A public • hearing was held at the regular meeting of the Planning Commission on Tuesday, July 16, 1996, 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, July 4, 1996. 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 staff requirements regarding life safety criteria as found in Section 8.08 in the Hutchinson Zoning Ordinance. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission is City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax(320)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax(320)234.4240 Police Services 10 Franklin Street SW Primed on recycled paper - Hutchinson, MN 55350 -2464 (320)587.2242 l /7/ Fax (320) 587 -6427 C TO: Hutchinson Planning Commission DATE: July 3, 1996 FROM: Planning Staff - G. Plotz, J. Marka, B. Ewing, M. Hensen, S. Madson, J. Ward, J. Webster, Dick Lennes, Matt Mullins and B. Baumetz SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ANNE HIRSCH TO MOVE A 14'X 70'- 1978 MOBILE HOME ONTO LOT 102 IN COUNTRY CLUB TERRACE, 448 CALIFORNIA ST. The Planning Staff recommends approval of the request provided the following criteria are met: • Smoke detectors are required in each bedroom and in the corridor. • The windows must be double glaze. • One egress window is required from each bedroom. • Gas piping installation must be retested, reinspected a approved by the City Building Inspector. Hutch Utilities provides 7 inch w.c. • The electrical service must be a minimum of 100 amp circuit breaker type with ground fault interruption. • A building permit is required after approval of the conditional use permit. • Compliance with MN Statutes 327.32 and 327.34 and other applicable building codes and standards and regulations. cc: Anne Hirsch City Center III Hassan Street SE Hutchinson, MN 55350 -1522 (320) 587.5151 Fax(320)234-4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 2344240 4 4 - Printed on recycled paper - 1 0 Police Services • 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587.2242 Fax (320) 587 -6427 MEMORANDUM 0 r ' L 0 RESOLUTION NO. 10708 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER • SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO MOVE A 1978 - 14'X 70' MOBILE HOME ONTO LOT 102 IN COUNTRY CLUB TERRACE, 448 CALIFORNIA ST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: Ms. Anne Hirsch, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to move a 1978 - 14' x 70' mobile home onto Lot 102 in Country Club Terrace, 448 California St. 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 requirements regarding life safety criteria as found in Sectio 8.08 in the Hutchinson Zoning Ordinance. Adopted by the City Council this 23rd day of July, 1996. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor F 1 L A C DATE: July 18, 1996 �..IT SUBJECT: CONSIDERATION OF AMENDMENT TO SECTION 12.01. SUBD. 5. TO ADD LANG A ,E. REGARDING REQUIREMENTS FOR LOT SPLITS Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend City Code Section 12.01. HISTORY In July, 1996, the Hutchinson Planning Staff requested an amendment to the City Subdivision Ordinance Code, Section 12.01 regarding conveyance of land requiring a registered survey in the event of a lot split request as follows: Subd. 5. No conveyance of land in which the land conveyed is described by metes and bounds, or • by reference of a plat made after adoption of these platting regulations without recommendation by the Planning Commission, approval by Council resolution, shall be made or recorded if the parcel described in the conveyance is less than five (5) acres in area and 300 feet in width unless such parcel is a separate parcel of record on the effective date of this Chapter or unless an agreement to convey such small parcel was entered into prior to such time and the instrument showing agreement to convey is recorded in the office of the County Recorder within one year hereafter. A reg FINDINGS OF FACT 1. All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursday, July 4, 1996. 3. The proposal was deemed to he appropriate and in the best interest of the City. The hearing was held at the regular meeting of the Planning Commission on Tuesday, July 16, 1996, at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the Subdivision Ordinance be granted as set forth above subject to further review of language by the City Attorney to create consistency in the ordinance. Respectfully submitted, Dean Wood, Chairman City Center Parks & Recreation Hutchinson Planning Cord1f&A&rvices 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (320) 587 -5151 (320) 587 -2975 (320) 587.2242 Fax (320) 2344240 Fax (320) 2344240 Fax (320) 587 -6427 Printed on recycled paper - 1 e ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** JANE VAN VALKENBURG RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON July 18, 1996 'ALfO MITTC TC AND N[W YORK s. ° Nl"ari yn Swanson Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Lot Split Ordinance Our File No. 3188 -87031 Dear Marilyn: J JUL 1 8 1996 CU OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 I am enclosing herewith inclusion in the Council packet for next Tuesday evening, the revised Ordinance which was approved by the Planning Commission with a couple of minor changes dealing with lot split issues. • Concern was expressed by at least one Planning Commission member that there were some inconsistencies in the references to real estate (multiple references to land, parcel and small parcels were believed to create confusion). To make the language parallel, I have recommended the addition of the word "part of" int he first line of Subd. 5 and "small" which should clarify some of the confusion that members of the Planning Commission felt was present. From my review of the Ordinance, it would appear that this language has been in the Ordinance for many years and perhaps since the City first adopted an ordinance governing the splitting of lots. This proposed Ordinance should be substituted for the ordinance arriving from Planning Commission staff. Thank you for your time and attention to these matters. Best regards. Very truW & DOVE, P.L.L.P. LJ G.fv Anderson ISM: lm Enclosures 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 ORDINANCE NO 96 -170 , 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 12.01, SUBD. 5, CONVEYANCE OF LAND BY ADDING THERETO AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1: City Code Section 12.01, Subd. 5 is hereby amended as follows: Subd. 5. No conveyance of a parcel of land in which the parcel of land conveyed is described by metes and bounds, or by reference of a plat made after adoption of these platting regulations without recommendation by the Planning Commission, approval by Council resolution, shall be made or recorded if the parcel described in the conveyance is less than five (5) acres in area and 300 feet in width unless such parcel is a separate parcel of record on the effective date of this Chapter or unless an agreement to convey such small: parcel was entered into prior to such time and the instrument showing agreement to convey is recorded in the office of the County Recorder within one vear hereafter. A registered land survey is Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this _ day of July, 1996. Marlin Torgerson, Mayor 0 Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader: First reading: July 23, 1996 Second reading: .4-1 C� r DATE: July 18, 1996 FROM: SUBJECT: Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary and final plat. HISTORY On July 1, 1996, Mr. Dennis Kahl, Compton Anderson Construction, submitted a preliminary and • final plat of NORTH PARK RIDGE TOWNHOMES located in Helland's Eighth Addition. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 16, 1996, at which time there were no neighboring property owners objecting to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 4, 1996. 3. Director of Engineering, John Rodeberg, will submit certification that the proposed preliminary and final plat meets all the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned preliminary and final plat be approved subject to staff recommendations noting the developer is to provide a sketch to the City Engineer showing independent configuration of sewer and water connections. Also, the developer is to obtain necessary easements, prepare shared driveway agreements and change the access driveway for unit #5 located on Lot 92 from School Road to Arizona Street. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission • City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street S W 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350.3097 Hutchinson, MN 55350 -2464 (320) 587 -5151 (320) 587 -2975 (320) 587 -2242 Fax (320) 234-4240 Fax (320) 2344240 Fax (320) / 587.6427 - Printed on recycled paper - L -4T • �� \� r Q��((••'���Yv ill' •+' •. ' ' ra 11 J I Q • 'ril . J - • u� Nip .. y Nor 1 � w .w , r J . J I . • , J W 1 L 1 ,� N • q O.» ovf .r , .T • � , � acv . � f . m...• au srra f � . .[U • 1 ' 1 •'• � I f � ' J J »•� -- .r -71 �. w Y . I / i J G 4-1 W 1 n w �1 » yN , • •• w w w . - ; Je - wr ' , , ` - w •.Nw w»w T g� /OOR.i YI/ SM5 BLOCK 1 GLOM I w» mio. 2 V r W 1 n w �1 » yN , • •• w w w . - ; Je - wr ' , , ` - w •.Nw w»w T g� uralnoge and unary soNm.nn QT. vww —w* 0 0 Widths of easem Mrs ore shcl.n on the map, 1 / 11 u I 1 0 2 a0 00 sa01e in feel o denotes 1/2 Inch by 14 Inch Iron pipe marked by License No. 9626 Tits coat line of Tract B of R.L.S. No: 21 nos an assumed Dearing of South. /•� ell " +•:.'. � .: a N6O �� �� r •L e r. P., li.',°i. 1 4 y era�° O NN I IN I e ;, a 1 , Prapmea `sae.. I , N \ Mo ..e SL HK C� I-- tl 4— LL 1] r LIJ 1._ 1 I .Y n e � °Wad• e Y^ T{� I I N L °o.. yr -- S SV40' 10' W 9LMIL e . . . . n t / ZoV v. / ell ITl.i rl don. Lacer em .our / 4 ] V h ' 10 Pr epaue 9oerG -� ]0.731 ^ca ai2i 1KIPr -= . Prapa +ld N M. 5 Neal Inc a7. 3 eau In. GL 58 llerin Inr +e ?73 V Wlalne of rM meemenn we Mean on PO 40 80 -0 /0 /n fist M N Block 1, HELLAND'e e19HM ADDrnoN •'� / KIP DarwNe tren nrornwwar to,na D.noree 1/2 Inert d~or Non l AP lb e Pipe let a kee by home. tie. 24329 • � a 'Y 6�' / � \ / / i 1 2 i _L I — JI MNLepgl— I I 3 Is BLOCK I I I le i 4 IS I I I I Io r � I r \ I \ rQ. FINAL PLAT NORTH RIDGE TOWNHOMES , KNOW ALL MEN BY THESE PRESENTS: That W. A. Holland, a single person, owner and proprietor of the following described property situated In the County of McLeod, State of Minnesota, to wit: Lots 2 and 3, Block I, HELLAND'S EIGHTH ADDITION, according to the recorded plot thereof on file and of record In the ofnce of the Regrlstrar of Titles In and for the County of McLeod and State of Minnesota. Has caused the same to be surveyed and platted as NORTH PARK RIDGE TOWNHOMES, and does hereby dandle and dedicate to the Public for public forever the easements as shown on this plat for drainage and utility purposes only. 1 � I ----- - - - - -- — — — — — - o - SSW40'10'W 173.83 -- r \ I \ rQ. FINAL PLAT NORTH RIDGE TOWNHOMES , KNOW ALL MEN BY THESE PRESENTS: That W. A. Holland, a single person, owner and proprietor of the following described property situated In the County of McLeod, State of Minnesota, to wit: Lots 2 and 3, Block I, HELLAND'S EIGHTH ADDITION, according to the recorded plot thereof on file and of record In the ofnce of the Regrlstrar of Titles In and for the County of McLeod and State of Minnesota. Has caused the same to be surveyed and platted as NORTH PARK RIDGE TOWNHOMES, and does hereby dandle and dedicate to the Public for public forever the easements as shown on this plat for drainage and utility purposes only. 1 � I • • O H 70 /00 / O y J / 4 ' U6T3 � 1 UR 4 SKETCH OF PROPOSED DEVELOPMENT N FOR COMPTON ANDERSON CONSTRUCTION LOT 2 AND LOT 3, BLOCK I, HELLAND'S EIGHTH ADDITION TOTAL AREA • 70623 SO FT 1.62 ACRES / / / I I CAROLINA AVENUE LOT AREAS (SO FT) LOT I - 13130 LOT 2 - 20666 LOT 3 - 13612 LOT 4 - ite63 UNIT AREAS (SO FT) vw 1 - 6302 6 \ ' U6T 3 - 6670 UMT 6 - e666 U6T 4 - 6126 U6T 6 - 4666 UtT 6 - 6101 166T 10 - 4664 � U6T 11 - 3M7 0 Uhf 3 2 % ` UMR I qll n I L a / 6 n / - --T -___ WR7 a / \a Q 1 , 1 I • L4eT I I; Un 10 WT 6 NR 6 1 1 1 `L (7 ly 1 1 I I CAROLINA AVENUE LOT AREAS (SO FT) LOT I - 13130 LOT 2 - 20666 LOT 3 - 13612 LOT 4 - ite63 UNIT AREAS (SO FT) vw 1 - 6302 U6T 6 - 6616 U6T 2 - 6626 UeT 7 - 7667 U6T 3 - 6670 UMT 6 - e666 U6T 4 - 6126 U6T 6 - 4666 UtT 6 - 6101 166T 10 - 4664 U6T 11 - 3M7 FO LD M LA W rAY114 110a4N60N w ( V, RESOLUTION NO. 10709 RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT KNOWN AS " NORTH PARK RIDGE TOWNHOMES" SUBMITTED BY MR. DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION WHEREAS, Mr. Dennis Kahl, Compton Anderson Construction, has submitted an application for approval of a preliminary and final plat to be known as NORTH PARK RIDGE TOWN of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod county, to- wit; Legal Description: Lot 2 and Lot 3, Block 1, Helland's Eighth Addition BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That said preliminary and final plat of NORTH PARK RIDGE TOWN is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota subject to staff recommendations noting the developer is to provide a sketch to the City Engineer showing independent configuration of sewer and water connections. Also, the developer is to obtain necessary easements and change the access driveway for unit #5 located on Lot #2 from School Road to Arizona Street. BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 23rd day of July, 1996. ATTEST: Gary D. Plotz, City Administrator • L Marlin Torgerson Mayor • 41'J 0 C DATE: July 18, 1996 • .� �.� 1 rd '• •_ 1!60',.!!.1• i SUBJECT: 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 July 1, 1996, Mr. Dennis Kahl, Compton Anderson Construction, submitted an application for • a conditional use permit to construct a four plex townhome located in the R -3 District. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 16, 1996, 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, July 4, 1996. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission • City Center Ill Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax(320)234 -4240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587.2242 i1 _ K Fax (320) 587 -6427 Printed on recycled paper - SKETCH OF PROPOSED DEVELOPMENT N FOR COMPTON ANDERSON CONSTRUCTION LOT 2 AND LOT 3, BLOCK I, HELLAND'S EIGHTH ADDITION TOTAL AREA - 70525 SO FT 1.62 ACRES O H 70 /M 1 P nIJKN LW BVRVEYM LOT AREAS (SO FT) LOT 1 - 13130 LOT 2 - 20666 LOT S - 13612 LOT 4 - 22685 \ g O ct - .4., w 0V W � w 4 3 VNR I I � UNIT 10 UNT 9 U9T 6 iu 1 1 i 1 1 11 CAROLINA AVENUE UNIT AREAS (SO URT 1 - 5302 UHT 6 - 5646 UHT 2 - 6626 WT 7 - 7967 UHT 5 - 6670 IR9T 6 - 6666 U8T 4 - 6126 IR6T 9 - 4956 IMT 6 - 8101 U9T 10 - 4954 U r 11 - 5867 F J / 3 .uNR 5 a • O a � { IRIR S 2 _J / au 2 / J spa i / UHT 6____ n RRT 7 1 P nIJKN LW BVRVEYM LOT AREAS (SO FT) LOT 1 - 13130 LOT 2 - 20666 LOT S - 13612 LOT 4 - 22685 \ g O ct - .4., w 0V W � w 4 3 VNR I I � UNIT 10 UNT 9 U9T 6 iu 1 1 i 1 1 11 CAROLINA AVENUE UNIT AREAS (SO URT 1 - 5302 UHT 6 - 5646 UHT 2 - 6626 WT 7 - 7967 UHT 5 - 6670 IR9T 6 - 6666 U8T 4 - 6126 IR6T 9 - 4956 IMT 6 - 8101 U9T 10 - 4954 U r 11 - 5867 NUTCHNWN MN I • L JOB N0. 96069 1 • A • r " N , f �� „ 1 l 1 A' •) 1 • , i l B , • I, ' • • r a maw• .a + , i • S • �_1 � s 1 . I ! C Al _; ` -1 l • _ _.. 2 ' ' , y ' Fa i 1 1 A -1 R -1 .�. 1 M .a•n u I.•I�H • r 2' EF ` ) �A1 , Y Y 1 • � I ) + n •• r � • AlOUt 1 / dDtlf 1 .i mN• I �i ancu 2 .�. 1 M .a•n u I.•I�H • r 2' EF ` ) �A1 , Y Y 1 • � I ) + n •• r � • RESOLUTION NO. 10710 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER • SECTION 6.07 OF ZONING ORDINANCE NO. 464 REQUESTED BY MR. DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION, TO CONSTRUCT A FOUR PLEX TOWNHOME LOCATED IN THE R -3 DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: 1. Mr. Dennis Kahl, Compton Anderson Construction, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 for the construction of a four plex townhomc located in the R -3 District at Arizona Street and Carolina Ave. with the following legal description: LEGAL DESCRIPTION: Lot 2 and Lot 3, Block 1, Helland's Eighth Addition to be platted as Lot 4, Block 1, North Park Ridge Townhomes 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of • properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 23rd day of July, 1996. ATTEST: Gary D. Plotz Marlin D. Torgerson City Administrator Mayor 7 JI-KI C DATE: July 18, 1996 FROM SUBJECT: Pursuant to Section 6.04, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. On July 1, 1996, Mr. Dennis Kahl, Compton Anderson Construction, submitted an application for • a variance to reduce sideyard setback from 20 feet to 16.8 feet and front yard setback from 30 feet to 25 feet to construct a four plex townhome located in the R -3 District and side yard setback from 10 feet to 8 feet to construct two duplex townhome units located in the R -3 District. A hearing was held at the regular meeting of the Planning Commission on Tuesday, July 16, 1996, at which time the was no one present objecting to the request. 101 i • :.� The required application was submitted and the appropriate fee paid. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 4, 1996. It is the recommendation of the Planning Commission that the variance be granted based on the findings set forth above. NOTE: A hardship has been created by the ordinance changes in 1992. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission • City Center 111 Hassan Street SE Hutchinson, MN 55350.2522 (320) 587 -5151 Fax (320) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 2344240 Police Services 10 Franklin Street SW Hutchinson, MN 55350.2464 (320) 587.2242 Fax (320) 587 -6427 - Printed on recycled paper - � � 1 �r f • / '! UJI • ,� I M � l �� r • 1 • + 4 • u i , r� M • 1 1 ps I •, w • � h i , ' i f j � i � i � i ' • - °' • � i tle� M� OlO+gK� 1� + + i 1 i t • • ! r• � 4 � r i • • 8 f • ! - - I R-1 • ' + rr m•a • 1 • • • • I—i j • r ars..ro. 4 • KOCK Z � • • • l r i on: . mw•• ar aYV ' .: - -- 2 1 . - -� • , • w �• ,omntrs • r l r n � c � Ate, u y 1 N • ►�n + + •• a � • • I , YIY • I • n 4 M N • I � , N u ) • w r • n - Y 4 1 • y • M Y• • Y ��' 1 WF • • • Y � /[ •.fir • Y 1 .. �� 1 I r 1 • 1 '•� rr • • 0 es so im / P r / a + uHr 5 + + ++ UHf 4 + UHT 3 + 2 SKETCH OF PROPOSED DEVELOPMENT N FOR COMPTON ANDERSON CONSTRUCTION LOT 2 AND LOT 3, BLOCK 1, HELLAND'S EIGHTH ADDITION TOTAL AREA • 70623 SO FT 1.62 ACRES / / PNJlN LAD aURVDM Qlir Q Z O N Q m I J06 HA 98065 - k, / O e UHT 2 - io U1Yi I / / t ae 4 Py e UM 6 n . ..... . . . . uHT 7 / � s 0, X1 4 3 I I - we 11 ; 1Na7 10 HaT 6 um a » CAROLINA AVENUE - - - - - - - - - - - - - - - LOT AREAS (SO FT) UNR AREAS (SO F'f) LOT I - 13130 UHT I - 6302 UHT 5 - 5546 LOT 2 - 20666 UHT 2 - 6626 UHT 7 - 7967 LOT S - 13612 T 6 - 66 NR 3 - 6670 UHT 6 LOT 4 - 22065 UHT 4 - 6126 UHT 9 - 4956 UHT 6 - 6101 UHT 10 - 4964 UHT 1 I - 5667 PNJlN LAD aURVDM Qlir Q Z O N Q m I J06 HA 98065 - k, RESOLUTION NO. 10711 RESOLUTION GRANTING VARIANCE FROM SECTION 8.15 OF • ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE TO REDUCE FRONT YARD AND SIDE YARD SETBACKS TO CONSTRUCT TOWNHOMES LOCATED ON PROPERTY IN HELLAND'S EIGHTH ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Dennis Kahl, Compton Anderson Construction, has applied for a variance from Section 6.04 of Zoning Ordinance No. 464 to reduce side yard setback from 20 feet to 16.8 feet and front yard setback from 30 feet to 25 feet to construct a four plex townhome located in the R -3 district and side yard setback from 10 feet to 8 feet to construct two duplex townhome units located in the R -3 district with the following legal description: Legal Description: Lot 2 and Lot 3, Block 1, Helland's Eighth Addition 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an • adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The application for the variance for the purpose designated is granted based on the findings set forth above. Note: A hardship was created by the ordinance changes in 1992. Adopted by the City Council this 23rd day of July, 1996. ATTEST: Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor 0 � -4 DATE: July 18, 1996 TO FROM SUBJECT: Hutchinson City Council Hutchinson Planning Commission CONSIDERATION OF RESOLUTION TO CHANGE STREET NAME FROM SUPERIOR AVE. S.E. TO EASTGATE DRIVE S.E. The Planning Commission recommends approval of the street name change. • • City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 234-4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -1464 (320) 587 -2242 Fax (320) 587 -6427 4-/�I N SECOND ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT I, •_� lam. YnI.L]r..�MW hYwL1�l1.w...MW LYel lwtl..w. A... 4a. .VNN iI.AL •I.n .' - -1 , ...i. n .n tl .M. tl ..r. ra �.M wY ... IY �... M w M�w.i .LrR. Yili...Y.N ... �• w.W 1. ...Cr•Yp4 �I.r.�rMrlw l,L).. •. A. L...rY.OWY....w im ..�� .1 wWhw.Crrr..ry.w tlrr.Da r•.. ).n ...r wY.�«.rWhY.. •....r .r.��.... :.MM..tOI 1w[Ywrr....wr...lY.l a. l.hF.. L.Yr.I06 Y..Ya »..�wLw . er .. .. ls'... r).uC MMr». «tl.Y.OI ..... l.l. ..)Wy ar.Y ..Y.r.. yl.r rf Y•.�YM � I _ _ YW WI r.W ff.R Olwlgl. ibaTMre•.w... .... �. .. ... �. F 1 .. � I � o. r. wlr+ +....er..n...........w. :me.erlo m.nom .ou..h ri.ci.rr.. ••�•..�..,, I� • v r w•• — � �� i ,r' /I /fA/i0[{� ww`4Wr. r.....�. »rw rm. r nfn -- ra BLOCK' I $ ,.- «..<__..�........._...- .,.... -. ._ -- -- .. f` r j " 4 -� �- •� � i I In.n.. Ytl� rr/. YMY..w I {11 � 1 • +n w t — ; I C .!: F`.L .,,. ...n_'.]•..V �:�1��: _L ________________J__ _Ipa u_ `viK..._ d,_L Ak____� I� 1 ' • RESOLUTION NO. 10712 RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME FOR SUPERIOR AVENUE S.E. LOCATED IN SECOND ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT PLAT WHEREAS, the City of Hutchinson is requesting a change of street name for Superior Avenue S.E. located in Second Addition to Hutchinson Industrial District Plat at the request of Impressions Inc., and; WHEREAS, the street is recorded as Superior Avenue S.E.: BE IT FURTHER RESOLVED, the street name sball be changed as follows: From -Superior Avenue S.E. To - Eastgate Drive S.E. Adopted by the City Council this 23rd day of July, 1996. is ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor JT - A I MINUTES HUTCHINSON PLANNING COMMISSION f0 R .Y0UR 1 %0R4f T, Tuesday, July 16, 1996 • 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, Bill Arndt, Glenn Matejka, Roger Gilmer, Dan Prochow and Chairman Wood. Members Absent: Craig Lenz Also present: Jim Marka, Director of Building, Planning and Zoning, G. Barry Anderson, City Attorney and Matt Mullins, Planning Intern • � rr - • • • • s : u �1•L�ti?I.1�19�I�i[JiE:1;'Z� Mr. Matejka made a motion to approve the minutes of the meeting dated June 18, 1996, seconded by Mr. Gilmer the motion carried unanimously. a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BETHANY BAPTIST CHURCH FOR CONSTRUCTION OF CHURCH BUILDING IN R -2 DISTRICT Chairman Wood reopened the hearing at 5:31 p.m. with the reading of publication # 4925 as published in The Hutchinson Leader on Thursday, June 6, 1996. The request is for the continuation of a public hearing for the consideration of a • conditional use permit requested by Bethany Baptist Church for construction of a church building in the R -2 (Multiple Family Residence) District. Matt Mullins, Planning Intern, commented on the request and the updated site plan. Mr. Dennis Kahl, Bethany Baptist Church, presented a letter of agreement for the sharing and use of the water retention pond signed by both Bethany Baptist and Word of Life Church. Discussion followed on the pond outlet direction which is to the northeast wetlands not to the east. Jim Marka stated the infrastructure issues have been resolved and a landscaping plan has been presented. There was discussion on the entrance and exit on School Rd. Mr. Marka stated the checklist is conclusive and staff is comfortable with the proposal. He explained the technical review has not been held. Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 5:40 p.m. Mr. Craig made a motion to recommend approval with staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ANNE HIRSCH TO MOVE A 1978 - 14' X 70' MOBILE HOME ONTO LOT 102 IN COUNTRY CLUB TERRACE, 448 CALIFORNIA ST. Chairman Wood opened the hearing at 5:41 p.m. with the reading of publication #4933 as published in The Hutchinson Leader on Thursday, July 4, 1996. The request is for the purpose of considering a conditional use permit requested by Ms. • Ann Hirsch to move a 1978 - 14'x 70' mobile home onto Lot 102 in Country Club Terrace located at 448 California St. Mr. Marka commented on the requirements to meet the life safety criteria. 1 HUTCHINSON PLANNING COMMISSION MINUTES JULY 16, 1996 Mr. Craig made a motion to dose the hearing, seconded by Mr. Gilmer the hearing dosed at 5:42 p.m. Mr. Craig made a motion to recommend approval of the request • with staff recommendations to follow all criteria of life safety issues. Seconded by Mr. Gilmer the motion carried unanimously. c) CONSIDERATION OF AMENDMENT TO SECTION 12.01, SUBD. 5, TO ADD LANGUAGE REGARDING REQUIREMENTS FOR LOT SPLITS Chairman Wood opened the hearing at 5:43 p.m. with the reading of publication #4935 as published in the Hutchinson Leader on Thursday, July 4, 1996. The request is for the amendment to the Subdivision Ordinance Section 12.01, Subd. 5, adding language regarding requirements for lot splits. Mr. Mullins commented on the request to require a registered land survey in the event of a lot split request. He stated the lot split application form will be changed to include the language. Mr. Craig made a motion to dose the hearing seconded by Mr. Gilmer the hearing closed at 5:48 p.m. Mr. Craig mad a motion to recommend approval to the amendment subject to further review of language by the City Attorney for consistency throughout the ordinance. Seconded by Mr. Prochnow the motion carried unanimously. d) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.6 - • SCHEDULE OF OFF STREET PARKING REQUIREMENTS - APARTMENTS - TWO SPACES PER DWELLING UNIT Chairman Wood opened the hearing at 5:50 p.m. with the reading of publication #4936 as published in the Hutchinson Leader on Thursday, July 4, 1996. The request is for the amendment to the zoning ordinance Section 10.6 - Schedule of Off - Street parking requirements - apartments - two spaces per dwelling unit. Planning Intern Matt Mullins explained his survey of six other cities on the number of stalls per dwelling unit required in their communities. Director of Building, Planning and Zoning Jim Marka commented on his discussion with the police chief who is in agreement with the proposal. He stated the developers have questioned the requirements presently in the ordinance. Mr. Craig suggested staff telephone the managers of apartment buildings in Hutchinson and bring their statements to the Planning Commission next month. Mr. Craig made a motion to continue the hearing to next month until further information is obtained, seconded by Mr. Prochnow the motion carried unanimously. Discussion followed on the number of bedrooms in the majority of apartments units in Hutchinson. • `A HUTCHINSON PLANNING COMMISSION MINUTES JULY 16. 1996 e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS • "NORTH PARK RIDGE TOWNHOMES" LOCATED IN HELLAND'S EIGHTH ADDITION SUBMITTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION Chairman Wood opened the hearing at 5.55 p.m with the reading of publication #4937 as published in the Hutchinson Leader on Thursday. July 4, 1996. The request is for the consideration of a preliminary and final plat to be known as °North Park Ridge Townhomes" located in Helland's Eighth Addition submitted by Dennis Kahl, Compton Anderson Construction. Mr. Marka commented on the request and the history of the property platted in 1988 for 12 plex units. He explained the City was aware when the ordinance changed there would be some parcels requiring a variance. He commented on the areas needing variances in the proposed plat for both front yard and side yard. Mr. Marka also stated the Ordinance does not address the three plex unit. He explained this is a lesser density at 11 units as opposed to 24 units and is favorable to the neighborhood. Staff recommends approval. Discussion followed on Lots One and Two and the access to School Rd. which could be a problem with traffic. There was discussion on off - street parking. Mr. Kahl, Compton Anderson Construction, stated that unit # 5 on Lot #2 could run to Arizona St. • Mr. Kahl commented on the ownership of the lots and buildings. Each resident would own the lot and building. He commented on the townhome appearance. Jim Marka commented on the infrastructure in place. City Attorney G. Barry Anderson agreed with the legitimate concerns of the commission regarding traffic and suggested the commission approve the request with the access to Arizona and include driveway agreements on the shared driveways. Mr. Prochnow moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:10 p.m. Mr. Prochnow made a motion to approve the plat subject to staff recommendations. Also, the developer is to obtain the easements, prepare shared driveway agreements and change the access driveway for unit #5 located on Lot #2 from School Road to Arizona Street. Seconded by Mr. Craig the motion carried unanimously. fj CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION, TO CONSTRUCT A FOUR PLEX TOWNHOMES TO BE LOCATED IN THE R -3 DISTRICT ON ARIZONA ST. AND CAROLINA AVE. Chairman Wood opened the hearing at 6:12 p.m. with the reading of publication #4938 as published in the Hutchinson Leader on Thursday, July 4, 1996. The request is for the consideration of a request for a conditional use permit to construct one four plex townhome to be located in the R -3 District on Arizona St. and • Carolina Ave. requested by Dennis Kahl, Compton Anderson Construction. Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:13 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Arndt the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES JULY 16, 1996 g) CONSIDERATION OF A VARIANCE REQUESTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION, TO REDUCE SIDE YARD AND FRONT YARD • SETBACKS Chairman Wood opened the hearing at 6:15 p.m. with the reading of publication #4939 as published in the Hutchinson Leader on Thursday, July 4, 1996. The request is for consideration of a variance to reduce side yard and front yard setbacks in the recently platted North Ridge Townhome plat requested by Dennis Kahl. Mr. Matejka made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 6:16 p.m. Mr. Matejka made a motion to recommend approval with staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. Discussion followed noting the hardship of the variance request is not created by the owner but by the ordinance change. In this case, the hardship is created by the ordinance not the owner. NONE ►.1 a) CONSIDERATION OF RESOLUTION TO CHANGE STREET NAME FROM • SUPERIOR AVE. S.E. TO EASTGATE DRIVE S.E. Jim Marka commented on the request and the area being the Impressions Inc. Property. He stated there is no other addressing on this street. Mr. Craig made a motion to recommend approval of the change, seconded by Mr. Arndt the motion carried unanimously. ( �d�7ulu1�1 ►1[�T`7[�7T�:Z�PF�tr1�� Dead end streets - Matt Mullins commented on information from the Fire Marshal regarding turnarounds. The Uniform Fire Code states there should be a turnaround for streets over 500' in length in developments. The City should decide where and when to require cul -de- sacs temporarily. Staff will research how many streets longer than 500 ft. are presently in the city and what kind of additional cost there would be to the developer. It was suggested possibly to talk to the developer at the beginning of the development as to the placement of a turnaround on the last lot not in use. Mr. Mullins explained the access to sewer and water in townships. Mr. Marka commented on the regulations regarding the 7080 Environmental regulations. There being no further business the meeting adjourned at 6:40 p.m. is 151 CITY OF HUTCHINSON POLICE SERVICES TO: Mayor and Council FROM: Steve Madson, Director of Police /Emergency Service DATE: July 17, 1996 RE: COPS FAST Grant This memorandum is a follow -up to my memorandum of June 18, 1996. In the aforementioned memorandum I indicated the grant needed to be acted upon by July 15, however, I have been advised that this time line has been extended until mid August. As previously stated, this grant provides funding for one officer for a period of three years with a maximum of $75,000 toward salary and fringe benefit costs. Projecting current and anticipated salary adjustments it is anticipated this officer will cost $131,639 over the three year grant period. By accepting the grant, the city will save $75,000 over the three year period. Obviously, the question • of saving money does not have any affect unless the council deems 0 necessary to add an additional police officer. I have submitted the FY 1997 budget proposal. Within this proposal I have included funding for an additional officer. This officer would either fill or assume a patrol responsibility so that a patrol officer could fill an additional position within the school system working with the elementary grades. This position would be responsible for the development and implementation of after school mentoring programs, bicycle safety, drug resistance education, and crime prevention programs. In essence we would be expanding youth programs during the school year and have available an additional officer to assist with the very busy summer months. Over the years there have been attempts by public entities to determine a formula for the number of police officers needed by a community. Since each community has its' own uniqueness, it is very difficult to make a determination of exactly what the formula should be. I have attached hereto a comparison of Minnesota cities between 10,000 to 20,000 population and corresponding officer /population ratios. These statistics are for 1994 except for our community in which I used 1996. Also, I have attached the national averages for 1993. These statistics are the most recent available except for our own local information. I will be attending the council meeting on July 23. If you have any questions or concerns regarding the aforementioned information, please don't hesitate to contact me. /Ikg ^ariiraa:�� • 9 -h i] • Special feature .... Average police officer /citizen ratios The appropriate staffing levels of law enforcement agencies has continually been the subject of debate by police officials, politicians, and law enforcement union leaders. Most authorities agree that the number of officers a particular agency should employ is a complex question which should consider a variety of factors such as crime rate, calls for service, response time standards, community geography, and similar variables. Since police officers primarily respond to events generated by people, the actual population of the community is a prime factor in the workload a department can expect. A popular, and quick, approach to the staffing question turns on the ratio of officers per 1,000 population. While there is no universally accepted officer to citizen ratio which is ideal, examination of police- citizen ratios in communities of similar population serves as a guide to staffing levels which might reasonably be expected. In other words, if comparably sized jurisdictions, on average, employ a particular number of officers per unit of population, a similarly sized community might initially anticipate a similar ratio would be appropriate for it. Police administrators and labor leaders often use these ratios to argue for increasing the size of a police force. The national average for departments of all sizes is 2.2 officers per 1,000 population. Table One displays the average officer to citizen ratio by population category. The data is extracted from the 1993 Uniform Crime Report, published by the Federal Bureau of Investigation, using information voluntarily submitted by thousands of local law • enforcement agencies. The data is the most recent available. Table One Average Number of Law Enforcement Officers Per 1,000 Persons By Population October 1993 Average Number of Officers Population Group Per 1,000 Population 250,000 and over 2.8 100,000 to 249,999 1.9 50,000 to 99,999 1.7 25,000 to 49,999 1.7 10,000 to 24,999 1.8 under 10,000 2.7 • A' 1994 COMMUNITY POPULATION NUMBER OF RATIO OFFICERS PER 1,000 BEMIDJI 11,162 20 1.79 RED WING 15,561 25 1.61 BRAINERD 12,515 20 1.60 ANOKA 17,481 28 1.60 ALBERT LEA 18,360 29 1.58 WILLMAR 18,322 29 1.58 HIBBING 18,025 28 1.56 HUTCHINSON 13,000 20 1.54 MOUNDS VIEW 12,611 15 1.59 SHAKOPEE 12,732 19 1.50 PRIOR LAKE 12,072 18 1.49 MARSHALL 12,229 18 1.48 ELK RIVER 12,405 18 1.45 CLOQUET 11,055 16 1.44 FERGUS FALLS 12,468 18 1.44 FAIRMONT 11,352 16 1.42 HOPKINS 16,406 23 1.40 NEW ULM 13,458 18 1.33 FARIBAULT 18,421 24 1.30 ROBBINSDALE 14,410 18 1.25 HASTINGS 16,143 20 1.24 COLUMBIA HEIGHTS 18,999 23 1.21 WEST ST. PAUL 19,304 23 1.19 NORTH ST. PAUL 12,730 14 1.10 STI LLWATER 15,001 16 1.07 NORTHFIELD 15,143 16 1.06 CHAMPLIN 18,565 19 1.03 CHASKA 13,012 13 1.00 NORTH MANKATO 11,059 9 0.81 RAM SEY 14,081 11 0.78 9 h I C • A 0 DATE: July 17, 1996 TO: Mayor Torgerson and City Council Members FROM: Dick Lennes - HCDC Executive Director D -Z - / m 6 RE: Downtown Planning Task Force Recommendation The recommendation of the downtown planning task force was presented to you in the past relating to the parking lot on Block 50 and the concept to use up to $5,000.00 of tax increment money on the development of green space and up to $5,000.00 from the commercial loan fund for consulta- tion. It is requested that the Council authorize the City to proceed with both the green space concept and the consultation, and use the funds for those purposes. C] -/ ,jI 11 Proposed Alleyscape Improvement Downtown Hutchinson Block 50 Proposed (not finalized) - 02/29/96 • • rearrangement of dumpsters, minor building repair, cleanup of debris No Cost =125,000 Beautification and Parking Program IFXoevt Lttv=t. I a • Parking lot scheduled to be built summer, 19% -Alley will be constructed later • LzvzL V Exterior Buding il Shared improvement Financing LzvsL IV Two Hours of Design Consultation . No Cost Ground Space Treatment LzvzL III • The study that was conducted suggested Low Cost - that the use of ground cover will have the No Cost greatest impact on continuity and beautification General Cleanup - - - - Minor Repair III L =vs>I. II tow Cost 0 DATE: July 19, 1996 TO: Mayor Marlin Torgerson and City Council Mem rs FROM: Dick Lennes and Gary Plotz RFU` RE: Two Way Communications The City Representatives, Gary Plotz, Don Erickson and Dick Lennes met with Leonard and Dory Johnson, owners of the Two Way Communications building directly East of the Dairy Queen. This building is the only building left in the parking lot that is being constructed at the present time. At that meeting the Johnsons were willing to negotiate a price for the property, but lacking any type of benchmark it was difficult to proceed. It is recommended that the Council approve a windshield appraisal of that property to obtain a value that the City can work with in trying to accommodate a purchase. Robinson Appraisals out of Mankato have done most of the City's commercial apprais- als. Jim Robinson will be out until Monday, July 22nd. He will be contacted at that time to get an estimate for the appraisal. The cost will be available at the Council meeting Tuesday evening. The primary reason that HCDC facilitated the meeting with the property owners was because Dairy Queen expressed an interest in expanding on their location. They wish to tear down the building that they have and put up a 2,700 sq. ft. building on the property with seating. They're reluctant to do this without having parking accessible to their property. It is possible that because of the in- creased tax that would be generated that a tax increment district could be established to generate the funds necessary for the purchase of the property. We have established precedence in the past that the City would bear the expense of the appraisal on the property that is of special interest and benefit to the City. 11 to -A, f 2 0 r 1 U • JUL 1 61996 C1 Mayor Marlin Torgerson Gary Plotz Hutchinson City Council 111 Hassen St. SE Hutchinson, MN 55350 Sue Gerver - Director Crow River Arts, Inc. PO Box 282 Hutchinson, MN 55350 (320) 587 -0899 July 16, 1996 Dear Mayor Torgerson, Gary Plotz, and Hutchinson City Council, On behalf of the Board of Directors and the members of Crow River Arts, Inc. (CRAI), I would like to thank all of you for the overwhelmingly generous support that you have given CRAI since its inception. With your help, CRAI is a viable and growing organization providing the community with opportunities to participate in visual and performing arts experiences. Also. CRAI works in cooperation with other community organizations such as the Hutchinson Chamber o needed services. Although Crow River Arts still needed. Therefore, myself request a renewal Art Center premises with f Commerce and 9 -H to provide is growing, your support is the Board of Directors and of the lease for the existing the same terms as contracted ,D -A IV in the lease effective January 1, 1995. This lease, which • expires on December 31, 1996, is an 18 -month lease with an 6 -month extension if the City does not give The Center a notice to vacate by month 19. Continuation of the lease would give The Art Center stability to provide existing programs and to explore new ideas. Thank you for your thoughtful consideration. Sincerely, Sue Gerver Director Crow River Arts, Inc. • • r AW Form No. 1535(R..a . i.eu MOW D.H Legal Farm, GENERAL LEASE This is a lease. This Lease is dated 10/ 1 19 94 It is a legal agreement between the Tenant and the Landlord to rent the property described below. The word LANDLORD as used in this Lease means Ci ry of HD rchi ncnn and the Landlord's address is Hutchinson City Center, Ill Hassan St ree t S.E., Hutchinson, MN 5535 The word TENANT as used in this Lease means Crow River Arts, Inc ., a Minnesota corporation This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. 1. Description of Property. The Property is located at , if landlord fails to e lease. The lease w in the County of McLeod State of Minnesota, on property described as follows: Not Applicable Paragraph 1(A) Prior lease This general lease supersedes and replaces all prior leases and agreements between the parties. 2. Term of Lease. This Lease is for a term of 18 months beginning on January 1 19 95 continuing until July 31, 1996. The lease shall automatically renew for an additional _month period, to December 31, 1 ch 1, 1996 of the termination of 3. Rent. a. Amount. The rent for the property is 44 Washington Ave., W, Hutchinson 0 written notice on or befoi omatically terminate on to month basis. Dollars b. Payment. The rent payment for each month must be paid before at Landlord's address. Landlord does not have to give notice to Tenant to pay the rent. 4. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this Lease, Tenant may use the Property for the term of this Lease. If this Lease is for a residence, Tenant promises that the House or Apartment and the property on which the House or Apartment is located will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute or possess with intent to manufacture, sell, give away, barter, deliver, exchange, or distribute a controlled substance in violation of any local, state, or federal law. 5. Right of Entry. Landlord and Landlord's agents may enter the property at reasonable hours to repair or inspect the Property and perform any work that Landlord decides is necessary. In addition, the Landlord may show the Property to possible or new Tenants at reasonable hours during the last 60 days days of the Lease term. Except in the case of an emergency, Landlord shall give Tenant reasonable notice before entering the Property. , 6. Assignment and Subletting. Tenant may not assign this Lease, lease the property to anyone else (sublet), sell this ease or permit any other person to use the Property without the prior written consent of the Landlord. If Tenant oes any of these things, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlord's permission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or sublease. - /n — / 7. Surrender of Premises. Tenant shall give Landlord possession of the Property when this Lease ends. When Tenant moves out, Tenant shall leave the Property in as good a condition as it was when the Lease started, with the exception of reasonable wear and tear. 8. Default. If Tenant does not pay the rent or other amounts when due or if Tenant violates any agreement in th� Lease, Landlord may take possession of the Property. If Tenant does not move out, Landlord may bring an eviction action. The Landlord may rent the Property to someone else. Any rent received by Landlord for the re- renting shall be used first to pay Landlord's expenses for re- renting the Property and second to pay any amounts Tenant owes under this Lease. Tenant shall be responsible for paying the difference between the amount of rent owed by Tenant this Lease and the amount of rent, if any, received by Landlord from the new tenant plus the expenses paid by the Landlord, including court costs and attorneys fees. If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this Lease. If this Lease is for a residence, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the Apartment; and (b) the common area and building in which the House or Apartment is located will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess a controlled substance in violation of any local, state, or federal law including, Minn. Stat. Chapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses or allows controlled substance in the House or Apartment or in the common areas or building if an Apartment unless the Tenant knows or has reason to know of the of the activity. 9. Abandoned Personal Property. When Landlord recovers possession of the Property, then Landlord may consider Tenant's personal property on or in the Property to also have been abandoned. Landlord may then dispose of the personal property in any manner that the Landlord thinks is proper. Landlord shall not be liable to Tenant for disposing of the personal property. 10. Heirs and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any heirs or legal representatives of Tenant or Landlord and any person to whom this Lease is assigned. TENANT: �y �/ w � e. � `T� a..a. L4 Cr ver Arus, inc. STATE OVJMINNE;bTA COUNTY OF 177 The foreej oing instrumnt� was by 2'—�^Qe � rr. before me this 725 day of of THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderso Arnold & McDowel ame) MI Park Pl nrp (Address) 19f<Z Acknowledgement) (Title or Rank) .w,.. ® MARILYN J.SWANSON NOTARY PU &q • YMIESOTA MEEKER COUNTY N1. E Moe M f m AA Hutchinson, MN 55350 or • Minnesota Department of Transportation State Aid for Local Transportation Division Mail Stop 500, Room 420 395 John Ireland Boulevard St. Paul, MN 55155 (612)296 -9974 JOHN RODERERG HUTCHINSON CITY ENGINEER 111 HASSAN STREET SE HUTCHINSON MN 55350 Re: S. P. 133 — 1 -0 7 Office TeL 612;296 -3012 Fax 612/282 -2727 JUL 2 2 1996 ClTY'�. The grant from the Minnesota State Transportation Fund (Fund 29) is $ ja 1 .1 11 - 7.�3 LJ A resolution by the governing body agreeing to finance any cost in excess of the grant and to return any monies not needed for the construction is required. Include a clause on the resolution to transfer the grant funds directly to the agency account. The transfer of the grant funds into the agency account cannot be accomplished until the resolution is received. This will not delay award of the contract, however. Your cooperation in this matter is appreciated. Sin erel , �� Pat M by Director, Division of State Aid ..Ray Nibbe, Payment Technician cc:File /o -A An eaual opportunity employer • RESOLUTION NO. 10713 RESOLUTION AGREEING TO FINANCE BLUFF STREET BRIDGE (S.P. 133 - 104 -04) COSTS IN RELATION TO MINNESOTA STATE TRANSPORTATION FUND (Fund 29) WHEREAS, a grant of $129,117.43 from the Minnesota State Transportation Funds (Fund 29) is proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The City agrees to finance any cost in excess of the grant and return any monies not needed for the construction. 2. The City agrees to transfer the grant funds directly to the agency account. 0 Adopted this 23rd day of July 1996, by the City Council of Hutchinson, Minnesota. A l � - az4v---� - Mayor - Marlin ers n fZ City AdmiAistrat4j Gary D. Plotz LJ /o -A l PEN -HOLD COUNCIL REPORT TUE, JUL 23, 1996, 2:14 PM page 1 ----------------------------------- ------------- ------------------ - - ---------- - - --- -------- 1980 TIDS ERICKSON & TEMPLIN LOADING, HAULING & DISPOSAL $5,000.00 < *> $5,000.00* 0 IMPROV. D S WANZEK, RICH < *> 1995 IMPRO CONST BOLTON & MENK INC. 1996 IMPRO CONST BOLTON & MENK INC. BRAUN INTERTEC CORP KUECHLE UNDERGROUND OSM CENTRAL GARAGE <h BRANDON TIRE CO CROW RIVER AUTO H &L MESABI L & P SUPPLY CO MACQUEEN EQUIP INC MN SAFETY COUNCIL PLOWMANS SCHMELING OIL CO SCHRAMM IMPLEMENT SHOPKO SORENSEN FARM SUPPLY TEPLY EQUIPMENT W.D. COOLING CLINIC WELDING SYSTEMS INC WIGEN CHEVROLET CO CITY HALL CONST. JURGENS /EBRIGHT 1w. DEV. LOAN CITIZENS BANK SOUTHWEST MN INITIATIVE FUND ENERGY IRAN FD GENERAL FUND • COUNTY RECORDER AAGARD WEST ALL SEASONS ALLEN OFFICE PROD AMERICAN RED CROSS ANDERSON'S DECORATING CENTER AUER, KAREN AUTOMATION SUPPLY CO BARR ENGINEERING CO BAUMANN, VERNON BENNETT OFFICE SUP. BERKLEY RISK SERVICES BIG BEAR BRANDON TIRE CO BREMI% CONCRETE CO BRINKMAN STUDIO BROWN, JANET BROWNS GREENHOUSE BUFFALO LAKE /HECTOR BOOSTERS BUSINESSWARE SOLUTIONS CAMERA SHOP CARR FLOWERS CASH WISE CELLULAR 2000 CENTRAL GARAGE CHRISTIANSON, PEGGY CITY OF CHASKA 980 LAKEWOOD /DR WAY REPLACEMT PROFESS SERV - HAYDEN OSGOOD PROFESS SERV -S GRADE ROAD CONSULT SERVICES -S GRADE ROAD CREW TIME, CORP STOPS, COPPER PROFESS SERV -LUCE LINE TRAIL TUBE, PATCH, MOUNT /DISMOUNT SCOPE CHECK -1993 FORD DEC GRADER B1 BLADE DIRT DEFLECT, SHOE RUNNER REG -KEN WICHTERMAN REPAIR - 1991 DODGE AMOCO OIL, FLUIDS BELT, WHEEL, NUT /BOLTS FILM COOPLER, NIPPLES ARM REPAIR AIR CONDITIONR -95 FORD CRONTRON 92C ALLOY SO REPAIR TRK WATER LEAK -9I -CHEV INSTALL PHONE, CAT & DATA SOLITRA LOAN SOLITRA LOAN FILING FEES JULY SERVICE LAVA ROCK FILE FOLDER LABELS RECORD SHEETS, SWIM CARDS PAINT REFUND SKATING CLASS SONY DISKS PROFESS SERV -WATER MGMT PLAN MILLING REPAIR TOSHIBA 1710 COPY MACH PROFESS CONSULTING -JULY SUPPLIES FOR STREET SIGNS TUBE, MOUNT /DISMOUNT STORM SEWER SLIDE FILM REIMB- DEPARTMENT FOOTWEAR PLANTS RENTAL DUNK TANK DATA TAPES DEV & PROCESS LOTION, BASKET BAGELS UAPPLW JULY CELL PHONE JUNE REPAIRS REFUND LIFEGUARDING CLASS YOUTH & ADULT ADMISSIONS $215.20 $215.20* 964.39 964.39* $376.58 $1,612.00 $166.98 $541.50 $2,697.06* $340.63 $377.54 $75.28 $374.88 $238.72 95.00 24.57 $1,596.80 $150.07 $5.94 8 36.27 83.12 62.57 163 64.88 $3,589.47* $769.50 $769.50* $1,572.94 $884.91 $2,457.85* $39.00 $39.00* $868.87 $15.00 $9.52 15.25 51.58 13.00 32.04 $3,262.84 $175.00 $1,130.59 $800.00 $8.51 $22.53 $391.23 $27.16 $39.99 20.17 25.00 $593.13 $40.39 $26.29 $626.73 $576.65 $22,714.06 $28.00 $110.93 11-Al OPEN -HOLD COUNCIL REPORT TUE, JUL 23, 1996, 2:14 PM page 2 ----------------------------------------------------------"'------ GENERAL FUND COAST TO COAST KEYS MADE FTC $79.29 COMPRESS AIR PURFIC CAkTR, FILTER, OIL, VLV $147.60 COUNTRY KITCHEN MEALS $18.32 • COUNTY RECORDER FILING FEES $118.00 COUNTY TREASURER AUDITORS CERTIFICATE $150.00 CROW RIVER VET CLINIC BOARDING & EUTH $213.83 DANKS, SHERYL REFUND SWIMMING LESSONS $26.00 DASCHER, DUANE REIMB SAFETY BOOTS $60.00 DEROSTER, DR. STEVE REFUND OF AIRPORT FUEL CARD $75.00 - DEPT NATURAL RESOURCES WATER RESOURCE PROJECT $948.00 DIAZ, EILEEN INTERPRETATION SERVICES $15.00 DOSTAL, ROSA INTERPRETER SERVICES $26.25 FAMILY REXALL DRUG PHOTOS $21.20 FESTIVAL FOODS OPERATING SUPPLIES $823.46 FIRE INSTRUCTORS ASSN OF MN FILM LIBRARY POSTAGE $13.60 GALL'S INC GODFATHER'S EXTERMINATING 55WT HALL MINI BULB ERADICATION SERVICES $28.95 $724.20 GOV FINANCE OFFICERS ASSC REG -KEN MERRILL $1,040.00 GRAFIX SHOPPE DOOR SHIELD EMBLEM $56.12 GREAT PLAINS SUPPLY SHINGLES, FELT, NAILS, RF EDG $1,550.15 GRINA, LISA REIMB OFFICE SUPPLIES -3M $21.17 HAARSTAD, EARL REIMB SAFETY BOOTS HAGER JEWELRY REPAIR DAMAGED RING $$60.00 36.00 HALI -BRITS INC LIGHT, RISER, CONNCTR KITS $261.01 HANSEN GRAVEL LANDFILL, TRUCK $813.00 HEMKAH, KATHY SR CENTER WORKSHOP $206.25 HENRYS FOODS INC GUM, CANDY, SLUSH BASE $871.30 HILLYARD FLOOR CARE / HUTCHINSON BOWL CLEANER $492.51 HOFF, JOHN REIMB SAFETY SHOES $39.97 HOME BAKERY INC HAMBURGER & BRAT BUNS $35.40 HUTCH BOWL BOWLING -186 GAMES /MAY & JUNE $325.50 HUTCH CAFE FOOD PURCHASED $61.43 HUTCH COMM HOSPITAL VACCINATION $53.00 HUTCH FIRE DEPT RELIEF ASSC. CITY ALLOCATION $17,000.00 HUTCH PLBG & HTG CO REPAIR LEAK IN DISHWASHER $55.65 HUTCH PUBLIC SCHOOLS COFFEE $70.20 HUTCHINSON UTILITIES LIGHT FIXTURE $33,628.24 INK SPOTS INSURANCE PLANNERS PAPER FOR REPORTS AIRPORT LIABILITY $210.21 $5,550.00 JENSEN &, NEIL J. AUGUST PAYMENT $230.00 • JIM'S GARDEN SERVICE JORDAHL, MICHELLE REMOVE POLICE EQUIPMENT REFUND TREE APPLICATIO N $479.25 JUUL CONTRACTING $10.00 CO REPAIR TILE DROP INLET $1,039.05 R MART PHOTO ALBUMS $3.18 - KING, TOM ROBERTS PARK CONCESSIONS $45.00 KOCRELMAN, JO REFUND SKATING CLASS $30.00 L & P SUPPLY CO WINDSHIELD KIT $192.06 LARSON, QUENTIN REIMB FOR SAFETY BOOTS $60.00 LEAGUE OF MN CITIES PAYMENT $856.00 LEE, REFUND - REGISTERED WRONG CLASS $20.00 E DUKES LITTLE D CAR WASHES $59.64 BUSINESS SYSTEMS VOICE LOGGERS, SERVICE CHG $380.00 MANTH MANTHEI, JOAN REFUND SKATING CLASS $15.00 MARKA, JAMES MCGARVEY COFFEE INC REIMS- MEALS, DUES, MANUAL COFFEE $30 .53 MEEKER SAND & GRAVEL SAND DELIVERIES FOR JUNE $$30.72 5133.97 METRO ATHLETIC SUPPLY 9" INCREDIBA $35.31 METRO CONNECTIONS INC ST PAUL TOUR $600.00 METRO SALES RICOH FT 3013 COPIER $1,478.22 MID -MN HOT MIX INC LOADS 6/7 THRU 6/24 $1,337.86 MIDWEST CABLEVISION JULY SERVICE $5.21 MINNCOMM PAGING JULY SERVICE SERVICE $114.12 MINNE- SEW -TA VAC BAGS, $10.12 MINNESOTA RESORT ASSOC MEMBERSHIP RENEWAL $160.00 MN REC & PARK ASSC SOFTBALL STATE BERTHS $110.00 MN U C FUND MODERN MAZDA UNEMPLOYMENT TOW $.11 MOON, REIMS MEALS $31 $31.96 $21.20 STORE, MUSIC STORE, THE NORTH STAR TURF INC WIRELESS MIC GENERAL TURF MIXTURE $226'79 NOVAR ARDOLF FRAMING & PHOTOGR ID CARDS & TAGS $150.36 PETERSON BUS SERVICE COACH TO TWINS GAME .75 $ $250250.00 POWE, MARVA POWERRSS, MTG, PREPAR PROJECT, SUPV PROJ $.00 QUADS ELECTRIC C REFUND SKATING CLASS BALLAST, LABOR $ $1515.00 QUANTUM LABS BLUE LAB EL $1,3.72 $73.93 $7 F_ I L J IV OPEN -HOLD COUNCIL REPORT TUE, JUL 23, 1996, 2:14 PM page ______________ _____ GENERAL FUND _______ _____ _____ _ ___ RESPOND SYSTEMS --___---____-- ___-- ___---- CABINET ______-- ____ $80.70 -_ -___ HATS SIDEWALK RIDER BENNETT EGAN & ARUNDEL PROFESS SERV $136.30 SUPER NO LEAD FUEL $9,171.50 ROSENOW, BRUCE HOURS WORKED -T -BALL $255.00 $47.97 JULY BEER PURCHASE SCHUETTE, SCOTT REIMB FOR CEPARTMENT FOOTWEAR $74.95 $11,169.04 LEAGUE OF MN CITIES SELLER, JEANNE REFUND SWIMMING LESSONS $7.00 MCGARVEY COFFEE INC COFFEE SERVICEMASTER CLEAN OFFICE CARPETS $891.29 $17,316.38* SHARE CORP SHARE LIQUID ENZYMES $132.28 $1,078.56 SHAW, KAREN DANCELINE INSTRUCTION $379.75 JUNE ADVERTISING $65.00 SHOPKO FILM $73.18 JULY 1ST HALF FREIGHT SIVRIGHT, ELLEN REFUND SWIMMING LESSONS $13.00 $18,433.70 STANDARD PRINTING BUSINESS CARDS $199.38 JULY LIQUOR PURCHASE $425.46 STREICHERS CLEANING BRUSH $5,27 JULY BEER PURCHASE TEPLY EQUIPMENT PARTS -MOWER REPAIR $10.50 $112.35 TURNQUIST INC COPY PAPER $1,371.04 TWO WAY COMM INC RENT RADIO $1,138.40 UNIFORMS UNLIMITED UNIFORM BOOTS, TROUSERS $383.74 UNITED BLDG CENTERS CONCRETE MIX $62.29 US POSTAL SERVICE SENIOR NEWSLETTER- AUGUST $250.00 US WEST COMKUN JULY SERVICE $207.21 VIAGRAFIX LEARNING NETSCAPE, SCHEDULE+ $105.40 VICTORIAN INN JUNE MEAL CHARGES $502.50 VIKING COCA COLA JULY POP PURCHASE $94.50 WAL -MART BALLOON, WATER GUNS $37.49 WEST PUBLISHING CO MN ST AN V20A $58.66 XEROX COPIER JUNE $588.33 < *> $115,789.69* HAT -FAC. CONST. BREMIX CONCRETE CO HATS SALT SHED 2,601.72 GENERAL OFFICE PRODUCTS CO FILE, CABINETS, SHELVES 1,844.70 14,722.27 GREAT PLAINS SUPPLY DOORS COVERING - JOHNSON PAYMENT REQUEST #7 $23,424.00 MN ELECTRIC SUPPLY CO WIRING SUPPLIES $329.23 THE SALTMAN WATER SOFTNER INSTALLATION $1,539.24 UNITED BLDG CENTERS STAKES $64.67 < *> $34,525.83* HUTCH TRANS FAC • LIQUOR STORE PAYROLL FUND ALLIED SERVICES OF HUTCHINSON REPAIR DAMAGED REF LINES $636.23 WATER BILLING -4/1 TO 6/30 BREMIX CONCRETE CO HATS SIDEWALK $3,170.04 $22.80 HUTCH COOP CENEX SUPER NO LEAD FUEL $9,171.50 HUTCH PLBG & HTG CO GALV PIPE, CUT & THREADS $47.97 JULY BEER PURCHASE HUTCHINSON UTILITIES JUNE GAS & ELEC $1,241.76 $11,169.04 LEAGUE OF MN CITIES BOILER & MACHINERY COVERAGE $3,017.00 MCGARVEY COFFEE INC COFFEE $31.88 LIQUOR LIABILITY $14,364.00 $17,316.38* $7,638.22 BERNICKS PEPSI COLA CITY OF HUTCHINSON DIAMOND CLEAR ICE ED PHILLIPS & SONS CO. FESTIVAL FOODS FRIENDLY BEVERAGE CO GRIGGS COOPER & CO HENRYS FOODS INC HUTCHINSON UTILITIES INSURANCE PLANNERS JOHNSON BROTHERS LIQUOR CO. JORDON BEVERAGE INC. K D U Z KKJR LENNEMAN BEVERAGE DIST. INC LEO'S TRANSFER LOCHER BROS INC LUNDHOLM, LORI QUALITY WINE & SPIRITS CO. STANDARD PRINTING TRIPLE G DISTRIBUTING INC VIKING COCA COLA AETNA VARIABLE LIFE ASS. CO AMERICAN FAMILY INS CO. GREAT WEST LIFE INS. CO. JULY POP PURCHASES $383.80 WATER BILLING -4/1 TO 6/30 $1,092.94 ICE -PARTY PAY $22.80 JULY LIQUOR RETURN $1,136.20 OFFICE SUPPLIES $27.08 JULY BEER PURCHASE $1,002.34 JULY WINE PURCHASE $11,169.04 MISC TOBACCO PURCHASE $1,220.31 JUNE GAS & ELEC $824.89 LIQUOR LIABILITY $14,364.00 JULY LIQUOR PURCHASE $7,638.22 JULY BEER PURCHASE $1,078.56 JUNE ADVERTISING $109.00 JUNE ADVERTISING $65.00 JULY BEER PURCHASE $7,889.75 JULY 1ST HALF FREIGHT $399.64 JULY BEER PURCHASE $18,433.70 WINDOWS $42.60 JULY LIQUOR PURCHASE $425.46 ENVELOPES $191.97 JULY BEER PURCHASE $23,690.45 JULY MISC POP PURCHASE $112.35 $91,320.10* EMPLOYE CONTRIB $770.00 EMPLOYEE CONTRIB $89.16 EMPLOYEE CONTRIB $100.00 11 I OPEN -HOLD COUNCIL REPORT TUE, JUL 23, 1996, 2:14 PM page --------------------- ---------------- ---- ---__- FUND H.R.L.A.P.R. _--- ---PAYROLL EMPLOYEE CONTRIB $158.93 TRADE -IN ALLOWANCE ICMA RETIREMENT TRUST EMPLOYEE CONTRIB $2,851.91 PERA LIFE INS CO. PERA- D.C.P. EMPLOYEE CONTRIB $118.50 $42.65 PRUDENTIAL • EMPLOYEE EMPLOYEE CONTRIB CONTRIB $52.02 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB $180.00 $30.00 PH7Q, TOWELS PUBLIC EMPLOYEES EMPLOYEE CONTRIB $14,204.29 RENTAL TEMPLETON INC EMPLOYEE CONTRIB $448.46 $165.00 WADELL & REED EMPLOYEE CONTRIB $150.00 WITHHOLDING TAX ACCT c *> EMPLOYEE CONTRIB $35,640.97 S & L SOLENOID VALVE $91.40 $54,794.24* RURAL F. D. HUTCH FIRE DEPT RELIEF ASSC WATER /SEWER FUND AAGARD WEST BRANDON TIRE CO CASH WISE CELLULAR 2000 CENTRAL GARAGE CHE24SEARCH CROW CHEMICAL CO CSWEA D.P.C.IND.INC DYNA SYSTEMS ERICKSON & TE14PLIN FADDEN PUMP CO. FLOLO CORPORATION GOODALL HARRIS CONTRACTING HUTCHINSON UTILITIES INDUSTRIAL MAINT SUPPLIES INFRATECH JUUL CONTRACTING CO MACQUEEN EQUIP INC MCNELLY GROUP MN DEPT OF REVENUE MN PIPE & EQUIPMENT • QUADE ELECTRIC RAYFO INC. RESPOND SYSTEMS SANIFILL INC SCHRAMM IMPLEMENT TELXON CORP USA BLUE BOOK VICTORIAN INN WATERPRO WELCOME NEIGHBOR WIRE TRANSFER PAYROLL FUND MN DEPT OF REVENUE RURAL ALLOCATION $7,105.00 $7,105.00* JULY SERVICE $964.00 TRADE -IN ALLOWANCE - $150.00 BLEACH $4.74 JULY CELL PHONE $42.65 JUNE REPAIRS $437.23 YIELD AEROSOL $67.63 PH7Q, TOWELS $201.54 IDENT BANNER, EQUPMENT RENTAL $225.00 DIXIE CYLINDER $165.00 DRILL BIT, HEX NUTS, DISCNT $85.21 SCRAPER WORK $1,732.50 S & L SOLENOID VALVE $91.40 GE RACK $427.27 SUCTION HOSE, MALE END $177.99 REPAIR BOILER $1,765.00 POSTAGE $17,400.10 BITS $42.94 MANHOLE RESTORATION $2,090.00 HYDRANT, ROCK, REDUCER, LABOR $1,838.00 COUPLER, PLUG COUPLER $57.06 PROF SERV- ENVIRON ASSIS APPLIC $2,470.00 VIDEO, GLOVES, GUIDE $4.84 CHIMNEY SEAL $2,114.75 WIRE $21.30 STEEL SWIVEL $855.70 CABINET $80.70 LOADS 6/24 TO 6/28 $4,051.56 EQUIPMENT RENTAL $743.37 MAINT AGREEMENT $304.92 VIDEO, GLOVES, GUIDE $80.79 LUNCH BUFFET $46.72 ECR REGISTER, ECR TOUCH PAD $619.38 JUNE LIST $60.00 $39,119.29* $375,703.00* WITHHOLDING TAXES 7,033.69 is It IMMEDIATE PAY COUNCIL REPORT TUE, JUL 23, 1996, 2:14 PM i page - ------------------------- GENERAL FUND ---- -- — — ------------ CHANHASSEN DINNER THEATRES ------ — -------- 45 TICKETS FOR 7 -- — ------------------------------ - 31 -96 $968.00 DEPT NATURAL RESOURCES DNR REG FEES $736.00 HUTCHINSON TEL CO JULY PHONE $91.24 • LEAGUE OF MN CITIES 31ZD QTR WORKER'S COMP $17,795.38 MN DEPT OF HEALTH PLAN REVIEW FEE $300.00 MN DEPT OF REVENUE 2ND QTR USE TAX $2,324.68 MN TWINS 80 TICKETS FOR 7 -17 -96 240.00 MPCA PERMIT 480.00 RUNNING'S SUPPLY CANVAS, WRENCH 123.64 1600.00 SOUTHERN MN CONSTRUCTION CO SCREENER < *> $23,658.94* HOUSING REDEV HEIDECKER &, RICK EGRESS WINDOW $750.00 SCOTT &, ROSANNE ELECTRICAL $9,988.80 < *' $10,738.80* INSURANCE FUNDS AMERICAN HEART ASSC ANNUAL REG FEE $50.00 <*> $50.00* LIQUOR STORE CITY OF HUTCHINSON PAYROLL 7 -5 -96 $6,237.22 LEAGUE OF MN CITIES 3RD QTR WORKER'S COMP $272.95 QUALITY WINE & SPIRITS CO. JULY LIQUOR $3,646.97 < *' $10,157.14* WATER /SEWER FUND LEAGUE OF MN CITIES 3RD QTR WORKER'S COMP $1,551.09 MN DEPT OF HEALTH 2ND QTR CONNECT FEES $4,864.00 MN DEPT OF REVENUE 2ND QTR USE TAX $4,987.35 SOUTHERN MN CONSTRUCTION CO SCREENER $2,925.00 ` *' $14,327.44* $58,932.32* • • . PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT JUNE 30, 1996 HUTCHINSON EXPENDFTURES: SALARIES M -T -D Y -T -D - 79,900.00 % OF % OF REVENUE: AMOUNT AMOUNT BUDGET BUDGET YEAR RESERVE 44,217.00 44,217.00 44,217.00 100.00% 50% CITY OPERATING 18,591.50 55,774.50 74,366.00 75.00% 50% COUNTY OPERATING 0.00 21,380.00 42,760.00 50.00% 50% GIFTS 300.00 2,500.08 2,150.00 116.28% 50% CHARGES, FINES 79.25 161.29 150.00 107.53% 50% EQUIPMENT RENTALS 0.00 15.00 50.00 30.00% 50% BOOK SALES 0.00 0.00 1,200.00 0.00% 50% OTHER 0.00 11.26 0.00 0.00% 50% TOTAL REVENUES 63,187.75 124,059.13 164,893.00 75.24% 50% EXPENDFTURES: SALARIES - 6,26914 - 38,183.68 - 79,900.00 47.79% 50% HEALTH INSURANCE -76.24 - 457.44 - 1,084.00 42.20% 50% HEALTH INSURANCE- DEDUCTIBLE 0.00 - 320.00 - 320.00 100.00% 50% TAXES -68427 - 4,187.36 - 9,054.00 46.25% 50% • PAYROLL BOOKS - 1,765.84 - 10,818.00 - 24,000.00 45.08% 50% PERIODICALS - 291.70 - 2,418.87 - 4,500.00 53.75% 50% VIDEOS 0.00 - 350.00 - 350.00 100.00% 50% BINDINGS 0.00 -19.12 - 100.00 19.12% 50% POSTAGE & SHIPPING -72.00 - 432.00 - 950.00 45.47% 50% NEW EQUIPMENT 0.00 0.00 - 8,000.00 0.00% 50% MAINTENANCE CONTRACTS 0.00 0.00 - 500.00 0.00% 50% SUPPLIES - 155.03 - 576.22 - 1,200.00 48.02% 50% INSURANCE 0.00 - 1,051.91 - 1,052.00 99.99% 50% AUDITING 0.00 -63.75 -64.00 99.61% 50% BOOKKEEPING -30.00 - 180.00 - 360.00 50.00% 50% SALES TAX -0.31 -0.92 - 200.00 0.46% 50% TOTAL EXPENDITURES - 9,344.53 - 59,059.27 - 131,634.00 44.87% 50% FUNDS AVAILABLE 53,843.22 64,999.86 33,259.00 - 195.44% 50% • ARNOLD, ANDERSON & DOVE • PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW JANE VAN VALKENBURG G. BARRY ANDERSON RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III 'A 8 ADMITTED W TEAM AND NEW YDRN July 18, 1996 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 PERSONAL i CONFIDENTIAL Re: City of Hutchinson / Landwehr Construction • Osgood /Hayden /Lake Project Our File No. 3244 -95091 Dear Gary: JUL 1 81996 OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 6861 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 FOR YOUR INFORMABONI I write to you today to summarize for the benefit of the Council the results of my conversation with Mark Gresser, Vice President of Landwehr Construction. Mark indicated to me that Landwehr was still willing to enter into the arrangement previously discussed; a reduction in the penalties that would otherwise be attributable to Landwehre from $24,000 to $10,000 in exchange for which Landwehr would agree to extend the warranty for an additional year, secure an endorsement from the bonding company indicating that the bond remains in affect and defer final decision regarding any other claims until at least acceptance of the final contract and perhaps the end of the warranty period. Additionally, as discussed earlier, he would be willing to agree on behalf of the company, to a $50,000 escrow. Landwehr is not willing to make these concessions if the City is unwilling to make concessions regarding the amount of penalty that would otherwise be assessed. Landwehr understands that no decisions have been made regarding final approval or lack thereof concerning the contract. • 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 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350-2563 STEVEN A. ANDERSON G. BARRY ANDERSON (320) 567 -7S75 LAURA K. FRETLAND FAX (320) S87 -4096 DAVID A. BRUEGGEMANN PAUL D. DOVE" RESIDENT ATTORNEY JANE VAN VALKENBURG G. BARRY ANDERSON RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III 'A 8 ADMITTED W TEAM AND NEW YDRN July 18, 1996 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 PERSONAL i CONFIDENTIAL Re: City of Hutchinson / Landwehr Construction • Osgood /Hayden /Lake Project Our File No. 3244 -95091 Dear Gary: JUL 1 81996 OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 6861 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 FOR YOUR INFORMABONI I write to you today to summarize for the benefit of the Council the results of my conversation with Mark Gresser, Vice President of Landwehr Construction. Mark indicated to me that Landwehr was still willing to enter into the arrangement previously discussed; a reduction in the penalties that would otherwise be attributable to Landwehre from $24,000 to $10,000 in exchange for which Landwehr would agree to extend the warranty for an additional year, secure an endorsement from the bonding company indicating that the bond remains in affect and defer final decision regarding any other claims until at least acceptance of the final contract and perhaps the end of the warranty period. Additionally, as discussed earlier, he would be willing to agree on behalf of the company, to a $50,000 escrow. Landwehr is not willing to make these concessions if the City is unwilling to make concessions regarding the amount of penalty that would otherwise be assessed. Landwehr understands that no decisions have been made regarding final approval or lack thereof concerning the contract. • 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 July 18, 1996 Page 2 I have marked this correspondence "personal & confidential" because it is not clear to me whether or not the City wishes to assert its rights to discuss this matter in a closed meeting or whether we could simply discuss it at the regularly scheduled City Council meeting this coming Tuesday evening. I believe the City Council will need to consider further whether or not it wishes to accept the proposed interim agreement or whether it is willing to have the matter proceed forward into District Court. Thank you. Best personal regards. DOVE, P.L.L.P. • • • DAVID S. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON" LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** JANE VAN VALKENBURG RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III I A,SO ^OMITTED IN TEKAS AND NEW YORK RESIDENT ATTORNEY G. BARRY ANDERSON July 17, 1996 Mr. and Mrs. Chris Johnson 626 Harmony Lane Hutchinson, Mn. 55350 Re: Clean Up Issue Our File No. 3244 -96097 Dear Mr. and Mrs. Johnson: JUL 1 81995 OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX 16121389 -5506 FOR YOUR INFORMA11111 • As discussed earlier please find a copy of the Godfather's Exterminating report which was filed with the city by the exterminating service. If you have any questions in connection with this report, please advise. Thank you. Best regards. Very truly y);gr-s ARNOLD, OpO I RSON & DOVE, PLLP G. Barry I-A - na - Orson GBA:jm enc. cc: Gary Plotz Jim Marka 0 ARNOLD, ANDERSON & DOVE PROFCSSIONAL LIMITED LIAMILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 567 -7575 FAX (320) 587 -4096 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION •: EG ODFATHER'S ^term nat na $ � y10.0 SERVICE REPORT service a N.err a MS.= wo. R£ 1I W� rLQ 1 ..tr... , WK" PhwW Na Dhd ea.b. Plow Ne. 5� sf G&/4/lj !a 60- 6u5 iM e.h+ow 6nryr¢1 Phd Na z Al o service a N.err a MS.= wo. R£ 1I W� rLQ 1 1 ✓t I� r k ✓! - g A- J .tRJ G&/4/lj !a /Jv i ,Cl: z Al o v _ R4-� tj C A. f L S. glsd ., J,4 A fs a �;1 4f 1 dlJo � s.o 40 1, I � / - ` : ✓C OY �Tj IN t� �� k-� ✓T •� // u 'VAreLt 000 1' GlPJ / C�f •' t NJ rkv / IJ ha // 4 to , �..3' i rJ r' t .� I c // rf f S T A 1 A B 6 l3 3 it . � h� 1 1 N f N£ Ci o N Nf c I o 4 E 1„ l C e i Z4 94 A& _ e r bA_ �j l C s t �Af ;/- 5 ' ter. B - t /f OL d� s A *t 4F �„✓ 1 t',_ ki ']` V� l l / / 1 1 L J v6 f � � n. ,t � , �. '� _ 1V f F " Ujw Llif �. I& 3i- a—' s. - kjr v4 -I ✓f A-'j r d,tj r s A,-14 f ; M ?- ?~ !� B b�9 - -� Avs. w 3 M.A$06 ✓. or E ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III 1 A ADMII D IN TLX AND NM YORK Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: ShopKo Site Our File No. 3188 -94275 Dear Gary: JUL 1 71996 CI T. OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545.9000 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX IS 12) 389-5506 FOR YOUR 1NEO MM • I am enclosing herewith a copy of correspondence dated July 11, 1996 which I believe you already have in your possession. A copy of my correspondence as well as a copy of the MPCA letter should be forwarded to Marilyn for inclusion in the next regular City Council packet on a for your information basis. If you read the MPCA letter carefully you will notice that although there has been no release of liability, and indeed there would not be in an environmental situation such as was present on the ShopKo site, the MPCA has nonetheless concluded that the site may now be closed. This would mean that there will need to be no further work done on the site and once some clean up administrative and technical work is completed a successor firm to Twin City Testing, the final application for reimbursement to the Petro Fund can be submitted and this matter can be considered resolved. This project must be considered a success from virtually all perspectives. A damaged site has been cleaned up both from an environmental and a development standpoint. The tax base of the city has been improved. Numerous property owners, as a result of this transaction, were able to expand their business enterprises elsewhere to provide an improved tax base in other parts of the community. In short, while development work by governmental agencies is always suspect, this transaction must be considered a success. Should you have any questions in connection with any of the foregoing, please contact me. July 17, 1996 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350 -2563 STEVEN A. ANDERSON G. BARRY ANDERSON* (320) 587 -7575 LAURA K. FRETI.AND FAX (320) 587 -4096 DAVID A. BRUEGGEMANN PAUL D. DOVE ** RESIDENT ATTORNEY JANE VAN VALKENBURG G. BARRY ANDERSON RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III 1 A ADMII D IN TLX AND NM YORK Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: ShopKo Site Our File No. 3188 -94275 Dear Gary: JUL 1 71996 CI T. OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545.9000 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX IS 12) 389-5506 FOR YOUR 1NEO MM • I am enclosing herewith a copy of correspondence dated July 11, 1996 which I believe you already have in your possession. A copy of my correspondence as well as a copy of the MPCA letter should be forwarded to Marilyn for inclusion in the next regular City Council packet on a for your information basis. If you read the MPCA letter carefully you will notice that although there has been no release of liability, and indeed there would not be in an environmental situation such as was present on the ShopKo site, the MPCA has nonetheless concluded that the site may now be closed. This would mean that there will need to be no further work done on the site and once some clean up administrative and technical work is completed a successor firm to Twin City Testing, the final application for reimbursement to the Petro Fund can be submitted and this matter can be considered resolved. This project must be considered a success from virtually all perspectives. A damaged site has been cleaned up both from an environmental and a development standpoint. The tax base of the city has been improved. Numerous property owners, as a result of this transaction, were able to expand their business enterprises elsewhere to provide an improved tax base in other parts of the community. In short, while development work by governmental agencies is always suspect, this transaction must be considered a success. Should you have any questions in connection with any of the foregoing, please contact me. July 17, 1996 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 Gary Plotz • July 17, 1996 page 2 Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON E, PLLP Barry nderson TY G � enc 0 40 Minnesota Pollution Control Agency JUL 15 1996 July 11, 1996 Mr. Gary Plotz Hutchinson City Administrator 37 Washington Avenue West_ Hutchinson, Minnesota 55350 C1-: RE: Petroleum Tank Release Site File Closure Site: ShopKo (formerly Mike's Mobil), 105 Main Street North, Hutchinson Site ID #: LEAK00002801 Dear Mr. Plotz: We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanks and Emergency Response Section (TERS) staff has determined that your investigation and/or cleanup has adequately addressed the petroleum tank release at the site listed above. Based on the information provided, the TERS staff has closed the release site file. Closure of the file means that the TERS staff does not require any additional investigation and/or cleanup work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from this site. However, the TERS staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information or changing regulatory requirements make additional work necessary. If you or other parties discover additional con taminati on (either petroleum or nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. You should understand that this letter does not release any party from liability for the petroleum con taminati on under Minn. Stat. ch. 115C (1994) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpetroleum con taminati on, if present, under Minn. Stat. ch. 115B (1994), the Minnesota Supterfimd Law. 46 The monitoring wells for this site should be abandoned in accordance with the Minnesota Department of Health Well Code, Chapter 4725. If you choose to keep the monitoring wells, the Minnesota Department of Health will continue to assess a maintenance fee for each well. 520 Lafayette Rd. N :; St. Paul. MN 551554194; (612) 296-6300 (voice); (612) 262.5332 07y) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled Paper containing at leas[ 10% fibefs from paper recycled by consumers. Mr. Gary Plotz Page 2 July 11, 1996 Because you performed the requested work, the State may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which may provide partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Department of Commerce Petro Board. Specific eligibility rules are available from the Petro Board at 6121297 -1119 or 612/297 -4203. If future development of this property or the surrounding area is planned, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during future development work, the MPCA staff should be notified immediately. For specific information regarding petroleum contamination that may remain at this leaksite, please call the TERS File Request Program at 612/297 -8499. The "Leak/Spill and Underground Storage Tank File Request Form" (TERS Fact Sheet #35) must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperation with the • MPCA to protect public health and the environment. If you have any questions regarding this letter, please contact me at 612/297 -8577. Sincerely, Anthony Hill Project Manager Cleanup Unit I Tanks and Emergency Response Section AH:dms cc: Gary Plotz, Administrator, Hutchinson Brad Emans, Fire Chief, Hutchinson Edwin Homan, McLeod County Solid Waste Officer C. V. Howard, Maxim Technologies, St. Paul Incorporated Minnesota Department of Commerce, Petrofund Staff 0 0 TO: ALL CITY COUNCIL MEMBERS Please take notice that the City Council for the City of Hutchinson will hold a closed meeting on Tuesday, August 13, 1996 beginning at 5:00 P.M. in the Hutchinson City Center for the purpose of considering legal action relating to City of Hutchinson Letting No. 4, Project No. 95 -04 (Osgood- Hayden -Lake Street project) . The meeting is closed on the basis of pending litigation with the general contractor, Landwehr Construction and is further based upon attorney /client privilege. • r rlin rson, Mayor Attest: Gary �.()Plotzinistrator •