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cp02-27-1996 cSUNDAY MONDAY TUES -25- -26- -27- 8:00 a.m. - Noon - Directors Workshop on Writing r.` Objectives (Main Conf.) Noon - Safety Council Meeting at Heritage Center 1:00 P.M. - Utilities Commissi n at Utilities Office HU TCHINSON 4:30 p.m. - Library Board at 5:30 p.m. - City Council CITY Library Meeting at City Center CALENDAR 7:30 p.m. - Airport Commission at Airport Lobby Week of Feb. 25 to March 2 1 9 9 6 WEDNESDAY THURSDAY FRIDAY SATURDAY -28- -29- -1- -2- VACATION: 10:00 a.m. - Directors Meetin 10:00 a.m. - Meeting of John RANDY DEVRIES - Feb. 26 in Staff Conference Roca Arlt's Sub - committee of March 1 Employee Safety Committee at City Center Library 7:00 a.m. - Downtown Planning Task Force Meeting in City Center Main Conf. Room AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 27, 1996 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Gerhard Bode, Peace Lutheran Church MINUTES OF REGULAR MEETING OF JANUARY 23, 1996 AND FEBRUARY 13, 1996 Action - Approve as presented - Approve as amended (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS FINANCIAL/INVESTMENT REPORT - JANUARY 1996 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 95 -162 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41 • DEALING WITH THE REGULATION OF SECOND HAND GOODS DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10633 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10634 - RESOLUTION AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN 4. RESOLUTION NO. 10635 - RESOLUTION FOR WAIVER OF RIGHT FOR CITY TO REVIEW PROPOSED PLAT AND RELATED DOCUMENTS FILED BY H. P. QUADS 5. REVISED RESOLUTIONS ADOPTING ASSESSMENT ROLLS • RESOLUTION NO. 10636 -REVISED ASSESSMENT ROLL NO. 300, 301, 303, 304, 306, 307, & 307B • RESOLUTION NO. 10637 - REVISED ASSESSMENT ROLL NO. 302 & 302A • RESOLUTION NO. 10638 - REVISED ASSESSMENT ROLL NO. 307A & 309A • RESOLUTION NO. 10639 - REVISED ASSESSMENT ROLL NO. 310 & 310A • (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) PLANNING COMMISSION MINUTES OF JANUARY 16, 1996 CITY COUNCIL AGENDA - FEBRUARY 27, 1996 0 (e) CLUB LIQUOR LICENSES: AMERICAN LEGION POST 496 CROW RIVER COUNTRY CLUB ELKS LODGE 42427 VFW POST 4906 (f) WINE /STRONG BEER LICENSE FOR BAVARIAN HAUS (g) DANCE PERMIT FOR HUTCHINSON FIRE DEPARTMENT (h) APPOINTMENTS TO SNOWMOBILE COMMITTEE GEORGE LEE DEAN DIETEL HARLAN KARG (i) REAPPOINTMENT OF DAN PROCHNOW TO PLANNING COMMISSION (j) CONDITIONAL USE PERMIT REQUESTED BY JON & LINDA SPRENGLER TO CONSTRUCT LIVESTOCK BUYING STATION LOCATED IN HUTCHINSON TOWNSHIP (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (k) REQUEST BY GARY & SHARON DANIELS TO REZONE PROPERTY ALONG HWY. 7 WEST FROM AGRICULTURAL TO INDUSTRIAL ( ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING • COMMISSION (1) REQUEST BY GARY & SHARON DANIELS FOR VARIANCE TO REDUCE SETBACKS FOR STORAGE WAREHOUSE LOCATED IN SECTION 34, ACOMA TOWNSHIP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion - Motion to approve consent agenda 5. PUBLIC HEARING - 6:00 P.M. NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY CHIEF OF POLICE ON EXCELLENCE PLUS OBJECTIVES REGARDING CUSTOMER SERVICE IN THE POLICE DEPARTMENT (b) CONSIDERATION OF REQUEST FOR OUT -OF -STATE TRAVEL FOR DICK NAGY AND MARION GRAHAM Action - Motion to reject - Motion to approve 40 . CITY COUNCIL AGENDA - FEBRUARY 27. 1996 • _ We) ki,'1:"`►IZ6]. `►[ �l: i ►`1�.9x'LK�7�69�i�i17a�el�i�l�� (a) ITEM DELETED FROM AGENDA (b) CONSIDERATION OF SITE PURCHASE AGREEMENT WITH SIMONSON LUMBER OF HUTCHINSON, INC. RELATING TO BLUFF STREET PROJECT (DEFERRED FEBRUARY 13, 1995) Action - Motion to reject - Motion to approve and enter into agreement, contingent upon approval/funding from MN/DOT (c) CONSIDERATION OF HEALTH INSURANCE REVISIONS FOR CITY'S HEALTH INSURANCE PROGRAM (DEFERRED FEBRUARY 13, 1996) Action - Motion to reject - Motion to approve revisions • (a) CONSIDERATION OF ESTABLISHING DATE FOR BOARD OF REVIEW MEETING • Action - Motion to reject - Motion to approve May 1, 1996 at 4:30 p.m. (b) CONSIDERATION OF PURCHASE OF EQUIPMENT FOR WIDE AREA NETWORK AND ASSOCIATED COMPUTER EQUIPMENT Action - Motion to reject - Motion to approve purchase 10. MISCELLANEOUS (a) COMMUNICATIONS MENNIUM-TRY ` • .. e .. 2 i I roMwErelem •� •. (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds . • c - I OM • 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY. JANUARY 23, 1996 The meeting was called to order at 5:30 p.m. by Council Member Erickson. Present: Council Members Don Erickson, Bill Craig, and Kay Peterson. Absent: Mayor Marlin Torgerson and Council Member John Mlinar. 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 Thor Skeie. 3. MINUTES NONE 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS FINANCIAL/INVESTMENT REPORT - DECEMBER 1995 2. PLANNING COMMISSION MINUTES OF DECEMBER l9, 1995 (b) RESOLUTIONS AND ORDINANCES • 1. ORDINANCE NO. 95 -162 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41 DEALING WITH THE REGULATION OF SECOND HAND GOODS DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10624 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT 3. RESOLUTION NO. 10625 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT FOR LETTING NO. 3/PROJECT NO. 96- 04BLUFF STREET AND ADAMS STREET 4. RESOLUTION NO. 10626 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (HILLTOP DRIVE, CENTURY AVENUE) 5. RESOLUTION NO. 10627 - RESOLUTION TO ADOPT CENTRAL GARAGE BUDGET 6. RESOLUTION NO. 10628 - RESOLUTION FOR PURCHASE (c) DELINQUENT WATER AND SEWER ACCOUNTS • (d) GAMBLING LICENSE APPLICATION FOR CROW RIVER SNOW PROS rld CITY COUNCIL MINUTES - JANUARY 23. 1996 0 (e) CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTION 2.71 AND 5.22 TO PROHIBIT BOATHOUSES WITH UNFAVORABLE RECOMMENDATION BY PLANNING COMMISSION (f) CONSIDERATION TO APPROVE THE STORMWATER DETENTION POND - INTERIM STANDARDS WITH FAVORABLE RECOMMENDATIONS BY PLANNING COMMISSION (g) CONSIDERATION TO APPROVE HUSKI ADDITION POND DESIGN WITH FAVORABLE RECOMMENDATION BY PLANNING COMMISSION (h) CONSIDERATION TO APPROVE LOT SPLIT REQUESTED BY ERICKSON'S DIVERSIFIED TO SPLIT 40' FROM THE SOUTHERLY PORTION OF LOT 2, BLOCK 1, HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2 WITH FAVORABLE RECOMMENDATION BY PLANNING COMMISSION (i) CONSIDERATION TO APPROVE REQUEST BY ROGER K. OLSON TO REZONE AGRICULTURAL LAND TO RESIDENTIAL TO ALLOW THE CONSTRUCTION OF SINGLE FAMILY DWELLINGS IN "OLSON'S COUNTRY VIEW SUBDIVISION, LYNN TWP. (2 MILE RADIUS) WITH NO ACTION BY THE PLANNING COMMISSION (j) CONSIDERATION TO APPROVE CONDITIONAL USE PERMIT REQUESTED BY PATRICIA SCHMIDT WHICH RELATES TO OPERATING A BEAUTY • SALON EMPLOYING MORE THAN ONE NON - RESIDENT EMPLOYEE LOCATED IN HASSAN VALLEY TWR (2 MILE RADIUS) WITH NO ACTION BY THE PLANNING COMMISSION The motion to approve the consent agenda, with the exception of items 4 -b(1), 4 -b(2) and 4 -b(3) was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. Item 4- b(1) -- Following discussion, Council Member Craig moved to defer to the February 12, 1996, City Council meeting, seconded by Council Member Peterson and unanimously carried. Items 4 -b(2) & 4- b(3)-- Council Member Craig requested additional information on these two items. Engineer Rodeberg reported that Resolutions No. 10624 and No. 10625 pertain to the bridge project on Bluff Street and Adams Street. Since this is a federal project, the bidding will be handled through the State of Minnesota, with both federal and state aid funding available for the project. Following discussion, Council Member Craig moved to approve items 4 -b(2 & 3) and to adopt Resolutions No. 10624 and No. 10625, seconded by Council Member Peterson and unanimously carried. 0 CITY COUNCIL MINUTES - JANUARY 23, 1996 NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS NONE (a) RESOLUTION NO. 10629 - RESOLUTION TO CONSIDER GRANT APPLICATION FOR C.A.P. GRANT FROM M.P.C.A. Director Randy DeVries reported on the C.A.P. grant application from the Office of Environmental Assistance. He stated the 50150 grant match would provide funding for expansion of the compost facility. The total cost of the project is $490,000, of which the City's cost would be $250,000. Following discussion, Council Member Craig moved to adopt Resolution No. 10629 for the grant application, seconded by Council Member Peterson and unanimously carried. (a) CONSIDERATION OF 1996 COST OF LIVING ADJUSTMENT (DEFERRED JANUARY 9, 1996) Administrator Plotz recommended deferring action on this item due to the absence of two Council Members. The motion to defer was made by Council Member Peterson, seconded by Council Member Craig, and unanimously carried. Council Member Craig moved that the Mayor establish a committee to review the total package of wage adjustment and merit. Seconded by Council Member Peterson and unanimously carried. 9. NEW BUSINESS (a) DISCUSSION OF SNOWMOBILE CONCERNS The Citv Administrator commented on snowmobile concerns and existing problems along the Luce Line Trail. He made reference to the community of Watertown which has a similar situation with the Luce Line Trail running through town. The City could post signs at all trail entrances listing the snowmobile operating hours, but there is limited personnel for enforcing it. Mr. Plotz suggested that the current City ordinance be revised to include additional snowmobile restrictions and to appoint a committee to review the situation. • CITY COUNCIL MINUTES - JANUARY 23, 1996 Joe Dejaeger of the DNR commented on the 20 mph speed limit posted along the Luce Line Trail. He suggested that the DNR and the City work together to study the snowmobile issue and to determine the best solution. Following discussion, Council Member Craig moved that the Mayor direct the City Administrator to organize a committee consisting of members from the local snowmobile clubs, the DNR, and interested residents/home owners. Motion seconded by Council Member Peterson and unanimously carried. (b) PRESENTATION ON HISTORY OF CITY PLANNING AND CONSIDERATION TO ADOPT "EXCELLENCE PLUS" OBJECTIVES City Administrator Plotz reported on the change in planning procedures from 1982 to present. Previously the planning process involved project planning, but currently the focus is on visioning for the City. Planning Coordinator Brenda Ewing presented the six areas for 1997 City objectives. Council Member Craig moved to adopt the "Excellence Plus" objectives, seconded by Council Member Peterson and unanimously carried. • (c) CONSIDERATION TO PURCHASE THREE OFFICE CUBICLES/FURNITURE FOR THE CITY CENTER Engineer Rodeberg requested authorization to purchase three additional office • cubicles and furniture for the City Center at an approximate cost of $20,000. Following discussion, Council Member Craig moved to approve the expenditure of monies as listed, not to exceed $20,000, with the recommendation that the City look at used refurbished panels. Motion seconded by Council Member Peterson and unanimously carried. (d) DISCUSSION OF STATUS OF SOUTH GRADE ROAD/TH 15 IMPROVEMENTS (LETTING NO. 5/PROJECT NO. 96 -07) It was reported by Engineer Rodeberg that this project was delayed last year. However, the Engineering Department will be mailing letters to all parties involved informing them that this improvement project is in the process for 1996. (e) CONSIDERATION OF APPROVAL TO SELL 1977 CHEVROLET TRUCK TO HUTCHINSON SCHOOL DISTRICT FOR A COST OF $8,600.00 Following discussion, Council Member Peterson moved to approve the sale of the 1977 two -ton dump truck to the Hutchinson School District in the amount of $8,600. Motion seconded by Council Member Craig and unanimously carried. (f) CONSIDERATION TO APPROVE ALLINA MANAGEMENT AGREEMENT • • CITY COUNCIL MINUTES - JANUARY 23, 1996 Council Member Erickson stated that the hospital originally entered into affiliation with Allina in 1987 when its corporate name was LifeSpan. Since that time the corporation has undergone two name changes. Attorney Anderson reported that the Hutchinson Area Health Care Board of Directors held a meeting earlier this evening and recommended approval of the management services agreement with Allina Health System. Following discussion, Council Member Craig moved to approve the recommendation from the Hutchinson Area Health Care Board of Directors to accept the management services agreement with Allina Health System. Motion seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FOR LICENSES AND PERMIT • BINGO LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH • SNOW REMOVAL PERMIT FOR ED RETTMAN JR. • CIGARETTE LICENSES: CROW RIVER COUNTRY CLUB HUTCH CAFE • Council Member Peterson moved to approve the licenses and permit. Motion seconded by Council Member Craig and unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER WM. CRAIG Council Member Craig commented that since the majority of the residents do not snowmobile, the City should move forward with the snowmobile groups and resolve the problems. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported that Randy Redman had resigned as Assistant Chief of the Fire Department after serving for nine years in this position. The motion was made by Council Member Peterson to issue a Resolution of Appreciation to Randy Redman in recognition of his years of service as Assistant COE Motion seconded by Council Member Craig and unanimously carried. Mr. Plotz commented on snow plowing and the parking of cars. He requested cooperation from the public to move vehicles so that the snow plows can remove the snow. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated that the snow is being removed from the fire hvdrants, and it will he removed from the intersections. Since the snow is heavy and deep this year, • CITY COUNCIL MINUTES - JANUARY 23, 1996 i it takes additional time to clean it up. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson commented that there would be meetings with the contractor of the Osgood/Hayden project to attempt to resolve the issues. However, he recommended holding a closed meeting to discuss potential litigation at 4:30 p.m. on February 13, 1996, prior to the regular City Council meeting. The motion to hold a special closed meeting on February 13, 1996, at 4:30 p.m. was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. (f) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON Council Member Erickson stated that several small businesses had commented about the increase in the cigarette license fee for 1997. He requested that the Directors review the fee. (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 Craig and unanimously carried. • � • :. uL There being no further business, the meeting adjourned at 7:00 p.m. • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 13, 1996 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Mom, Director of Engineering John Rodeberg. and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Gerhard Bode. MINUTES The minutes of the regular meeting of January 9, 1996 were approved as presented. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS BUILDING OFFICIAL'S REPORT - JANUARY 1996 (b) RESOLUTIONS AND ORDINANCES I. ORDINANCE NO. 95 -162 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41 • DEALING WITH THE REGULATION OF SECOND HAND GOODS DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10630 - RESOLUTION FOR PURCHASE (c) SNOW REMOVAL PERMIT FOR DOUGLAS PETERSON (d) SOLITRA USA PROMISSORY NOTE (e) APPOINTMENTS TO SNOWMOBILE COMMITTEE ► STEVE DREW, BILL ARNDT, FRED BARLAU - SNOWMOBILE CLUB ► LT. SCOTT SCHWARTZ - POLICE DEPARTMENT ► VERN HAHN - LUCE LINE TRAIL PRESIDENT ► JOHN ARLT OR DOLF MOON - PARK/RECREATION DEPT. ► KENNETH JONES - SNOWMOBILE TRAIL COMMITTEE The motion to accept the consent agenda with the exception of item 4 -b(1) was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. Item 4- b(1) -- Council Member Craig questioned the proper procedure for adoption since the revised ordinance contained many changes from the first reading of the original copy. • Attorney Anderson stated that amendment issues are dealt with in a second reading. However, since there was a total rewrite of Ordinance No. 95 -162, he recommended CITY COUNCIL MINUTES - FEBRUARY 13, 1996 holding the first reading at this meeting and the second reading on February 27, 1996. Following discussion, Council Member Craig moved that this be the first reading of Ordinance No. 95 -162 and set second reading for the next meeting. Motion seconded by Council Member Mlinar and unanimously carried. (a) AMENDMENT TO BUDGET FOR DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 4 (IMPRESSIONS, INC.) Mayor Torgerson called the hearing to order at 6:00 p.m. and read the notice of public hearing. Dick Lennes, HCDC Executive Director, presented the agenda for the hearing and an over view of the construction plans for Impressions, Inc. Finance Director Kenneth B. Merrill reviewed the documents involved to amend the budget for Tax Increment District No. 4 and also Resolution No. 10632, Don Walser, HCDC Finance Team, commented on the background of Impressions, Inc. and the company's building plans in Hutchinson. Mr. Walser presented four recommendations from the HCDC Finance Team and the HCDC Board of Directors. Engineer Rodeberg stated that the Hutchinson Industrial Park will be the location for the new business. He then reviewed the site, streets, utilities, and requirements for the area, which includes a holding pond for run -off. DuWayne Peterson, HCDC Finance Team, reviewed the acreage involved and its cost. He stated the company needs tax increment financing to make the project feasible. Within nine to ten years the tax increment will end, and the property will return to the tax rolls. Mike Ribich, 1350 Campbell Lane NW, inquired why the TIF funding would come from Tax Increment District No. 4 and who would pay for it. It was explained that since the property is located in Development District No. 4, the tax increment financing comes out of that area A discussion followed regarding how the monies flow through this district. Council Member Erickson moved to close the hearing at 6:42 p.m., seconded by Council Member Mlinar and unanimously carried. Council Member Craig moved to approve the budget amendment for Development District No. 4 and to adopt Resolution No. 10632. Motion seconded by Council Member Peterson and unanimously carried. r� L • 0 CITY COUNCIL MINUTES - FEBRUARY l3, 1996 (b) LETTING NO. 3, PROJECT NO. 96 -04 (BLUFF STREET /ADAMS STREET) Mayor Torgerson called the hearing to order at 6:45 p.m. and read the notice of hearing for Project No. 96 -04. Engineer Rodeberg reviewed the project and what it would entail. He stated that bids on the project would be opened in late March or early April. Mike Ribich, 1350 Campbell Lane NW, commented on the difference in price for a plain handrail versus a fancy handrail on the bridge. He suggested the City go the cheaper route with a plain handrail. The City Engineer noted that the project could be bid out with the handrail listed as a separate item. Tim Smith, Plant Manager for Integrated Ingredients, objected that their food operation was the only one being assessed. He requested a reduction on the assessment or a two year payment period with no interest. Mr. Smith stated the company supports the project. He also asked that he receive a guarantee from the City that the business wall be accessible during construction. Since the business has limited space for snow stacking, Mr. Smith asked if they could contract with the City to dump snow on the City's lot. • Engineer Rodeberg stated that there would be an accessible entrance available during construction. He also commented that the City would review the snow stacking request. The City Engineer responded that the taxes would not be payable until 1997, and an agreement could be made for a two -year payment at 5% to 5.5% interest over two years. Council Member Mlinar moved to close the hearing at 7:05 p.m., seconded by Council Member Erickson and unanimously carried. The motion was made by Council Member Mlinar to approve the project and to adopt Resolution No. 10631, seconded by Council Member Erickson and unanimously carried. • �� � • . �_ • :_. • • r •may (a) UPDATE ON EMPLOYEE TRAINING SESSION ON MEASUREMENT BY CITY ADMINISTRATOR City Administrator Plotz presented the four types of measurement: (1) in put; (2) out put; (3) outcome; and (4) efficiency. (b) CONSIDERATION OF REQUEST FOR OUT -OF -STATE TRAVEL BY FINANCE DIRECTOR Following discussion, Council Member Peterson moved to approve the request, 11 lJ CITY COUNCIL MINUTES - FEBRUARY 13, 1996 • seconded by Council Member Erickson and unanimously carried. RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA (a) CONSIDERATION OF 1996 COST OF LIVING ADJUSTMENT (DEFERRED JANUARY 23, 1996) Council Member Mlinar moved to defer to the February 27, 1996 meeting, seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF HCDC FINANCE TEAM RECOMMENDATIONS REGARDING IMPRESSIONS, INC. Don Walser, HCDC Finance Team, presented their four recommendations to the City Council and requested approval of the following: 1. Approval of the concept under recommendation No. 1. 2. Approval of the use of $250,000 for tax increment funding to be used for administrative fee, infrastructure costs and land preparation for Impressions Incorporated. 3. Approval of the concept of necessary infrastructure construction to be assessed • as per general City policy with interest rate not to exceed 6 %. 4. Authorization of City to invest $25,000 in each of four City financial institutions to be made available to Impressions Incorporated and as leverage for a $100,000 match from Southwest Minnesota Initiative Fund. Following discussion, Council Member Mlinar moved to approve the above stated recommendations, seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF SITE PURCHASE AGREEMENT WITH SIMONSON LUMBER OF HUTCHINSON, INC. RELATING TO BLUFF STREET PROJECT (DEFERRED JULY 11, 1995) City Attorney Anderson reported that the triangular parcel of property was removed from the purchase agreement, and Simonson will be given right -of -first refusal. Engineer Rodeberg stated that the City cannot act on the agreement until a review appraisal has been received and funding has been issued by the State. Following discussion, Council Member Mlinar moved to defer, seconded by Council Member Peterson and unanimously carried. 0 9 CITY COUNCIL MINUTES - FEBRUARY 13, 1996 (a) CONSIDERATION OF HEALTH INSURANCE REVISIONS FOR CITY'S HEALTH INSURANCE PROGRAM Finance Director Kenneth Merrill requested this item be deferred. Council Member Mlinar moved to defer, seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF 1995 WATER/SEWER FUND REIMBURSEMENT TO GENERAL FUND Following an explanation of the reimbursement procedure by the Finance Director, Council Member Mlinar moved to approve the fund reimbursement. Motion seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported that as an outcome of the special closed meeting at 4:30 p.m. today, it was his recommendation, with concurrence from the Director of Engineering, to release payment of $192,064.16 to Landwehr Construction, the • contractor of the Osgood/Hayden/Lake project, with the balance to be retained until further discussion and resolution of the dispute has been resolved. Following discussion, Council Member Erickson moved to approve the recommendation for release of funds, seconded by Council Member Peterson and unanimously carried. (b) COMMUNICATIONS FOR PURCHASE OF 1996 4 -WHEEL DRIVE UTILITY VEHICLE FOR WASTEWATER DEPARTMENT It was reported that three bids were received for a 1996 utility vehicle, and Plowman Ford was the low bidder. With the trade -in of a 1986 Jeep Commanche pickup with topper for $2,700, the net bid was $21,676.00. Following discussion, Council Member Craig moved to approve the purchase and award the bid to Plowman Ford, seconded by Council Member Peterson and unanimously carried. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented that he would be including in the Council packets information pertaining to League issues. The Council Members should let him know what action should be taken, if any. (d) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR 40 5 CITY COUNCIL MINUTES - FEBRUARY 13. 1996 Council Member Mlinar stated that he had been contacted by a concerned citizen regarding the lighting on the new electronic bulletin board. The message on the board changes every six seconds. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson made reference to the recent joint meeting of the townships, county, and city. He noted that the program was moving forward and should be established within the next few months. The Hutchinson Area Joint Planning Board will be the first in the State to put together a joint effort to deal with issues within the urban expansion zone. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. : • C► There being no further business, the meeting adjourned at 7:08 p.m. • 0 0 27- Feb -96 Institution Description TREAS BONDS 644136 TREAS BONDS 644137 Smith Barney GNMA 865M7 Smith Barney 313400 S H 7 Smith Barney 313400 -y6-4 Firstate 371 Firstate 363 Firstate 189 Firstate 217 O irstate 245 Firstate 411235399 Firstate 1847000000566 Prudential Fed Home Laon Smith Barney FNMA Smith Barney 6.65% `CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease A GNMA with fixed maturity but has a call date of 8112/97 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) 9 (1) CMO has been repaid in full 6/7/95 Amount _ 373,500.00 307,312.50 128,077.78 300,071.92 501,002.05 600,000.00 400,000.00 500, 000.00 400,000.00 400,000.00 300,000.00 500,000.00 200,000.00 500,000.00 206, 371.04 $5,616,335.29 `t ¢} , (1) CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT. January 1996 Date Date Interest Of Of Rate Purchase Maturity 7.18 % 12/12/91 2/15/2001 7.13% 12/12/91 10/15/98 7.363% 2115/93 8/1012002 5.00% 12/30/93 03110/00 8.19% 12119/94 12/16/97 6.65% 05/11/95 05/16/96 5.70% 10/12/95 10/10/96 5.75% 08/10/95 02/15/96 5.75% 08/10/95 03/14/96 5.75% 08/10/95 04/11/96 6.05% 12/14/95 06/13196 5.50% 12/14/95 12/12/96 6.41% 10/31/95 11/06/00 6.09% 12/19195 12/19/00 12/20/95 06/01/02 `CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease A GNMA with fixed maturity but has a call date of 8112/97 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) 9 (1) CMO has been repaid in full 6/7/95 Amount _ 373,500.00 307,312.50 128,077.78 300,071.92 501,002.05 600,000.00 400,000.00 500, 000.00 400,000.00 400,000.00 300,000.00 500,000.00 200,000.00 500,000.00 206, 371.04 $5,616,335.29 `t ¢} , (1) JANUARY 1996 CITY OF HUTCHINSON FINANCIAL STATEMENTS 3,051.35 JANUARY 19 43,733.65 6.5% 1996 15,389.40 15,389.40 172,613.00 REVENUE REPORT - GENERAL JANUARY YEAR TO ADOPTED BALANCE PERCENTAG 4,724.44 MONTH DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 0.00 1,402,694.00 1,402,694.00 0.00% LICENSES 315.00 315.00 25,100.00 24,785.00 1.25% PERMITS AND FEES 2,692.16 2,692.16 174,000.00 171,307.84 1.55% INTERGOVERNMENT REVENUE 30,013.50 30,013.50 2,280,478.00 2,250,464.50 1.32% CHARGES FOR SERVICES 31,172.84 31,172.84 1,132,323.00 1,101,150.16 2.75% FINES & FORFEITS 0.00 0.00 66,000.00 66,000.00 0.00% INTEREST 765.73 765.73 75,000.00 74,234.27 1.02% SURCHARGES - BLDG PERMITS 168.75 168.75 1,000.00 831.25 16.88% CONTRIBUTIONS FROM OTHER FUND 840.00 840.00 714,886.00 714,046.00 0.12% REIMBURSEMENTS 345.66 345.66 40,000.00 39,654.34 0.86% SALES 0.00 0.00 15,800.00 15,800.00 0.00% TOTAL 66,313.64 66,313.64 5,927,281.00 5,860,967.36 1.1% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 3,051.35 3,051.35 46,785.00 43,733.65 6.5% CITY ADMINISTRATOR 15,389.40 15,389.40 172,613.00 157,223.60 8.9% ELECTIONS 1,300.56 1,300.56 6,025.00 4,724.44 21.6% FINANCE 17,099.74 17,099.74 296,155.00 279,055.26 5.8% MOTOR VEHICE 7,973.68 7,973.68 117,502.00 109,528.32 6.8% ASSESSING 0.00 0.00 25,500.00 25,500.00 0.0% LEGAL 7,925.01 7,925.01 95,599.00 87,673.99 8.3% PLANNING 6,688.58 6,688.58 82,324.00 75,635.42 8.1% POLICE DEPARTMENT 106,930.85 106,930.85 1,417,328.00 1,310,397.15 7.5% SCHOOL LIAISON OFFICER 6,411.55 6,411.55 91,667.00 85,255.45 7.0% EMERGENCY MANAGEMENT 10.65 10.65 1,100.00 1,089.35 1.0% • SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE DEPARTMENT 10,694.86 10,694.86 164,012.00 153,317.14 6.5% FIRE MARSHAL 2,107.46 2,107.46 30,642.00 28,534.54 6.9% PROTECTIVE INSPECTIONS 10,785.34 10,785.34 139,378.00 128,592.66 7.7% ENGINEERING 35,581.06 35,581.06 348,012.00 312,430.94 10.2% STREETS & ALLEYS 35,108.69 35,108.69 534,075.00 498,966.31 6.6% STREET MAINTENANCE A/C 6,308.91 6,308.91 87,600.00 81,291.09 7.2% CITY HALL 6,980.22 6,980.22 84,662.00 77,681.78 82% PARK/REC ADMIN. 9,268.38 9,268.38 137,339.00 128,070.62 6.7% RECREATION 11,664.94 11,664.94 229,126.00 217,461.06 5.1% SENIOR CITIZENS CENTER 4,734.76 4,734.76 94,027.00 89,292.24 5.0% CIVIC ARENA 30,188.42 30,188.42 157,919.00 127,730.58 19.1% PARK DEPARTMENT 36,084.83 36,084.83 580,681.00 544,596.17 6.2% RECREATION BUILDING & POOL 8,238.75 8,238.75 83,149.00 74,910.25 9.9% LIBRARY 20,582.20 20,582.20 98,222.00 77,639.80 21.0% CEMETERY 3,946.15 3,946.15 78,915.00 74,968.85 5.0% DEBT SERVICE 930.00 930.00 53,770.00 52,840.00 1.7% AIRPORT 2,478.70 2,478.70 72,107.00 69,628.30 3.4% TRANSIT 11,038.90 11,038.90 123,804.00 112,765.10 8.9% COMMUNITY DEVELOPMENT 5,387.91 5,387.91 75,506.00 70,118.09 7.1% UNALLOCATED 38,798.97 38,798.97 401,487.00 362,688.03 9.7% TOTAL 463,690.82 463,690.82 5,927,281.00 5,463,590.18 2.44 A JANUARY 1996 CITY OF HUTCHINSON FINANCIAL REPORT - 1996 JANUARY ENTERPRISE FUNDS • REVENUE REPORT - LIQUOR FUND CURRENT JANUARY YEAR TO DATE ACTUAL ADOPTED BUDGET BALANCE PERCENT REMAINING USED PERSONEL SERVICES 13,747.15 13,747.15 173,965.00 160,217.85 LIQUOR SALES 50,944.47 50,944.47 739,000.00 688,055.53 6.9% WINE SALES 15,460.98 15,460.98 231,000.00 215,539.02 6.7% BEER SALES 74,753.82 74,753.82 1,155,000.00 1,080,246.18 6.5% BEER DEPOSIT (144.16) (144.16) 0.00 144.16 0.0% MISC. SALES 5,319.39 5,319.39 91,000.00 85,680.61 5.8% LOTTERY SALES (681.00) (681.00) 20,000.00 20,681.00 -3.4% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 0.0% CASH DISCOUNTS (1,451.36) (1,451.36) (16,000.00) (14,548.64) 9.1% INTEREST 536.84 536.84 2,000.00 1,463.16 26.6% TOTAL 144,738.98 144,738.98 2,222,000.00 2,077,261.02 6.5% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 13,747.15 13,747.15 173,965.00 160,217.85 7.9% REPAIR & MAINTENANCE 911.63 911.63 9,350.00 8,438.37 9.8% CONSULTING 0.00 0.00 2,000.00 2,000.00 0.0% OTHER SERVICE & CHARGES 11,866.12 11,866.12 56,125.00 44,258.88 21.1% DEPRECIATION 0.00 0.00 22,500.00 22,500.00 0.0% DEBT SERVICE 0.00 0.00 38,360.00 38,360.00 0.0% TRANSFERS 0.00 0.00 150,000.00 150,000.00 0.0% COST OF SALES 167,947.44 167,947.44 1,693,500.00 1,525,552.56 9.9% MISCELLANEOUS 0.00 0.00 7,400.00 7,400.00 0.0% CAPITAL OUTLAY 160.00 160.00 2,900.00 2,740.00 0.0% •TOTAL 194,632.34 194,632.34 2,156,100.00 1,961,467.66 9.0% SEWER/FUND SCORE 0.00 0.00 132,300.00 132,300.00 0.0% LICENSES 400.00 400.00 WATER SALES 50,879.08 50,879.08 665,000.00 614,120.92 7.7% WATER TREATMENT SURCHARGE 1,275.28 1,275.28 0.00 WATER METER 0.00 0.00 14,000.00 14,000.00 0.0% REFUSE SERVICES 25,390.45 25,390.45 450,000.00 424,609.55 5.6% REFUSE SURCHARGE 2,867.02 2,867.02 49,500.00 46,632.98 5.8% RECYCLE BAGS (14.84) (14.84) 500.00 514.84 0.0% REFUSE STICKER SALES 66.00 66.00 1,500.00 REFUSE RECYCLING (3,070.00) (3,070.00) (60,000.00) COMPOST CREDIT (469.32) (469.32) (10,000.00) COMPOST & RECYCLE SALES (10.90) (10.90) 0.00 SEWER SERVICES 127,409.25 127,409.25 1,890,000.00 1,762,590.75 6.7% PENALTY CHARGES 1,449.05 1,449.05 18,000.00 16,550.95 8.1% INTEREST EARNED 0.00 0.00 130,000.00 130,000.00 0.0% LOAN REPAYMENT 411.76 411.76 38,630.00 38,218.24 REFUNDS & REIMBURSEMENTS 22.10 22.10 3,000.00 2,977.90 0.7% OTHER 3.00 3.00 2,000.00 1,997.00 0.2% CONNECTION CHARGES 0.00 0.00 0.00 TOTAL 206,607.93 206,607.93 3,324,430.00 3,184,513.13 0.35 EXPENSE REPORT -WATER SEWER/FUND REFUSE 32,937.08 32,937.08 437,942.00 405,004.92 7.5% _HATER 32,831.22 32,831.22 1,094,849.00 1,062,017.78 3.0% I/yASTEWATER 70,620.49 70,620.49 2,344,053.00 2,273,432.51 3.0% TOTAL 136,388.79 136,368.79 3,876,844.00 3,740,455.21 3.5% 11-A (J-> J 11 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIASILITT PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" RICHARD G. M<GEE CATHRYN D. REHER GINA M, BRANDT BRETT D. ARNOLD 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (61 2) 587 -7 57 5 FAX 16121587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON February 22, 1996 'ALSO ITTED TE A O HE Y RN lei. na ry tz, City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Pawn Shop Ordinance Our File No. 3188 -87031 Cl7Y G HU -`•: `.:g OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (6121545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 38a2214 FAX (612) 38SL5506 FOR YOUR 1NFORM00. Dear Gary: • As you know, the above referenced ordinance is scheduled for its second reading at the next regularly scheduled City Council meeting. I have now heard from the police department and they have approved the ordinance as drafted. The police department has some interest in imposing a requirement that a photograph be taken at the time firearms are pawned, but since this field is already regulated to some extent by the federal government and since the State of Minnesota is presently considering extensive regulation in the area, it was the feeling of the police department that to impose such a requirement at this point would not be productive. I do have one minor chan a in the document and I am passing along a revised pawn shop or inance which should be included in the Council packet for this coming Tuesday's meeting. It was pointed out to me that the intent of the ordinance was to exempt existing pawn shop operations from the detailed application process. Obviously, it makes no sense to require a detailed application from someone who is already doing business within the community. However, the language as set out in the ordinance is unclear on this point and I have now clarified it. Existing pawn shop operations are subject to the regulations adopted by the City Council but need not complete the detailed application process in order to be licensed. Thank you for your time and attention to these matters. Best regards. • Very truly r ; ARNOLD, ON & , L.L.P. G. Ba "r derson L� GBA:lm EncloSUfeERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION .. CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ',so Ao MITTEo IH .. N. HEw T04R 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 5877575 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON February 12, 1996 \J ATTORNEYS AT LAW Mr. Gary D. Plotz City Administrator Hutchinson City Center ill Hassan Street S.E. Hutchinson, Mn. 55350 Re: Pawn Shop Ordinance Issues Our File No. 3188 -87031 1 „ OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16121545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612) 389 -2214 FAX IS 12) 3845506 FOR YOUR (NEOR,MAT;:?t Enclosed please find a copy of correspondence from Mike Rogers, the Meeker County Investigator, regarding the Security Coin and Pawn Shop, Inc. This should be included in the Council packet at the next regularly scheduled City Council meeting as I did promise the owners of Security Coin and Pawn Shop that I would see that it came to the attention of the Council. Dear Gary: Also, please advise the correspondence by way of this correspondence that the State of Minnesota is considering some additional regulation in this area and I invited Security, once the legislation becomes effective, to contact the City to discuss coordination of State law and City ordinance. Although the process of getting this ordinance adopted has been much more complicated and time consuming than is usually the case, I believe the result is generally a good one for the community. If I can be of any further assistance, please advise Best regards. Very truly yours, ARNOLD, ANDEPSON & DOVE, P.L.L.P. Barry Anderson GBA:lm Thank you. 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 ,t'N E yU�ee�Oh COuNtu s(1eh[ s �l ept. Mike Hirman, Sheriff 326 North Ramsey. Litchfield, Minnesota 5535 January 17, 1996 To Whom It May Concern: I'm writing this letter in reference to the cooperation and complete working relationship that we have had in Meeker County as to law enforcement working with Wayne Pitlick from Security Coin and Pawn Shop located in Hutchinson, Minnesota. I have known Wayne for the past few years since Security Pawn opened and in the time to time dealings with him consider him a good friend and the most cooperative pawn shop I have ever dealt with. Wayne has gone out of his way to aid any sort of investigation or follow up that we have contacted him on. In fact, Wayne has contacted our department where he has suspected a suspicious sale which has put us on active leads which have resulted in arrests and convictions in the past. I cannot say enough about the working relationship between this specific pawn shop and any work contacts that I have had with them. All I wish to add at this time is that I hope nothing changes to effect the working relationship of our department and Security Coin and Pawn Shop. Sincerely, Mik J. Rogers Meeker County Investigator MJR:jbs AN EQUAL OPPORTUNITY EMPLOYER 1 • • ORDINANCE NO. 9 -162 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41 DEALING WITH THE REGULATION OF SECOND HAND GOODS DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 6.41 is added and shall read as follows: SEC. 6.41. PAWN BROKER'S LICENSES. Subd. 1. Purpose. The City Council finds that pawnbrokers potentially provide an opportunity for the commission and concealment of crimes. Such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawn brokers. The purpose of this section is to prevent pawnbroking businesses from being used as facilities for commission of crimes and to ensure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the • citizens of the City. Subd. 2. Definitions. The following terms, as used in this Section shall have the meanings stated: A. "Minor" means any natural person under the age of 18 years. B. "Oversized items" means large items such as cars, boats, and other motorized vehicles and motorized equipment. C. "Pawnbroker" means a person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price; or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this section shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this section. D. "Person" means one or more natural persons; a partnership, including a limited partnership; a corporation; including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. E. "Secondhand item" means tangible personal • property, excluding motor vehicles, which has been previously used, rented, owned or leased. Subd. 3. License Required. No person shall engage in the trade or business of pawnbroker within the city unless such person is currently licensed under this ordinance. Subd. 4. Exceptions to License Requirement. A. A person who holds a motor vehicle dealer license is exempt from the terms of this ordinance with respect to motor vehicles. Subd. 5. Persons Ineligible. The following are not eligible for licensure under this Section: A. Anyone not a citizens of the United States or a resident alien; B. A minor at the time the application is filed; C. Anyone who has been convicted of any crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of pawnbroker or precious metal dealer under Minnesota Statutes, Section 364.03, Subdivision 3, or a person not • of good moral character and repute; D. Anyone who holds a liquor license; E. Anyone who, in the sole judgment of the City Council, is not the real party in interest or beneficial owner of the business operated under the license. F. Anyone who has had a pawnbroker license revoked anywhere within five years of the license application. G. In the case of an individual, anyone who is not a resident of McLeod County; in the case of a partnership, the managing partner is not a resident of McLeod County; or in the case of a corporation, the manager is not a resident of Mcleod County. The required residency must be established by the time the license is issued and maintained throughout the existence of the license and all renewals. The time for establishing residency, for good cause, be extended by the Council. Subd. 6. Places Ineligible. The following places are not eligible for licensure under this Section: A. No license shall be issued for any place or any business ineligible for a license under City Ordinance or State law. 0 • B. No license shall be issued for a place or business which holds a liquor license. C. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City or other government agency are delinquent and unpaid. Subd. 7. License application. A. In addition to any other information required by any other government agency, every application for a license under this ordinance submitted after January 1, 1996 shall be made on a form supplied by the City, shall be verified and shall contain not only the following information, but such other information as the City may reasonably require: 1. Representations as to the applicant's character; 2. The business in connection with which the proposed license will operate; 3. Whether the applicant is the owner and operator of the business and if not, who is; 4. Whether the applicant has ever used or been • known by a name other than his /her true name, and if so, what was the name, or names, and information concerning dates and places where used; 5. Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse; 6. Street address at which applicant and spouse have lived during the preceding ten years; 7. Kind, name and location of every business or occupation applicant has been engaged in during the preceding ten years; 8. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years; 9. Whether the applicant or spouse has ever been convicted of a violation of any state law or local ordinance, other than a non - alcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had; 10. Whether the applicant or spouse has ever • been engaged as an employee or in operating a pawnshop or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. 11. Whether the applicant has ever been in • military service. If so, the applicant shall, upon request, document all discharges. 12. If the applicant is a partnership, the name and address of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner, or partners, shall be designated. The interest of each partner, or partners in the business shall be submitted with the application and, if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statute, Chapter 333, a copy of the certificate certified by the District Court Administrator shall be attached to the application. 13. If the applicant is a corporation or other organization, the applicant shall submit the following: a. Name, and if incorporated, the state of incorporation; b. A true copy of the certificate of incorporation, articles of incorporation or association agreements; c. The name of the manager or proprietor or other agent in charge of, or to be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant. • d. A list of all persons who, single or together with their spouse own or control an interest in said corporation or association in excess of five percent or who are officers of said corporation or association, together with their addresses and all information as is required for a single applicant. 14. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by State of City employees in case of emergency. 15. Whether the applicant holds a current pawnbroker license from any other governmental unit and whether the applicant is licensed under Minnesota Statutes, Section 471.924 or 325F.731 to 325.744. 16. Whether the applicant has ever been denied a pawnbroker license from any other governmental unit. 17. The location of the business premises. 18. The legal description of the premises to be licensed including a map of the area for which the license is . • sought, showing dimensions, locations of building, street access and parking facilities. 19. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 20. Other information which the City deems appropriate. Any pawn shop conducting business within the city limits of the City of Hutchinson on January 2, 1996 shall not be required to submit the application otherwise mandated by this section. In all other respects, any such pawn shop shall comply with this ordinance. No person shall make a false statement or material omission in a license application or investigation. Any false statement or material omission shall be grounds for denial, suspension, or revocation of a license. Each licensee shall have the continuing duty to properly notify the City Administrator of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of • the license. Failure to comply with this section shall constitute cause for revocation or suspension of the license. The application for the renewal of any existing license shall be made at least 90 days prior to the date of the expiration of the license and shall be made on the form which the Council provides. Subd. 8. Fees A. Every applicant for a license shall pay to the City the investigation fee specified by the City. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the Council believes that the public interest so warrants, it may require a similar investigation at the time of renewal of any license. If an investigation is ordered by the City Council at the time of license renewal, the applicant shall pay the fee specified above, except that the fee shall be the smaller of the stated dollar amount or the actual cost of the investigation. There shall be no refund of the investigation fee for any person after the investigation has begun. B. The annual fees for a pawnshop license shall be established by the City Council by resolution. C. Each license shall expire on December 31st of the year in which it is issued. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. D. No refund of any fee shall be made except as authorized by the City Council. Subd. 9. Bond required. At the time of filing an application for a license, the applicant shall file a bond in the amount of $5,000 with the City Administrator. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the city attorney. Said bond must be conditioned that the licensee shall observe the ordinances of the City, in relation to the business of pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. Subd. 10. oranting of Licensee. A. No license shall be issued until the Police Department has conducted an investigation of the representations set forth in the application, the applicant's moral character, and the applicant's financial status. All applicants must cooperate with this investigation. B. No license shall be issued until the Council has held a public hearing in such manner as the Council may direct. At the public hearing all persons interested in the matter shall be heard, and the hearing may be adjourned from time to time. No hearing shall be required for a renewal of a license, but the Council may, in its sole discretion, hold such a hearing. C. After investigation and hearing, the Council shall, at its discretion, grant or deny the application. D. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the Council in the same manner as an application for a new license. Transfer of 25 percent or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior Council approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken • L L • • place without obtaining Council approval shall be a separate violation of this ordinance. E. Any application for a license may be considered by the City Council at the same time an applicant is requesting any land use approvals needed for the site, including site plan review, rezoning, or an amendment to the Comprehensive Guide Plan. Final approval of a license shall not be granted until the City Council has given at least preliminary approval to any necessary land use request. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. F. In the case of the death of a licensee, the personal representative of a licensee may continue operation of the business for not more than 180 days after the licensee's death. Subd. 11. Maintenance of Peace. Every licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of any employee of the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. Subd. 12. Display of Liconse. Every license must be • posted in a conspicuous place in the premises for which it is used. Subd. 13. Record Keeping. At the time of a receipt of an item of property, every licensee shall immediately record, in English, in an indelible ink, in a book or journal, which has page numbers that are preprinted the following information: A. An accurate description of the item of property including, where practical, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; B. The date and time the item of property was received by the licensee. C. The name, address, and date of birth and reasonable accurate physical description of the person from whom the item of property was received. D. The amount of money loaned upon or pledged for the item. E. The identification number from one of the following forms of identification of the person from whom the item was received: 1. a valid Minnesota photo driver's license; 2. a Minnesota photo Identification card; 3. a photo identification card issued by the state of residency of the person from whom the item was received, • and one other valid form of identification; 4. passport; or 5. military photo identification. F. Such other information as law enforcement officials or the City may reasonably require. Subd. 14. Inspection of Records. The licensee shall make available the information required above at all reasonable times for inspection by Law Enforcement Officials. The information required in Subsection 4 shall be retained by the pawnbroker for at least four years. Subd. 15. Rece ts. The licensee shall provide a receipt to the seller or pledger of any item of property received, which shall be numbered to correspond to the entry in the licensee's records and shall include: pawnbroker. pawnbroker. A. The name, address, and phone number of the B. The date on which the item was received by the C. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or • sold, and whether it was pawned or sold. D. The last regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item(s) on that date. E. The service charge or the annual rate of interest charged on pawned items received. F. The name and address of the seller or pledger. Subd. 16. Reports to Police. For the types of items listed below, the licensee must submit to the Hutchinson Police Department on a regular basis but in any event on demand a list of the specific items purchased or received that day. The list must be on forms approved by the City. A. Any item with a serial number, identification number, or "Operation Identification" number; B. Cameras; C. Electronic, audio, video or radar detection equipment; • D. Precious jewelry, gems and metals; E. Artist - signed or artist - attributed works of art; F. Firearms; G. Any item not included in (A) - (F) above which the licensee intends to sell for more than $200, except for furniture and kitchen or laundry appliances. Subd. 17. Police Restrictions on Sale or Redemption. Whenever the City Police Department notifies the licensee not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the City Police Department. Subd. 18. Redemption or Sale. Any item received by the licensee for which a report to the City police is required shall not be sold or otherwise transferred , or in the case of precious metal, melted down or dismantled, for 14 days after the date of such report to the police. Subd. 19. Inspection of Items. A. Inspection by City. The licensee shall, at all times during the term of the license, allow the City Police • Department to enter the premises where the business is located and any other premises where items purchased or received as part of the business are stored, for the purpose of inspecting such premises and the merchandise therein to locate items suspected or alleged to have been stolen or otherwise improperly disposed of. B. Inspection by Claimants. Additionally, all the items coming into possession of the licensee shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have any interest therein, when such person is accompanied by a police officer. The licensee may require, prior to inspection, a reasonable description of the property from the party claiming ownership or an interest in the property. Subd. 20. aamblinc. No licensee may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Section 349.11 - 349.61, may be kept or operated and no raffles may be conducted on the licensed premises or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes, Section 349!.01 - 349A.15. • Subd. 21. Oversized Items. All items must be stored within the licensed premises building, except the City may permit the licensee to designate one locked and secured warehouse building • within the City which the licensee may store oversized items. No item may be stored in the designated warehouse building that is not reported in the journal. The licensee shall permit immediate inspection of the warehouse at any time during business hours by the City and failure to do so is a violation of this Ordinance. Oversized items may not be stored in parking lots or other outside areas. All provisions regarding recordkeeping and reporting shall apply to oversized items. Subd. 22. Off Site Sales18torage. All items accepted by a licensee at a licensed location in the City shall be for pledge or sale through a licensed location in the City. Licensee shall be responsible for maintaining adequate records to demonstrate ownership for the sale or pledging of items acquired at appropriately licensed facilities located in other cities. Subd. 23. Restrictions on Weapons. A. A licensee may not receive as a pledge or otherwise, or accept for consignment or sale, any firearm as defined in section 515.01, Subd. 3 of this Code, unless the licensee also maintains a federal firearms dealer's license. B. otherwise, or accep defined in section C. identification for arm. A licensee may not receive as a pledge or t for consignment of sale, any assault weapon as 515.01, Subd. 2 of this Code. • A licensee may not use out of state the sale, consignment or pawning of any fire Subd. 27. Suspensions and Revocations of License. A. Delinquent Taxes. The City Council may suspend or revoke a license issued under this Chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minnesota Statutes Chapter 278, questioning the amount of validity of taxes, the Council may on application by the licensee waive strict compliance with the provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. B. Violations. The Council may either suspend for up to 60 days or revoke any license or impose a civil fine not to exceed $2,000 for each violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statute Section 14.57 to 14.69. Any conviction by the licensee for theft, burglary, robbery, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. 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 1995. Marlin Torgerson, Mayor • Attest: Gary D. Plotz, City Administrator Published in the First reading:_ Second reading: Hutchinson Leader 0 RESOLUTION NO. 10633 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Manhole Rehab. (6) $ 7,602.0 Maintenance Sewer Yes Infratech HP 486 -66 S Monitor 6,624.0 Addition & Replace Eng. Yes Business Ware Fin. Police HATS _ The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Date Approved: February 77 1996 Motion made by: • Seconded by: Resolution submitted for Council action by: �Z-1,3 . (2 • RESOLUTION NO. 10634 AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN WHEREAS, Citizens Bank & Trust Co. of Hutchinson, Minnesota, a city depository, has requested release of the following security under the collateral agreement with the City of Hutchinson: Fed Home Loan Bank 07 -07 -98 $ 500,000.00 (cusip31300vp5) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • THAT the City Finance Director be authorized to release the requested securities and to accept the substituted securities. Adopted by the City Council this 27th day of February, 1996. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator • // -W(3) • RESOLUTION N0. 10635 THIS RESOLUTION is made and entered this 271h day of February, 1996 by the Hutchinson City Council. RECITALS: • 1. The City of Hutchinson, a Minnesota municipal corporation, presently reviews platting applications for property located within two miles of the city limits of the City of Hutchinson and makes recommendations regarding approval of said plats to the McLeod County Board of Commissioners; 2. The City, in conjunction with affected townships and county government, is presently exploring a joint powers agreement to govern zoning and planning decisions within areas adjacent to the present city limits of the City of Hutchinson; 3. An application has been filed by H.P. Quade, to plat certain property located in the general vicinity of but not within the city limits of the City of Hutchinson; 4. Although the joint powers agreement between affected townships, county government and City of Hutchinson is not yet in place, the City desires to process at least one application to determine if proposed procedures, including a technical review of the proposed plat, will function under a joint powers arrangement; 5. H.P. Quade has agreed to submit his proposed development plan, plat and other related documents for technical review by interested parties and ultimate approval of the plat by the McLeod County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the City of Hutchinson hereby waives its right to review the proposed plat and related documents to be filed by H.P. Quade with the express understanding that said waiver is limited to the presently planned development by H.P. Quade. NOW THEREFORE BE IT FURTHER RESOLVED that the City of Hutchinson encourages the McLeod County Board of Commissioners, affected townships and staff members of the City of Hutchinson to continue their efforts to consolidate and improve the approval process for the development of real estate adjacent to the City of Hutchinson. Dated: February 27, 1996 Attest: • Gary D. Plotz City Administrator CITY OF HUTCHINSON By: Marlin Torgerson, Mayor 4Z A 0 -) 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 RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT BRETT 0. ARNOLD 101 PARK PLACE HUTCHINSON, MINNESOTA 55350.2563 (612) 587 -7575 FAX (612) 587 -4096 1 ALEO ADMITTED IN TUNE AND NEW YORK Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON February 22, 1996 Re: Joint Planning Issues Our File No. 3188 -96316 Dear Gary: Ftt3 2 3 1996 CITY OF HUTC:.A1SON • OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 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 FOR YOUR INFORMATION As you know, the City of Hutchinson has been involved in discussions with townships and county representatives regarding a joint planning arrangement. I believe an agreement has been reached to use Skip Quade's development as a test case and the county is requiring a written waiver from the City of its right to comment on development within two miles of the city limits. I have prepared a resolution to accomplish this task and I have prepared a resolution to that effect. Please place this resolution and this correspondence on the City Council agenda for this coming Tuesday evenings meeting for action. Thank you. Best Very tru ;xS0N ' 1&10V rs ARNOLD, / P. L. L. P. G. Barry Anderson GBA:lm Enclosure CC Jim Marka John Rodeberg Mike Junge _e • • CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION cit O' YOUR INFORMATIOt MEMO DATE: February 14, 1996 TO: Hutchinson City Council FROM: John P. Rodeberg, Director of Engineering RE: Revised Resolutions Adopting Assessment Roll No.'s 300, 301, 302, 302A, 303, 304, 306, 307, 307A, 30713, 309A, 310 and 310A U Due to numerous revisions and delays in sending out final notices, the number of months interest collected with the first installment as noted in the final notices differed from the resolutions adopting the assessments. Therefore, the attached resolultions have been revised, to match the final notices. n LJ 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 f�� oC (612) 587 -2975 Fax(612)234 -4240 - Prmted on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 • RESOLUTION NO. 10636 REVISED RESOLUTION ADOPTING ASSESSMENTS REVISED ASSESSMENT ROLL NO. 300, 301, 303, 304, 306, 307, & 307B WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of: AR -300 Harmony Lane and Lincoln Avenue by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing and appurtenances. AR -301 5th Avenue NE from Bluff Street to Hwy. 15 South by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. Prospect Street NE from Hwy. 7 East to 6th Avenue NE by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. 6th Avenue NE from Bluff Street to East Terminus by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. AR -303 McDonald Drive from Park Island Drive to Barley Street by the construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course and appurtenances; • McDonald Drive from Park Island Drive to Roberts Road and Roberts Road from McDonald Drive to Otter Lake by construction of storm sewer, street restoration and appurtenances; Roberts Road from McDonald Drive to Harvest Street by construction of grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course and appurtenances; AR -304 Campbell Court by construction of bituminous wear course construction and appurtenances; and Schmidtbauers Fourth Addition - Phase 2 (Orchard Avenue, Sherwood Street and Elk Drive) by construction of bituminous wear course construction and appurtenances; and Hunters Ridge Sidewalk/Pedestrian Path by construction of grading and gravel base and appurtenances for future pedestrian path along north side of 8th Avenue; and Sunset Street Adjacent to Century Court from Cleveland Avenue to Century Avenue by construction of grading, gravel base, concrete curb and gutter, storm sewer and bituminous base and wear course and appurtenances. AR -306 TH 22 South from National Guard Armory to South of Wastewater Treatment Facility a Wa HATS Facility Site by construction of sanitary sewer and services, watermain and services, lift station and appurtenances. AR -307& Lots 1 through 9, Outlets A & B, Block 1, Westridge Shores and Lots 1 through 5 in Block 1 and AR -307B Lou 1 through 11 in Block 2, Bridgewater Estates by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, • surfacing and appurtenances. )1 -1,3 () NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of 5,U percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 31, 1995, until the 31st day of December, 1996. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 31st day of October, 1995; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 27th day of February, 1996. • Mayor City Administrator • • RESOLUTION NO. 10637 REVISED RESOLUTION ADOPTING ASSESSMENTS REVISED ASSESSMENT ROLL NO. 302 & 302A WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of: AR -302 & Hayden Avenue, Osgood Avenue and Fischer Street and Lake Street from Roberts Road to AR -302A 2nd Avenue SW and Lewis Avenue from Lake Street to 1000' East and 5th Avenue SW from Dale Street to Fischer Street by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, concrete curb and gutter, bituminous base and surfacing, and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefrtted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of 5AI percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from January 1, 1996, until the 31st day of December, 1996. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. • 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 31st day of October, 1995; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 27th day of February, 1996. Mayor City Administrator • d' (---rO RESOLUTION NO. 10638 REVISED RESOLUTION ADOPTING ASSESSMENTS REVISED ASSESSMENT ROLL NO. 307A & 309A WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of: AR -307A Lots 1 through 5 in Block 1 and Lots 1 through 11 in Block 2, Bridgewater Estates by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, surfacing and appurtenances. AR -309A Bridgewater Estates by construction of sanitary sewer trunk and watermain trunk connection fees and area charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. • 2. Such assessment shall be payable in equal annual installments extending over a period of nine (9) yeah, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 5.12 percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from January 1, 1997, until the 31st day of December, 1997. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. • 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 31st day of October, 1996; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 27th day of February, 1996. Mayor City Administrator • � -R. (5) • RESOLUTION NO. 10639 REVISED RESOLUTION ADOPTING ASSESSMENTS REVISED ASSESSMENT ROLL NO. 310 & 310A WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of 13th Avenue NW in Krsiean Acres a/k/a Lots 1 & 2 of Block 1 and Loa 1 through 3 of Block 2, in Krsiean Acres, by construction of sanitary sewer and services, watermain and services, street restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of La percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 1, 1995, until the 31st day of December, 1996. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 31st day of October, 1995; • and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year to which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 27th day of February, 1996. Mayor City Administrator � 4 (5) C 0 M E M O R A N D U M FROM: Water Billing Departueit Attached is a listing of the delinquent water and sewer accounts for the month of Feb. Recommend service be discontinued on Monday, Mar 4th, 1996 at Noon. 3 -130- 0105 -0406 3- 210 - 0595 -0103 Miles Willhite David Hickle 136 11th Ave NE 595 Adams St Hutchinson MN 55350 Hutchinson MN 55350 136 11th Ave NE 595 Adams St 200.35 135.00 PROMISES 3 -10 -96 CC: Frank Fay 35 Main St N 3- 210 -0105 -0406 Hutchinson MN 55350 Mike Carter PROMISES 3 -8 -96 105 Adams St Hutchinson MN 55350 3 -275- 0486 -0504 105 Adams St Vance Waller 129.51 486 California St CC: Hutch Iron & Metal Hutchinson MN 55350 1130 Arch St SE 486 California St Hutchinson MIN 55350 98.97 PROMISES 1/2 ON 2 -29 -96 1/2 ON 3 -9 -96 3- 275- 0510 -0506 Jason Knacke 3- 210 - 0405 -0102 510 California St Mary Welna Hutchinson MN 55350 405 Adams St 510 California St Hutchinson MN 55350 121.26 405 Adams St 105.76 3- 275- 0605 -0103 CC: Lawrence Wendorff James Goebel 24142 Vista Rd 605 California St Hutchinson MN 55350 Hutchinson MN 55350 605 Caclifornia St 3- 210 - 0551 -0303 139.06 Michael Keeler 551 Adams St 3- 285- 0594 -0202 Hutchinson MN 55350 Deb Bondhus 551 Adams St 594 Carlisle St 168.54 Hutchinson MN 55350 594 Carlisle St 118.30 PROMISES 3 -5 -96 3- 330 - 0237 -0002 3 -535 -0425 -0501 • John Karg Judy Kopesky 15779 200th St Box 606 Hutchinson MN 55350 Hutchinson MN 55350 237 College Ave 425 Huron St 38.89 64.91 CC: Gladys Lambert 546 School Rd SW 3- 655- 0680 -0902 Hutchinson MN 55350 Joseph Jorgenson 680 Lindy La 3- 380 - 0446 -0602 Hutchinson MN 55350 Stephen Voeklel 680 Lindy La 446 Erie St 113.43 Hutchinson MN 55350 446 Erie St 3- 655- 0817 -0501 108.85 Rod Huls PROMISES 3 -4 -96 817 Lindy La Hutchinson MN 55350 3- 435- 0920 -0602 817 Lindy La Jeff Borkenhagen 96.83 920 Golf Course Rd Hutchinson MN 55350 3- 735- 0336 -0101 • 920 Golf Course Rd Dale Schlueter 125.65 336 Monroe St Hutchinson MN 55350 3445- 0315 -0704 336 Monroe St Scott Becker 114.67 315 Griffen Ave PROMISES 3-4 -96 Hutchinson MN 55350 315 Griffen Ave 3- 765 -0810 -0902 60.00 David Laine CC: Gordon Braun 810 Oak St 119 Cornado Ave Hutchinson MN 55350 Los Altos CA 94022 810 Oak St PROMISES 3 -4 -96 117.15 PROMISES 1/2 ON 2 -29 -96 3 -530- 0712 -0201 1/2 ON 3 -7 -96 Vince Jahner 712 Hilltop Dr 3- 795- 0105 -0701 Hutchinson MN 55350 Tom Can 712 Hilltop Dr 105 Pauls Rd 41.03 Hutchinson MN 55350 CC: James Schlagel 105 Pauls Rd • 656 Juul Rd 49.68 Hutchinson MN 55350 PROMISES 3 -1 -96 3- 800 - 0575 -0102 Rodney Markgraf 575 Peterson Cir Hutchinson MN 55350 575 Peterson Cir 197.00 3- 855- 0870 -0701 Todd Uecker 870 School Rd N Hutchinson MN 55350 870 School Rd N 144.69 3- 870 - 07070 -0701 Jeff Hart 707 Shady Ridge Rd Hutchinson MN 55350 707 Shady Ridge Rd 189.57 3- 980 - 1359 -0301 Greg Hanson • 1359 Westwood Rd Hutchinson MN 55350 11359 Westwood Rd 160.20 2 -555- 0520 -0608 Jay Danielowski Rt 2 Box 27 Motley MN 56466 520 Jackson St 54.17 CC: Brandon Fraser 605 Tyler Hutchinson MN 55350 PROMISES 3 -8 -96 40 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, January 16, 1996 l J 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: Roger Gilmer, Dan Prochnow, Glenn Matejka, Bill Arndt, Bill Craig and Chairman Wood. Members absent: Craig Lenz Also present: Brenda Ewing, Planning Coordinator, Jim Marka, Director of Building, Planning and Zoning, John Rodeberg, Director of Engineering, G. Barry Anderson, City Attorney, and Skip Wright, DNR Hydrologist Mr. Craig made a motion to approve the minutes dated December 19, 1996, seconded by Mr. Arndt the motion carried unanimously. a) CONTINUATION OF CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 TO PROHIBIT BOATHOUSES Chairman Wood reopened the hearing at 5:32 p.m. with the reading of publication # 4886 as published in the Hutchinson Leader on Thursday, December 7, 1995- • The request is for the purpose of considering an amendment to the Shoreland Management Ordinance, Sections 2.71 and 5.22 to prohibit boathouses. Director of Building, Planning and Zoning Jim Marka commented on the proposal and introduced Mr. Skip Wright, DNR Area Hydrologist for further explanation of the request to prohibit boathouses along area lakes and rivers. Mr. Wright explained the ordinance and asked Planning Commissioners to remember there was a committee involved in the creation of the ordinance. He stated the standards are the minimum standards and explained the interpretation of allowable water accessory structures. Mr. Wright also commented on the "shore impact zone" and the standards developed for water accessory structures. Discussion followed on the allowable size of the storage buildings and the setbacks. Mr. Wright stated the model ordinance follows State Statutes. There was discussion of the "shore impact zone" and restrictions in the zone. Mr. Wright suggested allowing decks of a certain size, possibly 250 sq. ft., and prohibit boathouses. Discussion followed on the difference between a boathouse and a water accessory structure. Mr. Wright stated if the purpose of the ordinance is to maintain water quality and protect the appearance of the shoreline, he would suggest prohibiting boathouses and allowing only decks. There was discussion on what the City would permit. City Attorney, G. Barry Anderson suggested the commissioners look at cleaning up is the language to permit boathouses or not to permit them and provide distinct descriptions of what is and is not permitted. Discussion followed on the maintenance of the structures along the water. Mr. Arndt , a resident on Otter Lake, stated some of the changes he has seen have been destructive to the shoreline. # —T) HUTCHINSON PLANNING COMMISSION MINUTES JANUARY 16, 1996 He then gave examples of the well meaning construction which over time have been destructive. Mr. Wright suggested he and the city staff meet with the county for consistency of the ordinance. There was discussion on the need to meet with • county officials. Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:07 p.m. Mr. Craig made a motion to close this issue and set a new public hearing for the ordinance amendment with wording to include permitting decks and docks in the "shore impact zone ". The motion was withdrawn. Mr. Craig made a motion to deny the proposed ordinance prohibiting boathouses and return next month with a public hearing to amend the ordinance as discussed reviewing staff recommendations. Seconded by Mr. Matejka, discussion followed on also redefining the language, the motion carried unanimously. a) CONSIDERATION OF STAFF RECOMMENDATIONS REGARDING POND DESIGN CRITERIA FOR HUTCHINSON Director of Engineering, John Rodeberg, commented on his recommendation and explained the reasons for depth regulations as set by N.U.R.P. standards. He suggested changing the depth standards from 10' to 8' and commented on the basin side slopes. Mr. Rodeberg stated the Stor mwater Management Plan reflects the Best Management Practices standards. He commented on the proposal for Huski Addition detention pond and stated he has not heard from Mr. Kohorst of • Sand Properties. Discussion followed on the maintenance of detention ponds. Mr. Rodeberg stated maintenance is required every 20 -25 years. He commented on the design of the pond in Huski Addition and explained the inlet and outlet are to close. Mr. Matejka suggested adding a #6 to include wording so as not to infringe on utility and drainage easements. There was also discussion on adding safety issues to the list. Mr. Rodeberg explained these standards will cross reference the Best Management Practices standards. Mr. Matejka made a motion to approve the Stormwater Detention Ponds Interim Standards with the recommended changes as discussed earlier. Seconded by Mr. Craig the motion carried unanimously. b) CONSIDERATION OF HUSKI ADDITION POND DESIGN Mr. Marka suggested to move forward on the design with review by the Planning Commission when Sand Properties provides the final design. Mr. Craig made a motion to approve the pond design providing it meets the requirements of the Best Management Practices Standards as acted on in the previous item, seconded by Mr. Arndt the motion carried unanimously. Mr. Craig • made a second motion that the final pond design be brought back to the Planning Commission when received and reviewed by staff for final review. Seconded by Mr. Matejka the motion carried unanimously. 2 HUTCHINSON PLANNING COMMISSION MINUTES JANUARY 16, 1996 5. NEW BUSINESS a) CONSIDERATION OF LOT SPLIT REQUESTED BY ERICKSON'S DIVERSIFIED Planning Coordinator Brenda Ewing explained the request by Erickson's Diversified to split 40' from the southerly portion of Lot 2. She stated Coast to Coast will be increasing their lot 40' for remodeling and addition. Mr. Marka commented on staff suggestion for a parking agreement between the two businesses. Mr. Matejka made a motion to approve the request with staff recommendation, seconded by Mr. Gilmer the motion carried unanimously. 87 , M.► • NEW a) Update of Comprehensive Plan Landuse Map and Street System Map Jim Marka commented on the over all format of the Comprehensive Plan and the progress of the process. He stated the final product should be a more functional document. b) Update of Joint Planning Agency Mr. Marka commented on the task force and the process in place to establish a Joint Planning Agency. He stated the Joint Board will act as the Planning Commission on items within the Urban Boundary Area. Jim explained it appears the City will staff the application process, organize the informational meeting and public hearings and follow through with the customer. C) For Your Information - Parkside Resolution Jim Marka explained the resolution. d) Rezoning requested by Roger K. Olson from Agricultural to Residential the plat known as Olson's Country View Subdivision located in Lynn Twp. (2 mile radius) Brenda Ewing explained the plat was approved last month and the rezoning is the next step. Discussion followed on the legality of acting on this item since it was not received in time for the agenda. No action was taken. e) Conditional use permit requested by Patricia Schmidt which relates to operating a beauty salon employing more than one non - resident employee located in Hassan Valley Twp. (2 mile radius) Ms. Ewing explained the county requires a conditional use permit for home occupations employing more than one non - resident employee. No action was taken as the item was received too late for the agenda. Staff was directed to obtain a legal opinion from the City Attorney for clarification of acting on items not placed on the agenda. 7. ADJOURNMENT There being no further business the meeting adjourned at 6:45 p.m. �T*W-OV A� APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE FEE $5.00 r1 LJ Elsewhere? Name of Applicant Duane Hoeschen Address 83 Fifth Avenue NE, Hutchinson, MN 55350 Organizati 2. - .: Address 205 Third A venue SE 3. Location & Time McLeod County Fairgrounds - 4. Date of Dance April 7 1996 5. Band Already Booked 6. Name of Band 7. Have you run dances in Hutchinson before? Yes Signature of Ap icant 8 Recommendation of Chief of Police: z 9. Action of City Council: 10. Fees and Expenses of Police Officer Hired': • *(Payable in Advance) 2/96 � /-G. C. DATE: February 21, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JON AND LINDA SPRENGLER TO CONSTRUCT A LIVESTOCK BUYING STATION LOCATED IN HUTCHINSON TOWNSHIP (2 MILE RADIUS) The Planning Commission recommends approval of the request and also that the County hold an informational meeting for the neighboring property owners prior to the public hearing. • cc: Ed Homan, McLeod County Zoning Administrator cen&n and Linda Sprengler Parks & Recreation • city 111 Hassan Street SE 900 Harrington Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN55350 -3097 (612) 587 -5151 (612) 587 -2975 Far (612) 234 -4240 Fax (612) 234 -4240 - Prwed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 'r ` - -- N 3: O w 1 � 1 ,ueR Z9 i 1 1 _i �� � � L I Wa I 1 � Ln , 1 W ' J CS N ? N C71 1 i .ZNER 4 � 3 AG t14 tiC. \8 . S.00AC.- TII.LEO o SOUT 4►t s 1. 43AC.- T.H. \5 ?,/W 0 (� G.43 AC. TOTAL 2 \ co= h E Co Ln , 1 W J Z z ? N C71 1 i .ZNER = -IR- I �Li3 I 1 I ' W 2 M � O J O ? N ' .ZNER = -IR- � . N 90'00' 00 E - - - - 2.1oac. \N St =c.19 -- 4G5. 79 -- - � I 1. -TS.oO -►1 ,3r I 1 i y O 0 Q 0 0 In SEG 1 NORTt � OF NBA' PROPOSED D.SCREMON Part Of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 29, CL.eod County, Minnesota, described as follows: Bfginnigg at the southwest corner of said Southeast Quarter of Section 18; thence on an assumed bearing pf North 90 degrees 00 mhues 00 seconds East along the South line of said Southeast Quarter 602.04 feet; t#�eru a North 00 degrees 00 minutes 00 SCWWs West 314.26 fat; thence North 90 degrees 00 minutes 00 seconds West 593.16 feet to the West line of said SoudMM Quarter, thence South 00 degrees 32 minutes 21 seconds Wet along said West fine 31417 feet to the gain of besim"or Thile trn rnnfnine d 7l srr�e of I«vi en.i a w.l:. « ...., a n rCO 1 - 00 Tnu irlu% nOLCOO ooulrrr r nA rm. olroo9o910 r. oL HUTCHINSON �rBwP n7 NCRTM Goof.B . rcnc• RANGE 29 e � 1 I.,.. w .�' " fir, . •+� � `•' " WES has lava •� .•r `\.• I..A[..> reoo LARL ` e. r 1 ARL r �7 LL r • r•EI rb! . •�Li e� •aF r �fNA r. fwn 4.p�yPy . *wr- en V is ' fii.ar! � , rA•r.r1 W 7<kr(IfL•Ci '�` ARLe.M IMA � 9� Pit TEN NR[ 70�1�e 1 11941 "w+rr IL IOMA x _ LACK + a[MMLiy A .WLf t� • oppo[[R 9 I Amer •L 1 M f. r• � .. t10r1 . ' ri [ L � TLM _ SrE L '. NN ' R PC R' L. YRJ. •� rm Ll. �'• K Q 1 LLI[ LOet Y .r•' t •aa L �RRL T •1 RlTLm •• LR[C • 4t. r t''R �. • [ " r • riLLLlr A 1" m TI �• r• f T r M A . ' •p•y e tteR w� / e R •. � t� IAL r 1 10.9E K a .i. •• R qucEAA ELL A u4 + . J • Ty ♦ . r • a1lJ..If 1. L.. • }• •�.MH RA ' , Y [br A7rtt Am cva ' X.aw ' I / % • . WCLM , .> L r. 1 •A9G • Va ■ +W �4 . • J C a�SP K. h 1 iL] .R. !].. mC IIDr MY'/i L�1 '� � ' i�m:eL. dR tpA .>.L S.� • LAA ♦ • • twc� �.• a • L LIR T rt.. �. SO • I ' Pr � I KASS" MLLE, 4 » V.GL fl 7'.R r L rc0 1 Tnu 1C•V0 nVLGVV vvvn'1'T JAN- 03 -19% 16105 Fim CITY & FWcf 630 i rnn nv. _olcoo -to -Ilu TO 9- 16129643410 / I KMM M BUTZHO IT_AAMIN r. v+ P. 8"L The main function of this facility is for the holding of market hogs being sold to Bormel Foods in Austin, MN. The hogs will be hold from one to five hours until shipped to 8ormel Processing Plant. The ca of the building will hold 25C hogs at an average weight of 240 pounds. The manure will be handled according to Minnesota Pollution Control Agency Rules and Regulations. Manure Will be injected on field adjoining the buying station property. TOTAL. P.01 J rs ' ...� . ... ,J uY TOTAL. P.01 J J rro- i -oo 'ins icror nVLCVV VWn'1'T A3 s ,f.s r. uo /S f� .SS3so 0 • ee / JAN 1996 rnrs nu. oiroon ;mv iz • • 0 Dear Hutchinson Planning Commission Member, To our best knowledge, on February 20, 1996, the Hutchinson Planning Commission is scheduled to discuss and make their recommendation regarding a proposed application for a market hog holding facility about 2 miles north of Hutchinson on Highway 15 in sections 18 and 19 of Hutchinson Township. We, the undersigned, are NOT in favor of such a structure being built in neighborhood. Reasons for disapproval include, among others: (1) hog manure odor (5) reduced quality of (2) hog squealing life (3) varmints (rats /flies) (6) loss of property (4) traffic congestion value (7) other sites are better suited for this purpose We hope you will strongly consider our negative opinions on this matter when you cast your votes. 1 2, 3. 4. 5. 6. 7. 8. 9. lo Y�� asw o wl 4 - Concerned Citizens Who Live North of Hutchinson • To the Hutchinson Planning Commission Page 2 27. 28. 29. 30. 31. 32. 33. 34. 35. • 36. 37. 38. • Continuation of Signatures of Concerned Residents Living North of the City of Hutchinson February 16. 1996 • Hutchinson Planning Commission: Please be advised that we are the owners of some 125 acres legally described as the South Half of the Northwest Quarter and part of the Southwest Quarter of Section 19. Township 117. Range 29, McLeod County, Minnesota. We are OPPOSED to granting a Conditional Use Permit relating to a holding facility for market hogs to Jon and Linda Sprengeler / Sherman and Katie Field. It is our opinion, as well as the others in the area who have joined this opposition, that the inherent aspects of such a facility, including odors and additional traffic, would detract from our property value and quality of life. Respectfully submitted: Galen K. Jo n Anne M. Johnson • • v c Vil • : _ �� DATE: February 22, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REZONING PROPERTY ALONG HWY 7 WEST FROM ARICULTURAL TO INDUSTRIAL REQUESTED BY GARY AND SHARON DANIELS (ACOMA TWP.) The Hutchinson Planning Commission recommends approval of the request. • cc: Ed Homan, McLeod County Zoning Administrator • Circ 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 -42.40 - Prznted am recvrled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350-2464 (612) 587 -2242 Fax (612) 587 -6427 RECEl V LD FEB 12 1996 STATE OF MINNESOTA southeasterly, parallel with said southwesterly line, a COUNTY OF MCLEOD distance of 550.00 feet to acid CITY OFHUTL,.�:IVSON • NOTICE OF PUBLIC HEARING south Iino; thence easterly, along said south line, to the YOU ARE HEREBY NOTIFIED point of beginning. Also that a regular meeting of the except that part thereof lying McLeod County Planning westerly of a I i na described as Commission will be held on the follows: Commencing at the 28th day of February, 1996, at northwest corner of said 8:30 a.m., in the County Southwest Quarter; thence North Conn issi oners' Room at the 89 degrees 52 minutes 28 Courthouse, Glencoe, Minnesota. seconds East, assumed bearing, THE PURPOSE OF SAID along the north line of said MEETING is to consider the Southwest Quarter a distance of application of Rezoning 792.73 feet to the beginning of heretofore filed with the the line to be described; County Zoning Administrator by thence South 22 degrees 54 Gary R. and Sharon M. Daniels. minutes 50 seconds East a Said application has been distance of 391.67 feet; thence submitted for a Rezoning from South 21 degrees 48 minutes 49 a(n) Agricultural District to seconds East a distance of a(n) Industrial (I -1) District 263.56 feet; thence South 24 to allow a trailer storage lot degrees 15 minutes 20 seconds and warehousing. East a distance of 205.04 feet; THE PREMISES UPON WHICH thence South 34 degrees 35 said Rezoning is anticipated minutes 40 seconds east a and situated in the County of distance of 227.48 feet; thence McLeod and State of Minnesota South 37 degrees 57 minutes 35 is described as follows to wit: seconds East a distance of That part of the N 1/2 of the 427.38 feet to the south l ino SW 1/4 of Sac 34, Acoma Twp, of said N 1/2 of the SW 1/4 and lying southwesterly of the said described line there southwesterly line of the terminating. former right of way of the THIS HEARING will be Minneaota Western Railway hold by the McLeod County Company. Except that part Planning Commission at which • thereof described as beginning time you may appear if you at the intersection of the desire, either In person cr by north line of said SW 1/4 and agent or . attorney, in a i d southwester I y I i he; thence oppos i t i on to or support of the southeasterly along said proposed Rezoning. Thereafter, southwesterly line, a distance the McLeod County Plain ing of 1000.00 feet; thence Commission shall forward its westerly, parallel with aid recommendations to the County north line, too point which is Board of Come i as oners. If you 400.00 feet southwesterly from, desire to appeal the Planning as measured at a right angle Commission's recommendations, to, aid southwesterly right of you Can take your repuest to way line; thence northwesterly, the County Board which has the parallel with said power to overrule the doc ision southwesterly line, to the of thw Planning Commission. north line of aid SW 1/1; theme easterly, along mid DATED THIS 6th DAY OF FEBRUARY, north line, to the point of 1996. beginning, Also except that part thereof described as beginning at the intersection of the south line of said N 112 / `�'� '(._ •= ' ° " Of the SW 1/4 and the Edwin E. 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REQUESTED BY GARY AND SHARON DANIELS The Hutchinson Planning Commission recommends approval of the request. • cc: Ed Homan, McLeod County Zoning Administrator • Cir1 center 111 Hassan Street SE Hutchinson, WN55350.2522 (612) 587 -5151 Fat (6121234-4240 Parks & Recreation 900 Harrington Street SW Hutchinson. ,MA 55350 -3097 (612) 587 -2975 Far(612)234 -4240 - P., nn ....glad pap« - Police Sen ices 10 Franklin Street SW /// Hutchinson, MN 55350 -_ (612) 587 -2242 Fax(612)587 -6427 ,CORRECTED STATE OF MINNESOTA COUNTY OF MCLEOD NOTICE OF PUBLIC REARING YOU ARE HEREBY NOTIFIED that a regular mset,ng of the Mcleod County Board of Adjustment will be hold on the -Il l day of February, 1995, at 0#30 a.m.. in the County Come issioners' Room at the Courthouse, Glencoe, Minnesota. THE PURPOSE OF SAID MEETING is to consider the application for a Variance Permit heretofore filed with the County Zoning Ads ini strator by Gary R. and Sharon M. Danis l s. Said application for a Variance Permit relates to reducing the repui red side yard setback firer_- IS' Orel 'tom yard from 40' to 15 fair construction of a dry storage warehoUee. THE PREMISES UPON WHICH said Variance Is anticipated and situated in the County of McLeod and State of Minnesota is described as follows t0 wit: Late B and 9 of Block Z SachISAI First Addition, in Section 35 of Acoea Township. THIS HEARING will be held by the Mcleod County Board of Adjustment at which time you say appear if YOU desire, either In Person or by agent or attorney, in opposition to or Support of the proposed Variance. DATED THIS 14th DAY OF FEBRUARY, 1996. Edwin E. Nolan McLeod County Zoning Administrator FEB 15 1996 CITY :)F HUTI, ...JSONS A 11 I V` -4' �.1� • � I.�. 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TA ' �f •LY MA rLg r• 7 l _ tt N 08.0 .E GALE • r• .! 3 . 1`' MN LTXN (PAGE 91 TwP • I I r NORTH + i Jed)• n \ i.. HWY 7 (JANUARY 31; 1996 1 I F o 1 l 0 1 ! I 4 + 1 I 4 0 0 o ri o V A • co h PROPOSED DRY STORAGE WAREHOUSE. 9Y: , GARJO AND 9RAFRON DANIELS cob 02 N o � ov n � — �- 10'le �` ol rap o nj`"^s'' -- i C = — CL I a. O►� ��cc� 1 I N I Q � I 1 , s �• 150' x ISo'- !35' e o• m o a o0 1 - il \ 1 b I 1 1 n cob 02 N o � ov n �ID 1{ II 1 ol rap o nj`"^s'' -- i C = — CL I al F Y` •' I 1 , I g - Dry S+aaa,c 150' x ISo'- !35' e o• I I I I I N W 1 +ReInowSt C) 1 f Mad SII I11YQ I I xae N ,do J 1 - il \ 1 b I 1 1 90•rL r o o o c a N \` m 1 1 sl I 1 1 n o � n 1 i CL 90•rL r o o o c a N \` m 1 1 sl I 1 1 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 20. 1996 � FQR YOUR �NfOR119AT;��n.� 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: Roger Gilmer, Dan Prochnow, Glenn Matejka, Bill Amdt, Bill Craig, Craig Lenz and Chairman Wood. Members absent: None. Also present: Brenda Ewing, Planning Coordinator, Jim Marka, Director of Building, Planning and Zoning and G. Barry Anderson, City Attorney. Mr. Matejka made a motion to approve the corrected minutes of the meeting dated January 16, 1996, seconded by Mr. Gilmer the motion carried unanimously. ■ a) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS "SECOND ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT" SUBMITTED BY CITY STAFF Chairman Wood opened the hearing at 5:35 p.m. with the reading of publication # 4893 as published in the Hutchinson Leader on Thursday, February 8, 1996. The request is for the purpose of considering a preliminary and final plat to be known as • "Second Addition to Hutchinson Industrial District" submitted by city staff. Jim Marka, Director of Building, Planning and Zoning, requested the item be continued to the March Planning Commission meeting. He stated there have been some changes to the proposed Impressions, Inc., building which may mean a change in the plat itself. Mr. Lenz made a motion to continue the hearing to the March meeting, seconded by Mr. Craig the motion carried unanimously. • a) UPDATE ON THE HUTCHINSON AREA JOINT PLANNING BOARD Mr. Marka commented on the packet materials regarding the Joint Planning Board and the progress of the implementation of the board. He explained this board would be promoting the "one stop shop" concept in the Urban Boundary District. a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JON SPRENGLER TO CONSTRUCT A LIVESTOCK BUYING STATION LOCATED IN HUTCHINSON TOWNSHIP (2 MILE RADIUS) • Jim Marka commented on the request and the type of transfer station proposed. He explained a conditional use permit is for a permitted use with possible conditions that may have to be met. 1 Hutchinson Planning Commission Minutes February 20, 1996 Mr, Jon Sprengler, owner /developer, explained the use and the type of building he • will construct for Hormel Foods which will replace the buying station on Hwy. 7 West in Hutchinson. Mr. Marka commented on the history of the Hormel area and the city ordinances prohibiting expansion of the present building. Mr. Sprengler commented on the handling of the manure and the MR.C.A. permits required for this type of operation. He stated there will be the same amount of hogs run through the station as presently in town. Brenda Ewing, Planning Coordinator, explained the notification process by the county for public hearings and the requirement of a conditional use permit. She stated the County Board of Commissioners will be the final authority on this issue. Discussion followed on the route through the city. There was also discussion on the fact the present Hormel building cannot be expanded or updated which is why they are seeking a location out of the city. Mr. Craig explained to the audience the City Planning Commission passes their recommendation on to the City Council which in turn passes their recommendation to the County Planning Commission which holds the public hearing. He stated this meeting is not a public hearing. Ms. Nancy Klapotz, neighboring property owner, presented a petition to the planning commissioners in opposition to the request. She explained the make up of the • neighboring property owners and also questioned if this is agricultural or commercial use. Discussion followed regarding this being an issue for the members of the county board. Mr. David Hall, prospective property owner in the area, expressed concerns with the proposal. Jim Marka explained rezoning is not required according to the county ordinances and highway access must go through the Minnesota Dept. of Transportation. Ms. Tammy Loncorich, asked Mr. Sprengler if animals die where and when he disposes of the carcass and also is he assured of acreage to spread the manure. Mr. Sprengler stated the carcasses, if any, are picked up by a rendering company the same day as he calls them. He stated there is no problem with taking care of the manure. Ms. Diane Brenhaug, neighboring property owner across the highway, expressed concern with the accidents on the highway and the increase of traffic onto the highway. She also expressed concern with the value of the properties in the area. Mr. Craig made a motion to approve the request, which was seconded by Mr. Lenz. Mr. Matejka moved to amend the motion to include the recommendation the county hold an informational meeting prior to the county planning commission meeting. Seconded by Mr. Lenz this motion carried unanimously. Chairman Wood called for • the first motion which carried unanimously. Pd Hutchmson Planning Commission Minutes February 20, 1996 • b) DISCUSSION OF REVISED PORTION OF MCLEOD COUNTY ZONING ORDINANCE Brenda Ewing explained city staff concems which include the size and dimensions of industrial and residential lots in the Urban Boundary District. She stated the county board will act on the Joint Planning Board agreement and ordinance. C) CONSIDERATION OF REZONING PROPERTY ALONG HWY 7 WEST FROM AGRICULTURAL TO INDUSTRIAL REQUESTED BY GARY AND SHARON DANIELS ( ACOMA TWP.) Ms. Ewing commented on the location of the request along Hwy 7 West. She stated the property is being rezoned for trailer storage. Mr. Gary Daniels, Daniels Trucking, explained the access to the property and commented on the elevation of the site. Mr. Lenz moved to approve the request, seconded by Mr. Matejka the motion carried unanimously. d) CONSIDERATION OF VARIANCE TO REDUCE SETBACKS FOR STORAGE WAREHOUSE LOCATED IN SECTION 34, ACOMA TWP. REQUESTED BY GARY AND SHARON DANIELS • Brenda Ewing commented on the location of this request which is the present Daniels Trucking site. Ms. Sharon Daniels, Daniels Trucking, explained the variance request for the south and east sides of the proposed buildings. Mr. Matejka made a motion to approve the request, seconded by Mr. Lenz the motion carried unanimously. • •u I 19 02RVAUMIeg a) AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 TO PROHIBIT BOATHOUSES b) AMENDMENT TO ZONING ORDINANCE #464 SECTION 3, MUNICIPAL CODE CHAPTER 11, ADDING DEFINITION OF MASSAGE PARLOR C) AMENDMENT TO ZONING ORDINANCE #464 TO ESTABLISH A NEW ZONING DISTRICT Jim commented on the upcoming public hearings for the planning commission's information. • 3 Hutchinson Planning Commission Minutes February 20, 1996 COMMUNICATION FROM STAFF a) Update of Comprehensive Plan - Sanitary and Stormwater maps and Gas and Electrical boundaries • Mr. Marka commented on the progress of the Comp Plan update and the time lines. b) Update on Word of Life Church status Jim Marka commented on the new location chosen by the church on School Rd South and South Grade Rd. He also commented on the Church of Latter Day Saints location on School Rd. North. C) Review of letter received by Kevin Kohorst, Sand Properties, Minnesota Inc. Jim Marka commented on meetings with Sand Properties. He stated the project is on -hold at this time. Mr. Craig moved to accept the present slate of officers which is Dean Wood as Chairman and Glenn Matejka as Vice Chairman the motion was seconded by Mr. Gilmer. Mr. Craig moved the nominations cease, seconded by Mr. Arndt the nominations ceased and the motion to accept the present slate of officers: Dean Wood, Chairman and Glenn Matejka, Vice Chairman carried unanimously. Discussion followed regarding the city member appointed to the Joint Planning Board. It • is the consensus of the planning commission the appointment is to be made by the Mayor. There being no further business the meeting adjourned at 6:50 p.m. 0 • C DATE: February 22, 1996 TO: Mayor and City Council FROM: Randy DeVries SUBJECT: Out of State Travel I am requesting approval of out of State travel for Dick Nagy and Marion Graham. The purpose of travel is the 4th Annual American Water Works Association Computer Conference on March 6, 1996, in Wausau, Wisconsin. There are no schools or conferences at this time in Minnesota. The cost of this conference is estimated at $270.00 total. This conference • was budgeted for 1996, and I recommend approval. Cin Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 (612) 587 -5151 Hutchinson, MN 55350 -3097 (612) 587 -2975 Hutchinson, MN 55350 -2464 (612) 587 -2242 Far(612)234 -4240 Fax(612)234 -4240 Fat(612)587 -6427 - Primed nn renrled paper r FEB -23 - 96 FRI 11:49 RINKE- NOONnN N0011111M W KE, NOONAN, GAOTC SMOLEY, Dem, coLOANO, IANT, VON KORFF, DEGIOVANNI, AND NOOKS, LTD. ATTORNEYS AT LAW Sude 700 Norw esl CeMrr Box 1497 SI. Clad, MN 56302 f612)257-5700 Pax: (612) 656.3500 February 23, 1996 D. MicraelNoonan Mr. G, Barry Anderson Gerod R. Grote Arnold, Anderson & Dove 101 Park Place Kr4am A. SmdkyI Hutchinson, MN 55350 -2563 Kurt A 0#W Barren L. Colombo James. L Wwd •ab W. Von Kan James Deylplarag FrH K. 6126563500 P.02/06 J FEB 2 619W CITY OF HW L,. iASON U SENT VIA US i1gAM AND FAX NO. (612)587 -4096 Re: Your File No. 3244 -95079 Our File No. 08101.011 Dear Barry: (z� 4", P10 Enclosed by fax with the original to follow, is the pruposed Right of First Refusal, Da J. Moyat- The Purchase Agreement you sent to us with your February 8, 1996 letter appears to be in proper form. I am unable to verify the legal description, but it appears Donn J. Meuors generally to be correct. I suggest that we both agree to modify the legal Row C. Justin- description, if necessary, based upon the survey the City is undertaking. John J. Babcock Also enclosed only with the original is the dbstract for the property and a copy of JidA ar*el the August 19, 1993 Title Opinion prepared by our office. The Title Opinion is sent only for information purposes and should not be relied upon by the City. The ryas. L"Aer° Title Opinion was prepared solely for Simonson Properties, and no other party, Gary R. LeWko including the City, should make any reliance on the Title Opinion. Nora L. Klaphako The Title Opinion states that title is vested in the Christine Simonson Revocable Roeeenn T, Coors Trust. I believe that subsequent to the Title Opinion, that the Trust conveyed the property to Simonson Lumber of Hutchinsion, Inc. Orrin Y Rieke C0u "" Also enclosed is a proposed letter on the condemnation issue. I request that you have the letter placed on your !etterhead, sign it and return it to me. 1 ni'y l� Mn. LY[i{Oyau ■. -\%AVi J1 >1.0:: \iea{aA.� � ///""711 MlYlp`pV SIOU YY.V(OLi{MI' �M./MI M F Tp [w II /i NkWM, �b'M'fti" IO Wi1(y yw' +. 4nrn Over{ 1 IIV� VILV.IU...IUV I VJ /VV Mr. G. Barry Anderson February 23, 1996 Page 2 T propose that we set thn closing for 3:U0 p.m, O'clock in your office on February 29. Please let me know if this is acceptable. Very truly yours, RINKE- NOONAN B David J. Meyers DWtr Enclosures cc: Stephen Hobbs SSNT CERTIFIED MAIL RETURN RECEIPT REQUESTED r1 U • ,,,,.T • ' FE6 -23 -96 FRI 11 49 0 RINKE - NOONAN FAX NO. 6126563500 P,04/06 RIGHT OF FIRST REFUSAL This agreement was made on February 29, 1996 between the City of Hutchinson, I Minnesota municipal corporation (Hutchinson) and Simonson Lumber of Hutchinson, Inc. (Simonson). RECITALS A Simonson and Hutchinson have entered into a purchase agreement under which Simonson has agreed to sell the Last 20 feet of its yard located in Hutchinson, to the City of Hutchinson. B. As a condition of that sale, Hutchinson has agreed to grant Simonson a Right of First Refusal on the triangle portion of propemv located in McLeod County, Minnesota, adjacent to the Simonson yard in Hutchinson, legally described as follows: All that part of Block Forty-five (45), North Half of Hutchinson, lying west of a line beginning at a point on the North Line of Lot Seven (7), in said Block Forty -five (45), thence a distance of 20 feet Fast of the Northwest Quarter (NW%) thereof, thence Southeasterly in a straight line to a point on the South Line of Lot Bight (8), in said Block Forty -five • (45), a distant 28 feet West of the Southeast corner thereof and there t erminatin g. (Property) Therefore, as pan of the consideration for the above described sale, and other good and valuable consideration, the parties agree as follows: This Right of First Refusal runs to Simonson, its successors and assigns, In the event Hutchinson receives a bonafide offer from any person to purchase the Property, Hutchinson shall notify Simonson in writing, of the offer. Simonson shall then have 90 days from the receipt of notice of the offer to exercise this Right of First Refusal. Upon receipt of the notice, Simonson shall have the option to purchase the property at the real estate assessed value from the previous calendar year. The purchase price shall be paid in cash, and the closing shall take place at a time and place agreeable to the parties. 4. If Simonson does not elect to purchase the Property within the time period set forth above, the City shall be free to sell the Property to the original party making the offer to purchase. • 5. At closing, the City shall deliver to Simonson a Warranty Deed, an updated Abstract of Title, Deed Tax, and any other documents reasonably required by Simonson. C.23% , FEB -23 -96 FR1 11:50 R1NKE- NOONAN FAX NO. 6126563500 P.05 /06 1 6. All notices under this Right of First Refusal shall be given in writing to the following: I . If to Hutchinson: City Of Hutchinson Hutchinson City Center i I 1 Hassan Street SE Hutchinson, kI2 55305 with a copy to: G. Barry Anderson Arnold, Anderson and Dove, PLLP 101 Park Place Hutchinson, MN 55305 2. If to Simonson: Simonson Lumber of Hutchinson, Inc, 259 First Avenue hE Hutchinson, MN 55305 with a copy to: David I. Meyers Rinke-Noonan Law Firm Suite 700, Norwest Center P.O. Box 1497 St. Cloud, MN 56302 • CITY OF 11UTCEIINSON By Its STATE OF M1NNrF -SOTA ) SS COUNTY OF MCLEOD ) On this _ day of Febnmry, 1996, before me, a Notary Public within and for said County, personally appeared to me personally known, who, being by me duly sworn did say that he is the City Administrator of the City of Hutchinson, a Minnesuta Municipal Corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrument to be the tree act and deed of said corporation. THIS INSTRUMENT DRAFTED BY: Notary Public RINKE- NOO1;Aiv/D]M 700 Norwest Center P.O. Rox1497 St. Cloud, &IN 56302 (612) 251 -6700 0 Q:.,� r ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP 0 ATTORNEYS AT LAW ALSO ADMITTED IN TEXAS AN. NEw Yang Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 RE: Simonsons Project Dear Gary: FEB 2 3 1996 CITY OF HU?C - ..IV8ON OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX 1612138( -5506 FOR YOUR INFORMATION • I am enclosing herewith a revised a reement to be included in the council packet relating to the S monsons Property. I am expecting from attorney David Meyers a written right of first refusal which should be approved by the council at the same time the enclosed document is also approved. I anticipate that any changes that Attorney Meyers desires in the document will be minor since both he and I expect this to be the final draft of the agreement. Thank you. Best regards. Very truly yours, ANDERON & DOVE, PLLP G. Barry Anderson GBA:jm enc. • February 22, 1996 `CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 9 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 101 PARK PLACE DAVID B. ARNOLD HUTCHINSON, MINNESOTA 553502563 STEVEN A. ANDERSON G. BARRY ANDERSON" (612) 587 -7575 LAURA K. FRETLAND FAX (612) 557 -4096 DAVID A. BRUEGGEMANN PAUL D. DOVE" RESIDENT ATTORNEY RICHARD G. McGEE G. BARRY ANDERSON CATHRYN O. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITTED IN TEXAS AN. NEw Yang Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 RE: Simonsons Project Dear Gary: FEB 2 3 1996 CITY OF HU?C - ..IV8ON OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX 1612138( -5506 FOR YOUR INFORMATION • I am enclosing herewith a revised a reement to be included in the council packet relating to the S monsons Property. I am expecting from attorney David Meyers a written right of first refusal which should be approved by the council at the same time the enclosed document is also approved. I anticipate that any changes that Attorney Meyers desires in the document will be minor since both he and I expect this to be the final draft of the agreement. Thank you. Best regards. Very truly yours, ANDERON & DOVE, PLLP G. Barry Anderson GBA:jm enc. • February 22, 1996 `CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 9 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION . SITE PURCHASE AGREEMENT THIS AGREEMENT, made this day of February, 1996, by and between Simonson Lumber of Hutchinson, Inc., ( "Simonson ") a Minnesota corporation and the City of Hutchinson, ( "Hutchinson ") a Minnesota municipal corporation. RECITALS: 1. Hutchinson desires to purchase a parcel of real estate described as set forth in paragraph 1 hereof, for the purpose of constructing, operating and maintaining a bridge across the south fork of the Crow River; and 2. Said parcel is adjacent to right of way which both parties acknowledge is already owned by Hutchinson and known as the Bluff Street right of way and is shown on the plat of the City of • Hutchinson, North Half, McLeod County, Minnesota; and 3. Simonson has agreed to sell such real estate to Hutchinson pursuant to the terms and conditions of this agreement; and 4. Both parties are represented by counsel who have discussed the sale and acquisition of this property with their respective clients and both parties enter into this Agreement with full knowledge of their rights and obligations under Minnesota law. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt, value and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purchase of Real Estate Hutchinson agrees to purchase, and Simonson agrees to sell a parcel of real estate legally • described as follows: -1- F' , The east 20 feet of the following described parcel as measured at a right angle to the westerly right of way line of Bluff • Street as shown on the plat of the NORTH HALF OF HUTCHINSON All of Block 45, NORTH HALF OF HUTCHINSON, according to the plat on file in the office of the County Recorder, McLeod County, Minnesota, except that part of Lot 7 and 8, of said Block 45 lying west of the following described line: Beginning at a point on the north line of said Lot 7 a distance of 20 feet east of the northwest corner thereof; thence southeasterly in a straight line to a point on the south line of said Lot 8, distant 28 feet west of the southeast corner thereof and said line there terminating. Also except that part taken for railroad. Hutchinson shall cause, at Hutchinson's sole expense, a survey to be made of the real estate by a registered land surveyor, verifying the location, description and quantity of the property, depicting the location of easements, public streets, encroachments and improvements on or abutting the property. Said survey is attached and marked as Exhibit "1" 2. Purchase Price The purchase price for the property shall • be the sum of One Hundred Seventy -five Thousand and no /100 Dollars ($175,000.00), with the entire purchase price to be paid at closing. Simonson shall be responsible for any and all soil correction costs related to the site, save and except Hutchinson's responsibility for pollution on the site. 3. Hutchinson's Contingencies The obligations of Hutchinson hereunder are subject to the following contingencies, the satisfaction of each of which is a material condition precedent to the obligations of Hutchinson hereunder: A. An environmental survey and assessment, prepared and paid for by Hutchinson, must demonstrate that the Property is free of any and all hazardous or toxic substances, material or waste. The term "hazardous or toxic substances, material or waste" means any substance that is toxic, ignitable, explosive, reactive or corrosive or -2- • otherwise defined as hazardous and that is regulated by • the City of Hutchinson, the County of McLeod, the State of Minnesota, or the United States government and that exceeds the levels of regulatory tolerance including, but not limited to substances regulated by or under the Federal Water Pollution Control Act (33 U.S.C. 51321 et sea. the Federal Clean Air Act (42 U.S.C. §7401 et sea.) , the Federal Resource Conservation and Recovery Act (42 U.S.C. §6901 et sea. the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S. C. §9601 et sea. the Toxic Substance Control Act (15 U.S. C. §2601 et sea. or under the Solid Waste disposal Act (42. U.S.C. §691 et sea. petroleum or its derivatives and products, asbestos or polychlorinated biphenyls (PCBs) . Simonson hereby grants Hutchinson, its successors and assigns and their agents and employees, permission to enter upon the Property to conduct an environmental survey and assessment. B. The approval of the condition of title to the property by Hutchinson either in the form of a title insurance commitment or an attorney's title opinion, with the cost of all title insurance or attorney's fees to be borne by Hutchinson. Simonson shall provide an updated Abstract to the property with all of the usual and customary searches. • C. The approval of this Agreement by the Hutchinson City Council. 4. Waiver of Contingencies All contingencies of Hutchinson, except with respect to the title to the property (which shall not be waived or availed of until closing), shall be waived or availed of by Hutchinson on or before February 29, 1996. Any contingency not availed of by Hutchinson by that date shall be deemed waived. An election by Hutchinson to close this transaction contemplated by this Agreement shall be considered a waiver by Hutchinson of all contingencies other than those contingencies relating to title. . 5. Conveyance The conveyance to Hutchinson shall be by good -3- and sufficient warranty deed, free and clear of all liens and encumbrances. Simonson shall demolish and remove all improvements • to the site, including foundations, if any, but shall not be required to do any grading or to provide any fill. Hutchinson further agrees to fill and grade Simonson's property, as requested by Simonson, with soils reasonably comparable to the existing soils, all to Simonson's satisfaction in the area acquired by Hutchinson. Simonson shall be given an opportunity to inspect fill to be deposited on site and if Simonson does not object to the deposit of said fill, this condition requiring Simonson's satisfaction shall be deemed waived. Hutchinson shall have no responsibility for finish grading or providing any other grading services save and except the requirement that the fill be deposited and the site level. Simonson shall retain ownership of the salvage in legal • and sell or dispose of the salvage any manner and shall retain any proceeds from the disposition thereof. 5A. Assessments and Taxes Hutchinson agrees that Simonson shall not be assessed for any of the improvement and /or work performed by Hutchinson in connection with the construction and /or change of the intersection on the roadways adjacent to Simonson's property. Other assessments, if any, as well as real estate taxes due and payable in the year of closing shall be pro rated to the date of closing. Each party shall be responsible for assessments and taxes payable in subsequent years. 6. Title Defects If Hutchinson gives Simonson notice of any • -4- • title defects within fifteen (15) days after receipt of the title policy commitment or the attorney's title opinion which are not acceptable to Hutchinson or if the commitment does not contain the extended coverage endorsement, Simonson shall use its best efforts to cure such defects. If any such defects are not cured by the date of closing, Hutchinson may terminate this Agreement. In the event of such termination, all parties shall be relieved of all obligations hereunder. 7. Brokerage Matters Hutchinson and Simonson each warrant and represent to each other that it has used no brokers in this transaction and each agrees to save, indemnify and hold harmless the other from and against any and all claims, costs, expenses, finders fees, liabilities and obligations of every nature, kind and • description from brokerage services from any person, firm corporation, partnership or other entity claiming entitlement to fees, commissions, compensation or expenses from brokerage services performed by or on behalf of Hutchinson or Simonson in connection with this transaction. 8. Closing Date This transaction shall be closed on or before February 29, 1996 at the offices of Arnold, Anderson & Dove, PLLP, 101 Park Place, Hutchinson, Mn. 55350. 9. Default If either party defaults under this Agreement, the other party shall be entitled to all remedies available under law or equity, including but not limited to specific performance (if Simonson defaults) or an action for damages (if Hutchinson defaults). • 10. Waiver of Relocation Payments Both parties have -5- considered the right to relocation benefits under state and federal law in arriving at the negotiated price for the acquisition of the • real estate and, in consideration of the purchase price set forth above, Simonson agrees to waive all relocation payments Simonson will be entitled to under either federal law or state law, or by virtue of any other authority, and further agrees to waive any and all damages, benefits or payments that would otherwise accrue to Simonson in the context of a condemnation action or a threatened condemnation action as provided by Chapter 117 of Minnesota Statutes or as provided by virtue of any other law. 11. Grant of Temporary Construction Easement Simonson agrees to grant to Hutchinson a temporary construction easement for the purpose of facilitating the construction of the bridge and related improvements. Hutchinson agrees to restore the property to the approximate condition prevailing at the time of the execution • of this Agreement unless otherwise agreed to, in writing, by the parties. The easement will expire, without further action by any party on December 31, 1997. The temporary construction easement will include the real property described on Exhibit 1. 12. Date of occupancy. Simonson may remain in possession of the property until February 29, 1996. Simonson shall have removed or demolished from the site all improvements, including foundations as required under paragraph 7 of this agreement, no later than March 30, 1996. 13. Miscellaneous '=S • • A. Execution by All Parties in Counterparts This Agreement shall not become effective and binding until executed by all parties. This Agreement may be executed in two (2) or more counterparts, each which shall be deemed an original and all of which shall constitute a single instrument, and the signature of any party to any counterpart shall be deemed a signature to and may be appended to any other counterpart. B. Notice. All notices, demands and /or consents provided for in this Agreement shall be in writing and shall be deemed given when delivered to the parties hereto by hand or by United States registered or certified mail, return receipt requested, with postage prepaid. All such notices and communications shall be deemed to have been served on the date when mailed. All notices • and communications shall be addressed to the parties hereto at the respective addresses set forth below: 1. If to Hutchinson: City of Hutchinson Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 With a Copy to: G. Barry Anderson Arnold, Anderson & Dove, PLLP 101 Park Place Hutchinson, Mn. 55350 2. If to Simonson: Simonson Lumber of Hutchinson, Inc. 295 First Avenue N.E. Hutchinson, Mn. 55350 With a Copy to: David Meyers Rinke- Noonan Suite 700 Norwest Center P.O. Box 1497 St. Cloud, Mn. 56302 • C. Governing Law This Agreement shall be governed by and -7- construed in accordance with the laws of the State of Minnesota. D. Cooperation Each of the parties agrees to cooperate with • the other in effecting the purposes of this Agreement. Without limiting the generality of the foregoing, Simonson agrees to cooperate with Hutchinson in submitting applications for permits consistent with the terms of this Agreement. E. Assignment Neither Hutchinson nor Simonson shall have the right to assign this Agreement or any of the rights or obligations hereunder without obtaining the prior written consent of the other party. F. Successors and Assigns This Agreement shall apply to, inure to the benefit of, and be binding upon and enforceable against the parties hereto and their respective successors and assigns. G. Paragraph Headings The headings inserted at the • beginning of each paragraph are for convenience of reference only and shall not limit or otherwise affect or be used in the construction of any of the terms or provisions hereof. H. Entire Agreement This Agreement contains all of the agreements, terms, covenants, conditions, warranties, and representations made or entered into by and between the parties, and supersedes all prior discussions and agreements, whether written or oral, between the parties and constitutes the sole and entire agreement between the parties with respect thereto. This Agreement may not be modified or amended unless such modification or amendment is set forth in writing and executed by all parties hereto. am • • 17. Permits. Hutchinson agrees to give all reasonable assistance to Simonson in obtaining building permits, side plan approval and other approvals from all government entities to allow Simonson to reconstruct facilities on its property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. SIMONSON LUMBER OF HUTCHINSON, INC. By: Its: By: Its: • CITY OF HUTCHINSON By: Its: By: Its: STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of February, 1996, before me a Notary Public, personally came before me the and the of Simonson Lumber of Hutchinson, Inc., a Minnesota corporation, to me known to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument on behalf of said corporation. Notary Public • STATE OF MINNESOTA) SD ) SS. COUNTY OF McLEOD ) • On this day of February, 1996, before me a Notary Public, personally came before me Marlin Torgerson, the Mayor and Gary D. Plotz, City Administrator for the City of Hutchinson, a Minnesota municipal corporation, to be known to be the persons who executed the foregoing instrument and acknowledge that they executed the foregoing instrument on behalf of said municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 Telephone (612- 587 -7575) Attorney I.D. No. 196X 0 -10- 0 ' FEB - 23 - 96 FRI 11 49 RINKE - NOONAN JUME W N N N NOONAN, MOTU, SMOLEY, DETER, COLOMBO, ANA VON KORFF, DEGIOVANNI, AND NODHS, LTD. ATTORNEYS AT LAW Suds 700 N0fW*9 Center Box 1497 St. Cloud. A4M 56302 o6121257-5700 fax: (612) 656 -3500 February 23, 1996 D. M*C m Noonan Mr. G, Barry Anderson Gerald R. Grote Arnold, Anderson & Dove 101 Park Place W4omA. smoley Hutchinson, NIN 55350 -2563 KUrt A. Dolor Barren L. Colombo James. L W W O W. Wn KorM James D"Ova" t FAX NO, 6126563500 P. 02/06 FEB 2 61996: CITY OF HU "i i;: NSON 144 d o�N �J SENT VIA US iiNLkM AND FAX NO, (612)587 -4096 (�i /1 Re: Your File No. 3244 -95079 LI i Our File No. 08101.011 r P) Dear Barry: Enclosed by fax with the original to follow, is the proposed Right of First Refusal. D„haJ Moyon� The Purchase Agreement you sent to us with your February 8, 1996 letter appears to be in proper form. I am unable to verify the legal description, but It appears John J. Afeuers generally to be correct. I suggest that we both agree to modify the legal Row C. Justin description, if necessary, based upon the survey the City is undertaking. John J. eabwct Also enclosed only with the original is the abstract for the property and a copy of "A. Flnpert the August 19, 1993 Title Opinion prepared by our office. The Title Opinion is sent only for information purposes and should not be relied upon by the City. The p6rs. rcruner' Title Opinion was prepared solely for Simonsen Properties, and no other party, Gary R. Leaticv including the City, should make any reliance on the Title Opinion. Nore L. Klaphake The Title Opinion states that title is vested in the Christine Simonson Revocable Rcseann T. coons Trust. I believe that subsequent to the Title Opinion, that the Trust conveyed the property to Simonson Lumber of Hutchinson, Inc. Omn V Rx*6 Also enclosed is a proposed letter on the condemnation issue. I request that you have the letter placed on your letterhead, sign it and return it to me. 2 n'a w.r..a :. .u. - -...r a 21 f 1 couwj,.r r: \xl. - 01.013 %"-"A. �k AF� SM sr A� �A/w.MI • I�MPU. <w .1 M`aL4yX1 'AwtYi(, b Yr.1y'y 1M a No!n Oww. 1!\ IlV• VILVV VV VVV 1.VJ /VV Mr. G, Barry Anderson February 23, 1996 Page 2 I propose that we set tLe closing for 3:OU p.m. o'clock in your office on February 29. Please let me know if this is acceptable. Very truly yours, RINKE- NOONAN By O David J. Meyers DWtr Enclosures cc: Stephen Hobbs SMT CERTIFIED MAIL RETURN RECEIPT REQUESTED L J • FEE - 23 -96 FRI 11 49 0 RINKE- NOONAN FAX NO. 6126563500 P.04/06 RIGHT OF FIRST REFUSAL This agreement was made on February 29, 1996 between the City of Hutchinson, a XImnesota municipal corporation (Hutchinson) and Simonson Lumber of Hutchinson, Inc. (Simonson). RECITALS A. Simonson and Hutchinson have entered into a purchase agreement under which Simonson has agreed to sell the Last 20 feet of its yard located in Hutchinson, to the City of Hutchinson. B. As a condition of that sale, Hutchinson has agreed to grant Simonson a Right of First Refusal on the triangle portion of property located in McLeod Co Minnesota, adjacent to the Simonson yard in Hutchinson, legally described as follows: All that pan of Block Forty -five (45), North Half of Hutchinson, lying west of a line beginning at a point on the North Line of Lot Seven (7), in said Block Forty-five (45), thence a distance of 20 feet Fast of the Northwest Quarter (NWT /.) thereof, thence Southeasterly in a straight line to a point on the South Line of Lot Eight (8), in said Block Forty -five • (45), a distant 28 feet West of the Southeast comer thereof and there terminating. (Property) Therefore, as part of the consideration for the above described sale, and other good and valuable consideration, the parties agree as follows: This Right of First Refusal nuns to Simonson, its successors and assigns. 2. In the event Hutchinson receives a bonafide offer fium any person to purchase the Property, Hutchinson shall notify Simonson in writing, of the offer. Simonson shall then have 90 days from the receipt of notice of the offer to exercise this Right of First Refusal. Upon receipt of the notice, Simonson shall have the option to purchase the property at the real estate assessed value from the previous calendar year. The purchase price shall be paid in cash, and the closing shall take place at a time and place agreeable to the parties. 4. If Simonson does not elect to purchase the Property within the time period set forth above, the City shall be free to sell the Property to the original party making the offer to purchase. 5. At closing, the City shall deliver W Simonson a Warranty Deed, an updated Abstract of Title, Deed Tax, and any other documents reasonably required by Simonson- a:�lsa FEB -23 -96 FRI 11:50 RINKE- NOONAN FAX NO. 6126563500 P. 05/06 • 6. All notices under this following: Right of ]First Refusal shrill be given in writing to the I If to Hutchinson: City of Hutchinson Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55305 with a copy to: G. Barry ,Anderson Arnold, Anderson and Dove, PLLP 101 Park Place Hutchinson, MN 55305 2. If to Simonson: Simonson Lumber of Hutchinson, Inc. 259 First Avenue NE Hutchinson, k1N 55305 with a copy to: David J. Meyers Rinke- Noonan Law Firm Suite 700, Norwest Center P.O. Box 1497 St. Cloud, \L'V 56302 • CITY OF IIUTCI3INSON By Its STATE OF MINNFSOTA ) SS COUNTY OF MCLEOD ) On this _ day of February, 1996, before me, a Notary Public within and for said County, personally appeared to me personally known, who, being by me duly sworn did say that he is the City Administrator of the City of Hutchinson, a Miinnesuta Municipal Corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said corporation. THIS INSTRUMENT DRAFTED BY: Notary Public RTNKE- N 700 Norwest Center P.O. Box 1497 St, Cloud, MN 56302 (612) 251 -6700 �,T Ftb - 23 - 1796 ll -_,9 FROPI I • b&eddey Risk Services, Inc. MEMORANDUM DATE: February 23, 1996 TO: City Council, City of Hutchinson FROM: Mark T. Flaten - Berkley Risk Services, Inc. Dennis Potter - Insurance Planners SUBJECT: Health Benefit Plan Changes '91612c�99240 P. Ulf The following is the required benefit changes as mandated by the Minnesota Legislature. The law states: Minnesota Statutes requires a statutory or home rule charter city, ... may self Insure for any employee health benefits... Any seB insurance plan shell provide all benefits which are required by law to be provided by group health insurance panicles. The Legislature has mandated additional benefits be implemented in the City's benefit plan. The following • is our recommendation for incorporating these benefits effective March 1, 19%. 1. Mental Health, Chemical Dependency and Chiropractic treatment In- Network will be at the same level as any other illness (cumentty these benefits are limited). 2. Incorporate a managed care service for In/Out-of-Network for Mental Health and Chemical Dependency; and in-Network for Chiropractic treatment Other cost containment changes we suggesting which are outside of the mandates, but will reduce costs without adversely affecting the quality of pre of the employees are: 1. Replace Pharmaceutical Card Service (PCS) retail drug vendor with Pharmacy Gold. The resulting savings are 2.6% reduction in drug costs. reduced adndnistratlon and dispensing fees. 2. Incorporate a mail order drug program with the same oopayment as the retail vendor program and expand supply from 31 days to 100 days. The estimated savings are 31 % reduced drug costs over retail pharmacy costs. Other changes will also be made that are technical compliance issues that do not have a material effect • on the plan. QU second ,ivt:nx %%ined-,*l ._ %Yr e« a 4 W2-7U23 • 151213 (-4 e Fax 16121 3?t 42x 9 (/ A %rir'; o! I'r:•kie; P —. ltr.:.,_Srg:N 4.r.6 c, I,. C. February 23, 1996 MEMO Mark Flaten, Berkley Risk Services, and Dennis Potter, Insurance Planners, will be in attendance Tuesday night to outline plan changes to our health insurance program. All details have been completed and are now ready for council approval. • Attached is a summary of benefit changes which are driven by the City's need to bring us into compliance with state law. The heavy outlined comparisons are the changes being presented. (Prescription drug, chiropractic, chemical decendency, and nervous disorders). doc \COMFM13 • City Center Parks & Recreation Police Services 1l1 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN55350 -2522 (612) 587 -5151 Hutchinson, M.Y55350 -3097 (612) 587 -2975 �—� Hutchinson, MN55350 -2464 (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 CCCIII ' Fax(612)587 -6427 - Primed on recycled paper - 0 0 0 CM OF HLJMMSON BENFFFr COMPARISON i r �i i 1 BENEFITS PRIORTO JANUARY 1,196 BENEFITS AFTER 7 iu � r 2J JANUARY 1,19% Beneflt Provision IN NETWORK NON - NETWORK IN NETWORK NON - NETWORK Deductible Amount, each $150 Individual; $150 Individual; $150 Individual; $150 Individual; Calendar Year 5300 Family Aggregate $300 Family Aggregate $300 Family Aggregate 5300 Family Aggregate Covered Percentage per 80% of eligible expenses 60% of eligible expenses 80% of eligible expenses 60% of eligible expenses Person per Calendar up to the out -of - pocket up to the out -of- pocket up to the out -of- pocket up to the out-of-pocket Year, Following maximum of $5S0 for an maximum of $1,000 for an maximum of $550 for an maximum of $1,000 for an Deductible individual, or $1,100 for individual, or $2,{100 for individual, or $1,100 for individual, or $2,= for a family each Calendar a family each Calendar a family each Calendar a family each Calendar Year, then 100% for the Year, then 10096 for the Year, then 100% for the Year, then 100% for the balance of that Calendar balance of that Calendar balance of that Calendar balance of that Calendar Year Year Year Year Inpatient Hospital 8M% following deductible 60% following deductible 80% following deductible 60% following deductible Services to maximum of 365 days to maximum of 365 days to maximum of 365 days to maximum of 365 days per Maims" pereanbrox s peraontenwus per continuous confinement. All confinement All confinement. All confinement. All admission must be admissions must be admissions must be admissions must be precertifred. precertified. precertified. precertified. Outpatient Hospital Services 80% following deductible W% following deductible 80% following deductible 60% following deductible 1 0 0 0 Benefit Provision IN- NETWORK NON- NETWORK IN- NETWORK NON-NETWORK Preadmission Required on all inpatient Required on all inpatient Required on all inpatient Required on all inpatient Notification admissions_ Failure to admissions. Failure to admissions. Failure to admissions. Failure to prenotify the admission prenotify the admission prenotify the admission prenotify the admissio results in an additional results in an additional insults in an additional results in an additional penalty copayment of penalty copayment of penalty copayment of penalty copayment of 5500 per admission. 5500 per admission. $500 per admictinn 5500 per admission. Select Care provides Select Care providers Care Delivery obtain preadmission obtain preadmission Management; Inc notification for you. rtofi &cation for you. (CDMI) will provide Care Delivery preadmission Management; Inc notification services for (CDMI) will provide inpatient chemical preadmission dependency and notification services for inpatient mental health inpatient chemical admissions. dependency and inpatient mental health admissions_ Prior Authorization Required on all home Required on all home Required on all home Required on all home health care visits. health care visits. health care visits. health tare visits. Failure to prenotify the Failure to prenotify the Failure to prenotify the Failure to prenotify the visits results in an visits results in an visits results in an visits results in an additional penalty of additional penalty of additional penalty of additional penalty of $ 500. Select Care $500. Sled Care 5500. Select Care M. Select Care providers obtain prior providers obtain prior providers obtain prior providers obtain prior authorization for you, authorization for you. authorization for you. authorization for you. Outpatient mental Outpatient mental health, outpatient health and outpatient chemical dependency, chemical dependency and chiropractic care cane creeds to be prior needs to be prior authorized through authorized through CDNM CDMI. • • C7 Benefit Provision IN-NETWORK N N-NE RK IN-NETWORK NON41ETWORK Skilled Nursing Facility 8D% "owing deductible 60% following deductible M% following deductible 60% following deductible Coverage to maximum of 100 days to maximum of 100 days to maximum of 100 days to maximum of 100 days per Calendar Year per Calendar Year per Calendar Year per Calendar Year Prescription Drug Coverage -Formulary Drugs $750 copayment per $750 copayment per $750 copayment per $750 copayment per prescription; prescription; prescription; prescription; *Non- Formulary Drugs $10.00 copayment per $10.00 copayment per $10.00 copayment per $10.00 copayment per prescription prescription prescription prescription Press ipdon drug out-of- Prescription drug out-of- pocket maximum of $500 pocket maximum of 5500 per Calendar Year is a per Calendar Year is a separate out -of - pocket separate out-of- pocket maximuiarL maximum. Chiropractic Care Subject to separate $200 Subject to separate $200 809'6 following deductible Subject to separate $200 deductible, then deductible, then deductibl4 then coverage is provided at coverage is provided at coverage is provided at 8096 of eligible expenses 60% of eligible expenses 60% of eligible expenses subject to maximum of 15 subject io maximum of 15 subject to maximum of 15 visits per Calendar Year visits per Calendar Year A MAP44gp C.Vtl= visits per Calendar Year PROrrREK Home Health Care 80% following 60% following 8D% following 66% following deductible- Subject to deductible. Subject to deductible Subject to deductible. Subject to maximum of 100 visits maximum of 100 visits maximum of 100 visits maximum of 100 visits per Calendar Year. All per Calendar Year. All per Calendar Year. All per Calendar Year. All rare must be prior care must be prior rare must be prior care must be prior authorized in advance by authorized in advance by authorized in advance by authorized in advance by Select Care. Each visit Select Care. Each visit Select Cate Each visit Select Care. Each visit Of up to four hours is of up b four }ours is of up to four hours is of up to four hours is considered one visit considered one visit considered one visit considered one visit 3 Benefit Provision IN- NETWORK NON - NETWORK IN- NETWORK NON - NETWORK Physician Services 80% following deductible 60% following deductible W% following deductible 60% following deductible Routine and Preventive 8096 following deductible 60% following deductible 80% following deductible 60% following deductible Care for one routine physical for one routine physical for one routine physical for one routine physical exam and related exam and related exam and related exam and related laboratory and x -ray laboratory and x-ray laboratory and x-ray laboratory and x -ray Service$„ immunizations, services, immunizations, services, immunizations, services, immunizations, and vaccinations each and vaccinations each and vaccinations each and vaccinations each Calendar Year. Calendar Year. Calendar Year. Calendar Year. Well Child Care M% following deductible 60% following deductible 80% following deductible 60% following deductible for routine physical for routine physical for routine physical for routine physical exams and necessary exams and neonsary exams and necessary exams and necessary related laboratory, x- related laboratory, x- related laboratory, x- related laboratory, x- ray, immunization and ray, immunizatiort and ray, unmunbathm and ray, immunvation and vaccination services. vaccination services. vaccination servicim vaccination services. Routine Vision Exam 80%, no deductible, for 60% no deductible, for 80%, no deducubk, for 60%, no deductible, for one routine vision exam one rou me vision exam one routine vision exam one routine vision exam each Calendar Year. each Calendar Year. each Calendar Yew. each Calendar Year. 4 0 0 0 Benefit Provision IN- NETWORK NON- NETWORK IN- NETWORK NOWNETWORK Ambulance $D% following deductible 60% following deductible 80% following deductible 60% following deductible Transportation for emergency for emergency for emergency for emergency transportation to the transportation to the transportation to the transportation to the nearest facility nearest facility nearest facility nearest facility qualified to treat the qualified to treat the qualified to treat the qualified to treat the illness. illness. illness. illness_ Alc and Cherrucal Dependency Treatment Inpatient 80% following 60% following 80% following 60% following deductible. The deductible. The deductible. The deductible. The treatment program must treatment program must treatinent program must treatment program must be successfully completed be successfully completed be successfully completed be successfully completed in order to be eligible for in order to be eligible for in order to be eligible for in order to be eligible for coverage, and a coverage, and a coverage and a coverage, and a certificate of completion certificate of completion certificate of completion certificate of completion must be submitted with must be submitted with must be submitted with must be submitted with the claim. Subject to a the claim. Subject to a the claim. the claim_ Subject to a maximum of $10,000 per maximum of $10,000 per maximum of S10A00 per confinement and subject confinement, and subject confinement, and subject to the total lifetime to the total lifetime to the total lifetime maximum of 525,000 for maximum of $25A00 for manamum of $25,000 for all chemical dependency all chemical dependency all chemical dependency treatment combined, treatment combined, treatment combined, inpatient and outpatient inpatient and outpatient. inpatient and outpatient. *Outpatient 80% following 60% followmg 80% 10110 win g 60% following deductible. Subject to deductible. Subject m deductible. deductible. Subject to maximum of 130 hours of maximum, of 130 haws of maximum of 130 hours of care per Calendar Year rare per Calendar Year care per Calendar Year and subject to the total and subject to the total and subject to the total lifetime maximum of lifetime maximum of b6ebme maximum of $25,000 for all chemical $25,000 for all chemical 525,000 for all chemical dependency treatment dependency hramhent dependency treatment combined, inpatient and combined, inpatient and A ftj *,V 4 F t C CA R i5 combined, inpatient and outpatient. outpatient Piz vfr4A- ft outpatient. A M *MnrNyb (rAr2e 5 1 J �r R 0 M Benefit Provision IN-NETWORK NON- NETWORK IN- NETWORK NON- NETWORK Tkrvous and Mental Disorders Treatment •Inpatient 80% following 60% following 80% f allowing 60% following deductible. Subject to a deductible. Subject to a deducible. deductible. Subject to a maxanum of $70,000 per maximum of $10M per maximum of $10,000 per confinarient, and subject confinement and subject confinement, and subject to the total lifetime to the total lifetime to the total lifetime maximum of 525,000 for maximum of $25,000 for maximum of $25,000 for all nervous and mental all nervous and mental all nervous and mental treatment combined, treatment combined, treatment combined, inpatient and outpatient inpatient and outpatient. inpatient and outpatient. •Outpatient 80% following 60% following 80% following 60% following deductible. Subject to a deductible. Subject to a deductible . deductible. Subject to a xi maximum of 20 visits per xm manum of 20 visits per maximum of 20 visits per Calendar Year and Calendar Year and Calendar Year and subject to the total subject to the total subject to the total lifetime maximum of lifetime maximum of lifetime maximum of $25,000 for all nervous $25,000 for all nervous $25,000 for all nervous and mental treatment and mental treatment and mental treatment combined, inpatient and combined, inpatient and t f M AM64d 0 e 4fi 8 combined, inpatient and outpatient outpatient. outpatient_ a fARns PRO Ok '.1 PROd tr h w,�srar Physical, Speech 80% following deducible 60% foilowmg deductible 80% following deductible 60'% following deductible Occupational and Inhalation Therapy Medical Supplies and 80% following deductible 60% following deducible 80% following deductible 60% following deducible Durable Medical ETAPoent Hospice care 100% coverage, no 100% coverage, no 100% coverage, no 100% coverage, no deductible. Subject to deductible. Subject to deductible. Subject to deductible. Subject to lifetime maximum of six lifetime maximum of six lifetime maximum of six lifetime maximum of six months of care months of care months of are months of are r. f. 6, i F i F. w 6 0 • 0 Benefit Provision IN- NETWORK NON - NETWORK IN- NETWORK NON - NETWORK All Other Sigible 80% following deductible 60% following deductible 80% following deductible 60% following deductible Individual lifetime Maximum for all Causes $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 �i ;i A. O. (Tony) Victorian COUNTY ASSESSOR • FEBRUARY 12, 1996 Office of McLeod County Assessor Court House 830 11th Street East - Suite 112 Glencoe, Minnesota 55336 TELEPHONE 864 -5551 FES 13 1996 CITY OF HUTCN,iNSON E CLERK OF CITY OR TOWNSHIP: Enclosed is the notice of time set for the meeting of your local board of review. Also enclosed are the necessary notice blanks which must be posted and published at least 10 days prior to the date of the meeting. If this meeting date and time set for your jurisdiction conflicts in some way please let this office know at once so that a new date may be set. This is important because all "Notices of Assessment and Equalization" forms that are mailed to the taxpayers will include the meeting date and time on them. A review date change cannot be made after the notices are mailed out. Your cooperation in this matter will be appreciated. Thank you. Cl Sincerely, ct A. 0. Victorian County Assessor AOV /ar CLA-- McLeod County Equal Opportunity /Affirmative Action Employer Form No. A. F. 4 — Notice to Clerk of Meeting of Board of Review — 'Equalization. - ® Poucher Mols. a OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE t OF ' 114 u tC h 1 n S c r1 M '– L e- o COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the 15 t day of f� I a I at 4 : 30 o'clock M., has been fixed as the date for the meeting of the Board of Revwi— (swe a ar) 'Equalization --in your C�Ij for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this f•Ai t 1) day of EeJo Y ,– Ly v tg� County Assessor N o L t c CA County, Minnesota 'Applies only to Cities whose charter provides for a Board of Equalization instead of a Board of Review. • • C February 23, 1996 MEMO BACKGROUND During our budget review with the council the need for computer communications between building locations was discussed. Much time could be saved by such a network link. Saving of travel time with memos, schedules, and other information would be possible. A person to physically transfer this type of information would not be needed. We also need to upgrade and add computers in police and other departments to fully utilize the link plus other technology available through LOGIS. We would also be able to save funds by having everyone on the same software from the network server. City staff, including Mayor Torgerson, visited with Walt Clay and his Hutchinson Telephone staff about ways to improve this link. Their cooperation and methods to improve and save funds were very valuable as they were combined with the expertise of LOGIS staff and Larry Huhn of our staff. In addition, as the discussion evolved it was found the city could access the INTERNET as a communication link to others both within and outside of the community. FINDINGS It was found the cost of linking the city, combined with the offer of the telephone company's internet link, would provide us the • Citr Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 Fax (612) 234 -4240 (612) 5872975 Far (612) 234 -4240 (612) 587 -2242 Fax (612) 5876427 - Printed on recYcled paper - Page 2 Network memo least expensive telephone connection. At the same time LOGIS has put in place an internet access complete with a "firewall" protection at a lower on going cost then use of the telephone company. Cost of the necessary hardware and software to communicate between the buildings and internet access would cost $60,959. In addition there would be an on going charge of $1,246 which would be allocated to each buildings and user accessing the system. Necessary upgrade and additional computer needs for police, recreation, water /wastewater city center has a cost of $19,041. RECOMENDATION 9 After review of the costs and many options the staff is recommending the purchase as outlined above of the computers and connecting equipment totaling $80,000. Funding for the purchase of this equipment would come from money set aside in the capital equipment fund, funds transferred from the Electric and Gas Utility. Each department would be responsible for the monthly charge which the directors have available for 1996. is • • E ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLANO DAVID A. BRUEGGEMANN PAUL D. DOVE' RICHARD G. McGEE CATHRYN D. REITER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITTED IN TEXAS •No NEW TOM• Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 161 21 587 - 7575 FAX !612' 587-4096 RESIDENT ATTORNEI G. BARRY ANDERSON February 26, 1996 Re: Augusta Building Corporation Agreement Our File No. 3244 -94077 Dear Gary: FEB 2 61996 CITY -,- Ii: ,30N OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5861 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA SSAI6 1 612 , 5-5 -9000 FAX (612' 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612 389 -2214 FAX 1 612) 389 -5506 I am enclosing herewith a draft of an agreement that I would request that the City Council approve on Tuesday evening at its regularly scheduled City Council meeting. As you may recall, an issue has arisen regarding the failure of Augusta Homes to meet the s lope requirements for its Century Court develoFm n _ This is a ponding issue similar to the issue created by the development on Texas Avenue. As you may or may not recall, the developer has failed to slope the area surrounding the pond as the City was promised in the plans and specifications filed with the City. Since it is physically impossible, due to weather conditions, to realistically address this issue for at least a couple of months, if not longer, and since Augusta would like to get its certificate of occupancy for the property, Jim Marka and myself met with representatives of Augusta and came up with the enclosed agreement as a way of addressing the issues between the parties. Under this agreement, Augusta will have until July 1, 1996 to bring the slopes into compliance . If the cost of doing the corrective work is prohibitive, Augusta would have the right to construct a fence in accordance with the usual and customary procedures of the City of Hutchinson. If a fence or other corrective action is not completed by the deadline specified in the agreement, Hutchinson has the right to do the corrective work and assess the cost back to Augusta in the form of a standard special assessment. Augusta has agreed to waive any of the usual and customary procedure requirements for imposition of such an assessment. /C — / 1 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 HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz February 26, 1996 Page 2 In exchange for all of the foregoing, the City will issue the certificate of occupancy even though, technically speaking, the project is not yet in full compliance. I would like to have this matter placed on the City Council agenda for this coming Tuesday evening. Thank you. Very truly yours, OLD, ANDE SON & DOSE, P.L.L.P. G. Barry Anderson GBA:lm Enclosure CC Augusta Building Corporation - Attention: Cary Osborn Jim Marka CJ C � J 1 • AGREEMENT THIS AGREEMENT is made and entered into by and between the Augusta Building Corporation, 511 Colfax Street, P.O. Box 367, Augusta, Wisconsin 54722 ( "Augusta ") and the City of Hutchinson, a Minnesota municipal corporation ( "Hutchinson ") . RECITALS: 1. Augusta is the owner and developer of a residential real estate project located within the city limits of the City of Hutchinson described generally as Century Court. 2. An issue has arisen regarding the alleged failure of Augusta to properly finish certain slopes relating to a storm water retention pond located on the Augusta property. Hutchinson claims that the slopes in question are not pursuant to plans and • specifications filed with Hutchinson and Augusta alleges that either the slopes comply or variations between actual elevations in the slopes and specifications are insignificant. 3. Augusta desires to receive an certificate of occupancy for Building No. 7 and Hutchinson is willing to provide such a certificate pursuant to the terms and conditions of this agreement. 4. It is not realistic because of weather conditions to review the elevations and slope conditions on the site and the parties have entered into this agreement as an alternative method assuring Hutchinson that plans and specifications filed by Augusta with the City of Hutchinson are followed and that Augusta complies with all federal, state and local regulations, statutes and ordinances regarding storm water retention and related topics. • 5. Augusta is the owner of certain real estate associated with the project as set forth on attached Exhibit "A ". -1- 6. The parties hereto have entered into this agreement in furtherance of the objectives set forth above and now desire to reduce their agreement to writing. NOW THEREFORE, it is agreed by and between the parties as follows: 1. Compliance with Slope Requirements. Augusta agrees to comply with the slope, grading and development requirements of the plans and specifications filed by Augusta with the City of Hutchinson and with all requirements of local, state and federal law regarding storm water retention ponds and related topics. 2. Default. In the event Augusta defaults on its obligations as set forth in this agreement, Augusta authorizes the City of Hutchinson to enter the premises described on attached Exhibit "A" to correct the slope or to otherwise make appropriate changes in the slope to bring the project into compliance with plans and specifications and appropriate statutes and Augusta hereby waives, now and forever, any claims against Hutchinson associated with said improvements and further grants to Hutchinson permission to enter the premises to perform the work. 3. Deadline. Slope requirements shall be met on or before July 1, 1996. In the event slope requirements have not been met on or before said date, Hutchinson, by giving written notice to the parties whose address is given below, may enter the premises ten (10) days thereafter for the purpose of bringing the slopes of the storm water retention pond into compliance with all applicable rules and regulations including but not limited to the plans and specifications filed with the City of Hutchinson. • • • -2- • 4. Reimbursement by Augusta. Augusta agrees to reimburse the City of Hutchinson for all expenses associated with correcting the slopes as described above and, in the event Augusta does not reimburse Hutchinson within thirty (30) days of the date of written notice of the amount of reimbursement, Hutchinson shall be entitled to certify the unpaid amount to the Auditor of McLeod County for payment in the form of a special assessment as part of the tax obligation of the property. Augusta agrees to waive all procedural requirements imposed by Chapter 429 of Minnesota Statutes or by any other state, federal or local regulations and agrees to allow the imposition of the costs of corrective work in the form of taxation by way of special assessment simply by notifying the McLeod County Auditor in accordance with procedures adopted by the City of • Hutchinson from time to time. In the event that a court of competent jurisdiction, for whatever reason, invalidates the assessment contemplated by the agreement or in the event the Auditor refuses to levy the assessment as requested by Hutchinson, Hutchinson may, at its sole option, commence an action to collect the amount owed to Hutchinson for the correction work and, in addition to the expenses incurred by Hutchinson in correcting the slope, Hutchinson shall also be entitled to its reasonable attorney's fees and court costs. 6. Limitation of Damages. In the event Augusta, in its sole judgment, determines it is not cost effective to correct the slopes so that the slopes are consistent with the plans and specifications filed by Augusta with Hutchinson then, in that event, Augusta, at • its sole option, may construct a fence limiting access to the property in accordance with the guidelines of the City of -3- Hutchinson. Any such fence shall be constructed prior to July 1, • 1996. In any event, after July 1, 1996, Hutchinson shall be under no obligation to accept a fence as a substitute for correction of the non compliant slopes. 7. Notices. Notices under this Agreement shall be sent by United States mail to the following address: If to Augusta Building Corporation: Augusta Building Corporation 511 Colfax Street P.O. Box 367 Augusta, Wisconsin 54722 Attention: Cary Osborn If to the City of Hutchinson: invalid or unenforceable, such rendering shall not effect the City of Hutchinson Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Attention: Gary Plotz • With a copy to: G. Barry Anderson ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 8. Entire Agreement This Agreement shall be construed according to the laws of the State of Minnesota and contains the entire agreement of the parties with respect to the subject matter hereof. There are no representations, inducements or other provisions other than those expressed herein. This Agreement shall be binding upon the parties hereto and their successors and assigns. Any changes, additions or deletions hereto must be in writing and signed by the parties to this Agreement. 9. Severability. The provisions of this agreement shall be deemed severable. If any part of this agreement is rendered void, • invalid or unenforceable, such rendering shall not effect the • validity and enforcement of the remainder of the agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire agreement with respect to either party. 10. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN FITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. AUGUSTA BUILDING CORPORATION By: • CITY OF HUTCHINSON By: Its: Mayor Attest: Gary D. Plotz City Administrator STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of February, 1996, before me a Notary Public, personally appeared, and the and of the City of Hutchinson, municipal corporation, to me known to be the persons who executed the foregoing document on behalf of the City of Hutchinson. • Notary Public -5- I STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of February, 1996, before me a Notary Public, personally appeared, , the of Augusta Building Corporation, to me known to be the person who executed the foregoing document on behalf of Augusta Building Corporation. Notary Public THIS INSTRUMENT WAS PREPARED BY: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X L A OPEN -HOLD COUNCIL REPORT TUE, FEB 27, 1996, 11:22 AM page 1 ----------------------------- - - - --- -- ------- ---------------------- - - -- -- - -- ------------- - - - -- 1992 TIDS ARNOLD & MCDOWELL SHOPKO PHASE II -THRU 12/31/95 $52.50 <h $52.50* W RT RENOVAT. ARNOLD & MCDOWELL AIRPORT CONDEMN -THRU 12/31/95 $1,840.95 $1,840.95• CAP.IMPRO.FUND DOOLEY CONSTRUCTION c *> EXTRA MATERIAL FOR REMODELING $1,220.94 $1,220.94* CENTRAL GARAGE AMERICAN COUPLER CYL, PIN W/ KIT $470.24 ASPEN EQUIPMENT CO SPRING $79.43 BRANDON TIRE CO TIRE REPAIR $380.69 COAST TO COAST LITE, PARTS, NUTS, BOLTS $57.23 CROW RIVER AUTO THROTTLE REPLACEMENT $3,995.18 H&L MESABI WING BLADES $724.63 HARPEL BROS.INC PARTS $219.33 HOFFMAN FILTER SERVICE BARREL USED OIL FILTERS $50.00 HUTCHINSON WHOLESALE BELT, BLADE, MARKER, HEATER $237.95 JERRYS TRANSMISSION REPAIRS FOR 1982 MACK $837.69 K MART MAG FILE $2.10 L & P SUPPLY CO 2 KITS $300.12 MAC TOOLS DISTRIBUTOR SOCKET, INVERTED WR RACK $25.88 MID CON SYSTEMS INC GEL LUKE, CHAIN & CABLE $116.47 MN DEPT OF REVENUE CYL, PIN W/ KIT $30.10 MTI DIST.CO SOLENOID $241.67 NELSON TRUCKS & PARTS REPAIR & PARTS $798.75 PLOWMANS WINTER FRONT, LAMP $111.40 ST.JOSEPH'S EQUIPMENT INC MILEAGE, LABOR, PARTS $1,764.79 STEWARD ENTERPRISES CALCIUM COMPLEX GREASE 60 $210.87 SWEENEY BROS TRACTOR AIR FILTER, FILTERS TWO WAY CORM INC REGENCY RELAY, TONE BOARD $ $337.53 136.82 UNITED BLDG CENTERS SCREW ANCHOR, FOAM BRUSH $6.36 W.D. COOLING CLINIC REPAIRS $48.30 WAL -MART CALCULATOR, STAMP INK WIGEN CHEVROLET CO REPAIR -1990 CHEV PICKUP $ $33.45 19.55 < *> $11,236.53* �. DEV. LOAN A & B ELECTRIC ELECTRICAL WORK FOR SOLITRA $739.16 CITIZENS BANK SOLITRA LOAN $1,572.94 RASKE BLDG SYSTEM SOLITRA BILLING - #5 $12,806.18 SOUTHWEST MINNESOTA INITIATIVE SOLITRA LOAN $884.91 < +> $16,003.19* GENERAL FUND A & B ELECTRIC 100 AMP FUSES $46.35 ALEXANDER BATTERIES ADAPTER $49.66 ALLEN OFFICE PROD WEEKLY & MONTHLY CALENDARS $20.01 ARNOLD & MCDOWELL G FIELD VS CITY -THUR 12/31/95 $357.40 BAASEN, EUGENE REIMS FOR SAFETY GLASSES $80.00 BENNETT OFFICE SUP. TRANSPARANCY FILM $483.42 BRINKMAN STUDIO ROLLS OF FILM 85.16 BROWNELLS INC #3 SQUARE PATCHES 40.35 BUSINESSWARE SOLUTIONS COMPUTER SYSTEM $7,193.65 BUYTAERT, PATTY ICE SHOW COSTUMES $40.00 CADD /ENGINEERING SUPPLY MARS DISP TECH PEN $269.80 CAMERA SHOP DEVELOP & PRINT $18.28 CARLSON, RUBY OVERPAYMENT OF LEAGUE FEE $35.00 CARTER, SUSAN BUILDING MAINTENANCE $27.00 CENTRAL GARAGE JANUARY REPAIRS $7,056.95 CHBMSEARCH FRESH SENSE $174.34 CLSA REG -DOLF MOON $40.00 COAST TO COAST WORK LITE, ICE MELTER $34.46 COMM TRANSPORTATION HANGAR LOAN PAYMENT $820.00 COMSTOCK DAVIS INC PROFESS SERV - REPLAT INDUST PK $3,514.06 COUNTY TREASURER 1995 SERVICES $464.05 CROW RIVER PRESS INC LETT ERHEAD PAPER $728.24 CULLIGAN WATER COND BAGS OF SOLAR SALT $12.99 DANK, MIKE YOUTH DANCE WORKER $24.00 DENNISON, STEVE REF GAMES $54.00 DEPT NATURAL RESOURCES DNR REG FEES $582.00 EGGERT, JOYCE REFUND SENIOR TOUR 31.00 ERLANDSON, DAVID FOOTWEAR REIMBURSEMENT 63.22 • // -A OPEN -HOLD COUNCIL REPORT TUE, FEB 27, 1996, 11:22 AM page 2 ---------------------------------------------------------------------------------------------------- GENERAL FUND EVENSON PORTRAIT DESIGN PHOTO SESSIONS $108.00 FLAHERTY EQUIPMENT CORP BATTERIES, SERVICE CALL $410.21 • GALL'S INC GISH, LUCY PROFESSIONAL BAG REFUND SENIOR TOUR $519.70 $35.00 HARRIS CONTRACTING RPZ INSTALL AND TEST $471.94 HCVN COPY CITIZENS FORUM TAPE $25.00 HENRYS FOODS INC ASSORTED CANDY $81.17 HENSEN, MARK MEMB RENEWAL, CERTIFIC RENEWAL $30.00 HILLYARD FLOOR CARE /HUTCHINSON ESPRIT PUMPS $273.64 HUTCH COMM HOSPITAL TUBERCULIN TESTS HUTCH CONVENTION F JAN LODGING TAX ,5636.00 $2,858.72 HUTCH FIRE & SAFETY EXTINGUISHER RECHARGE $244.14 HUTCH PLBG F HTG CO CAP BROKEN WATER PIPE $117.84 HUTCHINSON UTILITIES ELECTRIC $16,332.84 HUTCHINSON WHOLESALE ABSORBER $50.91 HUTCHINSON- WILMAR TECH COLLEGE REG -GARY CARLSON $215.00 INK SPOTS PAPER $86.44 JENSEN S,, NEIL J. MONTHLY PAYMENT $230.00 KUTZKE, JOAN REFUND SENIOR TOUR $62.00 LAKE SUPERIOR COLLEGE REG -CAL RICE, QUENTIN LARSON $40.00 LAMP, MARY REFUND SENIOR TOUR $31.00 LANGAN, MELISSA YOUTH DANCE WORKER $18.00 LAURION, TAUNYA JAN 6 FEB HOURS WORKED $140.00 LENNES, RICHARD ADDITIONAL JAN EXPENSE $214.60 LOGIS DEC COMPUTER CHARGES $6,296.65 MARCO BUS.PRODUCTS FAX PAPER $488.29 MARK I OF NORTH AMERICA CARD HOLDER, BLANK PAPER $12.97 MARKA, JAMES DUES FOR SW ICBO MCGARVEY COFFEE INC COFFEE ,510.00 $150.50 METRO ATHLETIC SUPPLY VOLLEYBALLS 29.71 $14.02 MIKESH, MARCELL REFUND SENIOR TOUR MN DEPT OF REVENUE COMPU -TIK $ $31.00 MN SPORTS FEDERATION VOLLEYBALL TOURNAMENT $1,470.00 MN.ASSN.OF CEM.OFFICIAL3 MEMBER DUES, LEGAL FUND $131.00 MODERN FARM SMOKE BOMB $19.45 MPCA PROTECTING WATER QUALITY -BOOK $35.00 NORTHERN SAFETY CO EYEWASH, SIGNS, PVC GLOVES $80.08 OLSON, BETHANY HOURS WORKED- DANCE, JAM GYM $40.00 OLSONS LOCKSMITH REKEY LOCKS, SERVICE LOCKS $491.62 OPM INFORMATION SYSTEMS LASER JET TONER CARTRIDGES $108.94 OTTO, LYLA REFUND SENIOR TOUR $31.00 • PETERSON BUS SERVICE COACH TO COSMOS $150.00 PISHNEY, LORETTA REFUND SENIOR TOUR $31.00 PITNEY BOWES INC MAIL 2/14 $18.89 PLOWMANS SERVICE CALL $58.60 POPP, GAIL REFUND SENIOR TOUR $31.00 QUADE ELECTRIC VALMONT BALLAS $103.68 RIDER BENNSLT EGAN 6 ARUNDEL EXPENSES INCURRED $6.72 ROBINSON APPRAISAL CO APPRAISAL REPORT- INDUST PARK $1,125.00 ROSENEAU, PHYLLIS REFUND SENIOR TOUR $31.00 SALLY DISTRIBUTORS TICKETS, PRIZES FOR CARNIVAL $195.07 SCHAUFLER, MARY BETH MILAGE FOR MTG IN WILLMAR $37.50 SCHL.UETER, HELEN REFUND SENIOR TOUR $31.00 SCHMELING OIL CO DIESEL FUEL $62.88 SCHUE, JONETTE, SENIOR DANCE ENTERTAINMENT $100.00 SHARE CORP SHARE COMMANDER SHOPKO BATTERIES ,8182.43 $69.70 SMITH, LES R LUCILLE REFUND SENIOR TOUR $62.00 ST. CROIX RECREATION CO SWING SEATS, S HOOKS $1,371.62 STANDARD PRINTING LETTERHEAD -FIRE DEPT $123.55 STAR TRIBUNE PAPER THRU 5/29/96 $24.05 STARKE, RANDY YOUTH DANCE WORKER $24.00 STREICHERS RECHARGEABLE BATTERY $43.18 STUCKE, LUCY REFUND SENIOR TOUR $31.00 T839MAN SEED CO' LINE MARKER WHEEL $206.05 THEIS 6 LONG LEGAL SERVICES $69.00 TICKET CRAFT COMPU -TIK $227.55 TRI CO WATER COND SOFTNER RENTAL $39.94 TRIPLE G DISTRIBUTING INC FEB POP PURCHASES TUCKER, RYAN INDOOR CARNIVAL WORKER ,528.80 $21.25 TURNQUIST INC PAPER $2,346.26 TWO WAY COMM INC FILTER $72.07 UNITED BLDG CENTERS JOINT COMPOUND $999.31 UNIVERSITY OF MN REG- L.WINTER $175.00 US POSTAL SERVICE SENIOR NEWSLETTER POSTAGE $245.42 WAL -MART CARRY CASE $125.72 F - I L J OPEN -HOLD COUNCIL REPORT TUE, FEB 27, 1996, 11:22 AM page 3 ---------------------- GENERAL FUND - ----------------- - ----- WINDOWS MAGAZINE - ---------------- - - - ----------------- 1 YEAR SUBSCRIPTION - ---- $16.97 --- --- $71.00 YUKEL, GLADYS REFUND SENIOR TOUR $31.00 BUSINESSWARE SOLUTIONS < *> $293.48 CENTRAL GARAGE $63,535.98* 41.39 HAT-FAC. COAST. LAB SAFETY SUPPLY INC STORAGE CABINET $738.31 TOWELS, C LEANER 43.98 MN DEPT OF REVENUE STORAGE CABINET $83.40 DYNA SYSTEMS MILTI SOCKET NATL BUSINESS FURNITURE INC FILES $681.95 FEED RITE CONTROLS SIMONSON LUMBER CO POLE BARN NAILS $78.28 BOTTLE KIT < *> GOPHER STATE INC JANUARY CALLS $1,581.94* HARRIS CONTRACTING HOUSING REDEV ARNOLD & MCDOWELL <h HUTCH TRANS FAC. CITY OF HUTCHINSON MID CON SYSTEMS INC WITTE SANITATION INSURANCE FUNDS HUTCH COMM HOSPITAL <f> LIQUOR STORE • RURAL F. D ALLIED SERVICES OF HUTCHINSON BENNETT OFFICE SUP. CHAMBER OF COMMERCE CITY OF HUTCHINSON- GENERAL COLLINS BROTHERS INC COPIER FRIENDLY DRIVERS LICENSE GUIDE CO ED PHILLIPS & SONS CO. FRIENDLY BEVERAGE CO GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LEO'S TRANSFER LOGIS PAUSTIS & SONS QUALITY WINE & SPIRITS CO. RADIO SHACK STANDARD PRINTING COAST TO COAST HUTCHINSON WHOLESALE INK SPOTS REPAIR SUPPLIES COUPLER, TAPE 1995 ANNUAL REPORT $916.00 $916.00* $40.31 $76.76 $73.37 $190.44* $325.00 $325.00* 45 13 10 $22,193 $862 57 21 $10,161 $1,346 B 16,693 23,971 $ $18 1,054 86,995 $104 $84,146 00 34 00 47 93 50 95 32 05 77 25 93 17 95 89 18 67 37* $32.92 $7.40 $35.12 $75.44* WATER /SEWER FUND A & B ELECTRIC 225 AMP 600 VOLT -FUSE $53.95 AM.PAYMENT CENTERS DEC JAN FEB CHARGES $71.00 BENNETT OFFICE SUP. PENS $106.07 BUSINESSWARE SOLUTIONS LABOR, ON -SITE CHARGE $293.48 CENTRAL GARAGE JANUARY REPAIRS 41.39 CHEMSEARCH REPAIR & MAINTENANCE SUPPLIES 67.89 CROW CHEMICAL CO TOWELS, C LEANER 43.98 D.P.C.IND.INC CYLINDERS 96.00 167.22 DYNA SYSTEMS MILTI SOCKET 34.70 ELECTRONIC SERVICING REPAIR & MAINTENANCE SUPPLIES FEED RITE CONTROLS CHLORIDE SOLUTION $450.47 FISHER SCIENTIFIC BOTTLE KIT $55.50 GOPHER STATE INC JANUARY CALLS $8.75 HARRIS CONTRACTING CIRCULATING PUMP $1,135.79 HILLYARD FLOOR CARE / HUTCHINSON TOWELS $52.49 HUTCHINSON UTILITIES ELECTRIC $735.81 JUDI, CONTRACTING CO CONTRACTED- BALANCE DUE $1,000.00 LEEDS PRECISION INSTRUMENTS BULBS $20.04 LOGIS DEC COMPUTER CHARGES $1,350.73 MARCO BUS.PRODUCTS CLIPBOARD $1.52 MCNELLY GROUP FEB COMPOSTING LEASE $5,325.00 MN DEPT OF REVENUE KIT, OXYGEN REEL $4.39 MN VALLEY TESTING LAB AEROBIC PLATE CT TEST $8.00 MUNITECH INC REPAIR METER -PARTS & LABOR $702.56 AUGUSTA HOMES -THRU 12/31/95 WATER BILL 9/30 - 12/31 DISPENSERS JAN SERVICE, RECYCLING,S WAST MAMMOGRAM -CITY EMPLOYEES REPAIR BRACE ON WATER LINE OFFICE SUPPLIES ADD IN APPRECIATION DAYS FUN PAYROLL 2/16/96 FEB MISC PURCHASE COPY MACHINE REPAIR 1996 ID CHECKING GUIDE FEB LIQUOR PURCHASE FEB BEER PURCHASE FEB LIQUOR PURCHASE FEB RETURNED WINE FEB SHIPPING -1ST HALF DEC COMPUTER CHARGES FEB BEER PURCHASE FEB LIQUOR PURCHASE 2 STATION FM /AC IC /CT TAPE CASSETTE r 1 OPEN -HOLD COUNCIL REPORT TUE, FEB 27, 1996, 11:22 AM REVENUE page 4 ----------------------------------------------------------------------- WATER /SEWER FUND NCL --------- PROBE SERVICE KIT -------- ------ $266.16 - ----- 6,750.56 QUADE ELECTRIC WIRE $42.60 • RUST ENVIRONMENT SANIFILL INC PROFESS SERV -COST RATE SURVEY LOADS 1/29 TO 2/2 $2,370.00 $4,840.23 32,485.00 TER S SEWER SCHRAMM IMPLEMENT EQUIPMENT RENTAL $743.37 SVEN CULTURE, TANK, AERATOR & ACCES $852.00 12,656.25 TRI CO WATER COND 3 BAGS SALT $15.66 WASTE NEWS SUBSCRIPTION RENEWAL $19.00 WELCOME NEIGHBOR JAN LIST $60.00 YELLOW SPRINGS INSTRUMENT CO KIT, OXYGEN REEL $70.83 mot $21,006.58* $202,131.86+ WIRE TRANSFERS LIQUOR FUND MN DEPT OF REVENUE SALES TAXES 12,949.00 PAYROLL FUND MN DEPT OF REVNUE WITHHOLD TAXES 6,750.56 REC CENTER REFUNDING DEPOSITORY TRUST PRINCIPAL 6 INTEREST 32,485.00 TER S SEWER FUND DEPOSITORY TRUST INTEREST 12,656.25 0 IMMEDIATE PAY COUNCIL REPORT TUE, FEB 27, 1996, 11:22 AM page 1 --- -----------------------_____--------""--"---- 1985 TIDS FIRST TRUST INTEREST $26,000.00 < *> $26,000.00* �8 IMPROV. BDS AM.NATIONAL BANK INTEREST $227,000.00 <*> $227,000.00• 1995 IMPRO CONST LANDWEHR CONSTRUCTION CONTRACT PAYMENT $192,064.16 < *> $192,064.16* CAP.IMPRO.FUND NELSON CONSTRUCTION CO. REQUEST #7 $4,000.00 < *> $4,000.00• ECON. DHV. LOAN SOLITRA USA PROMISSORY NOTE $100,000.00 < *> $100,000.00* GENERAL FUND BONESTROO ROSENE ANDERLIK & AS PROF SERVICES $578.00 DEPT NATORAL RESOURCES DNR PEG FEES $621.00 US POSTAL SERVICE SURVEY POSTAGE $205.00 <*> $1,404.00* LIQUOR STORE LUNDHOLM, LORI WINDOW SERVICE $42.60 QUALITY WINE 6 SPIRITS CO. LIQUOR CREDIT $1,722.06 < *> ,51,764.66* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB 2 -10 $690.00 AMERICAN FAMILY INS CO. EMPLOYEE CONTRIB 2 -10 $89.16 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 2 -10 $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB 2 -10 $158.93 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 2 -10 $2,283.45 PERA INS CO. EMPLOYEE CONTRIB 2 -10 $124.50 P D.C. P. EMPLOYEE CONTRIB 2 -10 $52.02 PRUDENTIAL EMPLOYEE CONTRIB 2 -10 $155.00 PRUDENTIAL FUNDS EMPLOYEE CONTRIB 2 -10 $318.46 PUBLIC EMPLOYEES YBHS EMPLOYEE CONTRIB 2 -10 $14,630.25 • TEMPLETON INC EMPLOYEE CONTRIB 2 -10 $448.46 WADELL & REED EMPLOYEE CONTRIB 2 -10 $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIB 2 -10 $34,160.41 < *> $53,360.64* WATER /SEWER FUND FIRST TRUST INTEREST $78,000.00 < *> $ 78,000.00* $683,593.46* • FOR YOUR INFORMATION 0 FAMILY PLEDGE FOR SUMMER ICE February 19, 1996 FEB 2 0 1996 CITY OF HUTG , ASON Dear Mayor Marlin Torgerson and City Counsel, As of Friday, February 16, 1996, the Hutchinson Civic Arena has a dehumidifier set in place in the Southwest corner ready for installation. Installation procedures will follow for the next couple of weeks. We hope to have everything ready for the big Figure Skating Show at the end of March. The dehumidifier will really help the ice conditions and allow for summer ice programs. Our family pledges now total $17,600.00. We are also working on a few smaller projects like the lighting, alumasorb ceiling curtain and painting the iron beams. We will keep you informed of our progress or • would be happy to make a presentation at city counsel meeting. RApedf 'tted, R • Minnesota Pollution Co ntrol Agency FOR YOUR INFORMATdCh' February 8, 1996 The Honorable Marlin Torgeson :Mayor City Of Hutchinson City Center 111 Hassan St Se Hutchinson, Minnesota 55350 -2522 Dear Mayor Torgeson: !4`96 CITY O HU i Congratulations on the outstanding operation, maintenance and management of your wastewater collection and treatment facility during 1995. Our records indicate that your facility was in compliance with its permit requirements during the entire award year. The Minnesota Pollution Control Agency recognizes your accomplishment and would like to show that by presenting a Certificate of Commendation to you and/or a representative of your • operating staff at this year's Annual Wastewater Operation's Seminar. The Seminar will be held from March 20 to March 22, 1996, at the Thunderbird Hotel and Convention Center in Bloomington, Minnesota. The hotel is located at 2201 East 78th Street (just north of the Mall of America). The presentation of the Certificates of Commendation will take place during the Award Ceremony and Reception, beginning at 3:15 p.m. in the Menominee/Miami Rooms on Wednesday, March 20, 1996. The first rows of seats will be reserved for award recipients. If you or a men r of your operating staff are unable to be present at the Award Ceremony, we will mail tlye C rt&cate to you. 0 • cc: Wastewater Collection and Treatment Staff 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (612) 296 -6300 (voice); (612) 282 -5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. C W W:ls Ll DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITT[O IN T[ AND NEW YORK Lj Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON February 21, 1996 Re: Open Meeting Law Issues Our File No. 3188 -96311 Dear Gary: FEB 2 3 1996 CITY OF HU- C::.;VSON OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 5451793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612) 3892214 FAX (612) 3096506 FOR YOUR INFORMATION In case we needed anything more to worry about relative to potential complaints about open meeting law issues, I am passing along to you a recent article which appeared in the Wall Street Journal entitled 11 E Mail Among Officials May Be Against the Law." I have not necessarily persuaded that this is as much of a problem as the Wall Street Journal thinks; at the end of the day, the reality is that E mail communication is not much different than telephone communication. It is, nonetheless, an area that we will be see developing law in the next several years and I fully anticipate at some point the Minnesota Supreme Court will be required to rule one way or another on this issue. 1 Thank you. Very truly y 1 ANDE • G. arry Xnd GBA:lm Enclosure ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW Best regards. SON & DOVE, P.L.L.P. rson 101 PARK PLACE HUTCHINSON, MINNESOTA 553502563 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 Sing systems, to sprout from two things: differing de- tors, don't th ink me two examples l finitions of the word vaporware, and show illegal activity. While announcing ys Gordon Eu- software business. nders[anding of the products e Turn t P ge B6, Column unacceptable, n 5 y LE *L BEAT Pop Rhythm & Blues Alternative Alternative Rock & Roll Jazz 't emative '' 'ers f usic members ; of all re- also sug- of music zonstuners cople have y Berman, number of iusic in the clubs. The very young lurng the - customers ,y releases 3 "Forrest bum from Aany also _ Lion during the ng sign for ollar sales remained s rose 209, - b Included singles and 1.1 billion. lr demand i, with unit dfhon — the format was of compact ifllion units, according to Jciation. The D players are ;olumn I By Louise LEE Stc& Reporter of TH WA" Sr Ee JOL Government officials praise electronic mail as a way to enhance communication and cut paper flow. But it may violate some states' open - meetings laws. In Garland, Texas, a violation occurred last year when a city council member sent an e-mail message to colleagues' home computers over a proposal Involving a church of which he was a director. The city attorney forced him to retract the mes- sage. Lawmakers in Palo Alto, Calif., re- ceived a stern warning from their city attorney after they discussed a land -use measure on e-mail. "E-mail was new [to us] and we were not conscious" about avoiding open - meeting violations, says council member Liz Kniss. Government watchdogs say the prob- lem is going to increase as e-mail gets more popular. Aggravating the issue is the fact that public officials frequently don't save their e-mail, unlike memos and let- ters on paper, though in many states it is considered part of the public record. A federal judge earlier this week ruled that the National Security Council must save and make publicly available e-mail messages that don't concern security mat- ters. The NSC had argued it wasn't an agency subject to the Freedom of Informa- tion Act, which requires the government to disclose information upon request, unless the Information is specifically exempt. "Most agencies have not thought through e-mail in light of public access," says William Chamberlin, director of the Brechner Center for Freedom of Informa- tion of the University of Florida. "With e-mail, it's much easier for officials to unthinkingly toss out ideas and debate public business in private." Open- meeting laws, also called "sun- shine laws," vary from state to state, but generally require elected officials — whether members of city councils or school boards — to discuss and vote on policy matters in public meetings. In many states, the number of officials communi- cating in private must constitute a quorum in order to violate sunshine laws, but In other places, such as Florida, even two officials conferring privately on a policy matter constitutes a violation. Defenders of e-mail say the technology isn't different from older forms of commu- nication. After all, officials can simply pick up the phone or meet for lunch if they're determined to discuss matters privately. "Deliberation already happens behind closed doors," says Gerald Celente, editor of the Trends Journal in Rhinebeck, N.Y. Those who meet in private are "going to say what they're going to say and exclude who they want to exclude." But others say e-mail poses a greater threat to open - meetings laws than tele- phone calls or one-on -one conversations. Many local government officials say they e-mail colleagues more frequently than they tali them precisely because they can send highly detailed messages at any time of day. Particularly appealing, they say, is the ability to send a message to multiple destinations at the touch of a button. Such convenience has its perils. Micki Schneider, a city council member in Palo Alto, writes about "almost anything," over e -mail, including "figuring out where col- leagues stand on something." But she says she takes special care not to send copies of messages to more than three colleagues at once, because to do so would constitute a meeting of a majority of the nine council - members. "The more technologically advanced you are, the more opportunities for the open - meetings law to be violated," Ms. Schneider says. Spotting violations can be tricky. Send- ing an e-mail message on a policy matter to a private citizen is permissible, but It's a violation if the citizen forwards the mes- sage to other council members. Il could also be a violation if one official e-mails all his colleagues Individually, and each re- plies, says Robert M. Myers, former city attorney of Santa Monica, Calif. Another pitfall: erasing e-mail. While many states have determined that e-mail is part of the public record and thus should be saved and archived, public bodies haven't figured out how to comply. Palo Alto is considering creating a public mail- box where copies of all e-mail messages would be sent for public scrutiny, says Ariel Calonne, city attorney. in Florida, "retaining a -mall still con- founds many of Florida's public bodies," says Pat Gleason, general counsel for the state attorney general's office. Many com- puter systems 'Just aren't designed to keep e-mail efficiently," she says. It's little wonder that some lawmakers are staying away from e-mail altogether. While staff members in Hillsborough County, Fla., offices use e-mail, elected officials don't use the technology, says Jane Fagan, assistant county attorney. The reason: to avoid even the appearance of impropriety. A • • Ilutchiiisun S. Council meeting Minutes January 29, 1996 The Hutchinson Safety Council met at noon on January 29, 1996 at the McLeod Cuunt.y Id riLuyu CuiiL�r. 'I'cn numbers were present. President Craig Johnson presided over the meeting. He announced that the Safety Council has received a check for 1250 from the City of Hutchinson. Election of officers for the coming year was discussed. The nominating committee has not met, and there was no meeting in December. It was decided to postpose elections until the February meeting. John Rodeberg stated that he will not run for re- election as vice president due to his busy schedule. President Johnson announced that he will present his annual report of the activities of the Safety Council at the next meeting. It was voted to donate 1200 to the Bike and Blade Bonanza that will be held on May 4th. Members of the Safety Council are encouraged to volunteer to help with the Bonanza. Everyone is encouraged to see that the fire hydrants in their neighborhood are shoveled out so that they are accessible to the Fire Department in case of fire. • The meeting was adjourned. There was no program. The next meeting of the Safety Council will be held on February 26th at noon at the Heritage Center. Respectfully submitted, Lucille M. Smith Acting Secretary MINUTES ANNUAL MEETING • HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION MONDAY. JANUARY 8, 19% The meeting was called to order at 7:30 P.M. Minutes of the special meeting on September 25,1995 and the Board meeting on October 16,1995 were read and approved. There were 41 members present. The minutes of all the 1995 meetings were approved as printed. Gary Henke presented the following non - pension bills: $ AMOUNT of CHECK EXPLANATION . $75.00 M.A.R.A.C. (Membership) $16.74 Allen Office (Office supplies) $41.79 Hutch Schools (Annual report) $24.95 Fire/EMS Center Publications (Statutes) $32.00 U.S. Postal Service (Stamps) $300.00 Gary Henke (Jan. - Apr. Treasurers salary) $25,000.00 IDS (11 month certificate) $105.00 Old Republic Surety Co. (Treasurers bond) $2,750.00 Arnold, Anderson & Dove (Re -write By -Laws) $100.00 Jim Brodd (1/2 Secretary salary) $790.00 Fawcett, Young & Associates (1994 Audit) $32.00 U.S. Postal Service (Stamps) $180.00 Gary Henke (18 hrs. special reports) $375.00 • Gary Henke (May - Sept. Treasurers salary) $32.00 U.S. Postal Service (Stamps) $2,700.00 Wyatt Co. (12 -31 -94 Actuarial) $152.00 Vol. Fireman's Benefit Association (Annual renewal) $100.00 Jim Brodd (1/2 Secretary salary) $225.00 Gary Henke (Oct. - Dec. Treasurers salary) $58.05 Citizens Bank (Checks) $5.71 Gary Henke (Postage) $33,095.24 TOTAL A motion was made and seconded to allow the following 1995 norv-pension checks. Motion passed. Gary Henke presented a preliminary treasurers report for 1995. The formal report will be considered on February 12, 1996. A motion was made and seconded to accept the preliminary report as presented. Motion passed. Gary Henke reported that the dues for MARAC are $125 due to the amount of assets. A motion was made and seconded to pay the $125 dues. Motion passed. A motion was made and seconded to hire Fawcett, Young & Associates as auditors. Motion Passed. • New Business A motion was made and seconded to pay for steaks for all retired and active members of the Relief Association, from the general account. Motion passed. Elections were held for two 3 year board member terms with the following results. Ed Homan and Dick Popp were elected by a unanimous ballot. A motion was made and seconded to approve the Treasurer's salary at $75.00 a month with an • additional $10.00 per hour for 'special reports% and $200.00 a year for the Secretary's salary. Motion passed. Meeting adjourned at 7:50 p.m. Sincerely Jim Brodd Secretary • • HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, January 8, 1996 • The meeting opened at 8:00 p.m. The minutes were read and approved as amended. COMMITTEE'S Chief Bard Emans reviewed the committee assignments for 1996. Brent Reiner talked about the diving classes and asked for sign -ups. There will be a $25 entry fee that will be paid by the Department. Uniforms- Rob Carlson announced that the coats would be ordered soon. BILLS City. Fire Marshall and Rural Account $13,879.85 General Accoun Tom Malchow $110.00 Casey Stotts $26.83 Tom Malchow $165.00 Sewing Basket $49.04 Jamie Emans $502.91 Parks & Rec. $200.00 Tim Hulras $41.59 Festival Foods $4.08 Cashwise $73.12 Festival Foods $36.14 Cashwise • $120.45 Earl Anderson $65.93 Shopko $30.12 12 -20 Walmart Total $1,425.21 RUNS 12 -2 John Keefe - Lynn Twsp. 12 -15 Vehicle 12-4 Medical - Lynn Twsp. 12 -15 False Alarm 12 -5 Medical - Hutchinson Twsp. 12 -15 False Alarm 12-6 Medical - Hutchinson Twsp. 12 -19 Medical - Hessen Valley Twsp. 12 -7 Medical - Hessen Valley Twsp. 12 -19 CO check - Officer 12 -7 Alsleben - Hutchinson Twsp. 12 -20 Walmart 12 -7 10.52 - Lynn Twsp. 12 -21 False Alarm 12-8 Wanous - Hutchinson Twsp. 12 -21 CO check - Officer 12 -9 Medical - Collins Twsp. 12 -26 Vehicle 12 -9 1025 Texas Ave. - Officer 12 -28 3M 12 -9 Medical - Acoma Twsp. 12 -28 Medical - Hutchinson Twsp. 12 -10 Medical - Acoma Twsp. 12 -28 CO check - Officer 12 -10 CO check - Officer - Acoma Twsp. 12 -29 Vehicle - Lynn Twsp. 12 -11 CO check - Officer 12 -29 False alarm 12 -12 Medical - Lynn Twsp. 12-4 SCBA's 12 -13 1041 Hwy 15 S. 12-4 Drill & Meeting 12 -13 3M 12 -11 Drill 12 -13 Medical - Lynn Twsp. 12 -18 Drill MMS to approve the bills and runs as read. Motion passed. • COMMUNICATIONS Asst. Chief Randy Redman announced his resignation as Assistant Fire Chief effective 1 -8 -96. A motion was made and seconded to approve with regrets. Motion passed. There was then a round of applause for Randy's 9 years as Asst- Chief. Chief Brad Emans then stated there would be a Special Meeting on 1 -15-96 for an election for Assistant Chief. Chief Emans reviewed the requirements and the commitments of the position. Chief Emans then stated that this would be a one year appointment. Troy Bahr asked for resignation from the Fire Department as of 1 -8-96. A motion was made and seconded to approve with regrets. Motion passed. is Membership- Tom Glaeser announced that Gary Carlson will be put on full -time probationary status as of 1 -8-96. NEW BUSINESS Tom Pessek stated that 2336 had a rupture of the tank seams at the last rural fire and is now out of service. There was general discussion on possible preventative measures. Tom Pessek will investigate. Asst. Chief Randy Redman stated that Hantge Chapel will be hosting a death notification seminar on 2-6-96 at 6:30 to 830pm at Peace Lutheran Church. The seminar will be sponsored by MADD. There was a motion made and seconded to hold the February meeting on 2 -15 and the 2 hour drill on 2 -5. Motion passed. Dick Kuttner, Craig Reiner, and Dan Steele went to a prepaint inspection of new 2336 at Midwest Fire on 1 -5-96. Gary Henke will draft a letter to the Townboards as to early billing for the new tanker. The meeting adjourned at 8:50 p.m. Respectfully submitted by, • Jim Brodd Secretary • HUTCHINSON FIRE DEPARTMENT MINUTES SPECIAL MEETING Monday, January 15, 1995 • The meeting opened at 8:00 p.m. Asst. Chief Steve Schramm talked about missing Items from the station and announced that new locks would be put on the Officer doors this week. Chief Brad Emans then stated the purpose of the special meeting was to fill the vacancy for the 1st Asst. Chief position vacated by the resignation of Randy Redman. Chief Emans then reviewed the guidelines for the election process. Nominations would be made from the floor. Voting will be by ballot. If any other vacancies occur, they w111 be filled. Gary Henke, parliamentarian asked if any objections to this being a regular meeting. None were noted. Bob Hagen, Randy Redman, and Jim Brodd conducted the election process with the following results. 1st Asst. Chief - Steve Schramm Motion made and seconded to cast a unanimous ballot for Steve Schramm for 1st Asst. Chief. Motion carried. 2nd Asst. Chief Nominations were Dan Steele, Gary Fortier, Jim Popp, Casey Stotts. Dan Steele was elected on the second ballot. Rural Captain Nominations were Brian Koelln and Jeff Nies. Brian Kcelln was elected. is City Lieutenant Nominations were Pal Stroh, Tim Huiras, Russ Duenow, Bob Hagen. Bob Hagen was elected on the second ballot. Chief Emans announced that the Annual Tovnboard meeting is February 22, 1996 at 8:00 PM. The meeting adjourned at 8:25 p.m. Respectfully submitted by, Jim Brodd Secretary • HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, January 15, 1995 The meeting opened at 8:30 p.m Chief Emans commented on the special election and welcomed Dan Steele as 2nd Assistant Chief. Jim Popp asked if we could put on a 12 hour pumping Gass on a weekend in Hutchinson. Discussion followed and it was decided that it would be brought up at the next regular meeting. Duane Hoeschen stated that all 1st responder tests are completed. Duane also stated that a MIMS class is scheduled for February 19 & 26 and March 4 with starting times at 6:30, 6:30 and 6:00 respectfully. Casey Stotts stated that the State Fire Marshall's sprinkler training will be available. Let Casey know if you are Interested. Tom Pessek stated that the portable radios in 2333 & 2335 will be relocated. The spare battery will be located in the mechanics room. The regular radio in 2335 is not working correctly. Asst. Chief Schramm will get it fixed. Duane Hoeschen, communications officer, talked about radios and a possible plan for replacing. We will need a radio for new 2336 when it arrives. It was decided that Randy's Regency radio world go into new 2336. Duane will define a plan for replacement of radios and report back to the department. r� L Dan Steele stated that new 2336 will be delivered January 22 by Midwest Fire. Dan will review alternatives for old 2336 at the February 22 Townboard meeting. Dan also talked about rust problems on tanker 2334. Asst, Chief Steve Schramm talked about locks and the re- keying of doors at the station. Meeting adjourned at 9:10 PM. Respectfully submitted by, Jim Brodd Secretary • 0 C-�k 2/22/96 HUTCHINSON UTILITIES COMMISSION BALANCE SHEET JANUARY 31, 1996 ASSETS UTILITY PLANT - AT COST LAND 6 LAND RIGHTS DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS 6 ACCOUNTS INVESTMENT - GAS RESERVES MEDICAL INSURANCE POND 6 INTEREST PAYMENT 1993 BOND RESERVE - 1993 CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS 6 ACCOUNTS CURRENT 4 ACCRUED ASSETS CASH IN BANK INVESTMENTS 6 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE MISC - ACCOUNTS RECEIVABLE TOTAL CURRENT & ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 1993 TOTAL DEFERRED CHARGE TOTAL ASSETS 1 0 PACE 1 M x M* TOTAL * M 4 M 891,734.75 52,469,81!..52 53,361,546.27 (17,715,945.18) (17,715,945.18) 57,857.11 57,857.11 35,703,458.20 758,426.55 100,000.00 281,562.25 1,389,320.00 750,000.00 3,279,308.80 1,470,455.75 545,374.13 2,191,387.22 710,974.44 32,867.13 32,045.75 4,983,104.42 165,631.29 165,631.29 44,131,502.7i 0 0 2/22/96 HUTCHINSON UTILITIES COMMISSION PALANM SHEET JANUARY 31, 1996 MUNICIPAL EQUITY 8 LIABILITIES _ MUNICIPAL EQUITY MUNICIPAL EQUITY UNAPPROPRIATED RETAINED EARNINGS TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -NET OF _ CURRENT MATURITIES 1993 BONDS TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS 8 ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE TOTAL CONSTRUCTION 6 ACCTS PAY _ CURRENT 8 ACCRUED LIABILITIES _ ACCOUNTS PAYABLE INTEREST ACCRUED ACCRUED PAYROLL _ -- -- - ACCRUED VACATION PAYABLE ACCRUED MEDICAL FUND ACCRUED REC PAYMENT _ CUSTOMER DEPOSITS OTHER CURRENT & ACCRUED LIABILITIES TOTAL CLWZRENT 6 ACCRUED LIAR TOTAL MUNICIPAL EQUITY & LIAR f PAGE 2 M w M r TOTAL • • • • 28,894,611.41 131,737.77 29,026,349.18 13,300,000.00 13,300,000.00 100, 000.00 i00,000.00 1,208,121.40 108,470.48 63,915.80 150,332.53 52,561.77 240.64 82,350.00 39,160.83 1,705,153.53 44,131,502.71 2/2:/96 HUTCHINSON Ul[LIT CUMn1SSI0N PAGE 1 • STATEMENT OF INC 6 EXPENSES • JANUARY 31, 1996 PREVIOUS CURRENT BUDGETED BUDGEI ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY 886,331.68 _ 993,203.03 8381000.00 155,283.03 11,000 SALES FOR RESALE 633.00 90.00 2,000.00 (1,910.00) 100,000.00 NET INCOME FROM OTHER SOURCES 4,070.69 _ 4,137.95 4,870.00 (732.05) 54,000.00 SECURITY LIGHTS 916.00 1,078.:0 11120.00 (41.50) 14,000.00 POLE RENTAL .00 1,640.25 .00 1,640.25 4,000.00 SALES - GAS 624,821.79 770,625.59 6831600.00 87,025.59 5,600,000.00 TOTAL OPERATING REVENUE 1,516,773.16 1,770,855.32 1,529,590.00 241,265.32 16,772,000.00 OPERATING EXPENSES PRODUCTION OPERATION 74,877.33 77,347.81 77,587.20 239.39 1,160,015.00 PRODUCTION MAINTENANCE 12,542.24 30,621.22 28,230.00 (2,391.22) 3031500.00 _ PURCHASED POWER 471,914.44 499,268.56 472,188.50 (27,080.06) 2,099,650.00 TRANSMISSION OPERATION .0A _ .00 .00 . .00 3,400.00 TRANSMISSION MAINTENANCE .00 220.19 .00 (220.19) 29,000.00 ELECTRIC DISTRIBUTION OPERATION 18,011.84 - 16,809.06 15,098.00 (1,711.06) 217,900.00 ELECTRIC DISTRIBUTION MAINTENANCE 16,629.86 23,162.90 19,355.00 (3,807.90) 150,900.00 MFG GAS PRODUCTION OPERATION .00 560.60 .00 (560.60) 1,000.00 MFG GAS PRODUCTION MAINTENANCE 560.00 .00 .00 .00 2,000.00 PURCHASED GAS EXPENSE 536,803.10 _ 654,411.62 604,215.80 (50,195.82) 7,960,790.00 GAS DISTRIBUTION OPERATION 22,462.92 21,462.99 22,320.00 857.01 226,000.00 GAS DISTRIBUTION MAINTENANCE 3,730.15 - 8,124.68 51880.00 (2,244.68) 49,400.00 CUSTOMER ACCOUNTING 6 COLLECTIONS 14,125.76 _ 16,662.09 14,229.00 (2,433.09) 198,800.00 ADMINISTRATIVE Q GENERAL EXPENSES 155,831.22 134,821.14 129,237.68 (5,583.46) 1,473,056.00 DEPRECIATION - TOTAL 144,999.90 149,166.66 1591900.00 10,733.34 1,790,000.00 OPERATING EXPENSES 1,472,488.76 17632,639.52 1,548,241.18 (84,398.34) 15,664,511.00 OPERATING INCOME 44,284.40 _138,215.80 (SB,651.18) 156,866.98 1.107,489." OTHER INCOME OTHER - NET 465.07 301.53 - 900.00 (598.47) 125,000.00 INTEREST INCOME 15,946.46 _ 15,975.78 16,800.00 (824.22) 210,000.00 MISC INCOME 42,553.36 431.50 574.00 (142.50) 28,700.00 GAIN ON DISPOSAL - .00 .00 .00 .00 1,500.00 MISC INCOME - GAS 250.00 31,916.72 31,600.00 316.72 395 1 000.00 TOTAL OTHER INCOME 59,214.91 48,625.53 49,874.00 (1,248.47) 760,200.00 OTHER EXPENSES DEPLETION - GAS WELLS .00 .00 .00 .00 125,000.00 MISC EXPENSES 2,770.97 1.822.31 3,200.00 1,377.69 72,000.00 INTEREST EXPENSE 54,521.00 _ 53,281.25 50,970.00 (2,311.25) 640,875.00 TOTAL OTHER EXPENSES 57,291.97 55,103.56 54,170.00 (933.56) 837,875.13LO - CONTRIBUTION - TO CITY .(i0 - -- .00 .00 .00 675,000.00 TOTAL CONTRIBUTION TO CITY .00 .00 .00 .00 675,000.00 NON- OPERATING INCOME 1,922.94 (6,478.03) (4,296.00) (2,182.03) (752,675.00) NET INCOME 46,207.34 131,737.77 (22,947.18) 154,684.95 354,814.00