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cp03-24-1992 ci I IJ TC H 11\1 S 0 k1
CITY
CALENDAR,
!,'LEEK OF
March 22 TO Match 28
r
1992
V!EDNESDAY
-25-
10:00 A.M. - Directors Meet
at City Hall
SUNDAY MONDAY TU AY 14 _22_ -23-
THURSDAY
-26-
FRIDAY
-27-
5:00 P.M. - Special Meeting of
Planning Commission
at City Hall
7:30 P.M. - City Council
Meeting at City
Hall
SATURDAY
-28-
VACATION:
KEN MERRILL - March 23 -30
GARY PLOTZ - March 23-
April 3
HAZEL SITZ - March 23 -25
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUES4AY, MARCH 24, 1992
1. Call to Order - 7:30 P.M.
2. Invocation - Rev. Timothy Caspers, Shalom Baptist Church
3. Consideration of Minutes
None
4. Routine Items
(a) Reports of Officers, Boards and Commissions
1. Financial Report - February 1992
2. Park S Recreation Board Minutes of January 29, 1992
(b) Report of City Investments
•
(c) On -Sale Intoxicating
Liquor
License Renewals
1. Gold Coin
3.
The Underground
2. The Coach
4.
Victorian Inn
(d) Set -Up License for Little Crow Bowling Lanes
(e) Appointment of Roy Thompson to Pioneerland Library
Board
Action - Motion to order report and minutes filed,
issue licenses, and ratify appointment
5. Public Hearing - 8:00 P.M.
(a) Letting No. 2, Project No. 92 -09
Action - Motion to close hearing - Motion to reject -
Motion to approve - Motion to waive reading and adopt
Resolution
(b) Letting No. 4, Project No. 92 -07
Action - Motion to close hearing - Motion to reject -
Motion to approve - Motion to waive reading and adopt
Resolution
CITY COUNCIL AGENDA - MARCH 24, 1992
(c) Letting No. 6, Project No. 92 -10
Action - Motion to close hearing - Motion to reject -
Motion to approve - Motion to waive reading and adopt
Resolution
.._ .� - MaTITNTIZ
(a) Consideration of Request for Out -of -State Training By
Police Chief
Action - Motion to reject - Motion to approve
7. Resolutions And Ordinances
(a) Ordinance No. 92 -55 - An Ordinance Extending The
Corporate Limits Of The City Of Hutchinson To Include
Certain Unincorporated Land Totally Surrounded By The
City Of Hutchinson (Fair Grounds Property)
Action - Motion to reject - Motion to waive second
reading and adopt
is
(b) Resolution No. 9686 - Resolution Relating To General •
Obligation Parking Improvement Refunding Bonds Of 1984;
Calling For The Redemption Thereof
Action - Motion to reject - Motion to waive reading and
adopt
(c) Resolution No. 9687 - Resolution Appointing And
Designating The Commissioner of Transportation As Agent
Of The City Of Hutchinson
Action - Motion to reject - Motion to waive reading and
adopt
8. Unfinished Business
None
9. New Business
(a) Consideration of Delinquent Water And Sewer Accounts
Action - Motion to authorize extension of payment
period - Motion to authorize discontinuation of service
i-
2
• CITY COUNCIL AGENDA - MARCH 24, 1992
(b) Consideration of Authorizing Issuance And Calling for
Sale of Tax Increment Bonds On April 28, 1992 for
Farmers Elevator
Action - Motion to reject - Motion to approve - Motion
to waive readings and adopt Resolutions No. 9684 & 9685
(c) Consideration of Setting Public Hearing for
Intoxicating Liquor License Application At Hutch Pizza
Inc. /J's Sports Bar, Steve Picha Owner
Action - Motion to reject - Motion to approve and set
hearing for April 10, 1992 at 8:00 P.M.
(d) Consideration of Setting Date for City Council Budget
Workshop with City Directors
Action - Motion to set date for Week of April 6, 1992
(e) Consideration of Date for Joint Meeting with City
Council And Utilities Commission
• Action -
(f) Consideration of McDonald's Lakeview Terrace Mobile
Home Park Storm Shelter
0
Action - Motion to reject - Motion to approve proposed
design plan
(g) Consideration of Signage for No Truck Traffic On Huron
Street
Action - Motion to reject - Motion to approve
(h) Consideration of Advertising for Bids to Purchase
Street Department Grader
Action - Motion to reject - Motion to approve
(i) Discussion of Proposed Condominium Agreement with
Erickson's Diversified Corporation for Liquor Store
Action - Motion to reject - Motion to approve
3
CITY COUNCIL AGENDA - MARCH 24, 1992
(j) Consideration of Approving Addition of Shoreland
Ordinance to Zoning Ordinance
Action - Motion to reject - Motion to approve - Motion
to waive first reading of ordinance and set second
reading for April 14, 1992
(k) Consideration of Temporary Sign Permit for Brown's
Floral during Month of May
Action - Motion to reject - Motion to approve
(1) Consideration of Variance Requested By Dwight Bordson
for Addition to Non - Conforming House with Favorable
Recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion
to waive reading and adopt Resolution No. 9682
(m) Consideration of Conditional Use Permit Requested By
Dwight Bordson for Addition to Non - Conforming House
with Favorable Recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion
to waive reading and adopt Resolution No. 9683
(n) Consideration of Conditional Use Permit Requested By
Simonson Lumber Co. for Construction of Building
(Special Planning Commission Meeting on March 24, 1992)
Action - Motion to reject - Motion to approve - Motion
to waive reading and adopt Resolution
lo. Miscellaneous
(a) Communications from City Administrator
11. Claims, Appropriations And Contract Payments
(a) Verified Claims
Action - Motion to approve and authorize payment from
appropriate funds
12. Adiournment
4
0
Fe9RU4vt r
19.6%
3,927.54
19.8%
8,554.69
ro0k ar
-J4NHAfW 1992
CITY OF HUTCHINSON FINANCIAL REPORTS
3ANtffi8Y 1992
YOUTH CENTER - "DRY DOCK"
25.1%
REVENUE REPORT
CURRENT
YEAR TO
BALANCE
PERCENTAGE
MONTH -FEB.
DATE ACTUAL
BUDGET
REMAINING
USED
MEMBERSHIPS
0.00
0.00
0.00
0.00
ERR
ADMISSIONS
0.00
215.00
863.00
648.00
24.9%
VIDEO GAMES
0.00
800.00
800.00
0.0%
POP
69.10
417.97
1,600.00
1,182.03
26.1%
CANDY
102.45
133.75
1,000.00
866.25
13.4%
CHIPS, ETC.
60.76
126.51
3,400.00
3,273.49
3.7%
INTEREST
0.00
0.00
500.00
500.00
0.0%
BLDG RENTS
0.00
0.00
0.00
0.00
FUND RAISERS
0.00
0.00
0.00
CONTRIBUTIONS
6,250.00
29,250.00
41,900.00
12,650.00
69.8%
TOTAL
EXPENSE REPORT
PERSONEL SERVICES
OPERATING SUPPLIES
OTHER SERVICES & CHARGES
MISCELLANEOUS
• CAPITAL OUTLAY
TOTAL
YOUTHCTR
92
20 DATES
•
6,482.31 30,143.23 50,063.00 19,919.77 60.2%
3,084.15
359.77
1,788.10
0.00
69.96
5,301.98
5,452.05
972.46
3,045.31
0.00
3,115.83
12,585.65
ATTENDANCE
Y.T.D
317 499
27,813.00
4,900.00
11,600.00
500.00
5,250.00
50,063.00
22,360.95
19.6%
3,927.54
19.8%
8,554.69
26.3%
500.00
0.0%
2,134.17
37,477.35
25.1%
,V -A - �1)
FEBRUARY 1992
REVENUE REPORT - GENERAL FUND
•
TAXES
LICENSES
PERMITS AND FEES
INTER - GOVERNMENT REVENUE
CHARGES FOR SERVICES
FINES & FORFEITS
MISCELLANEOUS REVENUE
CONTRIBUTIONS FROM OTHER FUNDS
REVENUE FOR OTHER AGENCIES
TOTAL
EXPENSE REPORT
GENERAL FUND
MAYOR & COUNCIL
CITY ADM. /CITY CLERK
ELECTIONS
FINANCE
MOTOR VEHICLE
ASSESSING
LEGAL
NNING
Y HALL
CREATION BUILDING
POLICE DEPARTMENT
FIRE DEPARTMENT
SCHOOL LIAISON OFFICER
BUILDING INSPECTION
EMERGENCY MANAGEMENT
SAFETY COUNCIL
FIRE MARSHALL
ENGINEERING
STREETS & ALLEYS
STREET MAINTENANCE A/C
LIBRARY
SENIOR CITIZEN CENTER
PARK /REC. ADMIN.
RECREATION
CIVIC ARENA
PARK DEPARTMENT
CEMETERY
COMMUNITY DEVELOPMENT
DEBT SERVICE
AIRPORT
TRANSIT
ENERGY COUNCIL
D.P. COORDINATRO
LOCATED
TOTAL
CITY OF HUTCHINSON FINANCIAL STATEMENTS
1992
CURRENT YEAR TO ADOPTED
MONTH -FEB. DATE ACTUAL BUDGET
7,478.09
4,230.00
18,184.36
34,472.28
20,186.69
3,635.81
18,041.67
1,800.00
1,305.46
109,334.36
4,303.46
18,285.24
325.58
36,874.79
9,773.48
0.00
3,395.60
135.77
4,483.77
2,637.13
103,966.45
3,076.46
3,636.27
10,062.48
0.00
0.00
5,233.95
23,880.54
36,313.95
4,990.52
925.00
7,400.22
11,478.66
10,489.21
20,047.90
37,659.20
5,437.55
3,123.21
700.00
13,746.59
11,506.34
0.00
25,940.67
2,056.43
7,478.09 1,804,470.00
4,339.00 22,645.00
21,604.51 122,400.00
34,472.28 1,328,208.00
54,246.91 697,348.00
3,635.81 50,800.00
23,010.02 134,195.00
2,802.00 517,000.00
1,424.29 250.00
FEBRUARY 199
BALANCE PERCENTAGE
REMAINING USED
1,796,991.91
0.4%
18,306.00
19.2%
100,795.49
17.7%
1,293,735.72
2.6%
643,101.09
7.8%
47,164.19
7.2%
111,184.98
17.1%
514,198.00
0.5%
(1,174.29)
569.7%
153,012.91 4,677,316.00 4,524,303.09 3.3%
7,380.24
49,520.00
35,278.28
170,428.00
1,300.87
10,400.00
56,928.48
258,629.00
17,583.86
75,027.00
0.00
22,532.00
6,594.60
43,800.00
329.50
7,450:00
8,533.82
47,626.00
4,900.69
61,513.00
191,408.57
1,096,460.00
13,820.45
142,789.00
6,312.68
34,686.00
18,378.69
92,817.00
0.00
1,750.00
0.00
250.00
9,696.41
51,335.00
46,854.95
256,713.00
63,478.44
431,035.00
12,425.62
77,200.00
17,869.79
78,069.00
14,374.89
93,196.00
19,931.40
113,845.00
17,149.24
161,351.00
36,845.77
126,967.00
70,400.37
463,829.00
8,866.94
63,412.00
6,094.60
33,580.00
1,400.00
43,235.00
15,046.24
212,026.00
22,347.02
115,074.00
0.00
50.00
80,040.94
41,129.00
71,204.70
392,748.00
42,139.76
135,149.72
9,099.13
201,700.52
57,443.14
22,532.00
37,205.40
7,120.50
39,092.18
56,612.31
905,051.43
128,968.55
28,373.32
74,438.31
1,750.00
250.00
41,638.59
209,858.05
367,556.56
64,774.38
60,199.21
78,821.11
93,913.60
144,201.76
90,121.23
393,428.63
54,545.06
27,485.40
41,835.00
196,979.76
92,726.98
50.00
(38,911.94)
321,543.30
0.00
421,886.42 882,778.05 4,870,471.00 3,987,692.95 18.1%
FEBRUARY 1992
CITY OF HUTCHINSON FINANCIAL REPORT -
1992
FEBRUARY 19
106,355.20
ENTERPRISE FUNDS
SUPPLIES, REPAIR & MAINTENANCE
155.97
330.22
ONUE REPORT - LIQUOR FUND
CURRENT
YEAR TO
ADOPTED
BALANCE
PERCENTAGE
38,600.00
MONTH
DATE ACTUAL
BUDGET
REMAINING
USED
LIQUOR SALES
34,076.80
70,028.71
460,000.00
389,971.29
15.2%
WINE SALES
8,476.04
16,781.95
135,000.00
118,218.05
12.4%
BEER SALES
52,324.84
104,596.14
710,000.00
605,403.86
14.7%
BEER DEPOSITS
(35.48)
(105.09)
0.00
105.09
0.00
MISC. SALES
2,532.01
6,542.89
45,000.00
38,457.11
189,554.20
INTEREST
1,803.52
2,588.86
10,500.00
7,911.14
24.7%
REFUNDS & REIMBURSEMENTS
0.00
0.00
0.00
0.00
7,725.32
CASH DISCOUNTS
(98.17)
(572.89)
(1,500.00)
(927.11)
455,370.11
TOTAL
99,079.56
199,860.57
1,359,000.00
1,159,139.43
14.7%
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
13,826.32
26,392.80
132,748.00
106,355.20
19.9%
SUPPLIES, REPAIR & MAINTENANCE
155.97
330.22
3,350.00
3,019.78
9.9%
OTHER SERVICES & CHARGES
1,143.40
2,909.02
38,600.00
35,690.98
7.5%
MISCELLANEOUS
0.00
305.00
8,800.00
8,495.00
3.5%
CAPITAL OUTLAY
0.00
0.00
1,000.00
1,000.00
0.0%
TRANSFERS
0.00
0.00
120,000.00
120,000.00
0.0%
SALES
53,968.44
159,617.16
1,026,776.00
867,158.84
15.5%
WOF
R
9,519.32
0.00
4,500.00
4,500.00
0.0%
TOTAL
69,094.13
189,554.20
1,335,774.00
1,146,219.80
14.2%
REVENUE REPORT - WATER
SEWER /FUND
FEDERAL GRANTS
0.00
0.00
0.00
0.0%
WATER SALES
36,733.20
70,871.38
531,800.00
460,928.62
13.3%
WATER METER SALES
820.00
1,090.00
8,000.00
6,910.00
13.6%
REFUSE SERVICES
55,838.66
98,300.77
666,000.00
567,699.23
14.8%
REFUSE SURCHARGE
4,633.27
8,182.60
0.00
(8,182.60)
SEWER SERVICES
112,934.32
233,165.67
1,504,000.00
1,270,834.33
15.5%
PENALTY CHARGES
4,458.16
5,232.55
15,000.00
9,767.45
0.0%
INTEREST EARNED
9,519.32
9,519.32
160,000.00
150,480.58
5.9%
S C O R E
20,646.00
20,646.00
0.00
(20,646.00)
REFUNDS & REIMBURSEMENTS
107.00
636.50
3,000.00
2,363.50
0.0%
OTHER
7,725.32
7,725.32
2,000.00
(5,725.32)
386.3%
TOTAL
253,415.25
455,370.11
2,889,800.00
2,434,429.89
15.8%
EXPENSE REPORT - WATER
SEWER /FUND
SE 65,214.64 130,436.08 774,816.00 644,379.92 16.8%
ER 26,976.02 66,575.53 760,750.00 694,174.47 8.8%
SEWER 58,876.97 182,993.05 2,014,561.00 1,831,567.95 9.1%
TOTAL 151,067.63 380,004.66 3,550,127.00 3,170,122.34 10.7%
• MINUTES
Parks b Recreation Board
January 29, 1992
Members present were Lee Cox; chairman, Virgil Voigt, Linda Martin, John Mlinar and
J.P. Auer. Also present were Dolf Moon and Karen McKay.
OLD BUSINESS
Dry Dock - The doors are open at the new location for the Dry Dock, the facility is
smaller, but it should meet the needs of the participants. The United Way will
continue to fund $12,500 in 1992, but it may be reduced in 1993. Revenue from
participants needs to total $8,000 (vending and admissions). There has been some
concern from Wendling Insurance regarding litter. Dolf told the board there hasn't
been a problem in the past.
Subdivision Ordinance - The council met and reviewed the proposal< It was presented
in a clear and concise form; everyone is treated equally using percentages. There
are some concerns that the % or formula initially introduced to determine developers
cost may be too high. It will be reviewed by city staff and council representatives.
NEW BUSINESS
1991 -92 _Annual Reports - The board received a copy of the 1991 -92 Annual Report for
• the Parks and Recreation Department. It outlines the 1991 accomplishments for Parks,
Recreation, Forestry, Civic Arena, Senior Center and Dry Dock, and the goals for
1992.
Park Adoption Procedure - The Council received the recommendation for park adoption
from the Planning Commission and the Parks and Recreation Board. There will be
further discussion on the subject.
The Masons have okayed the recommendation of Mason's West River Park, following the
Council's discussion. The board received a list of parks in Hutchinson, the members
will be making recommendations regarding which parks should be and which should not
be adopted.
Crow River Sno-Pros - The Sno Pros have received the approval of the Department of
Natural Resources and the appropriate insurances to promote a snowmobile race on the
Crow River February 8th and 9th. After brief discussion, Linda Martin made a motion
to approve the use of Roberts Park to accommodate the Sno Pros for the weekend
snowmobile race. Virgil Voigt seconded the motion, and the board unanimously agreed.
Board Items
Civic Arena Maintenance - Lee Cox expressed concern about the recent maintenance of
the Civic Arena. Among things discussed were the bathrooms, the entrance steps,
employee performance and handicapped parking. The concerns will be directed to the
Arena Manager.
• Volleyball Letter - The board reviewed a letter regarding a team's experience at open
volleyball. After a brief discussion, the board recommended sending a letter to the
team manager regarding "open volleyball policies ".
11-14p)
Minutes
Parks & Recreation Board
January 29, 1992
Page two
BOARD ITEMS CONT.
Sanctuary Fence - Virgil Voigt reported to the board that the fence at the
sanctuary is leaning. City staff recommended using telephone poles to support
the fence.
ADJOURNMENT - Linda Martin made a motion to adjourn at 6:40 p.m. Virgil Voigt
seconded the motion, and the board agreed.
klm
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CITY OF HUTCHINSON
CERTIFICATES OF DEPOSIT
March 13, 1992
Amount
300,000.00
550,000.00
500,000.00
373,500.00
310,758.20
400,000.00
500,000.00
1,150,000.00
800,000.00
300,000.00
650,000.00
127,000.00
$5,961,258.20
17Z-131
Date
Date
Interest
Of
Of
Institution
-------------------------------------------------------------
Description
Rate
Purchase
Maturity
Firstate
42- 117168 -5
5.40%
11/14/91
4/16/92
Firstate
42- 120479 -1
5.35%
12/12/91
6/11/92
Firstate
017020942.6
5.35%
12/12/91
7/11/92
TREAS BONDS
644136
7.18%
12/12/91
2/15/2001
TREAS BONDS
644137
7.13%
12/12/91
10/15/98
Firstate
41- 121498 -0
4.30%
12/31/91
4/15/92
Firstate
41- 1214999 -8
4.60%
12/31/91
12/30/92
Firstate
42- 117375 -6
4.50%
1/16/92
4/30/92
Firstate
42- 118337 -5
4.20%
3/12/92
5/14/92
Firstate
42- 120527 -7
4.50%
1/16/92
5/28/92
Firstate
5017019886
5.55%
2/13/92
3/26/92
Firstate
41- 121442 -8
5.35%
2/13/91
4/16/92
Amount
300,000.00
550,000.00
500,000.00
373,500.00
310,758.20
400,000.00
500,000.00
1,150,000.00
800,000.00
300,000.00
650,000.00
127,000.00
$5,961,258.20
17Z-131
I*
0
City of
E H O R A N D U H
March 20, 1992
TO: Steve Hadson, Chief of Police
FROH1 Bonnie Baumetz, License Secretary
SUBJECT: RECOMMENDATION OF APPROVAL FOR INTOXICATING LIQUOR
LICENSES
Please review the following on -sale Intoxicating Liquor Licenses
for the year 19921
Gold Coin
Victorian Inn
The Underground
The Coach • -
Consumption and Display (Set -up) License
Little Crov Bowling Lanes
These renewal applications will be acted on at the City Council
meeting Tuesday, March 24, 1992.
Thank you.
Recommend approval for renewal of On -sale Intoxicating liquor
licenses and Consumption and Display (set -up) license for the above
named establis a ts.
Steve H ds nv lice hief
Ci tf Hall
37 Washington Avenue West
(612) 587 -5151
Parks &Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on recycled p1per -
Police Department
10 Franklin Street South
(612) 587 -2242
•
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PUBLICATION NO. -J-�-2
NOTICE OF HEARING
LETTING NO. 2
PROJECT NO. 92 -09
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will
meet in the Council Chambers of the City Hall at St00 P.M. on the 29th day of
March, 1992, to consider the making of an improvement of the Alleys East of Main
Street from Fifth Avenue S.E. to Sixth Avenue S.W., and East of Grove Street from
Fifth Avenue S.W. to Milwaukee Avenue and "Old" Ivy Lane from Sixth Avenue S.E.
to Seventh Avenue S.E. by the construction of storm sewer, grading, gravel base,
concrete curb and gutter, bituminous surfacing and appurtenances.
The estimated City Cost of said improvement is $0.00 with an estimated
$33,000.00 Assessable Cost, for the total estimated cost of $33,000.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Dated: March 10th, 1992
City Admin rator
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR
OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A
TRUE REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHDMN LEADER ON THURSDAY, MARCH 12TH, 1992.
n
u
MAR 1992
PELZ1VED
Engineering
OnY or Hutchinson
March 24, 1992
City Council
City of Hutchinson
Hutchinson, Minnesota
I'm unable to attend the hearing for aLly improvements between Division Ave.
and 5th Ave S W East of Grove St. As an affected property owner on the pro-
posed alley improvement, I wish to express my views as follows:
I'm for the improvement if the ponds of water behind my property can be drained
• away rapidly after after substantial rains and spring snow melts. Because of
the ponding of water, it slowly seep into the ground and I have water problems
in my basement most of the Spring and Summer months.
Also because of the water ponds the alley becomes very soft and muddy. The
present drainage system via the ditch over to the depressed curb on Grove Street
is very ineffective as.I see it. I'm in favor of hard surfacing the entire alley
if the drainage problems can be met.
Sincerely
✓' James W Hanson
315 Division Ave
Hutchinson, MN 55350
•
5 -A
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2992 PIJBLSC HF'AQSNG�4 / Cj �y of FiutchYnson
Let�Yng No. 2 /Project 92 -09
R2 2 ey Smpro vemen is
Block 58 / 5th Avenue SE to 6th Avenue SE
Bituminous Alley, Concrete Curb and Gutter, and Storm Sever
Estimated Cost: $ 9.00 /front foot Typical 66' Lot: $ 594
165.5' Lots $1,490
Old Ivy Lane
Concrete Alley Entrance, Narrow alley
Estimated Cost: $ 3.50 /front foot Typical 67' Lot:
Block 55 / 5th Avenue SW to Division Avenue
Bituminous Alley and Storm Sewer
Estimated Cost, S14.25 /front foot Typical 66' Lot:
235' Lot:
Block 4 / Milwaukee Avenue SW to Divison Avenue
Bituminous Alley
Estimated Cost: $ 5.00 /front foot Typical 66' Lot:
S 235
$ 940
$3,635
$ 330
• WILL DESIGN PROJECT AND GO OUT FOR BIDS IF APPROVED AT PUBLIC HEARING
• ASSESSMENT HEARING TO BE HELD AFTER BIDS, PRIOR TO AWARD OF CONTRACT
• ACTUAL ASSESSMENTS TO BE CALCULATED FOR ASSESSHENT HEARING
• PAYMENT OPTIONS:
Full payment without interest by October 1, 1992
Full payment with interest (from October 1st) by November 15, 1992
After November 15, 1992 the assessments are certified to tax rolls
Assessment on Tax Roll, 10 years with interest, Equal Principal
Deferment available for property owners, meeting income
guidelines, who are either over 65 years old or disabled.
VV 3I IA FIFTh
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• PUBLICATION NO.
NOTICE OF HEARING
LETTING NO. 4
PROJECT NO. 92 -07
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will
meet in the Council Chambers of the City Hall at 8:00 P.M. on the 24th day of
March, 1992, to consider the making of an improvement of First Avenue N.E. from
Hassan Street to Adams Street by the construction of storm sewer, sanitary sewer,
sewer service, watermain, water service, grading, gravel base, concrete curb and
gutter, bituminous base, bituminous surfacing, sidewalk and appurtenances.
The estimated City Cost of said improvement is $60,000.00, with an
estimated Minnesota State Aid Cost of $40,000.00, and an estimated Assessable
Cost of $60,000.00, for the total estimated cost of $160,000.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Dated: March 10th, 1992
• City Admi tra
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS NEARING, WHETHER YOU ARE FOR
OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL, CAN BE BETTER INFORMED OF A
TRUE REPRESENTATION OF OPINION.
PUB7TSFM IN THE HUTCHINSON LEADER ON THURSDAY, MARCH 12TH, 1992.
•
�r
•
TO WHOM IT MAY CONCERNc
PUBLICATION NO. 4154
NOTICE OF HEARING
LETTING NO. 6
PROJECT NO. 92 -10
Notice is hereby given that the City Council of Hutchinson, Minnesota, will
meet in the Council Chambers of the City Hall at 8:00 P.H. on the 24th day of
March, 1992, to consider the making of an improvement of Century Avenue from
Boston Street to Sunset Street by the construction of storm sewer, sanitary
sewer, sewer service, watermain, water service, grading, gravel base, concrete
curb and gutter, bituminous base, bituminous surfacing and appurtenances.
The estimated City Cost of said improvement is $180,000.00 with an
estimated Assessable Cost of $200,000.00, for the total estimated cost of
$380,000.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Dated: March 10th, 1992
Cl
mum, Nil
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR
OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A
TRUE REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, HARCH 12TH, 1992.
I-
L-1
(2-.
MEMORANDUM
TO: Mayor and Council
FROM: Steve Madson, Chief of Police]
DATEx March 20, 1992
RE: Out -of -State Training
This memorandum will serve as a request for approval for out -of-
state training for myself to attend the Federal Law Enforcement
Training Center for two different training classes. The first
training class would be an advanced physical security training
program with a proposed attendance date from May 12 to May 21,
1992. The second training program would be a law enforcement
Spanish training program to be held in Artesia, New Mexico from
August 10 through August 21, 1992.
Realizing the severe budgetary constraints that the city is facing
• at this time I would like to propose to the council that if the
city would allow me to have the time off to attend these training
sessions I would pay the registration and transportation costs to
and from each training session. Obviously, the police department
is facing more and more problems as a result of the hispanic
population increase and I feel it extremely important that I have
the capability to communicate in some manner with the hispanic
population, especially as it relates to the understanding and
investigation of complaints against the police department. The
advanced physical security training program would be extremely
beneficial for myself because of the continued requests from
industry located within the community for ideas and suggestions on
how to enhance their internal security programs, as well as the
fact that as the city grows the number of buildings that we have
within the city complex also have security needs that need to be
addressed.
I will be in attendance at the council meeting on March 24 if any
questions need to be addressed. Also, I have discussed this idea
with city administrator Gary Plotz and he has no problem with
granting the time to attend these training sessions.
If you have any questions or concerns regarding this memorandum,
please do not hesitate to contact me at your earliest convenience.
/lkg
• 92 -01 -0004
_A
• ORDINANCE NO. 92 -55
•
AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD,
STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN
TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON
AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE
WHEREAS, certain parcels of land as more particularly
described below abut or adjoin the City of Hutchinson;
WHEREAS, the Minnesota Municipal Board pursuant to Minnesota
Statutes Chapter 414 has approved the following annexation;
WHEREAS, it would be in the public interest to annex and
incorporate said lands into the City of Hutchinson;
NOW, THEREFORE, the City of Hutchinson does ordain:
SECTION 1. That the lands hereafter described shall be, and
the same hereby are, annexed to the City of Hutchinson, a Minnesota
municipal corporation, located in the County of McLeod and State of
Minnesota and from and after passage and publication of this
ordinance, said lands shall be annexed to and become a part of and
included in the corporate limits of the City of Hutchinson:
(1) SW; of NE,. in Sec. 12, Twp. 116N, R. 30W.
(2) The West Half of the Southeast Quarter of Section
12, Township 116 North, Range 30 West of the 5th
Principal Meridian.
Except that part of the Southwest Quarter of said
Southeast Quarter, described as follows:
Beginning at the southwest corner of said Southwest
Quarter of the Southeast Quarter; thence easterly,
along the south line of said Southeast Quarter, a
distance of 494.87 feet to a point on a line
parallel with and 250.00 feet northeasterly of, as
measured at a right angle to, the northwesterly
extension of the center line of the Hutchinson
Municipal Airport runway; thence northwesterly,
along said parallel line, a distance of 874.02 feet
to the point of intersection of the northeasterly
and southeasterly lines of Safety Zone A as per the
Hutchinson Municipal Airport Zoning Ordinance;
thence southwesterly, along said southeasterly line
of Safety Zone A, a distance of 104.77 feet to the
• west line of said Southwest Quarter of the
Southeast Quarter; thence southerly, along said
west line, a distance of 729.57 feet to the point
of beginning.
J'A'
ORDINANCE NO. 92 -55 •
PAGE 2
SECTION 2. This Ordinance shall become effective from and
after publication.
Adopted by the City Council this 24th day of March, 1992.
Paul L. Ackland
Mayor
ATTEST:
Gary D. Plotz
City Administrator
First Reading: March 10, 1992
Second Reading:
Publication Date:
•
•
• RESOLUTION RELATING TO GENERAL OBLIGATION
PARKING IMPROVEMENT REFUNDING BONDS OF
1984; CALLING FOR THE REDEMPTION THEREOF
BE IT RESOLVED by the City Council of the City of Hutchinson,
McLeod County, Minnesota (the "City'), as follows:
1. Recitals. The City has previously issued its General Obligation
Parking Improvement Refunding Bonds of 1984 (the 1984 Bonds "), dated, as
originally issued, as of May 1, 1984. The 1984 Bonds were originally issued in the
amount of $780,000, and are presently outstanding in the amount of $450,000.
2. Redemption of 1984 Bonds. It is hereby determined to call the 1984
Bonds maturing on and after May 1, 1993, for redemption and prepayment on
May 1, 1992. The City Finance Director shall cause notice of redemption of the 1984
Bonds in substantially the form attached hereto as Exhibit A to be published and
mailed in accordance with the provisions of Section 3.05 of Resolution No. 7712 of
the City Council, adopted April 24, 1984.
•
Attest:
r 1
U
Dated: March 24, 1992.
City Administrator
Mayor
awl
• EXHIBIT A
NOTICE OF REDEMPTION
General Obligation Parking Improvement Refunding Bonds of 1984,
dated as of May 1, 1984
City of Hutchinson, Minnesota
NOTICE IS HEREBY GIVEN THAT, the bonds of the above issue which
mature on May 1 in the years 1993 through 1997 are called for redemption and
prepayment on May 1, 1992.
The CUSIP Numbers, the Interest Rates and the Maturity Dates of the
bonds to be redeemed are listed below:
Due May 1, 1993,8.40%, CUSII' #448276 QL2
Due May 1, 1994, 8.60 %, CUSIP #448276 QP3
Due May 1, 1995,8.90%, CUSIP #448276 QS7
Due May 1, 1996, 9.10 %, CUSIP #448276 QU2
Due May 1, 1997,9.25%, CUSIP #448276 QW8
• In order to receive payment of the redemption price, which is the
principal amount thereof plus accrued interest, bondholders must present their
bonds to the Paying Agent as follows:
If by mail:
First Trust National Association
First Trust Center
Coupon Collections Department
P.O. Box 64111
St. Paul, MN 55164-0111
If by hand:
First Bank Minneapolis
Convenience Banking
120 South 6th Street
Minneapolis, Minnesota 55402
or
•
A -1
First Bank St. Paul •
Convenience Banking
332 Minnesota Street
St. Paul, Minnesota 55101
Interest on the bonds will cease to accrue on and after May 1, 1992.
Bondholders presenting their bonds for payment must include their
Taxpayer Identification Number on Form W -9 to avoid withholding under the
Interest and Dividend Tax Compliance Act.
Additional information may be obtained from Ehlers and Associates,
Inc., 2950 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota 55402,
Telephone No. (612) 339 -8291; or First Trust N.A., Bondholder Relations, (612) 223-
7900.
BY ORDER OF THE CITY COUNCIL
/s/ Gary D. Plotz
City Administrator
A -2
•
•
Mn/DOT TP- 08058 -03 (2/91)
• Minnesota Departrent of Transportation
Office of Aeronaut Ica
395 John Ireland Boulevard
Rocs 417, Transportation Building
St. Paul, MI 55155
Phone: (612)296.8202
•
AIP 3 -27. 0042 -01
CITY OF HUTCHINSON
(Sponsor)
(County)
RESOLUTION
APPOINTING AND DESIGNATING THE COMMISSIONER OF TRANSPORTATION AS
AGENT OF THE CITY OF HUTCHINSON
HEREAFTER IDENTIFIED AS THE SPONSOR.
BE IT RESOLVED THAT:
For the purpose of carrying out the following project AIP 3- 27- 0042 -01
for airport expansion and irtproyements. the sponsor
does hereby appoint and designate the Commissioner of Transportation of the State of Minnesota as its agent and
authorizes hire or his duly authorized representative:
1. To request and receive any moneys, either public or private, on behalf of the Sponsor, including money
received from the State of Minnesota or from the federal government and to deposit such moneys with the
State Treasurer.
2. To pay to the sponsor any amwnt of such moneys received as way become due under the Sponsor's
contracts.
3. To make reasonable arrangements for the development of plans for said airport.
4. To engage in all negotiations and discussions with the Administrator of the Federal Aviation Administration.
5. To be involved in dealings concerning the acquisition of the airport site.
6. To prepare and submit the Project Request.
7. To prepare and submit the Project Application.
a. To execute Sponsor's Assurance Agreements and the assurances required by Title 49 C.F.R., DOT,
Subtitle A, DST, Part 21 and Title VI of the Civil Rights Act of 1964.
The Sponsor has reviewed and understands the Assurances, Part V of the Project Application,
the Relocation and Real Property Acquisition Assurances, and the Standard DOT Title VI Assurances.
The Sponsor understands the requirements of the Single Audit Act of 1984 and OMB Circular A-128, -Audits
of State and Local Governments,- and shall have an audit in accordance with Circular A -128.
This motion was made by
Ayes , Rays
Date:
, motion carried.
Signed:
Title:
and socorded by
and the foil owing vote taken:
7 -
of the Mmicipality of
do hereby certify that the foregoing resolution is a true and
(Seal) exact copy as duty passed by
of the
of
and recorded In the minutes of the meeting held on the
day of , 19_, and that a council quorum was present.
Signature:
The Commissioner of Transportation hereby accepts this appointment to act as agent for the
as herein provided, subject to the limitations and conditions provided by the laws of this state.
(Seal)
Date:
Signature:
•
Director
Office of Aeronautics
•
I*
C
M E M O R A N D U M
DATE: March 24, 1992
TO: Mayor & City Council
FROM: plater
Bitting
Department
SUBJECT:
Delinouent
water & sewer accounts for the month of Mar
Attached is a listing of the delinquent water and sewer accounts
for the month of Mar. Recommend service be discontinued on Monday,
Mar 30th, 1992 at Noon.
1- 680 - 0016 -072
Pizza Garden
c/o Gene Doherty
PO Box 361
Hutchinson MN 55350
16 Jefferson St S
442.25
Promises $200- 3/31/,242.25 -4/7,
1- 680 - 0206 -071
Elliotts Eatery
206 Main St N
Hutchinson MN 55350
206 Main St N
374.12
1- 685- 0556 -082
Judy Kopesky
Box 606
Hutchinson MN 55350
556 Main St S
233.74
1- 685 - 0725 -041
Pearl Westlund
725 Main St S
Hutchinson MN 55350
725 Main St S
11.49
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks 6 Recreation
900 Harrington Street
(612) 587 -2975
1- 685- 0817 -034
David Hickle
817 Main St S
Hutchinson MN 55350
817 Main St S
138.58
2- 310 - 0814 -072
James Zoretic
8318 White Oak Rd
Munster In 46321
814 Church St
204.29
cc: James Chalupsky
814 Church St
Hutchinson MN 55350
Hutchinson, Minnesota 55350
- (Tinted on recycled paper -
Police Department
10 Franklin Street South
(612) 587 -2242
F-714'
1- 035 - 0106 -181
Edward D Jones
106 Second Av SW
Hutchinson MN 55350
106 Second Av SW
21.75
cc: Everett Hantge
955 Second Av SW
Hutchinson MN 55350
1- 090 - 0146 -042
Walter Green
146 Fifth Av SW
Hutchinson MN 55350
146 Fifth Av SW
131.95
1- 270 - 0835 -023
Gary J Miller
835 Brown St
Hutchinson MN 55350
835 Brown St
210.49
1- 395- 0645 -022
Andrew Ross
645 Franklin St S
Hutchinson MN 55350
645 Franklin St S
135.52
1- 455 - 0316 -071
Gary Piehl
316 Grove St S
Hutchinson MN 55350
316 Grove St S
121.24
Promises 4/10/92
1- 455 - 0596 -085
Tom Clouse
596 Grove St S
Hutchinson MN 55350
596 Grove St S
164.08
Promises 3/27/92
1- 455 - 0732 -031
1- 290 - 0216 -073 Kenneth Albrecht
Linda Skorseth 732 Grove St S
216 Cedar Av Hutchinson MN 55350 •
Hutchinson MN 55350 732 Grove St S
216 Cedar Av 96.25
103.39 Promises 4/2/92
Promises 4/9/92
1- 480 - 0993 -063
1- 360 - 0215 -034
Marc Hanson
Darol Wylie
993 Hassan St S
215 Division Av
Hutchinson MN 55350
Hutchinson MN 55350
993 Hassan St S
215 Division Av
99.82
135.52
cc: Dale Ewald
Hwy 15 N
1- 395- 0505 -015
Brownton MN 55350
Barbara Heller
505 Franklin St S
1- 570 - 0016 -004
Hutchinson MN 55350
Sam Poshek
505 Franklin St S
16 Jefferson St S
94.71
Hutchinson MN 55350
16 Jefferson St S
1- 395 - 0565 -086
121.04
Judy Kopesky
Box 606
1- 570 - 0546 -097
Hutchinson MN 55350
Penny Lieder
565 Franklin St
173.51
546 Jefferson St S
Hutchinson MN 55350
546 Jefferson St S
29.45
00
Ehlers and Associates, Inc.
LEADERS IN PUBLIC FINANCE
March 24, 1992
Mayor and City Council
Hutchinson, MN 55350
RE: 1992 Spring Financing
This spring's offering of General Obligation Bonds will Include the following:
1. $485,000 General Obligation Tax Increment Bonds for Phase 11 Downtown
Redevelopment.
2. $120,000 General Obligation Tax Increment Bonds for the Farmers Elevator
Project.
• 3. $325,000 General Obligation Refunding Recreation Building Bonds. Interest
rates range from 8.7% In 1994 to 9.9% In 2001 and 2002. Anticipated new
rates are estimated to range from 4.5% in 1994 to 6.2% In 2003 for a projected
Interest savings of over 40% or approximately $60,000.
•
4. $1,200,000 General obligation Refunding Improvement Bonds of 1983, 1984
and 1985. Interest rates on the 1983 and •1984 bonds range from 8.3% to
8.9 %; however, have only 2 and 3 years respectively and the 1985 Issue has
only 4 years remaining. Interest rates on the 1983 and 1984 issues are
expected to be cut In half and for the 1985 Issue, interest rates will be cut by
3 %.
The tax Increment issues (1 and 2) will be combined into one Issue, thus saving costs on both
Issues. There are two resolutions necessary, the first is the " Resolution Relating to
Development District No. 4" and the second is the "Resolution Providing for the Sale of the
Bonds ".
The refunding bonds identified in Item No. 3 and No. 4 should result In a substantial reduction
In the interest component of debt service payments and therefore, a reduction of tax levies.
Since the Improvement bonds have only a short term remaining and are very sensitive to
Interest rate fluctuations, we may have to pull the Issue from this offering prior to the sale if
interest rates rise; however, we will be selling the City's 1992 Improvement Bonds later, so it
could be combined with that Issue.
OFFICES IN MINNEAPOLIS, MN a WAUKESHA, WI • JAMESTOWN, NO
2950 Norwest Center" 90 South Seventh Street • Minneapolis, MN 55402 -4100 •612339 -8291 • FAX 612339 -0854 / l
.City of Hutchinson March 24, 1992 2
195 Spring Financing Page 2
We have reviewed the Hospital financing for refunding and at this time, only the short-term
Lease Notes are a possibility. We have been attempting to work -out an Interest rate change
only on the Lease. A recommendation will be forthcoming pending negotiations.
Overview
The City will be issuing new funds represented by items No. 1 and 2 In the amount of
$485,000. Simultaneously with the sale of new debt, the City will be calling $450,000 Parking
Improvement Bonds. Thus this offering will result in only a small increase In g.o. debt and at
the same time the refinancings are decreasing the tax burdens.
The City once again has shown great wisdom In planning Its long -term debt structure. It is a
pleasure to be the Financial Advisor to Hutchinson.
Very truly yours,
EHLERS AND ASSOCIATES, INC.
William E. Fahey
Chief Executive Officer
WEF:nel
•
•
U
•
40
03/19/92 15 :54
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FAI 6123402644 DORSEY WHIM
Dogs -Zx & WsITNr:Y
4800 FIRST DAHY P"CE EAST
mxImEI,PCLIs, IInPNESOTJ 53402-L498
(am .140 -se0o
TrLxx 20- 0005
LE (61V 04dt1Taw
Ms. Marilyn Swanson
City of Hutchinson
37 Washington Avenue West
Hutchinson, Minnesota 55350
Dear Marilyn:
JEROM p�/T�
P, PAT ICAN
W=
March 19,1992
C =l ♦T"", f. R,■U x -u
RooQYLt�.1ORltlHOL T.TROC
4o »TAtl•0100
1]m 1(plT NT96(s 15 GERTBY
' LORLIU OB1W
^ • (40CD wkK101A
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Y001 Tn -7�0•
u» 1a/T ,faor T"x"
)gea00La,Aaf[u(a IPM
(. TTU -eoe.
Enclosed for the March 24th City Council meeting is a resolution
calling for the sale of the TIF Bonds and a resolution approving the use of tax
increment for the Farmers Elevator project. The resolutions contain various blanks
which will need to be completed by Bill Fahey.
If you have any questions, please give me a call.
JPG:cmn
Enclosures
oc William Fahey
G. Barry Anderson
@002
VU/LOI JY ♦U.UI 1'!16 Ur LUYULUYY UUI1i)�l 110 1 1 11 6 1 Ij�UU�
CERTIFICATION OF NIIIVj TES RELATING TO •
$ GENERAL OBLIGATION TAX
INCR24Ef J.T BONDS, SERIFS 1992
Issuer: City of Hutchinson, Minnesota
Governing body: City Council
Kind, date, time and place of meeting. A regular meeting held on
March 24, 1992, at 7:30 o'clock, p-m., at the Citv HaR
Members present:
Members absent:
Documents attached
Minutes of said meeting (pages): I through II
RESOLUTION RELATING TO $ GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1992,
AUTHORIMG THE L4SUANCE AND CALLING FOR
THE PUBLIC SALE THEREOF •
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the obligations referred to in the title of this
certificate, certify that the documents attached hereto, as described above, have been
carefully compared with the original records of the corporation in my legal custody,
from which they have been transcribed; that the documents are a correct and
complete transcript of the minutes of a meeting of the governing body of the
corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at the meeting, insofar
as they relate to the obligations, and that the meeting was duly held by the
governing body at the time and place and was attended throughout by e
indicated above, pursuant to call and notice of such meeting given as required by th member
law.
W177'F,SS my hand officially as such recording officer and the seal of
the Cl ty this day of _ 1992.
(SEAL) Gary D. Plotz
City Administrator
9-
03/19/92 16:01 FAI 6123402644 DORS$Y WHIM 9004
• Member
•
and moved its adoption:
introduced the following resolution
RESOLUTION REL.A71NG TO $ GENERAL
OBLIGATION TAX INCREMENT BONDS, SfiRIES 1992;
AUTHORIZING THE ISSUANCE AND CALLING FOR
THE PUBLIC SALE THEREOF
BE IT RESOLVED by the City Council of the City of Hutchinson,
Minnesota (the City), as follows:
1. Authorization. Pursuant to the provisions of Minnesota Statutes,
Section 469.178 and Chapter 475, the City Council of the City does hereby authorize
the issuance and sale of its General Obligation Tax Increment Bonds, Series 1992 (the
Bonds) in the principal amount of $ . induding every item of cost of the
kinds authorized by Minnesota Statutes, Section 475.56, for the purpose of providing
funds for the payment of the public redevelopment costs to be paid or incurred by
the City in connection with the Development Program for Development District
No. 4 in the Gty. $ of the principal amount of the Bonds represents
interest as provided in Minnesota Statutes, Section 475.56.
It is hereby determined that the City shall receive and open sealed bids
for the purchase of the Bonds at the office of the City Administrator on
1992, at 4:00 o'clock p.m., and this Council shall meet at 7:30 o'clock p.m. that same
date to consider the bids and award the sale.
. 2. Sale. The City Administrator is hereby authorized and directed to
cause notice of the time, place and purpose of said sale to be published at least ter►
days in advance of the bid opening in a legal newspaper having general circulation
in the City, and in a periodical published in Minneapolis, Minnesota, giving
financial news and of general circulation throughout the State of Minnesota, which
notice shall be in substantially the following form:
03/19/92 16;04 FAX 6123402644 DORM IMITE @005
NOTICE OF BOND SALE •
$ GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1992
CITY OF HUTCH NSON, MINNESOTA
NOTICE 15 HEREBY GIVEN that the City of Hutchinson, Minnesota,
will receive sealed bids for the purchase of $ General Obligation Tax
Increment Bonds, Series 1992, of the City (the Bonds), at the office of the City
Administrator until 4:00 p.m. on Tuesday, - -_ 1992, at which time the
bids will be opened and tabulated. The City Council will meet in the City Hall at 730
P.M. that same date to consider the bids and award the sale of the Bonds. The Bonds
will be issuable as fully registered bonds of single maturities, in denominations of
$5,000 or any integral multiple thereof, will be dated, as originally issued, as of
1, 1992, and will mature on February 1 in the following years and
amounts:
Yea Amount
is
The Bonds will be issued only in fully registered form and when issued, will be
registered in the name of Cede & Co., as nominee for The Depository Trust
Company, New York, New York, which will act as securities depository for the
Bonds. Interest will be payable on each 1 and 1
commencing 1, 1992. Bonds having stated maturities in 1999 and later
years are each subject to redemption, at the option of the City and in whole or in
part, and if in part, in inverse order of maturities; and in $5,000 principal amounts
selected by lot within a maturity, on 1, and on any interest payment
date thereafter at a price equal to the principal amount thereof to be redeemed plus
interest accrued to the date of redemption A legal opinion will be furnished by
Dorsey & Whitney, of Minneapolis, Minnesota. - Copies of a statement of Terms and
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03/19/92 16;06 FAd 6123402644 DORS97 WHIM X006
• Conditions of Sale and additfonai information may be obtained from the
undersigned or from $filers and Associates, Inc,, 2950 Norwest Center, 90 South 7dt
to the City,
Street, Minneapolis, Minnesota 55402; telephone 612-339-8291, finanaal consultants
Dated: March 24,1992.
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BY ORDER OF THE CTTY COUNCIL
Cary D. Plotz
City Administrator
City of Hutchinson, Minnesota
03/19/92 16 :12 FAX 6123402644 DOR,SRY WHITEY 9007
3• Ondition of ale. The following statement of Terms •
and Conditions of Sale shall constitute the terms and conditions for the We and
issuance of the Bonds and such terms and conditions are hereby authorized to be
incorporated in material distributed to prospective bidders for the bonds:
A
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03/19/92 16:15 FAX 6123402644
DORS11Y HIM
TERMS AND CONDITIONS OF SALE
$ GENERAL OBLICATION TAX
INCREMP,NT BONDS, SERIES 1992
CITY OF HLTTCHiNSON, MD ESOTA
Sealed bids for the purchase of $ General Obligation Tax
Increment Bonds, Series 1992 (the Bonds) of the Qty of Hutchinson, Minnesota (the
City) will be received at the office of the City Administrator until 4:00 p.m., on
Tuesday, 1992, at which tame they will be opened, read and
tabulated. The City Council will meet in the City Hall at 7:30 pm. on the same date
to consider the bids and award the sale of the Bonds. This is a statement of the
terms and conditions upon which the bids for the purchase of the Bonds wiU be
received, the sale thereof awarded and the Bonds issued.
PURPOSE
The Bands will be issued for the purpose of finandng the costs to be
paid or incurred by the City in connection with a development program being
undertaken by the City, in accordance with the provisions of Minnesota Statutes,
Section 469.178 and Chapter 475.
TYPE, DWOM7NATI0N, MATURITIES AND REDEMPTION
The Bonds will be dated, as originally issued, as of 1, 1992,
will be issued as negotiable investment securities in registered form as to both
principal and interest and will be issued in denominations of $5,000 or any integral
multiple thereof, of single maturities, The Bonds will mature on
the following years and amounts: 1 in
Year
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Amount
9008
03/19/92 16:19 FAX 6123402644 DORSEY WHI`I4d6Y 9009
The Bonds having stated maturity dates in and later years shall each be subject
to redemption and prepayment, at the option of the City in whole or in part, and if
in part, in inverse order of maturities and in $5,000 principal amounts selected by lot
within a maturity, on 1, _ , and on any interest payment date
thereafter, at a price equal to the principal amount thereof to be redeemed plus
interest accrued to the date of redemption. Notice of redemption shall be mailed at
least 30 days before the date of redemption to the registered owner of each Bond to
be redeemed at the address shown in the bond register,
BOOK ENTRY FORMAT
The Bonds will be registered in the time of Cede & Co,, as nominee.
for The Depository Trust Company ( °DTO'), New York, New York DTC will act as
securities depository for the Bonds, and will be responsible for maintaining a
book -entry system for recording thesttterests of its participants and the transfers of
Interests between its participants. The participants will be responsible for
maintaining records regarding the beneficial interests of the individual purchasers
of the Bonds. So long as Cede & Co. is the registered owner of the Bonds, all
payments of principal and interest will be made to the depository which, in turn,
will be obligated to remit such payments to its participants for subsequent
disbursement to the beneficial owners of the Bonds.
INTEREST PAYMENT DATES AND RATES
Interest will be payable each 1 and 1,
commencing 1, 1992, to the registered owners of the Bonds appearing
of record in the bond register as of the close of business on the 15th day (whether or
not a business day) of the immediately preceding month Interest on the Bonds will
be computed on the basis of a 360 -day year consisting of twelve 30 day months, and
will be rounded pursuant to the noes of the Municipal Securities Rulemaldrtg
Board. All Bonds of the same maturity must bear interest from date of original
issue until paid at a single, uniform rate, not exceeding the rate speed for Bonds
of any subsequent maturity. Each rate must be expressed in an integral multiple of
5 /I00 or 1/8 of 1%.
DELIVERY
Within 40 days after the sale, the Bonds will be delivered without cost
to the original purchaser at DTC. On the day of closing, the City will furnish to the
Purchaser the opinion of bond counsel hereinafter described, an arbitrage
certification and a certificate verifying that no litigation in any manner questioning
the validity of the Bonds is then pending or, to the best knowledge of officers of the
City, threatened. payment for the Bonds must be received by the City at its
designated deposltory on the date of closing in immediately available funds.
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03/19/92 16:22 FAX 6123402644 DORM WHITE X010
LEGAL OPINION
An opinion as to the validity of the Bonds and the exemption from
taxation of the interest thereon will be furnished by Dorsey & Whitney, of
Minneapolis, Minnesota and Will be printed on the Bonds. The legal opinion will
state that the Bonds are valid and binding general obligations of the City enforceable
in accordance with their ternu,.except to the extent to which enforceability may be
limited by state or United States taws relating to bankruptcy, reorganization,
moratorium or creditors' rights.
QUALIFIED TAX- EXRvIPT OBLIGATIONS
The Bonds will be designated by the City as "Qualified Tax - Exempt
Obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code
of 1986, as amended.
TYPE OF BID AND AWARD
Sealed bids for the Bonds in an amount not less than $ and
•
accrued interest on the principal sum of $ must be mailed or delivered to
Ehlers and Associates, Inc. at its office in Minneapolis, Minnesota and must be
received prior to the time established above for the opening of bids. Each bid must
be unconditional. Bids shall be accompanied by a good faith deposit ( "Good Faith
Deposit') in the form of a certified or cashiers check, bank draft or a wire transfer of
funds to Resource Bank & Trust Company, ABA k09 -19- 0550 -6 for further credit to
Ehlers and Associates, Inc. Bond Issue Escrow Account It850 -788-1, Attention: Molly
Majerle, or a Financial Surety Bond in the amount of $14,400. If a Financial Surety
Bond is used, it must be from an insurance company licensed to issue such a bond
in the State of Minnesota, and preappproved by the City. Such Financial Surety
Bond must be submitted to Ehlers and Associates, Inc. prior to the opening of the
bids and must identify each bidder whose Good Faith Deposit is guaranteed by such
Financial Surety Bond.
If the Bonds are awarded to a bidder using a Financial Surety Bond,
then that original purchaser is required to submit its Good Faith Deposit in the fo
of a certified or cashiers check, bank draft or wire transfer as instructed by Ehlers and rm
Associates, Inc not later than 3:00 P.M. Central Time on the next business day
following the award. If such Good Faith Deposit is not received by that time, the
Financial Surety Bond may be drawn by the City to satisfy such Good Faith Deposit
requirement and such amount will be deducted from the purchase price at the
closing and no interest will accrue to the original purchaser, 'The Good Faith
•Deposit will be retained by the City as liquidated damages if the bid is accepted and
the bidder fails to comply therewith. Except as provided above when the Good Faith
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03/19/92 16:26 FAX 6123402644 DORSEY WHIM @oil
7
Deposit has been drawn by the City under the Financial Surety Bond, the Good Faith
Deposit will be returned to the purchaser at the closing for the Bonds. The bid
authorizing the lowest net interest cost (total interest on all Bonds from 1,
1992 to their stated maturities less any cash premium or plus any discount) will be
deemed the most favorable. No oral bid and no bid of less than $ plus
accrued interest on all of the Bonds will be considered and the City reserves the right
to reject any and all bids and to waive any informalities in any bid, and to adjourn
the sate
CUSIP NUMBERS
The City will assume no obligation for the assignment or printing of
CUSIP numbers on the Bonds or for the correctness of any numbers printed
thereon, but will permit such numbers to be assigned and printed at the expense of
the purchases, if the purchaser waives any delay in delivery occasioned thereby.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement
containing pertinent information relative to the Bonds, and said Official Statement
will serve as a nearly -final Official Statement as required by Rule L5c!2-12 of the •
Securities and Exchange Commission,
The Official Statement, when further supplemented by an addendum
or addenda specifying the maturity dates, principal amounts and interest rates of the
Bonds, together with any other information required by law, shall constitute a
"Final Official Statement" of the City with respect to the Bonds, as that term is
defined in Rule 15c2 -12. No more than seven business days after the date of the sale,
it shall provide without cost to the successful bidder 75 copies of the Official
Statement and the addendum or addenda described above. If the sale of the Bonds is
awarded to a syndicate, the City designates the senior managing underwriter of the
syndicate to which the Bonds are awarded as its agent for purposes of distributing .
copies of the Final Official Statement to each participating underwriter. Any
underwriter executing and delivering a bid form with respect to the Bonds agrees
thereby that if its bid is accepted by the City (i) it shall accept such designation; (ii) it
shall enter into a contractual relationship with all participating underwriters of the
Bonds for purposes of assuring the receipt by each such participating underwriter of
the Final Official Statement; and (iii) it shall provide .the City within two days after
the date of sale, all necessary pricing information and underwriter identification
needed to complete the Final Official Statement,
Information for bidders and bidding forms may be obtained from the
undersigned or from Ehlers and Associates, Inc., 2950 Norwest Center, 90 South 7th •
L
03/19/92 16;29 FAQ 6123402644 DORSITY WHITO �J012
Street, Minneapolis, Minnesota 5-%N, telephone: 6I2- 339 -8291, Financial
Consultants to the City.
Dated: March 24, 1992.
BY ORDER OF TFM CITY COUNCIL
Gary D. Flotz
City Administrator
City of Hutchinson, Minnesota
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03/19/92 16;33 FAX 6123402644 DORSBY ABITN9Y
4. Official Statement The City Administrator and other officers of the
City, in cooperation with Ehlers and Associates, Inc, financial consultants to the
City, are hereby authorized and directed to prepare on behalf of the City an official
statement to be distributed to potential purchasers of the Bonds. Such official
statement shall contain the statement of Terms and Conditions of Sale set forth in
paragraph 3 hereof and such other information as shall be deemed advisable and
necessary to describe accurately the City and the security for, and terms and
conditions of, the Bonds. The City Administrator is authorized on behalf of the City
to deem the Official Statement near "final" as of its date, in accordance with Rule
15c2- 12(b)(1) under the Securities Exchange Act of 1934.
Attest;
City Clerk
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Mayor
It►
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03/19/92 16:37 PAI 6123402644 DORSRY WBITNRY
The motion for the adoption of the foregoing resolution was duly
seconded by Member
following voted in favor thereof:
and the following voted against the same:
and upon vote being taken thereon, the
whereupon said resolution was declared passed and adopted and presented to and
approved by the Mayor, whose signature was attested by the City Administrator.
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9014
03/19/92 16:40 FAX 6123402644 DOR89Y WHITNEY @015
CERTIFICATE OF CITY ADMINISTRATOR 0
STATE OF MINNESOTA )
COUNTY OF MCLEOD ) ss.
CITY OF HUTCFHNSON )
I, the undersigned, being the duly qualified City Administrator of the
City of Hutchinson, Minnesota, hereby attest and certify that
1. As such officer, I have the legal custody of the original record from
Which the attached resolution was transcribed.
2 I have carefully compared the attached resolution with the original
record of the meeting at which the resolution was acted upon.
3. I find the attached resolution to be a true, correct and complete copy
of the original:
RESOLUTION NO.
RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 4; •
AUTHORIZING THE USE OF TAX INCREMENT ASSISTANCE FOR
FARMERS ELEVATOR ASSOCIATION
4. Said resolution remains in full force and effect in the form in which
adopted and has not been amended or repealed.
5. I further certify that the affirmative vote on said resolution was
ayes, a nayes, and _ absent /abstention.
6. Said resolution was adopted at a regular meeting which was duly
held, pursuant to cal.1 and notice thereof, as required.by law on March 24, 1992, and a
quorum was present at such meeting.
WITNESS my hand officially as such Administrator and the seal of
said City, this _day of 1992.
(Seal)
Gary D. Plotz
City Administrator
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03/19/92 16:44
FAI 6123402644
J� • J
moved its adoption:
DORSRY NR[iTIgY
introducer) the following resolution and
RESOLUTION NO. J W 0
RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 4;
AUTHORMNG THE USE OF TAX INCREMENT ASSISTANCE FOR
FARMERS ELEVATOR ASSOCIATION
BE rr RESOLVED by the City Council of the City of Hutchinson,
Minnesota (the "City") as follows:
1. Redtals. This Council acting under and pursuant to Minnesota
Statutes, Sections 469.124 to 469. 134, hss previously established Development
District No. 4 in the City (the "Development District"), and approved a
Development Program and amendments thereto (as so amended, the "Program ")
for the Development District The City has established a tax increment financing
district (the "Original Tax Increment District"), which includes substantially all of
the original area In the Development District Farmers Elevator Association (the
"Association ") is proposing the constructrion of a new feed mill on property located
in the Development District and the Original Tax Increment District which is owned
by the Association and has requested that the City use tax increment from the
Original Tax increment District to pay or reimburse the Association for certain costs
related to the construction of the new feed mill-
2 ARRrovgL5 The construction of the feed mill by the Association is
consistent with the objectives of the Program and the City hereby approves the use
of tax increment revenue to be derived from the Original Tax Increment District to
pay or reimburse the Association for the payment of up to $ 74 g� of the costs
of constructing the feed milt. The issuance by the City of bonds pursuant to
Minnesota Statutes, Section 469.178 to finance such costs is hereby authorized. The
City Attorney, is hereby authorized and directed to prepare a Development
Agreement between the City and the Association which provides for the
construction of the feed mill by the Association and setting forth the procedures for
the payment or reimbursement from tax increment by the City of the costs of the
feed mill approved hereby.
Passed by the Council this 24th day of March, 1992.
City Administrator
59M
ME,%
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03/19/92 16;47 FAI 6123402644 DORSITY WHITNEY 0017
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The motion for the adoption of the foregoing resolution was duly
following voted in favor thereof:
and the following voted against the same:
and upon vote being taken thereon, the
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, whose signature was attested by the City Administrator.
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M E M 0
DATE: March 19, 1992
TO: Gary D. Plotz, City Administrator
FROM: James G. Marka, Building Official,
RE: McDonald's Lakeview Terrace Manufactured Home Park - Storm Shelter
Attached is a copy of a letter from Ms. Loretta McDonald & Mr. Darrel McDonald,
requesting assurance that the City Council will continue to approve their storm
shelter for the park after improvements to the foundation and home are completed.
The concern is raised in response to the Design Standards for New and Dual
Purpose Storm Shelter Construction. As outlined in the attached memo dated May
16, 1988 from the State Building Inspector's Office, items such as professional
design and the pre -cast ceiling, etc., will not be provided.
However, the foundation reconstruction will be a dramatic improvement over the
previously approved site.
In my discussions with the State Department of Health and the Building Codes
Division, I have confirmed that approval of this request requires only City
approval.
I have discussed this matter with City Administration, including Police Chief
Madson and I believe the consensus is to approve the proposal as outlined by the
McDonald's request.
JGM /pv
CC: Marilyn (For Council Packet ),Z
Steve Hadson, Chief of Police
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks &Recreation
900 Harrington Street
(612) 587 -2975
Hiitchinson, Minnesota 55350
- Prm Md nn n.C.Clyd rnrr• -
Police Department
10 Franklin Street South
(612) 587 -2242
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City of Hutchinson
37 Washington Ave. W.
City Council
Hutchinson, MN. 55350
3 -13 -92
Gentlemen.
Darrel McDonald
Loretta McDonald
P.O. Box 580
1530 McDonald Dr.
Hutchinson, Mn. 55350
We live at 1530 McDonald Dr., at the present time our basement is approved by
the City of Hutchinson as a designated storm shelter for McDonald's Lakeview
Terrace Mobile Home Park.
We are intending to improve and enlarge the existing basement, and want to
verify that it will continue to be approved as a storm shelter, in the event •
that the State of Minnesota will require one.
The new basement will be constructed of 12" block, with reenforcenent every
3 feet, and the house will be bolted to the foundation. The basement has a
handicapped entrance and is adequate in size for the number of tenants in the
Park.
We will be awaiting your reply.
G
manager
CC: Jim Marka •
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WILDING C.ODSS AND
STANDARDS DIVISION
L-
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STATE OF MINNESOTA
DEPARTMENT Of ADMINISTRATION
SAINT PAUL
DATE: May 16, 1988
408 YSTRO SGUARS
7rN AND ROSSRT Sri.
ST. PAUL WIN MIOI
Flwn 612/29&MV
TO: Municipal Building Officials
FROM: Richard A. Brooks, Direct j5r►p���(JJJ�^^�'/"'•���
State Building Inspector
SUBJECT: Adoption of Rules for the Construction of Manufactured Home
Park Storm Shelters
Pursuant to Minnesota Laws, 1987, Chapter 195, the Commissioner of Administration
was required to adopt rules for minimum standards for the construction of low
cost manufactured home park storm shelters. All shelters constructed after
March 1, 1988, shall be constructed in accordance with these standards.
Chapter 195 amended Minnesota Statutes 327.20 Subdivision 1, regulating manufactured
home parks as administered by the Minnesota Department of Health. It is printed
on the reverse side of this letter.
A copy of the rules amending the Minnesota State Building Code are also attached
to this notice.
RAB:RIH:p
attachment
AN EQUAL OPPORTUNITY EMPLOYER
9 -F
CHArrn I/LNJAL w
Aar win.. past of l aaaap 1 r
PA o.a.s r an.. * .+anm Adr A. w.r.0 .........abt: w4a►1r .
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al cw"nl sea liaeued ado Me pmtoans of )27.10. 127.11. 327.14
In 327.22 Val4 among otba nap, pmeide for Ve WIDMq is the mach
haeiulla tpmhrd:
(1) A rewp ble onendm or mmuha dun be in else d retry maufa.
mmd bona park a onmalmal eMVrN area a tl tea, -M eLl asmmn
W part a w. and iu fsibl.m ad egwpment in a dm ordm4y and w tW
Cbbd +r In any manufutss bra prl eonuinia{ etorr thn 30 Ina. the
armdan4 wn'bsr. or oha Mooftuble pat anpbrie. sha be readily aeaila-
bb a an Timn in sow of eeairwy,
(2) AO mmuf cured beer parks VaE be wd droned Ord bt bawd on
Ow The dmkmp of Ibe park ara N w eb& W ae7 our rppt) No .rev
"W from wn.fmwed bomna reaeWmal ampy.tbirlm dap be depm
iwd m the wdL of the prouad All swap and other .um cLmed .ma
shaa be daeW rled into a manual so.aa tyel® .Anna a.ailaN. WbL-n a
mutrmpl snye sYSem a es mndaW a soap d sped syrrem acsepubw r
Orr auto mmmww or ha" and be pro.ided
(J) No mat.futared home real br Iotated eloaer thm thra far r tht rde
IN hnm d a manufa .rd bar part d the abw g propeay a mprvrad
PrOPMY. a dour that wa fan to a P bIw mraa a ant)- Ead md.,W" arlt
share obur a ba On a dnw.ay or dw .nngcupwd ran of m Ina that Id
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nary Then rKan b. an open ran of m lam at, fen teams Ve ode of
Wyccai manulaawed home edad.q U., soudmenm and a Lm thm bee
bn.sta monufwU d boron ahe parkO red r end rw spa bcl
marwfanumd hones may be red 6 rbr phbq of nsa wbdn aM abrr
prapertY. if da whcle m ot►a pupny a prtd m hat a fan boa Iba
n adluem maedaaarad how paN rm repaw.aa of tW per►
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nrvaa tin sop cb"W w bmw rbry ad adram or modamand boar
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tat at rodacertd boor part a nnt,YpN ernp" as
131
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9 -F
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Department of Administration
Adopted Permanent Rules Relating to Manufactured Home Park Storm Shelter Design
The rules proposed and puNishtd w .tare Regisrrr, Yulume 12. Numbur 241, pages 1030.1034. Kwemhrr 16. 19117 (12 S.R.
MY)) arc adtpted am pn*mcd.
1370.0100 PURPOSG
The purpose of parts 1370.0100 io 1370.0230 b a provide minimum sta lards of design and construction of buildings to provide
protection for manufacdaed bane part occupants foam sornadoes and extreme winds.
1370.0110 SCOPE.
Parts 1370.0100 In 1370.0230 apply to buildings or portions of buildings that are designed for use as manufactured home part
storm shelters_
1370.0120 DEFINITIONS.
Subpart I. Scope. The definitions in this part apply to parts 1370.0100 to 1370.0230.
Subp. 2. Storm shelter. `Storm shelter" means a structure or portion of a structure designed in compliance with pans 1370.0100
to 1370.0230.
Subp. 3. Dual purpose storm shelter. 'Dual purpose storm shelter" means a structure or portion of a structure designed for use
as a storm shelter and also designed for some other secondary permitted use.
Subp. 4. Single purpose storm shelter. "Single purpose stem shelter' means a structure designed for use only as a storm shehm
1370.0130 APPLICABLE REQUIREMENTS.
Subpart I. Incorporation by reference. "Interim Guidelines for Building Occupant Protection from Tornadoes and Extreme
Winds," TR -83A January 1980, sections I and 2, published by the Federal Emergency Management Agency, Washington, D.C., is
incorporated by reference and must be used to deicrmine design loads and as a guide for use in designing storm shelters. The
document is not subject to frequent change and is available (1) in the Minnesota State Law Liblary; (2) from the Printing and
Publications Division, Federal Emergc%y Management Agency, PO. Box 8181, Washington, D.G 20024; and from the Minnesota
Department of Public Sakr)X Division of Emergency Services, 85 Stet: Capitol. Stint Paul. Minnesota 3515t.
• Subp. 2. Dual purpose storm sbelters. A dual purpose storm shelter must comply with otlsez applicable requirements of the state
building code for its other intended uses.
1370.0140 PLANS, SPECIFICATIONS, PERMITS.
Storm shelter plans, engineering calculations, diagrams, and other required data must be prepared by a registered architect or
engineer licensed to practice in Minnesota. For permit procedures, tae section 304 of the Uniform Building Code, incorporated by
reference in parts 1305.0100 and 1305.0800.
1370.0150 SPACE REQUIREMENTS.
A minimum of feu square feet per person must be provided within a storm shelter. A ceiling height of not less than seven feet
must be provided over 60 percent of the floor area
1370.0160 REQUIRED EXITS.
Subpart 1. Exits, openings. At kast two exits must be provided in compliance with chapter 33 of the Uniform Building Cods:
The Second exit from a single purpose storm shelter may have an opening of at Jeast nine square feet with a minimum of 20 inches
in width and the bottom of the opening not more than 44 inches from the floor.
Openings in the exterior walls of the shelter must be protected to prevent flying missiles fran entering the interior of the "ter.
Subp 2. Handicapped access. At least one of the exits must empty with chapter 1340, 6cilities for the handicapped.
Subp. 3. Exit to exterior. When a portion of a structure is designed as a storm iliche uric exit must be directly to the exterior
of the building or so an exit system complying with she state building code.
1370.0170 DRY INTERIOR.
Provisions must be made to construct storm shelters outside of flood -prone area and other nonwater pending areas and so that
the interiors remain reasonably dry.
1370.0180 UTILITY LINE HAZARDS.
Hazardous utility lines must not be located in or neat a storm shelter The underground electrical service required by pan 1370.0200
is exempt from this requirement.
• 1370.0190 MINIMIZING FIRE DANGER.
Storm shelters must be constructed to minimize the danger of fire from both external and inie6a) sources.
1370.0200 ELECTRICAL POWER.
Underground electrical service must be pruvided to a storm shelter.
9F
1370.0210 ILLUMINATION. 0
Subpart 1. Minimum Illumination. At least five foot candles of illumination must bu provided of Moor level.
Subp. 2. Source. An emergency lighting system must be supplied from storage batteries or an an -site generator installed in
accordance with the requirements of the National Electrical Code, incorporated by reL-reuce io ehapW 1315.
1370.0220 VENTILATION.
Ventilation musr comply with the criterion on page nine of the interim guidelines incorporated in part 1370.CI30.
1370.0230 SANITATION FACILITIES.
Sanitation facilities and water for drinking arc not required for storm shelters.
•
•
DATE: March 19, 1992
TO: CITY COUNCIL
FROM: DOUG MEIER, MAINTENANCE OPERATIONS SUPERVISOR
SUBJECT: AUTHORIZATION TO ADVERTISE FOR BIDS
Request authorization to advertise for bids for the purchase of one (1)
used (1 year old rental return) or new grader for the Street Department.
The unit to be replaced is a 1972 Austin Western Grader. This unit is
obsolete and repair parts are extremely hard to get not to mention the
• high cost of said parts. The need to replace this piece of equipment
at this time is two -fold. First and foremost, the unit is no longer
dependable. Second, there is a considerable savings to be had if we
take advantage of one year rental returns which are available only
at this time of year.
Should the Council decide to wait and not bid this unit at this time,
I recommend the replacement of the grader be delayed until next year
when the rental returns would again be available.
• City Hall
37 Washington Avenue West
(612)587 -5151
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
Printed on recycled parer -
Police Department
10 Franklin Street South
(612) 587 -2242
9�
•
March 10, 1992
THE EVEREST GROUP LTD xg
Gary D. Plotz
City Administrator
City of Hutchinson
37 Washington Avenue
Hutchinson, MN 55350
West
'I_ ♦ -'<,
MAR 1�g2
REMV®
W
By Facsimile
1- 234 -4240
Re: Extension of Time for City Election on Liquor Store Lease
Dear Gary:
This letter will serve to confirm our recent discussion
• concerning the noted matter. I have confirmed with Doug
Driscoll that Erickson's Diversified Corporation is willing to
extend the time period for City election as to the liquor store
lease covered in Article 10 of the Development Agreement.
On that basis, this letter will serve to extend the election
date from March 23rd to April 1st, 1992. If there are questions
con- Cerning the foregoing o�— r if something further is required,
please feel free to call.
Best regards,
THE EVEREST GROUP, LTD.
6zok
C. William Franke
President
cc: Doug Driscoll
Greg Erickson
CWF /jk
•
2685 Long Lake Road
P.O. Box 130190 • Rosexille, NIN 55113
(612) 636 -55()0
9 -_T1
.. .. .. -. ... .... -�.. ..... _.tea ..� .r V... \. .... i. i. \.�.. ... •!'I.a\.....f...�JY.w�.!w .rl,M '�J•W- .1.41/v'.Y --. M..,
MAP018 '92 12:39 PAGE.002
•
CONDOMINIUM NO.
ERICKSON'$ DOWNTOWN REDEVELOPMENT CONDOMINIUM
DECLARATION
THIS DECLARATION is made this day of 1992, by
Erickson's Diversified Corporation, a Corporation under the laws of
the State of Wisconsin, fee owner, hereinafter referred to as
"Declarant ", pursuant to the provisions of Sections 515A.1 -101 to
515A.4 -117 of the laws of the State of Minnesota, which act is
known as the Minnesota Uniform Condominium Act, hereinafter
referred to as "Act ".
The purpose of this Declaration, in conformity with the Act,
is to submit the Property, as described below, now owned by
Declarant in fee simple, to the provisions of the Act.
RECITALS
FIRST. Declarant is the owner in fee of certain real
(the "Property ")
property
situated in the County of McLeod,
State of
• Minnesota, the legal description of the Property is as follows:
Lots 1, 2, 3, 4, and 5, Block 48; Jefferson
Street between First Avenue Northeast and
Washington Avenue (to be vacated by the City);
Lots 1 -10, Block 47 (including the alley
between First Avenue Northeast and Washington
Avenue, to be vacated by the City); that part
of Adams Street as platted in the Townsite of
Hutchinson, North Half, according to the
recorded plat thereof, described __follows:
Beginning at the NOrt east corner of Block 47
in said plat; thence South 0 degrees 38
minutes 02 seconds, assumed bearing, along the
East line of said Block 47 a distance of
222.98 feet; thence North 15 degrees 33
minutes 30 seconds East, a distance of 214.4
feet; thence North 74 degrees 26 minutes 30
seconds West, a distance of 62.18 feet to the
point of beginning; all of said property being
located within the original plat of the North
Half of Hutchinson, in McLeod County,
Minnesota; and that portion of the alley in
Block 48 between the North of said Block
48 and a line 12 feet South of t th line
of Lot 7 in Block 48, and the East 8.2 et__
of that portion of the alley extending between
•
the South line of Block 48 and a line 12 feet
South of the north line of Lot 7, Block 48 (to
be vacated by the City); all of said property
9 -l:
MAR. 18 192 12:39 PAGE.003
being located within the original plat of the
North Half Of Hutchinson, in McLeod County,
Minnesota.
SECOND. There shall be constructed on the Property one (1)
Principal Building, which shall contain two Units, together with
Common Elements and Limited Common Elements, as the same are
hereinafter defined, serving all or some of the Units.
THIRD, It is the intention and desire of Declarant to submit
and establish the Property and the improvements constructed thereon
as a condominium.
FOURTH. Declarant is the owns or controls the additional real
estate (the "Additional Real Estate ") adjacent to the Property
above described. The Additional Real Estate is located in McLeod
County, Minnesota and is legally described as:
The North 12 feet of Lot 7 and Lots 8, 9, and 10, Block 48, in
the North half of Hutchinson, McLeod County, Minnesota.
Declarant may elect, at its option, to add the above described
Additional Real Estate to this Declaration in accordance with the
terms hereof.
•
NOW, THEREFORE, Declarant hereby makes the following •
Declaration to which the Property and improvements thereon shall be
subject, hereby specifying that this Declaration shall constitute
covenants to run with the land and shall be binding on Declarant,
its successors, and assigns.
1. Dgfinitions. Words and terms used herein shall be defined
as follows, unless otherwise expressly stated to the contrary:
a. Act. The Minnesota Uniform Condominium Act, Sections
515A.1 -101 to 515A.4 -117 of the laws of the State of
Minnesota and acts amendatory thereof.
b. Unit. Each Unit of the Condominium generally shall
consist of an airspace, the outermost boundaries of which
shall be the facades of the outermost exterior vertical
walls of the Principal Building, and the midpoint of the
common wall between the Units, which boundaries are more
fully described on the Condominium Plat and shall
include:
1) If any chute, flue, duct, pipe, wire, conduit,
bearing wall, bearing column or any other
fixtures lie partially within and partially
outside of the designated boundaries of a
Unit, any portion hereof serving only that •
Unit is a Limited Common Element allocated
2
MAR•16 192 12:40 PAGE.004
• solely to that Unit, and any portion thereof
serving more than one Unit or any portion of
the Common Elements is a part of the Common
Elements.
2) Subject to the provisions of Section (2), all
spaces, interior partitions and other fixtures
and improvements within the boundaries of a
Unit are a part of the Unit.
3) Any shutters, awnings, window boxes,
doorsteps, stoops, porches, balconies, patios,
or other fixtures designated to serve a single
Unit, but located outside the Unit's
boundaries, are Limited Common Elements
allocated exclusively to that Unit.
4) Any lawn, patio, plaza or parking areas which shall
lie within the boundaries of a Unit.
The facade of the outermost exterior vertical walls of the
Principal Building constituting a part of a Unit shall be
deemed and defined to be within and part of said Unit.
• c. Association. Erickson's Downtown Redevelopment
Condominium Association, Inc., a Minnesota non - profit
corporation, incorporated under Chapter 317 of the
Minnesota Statutes, without capital stock and not for
profit, the sole voting members of which are owners of
Units.
d. Board of Directors. Initially, the persons named as
directors in the Articles of Incorporation of the
Association and all subsequent Boards of Directors
elected in accordance with the Bylaws of the Association.
e. Principal Building(s). The structure within which the
Units are contained as of the date of the recording of
the Declaration and any replacements thereof, some or all
of which may not be complete as of the date of recording.
Nonetheless, all references herein to "Principal
Building" contemplate its completion except as otherwise
Specifically stated to the contrary or manifested by the
context.
f. Bylaws. The Bylaws of the Association attached hereto as
Exhibit B. and made a part hereof by reference.
g. Common Elements. The Common Elements of the Condominium
• shall consist of those areas of the Condominium which are
not Units and shall include, but not necessarily be
3
MAR.18 '92 12:40
PAGE.005
limited to, the following:
•
1) Lots 1, 2, 3, 4, and 5,Block 48; 3efferson Street
between First Avenue Northeast and Washington
Avenue (to be vacated by the City); Lots 1 -10,
Block 47 (including the alley between First Avenue
Northeast and Washington Avenue, to be vacated by
the City); that part of Adams Street as platted in
the Townsite of Hutchinson, North Half, according
to the recorded plat thereof, described as follows:
Beginning at the Northeast corner of Block 47 in
said plat; thence South 0 degrees 38 minutes 02
seconds, assumed bearing, along the East line of
said Block 47 a distance of 222.98 feet; thence
North 15 degrees 33 minutes 30 seconds East, a
distance of 214.4 feet; thence North 74 degrees 26
minutes 30 seconds West, a distance of 62.18 feet
to the point of beginning; all of said property
being located within the original plat of the North
Half of Hutchinson, in McLeod County, Minnesota;
and that portion of the alley in Block 48 between
the North line of said Block 48 and a line 12 feet
South of the North line of Lot 7 in Block 48, and
the East 8.25 feet of that portion of the alley
extending between the South line of Block 48 and a
line 12 feet South of the north line of Lot 7,
•
Block 48 (to be vacated by the City); all of said
property being located within the original plat of
the North Half of Hutchinson, in McLeod County,
Minnesota.
and all fixtures and improvements thereon except
the Units, and including the Limited Common
Elements, and;
2) The pipes, wires, conduits, or other public
Utility lines running through a Unit which are
utilized for or serve more than that Unit;
3) Docks, trees, gardens, plazas, sidewalks,
grassy areas;
4) Installations of central services for use by
more than one Unit and all other parts of the
Condominium necessary or convenient to its
existence, maintenance and safety or normally
in common use or use by more than one Unit.
h. Co on 6x en Expenditures made or liabilities
incurred by or on behalf of the Association, together •
with any allocations to reserves.
4
MAR ' 1 8 '92 1 2 41
PAGE.006
• i.
Qondominium. Condominium shall mean the Property,
subsequent to the recording of this Declaration, portions
of which are designated for separate ownership and the
remainder of which is designated for common ownership
solely by the owners of those portions. As
used herein, the term "Condominium' shall be deemed to
mean Condominium No. Erickson Downtown
Redevelopment Condominium, the condominium created
hereby.
j.
Declarant. Erickson Diversified Corporation, a Wisconsin
Corporation, named as the owner of the Property at the
time this Declaration of Condominium is recorded.
k.
Declaration. This instrument, by which the Property is
submitted to the provisions of the Act, and as the same
shall exist as amended from time to time.
1.
First Mortgagee. Any person named as the mortgagee in
any mortgage deed granting a first mortgage lien upon the
fee simple title to any Unit unless otherwise expressly
stated elsewhere in this Declaration or the Act, each
First Mortgagee shall have the right to vote on the basis
of one vote per Unit financed on any matter on which it
•
has the right to vote.
M.
Condominium Plat. The Condominium Plat for Condominium
No. , Erickson Downtown Redevelopment Condominium
which is recorded simultaneously herewith and
incorporated herein by reference.
n.
Parking Lot. The Parking Lot shall be located as shown
on the Condominium Plat and shall be a Common Element.
o. Limited Common Element. A portion of the Condominium
which is not part of a Unit and which is reserved for the
use by a certain Unit or Units to the exclusion of other
Units is designated as a Limited Common Element. The
Limited Common Elements shall specifically include those
items referred to in Section 5 of this Declaration. The
Limited Common Elements are part of the Common Elements.
P. Majority. Fifty -one percent (51 %) or more of the votes
assigned in Exhibit A to the Units for voting purposes,
subject to the voting rights granted herein to First
Mortgagees.
q. Other Terms. As used in this Declaration or in the
Bylaws, words or terms shall have the meaning ascribed to
them in the Act unless otherwise defined herein or unless
• the context of this Declaration or the Bylaws requires
5
MAP 18 '92 12:42 PAGE.007
otherwise.
r. Owner. A person who either holds legal title to a Unit
or has equitable ownership as a land contract vendee.
s. Property. The real estate and improvements thereon
recited in the First Recital to this Declaration, being
located in the City of Hutchinson, County Of McLeod,
State of Minnesota.
t. Mules and Regulations. The Rules and Regulations of the
Association issued from time to time by the Board of
Directors in accordance with the Bylaws.
U. Person. A natural person, corporation, partnership, or
other legal entity, or any combination thereof.
V. Additional Real Estate. The following described real
estate located in McLeod County, Minnesota:
The North 12 feet of Lot 7 and Lots 8, 9, and 10, Block
48, in the North half of Hutchinson, McLeod County,
Minnesota.
2. Div n of P rt . Declarant, in order to establish a
plan of condominium ownership for the Property, hereby divides the
Property into two (2) separately designated and legally described
estates in fee simple absolute, each consisting of a condominium
Unit. Each Unit is further identified on the Condominium Plat
filed herewith. The ownership of each Unit shall include that
Unit's undivided interest in the Common Elements specified and
established in Exhibit A attached hereto, and the Limited Common
Elements as shown on the Condominium Plat or otherwise described in
this Declaration.
3. Statutory Requirements. The statutory requirements for
the contents of a Declaration specified in Section 515A.2 -105 of
the Act are set forth in this section, on the Condominium Plat, and
elsewhere in this Declaration.
a. The name and the address of the Condominium is
Condominium No. , Erickson Downtown Redevelopment
Condominium, being located in the City of Hutchinson,
County of McLeod, State of Minnesota.
•
•
b. The Condominium is situated in McLeod County, Minnesota, •
and is legally described as:
0
MAR. 18 192 12:42
PAGE.006
C. The Units are described in Paragraph 1(a) above and as
shown on the Condominium Plat.
d. The allocation Of Limited Common Elements to each of the
Units is described in Section 5 of this Declaration and
indicated on the Condominium Plat.
e. The Condominium Plat required by Section 515A.2 -110 of
the Act is filed herewith.
f. Each Unit shall be allocated an undivided interest in the
Common Elements, the percentage of which are as follows:
Unit 1 41,000 square feet 87.8%
Unit 2 5,720 square feet 12.2%
The obligation for payment of the Common Expenses of the
Association, and the votes in the Association shall be
allocated in accordance with the foregoing percentages.
As permitted by Section 515A.2 -108 of the Act, the
Association may assess any future Common Expense
benefiting less than all of the Units against the Units
benefitted. in such cases, the expenses shall be
• allocated among Units benefitted in proportion to their
liability for Common Expenses. Any Common Expense
7
Lots 1, 2, 3, 4, and 5, Block 48; Jefferson Street between
First Avenue Northeast and Washington Avenue (to be
vacated by the City); Lots 1 -10, Block 47 (including the
alley between First Avenue Northeast and Washington
Avenue, to be vacated by the City); that part of Adams
Street as platted in the Townsite of Hutchinson, North
Half, according to the recorded plat thereof, described
as follows: Beginning at the Northeast corner of Block
47 in said plat; thence South 0 degrees 38 minutes 02
seconds, assumed bearing, along the East line of said
Block 47 a distance of 222.98 feet; thence North 15
degrees 33 minutes 30 seconds East, a distance of 214.4
feet; thence North 74 degrees 26 minutes 30 seconds West,
a distance of 62.18 feet to the point of beginning; all
of said property being located within the original plat
of the North Half of Hutchinson, in McLeod County,
Minnesota; and that portion of the alley in Block 48
between the North line of said Block 48 and a line 12
feet South of the North line of Lot 7 in Block 48, and
the East 8.25 feet of that portion of the alley extending
between the South line of Block 48 and a line 12 feet
South of the north line of Lot 7, Block 48 (to be vacated
by the City); all of said property being located within
the original plat of the North Half of Hutchinson, in
•
McLeod County, Minnesota.
C. The Units are described in Paragraph 1(a) above and as
shown on the Condominium Plat.
d. The allocation Of Limited Common Elements to each of the
Units is described in Section 5 of this Declaration and
indicated on the Condominium Plat.
e. The Condominium Plat required by Section 515A.2 -110 of
the Act is filed herewith.
f. Each Unit shall be allocated an undivided interest in the
Common Elements, the percentage of which are as follows:
Unit 1 41,000 square feet 87.8%
Unit 2 5,720 square feet 12.2%
The obligation for payment of the Common Expenses of the
Association, and the votes in the Association shall be
allocated in accordance with the foregoing percentages.
As permitted by Section 515A.2 -108 of the Act, the
Association may assess any future Common Expense
benefiting less than all of the Units against the Units
benefitted. in such cases, the expenses shall be
• allocated among Units benefitted in proportion to their
liability for Common Expenses. Any Common Expense
7
MAR 16 '92 12:43
PAGE.009
associated with the maintenance, repair, or replacement
Of a Limited Common Element shall be assessed against the
Unit or Units to which the Limited Common Element was
assigned at the time the expense was incurred in
proportion to the Common Expense liabilities, with the
exception of expenses related to or arising from the
location of easements for drainage and utilities serving
more than one Unit or for the benefit of adjacent lands.
Expenses related to or arising from such easements shall
be a Common Expense notwithstanding the fact that such
easement area is located within a Limited Common Element.
In the event that the Additional Real Estate is added to
the Property, liability for Common Expenses, the
Percentage interests assigned to Units and the votes in
the Association shall be reallocated in accordance with
Section 2 j (4) below.
g. The Condominium is not subject to an ordinance of the
kind described in Section 515A.1 -106 of the Act.
h. There are no restrictions on the use or Occupancy and
alienation of the Units except as explicitly set forth in
this Declaration or by operation of law or by separate
written agreement between Unit Owners.
i. Declarant shall be permitted to subdivide or convert •
Units owned by Declarant into not more than three (3)
additional Units. The maximum number of Units shall be
six (6) Units.
Flgxlble Condominium.
(1) Declarant's Option to add Additional Real Estate.
Declarant expressly reserves the right and option to add
the Additional Real Estate Described in section 1(v)
above to the Property under the authority of the Act and
pursuant to the following terms and conditions. Nothing
contained herein shall be deemed to require Declarant to
exercise this right or option and Declarant specifically
disclaims any representation or warranty that it is
obligated to add the Additional Real Estate or otherwise
to expand the Property or improve land adjoining the
Property. Nothing contained in this Declaration shall
preclude Declarant from developing the Additional Real
Estate as a separate parcel independent of the Property.
(2) Time Limitations. The option to add the Additional
Real Estate shall lapse if not exercised prior to the
earlier of the following;
(a) the expiration of seven (7) years from the •
date of recording of this Declaration; or
MAR 18 '92 12:44 PAGE.010
• (b) the recording or a written waiver and
surrender of such option and right by the
Declarant.
(3) other LiMitall,000 Of 00tign. There are no other
limitations upon Declarant's option and right to add the
Additional Real Estate other than such limitations as may
otherwise be imposed by law.
(4) Reallocation of Common Exoenses, voting rights and
percentage interests. If any Additional Real Estate is
added to the Property, the Common Expenses, percentage
interests and voting rights will be reallocated according
to the square footage contained in all Units which exist
following the addition of the Additional Real Estate.
(5) Timing. In the event that the Additional Real
Estate is added to the Property, such addition shall
occur at one time and no partial addition of the
Additional Real Estate shall be made.
(6) Maximum Number of Units. The maximum number of
Units which may be created within the Additional Real
Estate shall be 2 Units. None of said Units shall be
restricted to residential use.
• (7) Architectural Style and Construction. No assurances
are given by the Declarant that the architectural style,
quality of construction, principal materials employed in
construction and size of the Units constructed upon the
Additional Real Estate will be compatible with those of
the Units constructed upon the Property.
(8). Restrictions. All restrictions contained in this
Declaration affecting the use, occupancy and alienation
of units shall apply to units created in the Additional
Real Estate.
(9) Improvements and Common Elements. The development
of the Additional Real Estate, if added to the property,
will consist in the construction of not more than two
buildings of a size and configuration to be determined
consistent with requirements otherwise prescribed by law
together with Common Elements consisting of parking
areas, driveways, sidewalks and other improvements as
provided in Section 1(i) above.
(10) Limitation of Assurances. in the event that the
Additional Real Estate is not added to the Property, any
assurances made in this Declaration with respect to the
• Additional Real Estate shall not apply and Declarant
shall be under no subsequent obligation or limitation
9
rn�Q . I
with respect to the subsequent development or sale of the
Additional Real Estate.
(11) Method of Adding Additional Real Estate. The
Additional Real Estate may be added by the Declarant by
service of the notice required by Section 515A.2 -111 of
the Act upon each Owner and the Association and by
compliance with all of the other requirements of the Act
applicable thereto.
4. Amendment and Termination.
a. Except as otherwise specifically provided in this
Declaration and by Section 515A.2 -119 of the Act, and
other applicable provisions of the Act referred to in
sub- section (a) of said section, this Declaration may be
amended by a vote or written agreement of Owners to which
at least $ of the votes of the Association are
31100ated and _4 of the First Mortgagees of the Units
(each First Mortgagee having one vote per Unit financed).
No amendment shall be effective until recorded in the
office of the County Recorder for McLeod County,
Minnesota. An affidavit of the Secretary of the
Association stating that the votes or agreements required
by this paragraph have occurred shall be attached to the
amendment and shall constitute prima facie evidence of
the representations contained therein. •
b. Notwithstanding the foregoing Article 4(a), the following
provisions of the Declaration shall not be modified or
amended without the consent of 100* of the owners:
i. Article 5;
ii. Article 7, subsections a,b,f,g,h, and j;
iii. Article 8 a;
iv. Articles 9 through 16;
V. Any provision which creates or defines rights
in the common elements or affects the percentage
interests therein.
C. Notwithstanding the foregoing paragraph, the Condominium
may only be terminated as provided in Section 515A.2 -120
of the Act, with the qualification, however, that the
applicable percentage referred to in Section
515A.2- 120(a) shall be t (_) rather than 801.
d. For purposes of this Article 4, Declarant shall include
10 •
MAR •18 '92 12:45
PAGE .012
• any affiliates of Declarant as defined in Minnesota
Statutes 515A.103 Subd. (2) and any purchaser of a Unit
from Declarant principally engaged in the business of
developing real estate.
5. Allocation of Limited Common Elements. The entryways,
loading docks and trash enclosures serving a Unit shall be a
Limited Common Element allocated to the Unit so served, as shall be
other areas designated as Limited Common Elements on the
Condominium Plat. There shall be no Other Limited Common Elements.
6. General Description. The Condominium consists of one (1)
Principal Building containing two (2) condominium Units, as more
fully described on the Condominium Plat.
7. Certain Covenants; Other _Restrictions as to Use.
Declarant, its successors and assigns, by this Declaration, and all
future Owners, and all holders of an interest for security, by
their acceptance of their interest in the Condominium, agree as
follows:
a. If, in fact, there is a minor encroachment of the Common
Elements or the Limited Common Elements upon any Unit, or
any Unit upon another, an appurtenant easement for the
encroachment and for the maintenance thereof, so long as
•
it remains, shall and does exist. If, in fact, there is
a minor encroachment of any Unit upon the Common or
Limited Common Elements or upon any adjoining Unit, an
appurtenant easement for the encroachment and for the
maintenance thereof, so long as it remains, shall and
does exist. In the event any of the improvements are
partially or totally destroyed and then restored, there
shall be permitted minor encroachments of parts of the
Common Elements or the Limited Common Elements and of any
Unit upon other Units and of any Unit on the Common
Elements, and appurtenant easements for such
encroachments and the maintenance thereof shall exist.
Such encroachments and easements shall not affect
marketability of title to any Unit.
b. Units are subject to and shall include an appurtenant
easement through Common and Limited Common Elements for
access to and maintenance and repair of the Units and
Common and Limited Common Elements as provided herein.
C. Owners of Units shall by virtue of such interest be
members of'the Association. When one or more persons own
a Unit, all such persons shall be members, provided,
however, that the vote allocated to each Unit may not in
any event be split or otherwise cast separately by the
•
several Unit Owners of any such Unit.
11
FAGE.013
d• The administration of the Condominium shall be in •
conformity with the Act, this Declaration, the Bylaws and
Rules and Regulations promulgated by the Association.
e. Each Owner or occupant of a Unit shall comply with the
provisions of the Act, this Declaration, the Bylaws and
Rules and Regulations of the Association as amended from
time to time. Failure to comply with any such
provisions, Rules or Regulations shall be grounds for an
action to recover damages, or for injunctive relief by
the Association or in a proper case by an aggrieved
Owner.
f. No Owner may exempt itself from liability for its
contribution toward the Common Expenses by waiver of the
use or enjoyment of any of the Common Elements or by the
abandonment of its Unit.
g• Each Owner shall have an easement over and across the
Common Elements for the purposes of completing
improvements to the Unit and any further additions or
corrections thereto or replacements or repair thereof.
Each Owner, in the use of such easement over the Common
Elements shall use all reasonable efforts to prevent or
minimize disruption of vehicular and pedestrian traffic
over and across the Common Elements and shall promptly
repair., replace or restore any portions of the Common •
Elements damaged by the use of such easement.
h. The Declarant shall have the right to complete the
improvements on the Condominium Plat pursuant to Sections
515A.2 -110 of the Act and the easement through the Common
Elements described in Section 515A.2 -118 of the Act.
i. No Unit or any portion thereof may be used for
residential purposes.
j. Subject to the right and responsibility of Unit Owners to
maintain, repair and improve the Limited Common Elements
as provided in Section 8(e) below, no improvements or
alterations shall be made to the Common Elements except
upon the prior approval of the Board.
8. Im r vements &n5l Alterations to Vnits and Common Elements.
Improvement and
alteration of the Units and Common Elements shall be subject to the
following terms and conditions:
a. No visible improvements or alterations shall be made to
the exterior of any Unit or the Principal Building (including
the Limited Common Elements) following the completion of their
original construction except as expressly stated herein or •
12
MAR .16 92 12 a6
PAGE .014
• upon prior approval of the Association. The Association's
consent shall be requested by a written application submitted
by the Unit Owner to the Board of Directors, which application
shall contain adequate plans and specifications to describe
the nature of the proposed improvements or alterations.
Unless the Board of the Association gives the Unit Owner
notice denying or conditioning its consent within thirty (30)
days after delivery of the application, the consent shall be
deemed granted.
b. A Unit Owner intending to make alterations to a Unit or
Principal Building which requires prior approval by the Board,
shall furnish the Association with adequate assurances that
the Unit Owner will indemnify and hold harmless the
Association and other Unit Owners from mechanics' liens or
other claims arising from such alterations or modifications.
The Board may also require that a Unit Owner provide a deposit
or other assurance that any removed or altered common element
will be repaired and restored as required by the Board.
C. The restrictions contained in this subsection relative to
the alteration of the exterior of the Units or Principal
Building shall include the placing of any signs or awnings.
d. Board approval shall not be required with respect to the
construction of tenant improvements or interior remodelling
• located entirely within a Unit.
e. Unless otherwise agreed by the Board with the consent of
the holders of not less than I of the votes of the
Association, a Unit Owner shall be responsible for providing
for the maintenance, repair and improvement of the Limited
Common Elements designated for the sole use of such Unit upon
the Condominium Plat. Such Owner shall be entitled to make
direct contractual arrangements for provision of, and payment
for, labor and materials required in connection with the
maintenance, repair and improvement of such Limited Common
Elements and shall promptly pay for all such labor and
materials and allow no mechanic's liens to attach to the
Common Elements as a result thereof. In the event that any
Unit Owner shall permit a mechanic's lien to attach to the
Common Elements as a result of labor or materials done or
provided at the request of such owner, the Board shall have
the right to pay and compromise any such lien claim and to
assess all costs incurred in so doing, including the
settlement payment and reasonable attorney's fees and costs,
as a common expense assessment allocable solely to the Unit to
which such Limited Common Elements are allocated. In the
event that such assessment is not paid when assessed, the
Association shall have all rights of collection provided
herein with respect to collection of common expenses.
• Notwithstanding the foregoing, an Owner shall not be required
13
MAR-18 '92 12:47
PAGE. 015
to pay, discharge or remove any lien, encumbrance or charge •
referred to in Article S(e) hereof and the Association shall
refrain from enforcing its right of assessment and collection
thereof so long as such owner:
i. Shall contest in good faith the existence or amount
thereof, the amount of damages caused thereby or the
extent of its liability therefor, by appropriate
proceedings which shall operate during the pendency
thereof to prevent:
(aa). The collection of or other realization upon
the tax assessment charge or lien,
encumbrance, or charge so contested;
(bb). The sale, forefeiture, or loss of the Common
Elements affected or encumbered thereby or any
part thereof; and
(cc). Any interference with the use or occupancy of
the Common Elements or any part thereof; and
ii. Shall give such security to the Owners Association as may
be reasonably required by the Association to insure
compliance with the foregoing provisions.
9. Subordination of Assessment Lien. All sums assessed by •
the Association for Common Expenses (including those fees, late
charges, and interest charges, pursuant to Section 515A.3- 102(8),
(9), and 11 of the Act) shall constitute a lien on each Unit and
its share of the Common Elements and the Limited Common Elements
belonging to particular Units on the effective dates specified in
the Bylaws in the percentage set forth in Section 3(f) hereof.
Such liens shall be prior to all other liens except only:
a. Liens and encumbrances recorded before the recordation of
this Declaration;
b. Liens for real estate taxes and other governmental
assessments or charges against the Units; and,
C. Any recorded mortgage on a Unit securing a first mortgage
holder, whether recorded before or after the assessment
lien arises,
Such lien may be foreclosed in like manner as a foreclosure of
a mortgage of real property containing a power of sale, except that
the period of redemption for Unit Owners shall be six months from
the date of sale. Each Owner at the time of the assessment to the
extent permitted by law shall be severally liable for any
deficiency judgment, including the costs of collection, foreclosure •
and reasonable attorneys' fees. The Association shall notify each
14
MAR 18 192 12:48
UL-144W=)R-1
• First Mortgagee of any default in the payment of an assessment
which is uncured for more than thirty (30) days. Before commencing
any such foreclosure action, the Association shall notify by
writing any first mortgage holder of the intended action. The
Association shall have the power to bid in at foreclosure sale and
to hold, lease, mortgage and convey the Unit so acquired. An
action to recover a money judgment for unpaid Common Expenses may
also be brought.
10. Extinguishment of Lien on Foreclosure. The purchaser at
a foreclosure sale of a Unit and its successor in interest shall
upon expiration of the applicable period of redemption hold title
to the Unit free and clear of any lien for assessments payable
prior to the expiration of the applicable period of redemption, and
any such purchaser and its successor in interest shall not be
personally liable for assessments payable prior to the expiration
of the applicable period of redemption. A First Mortgagee who
comes into possession of the Unit by foreclosure or by virtue of a
deed or assignment in lieu of foreclosure shall hold title to the
Unit free and clear of any lien for assessments payable prior to
the expiration of the applicable period of redemption, or the date
of recordation of the deed in lieu of foreclosure, and any such
holder or its successors in interest shall not be personally liable
for assessments payable prior to the expiration of the applicable
Period of redemption.
is 11. Leases. There shall be no restrictions on leases for the
Units, provided that each such lease shall contain a specific
Provision subordinating its terms to the terms and provisions of
this Declaration and obligating the tenant to perform and abide by
the obligations and restrictions placed upon persons occupying
and /or using a Unit or any portion of the Condominium.
12. Eminent Domain. All matters concerning the effect of
eminent domain providing against a portion of the Condominium shall
be governed by Section 515A.1 -107 of the Act. In the event the
entire Condominium is acquired by eminent domain, the Condominium
shall terminate.
13. Damage to Condominum.
a. If all or any portion of the Condominium which is
required to be insured by the Association pursuant to
Section 16(a) of this Declaration is damaged or
destroyed, the damaged or destroyed portion shall be
Promptly restored unless:
1. The Condominium is terminated and the
Association votes not to repair or replace all
or part thereof;
• 2. Repair or replacement would be illegal under
15
MAR ]e 192 12:49 PAGE.017
any state or local health or safety statute or
ordinance, or,
3. Eighty percent (80 %) of the Unit Owners,
including every Owner and First Mortgagee of a
Unit or assigned Limited Common Element which
will not be rebuilt, vote to not rebuild.
Any such restoration and repairs shall be substantially
in accordance with this Declaration and the.Condominium
Plat.
If the proceeds of insurance are not sufficient to defray
the estimated or actual costs of restoration, which costs
shall be a Common Expense, special assessments shall be
made against all Units in sufficient amounts to provide
funds to pay the estimated or actual costs of
restoration.
The Association shall obtain a construction contract for
the repair of the damaged property, signed by the general
contractor selected by the Association and setting forth
the cost to place the damaged property in condition
substantially the same as that before the damage. Such
costs may include professional fees and premiums for such
bonds as the Association deems necessary.
The funds for payment of costs of reconstruction and
repair which shall consist of proceeds of insurance and
funds collected by the Association from assessments
against Owners held by the escrow agent, shall be
disbursed in payment of such costs in such reasonable and
prudent manner as the Association shall determine.
1) if there is a balance in the construction fund
after completion of reconstruction and repair,
it shall be allocated to the Unit Owners and
First Mortgagees in the manner required by
Section 515A.3- 112(g) of the Act.
2) The Association is hereby designated and
appointed as authorized agent for each
and every Unit Owner for the purpose of
negotiating and agreeing to any
settlement as to the value and extent of
any loss which may be covered under any
policy of casualty insurance which is
maintained by the Association pursuant to
Section 16(a) of this Declaration, and is
granted full right and authority to
execute in favor of any insurer a release
of liability arising out of any
W
occurrence covered by any policy of
insurance, subject to the rights of any
First Mortgagee.
b. If all or any portion of the Condominium which is
required to be insured by the individual Unit Owners
pursuant to Section 16(b) of this Declaration is damaged
or destroyed, the damaged or destroyed portion shall be
Promptly repaired or replaced by the Unit Owner unless:
1. The Condominium is terminated and the
Association votes not to repair or replace all
or part thereof.
2. Repair or replacement would be illegal under
any state or local health or safety statute or
ordinance; or
3. The Unit Owner determines not to repair or
replace the Unit, in which case the Unit Owner
shall promptly demolish the Principal Building
and any other improvements appurtenant thereto
at such Owner's expense and shall landscape
and restore the surface of the ground within
the Unit and any improved Limited Common
Elements to a safe and sightly condition and
• thereafter maintain the same in such
condition, without prejudice to the Unit
Owner's right to reconstruct.
C. Encroachments upon or in favor of Units which may be
created as a result of such reconstruction or repair
shall not constitute a claim or basis of a proceeding or
action by the Owner upon whose property such encroachment
exists, provided that such reconstruction was either
substantially in accordance with the original plans and
specifications or substantially as the building was
originally constructed. Such encroachments shall be
allowed to continue in existence for so long as the
building stands.
14. Upkeep of the Condominium. Except to the extent otherwise
provided in this Declaration, the Association shall be responsible
for the maintenance, repair, and replacement of the Common Elements
and each Unit Owner shall be responsible for the maintenance,
repair, and replacement of its Unit and any Limited Common Elements
allocated to that Unit. Each Unit Owner shall afford to the
Association and the other Unit Owners, and to their agents or
employees, access through its Unit reasonably necessary for those
purposes. If damages inflicted upon the Common Elements or any
Unit through which access is taken, the Unit Owner responsible for
• the damage, or the Association if it is responsible, shall be
17
nn- ca �c ic•.JU -... .. ... NNGt.N16
liable for the prompt repair thereof. •
15. Bights of First Mortgagees. Any amendment to this
Declaration which restricts the rights granted by this Declaration
to any First Mortgagee or deals with the subject matter as an
amendment as hereafter described shall, in addition to the required
vote of the Unit Owners, also require the written consent of all of
the First Mortgagees, to -wit:
a. Any amendment which changes the method of determining the
obligations, assessments, dues or other charges which may
be levied against an Owner, including specifically the
ratio of assessments against Owners other than a
reallocation required after additional real estate is
added to this Declaration;
b. Any amendment which releases the Association from its
duty to rebuild with insurance proceeds Section 13 or its
duty to maintain as provided in Section 14;
C. Any amendment na autnori n ai iffooition to
abandon, partition, subdivide, encumber, mortgage, sell
or transfer the property or improvements thereon; and
in the event of a default in the terms of this Declaration,
the Bylaws or other Rules and Regulations, including payment of •
accounts by an Owner, provided such default has not been cured
within thirty (30) days from the date of the default, the
Association agrees to give notice of such default or event to the
First Mortgagee of the Owner who has committed or permitted the
default or all First Mortgagees, if there is a casualty loss or
condemnation. Such notice shall be given to the First Mortgagee by
mailing the same postage prepaid to the last known address of the
First Mortgagee.
First Mortgagees shall have the right to examine the books and
records of the Association during regular business hours upon
reasonable notice, which shall not be less than five (5) days.
Upon the written request of any First Mortgagee, and at such First
Mortgagee's expense, the Association shall provide copies of the
Association's annual financial reports and notices of annual
meetings. A representative of the First Mortgages shall also be
entitled to attend any annual or special meetings of the
Association's members.
The provisions of this Section 15 shall prevail over any other
Provision of this Declaration or the Bylaws, and in the case of
conflict or inconsistency with any other provision, the provisions
hereof shall prevail.
16. insurance. The insurance which shall be carried upon the •
Condominium shall be governed by the following provisions:
35'
E
0
•
MAR' 1 6 '92 12:50
PAGE.020
a, The Association shall obtain and maintain insurance in
the amount of the full insurable replacement cost of the
Common Elements of the Condominium, with the exception of
Limited Common Elements allocated to just one individual
Unit against loss or damage by fire, wind (including
so- called "all risk coverage "), vandalism, malicious
mischief, water damage, all Other risks of direct
physical loss, and such other perils as the Board of
Directors may determine.
b. All policies of insurance required by this section shall
contain waivers of subrogation and waivers of any defense
based on co- insurance or of invalidity arising from any
acts of the insured and shall provide that such policies
may not be cancelled or substantially modified without at
least 30 days' prior written notice to all of the
insureds and all of the First Mortgagees. Such policies
shall also contain the requirements specified by Section
515A.3- 112(c) of the Act. If the Association shall fail to such
to pay currently the premiums due with respect of such
insurance, any First Mortgagee may make payment
due premiums, and such payment by any First Mortgagee
shall be a sum immediately due and owing by the
Association to such First Mortgagee, together with
interest at the highest rate allowed by law, not to
exceed 4% in excess of the base rate established by First
Bank Minneapolis, N. A., from the date of payment of the
money by the First Mortgagee to the date of reimbursement
by the Association. Any First Mortgagee shall have the
right to sue upon and enforce the foregoing covenant for
its benefit in the event that it shall advance money for
the benefit of the Association and the property and it
shall not be necessary that any separate agreement exist
which is signed by the Association and the First
Mortgagee advancing funds. The Association is authorized
to enter into a separate agreement in favor of all First
Mortgagees, which shall further authorize the First
Mortgagee to secure its own replacement policy in the
event it should determine it to be undesirable to
maintain in force the insurance policy held by the
Association.
c. Each Unit shall obtain and maintain insurance in the
amount of the full insurable replacement cost of such
Unit, any Principal Building located therein or thereon
and Limited Common Elements allocated solely to it
insuring the same against loss or damage by fire, wind
(including so called "all risk coverage "), vandalism,
malicious mischief, water damage and such other perils as
the Board of Directors may determine, including general
liability coverage.
19
MAR 118 192 12:51
PAGE .021
d. The Association shall also obtain and maintain public .
liability insurance of at least $1,000,000.00, and
specific coverages as the Association may from time to
time determine, insuring each member of the Association
and its Board of Directors and such other persons as the
Board of Directors may determine covering the occurrences
referred to in Sections 515A.3- 112(2) of the Act. So
long as Declarant shall have any interest in any portion
of the Condominium, Declarant shall be an additional
insured under all liability insurance policies carried by
the Association.
e. The Association shall also obtain and maintain workers
compensation insurance as required by laws relating
thereto.
f. The Association shall have the authority to obtain and
maintain such other insurance as it, in its sole
discretion, may determine from time to time to be in the
best interests of the Association and the Owners.
g. The Association shall obtain fidelity bond coverage for
any person or entity handling funds on behalf of the
Association naming the Association as obligee in an
amount equal to 150% of the estimated annual operating •
expenses of the Condominium, including reserves.
h. All insurance premiums shall be paid by the Association
as a Common Expense.
i. An insurance policy issued to the Association shall not
prevent a Unit Owner from obtaining insurance for its own
benefit.
j. An insurer that has issued an insurance policy under this
section shall issue certificates or memoranda of
insurance, upon request, to the Association, to any Unit
Owner, or holder of an interest as security for an
obligation.
17. Waiver of Articl of the Apt. Pursuant to Section
515A.4- 101 (a) of the Act, Declarant for itself, and its respective
successors and assigns, does hereby waive the applicability of
Sections 515A.4 -102 through 515A.4 -117 of the Act, and all
purchasers of Units' in the Condominium shall be deemed to have
waived the applicability of said sections. This waiver is made in
view of the fact that all of the Units of the Condominium are
restricted to non - residential use.
18. Severabilit9. The provisions hereof shall be deemed is
20
MAR Is '92 12:52
PAGE.022
• independent and severable, and the invalidity or partial invalidity
or unenforceability of any other provision or portion thereof as
may be determined by a court of competent jurisdiction shall not
affect the validity or enforceability of any provision hereof. The
singular shall be deemed to include the plural wherever
appropriate; and unless the context clearly indicates to the
contrary, any obligation imposed shall be joint and several.
19. Gender. As used herein, the male gender shall include the
female gender, to the extent that the context so requires.
is
•
20. E�stopoel Certificates. The Association and each Owner
will from time to time upon written request by an Owner certify to
such requesting Owner, or to any party or parties designated by it,
whether this Declaration and attached Bylaws of the Association are
in full force and effect, whether there has been any amendment
thereto, whether the Association or Owner has knowledge Of any
default by any party under the terms of this Declaration and
attached Bylaws, and to such other things and matters relating to
the Declaration and Bylaws as may be reasonably requested.
IN WITNESS WHEREOF, Declarant has caused this Declaration to
be executed the day and year first above written.
ERICKSON DIVERSIFIED CORPORATION,
a Wisconsin Corporation
By
STATE OF MINNESOTA )
ss
COUNTY OF )
is
The foregoing instrument was acknowledged before me this
day of 1992, by
of Erickson Diversified
Corporation, a Wisconsin Corporation, on behalf of said
Corporation.
Notary Public
21
MAR •18 192 12:52
THIS INSTRUMENT WAS DRAFTED BY:
Glenn A. Bergman
PETERSON, FRAM G BERGMAN
Professional Association
300 Midwest Federal Building
St. Paul, MN 55101
Telephone: (612) 291 -8955
22
PAGE.023
MHR•16 '62 12:53 FAGE.024
• EXHIBIT C TO DECLARATION
CONDOMINIUM NO.
Erickson Downtown Redevelopment Condominium
Bylaws
2f
Erickson Downtown Redevelopment Condominium Inc
A Non - Profit Corporation Organized
Under the Laws of the State of Minnesota
1. Identity. These are the Bylaws of a Minnesota non - profit
corporation (hereinafter called the "Association "), the
Articles of Incorporation of which were filed in the office of
the Secretary of State on 1992, and are
subject to the Declaration for Condominium No. ,
Erickson Downtown Redevelopment Condominium (hereinafter the
"Declaration "). The Association has been organized for the
purpose of administering Condominium No. , Erickson
Downtown Redevelopment Condominium, (hereinafter the
"Condominium ") a condominium organized under the Minnesota
Uniform Condominium Act (hereinafter the "Act ").
• For purposes of these Bylaws, terms specifically defined in
the Declaration shall have the meaning ascribed therein, and
if not defined therein, as defined in the Act.
2. Members. The qualifications of Members and the manner of
their admission into the Association shall be as follows:
a•
Owners. Each Owner of an interest in a Unit in the
Condominium shall by virtue of such Ownership be a
Member of this Association.
b. More Than one. when more than one person owns an
interest in a Unit, each such person shall be a
Member.
C. Registration. It shall be the duty of each Owner
of an interest to register its name and the nature
Of its interest with the Secretary of the
Association. If the Owner of an interest does not
register its interest, the Association shall be
under no duty to recognize such Owner's interest.
d. Transfers. The share of a Member in the funds and
assets of the Association cannot be assigned,
pledged, encumbered or transferred in any manner,
• except as an appurtenance to a Unit.
23
MAR 16 '92 12:53
PAGE. ©25
3. Members' Meetinas -- Voting. •
n. First M n . The first meeting of the Members
shall be held at the call of the President, the
Vice President or by the first Board of Directors
as soon as is convenient after the first meeting of
the Directors, and in any event, the first meeting
of Members shall be held within one year from the
date the Declaration is filed for record in McLeod
County, Minnesota.
b. Annual Meetings. Annual meetings of the Members
shall be held at such time and place as is
specified by the Board of Directors for the purpose
of electing a Board of Directors and transacting
any other business authorized to be transacted by
the Members. The date, time and place of the
annual meeting may be changed by majority vote of
the Members entitled to vote.
C. Special Meetings. Special meetings of the Members
may be called at any time by the President, the
Vice President, or the Board of Directors, and must
be called by such officers upon receipt of a
written request of members holding
of the voting power of all Members. •
d. Notice. Notice of all meetings of the Members
stating the time and place and the objectives for
which the meeting was called, including a proposed
agenda, shall be given by the President or
Secretary. Such notice shall be in writing to each
member at the address of each Unit as it appears on
the books of the Association or any other address
as any Owner shall designate and shall be mailed by
United States mail at least twenty -one (21) days
prior to the date of the annual meeting; and at
least seven (7) days prior to any other meeting.
Proof of such mailing shall be given by the
affidavit of the person giving the notice.
e. First Mortgagee. The First Mortgagee holding a
first mortgage on any Unit shall be entitled to
notice of member's meetings upon receipt by the
President of a written request and may attend and
participate in any annual or special meeting but
shall have no vote unless granted by written proxy,
power of attorney, or required by the Declaration
or the Act.
f. Quorum. A quorum at meetings of the Members shall •
24
MAR-18 '92 12:54
PAGE.026
• consist of 514 of the voting power of the Members
allocated in accordance with the fractional
interests set forth in the Declaration.
g. Votes. Voting power shall be the voting percentage
allocated to each Unit and shall correspond to the
fractional interests set forth upon Exhibit A
attached to the Declaration. Each Unit shall be
entitled to only one vote even if the Unit is Owned
by more than one person. No vote shall be deemed
to attach to any Unit during the time when the Unit
is owned by the Association.
h. More Than One Owner. When there is more than one
owner of a Unit and the person entitled to vote is
in dispute, the vote shall be cast by the person
named in a certificate signed by all of the owners
of the Unit and filed with the Secretary of the
Association. Such certificate shall be valid until
revoked by a subsequent certificate; and such a
certificate may be requested by the Secretary
whenever there is more than one Owner of the Unit.
i. Proxies. Votes may be cast in person or by proxy.
• Proxies must be filed with the Secretary within
three (3) days before the appointed time of the
meeting and shall be valid until revoked in
writing. A proxy may be given only to another
member of the Association or a lienholder of a
Unit.
j. Voting. Voting of Members may be by voice or
ballot at the direction of the presiding officer at
the meeting.
k. Same Person_. Approval or disapproval of all of the
Owners of an interest in a Unit upon any matter,
whether or not the subject of a meeting of the
Members, shall be by the same person who would cast
the vote of such Unit if in a meeting of the
Members.
1. Adjournment. If the business of any meeting cannot
be conducted because a quorum has not attended, the
meeting shall be adjourned from time to time until
a quorum is present. in the alternative, the
meeting may be adjourned and further notice given
of the scheduled meeting date on which the
adjourned meeting will reconvene. In such event,
the necessary Members who constitute a quorum shall
• be reduced to those representing at least 404 of
the voting power of the Association.
M. Majority Vote. When a quorum is present at any
25
MAR,18 192 12:54 PAGE.027
meeting, any question brought before the meeting
shall be decided by a majority of the voting power
present in person or by proxy unless the question
is one upon which by express provisions of law, the
Declaration or these Bylaws, a different vote is
required.
n. List of Voting Members. At the beginning of each
meeting, the secretary shall render and certify a
statement showing a list of all of the Members
entitled to vote at such meeting, the voting power
of each and the name of the person entitled to cast
each such member's vote by virtue of any proxy then
in effect. Any disputes shall be resolved by a
certificate as provided in (h) above.
o. Cumulative Voting. Cumulative voting shall be
allowed.
p. Order of Business. The order of business at the
annual meetings of the Members and as far as is
practical at all other meetings of Members shall
be:
1) Election of chairman of the meeting;
2) Calling of the roll and certifying of proxies;
3) Election of inspectors for election if
requested and ballots are used;
4) Proof of notice of meeting or waiver of
notice;
5) Reading and disposal of any unapproved
minutes;
6) Reports of officers;
7) Reports of committees;
8)
9)
10)
11)
4. Directors.
Election of Directors;
Unfinished business;
New business;
Adjournment.
a. First Directors. The first Board of Directors
shall consist of three (3) persons, as set forth in
26
MAR' l E 9c 12:55
FaGE.02B
. the Articles of Incorporation. The first Directors
shall serve until the transfer of a Unit by
Declarant, unless the Directors sooner resign. A
vacancy in the first Hoard of Directors may be
filled by appointment by the remaining Directors.
Not later than sixty (60) days after the conveyance
of the first Unit to be conveyed by Declarant the
next election of Directors specified in
subparagraph (b) below shall take place.
b. Second Directors. The second Board of Directors
and all successive Boards shall be elected by the
vote of the Owners holding 100% of the voting power
of the Association at a special meeting held
therefor. The second Board of' Directors and all
successive Boards shall consist of three (3)
persons. Each Director shall be either the Owner
of an interest in a Unit or an officer or
designated agent of a corporate owner of an
interest or a partner of a partnership which is an
Owner.
c. Elections. Election of the second Board of
Directors and all subsequent Boards shall be
conducted in the following manner:
• 1) Directors shall be elected at an annual
meeting of the Members of the Association, or
a special meeting of the directors if called
for such purpose if permitted by these Bylaws.
2) Vacancies in the Board of Directors may be
filled by the remaining Directors. Any
Director appointed by the remaining Directors
shall fill the remaining term of the Director
who created the vacancy.
3) The term of office of the second Board of
Directors and all successive Boards shall be
fixed at One (1) year.
4) Each Owner shall be entitled to nominate one
or more persons qualified to serve under these
Bylaws for election as Directors.
5) At each election for Directors, each Owner entitled
to vote shall have the right to vote, in person or
by proxy, such Owners voting interest as defined
and established by the Declaration for as many
persons as there are directors to be elected, or to
cumulate his votes by (i) giving one candidate the
• vote of such Owners voting interest multiplied
times the number of Directors being elected, or
(ii) by distributing such votes on the same
27
MAR. 1 8 192 12:56
PAGE.029
principle among any number of such candidates. Any .
Owner who intends to cumulate has votes shall give
written notice to the Association on or before the
day preceeding the election at which such owner
intends to cumulate his votes.
d. Meetings.
1) Regular meetings of the Board of Directors may
be held at such time and place as shall be
determined from time to time by a majority of
the Directors. Notice of regular meetings
shall be given to each Director personally or
by mail, telephone or telegraph at least three
(3) days prior to the day named for such
meeting unless such notice is waived.
Attendance shall constitute waiver.
2) Special meetings of the Board of Directors may
be called by the President and must be called
by the Secretary at the written request of _
of the Members of the Board. Not
less than three (3) days' notice of the
meeting shall be given personally or by mail,
telephone or telegraph, which notice shall
state the time, place and purpose of the •
meeting unless such notice is waived or the
nature of the reason for the special meeting
is such that three (3) days notice is not
reasonably practical. Attendance shall
constitute waiver.
3) Any Director may waive notice of a meeting
before or after the meeting and such waiver
shall be deemed equivalent to the giving of
notice.
4) A quorum at a Directors' meeting shall consist
of the majority of Directors. The acts of the
Board approved by a majority at a meeting at
which a quorum is present shall constitute the
acts of the Board of Directors. If at any
meeting of the Board of Directors there be
less than a quorum present, the majority of
those present may adjourn the meeting from
time to time until a quorum is present. At
any adjourned meeting, any business which
might have been transacted at the meeting as
originally called may be transacted without
further notice.
5) The presiding officer of Directors' meetings •
shall be the President. In the absence of the
presiding officer, the Directors present shall
W
MAR. 18 192 12:56
PAGE.030
• designate one of their number to preside.
6) Directors shall receive no compensation for
their services, except for reimbursement for
expenses, but they or their affiliates may be
compensated for services rendered or goods
supplied to the condominium in a capacity
other than as a Director.
7) Any action that could be taken at a meeting of
the Board of Directors may be taken without a
meeting when authorized in writing and signed
by all of the Directors.
5. Power and Duties of the Hoard of Directors. All of the powers
and duties of the Association shall be exercised by the Board
of Directors, including those existing under the Act, the
Articles of Incorporation and those powers and duties
designated for the Association by the documents establishing
the condominium. Such powers and duties of the Directors
shall be exercised in accordance with the provisions of the
Declaration, the Act and the Regulatory Agreement and shall
include, but shall not be limited to, the following:
a. Officers. To elect annually the officers of the
•
Association.
b. Budcet. To prepare and render to the Members and
First Mortgagees thirty (30) days prior to the
beginning of the Association's fiscal year, a
proposed budget for the ensuing fiscal year showing
anticipated income and operating expenses,
including reasonable reserves for replacement. A
copy of such proposed budget shall be provided to
each member not later than thirty (30) days prior
to the next fiscal year.
C. Annual Report. To submit at each annual meeting of
the Members an annual report of the business
transacted during the preceding year, report of the
general financial condition of the Association and
its tangible property. Financial data in such
report, excluding projections, may be certified by
a firm of independent certified public accountants
retained for this purpose by the Association and a
copy of the annual report shall be provided to each
member and First Mortgagee. The report shall
contain at a minimum the following:
1) A statement of any capital expenditures in
• excess of two percent (2t) of the current
budget or $5,000, whichever is greater
anticipated by the Association during the
current year or succeeding two fiscal years.
at
11HK 1c ZL 1G:7'
PAGE .031
2 ) A statement of the status and amount of any •
reserve Or replacement fund and portion of the
fund designated for any specified project by
the Board of Directors.
3) A copy of the statement of financial condition
for the Association for the last fiscal year.
4) A statement of the status of any pending suits
or judgments to which the Association is a
party.
5) A statement of the insurance coverage provided
by the Association.
6) A statement of any unpaid assessments by the
Association on individual Units identifying
the Unit number and the amount of the unpaid
assessment.
d. Assessments. To make and collect assessments to
defray the costs of the condominium expenses and to
establish reasonable reserves for replacement,
maintenance and repair of the Common and Limited
Common Elements.
e. Use of Assessments. To use the proceeds of •
assessments in the exercise of its powers and
duties.
f. Repairs. To maintain, repair, replace and operate
the Common Elements and the Limited Common
Elements.
g. Damage. To restore improvements after damage.
h. Rules. To make and amend Rules and Regulations
respecting the use of the Units and Common
Elements.
i. Committees. To appoint from the Members a Common
Elements Committee and such other committees as it
deems advisable for the purpose of recommending
action or policy in respect to any matter otherwise
within the control of the Directors.
j. Enforcement. To enforce by legal means the
provisions of the condominium documents, the
Regulatory Agreement, the Articles of
incorporation, the Bylaws of the Association and
the Rules and Regulations for the use of the Units
and Common Elements and to institute, defend or •
intervene in litigation or administrative
proceedings in the name of the Association on its
30
0
•
•
MAfi 10 Sc 1c:56- PAGE .032
behalf or on behalf of two or more Unit Owners on
any matter affecting the condominium; and in any
enforcement proceedings against a Unit Owner the
Association shall be entitled to reimbursement for
all costs including attorneys' fees.
k. Cpntracts. To contract for management of the
property and to delegate to such manager all powers
and duties of the Association except such as are
specifically required by the condominium documents
to have approval of the Board of Directors or the
Membership of the Association.
1. Insurance. To carry insurance for the protection
of the Owners and the Association against casualty
losses and other liabilities in accordance with the
Declaration.
M. Payments and Records. To pay bills rendered for
common costs and expenses and to maintain or cause
to be maintained books and records of account.
n. Personnel. To employ personnel for reasonable
compensation to perform the services required for
proper administration of the purposes of the
Association.
o. Foreclosure Units. To purchase at any foreclosure
sale any Unit in the name of the Association; and
during the period of foreclosure, to charge rent
for the use thereof and to secure the appointment
of a receiver.
P. Licenses. Etc.. Grant leases, licenses, and
concessions not to exceed one (1) year and utility
easements through or over the Common Elements;
provided, however that after conveyance to Owners
other than the Declarants or affiliates of a
Declarant of Units to which more than 50% of the
voting power is allocated, the Association may by
resolution of a meeting of the Members duly called
grant leases, licenses, and concessions in excess
of one (1) year and easements through or over the
Common Elements.
q. Charges.
reasonable
evaluation,
amendments
unpaid asse
Impose reasonable charges including
costs and attorneys' fees, for the
preparation and recordation of
to the Declaration, or statements of
ssments.
r. Liability Insurance.
indemnification of it
maintain Directors'
31
Provide for the
s officers and Board and
and officers' liability
nR 1C Z� G.Z�C
FhiGE. 0 3�_.
insurance. •
S. Penalties. Impose charges for late payment of
assessments and, after notice and an opportunity to
be heard, levy reasonable fines for violations of
the Declaration, Bylaws, and Rules and Regulations
of the Association.
t. Other Powers. Exercise any other powers conferred
by state law, the Declaration or these Bylaws.
U. Invest Excess— Funds. To invest monies of the
Association in long or short -term investments.
6. Officers
a. Officers. The officers of this Association shall
be a President, who shall be a Director, a Vice
President, a Treasurer, and a Secretary. Each
officer shall be a member or an officer or agent of
a corporate Owner. Each officer shall be elected
annually by the Board of Directors and may be
pre - emptorily removed by majority vote of the
Directors at any meeting. Any person may hold two
or more offices except that the offices of
President and Vice President, and the offices of •
President and Secretary shall be held by different
persons. The Board of Directors shall from time to
time elect such other officers and designate their
powers and duties as the Board shall find to be
required to manage the affairs of the Association.
b. President. The President shall be the chief
executive officer of the Association. The
President shall have all of the powers and duties
which are usually vested in the office of the
President of a corporation, including, but not
limited to, the duty to preside at all Directors'
and Members' meetings at which the President is
present, and the general supervision over other
officers and the affairs of the Association. The
President shall execute all contracts, agreements
and obligations of the Association except as such
authority may be otherwise delegated by resolution
of the Board of Directors.
C. Vice President. The Vice President shall in the
absence or disability of the President exercise the
powers and perform the duties of the President.
The Vice President shall also generally assist the
President and exercise such other powers and
perform such other duties as shall be prescribed by •
the Directors.
32
MAR-18 '92 12:59
PAGE.034
• d. Secretary., The Secretary shall keep the minutes of
all proceedings of the Directors and the Members.
The Secretary shall give and serve or cause to be
given and served all notices to the Members and
Directors and other notices required by law. The
Secretary shall keep or cause to be kept the
records of the Association, except those of the
Treasurer, and shall perform all other duties
incident to the office of Secretary of a
corporation and as may be required by the Directors
or the President.
e. Treasurer., The Treasurer shall have custody or
supervise custody Of all intangible property of the
Association, including funds, securities and
evidences of indebtedness and shall give bond in
such sum and with such sureties as the Directors
may require. The Treasurer shall keep or cause to
be kept the assessment rolls and accounts of the
Members. The Treasurer shall keep the books of the
Association or cause them to be kept in accordance
with good accounting practices and shall submit
them together with all vouchers, receipts, records
and other papers to the Directors for their
examination and approval as often as they may
• require. The Treasurer shall deposit or cause to
be deposited all monies and other valuable effects
in the name of or to the credit of the Association
in such depositories as may be designated by the
Board of Directors and shall disburse or cause to
be disbursed the funds of the Association ordered
by the Board and shall perform all other duties
incident to the office of Treasurer. The Board of
Directors may designate some or all of the
foregoing functions to be entrusted to a managing
agent subject to overview by the Treasurer.
f. No Compensation. Officers of the corporation shall
receive no compensation for their services in such
capacity, but may be reimbursed for out -o£- pocket
expenses incurred in the conduct of the
Association's business.
7. Removal of Officer or Director. At any special meeting of
Members where notice has been given of such proposal, any
Director or officer may be removed with or without cause by a
majority of the total voting power, and, if a Director, his
successor may then and there be elected to fill the vacancy
thus created. if an officer is so removed, his successor
shall be elected at the next assembled meeting of the Board of
Directors.
• 8. FF.scal Management.
33
ilnR .v OL G �J rnUC�.+7
a. Benefit of Members. All funds and the titles of •
all properties acquired by the Association, and the
proceeds thereof, after deducting therefrom the
costs incurred by the Association in acquiring the
same, shall be held for the benefit of the Members
for the purposes stated in the Declaration and
herein and may be temporarily invested when not
immediately required.
b. Reserves. All reserves required by the Regulatory
Agreement shall be maintained and established in
the manner required by such agreement.
C. Banking. The depository of the Association shall
be such bank or banks as shall be designated from
time to time by action of the Directors and in
which the monies of the Association shall be
deposited. Withdrawal of monies from such accounts
shall be only authorized by the Directors.
d. Inspection. The books, accounts and records of the
Association shall be open to inspection by any
Director, Members of the Association and First
Mortgagees and their duly authorized agents on
reasonable notice during regular business hours.
Members of the Association and First Mortgagees
shall have the right to inspect the books, accounts •
and records of the Association on reasonable notice
during regular business hours.
e. Reports. A report on the accounts of the
Association shall be made annually which may be
certified by a certified public accountant at the
discretion of the Hoard of Directors, and a copy of
any such report shall be furnished to each member
and each First Mortgagee who requests a copy in
writing.
f. Fidelity Bonds. Fidelity bonds shall be required
by the Board of Directors from all officers and
employees of the Association and from any
contractor handling or responsible for Association
funds.
g. Vouchers. Payment vouchers shall be approved by
the Board of Directors or authority to approve
vouchers may be delegated to the managing agent at
the discretion of the Board of Directors.
9. Assessments. Assessments against the Members shall be levied
by a majority vote Of the Board of Directors of the
Association and paid by the Members to the Association in •
accordance with the Act and the following provisions:
34
f9HF, 1 t ' 9c 1 3: 00
FAuE.036
• a. Approval. Notwithstanding anything contained
herein or in the Declaration, any assessment for
alterations, additions to or improvements of the
Common Elements, involving the expenditure of
$1,000.00 or more shall first be approved by a
majority of the voting power represented at a
special meeting called for such purpose.
b. Several Liability. Each member shall be severally
liable for the share of the Common Expenses which
are assessed against the Unit which he owns. The
assessments shall be computed in accordance with
the percentage of interest in the Common Elements
allocated to each Unit by the Declaration. Any
surplus shall be allocated to each Unit in
accordance with the percentage of interest in the
Common Elements and shall be applied to future
assessments.
C. Assessment Fund. All sums collected by the
Association from assessments may be commingled in a
single fund unless otherwise required hereunder.
d. Annual. Annual assessments shall be a lien upon
each Unit on the first day of the fiscal year in
• the year of the levy. Special assessments shall be
a lien on the 1st day of the month following the
levy.Annual assessments for Common Expenses and
reasonable reserves shall be made for the fiscal
year annually and special assessments at such other
additional times as in the judgment of the Board of
Directors, additional Common Expense assessments
are required for the proper management, maintenance
and operation of the property. Such annual
assessments shall be due and payable in equal
monthly installments beginning with the first day
of the first month of the fiscal year and on the
first day of each month thereafter. Special
assessments shall be due and payable as determined
by the Board of Directors. If an annual assessment
is not made, there shall automatically be an
assessment in the amount of the last prior annual
assessment which shall be due and payable as above
set forth.
e. Assessment Listing. The assessments levied against
all Units shall Be set forth in a writing which
shall be available in the office of the managing
agent or such other place designated by the
Association for inspection at all reasonable times
by Members or their duly authorized
• representatives. Such writing shall indicate for
each Unit the name and address of the member(s) ,
the assessments for all purposes and the amounts of
35
MAR 18 '92 13:01
FAGE.03,
all assessments paid and unpaid. A certificate •
made by the Association as to the status of a
member's assessment account shall limit the
liability of any person for whom such certificate
is made. Association shall issue such certificates
to such persons as a member may authorize in
writing, any cost of issuing the certificate to be
paid by the member.
f. DDelinguency. Assessments and the installments
thereof paid on or before ten (10) days after the
date when due shall not bear interest, but all sums
not paid on or before ten (10) days after the date
when due shall bear interest at the highest rate
permitted by the Act from the date when due until
paid. All payments upon account shall be applied
first to interest and then to the assessment
payment first due. All interest collected shall be
credited to the Common Expense account. The Board
of Directors shall also be entitled to impose late
charges.
10. Compliance Default. Each Member shall be governed by and
shall comply with the terms of the Declaration, Bylaws and
Rules and Regulations adopted pursuant thereto as the same may
be amended from time to time. A default shall entitle the •
Association or other Members to the following relief:
a. Remedies. Failure to comply with any of the terms
of the Declaration, Bylaws and Rules and
Regulations adopted pursuant thereto, shall be
grounds for relief which may include, without
intending to limit the same, an action to recover
sums due for damages, injunctive relief,
foreclosure of any permitted lien or any
combination thereof, and relief may be sought by
the Association or, if appropriate, by an aggrieved
Member. The Member in default shall be required to
pay all costs of enforcement including attorneys'
fees.
b. Notice. Any Member who is in default shall be
notified in writing of his default with a copy to
his First Mortgagee and, except in the case of
defaults in the payment of assessments, a
defaulting Member shall be given a reasonable
opportunity to correct the default except in cases
where health and safety are involved where
corrective action must be done immediately.
C. Performance by Association. If any Member fails to •
perform any obligation imposed under the
Declaration or these Bylaws or Rules and
Regulations, then the Association, acting by its
36
MNF. is 192 13:01
PAGE.03e
• Board of Directors, may, but is not obligated to,
perform the same for the Member's account and
expense and for such purpose may enter upon the
Unit, may make necessary repairs, advance expenses
or other sums necessary to cure the default and for
such expense, levy a special assessment upon the
Unit. Each Member shall be liable for the expense
of any maintenance, repair or replacement rendered
necessary by the Member's act, neglect or
carelessness or by that of any guests, employees,
agents Or lessees, but only to the extent that such
expense is not met by the proceeds of insurance
carried by the Association. Such liability shall
include any increase in fire insurance rates
occasioned by use, misuse, occupancy, or
abandonment of any Unit or its appurtenances.
Nothing herein contained, however, shall be
construed so as to modify any waiver by insurance
companies of rights of subrogation.
d. Costs, Etc_,. In any proceeding arising because of
an alleged default by a Member, the prevalent party
shall be entitled to recover the costs of the
proceeding and such reasonable attorneys' fees as
may be determined by the court.
• e. Non- Waiver. The failure of the Association or of a
Member to enforce any right, provision, covenant or
condition which may be granted by the Declaration
or Bylaws shall not constitute a waiver of the
right of the Association or Member to enforce such
right, provision, covenant or condition in the
future.
f. Non - Election. All rights, remedies and privileges
granted to the Association or a Member, pursuant to
any terms, provisions, covenants or conditions of
the Declaration or Bylaws shall not be deemed to be
cumulative, and the exercise of any one or more
shall not be deemed to constitute an election of
remedies,
11. Maintenance and Alteration
a. By the Association. Maintenance, repair,
management and operation of the Common and Limited
Common Elements except where Member is responsible
shall be the sole responsibility of the Association
and no Member shall perform the same, but nothing
herein contained shall be construed so as to
preclude the Association from delegating to
• persons, firms or corporations of its choice, such
duties as may be imposed upon the Association by
the terms of this paragraph and as are approved by
37
MAR 12 '92 13:02
PAGE.039
the Board of Directors of the Association. The •
Association shall be responsible for the repair of
all incidental damage caused to a Unit by any
maintenance, repair, alteration or improvement of
the Common and Limited Common Elements or any part
thereof.
b. By the Members. The responsibility of the Members
shall be as follows:
1) To maintain, repair and replace, at their
expense, their Units, including the facades of
the outermost exterior vertical walls of the
Principal Building, and any individual air
conditioning Units which service separate
Units; and to do routine maintenance of their
Limited Common Elements, and for this purpose
each Unit Owner shall afford to the
Association and other Unit Owners and their
agents or employees access through each Unit
upon reasonable notice.
2) To perform their responsibilities in such
manner so as not to unreasonably disturb other
persons residing, occupying, or otherwise
lawfully within or upon the property. •
3) Not to paint or otherwise decorate or change
the appearance of any portion of the facades
of the outermost exterior vertical walls of a
Principal Building unless the written consent
of the Board of Directors of the Association
is first obtained.
4) To promptly report to the Association or its
agent any defect or need for repairs, the
responsibility for the remedying of which is
with the Association.
5) Not to make any alterations in the portions of
a Unit or the Principal Building which are to
be maintained by the Association or remove any
portion thereof or make any additions thereto
or do anything that would or might jeopardize
or impair the safety or soundness of a
building without first obtaining the written
consent of the Board of Directors of the
Association, nor shall any Unit Owner impair
any easement without first obtaining the
written Consents of the Board of Directors of
the Association and of the Unit Owner or •
Owners for whose benefit such easement exists.
12. Amendment. The requisite vote of the Members of the
�I.1
MAR 18 '92 13:03
PAGE. @40
• Association for an amendment to the Bylaws shall be a majority
of the voting power.
13. Rules and Regulations. The Board of Directors of the
Association or a majority of the Membership of the Association
at a duly constituted meeting may promulgate regulations and
house rules; provided, however, that copies of such Rules and
Regulations shall be furnished to each Member prior to the
time that the some become effective.
14. Severability. If any part of these Bylaws shall be ruled
invalid or ineffective for any reason whatsoever, the balance
shall nevertheless remain in full force and effect. In the
event of conflict between the Declaration and the Bylaws, the
Declaration shall prevail except to the extent the Declaration
or any amendments thereto are inconsistent with the Act.
15. Notices.
a. Notice to Board of Directors. Notices required or
permitted to be given to the Board of Directors or
the Association may be delivered to any Member of
the Board or officer of the Association either
personally or by mail addressed to such Member or
officer at his Unit.
• b. Notice to Members. Notices required or permitted
to be given to any Member shall be given personally
or by mail to the address as it appears on the
books of the Association.
16. Indemnification. To the full extent permitted by law, each
person who was or is a party or is threatened to be made a
party to any threatened, pending or contemplated action, suit
or proceeding, wherever brought, whether civil, criminal,
administrative or investigative, by reason of the fact that he
or she is or was a director or officer of the corporation, or
is or was serving at the specific request of the Directors of
the corporation as a director, officer, employee or agent of
another corporation, partnership, joint venture, trust or
other enterprise, shall be indemnified by the corporation
against expenses, including, but not limited to, reasonable
attorneys' fees, judgments, fines and amounts paid in
settlement, actually and reasonably incurred by him or her in
connection with such action, suit or proceeding; provided,
however, that the indemnification with respect to a person who
is or was serving as a director, officer, employee or agent of
another corporation, partnership, joint venture, trust or
other enterprise shall apply only to the extent such person
is not indemnified by such other corporation, partnership,
• joint
KTi
f9 rir is yc ]�: k90
PAGE .041
venture, trust or other enterprise. The foregoing •
indemnification shall continue as to a person who has
ceased to be a director, officer, employee or agent, and
shall inure to the benefit of the heirs, executors and
administrators of such person, and shell apply whether or
not the claim against such person arises out of matters
occurring before the adoption of this section. The
foregoing indemnification shall not be exclusive of other
rights to which any of the aforesaid shall be entitled as
a matter of law, agreement, vote of Members or otherwise.
17. Corporate Seal. The corporation shall have no corporate seal.
The above were adopted as the Bylaws of Erickson Downtown
Redevelopment Condominium Association, Inc., a corporation not for
profit under the laws of the State of Minnesota, by action of the
Board of Directors at the first meeting, effective
1992.
•
(Constituting all of the Directors)
•
40
• ARTICLES OF INCORPORATION
OF
ERICKSON DOWNTOWN REDEVELOPMENT CONDOMINIUM, INC.
rH t.U-i_
We, the undersigned, being of full age, for the purpose of
forming a non- profit corporation under Chapter 317 of Minnesota
Statutes, 1974, as amended, hereby associate ourselves as a body
corporate and adopt these Articles of Incorporation.
ARTICLE I
X&MI
The name of the corporation shall be Erickson Downtown
Redevelopment Condominium Association, Inc., hereinafter called the
"Association ".
ARTICLE II
PURPOSE
The purpose of the Association shall be to act as an
• association of unit owners as required by the Minnesota Uniform
Condominium Act, Chapter 582, Session Laws of Minnesota for 1980
(the "Act "), for the condominium property described in the
Declaration of Erickson Downtown Redevelopment Condominium situated
in the County of Mcleod, State of Minnesota, and in connection
therewith:
a. To perform all of the duties required or
permitted pursuant to the Act and pursuant to
that certain Declaration for Condominium
recorded together with Bylaws of this
corporation and exhibits with the County
Recorder of McLeod County, Minnesota (the
"Declaration ");
b. To manage and be responsible for the
operation, maintenance, repair and /or
replacement of the common elements;
C. To fix, collect and enforce payment of all
Common Expenses and to determine what shall be
Common Expenses as permitted in the Act;
d. To enforce any and all covenants, restrictions
and agreements set forth in the Declaration,
• the Regulatory Agreement, the Bylaws and any
other Rules and Regulations adopted by the
Association from time to time;
1
MRF�' 16 'SE 13:05
FNUE.043
e. To make and perform any contracts and do any •
acts and `things and exercise any powers
suitable, convenient, proper or incidental for
the accomplishment of the purposes of the
Association; and
f. To exercise any and all powers, rights and
privileges to which a corporation organized
under Chapter 317 is now or hereafter
entitled.
ARTICLE III
PECUNIARY GAIN
The Association shall not afford pecuniary gain, incidentally
or otherwise, to its members.
ARTICLE IV
The duration of this Association shall be perpetual.
ARTICLE V
REGISTERED OFFICE
The registered office of this Association shall be located at
ARTICLE VI
INCORPORATORS
The names and addresses of each of the incorporators are as
follows:
ARTICLE VII
BOARD OF DIRECTORS
The number of directors serving the corporation shall be not
2
•
•
MAR 16 '92 13:05
PAGE.044
. less than three nor more than seven, and the persons constituting
the first Board of Directors, which shall be three in number, are
as follows:
ARTICLE VIII
PERSONAL 8 TY Oi MEMBER
The members of the Association shall not be liable for
Association obligations except to the extent the Association is
• empowered to levy and collect assessments in the manner provided
for in the Declaration and Bylaws.
ARTICLE IX
NO CAPITAL STOCK
The Association shall have no capital stock.
ARTICLE X
LIMITATION ON AUTHORITY
No lease, management or employment contract regarding
recreational areas or common elements, which is directly or
indirectly made by or on behalf of the Association, shall be
entered into for a period exceeding one year, excluding renewals
for successive one -year periods, and any such agreement shall give
the Association the right to cancel for cause on 30 days' written
notice without liability.
ARTICLE XI
DISSOLUTION
Voluntary dissolution shall require the approval Of not less
than 80% of the total voting membership as defined in the
Declaration and 80t of the First Mortgagees as defined in the
Declaration (each mortgage holder having one vote).
3
MAP I8 19c 13:06
ARTICLE XII
PAGE .0a`
Amendment of these Articles shall require the assent of 80% of
the total voting membership of the Association as defined in the
Declaration.
ARTICLE XIII
MEMBERSHIP ACID VOTING
Each owner of a unit created by the Declaration shall be a
member of the Association, and no other persons shall be entitled
to membership. In the event more than one person is an owner of a
unit, all shall be members but they shall be entitled to cast only
one vote as a group which shall be Cast as they decide and each
vote shall have the voting weight as hereinafter specified. The
procedure as to how to cast one vote as a group must be set forth
in a writing signed by the entire group prior to the convening of
the meeting at which the one vote is to be cast; otherwise such
group shall not be entitled to cast the one vote.
A membership interest cannot be transferred, assigned, pledged
nor may a security interest be granted therein except as an
appurtenance to a unit.
A member (meaning all owners of any unit) shall have the right
to cast one vote at any meeting of the Association, which vote
shall have equal weight to all Other votes. The Association shall
not be entitled to vote as a member of the Association should
become the owner of any unit.
IN WITNESS WHEREOF, for the purpose of forming this nco- profit
corporation under the laws of the State of Minnesota, re, the
undersigned, constituting the incorporators of this Association,
have executed these Articles of Incorporation this day of
1992.
4
•
0
MAR ?18 '92 13:06 PAGE.046
STATE OF MINNESOTA
is )
as
COUNTY OF )
•
0
On this day of , 1992, before me, a Notary Public,
personally appeared
to me personally known, who, being each by
me duly sworn, did say that they are respectively the incorporators
of Erickson Downtown Redevelopment Condominium Association, Inc.,
and that the foregoing Articles of Incorporation were signed by
them respectively as such incorporators as their free act and deed.
Notary Public
A
0
•
H E H O R A N D U M
DATEi March 18, 1992
T0: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECTS CONSIDERATION OF APPROVAL OF ADDITION OF SHORELAND
ORDINANCE TO ZONING ORDINANCE
The Planning Commission recommends to approve the Shoreland
Ordinance.
9 -s
0
SHORELAND
MANAGEMENT ORDINANCE
ORDINANCE N0,
CITY CODE: CHAPTER 11
APPENDIX A
0
M 1' M11�`1
HMM, MR 55350
(612) 587-5151
•
9 -s
TABLE OF CONTENTS .
SECTIONS PAGE
Section 1.0 Statutory Authorization 6 Policy 1
Section 2.0 General Provisions 6 Definitions 2
Section 3.0 Adainistration
3.1 Permits Required 10
3.2 Certificates of Zoning Compliance 10
3.3 Variances 10
3.4 Notifications to DNR 11
Section 4.0 Shoreland Classifications and Land Use Districts
4.1 Shoreland Classification System 12
4.2 Land Use District Descriptions 12
Section 5.0 Zoning and Water Supply /Sanitary Provisions
5.1
Lot Area and Width Standards
15
5.2
Placement, Design, and Height of Structures
17
5.3
Shoreland Alterations
20
5.4
Placement and Design of Roads,
23
Driveways and Parking Areas
•
5.5
Stormwater Management
24
5.6
Special Provisions for:
25
- Commercial, Industrial, Public
and Semipublic Uses
- Agricultural Uses
26
- Forestry
26
- Extractive Uses
26
- Mining of Metallic Minerals and Peat
26
5.7
Conditional Uses
27
5.8
Water Supply and Sewage Treatment
27
Section 6.0 Nonconforaities
6.1 Construction on Nonconforming Lots of Record 29
6.2 Additions /Expansions to Nonconforming Structures 29
6.3 Nonconforming Sewage Treatment Systems 30
Section 7.0 Subdivision /Platting Provisions 31
Section 8.0 Planned Developments 33
January 1, 1990
ti �•:ti � � r.r �.. �•.r r r.
SECTION 1.0 - STAT03ORY ALM71ORIZATION AND POLICY
1.1 Statutory Authorization
This shoreland ordinance is adopted pursuant to the authorization
and policies contained in Minnesota Statutes, Chapter 103G,
Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning
and zoning enabling legislation in Minnesota Statutes, Chapter 394
(for counties) or Chapter 462 (for municipalities).
1.2 Policy
The uncontrolled use of shorelands of Hutchinson, Minnesota affects
the public health, safety and general welfare not only by
contributing to pollution of public waters, but also by impairing
the local tax base. Therefore, it is in the best interests of the
public health, safety and welfare to provide for the wise
subdivision, use and development of shorelands of public waters.
The Legislature of Minnesota has delegated responsibility to local
governments of the state to regulate the subdivision, use and
development of the shorelands of public waters and thus preserve and
• enhance the quality of surface waters, conserve the economic and
natural environmental values of shorelands, and provide for the wise
use of waters and related land resources. This responsibility is
hereby recognized by the City of Hutchinson.
• 1
2.1 Jurisdiction
The provisions of this ordinance shall apply to the shorelands of
the public water bodies as classified in Section 4.0 of this
ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 -
6120.3900, no lake, pond, or flowage less than 10 acres in size in
municipalities or 25 acres in size in unincorporated areas need be
regulated in a local government's shoreland regulations. A body of
water created by a private user where there was no previous
shoreland may, at the discretion of the governing body, be exempt
from this ordinance.
2.2 Compliance
The use of any shoreland of public waters; the size and shape of
lots; the use, size, type and location of structures on lots; the
installation and maintenance of water supply and waste treatment
systems, the grading and filling of any shoreland area; the cutting
of shoreland vegetation; and the subdivision of land shall be in
full compliance with the terms of this ordinance and other
applicable regulations.
2.3 Enforcement
The Director of Engineering and /or Zoning Administrator is •
responsible for the administration and enforcement of this
ordinance. Any violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations
of conditions and safeguards established in connection with grants
of variances or conditional uses) shall constitute a misdemeanor and
shall be punishable as defined by law. Violations of this ordinance
can occur regardless of whether or not a permit is required for a
regulated activity pursuant to Section 3.1 of this ordinance.
2.4 Interpretation
In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
2.5 Severability
If any section, clause, provision, or portion of this ordinance is
adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected
thereby.
2
2.6 Abrogation and Greater Restrictions
• It is not intended by this ordinance to repeal, abrogate, or impair
any existing easements, covenants, municipal subdivision
regulations, or deed restrictions. However, where this ordinance
imposes greater restrictions, the provisions of this ordinance shall
prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
2.7 Definitions
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give this ordinance its
most reasonable application. For the purpose of this ordinance, the
words "must" and "shall" are mandatory and not permissive. All
distances, unless otherwise specified, shall be measured
horizontally.
These definitions shall amend the definitions in the Municipal Code,
in reference to this ordinance only. Both definitions shall apply
unless a conflict between the two definitions exists. Definitions
in the Shoreland Management Ordinance shall supersede Municipal Code
definitions only if a clear conflict exists.
2.711 Accessory structure or facility. "Accessory structure" or
"facility" means any building or improvement subordinate to a
• principal use which, because of the nature of its use, can
reasonably be located at or greater than normal structure
setbacks.
2.712 Bluff. "Bluff" means a topographic feature such as a hill,
cliff, or embankment having the following characteristics (an
area with an average slope of less than 18 percent over a
distance for 50 feet or more shall not be considered part of
the bluff):
(1) Part or all of the feature is located in a shoreland
area;
(2) The slope rises at least 25 feet above the ordinary high
water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a
point 25 feet or more above the ordinary high water
level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land
located within 20 feet fron the top of a bluff.
• 3
2.714 Boathouse. 'Boathouse" means a structure designed and used
solely for the storage of boats or boating equipment. .
2.715 Building line. 'Building line" means a line parallel to a lot
line or the ordinary high water level at the required setback
beyond which a structure may not extend.
2.716 Commercial planned developments. "Commercial planned
developments" are typically uses that provide transient,
short-term lodging spaces, rooms, or parcels and their
operations are essentially service- oriented. For example,
hotel /motel accommodations, resorts, recreational vehicle and
camping parks, and other primarily service - oriented activities
are commercial planned developments.
2.717 Commercial use. "Commercial use" means the principal use of
land or buildings for the sale, lease, rental, or trade of
products, goods, and services.
2.718 Commissioner. "Commissioner' means the commissioner of the
Department of Natural Resources.
2.719 Conditional use. "Conditional use" means a land use or
development as defined by ordinance that would not be
appropriate generally but may be allowed with appropriate
restrictions as provided by official controls upon a finding
that certain conditions as detailed in the zoning ordinance •
exist, the use or development conforms to the comprehensive
land use plan of the community, and the use is compatible with
the existing neighborhood.
2.720 Deck. "Deck" means a horizontal, unenclosed platform with or
without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use
or site and at any point extending more than three feet above
ground.
2.721 Duplex, triples, and quad. "Duplex," triplex,' and "quad"
means a dwelling structure on a single lot, having two, three,
and four units, respectively, being attached by common walls
and each unit equipped with separate sleeping, cooking,
eating, living, and sanitation facilities.
2.722 Dwelling site. "Dwelling site" means a designated location
for residential use by one or more persons using temporary or
movable shelter, including camping and recreational vehicle
sites.
4
2.723 Dwelling unit. "Dwelling unit" means any structure or portion
• of a structure, or other shelter designed as short- or
long -term living quarters for one or more persona, including
rental or timeshare accommodations such as motel, hotel, and
resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land for
surface or subsurface removal of sand, gravel, rock,
industrial minerals, other nonmetallic minerals, and peat not
regulated under Minnesota Statutes, sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the
clear cutting of forested lands to prepare for a new land use
other than reestablishment of a subsequent forest stand.
2.726 Hardship. "Hardship" means the same as that term is defined
in Minnesota Statutes, Chapter 394 (for counties) or Chapter
462 (for municipalities).
2.727 Height of building. "Height of building" means the vertical
distance between the highest adjoining ground level at the
building or ten feet above the lowest ground level, whichever
is lower, and the highest point of a flat roof or average
height of the highest gable of a pitched or hipped roof.
2.728 Industrial use. "Industrial use" means the use of land or
• buildings for the production, manufacture, warehousing,
storage, or transfer of goods, products, commodities, or other
wholesale items.
2.729 Intensive vegetation clearing. "Intensive vegetation
clearing" means the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
2.730 Lot. "Lot" means a parcel of land designated by plat, metes
and bounds, registered land survey, auditors plot, or other
accepted means and separated from other parcels or portions by
said description for the purpose of sale, lease, or
separation.
2.731 Lot width. "Lot width" means the shortest distance between
lot lines measured at the midpoint of the building line.
2.732 Nonconformity. "Nonconformity" means any legal use, structure
or parcel of land already in existence, recorded, or
authorized before the adoption of official controls or
amendments thereto that would not have been permitted to
become established under the terms of the official controls as
now written, if the official controls had been in effect prior
to the date it was established, recorded or authorized.
• 5
2.733 Ordinary high water level. 'Ordinary high water level" means
the boundary of public waters and wetlands, and shall be an .
elevation delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence
upon the landscape, commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high water level
is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high water level is the
operating elevation of the normal suer pool.
2.734 Planned development. "Planned development" means a type of
development characterized by a unified site design for a
number of dwelling units or dwelling sites on a parcel,
whether for sale, rent, or lease, and also usually involving
clustering of these units or sites to provide areas of common
open space, density increases, and a mix of structure types
and land uses. These developments may be organized and
operated as condominiums, time -share condominiums,
cooperatives, full fee ownership, commercial enterprises, or
any combination of these, or cluster subdivisions of dwelling
units, residential condominiums, townhouses, apartment
buildings, campgrounds, recreational vehicle parks, resorts,
hotels, motels, and conversions of structures and land uses to
these uses.
2.735 Public waters. "Public waters" means any waters as defined in •
Minnesota Statutes, Section 105.37 to 103G.005.
2.736 Residential planned development. "Residential planned
development" means a use where the nature of residency is
nontransient and the major or primary focus of the development
is not service - oriented. For example, residential apartments,
manufactured home parks, time -share condominiums, townhouses,
cooperatives, and full fee ownership residences would be
considered as residential planned developments. To qualify as
a residential planned development, a development must contain
at least five dwelling units or sites.
2.737 Riparian. "Riparian" means located on the bank of a natural
watercourse.
2.738 Semipublic use. "Semipublic use" means the use of land by a
private, nonprofit organization to provide a public service
that is ordinarily open to some persons outside the regular
constituency of the organization.
6 0
2.739 Sensitive resource management. "Sensitive resource
management" means the preservation and management of areas
unsuitable for development in their natural state due to
constraints such as shallow soils over groundwater or bedrock,
highly erosive or expansive soils, steep slopes,
susceptibility to flooding, or occurrence of flora or fauna in
need of special protection.
2.740 Setback. "Setback" means the minimum horizontal distance
between a structure, sewage treatment system, or other
facility and an ordinary high water level, sewage treatment
system, top of a bluff, road, highway, property line, or other
facility.
2.741 Sewage treatment system. "Sewage treatment system" means a
septic tank and soil absorption system or other individual or
cluster type sewage treatment system as described and
regulated in Section 5.8 of this ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits,
pumping stations, and force main, and all other construction,
devices, appliances, or appurtenances used for conducting
sewage or industrial waste or other wastes to a point of
ultimate disposal.
2.743 Shore impact zone. "Shore impact zone" means land located
• between the ordinary high water level of a public water and a
line parallel to it at a setback of 50 percent of the
structure setback.
2.744 Shoreland. "Shoreland" means land located within the
following distances from public waters: 1,000 feet from the
ordinary high water level of a lake, pond, or flowage; and 300
feet from a river or stream, or the landward extent of a
floodplain designated by ordinance on a river or stream,
whichever is greater. The limits of shorelands may be reduced
whenever the waters involved are bounded by topographic
divides which extend landward from the waters for lesser
distances and when approved by the commissioner.
2.745 Significant historic site. "Significant historic site" means
any archaeological site, standing structure, or other property
that meets the criteria for eligibility to the National
Register of Historic Places or is listed in the State Register
of Historic Sites, or is determined to be an unplatted
cemetery that falls under the provisions of Minnesota
Statutes, section 307.08. A historic site meets these
criteria if it is presently listed on either register or if it
is determined to meet the qualifications for listing after
review by the Minnesota state archaeologist or the director of
the Minnesota Historical Society. All unplatted cemeteries
are automatically considered to be significant historic sites.
• 7
2.746 Steep slope. 'Steep slope' means land where agricultural
activity or development is either not recommended or described
as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county
soil surveys or other technical reports, unless appropriate
design and construction techniques and farming practices are
used in accordance with the provisions of this ordinance.
Where specific information is not available, steep slopes are
lands having average slopes over 12 percent, as measured over
horizontal distances of 50 feet or more, that are not bluffs.
2.747 Structure. "Structure" means any building or appurtenance,
including decks, except aerial or underground utility lines,
such as sewer, electric, telephone, telegraph, gas lines,
towers, poles, and other supporting facilities.
2.748 Subdivision. "Subdivision" means land that is divided for the
purpose of sale, rent, or lease, including planned
developments.
2.749 Surface water - oriented commercial use. 'Surface
water- oriented commercial use" means the use of land for
commercial purposes, where access to and use of a surface
water feature is an integral part of the normal conductance of
business. Marinas, resorts, and restaurants with transient
docking facilities are examples of such use.
2.750 Toe of the bluff. "Toe of the bluff" means the point on a •
bluff where there is, as visually observed, a clearly
identifiable break in the slope, from gentler to steeper slope
above. If no break in the slope is apparent, the toe of the
bluff shall be determined to be the lower end of a 50 -foot
segment, measured on the ground, with an average slope
exceeding 18 percent.
2.751 Top of the bluff. "Top of the bluff" means the point on a
bluff where there is, as visually observed, a clearly
identifiable break in the slope, from steeper to gentler slope
above. If no break in the slope is apparent, the top of the
bluff shall be determined to be the upper end of a 50 -foot
segment, measured on the ground, with an average slope
exceeding 18 percent.
2.752 Variance. "Variance" means the same as that term is defined
or described in Minnesota Statutes, Chapter 394 (for counties)
or Chapter 462 (for municipalities).
8 •
•
2.753 Water- oriented accessory structure or facility.
'Water- oriented accessory structure or facility" means a
small, above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which, because
of the relationship of its use to a surface water feature,
reasonably needs to be located closer to public waters than
the normal structure setback. Examples of such structures and
facilities include boathouses, gazebos, screen houses, fish
houses, pump houses, and detached decks.
2.754 Netland. "Wetland" means a surface water feature classified
as a wetland in the United States Fish and Wildlife Service
Circular No. 39 (1971 edition).
9
SECTION 3.0 - ADMINISTRATION
3.1 Permits Required
3.11 A permit is required for the construction of buildings or
building additions (and including such related activities as
construction of decks and signs), the installation and /or
alteration of sewage treatment systems, and those grading and
filling activities not exempted by Section 5.3 of this
ordinance. Application for a permit shall be made to the
Zoning Administrator on the forms provided. The application
shall include the necessary information so that the Zoning
Administrator can determine the site's suitability for the
intended use and that a compliant sewage treatment system will
be provided.
3.12 A permit authorizing an addition to an existing structure
shall stipulate that an identified nonconforming sewage
treatment system, as defined by Section 5.8, shall be
reconstructed or replaced in accordance with the provisions of
this ordinance.
Construction installation is restricted to only State
Certified Installers, as defined by the State of Minnesota
Pollution Control Agency.
3.2 Certificate of Zoning Compliance •
The Zoning Administrator shall issue a certificate of occupancy or
zoning compliance for each activity requiring a permit as specified
in Section 3.1 of this ordinance. This certificate will specify
that the use of land conforms to the requirements of this ordinance.
Any use, arrangement, or construction at variance with that
authorized by permit shall be deemed a violation of this ordinance
and shall be punishable as provided in Section 2.3 of this
ordinance. (See Flood Plain Regulations, Section 8.18 of Zoning
Ordinance)
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota
Statutes, Chapter 462, as applicable. A variance may not
circumvent the general purposes and intent of this ordinance.
No variance may be granted that would allow any use that is
prohibited in the zoning district in which the subject
property is located. Conditions may be imposed in the
granting of a variance to ensure compliance and to protect
adjacent properties and the public interest. In considering
a variance request, the Planning Commission and City Council
must also consider whether the property owner has reasonable
use of the land without the variance, whether the property is
used seasonally or year - round, whether the variance is being
10
requested solely on the basis of economic considerations, and
the characteristics of development on adjacent properties.
3.32 The Planning Commission and City Council shall hear and decide
requests for variances in accordance with the rules that it
has adopted for the conduct of business. When a variance is
approved after the Department of Natural Resources has
formally recommended denial in the hearing record, the
notification of the approved variance required in Section 3.42
below shall also include the Planning Commission and City
Council's summary of the public record/ testimony and the
findings of facts and conclusions which supported the issuance
of the variance.
3.33 For existing developments, the application for variance must
clearly demonstrate whether a conforming sewage treatment
system is present for the intended use of the property. The
variance, if issued, must require reconstruction of a
nonconforming sewage treatment system by a N.P.C.A. Certified
Installer.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider
variances, amendments, or conditional uses under local
shoreland management controls must be sent to the commissioner
• or the commissioner's designated representative and postmarked
at least ten days before the hearings. Notices of hearings to
consider proposed subdivisions /plats must include copies of
the subdivision /plat.
3.42 A copy of approved amendments and subdivisions /plats, and
final decisions granting variances or conditional uses under
local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative
and postmarked within ten days of final action.
• 11
SECTION 4.0 - SN1OREIAND CLASSMCATIOII SYSTEM AND LAND USE DISTRICTS
4.1 Shoreland Classification System
The public waters of Hutchinson have been classified below
consistent with the criteria found in Minnesota Regulations, Part
6120.3300, and the Protected Waters Inventory Hap for McLeod County,
Minnesota.
4.11 The shoreland area for the waterbodies listed in sections 4.12
and 4.13 shall be as defined in section 2.744 and as shown on
the Official Zoning Hap.
4.12 General Development Lakes
Campbell Lake, Otter Lake
4.13 Urban River
South Fork Crow River
4.2 Land Use District Descriptions
Protected Waters
Inventory I.D.#
43 -85 -P
Legal Description
Crow River Dam to Southeast
Corporate Limits
4.22 Land Use District Descriptions. The land use zoning districts
provided below, and the allowable land uses therein for the
given classifications of waterbodies, shall be properly
delineated on the Official Zoning Hap for the shorelands of
Hutchinson. These land use districts are in conformance with
the criteria specified in Minnesota Regulation, Part
6120.3200, Subp. 3:
A. Land Use Districts For Campbell and Otter Lakes -
(Within 1000' of ordinary high water point).
(1) Special Protection District
- Forest management
P
- Sensitive resource management
P
- Agricultural: cropland and pasture
P
- Agricultural feedlots
NP
-Parks and historic sites
C
- Extractive use
C
- Single residential
C
- Mining of metallic minerals and peat
NP
12
is
(2) Residential District (R -1, R -2, P -D)
• - Single residential P
- Semipublic C
-Parks & historic sites C
- Extractive use NP
- Duplex, triplex, quad residential C
- Forest management P
- Mining of metallic minerals and peat NP
(3) High Density Residential District(R- 3,R- 4,11- 5,P -D)
- Residential planned developments C
- Single residential C
- Surface water oriented commercial' C
- Semipublic C
-Parks & historic sites C
- Duplex, triplex, quad residential P
- Forest management P
(4) General Use District (C -1 thru C -4, B /P, I -1 & I -C,
I -2 & P -D)
- Commercial P
- Commercial planned development" C
- Industrial C
- Public, semipublic P
• -Extractive use (Municipality Exempt) NP
-Parks & historic sites C
- Forest management P
- Mining of metallic minerals and peat NP
I- Permittedll•Iot Persitted C•CosditimalUse Permit Peqaired
`As accessory to a residential planned development.
'• Limited expansion of a commercial planned
development involving up to six additional
dwelling units or sites may be allowed as a
permitted use provided the provisions of Section
8.0 of this ordinance are satisfied.
B. Land Use Districts for Crow River - (within 300' setback
or landward extent of 100 year flood plain).
(1) Special Protection District
- Forest management
P
- Sensitive resource management
P
- Agricultural, cropland and pasture
P
- Agricultural feedlots
NP
-Parks and historic sites
C
- Extractive use
C
- Single residential
C
- Mining of metallic minerals and peat
NP
• 13
(2) Residential District (R -1, R -2 & P -D)
- Single residential P
- Semipublic C
-Parks and historic sites C
- Extractive use up
- Duplex, triplex, quad residential C
- Forest management P
- Mining of metallic minerals and peat NP
(3) High Density Residential (R -3, R -4, R -5 & P -D)
- Residential planned developments C
- Single residential C
- Surface water oriented commercial' C
- Semipublic C
-Parks and historic sites C
- Duplex, triplex, quad residential P
- Forest management P
(5) General Use District (C -1 thru C -4, B /P, I -1, I /C,
I -2 & P -D)
- Commercial P
- Commercial planned development" C
- Industrial C
- Public, semipublic P •
- Extractive use (Municipality Exempt) NP
-Parks and historic sites C
- Forest management P
- Mining of metallic minerals and peat NP
1•Pereitted C- Conditional Use Pendt lequired IP -Ict Periitted
`As accessory to a residential planned development.
"Limited expansion of a commercial planned
development involving up to six additional
dwelling units or sites may be allowed as a
permitted use provided the provisions of Section
8.0 of this ordinance are satisfied.
14 •
0
•
SECTION 5.0 - ZONING AND MATER SUPPLY /SAIFITARY PROVISIONS
5.1 Lot Area and Width Standards.
The lot area (in square feet) and lot width standards (in feet) for
single, duplex, triplex and quad residential lots created after the
date of enactment of this ordinance for the lake and river /stream
classifications are the following:
5.11 Unsewered Lakeshore Areas (Within 1000' of ordinary high water
mark.)
Riparian Lots Nonriparian Lots
Area Width Area Width
Single
20,000
100
40,000
150
Duplex
40,000
180
80,000
265
Triplex
60,000
260
120,000
375
Quad
80,000
340
160,000
490
5.12 Sewered Lakeshore Areas (Within 1000' of ordinary high water
mark.)
5.13 River Lot Width Standards. There is no minimum lot size
requirements for rivers, except for those imposed in the
Subdivision Ordinance. The lot width standards for single,
duplex, triplex and quad residential developments for the
South Fork Crow River is:
No Sewer Sewer
Single
Riparian
Lots
Nonriparian
Lots
115
Area
Width
Area
Width
Single
15,000
75
10,000
75
Duplex
26,000
135
17,500
135
Triplex
38,000
195
25,000
190
Quad
49,000
255
32,500
245
5.13 River Lot Width Standards. There is no minimum lot size
requirements for rivers, except for those imposed in the
Subdivision Ordinance. The lot width standards for single,
duplex, triplex and quad residential developments for the
South Fork Crow River is:
No Sewer Sewer
Single
100
75
Duplex
150
115
Triplex
200
150
Quad
250
190
These dimensions must be at least as wide as those required in the
Subdivision Ordinance for the Zoning District.
• 15
5.14 Additional Special Provisions.
A. Residential subdivisions with dwelling unit densities
exceeding those in the tables in Sections 5.12 and 5.13
can only be allowed if designed and approved as
residential planned developments under Section 8.0 of
this ordinance. Only land above the ordinary high water
level of public waters can be used to meet lot area
standards, and lot width standards must be met at both
the ordinary high water level and at the building line.
The sewer lot area dimensions in Section 5.12 can only
be used if publicly owned sewer system service is
available to the property.
B. Lots intended as controlled accesses to public waters or
as recreation areas for use by owners of nonriparian
lots within subdivisions are permissible and must meet
or exceed the following standards:
(1) They must meet the width and size requirements for
residential lots, and be suitable for the intended
uses of controlled access lots.
(2) If docking, mooring, or over -water storage of more
than six (6) watercraft is to be allowed at a
controlled access lot, then the width of the lot
(keeping the same lot depth) must be increased by the •
percent of the requirements for riparian residential
lots for each watercraft beyond six, consistent with
the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size Required increase
to shore length in frontage
(acres /mile) (percent)
Less than 100
25
100 -200
20
201 -300
15
301 -400
10
Greater than 400
5
(3) They must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the
subdivision who are provided riparian access rights on the
access lot; and
(4) Covenants or other equally effective legal instruments must
be developed that specify which lot owners have authority
to use the access lot and what activities are allowed. The
activities may include watercraft launching, loading, •
16
storage, beaching, mooring, or docking. They must also
include other outdoor recreational activities that do not
significantly conflict with general public use of the
public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the nonsignificant
conflict activities include swimming, sunbathing, or
picnicking. The covenants must limit the total number of
vehicles allowed to be parked and the total number of
watercraft allowed to be continuously moored, docked, or
stored over water, and must require centralization of all
common facilities and activities in the most suitable
locations on the lot to minimize topographic and vegetation
alterations. They must also require all parking areas,
storage buildings, and other facilities to be screened by
vegetation or topography as much as practical from view
from the public water, assuming summer, leaf -on conditions.
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots. When more than one setback
applies to a site, structures and facilities must be located to
meet all setbacks. Where structures exist on the adjoining
lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the
adjoining setbacks from the ordinary high water level, provided
the proposed building site is not located in a shore impact
zone or in a bluff impact zone. Structures shall be located as
• follows.
A. Structure and On -site Sewage System Setbacks (in feet) from
Ordinary High Water Level*.
Setbacks`
Classes of
Public Structures Sewage Treatment
Waters Unsewered /Sewered System
Lakes 75 50 50
River 100 50 75
'One water- oriented accessory structure designed in
accordance with Section 5.22 of this ordinance may be set
back a minimum distance of ten (10) feet from the ordinary
high water level.
B. Additional Structure Setbacks. The following additional
structure setbacks apply, regardless of the classification
of the waterbody,
0 17
Setback From: Setback (in feet)
(1) top of bluff; 30
(2) unplatted cemetery; 50
(3) right -of -way line of 50
federal, state, or
county highway; and
(4) right -of -way line of 20
town road, public street,
or other roads or streets
not classified.
C. Bluff Impact Zones. Structures and accessory facilities,
except stairways and landings, must not be placed within
bluff impact zones.
D. Uses Without Water- oriented Needs. Uses without
water - oriented needs must be located on lots or parcels
without public waters frontage, or, if located on lots or
parcels with public waters frontage, must either be set
back double the normal ordinary high water level setback or
be substantially screened from view from the water by
vegetation or topography, assuming summer, leaf -on
conditions. •
5.22 Design Criteria For Structures.
A. High Water Elevations. Structures must be placed in
accordance with any floodplain regulations applicable to
the site. See Section 8.18 of Hutchinson Zoning Ordinance.
B. Water - oriented Accessory Structures. Each lot may have one
water - oriented accessory structure not meeting the normal
structure setback in Section 5.21 of this ordinance if this
water- oriented accessory structure complies with the
following provisions:
(1) The structure or facility must not exceed ten feet in
height, exclusive of safety rails, and cannot occupy
an area greater than 250 square feet. Detached decks
must not exceed eight feet above grade at any point;
(2) The setback of the structure or facility from the
ordinary high water level must be at least ten feet;
18 0
(3) The structure or facility must be treated to reduce
' visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased
setbacks or color, assuming summer, leaf -on
conditions;
(4) The roof may be used as a deck with safety rails, but
must not be enclosed or used as a storage area;
(5) The structure or facility must not be designed or used
for human habitation and must not contain water supply
or sewage treatment facilities; and
(6) Water- oriented accessory structures used solely for
watercraft storage, and including storage of related
boating and water- oriented sporting equipment, may
occupy an area up to 400 square feet provided the
maximum width of the structure is 20 feet as measured
parallel to the configuration of the shoreline.
C. Stairways, Lifts, and Landings. Stairways and lifts are
the preferred alternative to major topographic alterations
for achieving access up and dorm bluffs and steep slopes to
shore areas. Stairways and lifts must meet the following
design requirements:
• (1) Stairways and lifts must not exceed four feet in width
on residential lots. Wider stairways may be used for
commercial properties, public open -space recreational
properties, and planned developments;
(2) Landings for stairways and lifts on residential lots
must not exceed 32 square feet in area. landings
larger than 32 square feet may be used for commercial
properties, public open -space recreational properties,
and planned developments;
(3) Canopies or roofs are not allowed on stairways, lifts,
or landings;
(4) Stairways, lifts, and landings may be either
constructed above the ground on posts or pilings, or
placed into the ground, provided they are designed and
built in a manner that ensures control of soil
erosion;
(5) Stairways, lifts, and landings must be located in the
most visually inconspicuous portions of lots, as
viewed from the surface of the public water assuming
summer, leaf -on conditions, whenever practical; and
19
(6) Facilities such as ramps, lifts, or mobility paths for
physically handicapped persons are also allowed for
achieving access to shore areas, provided that the
dimensional and performance standards of subitems (1)
to (5) are complied with in addition to the
requirements of Minnesota Regulations, Chapter 1340.
D. Significant Historic Sites. No structure may be placed on
a significant historic site in a manner that affects the
values of the site unless adequate information about the
site has been removed and documented in a public
repository.
E. Steep Slopes. The Director of Engineering and /or Zoning
Administrator must evaluate possible soil erosion impacts
and development visibility from public waters before
issuing a permit for construction of sewage treatment
systems, roads, driveways, structures, or other
improvements on steep slopes. when determined necessary,
conditions must be attached to issued permits to prevent
erosion and to preserve existing vegetation screening of
structures, vehicles, and other facilities as viewed from
the surface of public waters, assuming summer, leaf -on
vegetation.
5.23 Height of Structures. All structures in residential districts,
except churches and nonresidential agricultural structures, •
must not exceed 25 feet in height, based on the definition in
Section 2.728.
5.3 Shoreland Alterations
Alterations of vegetation and topography will be regulated to prevent
erosion into public waters, fix nutrients, preserve shoreland
aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat.
5.31 Vegetation Alterations.
A. Vegetation alteration necessary for the construction of
structures and sewage treatment systems and the
construction of roads and parking areas regulated by
Section 5.4 of this ordinance are exempt from the
vegetation alteration standards that follow.
B. Removal or alteration of vegetation, except for
agricultural and forest management uses as regulated in
Sections 5.62 and 5.63, respectfully, is allowed subject to
the following standards:
20 0
(1) Intensive vegetation clearing within the shore and _
bluff impact zones and on steep slopes is not allowed.
Intensive vegetation clearing for forest land
conversion to another use outside of these areas is
allowable as a conditional use if an erosion control
and sedimentation plan is developed and approved by
the soil and water conservation district in which the
property is located.
(2) In shore and bluff impact zones and on steep slopes,
limited clearing of trees and shrubs and cutting,
pruning, and trimming of trees is allowed to provide
a view to the water from the principal dwelling site
and to accommodate the placement of stairways and
landings, picnic areas, access paths, livestock
watering areas, beach and watercraft access areas, and
permitted water- oriented accessory structures or
facilities, provided that:
(a) The screening of structures, vehicles, or other
facilities as viewed from the water, assuming
summer, leaf -on conditions, is not substantially
reduced;
(b) Along rivers, existing shading of water surfaces
is preserved; and
• (c) The above provisions are not applicable to the
removal of trees, limbs, or branches that are
dead, diseased, or pose safety hazards.
5.32 Topographic Alterations /Grading and Filling.
A. Grading and filling and excavations necessary for the
construction of structures, sewage treatment systems, and
driveways under validly issued construction permits for
these facilities do not require the issuance of a separate
grading and filling permit. However, the grading and
filling standards in this Section must be incorporated into
the issuance of permits for construction of structures,
sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4
of this ordinance.
C. Notwithstanding Items A. and B. above, a grading and
filling permit will be required for:
(1) The movement of more than ten (10) cubic yards of
material on steep slopes or within shore or bluff
impact zones; and
0 21
(2) The movement of more than 50 cubic yards of material
outside of steep slopes and shore and bluff impact
zones.
D. The following considerations and conditions must be adhered
to during the issuance of construction permits, grading and
filling permits, conditional use permits, variances and
subdivision approvals:
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8
wetland must be evaluated to determine how extensively
the proposed activity would affect the following
functional qualities of the wetland':
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce
flood damage;
(c) fish and wildlife habitat;
(d) recreational use;
(e) shoreline or bank stabilization; and
(f) noteworthiness, including special qualities such
as historic significance, critical habitat for
endangered plants and animals, or others. •
*This evaluation must also include a determination of
whether the wetland alteration being proposed requires
permits, reviews, or approvals by other local, state,
or federal agencies such as a watershed district, the
Minnesota Department of Natural Resources, or the
United States Army Corps of Engineers. The applicant
will be so advised.
(2) Alterations must be designed and conducted in a manner
that ensures only the smallest amount of bare ground
is exposed for the shortest time possible;
(3) Mulches or similar materials must be used, where
necessary, for temporary bare soil coverage, and a
permanent vegetation cover must be established as soon
as possible;
(4) Methods to minimize soil erosion and to trap sediments
before they reach any surface water feature must be
used;
22 •
(5) Altered areas must be stabilized to acceptable erosion
• control standards consistent with the field office
technical guides of the local soil and water
conservation districts and the United States Soil
Conservation Service;
(6) Fill or excavated material must not be placed in a
manner that creates an unstable slope;
(7) Plans to place fill or excavated material on steep
slopes must be reviewed by qualified professionals for
continued slope stability and must not create finished
slopes of 30 percent or greater;
(8) Fill or excavated material must not be placed in bluff
impact zones;
(9) Any alterations below the ordinary high water level of
public waters must first be authorized by the
commissioner under Minnesota Statutes, Section
1036.245;
(10) Alterations of topography must only be allowed if they
are accessory to permitted or conditional uses and do
not adversely affect adjacent or nearby properties;
and
• (11) Placement of natural rock riprap, including associated
grading of the shoreline and placement of a filter
blanket, is permitted if the finished slope does not
exceed three feet horizontal to one foot vertical, the
landward extent of the riprap is within ten feet of
the ordinary high water level, and the height of the
riprap above the ordinary high water level does not
exceed three feet.
E. Connections to public waters. Excavations where the
intended purpose is connection to a public water, such as
boat slips, canals, lagoons, and harbors, must be controlled
by local shoreland controls. Permission for excavations may
be given only after the commissioner has approved the
proposed connection to public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to
take advantage of natural vegetation and topography to achieve
maximum screening from view from public waters. Documentation
must be provided by a qualified individual that all roads and
parking areas are designed and constructed to minimize and
control erosion to public waters consistent with the field
• 23
office technical guides of the local soil and water
conservation district, or other applicable technical materials. •
5.42 Roads, driveways, and parking areas must meet structure
setbacks and must not be placed within bluff and shore impact
zones, when other reasonable and feasible placement
alternatives exist. If no alternatives exist, they may be
placed within these areas, and must be designed to minimize
adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and
access - related parking areas may be placed within shore impact
zones provided the vegetative screening and erosion control
conditions of this subpart are met. For private facilities,
the grading and filling provisions of Section 5.32 of this
ordinance must be met.
5.5 Stormwater Hanagement.
The following general and specific standards shall apply:
5.51 General Standardst
A. When possible, existing natural drainageways, wetlands, and
vegetated soil surfaces must be used to convey, store,
filter, and retain stormwater runoff before discharge to
public waters. •
B. Development must be planned and conducted in a manner that
will minimize the extent of disturbed areas, runoff
velocities, erosion potential, and reduce and delay runoff
volumes. Disturbed areas must be stabilized and protected
as soon as possible and facilities or methods used to retain
sediment on the site.
C. When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately
handle stormwater runoff using natural features and
vegetation, various types of constructed facilities such as
diversions, settling basins, skimming devices, dikes,
waterways, and ponds may be used. Preference must be given
to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and man-made materials
and facilities.
5.52 Specific Standards:
A. Impervious surface coverage of lots must not exceed 25
percent of the lot area.
24 •
B. When constructed facilities are used for stormwater
• management, documentation must be provided by a qualified
individual that they are designed and installed consistent
with the field office technical guide of the local soil and
water conservation districts.
C. New constructed stormwater outfalls to public waters must
provide for filtering or settling of suspended solids and
skimming of surface debris before discharge.
5.6 Special Provisions for Commercial, Industrial, Public/ Semipublic
5.61 Standards for Commercial, Industrial, Public, and
Semipublic Uses.
A. Surface water- oriented commercial uses and industrial,
public, or semipublic uses with similar needs to have access
to and use of public waters may be located on parcels or
lots with frontage on public waters. Those uses with
water - oriented needs must meet the following standards:
(1) In addition to meeting impervious coverage limits,
setbacks, and other zoning standards in this
ordinance, the uses must be designed to incorporate
topographic and vegetative screening of parking areas
and structures;
• (2) Uses that require short-term watercraft mooring for
patrons must centralize these facilities and design
them to avoid obstructions of navigation and to be the
minimum size necessary to meet the need; and
(3) Uses that depend on patrons arriving by watercraft may
use signs and lighting to convey needed information to
the public, subject to the following general
standards:
(a) No advertising signs or supporting facilities for
signs may be placed in or upon public waters.
Signs conveying information or safety messages may
be placed in or on public waters by a public
authority or under a permit issued by the county
sheriff;
(b) Signs may be placed, when necessary, within the
shore impact zone if they are designed and sized
to be the minimum necessary to convey needed
information. They must only convey the location
and name of the establishment and the general
types of goods or services available. The signs
must not contain other detailed information such
• as product brands and prices, must not be located
25
higher than ten feet above the ground, and must
not exceed 32 square feet in size. If illuminated •
by artificial lights, the lights must be shielded
or directed to prevent illumination out across
public waters; and
(c) Other outside lighting may be located within the
shore impact zone or over public waters if it is
used primarily to illuminate potential safety
hazards and is shielded or other -rise directed to
prevent direct illumination out across public
waters. This does not preclude use of
navigational lights.
B. Uses without water- oriented needs must be located on lots
or parcels without public waters frontage, or, if located
on lots or parcels with public waters frontage, must either
be set back double the normal ordinary high water level
setback or be substantially screened from view from the
water by vegetation or topography, assuming summer, leaf -on
conditions.
5.62 Agriculture Use Standards. General cultivation farming,
grazing, nurseries, horticulture, truck farming, sod farming,
and wild crop harvesting are permitted uses if steep slopes and
shore and bluff impact zones are maintained in permanent
vegetation or operated under an approved conservation plan •
(Resource Management Systems) consistent with the field office
technical guides of the local soil and water conservation
districts or the United States Soil Conservation Service, as
provided by a qualified individual or agency. The shore impact
zone for parcels with permitted agricultural land uses is equal
to a line parallel to and 50 feet from the ordinary high water
level.
5.63 Forest Management Standards. The harvesting of timber and
associated reforestation must be conducted consistent with the
provisions of the Minnesota Nonpoint Source Pollution
Assessment - Forestry and the provisions of Hater Quality in
Forest Management "Best Management Practices in Minnesota ".
5.64 Extractive Use Standards. Extractive uses are prohibited
except for municipal uses within I -2 zones and for municipal
pond development areas.
5.65 Mining of Metallic Minerals and Peat Prohibited.
26
•
5.7 Conditional Uses
• Conditional uses allowable within shoreland areas shall be subject to
the review and approval procedures, and criteria and conditions for
review of conditional uses established community -wide. The following
additional evaluation criteria and conditions apply within shoreland
areas
5.71 Evaluation criteria. A thorough evaluation of the waterbody
and the topographic, vegetation, and soils conditions on the
site must be made to ensure:
(1) The prevention of soil erosion or other possible pollution
of public waters, both during and after construction;
(2) The visibility of structures and other facilities as viewed
from public waters is limited;
(3) The site is adequate for water supply and on -site sewage
treatment; and
(4) The types, uses, and numbers of watercraft that the project
will generate are compatible in relation to the suitability
of public waters to safely accommodate these watercraft.
5.72 Conditions attached to conditional use permits. The Planning
• Commission and City Council, upon consideration of the criteria
listed above and the purposes of this ordinance, shall attach
such conditions to the issuance of the conditional use permits
as it deems necessary to fulfill the purposes of this
ordinance. Such conditions may include, but are not limited
to, the following:
(1) Increased setbacks from the ordinary high water level;
(2) Limitations on the natural vegetation to be removed or the
requirement that additional vegetation be planted; and
(3) Special provisions for the location, design, and use of
structures, sewage treatment systems, watercraft launching
and docking areas, and vehicle parking areas.
5.8 Water Supply and Sewage Treatment
5.81 Water Supply. Any public or private supply of water for
domestic purposes must meet or exceed standards for water
quality of the Minnesota Department of Health and the Minnesota
Pollution Control Agency.
5.82 Sewage treatment. Any premises used for human occupancy must
be provided with an adequate method of sewage treatment, as
follows:
• 27
A. Publicly -owned sewer systems must be used where available.
B. All private sewage treatment systems must meet or exceed
the Minnesota Pollution Control Agency's standards for
individual sewage treatment systems contained in the
document titled, "Individual Sewage Treatment Systems
Standards, Chapter 7080 ", a copy of which is hereby adopted
by reference and declared to be a part of this ordinance.
C. On -site sewage treatment systems must be set back from the
ordinary high water level in accordance with the setbacks
contained in Section 5.21 of this ordinance.
D. All proposed sites for individual sewage treatment systems
shall be evaluated in accordance with the criteria in
subitems (1) -(4). If the determination of a site's
suitability cannot be made with publicly available,
existing information, it shall then be the responsibility
of the applicant to provide sufficient soil borings and
Percolation tests from on -site field investigations.
Evaluation criteria:
(1) depth to the highest known or calculated ground
water table or bedrock;
(2) soil conditions, properties, and permeability;
(3) slope;
(4) the existence of lowlands, local surface •
depressions, and rock outcrops;
E. Nonconforming sewage treatment systems shall be regulated
and upgraded in accordance with section 6.3 of this
ordinance.
28 •
�j SECTION 6.0 - MONCON OMEMMS
y All legally established nonconformities as of the date of this ordinance may
continue, but they will be managed according to applicable state statutes and
other regulations of this community for the subjects of alterations and
additions, repair after damage, discontinuance of use, and intensification of
use; except that the following standards will also apply in shoreland areas:
6.1 Construction on nonconforming lots of record.
A. Lots of record in the office of the county recorder on the date
of enactment of local shoreland controls that do not meet the
requirements of Section 5.1 of this ordinance may be allowed as
building sites without variances from lot size requirements
provided the use is permitted in the zoning district, the lot
has been in separate ownership from abutting lands at all times
since it became substandard, was created compliant with
official controls in effect at the time, and sewage treatment
and setback requirements of this ordinance are met.
B. A variance from setback requirements must be obtained before
any use, sewage treatment system, or building permit is issued
for a lot. In evaluating the variance, the Planning
Commission /City Council shall consider sewage treatment and
water supply capabilities or constraints of the lot and shall
• deny the variance if adequate facilities cannot be provided.
C. If, in a group of two or more contiguous lots under the same
ownership, any individual lot does not meet the requirements of
Section 5.1 of this ordinance the lot must not be considered as
a separate parcel of land for the purposes of sale or
development. The lot must be combined with the one or more
contiguous lots so they equal one or more parcels of land, each
meeting the requirements of Section 5.1 of this ordinance as
much as possible.
6.2 Additions /expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an
existing nonconforming structure must meet the setback, height,
and other requirements of Section 5.0 of this ordinance. Any
deviation from these requirements must be authorized by a
variance pursuant to Section 3.3.
B. Deck additions may be allowed without a variance to a structure
not meeting the required setback from the ordinary high water
level if all of the following criteria and standards are met:
(1) The structure existed on the date the structure setbacks
were established;
• 29
(2) A thorough evaluation of the property and structure reveals
no reasonable location for a deck meeting or exceeding the
existing ordinary high water level setback of the
structure;
(3) The deck encroachment toward the ordinary high water level
does not exceed 15 percent of the existing setback of the
structure from the ordinary high water level or does not
encroach closer than 30 feet, whichever is more
restrictive; and
(4) The deck is constructed primarily of wood, and is not
roofed or screened.
6.3 Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of
Section 5.8 of this ordinance must be upgraded, at a minimum,
at any time a permit or variance of any type is required for
any improvement on, or use of, the property. For the purposes
of this provision, a sewage treatment system shall not be
considered nonconforming if the only deficiency is the sewage
treatment system's improper setback from the ordinary high
water level.
B. The governing body of Hutchinson has by formal resolution
notified the commissioner of its program to identify •
nonconforming sewage treatment systems. The City of Hutchinson
will require upgrading or replacement of any nonconforming
system identified by this program within a reasonable period of
time which will not exceed 2- years. Sewage systems installed
according to all applicable local shoreland management
standards adopted under Minnesota Statutes, section 105.485, in
effect at the time of installation may be considered as
conforming unless they are determined to be failing, except
that systems using cesspools, leaching pits, seepage pits, or
other deep disposal methods, or systems with less soil
treatment area separation above groundwater than required by
the Minnesota Pollution Control Agency's Chapter 7080 for
design of on -site sewage treatment systems, shall be considered
nonconforming.
0101
SECTION 7.0 - SUBDMSION/PlATf E PROVISIONS
7.11 Land suitability. Each lot created through subdivision,
including planned developments authorized under Section 8.0 of
this ordinance, must be suitable in its natural state for the
proposed use with minimal alteration. Suitability analysis by
the local unit of government shall consider susceptibility to
flooding, existence of wetlands, soil and rock formations with
severe limitations for development, severe erosion potential,
steep topography, inadequate water supply or sewage treatment
capabilities, near -shore aquatic conditions unsuitable for
water -based recreation, important fish and wildlife habitat,
presence of significant historic sites, or any other feature of
the natural land likely to be harmful to the health, safety, or
welfare of future residents of the proposed subdivision or of
the community.
7.12 Consistency with other controls. Subdivisions must conform to
all official controls of this community. A subdivision will
not be approved where a later variance from one or more
standards in official controls would be needed to use the lots
for their intended purpose. In areas not served by publicly
owned sewer and water systems, a subdivision will not be
approved unless domestic water supply is available and a sewage
treatment system consistent with Sections 5.2 and 5.6 can be
provided for every lot. Each lot shall meet the minimum lot
• size and dimensional requirements of Section 5.1, including at
least a minimum contiguous lawn area, that is free of limiting
factors sufficient for the construction of two standard soil
treatment systems. Lots that would require use of holding
tanks must not be approved.
7.13 Information requirements. Sufficient information must be
submitted by the applicant for the community to make a
determination of land suitability. The information shall
include at least the following:
(1) Topographic contours at ten -foot intervals or less from
United States Geological Survey maps or more accurate
sources, showing limiting site characteristics;
(2) The surface water features required in Minnesota Statutes,
section 505.02, subdivision 1, to be shown on plats,
obtained from United States Geological Survey quadrangle
topographic maps or more accurate sources;
(3) Adequate soils information to determine suitability for
building and on -site sewage treatment capabilities for
every lot from the most current existing sources or from
field investigations such as soil borings, percolation
tests, or other methods;
• 31
(4) Information regarding adequacy of domestic water supply;
extent of anticipated vegetation and topographic
alterations; near -shore aquatic conditions, including
depths, types of bottom sediments, and aquatic vegetation;
and proposed methods for controlling stormwater runoff and
erosion, both during and after construction activities;
(5) Location of 100 -year flood plain areas and floodway
districts from existing adopted maps or data; and
(6) A line or contour representing the ordinary high water
level, the "toe" and the "top" of bluffs, and the minimum
building setback distances from the top of the bluff and
the lake or stream.
7.14 Dedications. When a land or easement dedication is a condition
of subdivision approval, the approval must provide easements
over natural drainage or ponding areas for management of
stormwater and significant wetlands.
7.15 Platting. All subdivisions that create three or more lots or
parcels that are 5 acres or less in size shall be processed as
a plat in accordance with Minnesota Statutes, Chapter 505. No
permit for construction of buildings or sewage treatment
systems shall be issued for lots created after these official
controls were enacted unless the lot was approved as part of a
formal subdivision. •
7.16 Controlled Access or Recreational Lots. Lots intended as
controlled accesses to public waters or for recreational use
areas for use by nonriparian lots within a subdivision must
meet or exceed the sizing criteria in Section 5.14 of this
ordinance.
32 •
sEmom a. o - PLhmm DEvEMPHENTS (PD's)
B.1 Types of PD's Permissible
Planned developments (PD's) are
allowed for
new projects
on
undeveloped land, redevelopment
of previously
built sites,
or
conversions of existing buildings
and land. The
land use districts
in which they are an allowable use are identified in the land
use
district descriptions in Section
4.2 of this
ordinance and
the
official zoning map.
8.2 Processing of PD's
Planned developments must be processed as a conditional use. Approval
cannot occur until the environmental review process (EAW /EIS) is
complete.
8.3 Application for a PD
The applicant for a PD must submit the following documents prior to
final action being taken on the application request:
8.31 A site plan and plat for the project showing locations of
property boundaries, surface water features, existing and
proposed structures and other facilities, land alterations,
sewage treatment infrastructure and water supply systems (where
• public systems will not be provided), and topographic contours
at ten -foot intervals or less. When a PD is a combined
commercial and residential development, the site plan and plat
must indicate and distinguish which buildings and portions of
the project are residential, commercial, or a combination of
the two.
8.32 A property owners association agreement (for residential PD's)
with mandatory membership, and all in accordance with the
requirements of Section 8.6 of this ordinance.
8.33 Deed restrictions, covenants, permanent easements or other
instruments that: 1) properly address future vegetative and
topographic alterations, construction of additional buildings,
beaching of watercraft, and construction of commercial
buildings in residential PD's; and 2) ensure the long -term
preservation and maintenance of open space in accordance with
the criteria and analysis specified in Section 8.6 of this
ordinance.
8.34 When necessary, a master plan/drawing describing the project
and the floor plan for all commercial structures to be
occupied.
• 33
8.35 Those additional
documents as
requested by
the City of
Hutchinson that are
necessary to
explain how
the PD will be
designed and will
function.
8.4 Site 'SUitable Urea' Evaluation
Proposed new or expansions to existing planned developments must be
evaluated using the following procedures and standards to determine the
suitable area for the dwelling unit /dwelling site density evaluation in
Section 8.5.
8.41 The project parcel must be divided into tiers by locating one
or more lines approximately parallel to a line that identifies
the ordinary high water level at the following intervals,
proceeding landwardz
Shoreland Tier Dimensions
Unsewered Sewered
(feet) (feet)
Lakeshore Areas
first tier 200 200
Lakeshore Areas
second and additional tiers 267 200
River Areas 300 300 •
8.42 The suitable area within each tier is next calculated by
excluding from the tier area all wetlands, bluffs, or land
below the ordinary high water level of public waters. This
suitable area and the proposed project are then subjected to
either the residential or commercial planned development
density evaluation steps to arrive at an allowable number of
dwelling units or sites.
8.5 Residential and Commercial PD Density Evaluation
The procedures for determining the "base" density of a PUD and density
increase multipliers are as follows. Allowable densities may be
transferred from any tier to any other tier further from the
waterbody, but must not be transferred to any other tier closer.
8.51 Residential PD 'Base' Density Evaluation:
A. The suitable area within each tier is divided by the single
residential lot size standard for lakes or, for rivers, the
single residential lot width standard times the tier depth.
Proposed locations and numbers of dwelling units or sites
for the residential planned developments are then
34 •
compared with the tier, density, and suitability analyses
herein and the design criteria in Section 8.6
8.52 Co=ercial PD 'Base' Density Evaluation:
A. Determine the average inside living area size of dwelling
units or sites within each tier, including both existing
and proposed units and sites. Computation of inside living
area sizes need not include decks, patios, stoops, steps,
garages, or porches and basements, unless they are
habitable space.
B. Select the appropriate floor area ratio from the following
table:
'Average Unit Floor Floor
Area (Sq. Ft.) Area Ratio
200
.040
300
.048
400
.056
500
.065
600
.072
700
.082
800
.091
900
.099
1,000
.108
• 1,100
.116
1,200
.125
1,300
.133
1,400
.142
1,500
.150
`For average unit floor areas less than shown, use the floor
area ratios listed for 200 square feet. For areas greater
than shown, use the ratios listed for 1,500 square feet. For
recreational camping areas, use the ratios listed at 400
square feet. Manufactured home sites in recreational camping
areas shall use a ratio equal to the size of the manufactured
home, or if unknown, the ratio listed for 1,000 square feet.
C. Multiply the suitable area within each tier by the floor area
ratio to yield total floor area for each tier allowed to be
used for dwelling units or sites.
D. Divide the total floor area by tier computed in Item C. above
by the average inside living area size determined in Item A.
above. This yields a base number of dwelling units and sites
for each tier.
• 35
B. Proposed locations and numbers of dwelling units or sites for
the commercial planned development are then compared with the
tier, density and suitability analyses herein and the design
criteria in Section 8.6.
8.53 Density Increase Multipliers:
A. Increases to the dwelling unit or dwelling site base densities
previously determined are allowable if the dimensional standards
in Section 5.0 are met or exceeded and the design criteria in
Section 8.6 are satisfied. The allowable density increases in
Item B. below will only be allowed if structure setbacks from the
ordinary high water level are increased to at least 50 percent
greater than the minimum setback, or the impact on the waterbody
is reduced an equivalent amount through vegetative management,
topography, or additional means acceptable to the local unit of
government and the setback is at least 25 percent greater than
the minimum setback.
B. Allowable Dwelling Unit or Dwelling Site Density Increases for
Residential or Commercial Planned Developments:
Density evaluation tiers Maximum density increase
within each tier (percent)
First
50
Second
100
Third
200 •
Fourth
200
Fifth
200
8.6 Maintenance and Design Criteria
8.61 Maintenance and Administration Requirements.
A. Before final approval of a planned development, adequate
provisions must be developed for preservation and maintenance in
Perpetuity of open spaces and for the continued existence and
functioning of the development.
B. Open space preservation. Deed restrictions, covenants, permanent
easements, public dedication and acceptance, or other equally
effective and permanent means must be provided to ensure
long -term preservation and maintenance of open space. The
instruments must include all of the following protections:
(1) Commercial uses prohibited (for residential PD's);
(2) Vegetation and topographic alterations other than routine
maintenance prohibited;
36 •
(3) Construction of additional buildings or storage of vehicles
and other materials prohibited; and
(4) Uncontrolled beaching of watercraft prohibited.
C. Development organization and functioning. Unless an equally
effective alternative community framework is established, when
applicable, all residential planned developments must use an
owners association with the following features:
(1) Membership must be mandatory for each dwelling unit or site
purchaser and any successive purchasers;
(2) Each member must pay a pro rata share of the association's
expenses, and unpaid assessments can become liens on units
or sites;
(3) Assessments must be adjustable to accommodate changing
conditions; and
(4) The association must be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
8.62 Open Space Requirements. Planned developments must contain open space
meeting all of the following criteria:
• (1) At least 50 percent of the total project area must be preserved
as open space;
(2) Dwelling units or sites, road rights -of -way, or land covered by
road surfaces, parking areas, or structures, except
water- oriented accessory structures or facilities, are developed
areas and shall not be included in the computation of minimum
open space;
(3) Open space must include areas with physical characteristics
unsuitable for development in their natural state, and areas
containing significant historic sites or unplatted cemeteries;
(4) Open space may include outdoor recreational facilities for use by
owners of dwelling units or sites, by guests staying in
commercial dwelling units or sites, and by the general public;
(5) Open space must not include commercial facilities or uses, but
may contain water - oriented accessory structures or facilities;
(6) The appearance of open space areas, including topography,
vegetation, and allowable uses, must be preserved by use of
restrictive deed covenants, permanent easements, public
dedication and acceptance, or other equally effective and
permanent means; and
. 37
(7) The shore impact zone, based on normal structure setbacks, must
be included as open space. For residential PD's, at least 50
percent of the shore impact zone area of existing developments or
at least 70 percent of the shore impact zone area of new
developments must be preserved in its natural or existing state.
For commercial PD's, at least 50 percent of the shore impact zone
must be preserved in its natural state.
8.63 Erosion Control and Stormwater Management. Erosion control and
stormwater management plans must be developed and the PD must:
(1) be designed, and the construction managed, to minimize the
likelihood of serious erosion occurring either during or after
construction. This must be accomplished by limiting the amount
and length of time of bare ground exposure. Temporary ground
covers, sediment entrapment facilities, vegetated buffer strips,
or other appropriate techniques must be used to minimize erosion
impacts on surface water features. Erosion control plans
approved by a soil and water conservation district may be
required if project size and site physical characteristics
warrant; and
(2) be designed and constructed to effectively manage reasonably
expected quantities and qualities of stormwater runoff.
Impervious surface coverage within any tier must not exceed 25
percent of the tier area, except that for commercial PD's 35
percent impervious surface coverage may be allowed in the first •
tier of general development lakes with an approved stormwater
management plan and consistency with Section 5.3.
8.64 Centralization and Design of Facilities. Centralization and design
of facilities and structures must be done according to the following
standards
(1) Planned developments must be connected to publicly owned water
supply and sewer systems.
(2) Dwelling units or sites must be clustered into one or more groups
and located on suitable areas of the development. They must be
designed and located to meet or exceed the following dimensional
standards for the relevant shoreland classifications setback
from the ordinary high water level, elevation above the surface
water features, and maximum height. Setbacks from the ordinary
high water level must be increased in accordance with Section
8.53 of this ordinance for developments with density increases;
(3) Shore recreation facilities, including but not limited to
swimming areas, docks, and watercraft mooring areas and launching
ramps, must be centralized and located in areas suitable for
them. Evaluation of suitability must include consideration of
land slope, water depth, vegetation, soils, depth to groundwater
and bedrock, or other relevant factors. The number of spaces •
38
provided for continuous beaching, mooring, or docking of
watercraft must not exceed one for each allowable dwelling unit
or site in the first tier (notwithstanding existing mooring sites
in an existing commercially used harbor). Launching ramp
facilities, including a small dock for loading and unloading
equipment, may be provided for use by occupants of dwelling units
or sites located in other tiers;
(4) Structures, parking areas, and other facilities must be treated
to reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color,
or other means acceptable to the local unit of government,
assuming summer, leaf -on conditions. Vegetative and topographic
screening must be preserved, if existing, or may be required to
be provided;
(5) Accessory structures and facilities, except water oriented
accessory structures, must meet the required principal structure
setback and must be centralized; and
(6) Water- oriented accessory structures and facilities may be allowed
if they meet or exceed design standards contained in Section 5.2
of this ordinance and are centralized.
8.7 Conversions
• Local governments may allow existing resorts or other land uses and
facilities to be converted to residential planned developments if all
of the following standards are met:
8.71 Proposed conversions must be initially evaluated using the
same procedures for residential planned developments involving
all new construction. Inconsistencies between existing
features of the development and these standards must be
identified.
8.72 Deficiencies involving water supply and sewage treatment,
structure color, impervious coverage, open space, and shore
recreation facilities must be corrected as part of the
conversion or as specified in the conditional use permit.
8.73 Shore and bluff impact zone deficiencies must be evaluated and
reasonable improvements made as part of the conversion. These
improvements must include, where applicable, the following:
(1) Removal of extraneous buildings, docks, or other
facilities that no longer need to be located in shore or
bluff impact zones;
(2) remedial measures to correct erosion sites and improve
vegetative cover and screening of buildings and other
facilities as viewed from the water; and
• 39
(3) If existing dwelling units are located in shore or bluff
impact zones, conditions are attached to approvals of
conversions that preclude exterior expansions in any
dimension or substantial alterations. The conditions
must also provide for future relocation of dwelling
units, where feasible, to other locations, meeting all
setback and elevation requirements when they are rebuilt
or replaced.
8.74 Existing dwelling unit or dwelling site densities that exceed
standards in Section 8.5 may be allowed to continue but must
not be allowed to be increased, either at the time of
conversion or in the future. Efforts must be made during the
conversion to limit impacts of high densities by requiring
seasonal use, improving vegetative screening, centralizing
shore recreation facilities, installing new sewage treatment
systems, or other means.
40 •
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DATEa March 18, 1992
T0i Hutchinson Citv Council
FROMs Hutchinson Planning Commission
SUBJECTi CONSIDERATION OF VARIANCE REQUESTED BY DWIGHT BORDSON FOR
THE CONSTRUCTION OF AN ADDITION TO A NON - CONFORMING HOUSE
Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the
Hutchinson Planning Commission is hereby submitting its findings of
fact and recommendation with respect to the aforementioned request
for a variance.
HISTORY
On February 28, 1992, Hr. Dwight Bordson submitted an application
• for a variance for reduction from 6' to 3' for an addition onto a
non - conforming house located at 56 Grove St. A hearing was held at
the regular meeting of the Planning Commission on Tuesday, March
17, 1992, at which time there was no one present objecting to the
request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were sailed to the surrounding property owners as well
as published in the Hutchinson Leader on Thursday, March 5,
1992.
RECOMMENDATION
it is the recommendation of the Planning Commission that the
variance be approved as set forth above.
Respectfully submitted,
• Clint Gruett, Chairman
Hutchinson Planning Com ission
City Hall Parks & Recreation Polrce�eparbneut
37 Washington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350 /r
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RESOLUTION NO. 9682
• RESOLUTION GRANTING VARIANCE FROM SECTION 6.05 OF
ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER TO
CONSTRUCT AN ADDITION UNTO A NON- CONFORMING HOUSE
•
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
HINNESOTAt
FINDINGS
1. Mr. Dwight Bordson, has applied for a variance from
Section 7 of Zoning Ordinance No. 464 to allow the reduction from
6' to 3' side yard setback for an addition unto a non - conforming
house with the following legal descriptions
South Half of Lot Three (3) in Block Ten (10) in the
Townsite of Hutchinson South Half
2. The Planning Commission has reviewed the application for
a variance and has recommended to the City Council that the
application be approved as set forth above.
3. The Council has considered the effect of the proposed
variance upon the health, safety, and welfare of the community,
existing and anticipated traffic conditions, light and air, danger
of fire, risk to the public safety, and the values of property in
the surrounding area and the effect of the proposed variance upon
the Comprehensive Plan.
4. Because of conditions on the subject property and on the
surrounding property, it is possible to use the subject property in
such a way that the proposed variance will not impair an adequate
supply of light and air to adjacent property, unreasonably diminish
or impair health, safety, comfort, morals, or in any other aspect
be contrary to the intent of the ordinance and the Comprehensive
Plan.
5. The special conditions applying to the structure or land
in question are peculiar to such property or immediately adjoining
property and do not apply generally to other land or structures in
the district in which such land is located.
6. The granting of the application is necessary for the
preservation and enjoyment of a substantial property right of the
applicant. It will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or
difficulty.
CONCLUSION
The application for variance for the purpose designated is
approved as set for above.
Adopted by the City Council this 24th day of March, 1992.
ATTESTt
Gary D. Plotz, City Adm. Paul L. Ackland, Mayor
0
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DATE: March 18, 1992
TOf Hutchinson City Council
FROMf Hutchinson Planning Commission
SUBJECTf CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
DWIGHT BORDSON FOR CONSTRUCTION OF ADDITION TO NON-
CONFORMING HOUSE
Pursuant to Section 6.07, of Zoning Ordinance No. 464, the
Hutchinson Planning Commission is hereby submitting its findings of
fact and recommendation with respect to the aforementioned request
for a conditional use permit.
HISTORY
On February 28, 1992, Dwight Bordson, submitted an application for
a conditional use permit to allow for the construction of an
addition to a non - conforming house located at 56 Grove St. A
public hearing was held at the regular meeting of the Planning
Commission on Tuesday, March 17, 1992, at which time there was no
one present who objected to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well
as published in the Hutchinson Leader on Thursday, March 5,
1992.
3. The proposal is in conformance with the requirements of a
conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the
aforementioned request for a conditional use permit for two
additions be approved based on the findings set forth above.
City Hall
37 Washington Avenue West
(612) 557 -5151
Respectfully submitted,
Clint Gruett, Chairman
Hutchinson Planning Commission
Parks &Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
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10 Franklin Street South
(612) 587 -2242
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RESOLUTION N0.9683
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO
. ALLOW CONSTRUCTION OF ADDITION TO A NON - CONFORMING HOUSE
LOCATED AT 56 GROVE ST.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, HNs
FINDINGS
1. Mr. Dwight Bordson, has made application to the City
Council for a Conditional Use Permit under Section 6.07 of Zoning
Ordinance No. 464 to allow for the construction of an addition to
a non - conforming house located at 56 Grove St. with the following
legal description:
South Half of Lot Three (3) in Block Ten (10) in the
Townsite of Hutchinson South Half
2. The City Council has considered the recommendation of the
Planning Commission and the effect of the proposed use on the
health, safety, and welfare of the occupants of the surrounding
lands, existing and anticipated traffic conditions, and the effect
on values of properties in the surrounding area and the effect-of
the use on the Comprehensive Plan.
3. The Council has determined that the proposed use will not
be detrimental to the health, safety, or general welfare of the
• community nor will it cause serious traffic congestion nor hazards,
nor will it seriously depreciate surrounding property values, and
the proposed use is in harmony with the general purpose and intent
of the Zoning Ordinance and the Comprehensive Plan.
CONCLUSION
The application for Conditional Use Permit for both additions
for the purpose designated is granted based on the findings set
forth above.
Adopted by the City Council this 24th day of March, 1992.
ATTESTi
Gary D. Plotz
City Administrator
•
Paul L. Ackland
Mayor
9 M,
FOR YOUR INFORMATION
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, March 17, 1992
1. CALL TO ORDER
The meeting was called to order by Chairman Clint Gruett at
7,30 p.m. with the following members present: E1Roy Dobratz, Dean
Wood, Roland Ebent, Craig Lenz, Bill Craig, Tom Lyke (7 :40 p.m.)
and Chairman Gruett. Also Present: Gary Plotz, City
Administrator, John Rodeberg, City Engineer and Jim Harka, Building
Official.
2. MINUTES
Hr. Craig made a motion to approve the minutes of the regular
meeting dated Tuesday, February 18, 1992. Seconded by Hr. Wood the
motion carried unanimously.
3. PUBLIC HEARINGS
• (a) CONSIDERATION OF CONTINUATION OF CONDITIONAL USE PERMIT
REQUESTED BY FRANCIS CONDON ON HWY 15 N FOR MINI- STORAGE
City Administrator Gary Plotz explained the staff
recommendation to withdraw the request if Hr. Condon does
not provide more information by the end of March for the
April meeting.
Mr. Craig moved to continue the hearing to the April
meeting, seconded by Hr. Lenz the motion carried
unanimously.
(b &c) CONSIDERATION OF VARIANCE AND CONDITIONAL USE PERMIT
REQUESTED BY DWIGHT BORDSON FOR ADDITION TO NON-
CONFORMING HOUSE
Chairman Gruett opened the hearing at 7:35 p.m. with the
reading of publication #4348 and #4349 as published in
the Hutchinson Leader on Tuesday, March 5, 1992. The
request is for the purpose of considering a request for
a variance and conditional use permit to allow for the
construction of an addition unto a non - conforming house
located at 56 Grove St.
• Hr. Dwight Bordson explained his request and stated his
hardship as the need for additional space in the kitchen
and back entry way.
There was discussion on the sketch of the home and the
two additions proposed.
HUTCHINSON PLANNING COMMISSION MINUTES
MARCH 17, 1992 •
City Engineer John Rodeberg, stated the neighboring home
is set back 20 to 30'. Discussion followed on the
established setback.
Hr. Lenz moved to close the hearing, seconded by Hr. Wood
the hearing closed at 7142 p.m. Hr. Craig made a motion
to approve the variance, seconded by Hr. Wood, and the
conditional use permit for both additions, seconded by
Mr. Dobratz, the motions carried unanimously.
(d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF
MUNSELL FOR CONSTRUCTION OF CAR WASH ON HWY 7 WEST
Chairman Gruett opened the hearing at 7,44 p.m. with the
reading of publication #4350 as published 'in the
Hutchinson Leader on Tuesday, March 5, 1992. The request
is for the purpose of considering a request to construct
a car wash located on Hwy 7 W and Florida.
City Administrator Plotz commented on the proposal and
the staff recommendation for a detailed site plan or
continue to the April meeting. He presented Hr. Richard
Danielson's, neighboring property owner, objections and
concerns with the request. •
Mr. Gary Wurdell, caretaker of a neighboring 4 -plex on
Florida St., stated he and the owner had no objection to
the car wash but have concerns with an entrance being
placed on Florida St. He suggested that the dance studio
access be the same as the car wash onto Hwy 7 West.
There was discussion on Florida Street being a narrow
street and possible assessment costs.
Hr. Lenz moved to defer the request to the April meeting,
seconded by Hr. Dobratz the motion carried unanimously.
(e)' CONSIDERATION OF APPROVAL OF ADDITION OF SHORELAND
ORDINANCE TO ZONING ORDINANCE
Chairman Craig opened the hearing at Si10 p.m. with the
reading of publication #4351 as published in the
Hutchinson Leader. on Tuesday, March 5, 1992. The request
is for the purpose of considering the adoption of the
Shoreland Ordinance as an addition to the Zoning
Ordinance.
City Administrator Plotz explained the purpose of the •
2
HUTCHINSON PLANNING COMMISSION MINUTES
• MARCH 17, 1992
public hearing at the Planning Commission meeting and
staff is following the model provided by the state.
City Engineer Rodeberg explained the package from the
state is mandated but the city staff deleted the portions
not relevant to the City of Hutchinson. He stated the
State deadline was February 1, 1992. The people most
affected are the residents of the city with septic tanks.
Those septic systems will have to be recertified.
Building Official Marka commented on Section 6.3
regarding nonconforming sewage treatment systems.
Mr. Wood moved to close the hearing, seconded by Mr. Lyke
the hearing closed at 8:33 p.m. Mr. Lenz made a motion
to approve the Shoreland Ordinance, seconded by Mr. Wood
the motion carried unanimously.
4. NEW BUSINESS
(a) DISCUSSION OF PROPOSED ZONING CHANGES TO BE PRESENTED BY
JOHN RODEBERG
• City Engineer John Rodeberg commented on several rezoning
areas within the city. He explained the Special
Protection District to protect environmentally sensitive
areas. The park areas are to be protected. It does not
change anything these are not buildable lots.
Mr. Rodeberg explained the area of the Festival Food
store should be rezoned C -3. He stated that I -2 or Heavy
Industrial should be were the grain elevators are and
along Hwy 22 for Municipal uses. The new County
Fairgrounds were annexed into the city as R -1 and should
by rezoned I -1 (Light Industrial).
(b) COMMUNICATION FROM STAFF
Building Official Jim Marka presented the proposed city
hall plan.
5. OLD BUSINESS
NONE
6. ADJOURNMENT
• There being no further business the meeting was adjourned at
9x15 p.m.
3
//-74-
REGULAR COUNCIL MEETING
MARCH
24, 1992
WATER & SEWER FUND
*Withhold Tax Acct
employer contribution
789.30
*PERA
employer contribution
462.86
Aagard West
March recycling
5,968.00
Boustead Electric
repair logic board
527.87
Central Garage
Feb repairs
3,245.64
Devries, Randy
conf expenses
28.99
DPC
chemicals
55.00
Elvin Safety Supply
raincoats, ear plugs
171.59
Evergreen Apts
refund of overcharge
155.37
Flexible Pipe
pipe supplies
922.66
Hach Co.
lab supplies
149.66
Hutch Utilities
electricity
327.52
Juul
repair sewer
11432.00
Labconco
assemblies
78.85
Lanz, Jerry
conf expenses
18.70
LMCIT
4th qtr workmen comp
2,120.42
MN Valley Testing
testing
143.00
PERA
employer contribution
461.35
Plowmans
service call
60.00
Smoger, David
school expense
9.99
US West
yellow pages
21.95
Withhold Tax Acct
employer contribution
800.72
•
TOTAL
$17,951.44
CENTRAL GARAGE FUND
*Withhold Tax Acct
employer contribution
96.46
*PERA
employer contribution
56.49
Boyer Truck
clutch & disc pad
357.42
Champion Auto
water pump
69.48
Crysteel
pump seals
7.35
Holt Motors
clutch assy
130.14
Jeff's Auto Repair
exhaust pipe
24.50
Northern States Supply
bolts
14.08
PERA
employer contribution
59.96
Schmeling Oil
oil
165.00
Sweeney Brothers
lever assembly
16.83
Town & Country Glass
windshield repair
158.84
Town & Country Glass
windshield repair
229.40
Two Way Communications
speaker plug
35.00
Whelen Engineering
flash tube
142.68
Withhold Tax Acct
employer contribution
102.39
•
Ziegler
truck repair
1,608.54
TOTAL
$3,274.56
//-74-
•
•
GENERAL FUND
*MN Municipal Board
annexation fee
575.00
*Withhold Tax Acct
employer contribution
4,632.26
*DNR
title fees
29.00
*DNR
registration fees
384.00
*DNR
permit fee
75.00
*MPCA
permit application
240.00
*MN Dept of Health
plan review fees
150.00
*McLeod Coop Power
electricity
1,367.25
*MN Dept of Revenue
arena sales tax
108.73
*PERA
employer contribution
4,690.93
*PERA -DCP
employer contribution
28.71
*AARP
35 students
280.00
*DNR
title fees
124.00
*DNR
registration fees
304.00
American Bristol
manual
40.25
American Risk
March services
800.00
Arnold & McDowell
March compensation
3,230.00
Automation Supply
disks
37.10
Bellkato
field books
101.72
Bennett Office
office supplies
69.41
Bernhagen, John
March compensation
2,019.00
Carr Flowers
flowers
6.00
Central Garage
Feb repairs
8,609.53
Clarey's Equip
SCBA parts
44.80
County Treasurer
DL fees
123.00
Fox Laminating
laminator
412.00
Gopher Sign
legs & cones
637.63
Govt Training Service
2 registrations
40.00
HCVN
cable fanchise
750.00
Hensen, Mark
dues & meeting expenses
25.76
Hutch Fire & Safety
inspections
32.50
Hutch Iron & Metal
steel
13.58
Hutch Machine & Tool
bushing
25.00
Hutch Public School
gym rent
185.25
Hutch Utilities
electricity & gas
12,116.38
IAAI
dues
40.00
Jensen, Alvin
labor on garage door
89.00
Jorgenson, Alice
tour refund
34.00
Lake Harriet Florist
plant - Tabberson
28.00
Lamb, Richard
ice show worker
125.00
LMCIT
4th qtr workmens comp
26,818.33
Mankato Mobile Radio
radios
3,737.60
Marco
tape
18.00
Marka, Jim
dues & meeting expenses
25.00
McGarvey Coffee
coffee
27.45
Mike's Mobil
gasoline
11.15
Moon, Dolf
meeting
11.95
Northern States Supply
tools & bits
205.48
Ordway Theatre
deposit
132.83
PC Express
software & module
1,069.00
PERA
employer contribution
4,738.06
Pikal Music
tapes
12.00
Pitney Bowes
mtce & meter rent
386.00
Plotz, Gary
meeting expenses
42.37
Prof Const Services
pipe
24.00
Quantum Labs
• R.C. Davis
Share Corp
Shopko
•
Small Bus Adv Inst
Sorensen Farm
Southam Bus Comm
Standard Printing
Streichers
Templeton
Ticket Craft
Two Way Communications
UBC
US West
US West
Victorian Inn
Viking Int Prod
Voss Lighting
Wagner, Cheryl
West Central Comm
West Publishing
Willmar Tech
Winn,L.& G.Anderson
Withhold Tax Acct
Wraspir, Otto
Xerox
Zajicek, Katherine
Zee Medical
gloves
patching
cleaners
photos
videos
knob
bid ads
office supplies
letters
March contribution
tickets
batteries
door panels, lumber
March service
directories
meeting
liners
lights
costume refund
battery
updates
training course
housing rehab
employer contribution
class refund
Feb usage
tour refund
first aid supplies
TOTAL
68.18
105.12
265.38
20.80
222.00
6.95
122.96
32.45
60.25
194.68
146.29
170.55
596.32
98.54
41.90
210.08
80.25
58.08
40.00
45.00
19.50
144.00
3,567.00
4,419.84
8.00
366.20
38.50
31.10
$91,062.93
BOND FUNDS
•
RURAL FIRE DEPT
Hutch Public Schools postage 3.19
YOUTH CENTER
*Withhold Tax Acct
*PERA
Viking Coca Cola
Frito Lay
Wakefield, Scott
Hausladen, Joe
PERA
Withhold Tax Acct
1990 TAX INC CONST
employer contribution 65.91
employer contribution 38.60
POP 36.25
supplies 38.51
April rent 750.00
DJ performance 175.00
employer contribution 38.60
employer contribution 65.91
TOTAL $1,208.78
Juul storm sewer 161.00
•
McGraw & Ward prof fees 935.47
LIQUOR FUND
City of
Hutch
lottery sales
803.00
City of
Hutch
payroll
3,758.83
Withhold Tax Acct
employer contribution
282.82
City of
Hutch
lottery sales
400.00
MN Dept
of Revenue
sales tax
8,757.06
PERA
employer contribution
154.33
TOTAL
$14,156.04
•
i DAVID B. ARNOLD
BABY D. M[DOWELL
STEVEN A. ANDERSON
O. BARRY ANDERSON'
STEVEN S. HOOE
LAURA E. FRETLAND
DAVID A. BRUEOOEMANN
PAIIL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLBY
RICHARD O. MCBEE
TIMOTHY W. FAFINSSI
MARY E. HOHHOCES
CATHRYN D.HEHER
March 23, 1992
ARNOLD & McDOWELL
ATTORNEYS AT LAw
101 PARE PLACE
HUTCHINSON, MINNESOTA 55350 -2563
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
(612) 587 -7575
FAX (612) 567-4096
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Emergency Evacuation Plan
Country Club Estates
Our File No. 3188 -90149
OF COUNSEL
WILLIAM W. CAMERON
RAYMOND C.LALLIER
PAUL X.BEOICH
CHARLES R.CARMICHAEL.'
'.5681 CEDAR I.A%E ROAD
MINNEAPOLIS,MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 800-343-4545
PAS (6l4) 545 -1793
501 SOUTH FOIIHTH STREET
PRINCETON, MDINESOTA 55371
(614) 369-2214
FAIL (612) 369-5506
FOR YOUR INFORMATION
/223 24�\
rt7A R 1992 `
W
• Dear Gary:
This letter is for the purpose of advising you that on Tuesday,
March 17, 1992, I had a telephone conversation with Charles
Schneider, the representative of the Minnesota Department of Health
charged with the responsibility of enforcing the rules and
regulations governing evacuation plans and storm shelters for
mobile home parks, and Mr. Schneider advised me that the Department
was going to move as quickly as possible to revoke Mr. Block's
license based on his failure to have a plan in place and based on
his failure to have plans for the construction of a shelter.
I did advise Mr. Schneider that Mr. Block had made a number of
comments to have plans for a shelter before the City Council, but
those commitments had not been met.
Mr. Schneider also advised me that an Administrative Law Judge had
issued an order requiring Mr. Schneider to take certain action, but
he had not done so and I assume that the Department will now move
to revoke the license.
I would expect Mr. Block to begin a lawsuit against the City on
both the evacuation plan issues, the storm shelter question and the
calculation of appropriate levels of payment to the City for water
and storm sewer usage.
• I would suggest this correspondence be provided to the Council as
a "for your information" item.
' CERTIiED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BA8 ASSOCIATION
"CERTIFIED AS A BEAT PEOPEHTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Gary D. Plotz
March 23, 1992
Page 2
Please do not hesitate to contact me should you have any questions.
Best regards.
Very tru:
ARNOLD &
G. Barry
GBA:lm
0
•
•
ABNOLD & MCDOWELL
ATToaN>=rs AT Lew
101 PARK PLACE
HDTCHIHSON, MINNESOTA 55350-2563
Ms. Marilyn Swanson
Administrative Secretary
37 Washington Avenue West
Hutchinson, Mn. 55350
(612) 587 -7575
FAX (619) 587 -4096
RESIDENT ATTORNEY
O. BARRY A 31 11
Re: Various Matters .
Our File No. 3188 -87001
Dear Marilyn:
07 COOEEEL
lrtL aH W. r.vEHnN
RAYMOND C.LALLIEH
PAUL M.BEOICH
CHAR " H.CAHMICRAEL-
S CEDAR LAEE HOAR
MINNEAPOLIS,MINNEsdTA 53418
(6m) M5-BOOo
MM TOLL IEEE 600- 349-4545
PAE(619)545 -1783
501 SOUTH 70UMTH 67IHEET
PRINCETON, MTNNESOL 53371
(619) 3BY -9114
PAE (61E)9E0 -5306
FOR YOUR INFORMATION
�2 4 -re
MAC 81� g�
BYE_
• Thank you for your recent memorandum inquiring about the status of
various matters. This is probably a good opportunity to update
both yourself, City staff and the City Council on these various
matters and I would have no objection to including this
correspondence in the next Council packet if you think it would be
helpful.
Incidentally, I do appreciate your memo reminding me of various
minor items. We have a fairly sophisticated filing system, but
even so, your periodic written reminder is helpful.
1. Cross Easement Agreement. Resolution No. 9628 dealt with the
Cross Easement issues. This matter is on hold while the City
decides whether or not to proceed ahead with a liquor store
in the grocery store complex. Mark Nelson of ShopKo Stores,
Inc. has indicated that the last proposal of the City was, in
general, acceptable.
2. Thomas Carrigan Matter. I have discussed this matter with
Mr. Rodeberg and Mr. Carrigan's attorney, Mark Carrigan, on
a couple of occasions. An agreement has been sent to Mr.
Carrigan, through his counsel, for execution. Enclosed is a
copy of my recent correspondence to Mr. Carrigan on this
issue. The Council may wish to provide further direction on
this matter.
•
'CBHTTFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA ETATE BAH ASSOCIATION
"CEHTIPIED AS A HEAL PAOPBRTY LAW SPECIALIST BY THE ITDTNESOTA STATE BAR AS'JOCIATION
DAVID B. MOLD
OARS D. MCDOWELL
STEVEN A. ANDERSON
O. BAHHT ANDEISON'
STEVEN B. MOON
LUHA E. PRETLAND
IIAVID A. BHUEOOEMANN
PAUL D. DOVE"
JOSEPH M. PAIEM ENT
JAMEB UTLET
HICHAHD O. MCOEE
TIMOTHY W. PAPINBEI
MARY E. HOHHOCES
CATHHYN D. REHER
March 12, 1992
ABNOLD & MCDOWELL
ATToaN>=rs AT Lew
101 PARK PLACE
HDTCHIHSON, MINNESOTA 55350-2563
Ms. Marilyn Swanson
Administrative Secretary
37 Washington Avenue West
Hutchinson, Mn. 55350
(612) 587 -7575
FAX (619) 587 -4096
RESIDENT ATTORNEY
O. BARRY A 31 11
Re: Various Matters .
Our File No. 3188 -87001
Dear Marilyn:
07 COOEEEL
lrtL aH W. r.vEHnN
RAYMOND C.LALLIEH
PAUL M.BEOICH
CHAR " H.CAHMICRAEL-
S CEDAR LAEE HOAR
MINNEAPOLIS,MINNEsdTA 53418
(6m) M5-BOOo
MM TOLL IEEE 600- 349-4545
PAE(619)545 -1783
501 SOUTH 70UMTH 67IHEET
PRINCETON, MTNNESOL 53371
(619) 3BY -9114
PAE (61E)9E0 -5306
FOR YOUR INFORMATION
�2 4 -re
MAC 81� g�
BYE_
• Thank you for your recent memorandum inquiring about the status of
various matters. This is probably a good opportunity to update
both yourself, City staff and the City Council on these various
matters and I would have no objection to including this
correspondence in the next Council packet if you think it would be
helpful.
Incidentally, I do appreciate your memo reminding me of various
minor items. We have a fairly sophisticated filing system, but
even so, your periodic written reminder is helpful.
1. Cross Easement Agreement. Resolution No. 9628 dealt with the
Cross Easement issues. This matter is on hold while the City
decides whether or not to proceed ahead with a liquor store
in the grocery store complex. Mark Nelson of ShopKo Stores,
Inc. has indicated that the last proposal of the City was, in
general, acceptable.
2. Thomas Carrigan Matter. I have discussed this matter with
Mr. Rodeberg and Mr. Carrigan's attorney, Mark Carrigan, on
a couple of occasions. An agreement has been sent to Mr.
Carrigan, through his counsel, for execution. Enclosed is a
copy of my recent correspondence to Mr. Carrigan on this
issue. The Council may wish to provide further direction on
this matter.
•
'CBHTTFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA ETATE BAH ASSOCIATION
"CEHTIPIED AS A HEAL PAOPBRTY LAW SPECIALIST BY THE ITDTNESOTA STATE BAR AS'JOCIATION
Ms. Marilyn Swanson
March 12, 1992
Page 2
3. Curtis Erickson Deed. On January 15, 1992 I previously sent
to Gary Plotz a letter and corrected deed. I am enclosing at
this time another copy of the deed which, if not signed before
should be signed by the Mayor and Gary and sent directly to
Hometown Realty.
4. Agreements for Purchase & Sale of Farmers Elevator Site. This
office does not have the originals. We will inquire of the
Mayor and Ron McGraw to see if they can be located.
5. Sign Placement Agreement with ISD #423. I am very pleased to
be able to "pass the buck" on this one to Council Member
Erickson. He volunteered to locate the legal description and
I fell all over myself accepting his offer. As soon as he
provides it to me, I will then be obligated to produce the
final draft of the agreement. I do not think this should
prove difficult.
6. Modern Mazda Contract. Thank you for your list of changes on •
the Car Impounding Contract with Modern Mazda. Please find
the revised Contract which should be approved by the City
Council at its next regularly scheduled City Council meeting.
7. Resolution No. 9662 - Cable Television. Please find proposed
Resolution No. 9662. I would suggest a copy of this
Resolution be provided to the Council as a "for your
information" item.
Once again, thank you for your reminder. Best regards.
Very truly yours,
FA rn
G: Balky Anderson
GBA:lm
Enclosures
•
I
DAVID E. wHxoLn
BART D. McDOWELL
STEVEN A. ANDERSON
O. BARRT ANDERSON'
STEVEN S. RUDE
LAURA K. FRETLAND
DAVID A. BRUEOOEMANN
PAUL D. DOVE"
JOSEPH M. PA] EM LNT
JAMES UTLET
RICHARD O. McOSE
TIMOTHY N. TAFINSKI
MART E. HORROCKS
CATHRYN D. REBER
March 3, 1992
Mark A. Carrigan
Attorney at Law
227 South Main Street
Hutchinson, Mn. 55350
ABNOLD & MCDOWELL
ATTORNEYS AT LAw
101 PARE PLACE
HUTCHINSON, MINNESOTA 55350 -2363
(612) 587 -7373
PAIL (612) 581 -4095
RESIDENT ATTORNEY
O.BARRY ANDERSON
Re: City of Hutchinson /Carrigan Agreement
Our File No. 3244 -91045
Dear Mark:
OF COUMSSL
7111LLAM W.CA}IERON
RAYMOND C. GALLIC■
PAUL M.BEOICH
CHARLES R.CARXICHAEL'•
6661 CEDAR LAKE ROAD
MINNEAPOLIS,M3MNESOTA 33416
(618) 545 -9000
MN TOLL FREE BO0-949 -4545
F"(612)545-17"
901 SOUTH FOURTH BTREET
FRINCETON, MINNESOTA 99911
(GUI 959 -2214
3PAE(612)959 -5906
0("- �6
MAR 1992
REC'r
8Y_
A
• The City is not interested, and in fact will not, negotiate with
Mr. Carrigan regarding the agreement. Frankly, the City would
prefer that the encroaching improvements be removed and will act
to have the encroaching improvements removed from city right -of-
way unless the agreement is executed.
I intend to request that the matter be placed on the City Council
agenda for the last meeting in March. If the agreement has not been
executed prior to that date, I anticipate the City Council will take
action to remove the encroachment upon municipal property.
\J
Please do not hesitate to contact me further regarding this matter.
Thank you.
Very truly yours,
ARVryv OW
G. erson
f BA:mb
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE EAR ASSOCIATION
RESOLUTION NO. 9662
THIS RESOLUTION is made and entered into this 13th day of
March, 1992, by the Hutchinson City Council.
RECITALS:
1. The City of Hutchinson has adopted various ordinances in
connection with the award of the franchise and enforcement of the
franchise for cable television including but not limited to
Ordinance No. 431, adopted February 29, 1972, Ordinance No. 574,
Ordinance No. 693, adopted effective July 24, 1984 and Ordinance
No. 736, adopted April 22, 1986.
2. The cable television franchise within the City of
Hutchinson is presently operated by Star Cablevision Group which
has requested that the franchise be transferred to D.D. Cable
Partners, L.P., 235 Montgomery Street, Suite 420, San Francisco,
California 94104, and would appear to be in the best interests of •
the City to explore the possibility of the right of first refusal
granted in the ordinances of the City of Hutchinson;
NOW THEREFORE BE IT RESOLVED that the City Council for the
City of Hutchinson that the issue of whether or not the City should
exercise its right of first refusal under the ordinances of the
City of Hutchinson is hereby referred to the Hutchinson Utilities
Commission which is directed to consider whether or not it would
be in the best interests of the City of Hutchinson to operate such
a system and to provide further guidance and direction to the
Hutchinson City Council on this issue.
CITY OF HUTCHINSON
By: 0Paul L. Ackland, Mayor
Attest:
•
DAVID
OAHY D. . MCDO McIALWE LL
STEVEN A. ANDERSON
O. BAHBY ANDERSON'
STEVEN S. 800E
LAURA E.FHETLAND
DAVID A. BRUEOOEMANN
PAUL. D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O. McGEE
TIMOTHY W. FAFINSKI
MARY E. HORROCHS
CATHBYN D. REHEH
March 18, 1992
ApzNOLD & McDOWELL
ATTORNEYS AT LAW
101 PARK PLACE
HDTCHINSON, MINNESOTA 55350 -2563
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
Re: HCVN, Inc.
Dear Gary:
(612)587 -7575
FAA (612) 587 -4096
RESIDENT ATTOHNEY
O. BARRY ANDERSON
OF COUNSzL
WII.ISAM W. CAMERON
RAYMOND C. LALLIER
PAUL M. BEOICH
CHARLES R.CARMICHAEL"
9881 CEDAR LASE ROAD
MINNEAPOLIS,MINNESOTA 55416
?g 2� (612) 945 -9000
�6 N TOLL FREE 800 -36.'1 -4545
4J 2j FAA(612)545 -1793
P SODONB MOINIINBHTSH O TSA i BEET
CETT 5537
1 REC"'VZD (612(
389-2214
BY._ FAX (612) 389-5506
�
0169
FOR YOUR INFORMATION
• This letter is sent to you and the Council as a "for your
information" item. I would ask that the enclosed Minutes and a
copy of this correspondence be included in the next Council packet
on that basis.
r1
L_J
Please be advised that I have contacted Moss & Barnett to advise
them of our decision to hire a technical firm to conduct an audit
of the system. I have also asked the firm conducting the technical
audit to plan on making a presentation to the City Council
regarding their findings.
Do not hesitate to contact me with questions. Best regards.
Very truly ours,
G.-BBYYy Anderson
GBA:lm
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION
MINUTES
The meeting of the Board of Directors of Hutchinson Community •
Video Network, Inc. and the Cable Television Advisory Committee was
called to order at 6:45 A.M.. Present at the meeting were Barry
Anderson, Joanne Stearns, Roger O'Malley, Don Hansen, Mark Guggemos
and HCVN Coordinator Sue Potter.
Business relating to the Cable TV Advisory Committee was
addressed first. Committee Chairman Barry Anderson explained the
situation relative to the technical audit and also discussed at
some length the budget problems presently experienced by the City.
It was pointed out that the HCVN fund balance presently is positive
because HCVN cut expenditures significantly when Star Cablevision
unilaterally ceased making the 35 cent per subscriber payment.
While those funds were restored, eventually, no additional
expenditures were made by HCVN.
The discussion centered around the need for the technical
audit.
There was discussion concerning the two principal bidders for
the technical audit work. Gossman was considered to be superior
on cable issues and seemed to have broader experience in this
field. Owl Engineering, on the other hand, was probably a better
choice from the standpoint of a professional presentation. The
educational qualifications for Owl appeared to be superior, •
although the practical experience of Gossman seemed to waive more
heavily in his favor.
On balance, the technical specifications sub - committee
recommended Gossman as the technical audit person.
There was also discussion about problem areas in the City that
should be brought to the attention of Gossman, if he is selected,
and the technical specifications sub - committee will bring those
areas to the attention of the auditing firm.
There being no other business for the Advisory Committee, that
meeting was adjourned.
The Hutchinson Community Video Network, Inc. meeting was then
called to order with the same individuals in attendance.
It was moved with appropriate second (Mark Guggemos and Roger
O'Malley) to loan $2,000 to the City to perform the technical audit
with the understanding that these funds would be repaid, without
interest, in the next budget year. Motion passed unanimously.
There being no other business, t . g was ly Aourned
at 7:30. df
0&14r1941A4_
G. Barry nder on, Acting Secretary •
DAVID B. ARNOLD
•
GARY D. MCDOWEL
STEVEN A. ANDERSON
O. HARRT ANDERSON'
STEVEN S. HOOF
IAURA X.FRETLAND
DAVID A. BHUEOOEMANN
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O.MCOEE
TIMOTHY W. PAFINSEI
MARY E. HORROCES
CATHRYN D. REHEH
March 20, 1992
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
LOS PAR% PLACE
HuTCHINSON, MINNESOTA 55350 -2563
Ms. Marilyn Swanson
Administrative Secretary
37 Washington Avenue West
Hutchinson, Mn. 55350
(612) 567 -7575
FAX (612) 587 -4096
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Cable Television Issues
Our File No. 3244 -91044
Dear Marilyn:
OF CGUXSE
WILLIAM W.CAMERON
RAYMOND C. I.AI.LTER
PAUL N.BEOICH
CHARLES R.CARMICHAEL"
3681 CEDAR I.AEE ROAD
MINNEAPOLIS, MINNESOTA 33416
(611) 345-9000
MN TOTS TREE 800 -3 -4545
FAX(6t2)S45-1793
501 SOUTH FOURTH STREL'T
PRINCETON, MINNESOTA 55371
(612) 369 -1214
TAX (612) 369-5506
Ol r0oa,- N92
:ziU;jvEn
er__�_
FOR YOUR INFORMATION
I am enclosing a copy of an article entitled "Cable Industry
• Circling the Wagons, Seeking Compromise to Regulation." In view
of the present discussions between the City and various cable
operators, I thought the Council would be interested in this item
as a "for your information" item.
I have discussed this matter with several staff members as well as
a couple of members of Congress, and I would concur with the
conclusion of the article that re- regulation is likely. It's
precise form and content is unknown, and one of the exceptions
being talked about would not allow regulation in smaller
communities. Obviously, that is not favorable to smaller
communities and I have indicated my position on this issue to those
involved.
In any event, I thought the article was interesting and I pass it
along to you and the Council for review.
Best regards.
Very truly�j
ARNOLD /LfbD04
G. Anderson
• ncl Im
E os
Enclosure
'CERTIFIED AS A CIVIL THIAI SPECIAIS SI BY THE MINNESOTA SLATE BAR ASSOCIATION
"CERTIFIED AS A BF.AL PROPERTY LAW SPECLALTST BY THE MTNNFSOTA STATE BAR ASSOCIATION
4F Sunday /March 15/1%2/SterTribune
Cable industry circling the, wagons,
`F
K
seeking compromise to regulation al
c Nex
d r utated Industry like mine " pay' n the retransmission fee
By Bill Carter
New York Times
the cable TV Industry Is looking for
cover.
i
Specifically, it Is looking for a legis-
lative compromise that might make
more tolerable the stronger federal
regulation that most cable execu-
tives say is Inevitable.
Failing that, the cable Industry
hopes it can get off the hook for at
least it year by persuading
Congress to forgo any action this
'session.
The industry has staunchly op-
posed new rules since it won al=
most total freedom from regulation
in a cable bill passed in 1984.
But times have changed, and so
has public opinion about cable TV.
The cable industry has outraged
many customers with price in-
creases of 50 percent or more in
the past five years for service that
has ranged from Indifferent to ex-
asperatfng. Tales of cable custom-
eraitis sitting an phones for hours, or
wng all day for an installer or
repairman, are fodder for jokes by
.ate -night comics-.
;Many In the industry admit there
have been problems. "There have
;been entirely too many local oontro-
'versies Involving cable rates and
kcustomer service than Is healthy for
a e eg
said James P. Mooney, the ppresi-
dent of the National Cable Televl-
slon Association, the Industry's lob-
bying group.
The U.S. Senate clearly agrees. On
Jan. 31, a tough cable re- regulation
bill supported by majorities in both
parties, passed by a vote of 73 to
18. President Bush, adhering to his
kleological opposition to regulation,
said he would veto the legislation.
But the wide margin of the vote
made it look to be veto-proof.
Cable executives had sought to
portray the Senate bill as a sop to
the broadcasting industry, which
successfully lobbied to have the bill
include a provision forcing cable
operators to pay for the right to
carry network signals.
The Inclusion of this provision,
'.which Is known as retransmission
consent, was a stunning turn-
around in an industry where, less
than a year earlier, many top exec-
utives had dismissed the Issue as a
joke.
"I guess you could come up with a
rationale that says you ought to at
least give them some compensa-
tion," Mooney said. He added, "If
our backs are to the wall and they
insist on being paid for retransmis-
slon. we'll roll over for it"
Cable companies have argued that
FILM RATING GUIDE
G "General Audiences." Film does not contain subject
matter most parents are likely to consider
objectionable, even for younger children.
PG "Parental Guidance Suggested :' Rating cautions
parents that subject matter may be considered
unsuitable for children and urges inquiry prior to
attendance.
PG13 "Parents Strongly Cautioned." Rating strongly urges
parental guidance of children under the age of 13.
Subject matter may be inappropriate for young
children.
R . "Restricted." Adult subject matter. Children under 17
must be accompanied by a parent or an adult guardian.
NC17 "No Children Under 17 Admitted."
In the event no rating Is listed, call theatre for further Information.
Film may not have been rated by the Motion Picture Association
of America..:
�Ir:UAr
would almost certainly force them If yo
to raise their rates. But the broad- tar A
casters argued that cable profits : a= wielk
are sufficient to cover that extra - ' after
cost chael
John Hendricks, the founder and
chairman of the Discovery Channel,
said that Discovery was able to
surmount its Initial financial prob-
lems because cable was de -regu-
lated in 1984. With re- regulation, he
saki, his new channel, the Learning
Channel, will face an uncertain
future.
Still, Hendricks said that cable had
been hurt by "some systems that
started to price-gouge:: ' He said
the gougers were relatively few in
number, "maybe two to three hun-
dred bad actors among 11,000 sys-
tems." But that was enough, he
said, to make it "very likely we're
going to have a piece of re- regula-
tlon legislation this year."
bottom
image) a
comma!
the sho,
Includec
commen
The origi
after it re
from test
grouped
Lyyr
the audiE
most sat
movie,"
effort.
The tapf
suggest
.? "One
iy the v -
i
r
:- check
The cable industry's other argu-
an LynE
ment Is that new channels will not
be able to get off the ground and
As part
survive In an era of strict rate regu-
Directo.
lation and burdensome retransrnis-
releasin
sion fees
mat (writ
John Hendricks, the founder and
chairman of the Discovery Channel,
said that Discovery was able to
surmount its Initial financial prob-
lems because cable was de -regu-
lated in 1984. With re- regulation, he
saki, his new channel, the Learning
Channel, will face an uncertain
future.
Still, Hendricks said that cable had
been hurt by "some systems that
started to price-gouge:: ' He said
the gougers were relatively few in
number, "maybe two to three hun-
dred bad actors among 11,000 sys-
tems." But that was enough, he
said, to make it "very likely we're
going to have a piece of re- regula-
tlon legislation this year."
bottom
image) a
comma!
the sho,
Includec
commen
The origi
after it re
from test
grouped
Lyyr
the audiE
most sat
movie,"
effort.
The tapf
suggest
.? "One
iy the v -
i
r
•
DAVID
DAas n. . McDo x�nowE LL
STEVEN &.ANDERSON
O.BARRY ANDERSON'
STEVEN S. HOOE
LAURA E. FRETLAND
DAVID A. BRIIEOOEMANN
PAUL D. DOVE ••
JOSEPH x. PAIEMENT
JAMES UTLEY
RICHARD O. MLOEE
TIMOTHY W. PAPINSEI
MARY E. HORROCXS
CATHRYN D. REBER
March 12, 1992
AANOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARK PLACE
HuTCHINSON, MINNESOTA 55350 -2563
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
(612) 587 -7575
FAA (612) 587 -4096
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Minnesota Open Meeting Law
Our File No. 3188 -87001
Or COv SZL
WILLL&M W. CAMERON
RAYMOND C. LALLSER
PAUL M. BEOICH
CHARLES R.CARMICHAEL"
50M CEDAR LANE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 600 - 343 -4515
PAS (612) 545-1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(6M) 389-2214
FAX (612) 389 -5506
FOR YOUR INFORMATION
,722 ?'c �5?s
2j-
6 BY
GIG
Dear Gary:
• I am enclosing for your review and consideration, and inclusion in
the next Council packet, a copy of the decision of St. Peter Herald
vs. City of St. Peter, which appeared in Finance & Commerce on
March 6, 1992.
•
This case was significant for a couple of reasons, but most
particularly because it holds that a notice of claim may be
protected data and disclosure may not be required.
There do not appear to be any municipal issues to which this case
is directly applicable, at least at the present time, but since the
decision is, in general, favorable to municipalities, I thought
both you and the Council would appreciate a review of it.
Please do not hesitate to contact me should you have any questions.
Best regards.
Very truly
ARNOLD
GBA:lm
Enclosure
'CERTIFIED AS A CIVIL TRLAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
N.W.2d at 676.
In 1986, the legislature amended the juvenile act regarding who
has the right to participate in termination eedings. In its initial
form, Minn. Star. § 260.155, subd, In prc ded:
AchfdwhoisthesubjectofapetittPn and the parents,
guardian, or custodian of the child, and any
grandparent of the child with whom the child has
,es within the past two yea* have the right to
icipate in all proceedings on tt petition.
Minn. t. § 260.155, subd. In (1986) (emphasis added). in 1987
the leg ure amended subdivision is to provide:
AdWdwho is the subject of a pelltion, and the parents,
gurtfAnn, or lawful custodian of the child have the
right 6_participate in all proceWings on a petition.
Minn Star. § 210.155, subd. In (Supp.- 1987) (emphasis added). The
statute has remdned unchanged sino# that time. ,:
Our decision "§pcuses on whether appellants are 'custodians'
within the conteA,of Minn.'Stat. § 260.155, subd. is. The word
'custodian' meatior'pny person who is under a legal obligation to
provide care and suWrt for a minor or who Is In fact providing
cars and support fofs minor.', Minn. Star. 1260.015, subd. 14
(1`�. (emphasis added). ,,: " -1, ..,; -.. , . .. - :::.
The cardinal princp]W all statutory construction is to ascertain
and effectuate the legislai ore's intent. Mina. Star. § 645.16 (1990).
The letter• of the law shallot be disregarded under the pmteu of
pursuring the spirit. Id..7i0 wirts must presume the legislature
used tbewords of a statute tfullyanddid not intend anabsurd
result. Salmen r Clty of St *L281 N W.2d 355, 3610.8 (Minn.
1979) : • y r i
Based upon the plain lan f these statutes, apppellants as'the
foster parents have a right to partkipate in these proceedings. ' The
definition of custodian includes both those who have legal and
physical custody of a child. Isere, i0pellants have physical custody
and do, in fact, provide care and support for the cbild. Appellants
agreed with the county to provide care foi the child, and therefore
they certainly should have a right to �itrticipate in "all proceedings
on a petition' pursuant to Minn. Stat. § 760.155, subd. 1(a).
.Respondent father argm the foster parrots do not have legal
arstody of the child, are merely agents fathere county, and therefore
cannot intervene as of right based upon li6inn. Stat. §
260.]55, subd. 1(a): " The intervention stoute, how-
ever, does not require *'party have legal" custody,
instead the party must only be a lawful custodian. Here
the foster parents fall under the definition of oustodian
and therefore they have the right to participate in the
.termination proceedings ;We do not believe the legis I,
lanne could have meantogiully intended the definition ,
'of custody to extend go daycare providers or baby, ' ,.
,sitters as the dissent sth�g�sts: '. 1�? ti
Children am . not r3 te1 by accident of birth. 1'130
best interests of e c131 chW should be the fort can z
sideration, which oegtyssarily, includes a health yy en.
vironment and the rich of biological patents. Hart,• .
tbefostapamrats whishxyi, dfor thechild for over
rs,
two Yea are troublHd by the child's Florida place- _ x,t, r 2
went. Minn. Star. ¢260.155, subd. la clearly allows
them an oppottunit� to inform the coal court of their
concerns az purees to the praccedmg le[
Because no final Ldisposition has been made in this
case, and the child Is only temporarily visiting his arm
and uncle in Flaalda, we remand this case for an
immediate deteraftation of final placement and bold
the foster parents have a right to participate in that
determination.
„a- - D&CIS10N
Foster parents are custodians of a minor child. ;
Therefore, appellants have a right to participate in any a
proceedings on a parental rights termination petition
pursuant to Minn. Star. § 260.155, subd. la.
Reversed and remanded.
e.
KALITOWSKI, Judge, dissenting
[fully dissent. The trial court correctly determined that
ants am out 'lawful custodians' undo Minn. Stet §
260.1 ubd.Ia( 1990) Kid there forecannot participate Inparental
terminan togs as ■ matter d right While faster party
may can ' alawfulautodianto providecareforachild
are no more ass ai defined in Minn. Star § 260.015,
14 (1990) than day tern, baby sitters a others who provide
child care for hit` }f it is Child's best interest to give greats
rights ro faster is it is up to slature to explicitly do so,
[trice ublic of the ante is for the to determine not
the court. v. Flynn, 216 Mint. 35 , 13 N.W.2d 11,
k-.&; 41A t
Nicollet CouotY Mtda11Y. Judge
Retvedjudge of the dbirici eomt, acting as judge of the Court of
Appeals by appointment pursuant to Minn. Cons[ an Vl, § 2. .
District Court NC7- 91-438 Dissenting, Schumacher, Judge
St. Peter Herald, et a1, . i Mart R. Anfinsao -. s
Lake Calhoun Professional 3 -
Appeliants, } G d .it. Building
u „•` _ , • is; 3109 Hennepin Avenue South
Minneapolis, MN 55408
vs
(Sty of St. Peter, r Grant K- Wacker
Braodt k Wacker
Respondent 219 W. Nassau a : of
P.O. Bax 57 s,
it- Pew. MN_51M
rso� W''
-
EXPEDiTED AND SAME -DAY DELIVERY, v
STANDARD FIVE-DAY DELIVERY
i 'TELEPHONE DEPOSITIONS
r t,ASCIIANa
491 115
B.
•
FDVANCE AND CommutCEAPPE [.rATECouRTSEDMON MARcu 6,1992
- t
Filed March 3, 1992 .'
_ Office of Appellate Courts .
SYLLABUS
A notice of claim presented to a municipality pursuant to Mitts
Stat. § 466.05 (1990) qualifies as protected nonpublic data under the
plain language of Minn. Star. § 1339, subd. 2 (1990). An in camera
review of the document by the trial judge provides a critical check
on the discretion of the municipality's attorney to declare that a
given notice of claim Is "retained in anticipation of a pending civil
legal action." The attorney representing the party seeking disclosure
of the notice of claim is not entitled to participate in this in camera
review.
Affirmed.
Considered and decided by Schumacher, Presiding Judge,
Kalitowski, Judge, and Mulally, Judge.
OPINION
MUI.ALLY, JUDGE (Hon- Richard Kelly, District Court Trial
Judge)
The trial court declared that the notice of claim received by the
City of St Peter qualified as protected nonpublicor confidential data
under Mim. Star § 1339, subd. I The trial court also denied
counsel's request to participate In an in camera review of Pic .
document. We agree and affirm.
FACTS.'
On June 24,1991, the St Peter City Council held a dosed meeting
as permitted by the attorney-client privilege exception to the Min-
nesota Open Meeting Law. See Minn. Stat. §'471.705, subd. 3
(1990). Appellants, the St. Peter Herald and the Fm Press of
Mankato, requested information as to the purpose and subject of the
meeting. The city attorney informed appellants that the city had
recently received a notice of claim, pursuant to Man. Stat. § 466.05,
in the form ci i a letter from a private attorney.
The city attorney refused to provide copies of the letter to appel-
lants and refused to provide specific Information about the claim,
contending it was classified as private data under the Minnesota
Government Data Practices Act; Minn. Stott. §§ 13.01 through 13.90
( 1990). Appellants sought disclosure of the document. r - V - >' .
On August 6, 1991, the trial judge heard oral arguments, and .
decided to review the notice of claim in camera, as permitted by
Mint. Stat. § 13.08, subd. 4. Appellants' counsel requested that they .
be present during this review. The trial court denied their request.
On August 9, 1991," the trial court issued an order denying
appellants' request for disclosure on the grounds that the document
was either protected nonpublic dataor confidential data under Minn.
Stat. § 13.39.
1. Did the trial court err In concluding that the notice of claim is
protected nonpublic or confi
dential data under Minn. Stat. § 13397
2. Did the trial court err In excl uding appellants' counsel from an
in camera review of the notice of claim?
ANALYSIS
The trial court ruled that the City of St. Peter need not release the
Notice of Claim to the press because the document qualified as
protected nonpublic or confidential data trader the Government Data
Practices Act. The applicable portion of the Act reads:
1339 INVESTIGATIVE DATA
Subdivision 1. Definitions. A "pending civil legal Action " in-
cludes but is not limited to judicial, administrative or arbitration
proceedings. Whether a civil legal action is pending shall be deter-
mined by the chief attorney acting for the state agency, political
subdivision or statewide system. -
• Subd.2. Civil Actlona. Data collected by state agencies, political
subdivisions or statewide systems as part of an active investigation
undertaken for the purpose of the commencement or defense of a
pending civil legal action, or which are retained In anticipation
of a pend ling civil legal action, are classified as protected nonpublic
data • • • [or] confidential.
B12
Minn. Stat. § 13.39, subds. 1, 2 (1990) (emphasis added). The trial
court, after conducting an in camera review of the notice of claim,
concluded that the city attorney had not abused his discretion in
deciding that within the meaning of the s19tute a civil legal action
was pending and therefore the document need not be released to the
newspapers.
Black's Law Dictionary defines 'pending" as:
Begun, but not yet completed; during; before the
conclusion of; prior to the Completion of; unsettled;
undetermined; in process of settlement or adjustment.
Thus, an action or suit is "pending" from Its inception
until the rendition of final judgment., See also Pen -
dente lite.
1021 (5th ed. 1979) (emphasis added). Pendente lite is defined as:
Pending the suit; during the actual progress of a suit; ,
during litigation. I -
Id. at 1020 (emphasis added), Websier'i Dictionary defines "pend-
ing" more broadly: .
1. remaining undecided; not "determined; not estab-
-. lished.
2. Impending
1325(2d ed. 1983) (emphasis added). Webster's defines impending
as:
1. hanging over.
2. about to happen; imminent or threatening.
Id- at 912 (em .phasic added)., The trial court adopted this broader
definition of pending,• including not only litigation already in
progress, but also threatened litigation. We believe this broader
construction best represents the legislature's intent.
The statute protean data retained In anticipation of a pending
civil legal action. While it may be impossible to anticipate some -
thing which is already in progress, it is not Impossible to anticipate
something which has been threatened. Because one canna an-
ticipate a civil legal action once it has already commenced, the
legislature must have intended the broader eonstnrctlon of "Pend -
-ing" (including threatened civil legal action) to apply. The notice
iof claim is an essential element of the maintenance of a civil legal
action against the municipality. While it may be conceded that the
wording of the statute is awkward, the legislative intent seems clear.
Since the statute cannot be given more than one reasonable Inter-
pnxation, it is not ambiguous. The notice of claim letter is protected
data if it either commences or threatens a civil legal action.
As to the status of the notice of claim, the trial court stated:
It is the first step in litigation against a municipality
and putts the city on notice that if the claim is not "
resolved litigation will be commenced. 1 I '.
(Emphasis added.) The trial cart also alluded to the purpose for
the notice ofdaim requirement as stated in Hlrth v. V illage of Loag
Prairie, 274 Minn. 76, 79,143 N. W.2d 205, 207 (Minn 1966):
The principal purpose -• • • Is to protect against dis- .
aiPa ton of public funds by requiring [notice] ! • • so "
that [the municipality may ]••• investigate [the claim,
and] settle those of merit without litigation. , "
(Emphasis added). It appears the notice of claim is not generally
considered as beginning the litigation process or as a step in the
process. Additionally, this court has beld that the notice of claim provision
does not toll the statute of limitations. Umnv. State, 451N.W.2d
213, 215 (Mim. App. 1990). In that case, the court cited Naylor Y.
Minnesota Dally, 342 N. W.2d 632,634 (Minn• 1984), which stated
that the purpose of the notice requirement is n allow thegovemment
to settle claims without litigation. Larson, 451 N. W.2d at 215. The
court went on to state: .. -
Although the statute requires a claimant to give proper
notice, it does not require that there be a delay between
presentation of the claim and commencement of the
Suit
Id. (emphasis added} One can only infer from this language that
the notice of claim does not initiate litigation.
However, it does not necessarily follow that the trial court's
conclusion that the notice of claim is protected nonpublic data Is
1.
incorrect_ If the notice of claim threatens a civil legal action, and
the document is then retained in anticipation thereof, the document
falls within the language of Minn. Stat. § 13.39, subd. 2
-The notice of claim. requirement is set down in Minn. Stat. §
466.05, subd. 1 (1990). The statute requires that a person making a
ton claim against a municipality present to the municipality within
180 days of the alleged injury notice
•f _stating the time, place and circumstance thereof,
• and the amount of compensation or other relief '
demanded. Actual notice of sufficient facts to
,reasonably put the governing body of the municipality _
or its insurer on notice of a, possible claim shall be
construed to comply with the notice requirements of '
this section. -
Id. The parties agree that the jetter,to the City of St. pet a, which
specifically mentioned Minn. Stat. § 466.05, qualifies as the "notice
of claim' required by the statute.
man. Stat. § 1339, subd. 1 states ihaithe atromey B&dag for the
municipality determines whether a civil legal action is pending.
Wbether, as a matter of pblic" such broad discretion is warranted
Is not for this court to decide. It is a legislative matter., In any event,
in this case, the city attorney was not given carte blanche to
determine that the notice of claim letter was protected under the
statute.. - ..
After conducting an (A camera re'vi�v of the notice of claim, the
trial court agreed with the:city attormey.that the document was
protected by Minn. Star. § 13.39 because it was "retained in anticipa-
tion of a pending civil legal action.' Here, this procedure provided
a critical check of the city attorney's power under the statute. The
In camera review provided both a safeguard against any abuse and
also a judicial construction of the phrase "retained in anticipation of
a pending civil legal action." The trial court found that the notice
of claim letter was included within the meaning of this provision.
Minn. Stat. § 466.05 requires that the notice of claim state the time,
place and circumstances of the alleged Injury or loss and the amount
of damages claimed. It appears that the notice of claim could very
reasonably be described as data "retained in anticipation of a pend-
ing civil legal action., TherefoM the trial court was correct is
deciding that the document was protected nonpublic data within the
meaning of Minn. Stat. § 1339.
2 Appellants allege that the in camera review of the
document essentially determined the case on the
merits, and counsel should have been allowed to par-
ticipate in the review and present arguments as to
whedW or not the document fell within Mien. Star. §
1339. Appellants attempt to distinguish State r.
Paradee, 403 N. W.2d 640 (Minn. 1987), which stated
that the trial court need not allow counsel to participate
in an in camera review of privileged evidentiary
material. Id -at 642 Appellants argue that the present
case is distinguishable because the document itself is
the basis of the dispute, not merely potential evidence .
in the dispute. Appel [ants have cited no case recogniz-
ing this distinction as crucial, bowever:
The purpose of an in camera review is to allow the
trial judge to view an item Independently. This pur-
pose would be frustrated lfopposingeotmsel were also Paofrss
allowed m review the document. Such a procedure . time, with
would no longer be an in camera review. Therefore, COMPRESS
the trial court did noterr in denying appellants'counsel aaves the e
participation in the in camera review. Haeurr -2
The notice of claim letter falls within the language staff to sery
stating that data "retained in anticipation of a pending the also oM
civil legal action" are classified as nonpublic data. The, • sophis4ca
legislature, in attempting to balance the public's tight • Fuler-th
to information with the municipalities' right to settle Grealer u
disputes efficiently without extensive litigation, in- '
tended that a notice of claim would be protected. Conferee
Whether such protection will in feet signi5cantly '
Increase the municipalities' ability to settle the dispute. '
whhou litigation is not for this court ro decide- 'lbe
public will have access to any settlementof the dispute,
f
and to documents relating to formal litigation proceedings. Thus,
the public's interest in receiving information about its government
is not denied, but instead only delayed.
The Government Data Practices Act was apparently enacted to
strike a balance between the sometimes competing interests of t
public in scrutinizing its government and of the government t
effectively and efficiently settling its disputes. The notice of claim
letter falls within the plain language of Minn Star. § 1339, subd. 2
Whether the statute is overbroad and should be: more narrowly
tailored is a policy decision within the legislative function. As the
statute currently reads, the trial court was correct in deciding the
notice of claim letter is protected.data, particularly in light of the
fact that the trial court conducted an in camera review of the
document m determine independently ,whether it fell within the
language of the statute.'
For cases specifically advocating the use of in camera reviews when
determining whether information in municipalities' police Internal af-
fairs files was discoverable to the opposing ply. �- Ericlwa r. -
MacArthur, 414 N. W.2d 406,409 (Minn. App. 1987) (civil case); Stale
v. hooch, 392 N.W.2d 700, 705-6 (Minn. App, 1486); State v. Hop- -
p�, 367 N.W2d 546,549 (Minn. App. 1985) (criminal eases}
DECISION
The trial courtdid not err in deciding that the notice of claim letter
was protected nonpublic data under Minn Star. §.1339, subd. 2
The in camera review provided ajudicial analysis of the'reasonable
ness of the city attorneys claim that the notice of claim letter was
retained in anticipation. of a threatened civil legal action:
Appellants' counsel did not have the right to participate in the in
camera review of the docunreai: `
- Affirmed. 1
SCHUMACHER, Judge (cGzniing)
I respectfully dissent because 1 do not believe the legislature ever
Intended that a notice of claim would be protected nonpublic or
confidential data under Minn. Star. § 1339 (1990). I also believ,
that the 'plain" language of, the statute does not force this court *
frustrate the legislature's intent. Therefore, the newspapers should
be allowed access to the notice of claim let ter. '
La
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FINANCEANDCOMMERCE APPELLATE COURTS EDITIOri MARCH 6 1992
The critical clause of Minn. Stan- § 1339 as far as this dispute is be considered an effective judicial check on the clearly overbroad
concerned is the 'retained in anticipation of a pending civil legal discretion granted to the city attorney to determine whether a civil
action" language in subdivision 2 I believe it cannot be argued that legal action is pending. In order forsuch a review to be meaningful,
counsel phrase is anything but ambiguous. The majority concedes that the court would have to allow ctnsel for the parties to participate
` the term 'pending' is subject to two definitions. This seems to me and present arguments outlining how the language used in the
to unquestionably constitutes patent ambiguity. The majority main- specific document either does or does not *threaten litigarion•'This
taro that because adopting one o f the definitions would render the is not asituation wherein the trial court is merely analyzing proffered
statute nonsensical, the court must adopt the alternative definition evidence to determine its admissibility in a trial. Rather, the doeu-
of pending.' The resulting oonstruction, however, remains some- ment being analyzed is the actual subject of the dispute.
what nonsensical. The public has a right to know when a citizen has alleged its
The court is left with a statute which protects not only data government has committed a legal wrong. The newspapers should
retained once a lawsuit has been threatened but also protects the be allowed to see the notice of claim letter as Minn. Stat. 113.39
thmt itself. The majority states that the notice of claim "threatens' was not meant to protect such a document.
litigation. Tbe majority also contends that the notice of claim is data
retained anticipating litigation which has already been threatened. - :!, ,_ • , .-
I believe the statute intended to protect material gathered after the COURT OF 'APP E A L S
threat has been received, not material gathered up to and including
the threat ItselL CIVILOPINIONS
The statute was designed to protect the municipality from being UNPUBLISHED
forced to 'tip its hand " -in structuring its potential lawsuit. The This opinion will be on
municipality would be placed at a great strategical disadvantage if P unpublished
thecomplaining partycould discover its tactics and evidence merely ' may not be cited except as provid y picking u a news .- Minn. Stat. § 480A.08, subd.3
by P B P paper or taming on the television. However, y )
when the complaining party already knows the contents of the datat r
at issue, m is the case here, the municipality is placed at no strategic •^.� ilk�j"E
_ disadvantage whatsoever by revealing the contents of the data.
The city argues that lawsuits involving governmental entities can
be solved more efficiently and economically outside the scrutiny of
the general public Such candid rationalization is frightening. The
city is basically contending that governmental cover -Incas save the
Itasca Co
tigly Pazker
city time and money. This is undoubtedly true. Governmental C,e��tt � ,
cover -ups also save the qty's officials from embarrassment and District File F3901437
accountability. It seems fundamental that a representative -
democrary cannot function without an informed continency. y�
Convincing the constituency of this truism is no easy task. When In Re th ; Be of t
•the public actively seeks information about its government's Lynda Marie cape, Shia M. Bradt
functioning, then, every effort should be made to accommodate this Petition" t & Ewen, PA
interem Arguing that the public will eventually discover a settle- n East Itasca Stmt
went or active litigation does not adequately address the issue. A Appellant, �` 1,;, and Rapids, MN 55744
claimant can wait several years before formally bringing suit and VS' $ r '
settlements on notices of claim could occur years after the alleged,_ be
Rort Glen Trapp4 ;� Thomas S. Benton .-
wrongdoing. little or no accountability is left for the responsible ,4 515 Second Avenue Northeast
government officials or departments at this later time. _ Respondent ; Grand Rapids, MN 55744
The City also urges that the public has a tendency to Inject FiledMerch3 1992
extraneous issues into a lawsuit, clouding the actual dispute, If the Office of Appellate 199 Courts Y
municipality believes a particular lawsuit is being muddied by
Affirmed as mod'
irrelevant or tangential issues, the municipality certainly has the '
opportunity to inform the public of this belief. It seems equally Considered and degded by Parker Presiding Judge, Cnppen,
likely, however, that the public will more readily recognize the "big Judge, and Harteu, J911ge.
picture' projected by the lawsuit, seeing the forest for the trees, and UNPUBLISHED O PINION
the Issues claimed to be extraneous 'and irrelevant by the PARKER, JUDGE'(Hon W$liam Spooner, District Court Trial
municipality will actually be the more Important policy conidera- Judge) ^+ - •-
tions the city would like to avoid. hisonly byexposingand Robert and L)ida Trappe �wae mared in August 1979. The
addressing the inadequacies and inequities within a governmental district court hwrd the dissolution in May 1991, and the judgment
entity that a governmental entity will truly be 'of the people, by the and decree weft filed on June 27,1991. After both parties moved
people, and for the people.' The City of St. Peter would rather _ for amended Wilings and Lynda proved for a new trial, the district
sweep the dispute at hand under the rug and hope that any larger court filed Amended decree and denied the motion for new trial.
issues this dispute might involve will just go away. I find this On appe4tynda argues that the dirt court erred in failing (1)
extremely unlikely, to make an$mnediate award of maintenance; (2) to order Robert to
The majority seems to agree that the policy rationalization provide bar with health insurance; (3) to order Robert to provide
behind shielding the notice of claim from publiescrutiny are at least uncondilidnal health and dental insurance for the children; (4) to
tenuous. Yet the majority also states that such policy determination award a distribution of Robert's savingsarrdsecurityaorotmt;(S)
are for the legislature It appears, however, that the majority has to award her one -half of assets that she alleges Robert wrongfully
nonetheless taken it upon themselves to edit the confusing phrase dissipated; and (6) to award her all of the attorney fees and costs that
'retained In anticipation of a pending civil legal action" to make the she has incurred in this litigation
phrase
intelligible. The majority has basically ignored the word Robert counters on appeal, arguing that the district court erred in
• nding' and allowed the statute to protect all data "retained in (1) awarding permanent maintenance to Lynda to begin when
anticipation of a civil legal action' Rewriting poorly Crafted Robert's child support obligation ceamoris reduced; (2)awarding
statutory language seems to be as much a function of the legislature Lynda a disproportionate share of the marital assets; (3) failing to
as analyzing the likely policy ramification of a statute. award him a claimed nonmarital portion of his retirement account;
Additionally, the in camera review by the trial court should not and (4) awarding Lynda $2,000 in attorney fees ato costs.
B14
0
MEMORANDUM
DATE: MARCH 19,1992
TO, Mayan and Coma FOR YOUR INFORMATION
FROM: George F. Field, Fro Mesl
SUBJECT: ADOPTION OF THE 1986 FIRE CODE -FOR YOUR INFORMATION
The item of the adoption of the 1988 Code has been on the agenda several times and it would
probably would be more appropriate now to waft until the 1991 Fro Code is adopted by the
State which should be some time in 1992.
:7' . ...
. v ..... .. ...:
ff you have any questions regarding this item please contact me.
Dsim
cc: gad Emans, Fre Chief
• MINUTES
HUTCHINSON FIRE DEPARTMENT
REGULAR MEETING
Monday, March 2, 1992
The meeting opened at 8:30 p.m.
Gary reported engineers meeting will be switched to the 4th Monday of the
month.
Fire Prevention Open House is set for September 19, 1992.
The following bills and runs were read:
BILLS
CITY AND RURAL BUDGET
Bennet once Supply
10.00
Popp Electric
78.00
15D 'x423
23.75
Hutch Tech College
375.00
Ink spots
19.18
McLeod Co. FC Assn
100.00
Zee Medical Supplies
39.00
Hutch Tech Col Iege
200.00
Ideal Shoe Shop
10.00
Olson's Locksmith
10.00
Franklin Printing
3.87
Automation Supply
12.88
American Bristol
131.56
Two Way Comm
95.55
Coast to Coast
3.18
Coast to Coast
21.99
Coast to Coast
1.04
Coast to Coast
5.51
•
Total
$ 1,140.55
F I AM
105.00
Sewing Basket
7.85
Greenbri ar
192.95
KDUZ
58.25
KKJR
58.25
Northland Bev
25.50
Hutch Leader
55.28
Mike Schuetze
29.60
Dan Steele
54.38
Highliners
75.00
Cashwise
60.39
3 star services
22152
TOTAL $ 943.97
11.11111h. &i
2/1 Sladek
2/27
Peterson
2/3 10 -52
2/28
Boettcher
2/3 Burns Manor
2/29
Evergreen
2/6 Greencastle
2/3
Drlll /meeting
2/8 Cogley
2/ 10
Communication Drill
2/ 10 Compton
2/ 1 1
Governor's standby
2/13 Hospital
2/12
Chief's meeting
2/14 Plath
2/ 15
FIAM tours
2/14 Underground
2/16
Pump Instruction
2/17 Burns Manor
2/17
SCBA dri 11
2/18 10-52
2/ 19
Special Drill Cleanup
2/21 Johnson
2/20
Town board meeting
2/22 Medical
2/26
Engineer's Drill
2/24 Kokesch
2/27 Peterson
A motion was made and seconded to approve bills and runs.
A
0
0
n
u
Motion was made and seconded to remove Jon Burks from reserve list.
Motion was made and seconded to remove Richard Rogers from reserve
list.
Jerry Bollin was voted on to full time permanent status with a I year
probationary period.
Brad reported no one should be talking about medical cal Is. Medical runs
will now be running with a 4 -man crew for the present time.
The meeting adjourned at 9:30 p.m.
Submitted by,
Bob Schantzen
Secretary
0
•
E
HUTCHINSON SAFETY COUNCIL
MINUTES
The monthly Hutchinson Safety Council meeting was held at
noon, February 24, 1992 at the McLeod County Heritage
Center. There were sixteen members attending.
President George Field opened the meeting. The January
minutes were approved as submitted.
Old Business:
Mark Seth asked
trees are obstructing
It was noted that the
view of the railroad
Mills.
for clarification concerning where the
the road north of Harris Pine Mills.
trees are actually obstructing the
track towards the East near Harris Pine
New Business
President Field asked for ideas on programs or displays
for the County Fair. Duane Hoeschens said that last year
the children's safety coloring books were popular items for
handout. Duane was given a listing of safety brochures
available for handout at the Fair and was asked to review
and suggest brochures to order. Les Smith will check on
possible Safety Council displays.
2. Randy Exstad reported that the school will be doing a
bike safety program in the Spring.
3. Jim Faber reported that the number of fires caused by
wood burning stoves are down from last year.
4. The Thompson farm accident and PTO safety was discussed.
It was felt that the media missed the opportunity to educate
the public about farm safety and how to prevent such
accidents. Jim Faber Rill look into if a display is
available on PTO safety to use at the Fair.
5. Carbon Monoxide detectors are available and can be
picked up at City Hall or Hutchinson Utilities office.
6. Emissions from 3M smoke stacks are of concern; Duane
Hoeschens explained that the emissions are of low toxicity
and that benzene is not one of the pollutants.
The next meeting will be held on Monday, March 30, 1992 at
noon at the Heritage Center.
Checking Balance: $469.36
Savings Balance: $192.59
