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cp08-28-1979 cHUTCHINSON CITY CALENDAR WEEK OF AngiuRt 26 TO August 31 1979 WEDNESDAY FIRST DAY OF SCHOOL SUNDAY THURSDAY MONDAY - Hutchinson Safety Council Meeting at Prairie House FRIDAY TUESDAY 7:30 P.M. - City Council Meet- ing at City Hall SATURDAY r AUGUST 28, 1979 SHELTERED WORKSHOP - HUD GRANT CITY OF HUTCHINSON ISSUE NO. 35 After preliminary discussions with HUD representatives, it appears that an application for funding a sheltered workshop would be looked upon very favorably. To score high on the application it may be necessary to coordinate our efforts to the County Commissioners in name only, to utilize population (handicapped) statistics of the entire county. After discussion with Dale Birkeland, it is our desire to establish a meeting with the three City representatives on the County Board and City Council, followed by a second meeting with the entire County Board; possibly traveling in the Hutchmobile to Willmar to see the sheltered workshop operation in existence. DOWNTOWN LAWCON GRANT STATUS The closing on the house owned by Mr. and Mrs. Sam Flom was completed on August 15, 1979. We anticipate executing the purchase agreement on'the property owned by Kenneth Tenney with First National'Bank within the next few weeks. MOTEL SITE ADJUSTMENTS Mr. Don Oleson, of the Holiday Inn, has informed me that the Perkins has required the de- velopers to include Second Avenue Northeast in the site plan and the removal of tracks ad- jacent to the proposed Perkins. Therefore, Mr. Oleson is redesigning the building based on the franchise requirement. Mr. Oleson would like to formalize the boundaries of the development site at the next Downtown Development Board meeting for review and recommenda- tion to the City Council. Clarence Simonowicz, Consultant, is recommending the City Coun- cil not take any action -until such time as a site and building plan is formally submitted and approved by the City. OPTIONS OBTAINED - MOTEL SITE Three of the five property options have been returned and signed (Daggett, Swanke, and Lar- son). We are awaiting a response involving the smaller parcels (motor shop and one house). APPRAISALS INSPECTION COMPLETED - SAFETY BUILDING SITE The appraiser, Carl R. Pelton & Associates, has completed the inspections of both the land and buildings. A preliminary cost report will be forwarded to TKDA by September 1, and a full report will be received by the City by September 15, 1979. 10 AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 28, 1979 .4. Call meeting to order - 7:30 P.M. V2. Invocation - Reverend Maynard Johnson /3. Consideration of Minutes - Regular Meeting of August 14, 1979 Action - Motion to approve - Motion to approve as amended 4. Public Hearing ✓(a) Proposed Uses of Federal Revenue Sharing Funds - 8:00 P.M. Action - Motion to close hearing - ,�/(b) Tax Increment Finance Plan (Development Districts 1, 2 & 3) - 8:30 P.M. Action - Motion to close hearing - 5. Communications, Requests and Petitions ✓(a) Consideration of Request for Investigator Waage to Attend 4th National Conference on Child Abuse and Neglect, October 7-10, 1979 Action - Motion to approve - Motion to reject ✓(b) Consideration of Request to Enter Into Service Contract with Motorola by Police Department Action - Motion to reject - Motion to enter into contract and authorize signing (c) Discussion of Procedures to Determine Possible Structural Defects of Privately Owned Buildings in City Action - ,/(d) Consideration of Request by Bennett Schaeffer, Cenex Oil Assoc., to Move Warehouse Building Action - Motion to approve - Motion to reject 6. Resolutions and Ordinances None Council Agenda August 28, 1979 7. Reports of Officers, Boards and Commissions J(a) Monthly Financial Report - July 1979 Action - Order by Mayor received for filing .,/(b) Minutes of Hospital Board dated July 17, 1979 Action - Order by Mayor received for filing v(c) Minutes of Planning Commission dated July 17, 1979 and Special Meeting dated July 31, 1979 Action - Order by Mayor received for filing 8. Unfinished Business V(a) Consideration of Amending City Ordinance, Section 235:15 entitled "Powers and Duties" for Hospital Board (DEFERRED AUGUST 14, 1979) Action - Motion to reject - Motion to waive first reading of ordinance and set second reading for September 11, 1979 /(b) Consideration of Establishing Public Hearing Date Administratively for Planning Commission Items (DEFERRED AUGUST 14, 1979) Action - Motion to reject - Motion to approve and waive first reading of ordinance and set second reading for September 11, 1979 9. New Business (a) Consideration of Request by Trails End, Inc. for Special Permit to Display New and Used Cars on Boulevard 04p, Action - Motion to reject - Motion to approve special permit , (b) Consideration of Request for Conditional Use Permit submitted by City of Hutchinson In the Floodway with favorable recommendation of Planning Commission Action - Motion to reject - Motion to waive reading and adopt Resolution ✓(c) Consideration of Request for Conditional Use Permit submitted by Goebel Fixture with favorable recommendation of Planning Commission with Three Contingencies Action - Motion to reject - Motion to waive reading and adopt Resolution -2- Council Agenda August 28, 1979 ✓(d) Consideration of Request for Preliminary Plat submitted by Dennis Albertson to be known as "Paden First Addition" with favorable recommendation of Planning Commission Action - Motion to reject - Motion to waive reading and adopt Resolution ✓(e) Consideration of Request for Conditional Use Permit submitted by Larry Schanzenbach and Michael D. Oleson (Taco John's) with favorable recommendation of Planning Commission Action - Motion to reject - Motion to waive reading and adopt Resolution LAO Consideration of Request for Conditional Use Permit submitted by Riverside Properties (former Medical Center) with favorable recommendation of Planning Commission Action - Motion to reject - Motion to waive reading and adopt Resolution ✓(g) Consideration of Request for Conditional Use Permit submitted by Laverne Wylie with favorable recommendation of Planning Commission Action - Motion to reject - Motion to waive reading and adopt Resolution v1(h) Consideration of Request for Variance submitted by Hutchinson Utilities with favorable recommendation of Planning Commission with Contingency Action - Motion to reject - Motion to waive reading and adopt Resolution ✓(i) Consideration of Request for Conditional Use Permit submitted by Hutchinson Utilities with favorable recommendation of Planning Commission with Contingency Action - Motion to reject - Motion to waive reading and adopt Resolution r/(j) Consideration of Approval of Final Plat of McDonald's Sixth Addition Action - Motion to reject - Motion to waive reading and adopt Resolution Ak) Consideration of Application for Retail "On Sale" Non -Intoxicating Malt Liquor License for Hutch Bowl, Inc. Action - Motion to reject - Motion to approve and issue license ✓(1) Consideration of Application for Cigarette License by Hutch Bowl, Inc. Action - Motion to reject - Motion to approve and issue license 1X,z Council Agenda August 28, 1979 v/(m) Consideration of Variance from State Uniform Fire Code for Hutchinson Public Schools Action - Motion to reject - Motion to grant variance 10. Miscellaneous ,(a) Communications from Clerk -Administrative Assistant 11. Claims, Appropriations and Contract Payments J a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12.J Adjournment -4- AGENDA ADDITI REGULAR MEETING - HUTCHINSJ* ITY COUNCTI, TUESDAY, ATTGUST 2.8;,1 7 79 I. 5. Communications, Requests and Petitions ✓(e) Discussion of Lighting along Oakwood Lane Action - V(f) Consideration of Request for Street Lights on Stoney Point Road Action - Motion to reject - Motion to refer to Utilities Commission 7. Reports of Officers, Boards and Commissio0s v (d) Minutes of "Seniors Activity Center" Advisory Board dated August 7, 1979 Action - Order by Mayor received for filing 9. New Business ,,(n) Consideration of Request by Hutchinson Area Chamber of Commerce to Use Library Square for Fifth Annual Arts and Crafts Festival on September 14-15, 1979 Action - Motion to approve - Motion to reject (o) Consideration of Request by Hutchinson Ambassadors to Operate Food Concession Stand in Public Square for Arts and Crafts Festival on September 14-15, 1979 Action - Motion to approve - Motion to reject V/(p) Discussion of Conveying A Portion of Land to Hutchinson Industrial Corporation Action - ✓(q) Consideration of State Aid for Airport Maintenance and Operation Action - Motion to reject - Motion to approve adoption of Resolution and enter into agreement ,/(r) Consideration of Delinquent Water and Sewer Accounts Action - Motion to reject - Motion to authorize extension of pay period - Motion to authorize discontinuance of service MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 14, 1979 1. CALL TO ORDER The meeting was called to order by Mayor Black at 7:30 P.M., with the following members present: Aldermen Peterson, Gruenhagen and Huntwork, in addition to Mayor Black. Absent: Alderman Westlund. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Regular Meeting of July 24, 1979 and Special Meetings of July 26, 1979, August 1, 1979, August 3, 1979 and August 7, 1979 were approved as presented upon motion by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 74 At 8:10 P.M. Mayor Black called to order the Public Hearing on the proposed assessment rolls and read Publication No. 2196, Notice of Hearing on Proposed Assessment Project 78-03, Assessment Roll 74. Mayor Black commented a hearing was held two years ago regarding this proposed project, and it was determined to'proceed from a topographical map. He then called on the City Engineer/Public Works Director to explain the problem in the southeast area of the City. City Engineer/Public Works Director Priebe explained that for the past several years following heavy rains, there has been deep water standing. The outlet line has been rebuilt to handle this water and serves the lateral lines west to Main Street; also, it picks up water on Franklin as far south as T.H. 15. The major portion of the cost for the project has been borne by the City. Nick Kisling Commented on the storm sewer built in 1960. Asked 736 Hassan S. why he was being assessed for this one in the amount of $130+. It had never gone to Fifth Avenue before. Marlow Priebe Informed Mr. Kisling he was assessed for the lateral City Engineer line, not for the trunk which was built at this time. The trunk line has never been assessed. This Council Minutes August 14, 1979 Charles Hutchins 914 Craig Avenue Mayor Black Unidentified Lady line will replace part of the previous line and reduce the overload of the area. Asked what the assessment would cost. Stated he did not receive an assessment notice. Informed Mr. Hutchins he was not in the area to be assessed for the project. Asked if the amount of $97.57 would be for the work on Fifth Avenue. Jim Riley Stated he didn't feel this drain would be of any 465 Main N. benefit for those with property on the south nd of Hassan. The present problems are not problems of the area where property is owned but rather a problem of drainage in the other end of town. He has had an assessment before. Raised a question on the old line. Wanted to know where he could find out if this was an assessment against the trunk line. Mrs. Alvina Ellis Stated she had been assessed for the sewer in 1960. 746 S. Main Asked why she should be assessed again. Therp, was no way her water could run over to the line. _""She refused to pay for another assessment. There being no one else present wishing to be heard, it was moved by Alderman Peterson to close the hearing at 8:35 P.M. Seconded by Alderman Gruenhagen, the motion unanimously carried. (b) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 75 Mayor Black called the hearing on proposed assessment roll No. 75 with the reading of Publication No. 2197, Project 78-03. He then asked if there was anyone present wishing to be heard regarding Assessment Roll No. 75. There being no one present to be heard, the hearing was declared closed at 8:37 P.M. on motion by Alderman Peterson, seconded by Alderman Gruenhagen, and carried unanimously. (c) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 76 Mayor Black called the hearing on proposed assessment roll No. 76, Project 78-01, with the reading of Publication No. 2198. Eldred Miller Asked if the difference on his assessment had to 1115 Jefferson do with a curb put in in 1977 and a credit had been issued on Lot 7, Miller Townhouse Addition. -2- Council Minutes August 14, 1979 Marlow Priebe Commented the total assessment did not include a City Engineer credit, but he thought Mr. Miller was entitled to one so he would check into the matter. There being no one else present wishing to be heard, it was moved by Alderman Peterson, secondedwby Alderman Gruenhagen and unanimously carried, to declare the hearing closed at 8:45 P.M. (d) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 77 Mayor Black called the hearing on proposed assessment roll No. 77 with the read- ing of Publication No. 2199, Project 78-01 and 78-02. Charles Hutchins Asked if any of this work would be done on Craig. 914 Craig Avenue Stated the assessments on Lot 11 were paid when he purchased the property. There being no one else present wishing to be heard, it was moved by Alderman Peterson to close the hearing at,8:50 P.M. Seconded by Alderman Gruenhagen, the motion unanimously carried. (e) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 78 Mayor Black called the hearing on proposed assessment -...roll No. 78, Project 78-04, with the reading of Publication No. 2200. There being no one present wishing to be heard, the hearing was declared closed at 8:52 P.M. on motion by Alderman Huntwork, seconded by Alderman Gruenhagen, and unanimously carried. RESOLUTION NO. 6389 It was moved by Alderman Peterson, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6389 entitled Adopting Assessment -Roll No. 74, Project 78-03. Motion carried unanimously. RESOLUTION NO. 6390 It was moved by Alderman Peterson, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6390 entitled Adopting Assessment Roll No. 75, Project 78-03. Motion carried unanimously. RESOLUTION NO. 6391 It was moved by Alderman Peterson, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6391 entitled Adopting Assessment Roll No. 76, Project 78-01, as amended. Motion carred unanimously. -3- Council Minutes August 14, 1979 RESOLUTION NO. 6392 It was moved by Alderman Peterson, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6392 entitled Adopting Assessment Roll No. 77, Project 78-01 and 78-02. Motion carried unanimously. RESOLUTION NO. 6393 It was moved by Alderman Peterson, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6393 entitled Adopting Assessment Roll No. 78, Project 78-04. Motion carried unanimously. Mayor Black pointed out the interest rate per annum on the unpaid balance of assessments will be 7%. He further explained the procedure for paying the assessment costs. Assessment Rolls No. 74, 75, 76, 77, and 78 shall all be payable in equal annual installments extending over a period of 10 years." - It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork, to approve the 7% interest rate on the Assessment Rolls No. 74, 75, 76, 77 and 78. Motion unanimously carried. The Council meeting in the Council Chambers adjourned to reconvene in the Aud- itorium for the public hearing scheduled for 9:00 P.M. (f) CONSIDERATION OF INDUSTRIAL REVENUE BONDS FOR DEVELOPERS DIVERSIFIED - 9:.00 P.M. Mayor Black called the public hearing to order at 9:00 P.M. and read Notice of Public Hearing On A Proposed Project and the Issuance of Industrial Development Revenue Bonds under the Municipal Industrial Development Act, Minnesota Stat- utes, Chapter 474, As Amended. He further reviewed the background whereby Developers Diversified first appeared before the City Council on January 23, 1979 and requested an industrial revenue bond for their shopping center. The matter was deferred to the February 13, 1979 meeting, and at that time the Council declined the request, with the option that should Developers Diversi- fied decide to provide expertise and financial assistance (investment) to the downtown development project; the Council would reconsider. On April 10, 1979 Developers Diversified returned to the Council with their request, and the dis- cussion was continued to the April 24, 1979 meeting. At the subsequent Coun- cil meeting action was deferred to June 26, 1979, at which time issuance of an industrial revenue bond was granted. On May 8, 1979 Alderman Peterson presented a letter to the Council in which he suggested a moratorium on the issuance of an industrial revenue bond for a period of six months; however, no action was taken on the recommendation. At the July 10, 1979 Council meeting it was necessary to set a public hearing date of August 14, 1979 at 9:00 P.M. due to a recent change in law. This made -4- Council Minutes August 14, 1979 the previous action invalid; therefore, the matter of issuing an industrial revenue bond to Developers Diversified must be reconsidered and acted upon. The public hearing was opened for comments or questions, with the following responding: Don Erickson Asked for the reasons why the Council approved Red Owl the bond after two previous unfavorable votes. Mayor Black Stated the Council has maintained an open policy of considering any request put before them. De- velopers Diversified had asked to be placed -on the agenda and were given consideration. Dick Lennes Asked for a review of the Council's stand to give Hickory Lane attention and priority to the downtown retail com- plex and for the philosophy behind the switch in their policy. Mayor Black Commented about three years ago an adviso . com- mittee was appointed to look at problems in the ,downtown area and to make recommendations for solu- tions to those problems. There have been various ideas and suggestions, and one of them was a recom- mendation to develop a shopping complex downtown. Subsequently, a hearing was held to attain the ideas and thoughts from the public as to what might be accomplished. The work then went forward from that point, and an advertisement was placed for a de- veloper of the downtown project. The City Council hired the A & P Group, with a non-exclusive contract, to work toward the development and accomplishment of established goals. A lot of ideas and printed words went into the proposal. In October, 1978 the committee was formally establ-kshed as the Downtown Development District Advisory Board to comply with State Statutes. During this period .of time there was some vacillation on the part of the Board and the Council as to location of the development. Also, during this same period of time, the 40 -acre parcel on Highway 15 South was being developed and had met City requirements. Both the City and Down- town Development Board were aware of the fact a shopping complex was being proposed for this sec- tion of town. Due to a change in state laws on industrial revenue bond financing, it was possible to secure a higher dollar limit. Therefore, Devel- opers Diversified asked the City for a bond. -5- Council Minutes August 14, 1979 Ted Beatty Stated he was against granting industrial revenue Snyder Drug bond financing. The business center should not be transferred to the peripheral area of town. Much of the downtown will be destroyed as the business goes to the shopping center and away from downtown. Ward Haugen Interested in keeping the City tax base downtown. GTC Auto Parts He thought the downtown would decline rapidly if the mall is built, a detriment to the community. Businessmen take pride in the downtown. There will be more empty stores if the mall is built, and the downtown will be less desirable. Stated he assumed the Council had a financial statement from Developers Diversified. 412, Jim DeMeyer Stated he was one of the parties working on ithe de- DeMeyer Realty velopment of the shopping center south of Hutchinson. It was never his intent to bring about anyffi- culties or problems for the community. He expressed disappointment in the opposition to the project. Measurement of success discussed, for the most part, has been to delay progress or moving ahead. Referred to the article in the Leader where'za Duluth speaker had come to Hutchinson to discuss shopping centers. He stated he disagreed with the statement that the tax base would dwindle, as well as some other points. The proposed mall would bring in new tax revenues to the City. Commented that the reason for the hearing was be- cause of the failure of downtown merchants to pro- vide for the community. Some years ago opposition was shown to Plaza 15, but it helped the downtown and brought new customers. There are adjustments that must be made during change, and everyone is subject to the natural process of change. There has been failure since the last shopping center was built, and now another group has come in be- cause it sees a market here. Stated he would like to see a continuation of growth and cooperation in working together. The Council has provided for the downtown group, but this outside group has spent their own money to develop the shopping center. They only ask for a common place in the money market. Inasmuch as the community will benefit, he asked for a favor- able response to their request. Council Minutes August 14, 1979 Skip Quade, Chm. Stated he was confused because of statement down- Quade's town merchants are against progress. They feel development is important, but it should be in the downtown area. The reality of goals was very near, but now work has stopped on the downtown center. There is not room in the City for two equal develop- ments. Where do we stand? What do we want to do? A new shopping center will require additional police protection, utilities, etc., which the downtown has already. Robert Schwanke Asked if developer would go ahead with the project Mary Lue's Nit Pik if they did not get a tax break on bonds. He had heard the organization was ready to drop plans for the project if they did not get approval. If they were going to build without the bond, they would have confidence in the project. Jim DeMeyer Stated intentions are to provide an attractive ex- DeMeyer Realty terior. If money could not be obtained, it might not be possible to achieve this goal. Harold Beytien Commented on Mr. DeMeyer's remarks regarding down - Retired town not keeping up. Stated all stores are in good shape. Asked why such a remark was made. Jim DeMeyer Stated he was not shorting the community of iden- tity. He has a group who is willing to offer more to the community than is now available. Harold Beytien Commented it was because they could get a cheaper interest rate. Milton Lueneburg Remarked it was the -"professionals" who threw Family Rexall wrenches into the downtown project. The City was a "cow to be milked." It takes time to proceed with a project. Now the Council has to make a far-reaching decision. Asked if an economic im- pact study had been requested. Jim DeMeyer Replied that time element is not justifiable. The Developers Diversified did studies at their own expense and on their own time. Bob Carney Said he was a concerned citizen and businessman. Crow River Warehouse He hadn't found one town in which a shopping cen- ter went in that it improved the downtown. With a -7- Council Minutes August 14, 1979 shopping center, the rent will be high so that chain stores will come in and money will leave the community. As a home owner, taxes will go up. Jeff Hoeft Referred to Mankato and the effect an outlying Resident (Teacher) shopping center had on its downtown. This may be the most important vote taken in Hutchinson, which will be far-reaching and have an effect on the downtown. Asked where values lie - with down- town or with shopping center or with local people? Not sure it is necessary to go to a shopping mall. Don Erickson Asked if an economic impact study would be ordered. 7». Mayor Black Reported no study had been ordered. The initial economic study done by CRS stated a need for_sn additional 200,00 square feet of retail busiss space to serve the present population. Skip Quade Commented there was a statement in the same study that the best location for the new development would be downtown. Duane Dickey Asked Mr. Quade if he felt the downtown was DuMax, Inc. satisfaction as a whole. Skip Quade Stated Hutchinson needed additional retail space but felt it belonged downtown,as the study showed. There should be an upgrading of what is already here, and the downtown was on the brink of this accomplishment. They should be given this oppor- tunity. Duane Dickey Commented he was new to the community. It appears that past experience with shopping centers in a community has become an issue with what was ap- proved on the south side of town. Asked what kind of time element was being considered. Skip Quade Replied from the time the committee was made offi- cial in October, 1978 to the present, they are at the point of a four -fold program: 1) motel, 2) high rise apartment complex, 3) relocation of City and government center, and 4) retail development of downtown. They were very close to achieving item 4. It is premature to have another shopping center come in at this time. If in two years nothing hap- pens downtown, Developers Diversified could build. Council Minutes August 14, 1979 Duane Dickey Asked if anything was in progress right now.- The downtow n development cannot succeed without tax increment financing or bonds. He stated he believed in private enterprise. The downtown should be de- veloped, but at the same time a company which wants to invest money in the community should be allowed to do so. Further, he didn't feel the Council should be forced to make a choice of one project over the other. Skip Quade Pointed out he wasn't against private enterprise, but every decision of City government affects what is going to happen to private enterprise. It should be shaped around a strong central business district. He felt it should be possible to shape the destiny of the community. If enough space could be made available for a large chain, they would accept lo- cation downtown. He pointed.out government takes -a dim view on shopping centers.. Duane Dickey Stated the reason government is taking a dim view was because they are asked to provide the -money to build them. Dick Lennes Stated he would like to go on record opposing the action taken by the Council on industrial revenue bonds. He would prefer the Council put a morator- ium on issuance of bonds for a period of one year to allow the downtown to meet their goals. If Developers Diversified wished to go ahead with- out bends, they were free to do so. Ron McGraw Commented he had not put enough time into keeping Attorney pace with the progress of the downtown project or mall south of town. Stated he represented a num- ber of downtown businessmen who have spent a great deal of time and energy (which represents dollars) on the downtown project. Hutchinson's founding fathers built the town with a central square and the business district around it. The easy route was to go outside the business district, but the central district should be saved. Reported the downtown businessmen are having dif- ficulty getting organized. They are busy with their own businesses and are not experts in development. They need time. Perhaps six months would be ade- quate. He thought an impact study was necessary, -9- Council Minutes August 14, 1979 and there is money available for the study. All the "ingredients" people want are downtown, but there is nothing concrete to offer at present. Time will put them on an equal basis. Jim DeMeyer Again stated that decay and changes in use are natural -processes in a city, as in life. It is time for change. Asked if the downtown buildings would be useable in 15 years. "If the south goes, it will all go." Bob Carney Asked how much sales the shopping center would draw. Jim DeMeyer Stated he did not have this information avagable. Mayor Black Remarked he would like to make two comments„Zi:n closing. First, the initial estimate showed that Hutchinson would have a demand for approximately 200,000 additional square feet of shopping space. One of the problems with the downtown area was that a substantial number of parcels in downtown area were owned by persons over 55 years of age, and there was no provision for continuation of the business. In regard to the different projects being consid- ered for the downtown area, 1) the motel is very close to becoming a reality; 2) the high ride is not an eminent accomplishment by choice of HUD. Monies will go -to single family type housing in- stead of for the elderly; 3) the public service building has an architect working with the staff and is in the process of making preliminary plans for an estimated cost. Appraisals of the property site will be done and a referendum presented in the fall of 1979. Consultant Simonowicz In study made three years ago, it was reported that CRS & Associates 200,000 square feet of projected retail space was needed in the City. Retail space was defined as all kinds of space for retail, including not only over the counter but also cars, lumber yards, etc. He saw this space as about one-half "over the coun- ter” retail and one-half bulk retail not found in shopping centers or close -in downtown area. -10- Council Minutes August 14, 1979 Mayor Black Pointed out the City is not loaning the money for bond financing but is acting as the middle party. The developer has to find its own source of financ- ing and make arrangements for the bond sale. There has been some confusion about the legality of the bonds. He then referred to the.August issue of Minnesota magazine in which an article mentioned some of the types of businesses being built with bond financing in the State of Minnesota. Bob Carney Shouldn't look at legality but rather at what is best for the community as a whole and what effect it will have. Mayor Black Replied that each Council member votes according to what he believes to be in the best interest of the total community. Joe Wesley Remarked many parallels have been made tonight. Wesley's Pharmacy Democracy is.a verysticky thing, and.At takes time to determine right and wrong. "There is a strong business district, and it needs support given to it. The services for the development of the shop- ping center will be borne by the community. The importance of democracy is in time, and it is the Council's obligation to provide that opportunity. It was moved by Alderman Bruce Peterson to close the hearing at 10:18 P.M. Seconded by Alderman Gruenhagen, the motion unanimously carried. Mayor Black asked the Council members for their comments. Alderman Huntwork responded by stating he had a difficult time voting on this issue at the last meeting. He had made his decision based on what was in the best economic in- terest for the City. He felt it was unfair to consider this an abandonment of the downtown and pointed out it is costly to work on a downtown project. He further commented on the hotel and the City dollars involved to put it in= the downtown area. The proposal for the shopping center promised to be an im- mediate revenue producer, and he estimated the revenue from the mail would be equal to half the revenue from the downtown businesses. (Note: at a later point in the Council meeting Mr. Huntwork corrected his statement since an error was made in the figures used to calculate the estimate of revenue from the shop- ping center.) Alderman Gruenhagen referred to the City's forefathers and their layout of the City. They established the downtown business area, but more businesses have come into town and the City has grown. It has reached the point where downtown -11- Council Minutes August 14, 1979 business district can no longer handle the community and serve it well. Sev- eral businesses have moved to the edge of town for need of more space. Ald- erman Gruenhagen stated he had drawn a three-quarter mile circle of both the downtown and new center site, and two-thirds of the residents live closer to the proposed shopping center than downtown. All of the people in Hutchinson have to be served. In closing, he commented that the downtown could resolve its problems by dressing up the downtown and providing more parking. Alderman Peterson reported he had nothing to add to the previous comments. He felt a decision should be delayed inasmuch as Alderman Westlund was absent to vote on the issue. Mayor Black remarked he didn't think it would be necessary to defer acti& un- til such time as Alderman Westlund was present. He then stated he had not in- tended to read a letter received from Alderman Westlund prior to the meefing in which he stated his intent to resign from the City Council. Since Magor Black had not discussed it with Alderman Westlund, no action would be taken at this Council meeting on the letter of resignation. It was moved by Alderman Peterson to defer action on the industrial revenue bonds issue. There being no second, the motion died. Alderman Huntwork made the motion that industrial revenue bonds be granted to Developers Diversified in the amount of $8,600,000.00, subject to the adopted policy of the Council. The motion was seconded by Alderman Gruenhagen, with Aldermen Huntwork, Gruenhagen, and Peterson voting aye; the Chair abstained from voting, and the motion carried. It was moved by Alderman Huntwork, seconded by Alderman Gruenhagen and urfani- mously carried, to waive reading and adopt Resolution No. 6394 entitled Resolu- tion Giving Preliminary Approval' to A Project under the Municipal Industrial Development Act; Referring the Proposal to the Commissioner of Securities for Approval; and Authorizing Preparation of Necessary Documents. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR DEAN O'BORSKY TO ATTEND 14TH ANNUAL CRIMINAL JUSTICE INSTITUTE ON AUGUST 27-29, 1979 Following discussion, the motion was made by Alderman Huntwork, seconded by Alderman Gruenhagen and unanimously carried, to approve Dean O'Borsky attend- ing the Criminal Justice Institute. -12- Council Minutes August 14, 1979 (b) CONSIDERATION OF REQUEST BY FREDDIE HARRIS TO SELL RELIGIOUS BOOKS"DOOR-TO- DOOR IN HUTCHINSON After discussion, Alderman Gruenhagen moved to approve a permit for Freddie Harris to sell religious books. Seconded by Alderman Peterson, the motion carried unanimously. (c) CONSIDERATION OF REQUEST BY RALPH HAKEL TO MOVE RESIDENTIAL GARAGE Following discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Huntwork and unanimously carried, to grant approval for Ralph Hakel to move a residential garage, with the stipulations that he repair or replace the two overhead garage doors, square and plumb the building after moving, paint exterior siding and doors and purchase all necessary permits prior to the work being done. (d) CONSIDERATION OF REQUEST FOR HOMER PITTMAN AND ELDEN WILLARD TO ATTEND MINNESOTA BUILDING OFFICIALS ASSOCIATION SOUTHWEST REGION MEETING ON AUGUST 15, 1979 After discussion, the motion was made by Alderman Huntwork to approve atten- dance at the Minnesota Building Officials Meeting by Homer Pittman and Elden Willard. The motion was seconded by Alderman Gruenhagen and carried unanimously. (e) CONSIDERATION OF REQUEST FOR INVESTIGATOR WAAGE AND SGT. KIRCHOFF TO ATTEND 14TH ANNUAL CRIMINAL JUSTICE INSTITUTE ON AUGUST 27=29, 1979 Following discussion, Alderman Huntwork made the motion to approve Investigator Waage and Sgt. Kitchoff attending the Criminal Justice Institute. Seconded by Alderman Peterson, the motion unanimously carried. (f) DISCUSSION ON SALE OF LIQUOR ON ELECTION DAY BY VELVET COACH Judy Erickson, representing the Velvet Coach, appeared before the Council and inquired why the City prohibits the sale of liquor and/or non -intoxicating malt liquor on the day of elections, especially local elections. She cited an ex- ample of the last school election when a group of 15 to 20 came to their es- tablishment for a meeting and dinner. Since they could not purchase drinks, they left and went to Biscay for their meeting. She wondered why they had to be closed for local elections. Mayor Black commented that it was a state law at the time the ordinance was adopted. Then the law was changed, leaving the option to the City to determine what they wanted to do. The Council felt the City election was just as impor- tant as state or national elections so they left the ordinance the same, with no sale of liquor allowed on local election days. -13- Council Minutes August 14, 1979 Ms. Erickson remarked that the Velvet Coach has an obligation under their liquor license to serve customers who may come from out of town. Before they were annexed, they were under a county ordinance and didn't have to comply with the City's ordinances. Mayor Black stated he was not in favor of changing the ordinance. He felt it gave a uniform pattern for closing during elections. He further pointed out the City has an obligation to enforce its laws. Ms. Erickson responded they were asking for consideration of changing the or- dinance and intended to pursue it. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6388 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL A%D Following discussion, it was moved by Alderman Peterson, seconded by Alderman Huntwork and unanimously carried, to waive reading and adopt Resolution No. 6388 entitled Transferring $10,000 from Liquor Store to General Fund. (b) ORDINANCE NO. 9/79 - AMENDING SECTION 10.05 E & F OF ZONING ORDINANCE NO. 464 OF THE CITY OF HUTCHINSON, ENTITLED, SIGNS After discussion, the motion was made by Alderman Huntwork to waive reading and adopt Ordinance No. 582 entitled Amending Section 10.05 E & F of Zoning Ordinance No. 464 of the City of Hutchinson,'Entitled, Signs. Seconded by Alderman Gruenhagen, the motion unanimously carried. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - JULY 1979 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HOSPITAL BOARD DATED MAY 15, 1979 AND JUNE 19, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF AIRPORT COMMISSION DATED JULY 26, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF PARK & RECREATION BOARD DATED JULY 11, 1979 -14- Council Minutes August 14, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED JULY 10, 1.979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) MINUTES OF DOWNTOWN DEVELOPMENT BOARD DATED JULY 31, 1979 AND AUGUST 7, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (g) MINUTES OF TRANSPORTATION BOARD DATED AUGUST 8, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (h) MINUTES OF NURSING HOME BOARD DATED JULY 19, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF RECOMMENDATION FROM NURSING HOME BOARD FOR AWARDING CONTRACT FOR RE -ROOFING WORK (DEFERRED AUGUST 7, 1979) Upon review of the bids by the Nursing Home Board, it was the Board's recom- mendation to award the contract for re -roofing work at Burns Manor to Marty's Roofing and Sheetmetal of Hutchinson in the amount of $59,928.00. Following discussion, it was moved by Alderman Peterson, seconded by Alderman Huntwork and unanimously carried, to award the contract to Marty's Roofing and Sheetmetal for said work. (b) CONSIDERATION OF PAYMENT OF ADDITIONAL AUDIT FEES FOR YEAR -ENDING 1978 WITH RECOMMENDATION OF CITY ATTORNEY (DEFERRED JUNE 26, 1979) After reviewing the June, 1978 letter of contract between the City and Thor- sen, Campbell, Rolando & Lehne, it was the City Attorney's recommendation for the City to pay the additional $1,861 (half of the cost) to the auditing firm. Alderman Peterson moved that with the recommendation of the City Attorney to approve the additional payment of $1,861 to said auditing firm. Seconded by Alderman Gruenhagen, the motion unanimously carried. -15- - Minutes to be Continued - Council Minutes August 14,1 1979 9. NEW BUSINESS (a) CONSIDERATION OF AMENDING CITY ORDINANCE, SECTION 235:15 ENTITLED "POSTERS AND DUTIES" FOR HOSPITAL BOARD Alderman Gruenhagen reported the Hospital Board requested an increase in the limitation for spending for any single capital item of purchase from $2,500 to $10,000 without prior City Council approval. This would require an amend- ment to the Ordinance established in 1967. Mayor Black commented that the other City entities should perhaps be given the same consideration and suggested deferred action for further study into the matter. It was moved by Alderman Gruenhagen, seconded by Alderman Peterson and carried unanimously, to defer action. (b) CONSIDERATION OF LEASE AGREEMENT WITH CARLSON PHARMACY IN HUTCHINSON MEDICAL OFFICE BUILDING It was reported by Alderman Gruenhagen that the Medical Office Building has space available for a pharmacy. Pharmacist Charles Carlson would like to rent approximately 700 square feet of space in said building for a minimum period of three years at a basic rent of $7,000 per year, plus utilities, housekeep- ing, and "others" as stated in the lease, effective October 1, 1979. A copy of the lease agreement had been reviewed by the City Attorney, and it was the recommendation of the Hospital Board to approve execution of the contract. Following discussion, Alderman Huntwork moved to authorize signing the lease agreement with Pharmacist Charles Carlson and entering into contract. The motion was seconded by Alderman Peterson and unanimously carried. (c) CONSIDERATION OF REQUEST BY WM-JAMES AUTO, INC. FOR SPECIAL PERMIT TO DISPLAY NEW AND USED CARDS ON BOULEVARD Mayor Black gave a brief background stating that on November 25, 1968 a special permit was granted to Carl Moehring,allowing Moehring Motors to make use of the boulevard and display new and used cars on the boulevard fronting Washing- ton Avenue at the junction of Washington and' Adams Street. The permit was to be issued for a one-year period, or at the discretion of the City Council, with a restriction that the north four feet of said boulevard be reserved for a public sidewalk. However, the special permit was never renewed. After discussion, it was the consensus of the Council that a special permit for use of the City boulevard should be granted on am,,annual basis for a fee of $5.00. -16- Council Minutes August 14,;1979 f The motion was made by Alderman Huntwork to approve a sp#cial permit for Wm. - James Auto, Inc. on an annual basis for a fee of $51.00. Seconded by Alderman Gruenhagen, the motion unanimously carried. (d) CONSIDERATION OF "GREEN THUMB" EMPLOYMENT PROGRAM Personnel Coordinator Sitz informed the Council the Green Thumb,Inc. is a federally funded project for public service employment and training to employ older lour -income rural men and women. There will be five or more funded posi- tions in McLeod County about August 20, 1979. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Huntwork and unanimously carried, to approve the application for "Green Thumb" employees for the City of Hutchinson. (e) CONSIDERATION OF ACCELERATED PAY STEP FOR PATROLMAN LARRY ALDAPE It was recommended by Chief of Police O'Borsky that the new Police Patrol Of- ficer, Larry Aldape, be started at an accelerated pay step in view of his pre- vious experience and background. After discussion, the general consensus of the Council members was to grant Patrol Officer Aldape credit for one year of experience. It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork and carried unanimously, to approve the accelerated pay step for Patrolman Larry Aldape as recommended by Chief of Police O'Borsky. (f) CONSIDERATION OF REQUEST FOR EMPLOYEE MERIT INCREASE IN POLICE DEPARTMENT Mayor Black commented he had reviewed the merit increases with Chief of Police O'Borsky, and the recommended employees had not received a merit increase in some time. Following discussion, the motion was made by Alderman Huntwork to approve the employee merit increases in the Police Department as recommended. The motion was seconded by Alderman Gruenhagen and carried unanimously. (g) CONSIDERATION OF UPDATING THE UNIFORM BUILDING CODE This item was deleted from the agenda. (h) CONSIDERATION OF ADJUSTED 1980 ASSESSMENT AGREEMENT WITH MCLEOD COUNTY ASSESSOR Due to the additional cost in labor, etc., the County Assessor has requested -17- Council Minutes August 14, 1979 an adjustment in the service charge for the 1980 Assessment Agreement for the City of Hutchinson. The 1980 Assessment fee will be $14,229. After discussion, it was moved by Alderman Huntwork, seconded by Alderman Gruenhagen and unanimously carried, to approve the adjustment and authorize signing the agreement. (i) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR "SENIORS ACTIVITY CENTER" ADVISORY BOARD Inasmuch as the "Seniors Activity Center" Advisory Board wished to serve re- freshments at the State Softball Tournament to raise funds for future activi- ties of their organization, they requested the required fee be waived. Following discussion, the motion was made by Alderman Peterson to approve issuing the malt liquor license and waive the required fee. Seconded by Ald- 6rman Gruenhagen, the motion unanimously carried. (j) CONSIDERATION OF ADJUSTED COST FOR SAFETY GLASSES Administrative Assistant Plotz reported on a survey taken of several businesses and their policy of reimbursement for safety glasses used by employees. It was noted that Hutchinson Utilities paid up to $80 on each pair. The Safety Com- mittee therefore requested a City policy equal to that of Hutchinson Utilities. It was also suggested that the City reimburse part-time employees up to $40 for safety glasses, and full reimbursement if they are employed longer than six months. After discussion, Alderman Huntwork moved to approve the adjustment cost for safety glasses for City employees. The motion was seconded by Alderman Gruen- hagen and carried unanimously. (k) CONSIDERATION OF LEASE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 423 FOR CIVIC ARENA Administrative Assistant Plotz reported the School Board had met and approved the lease agreement between the City and Independent School District No. 423 for use of the Civic Arena for a three-year period. Following discussion, it was moved by Alderman Gruenhagen to authorize sign- ing the lease agreement for the Civic Arena. The motion was seconded by Alder- man Peterson and unanimously carried. (1) CONSIDERATION OF SETTING HEARING FOR FEDERAL REVENUE SHARING After discussion, the motion was made by Alderman Peterson, seconded by Alder- man Huntwork and carried unanimously, to set the public hearing on federal rev- enue sharing for August 28, 1979 at 8:00 P.M. -18- Council Minutes August 14,,1979 a, (m) CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATE ADMINISTRATIVELY FOR PLANNING COMMISSION ITEMS Alderman Huntwork reported a survey was made of other cities and counties to determine their procedure for setting public hearing date(s) for the Planning Commission. The majority set the hearing administratively by staff. It was, therefore, the recommendation of the Planning Commission to delegate the power under Section 6.08 to staff on an experimental basis until January 1, 1980. Mayor Black responded that this change.in procedure would require an amend- ment to the ordinance and suggested that the Planning Commission Chairman, the Administrative Assistant and Alderman Huntwork draft a copy of the first reading of the amended ordinance for the next Council meeting. It was moved by Alderman Huntwork to d�fer action. The motion was seconded by Alderman Peterson and unanimously cftrried. (n) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCHINSON ELKS INC. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Huntwork and unanimously carried, to approve the application and is- sue an "On Sale" Non -Intoxicating Malt Liquor License. (o) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Administrative Assistant Plotz explained that an assessment search was done on the property at 504 Hassan Street South. At the bottom of the search it stated there might be some current bills outstanding. The property was sold at the same time a meter reading was done, and the original owner did not pay the bill. Mr. Plotz had consulted the City Attorney to determine who would be responsible for the bill, and he was informed the former owner would be responsible. Mayor Black commented this matter should be resolved between the parties in- volved as it is a civil debt. The payment of the water bill should be to the City by the current owner. Mrs. Patrick Kalenberg, new owner of the property at 504 Hassan Street South, stated the purchase agreement held the original owner responsible to pay assess- ments and pending assessments. She questioned why the water bill was not list- ed on the search and why the water was not turned off when no one lived in the house. She further inquired if the City could seek payment from the former owner. Mayor Black explained the procedure for assessing against property and stated if a bill is not paid, it would be certified against the property taxes for the next year. The title owner of the property must pay the bill with civil -19- Council Minutes August 14,, 1979 action against the former owner. After discussion, Alderman Peterson moved to discontinue service after Sep- tember 1, 1979 if the bill had not been paid. The motion was seconded by Alderman Gruenhagen and carried unanimously. (p) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH Following discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Huntwork and unanimously carried, to approve the application and issue a license to St. Anastasia Catholic Church. (q) CONSIDERATION OF ESTABLISHING AUGUST 28, 1979 FOR PUBLIC HEARING DATE ON TAX INCREMENT FINANCE PLAN (DEVELOPMMT DISTRICTS 1, 2 AND 3) WITH RECOMMEN- DATION OF DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD The Downtown Development District Advisory Board established development dis- trict No. 3 to compliment the objectives of the existing and approved districts 1 and 2 and a Tax Increment Finance Plan. It is their recommendation to ap- prove the report and set a public hearing. Following discussion, Alderman Huntwork moved to accept the report of the Tax Increment Finance Plan and set the public hearing for August 28, 1979 at 8:30 PM. The motion was seconded by Alderman Gruenhagen and unanimously carried. It was moved by Alderman Huntwork, seconded by Alderman Gruenhagen and unani- mously carried, to waive reading and adopt Resolution No. 6395 entitled Resolu- tion Calling for Hearing to Establish Boundaries of Development District No. 1, 2, and 3. It was moved by Alderman Huntwork, seconded by Alderman Gruenhagen and unani- mously carried, to waive reading and adopt Resolution No. 6396 entitled Resolu- tion Calling for Distribution of Downtown Development District Advisory Board Report and Tax Increment Finance Plan. - CONSIDERATION OF MERIT INCREASES FOR SERGEANTS AND INVESTIGATOR IN POLICE DEPARTMENT Following discussion, the motion was made by Alderman Huntwork to approve the merit increases for Sergeants and Investigator in the Police Department as recommended. The motion was seconded by Alderman Gruenhagen and carried unani- mously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT 5T.M. Council Minutes August 14,, 1979 Administrative Assistant Plotz reported meetings have been held on the proposed 1980 budget, and the Park and Recrealtion Board will meet Thursday, August 16, at 7:00 P.M. to discuss their budge.., It was reported that most of the appraisal work for the police and fire sta- tion site was done last Thursday, aa}d the completion date is set for Septem- ber 15, 1979. Mr. Plotz reported he attended a HUD Community Development Grant Application Seminar last week and will be reporting -on it in more detail at a later date. This coming Thursday Mr. Plotz planned to attend an energy meeting in the Twin Cities. The first closing for the LAWCON Park Acquisition Program will be on Wednesday with Mr. Sam Flom. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIM It was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unani- mously carried, to approve the verified claims and authorize payment from the appropriate funds. (b) CONSIDERATION OF CLAIM SUBMITTED BY AILIE CONSTRUCTION CO. It was the recommendation of the City Engineer/Public Works Director to deny the claim submitted by Ailie Construction inasmuch as his claim should be against the property owner, Steve Maki,who took out the building permit. The City Attorney concurred that the claim would be against the owner. After discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to reject the claim. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 11:09 P.M., upon motion by Alderman Peterson, seconded by Alder man Gruenhagen and unanimously carried. -21-, -. r PUBLISHED IN THE HUTCHINSON LEADER FRIDAY, AUGUST 17, 1979 PUBLICATION NO. 2208 NOTICE OF PUBLIC HEARING ON PROPOSED USE OF REVENUE SHARING TO WHOM IT MAY CONCERN: Notice is hereby given that the City of Hutchinson, Minnesota will hold a public hearing at City Hall, 37 Washington Avenue West, on Tuesday, August 28, 1979, 8:00 P.M., in the Council Chambers for the purpose of obtaining written and oral comment from the public on the proposed uses of revenue sharing funds in the upcoming budget for Fiscal Year 1980. All interested citizens groups, senior citizens and senior citizen organizations are encouraged to attend the hearing. Persons attending the hearing shall have the right to provide written and oral comments and suggestions regarding possible uses of revenue sharing funds. Following is important planning information for the Proposed Use Hearing: Amount of unappropriated revenue sharing funds in local trust fund $ 78,400.00 Amount of revenue sharing funds expected to be received during the upcoming fiscal year $114,042.00 Gary D.)Plotz City Clerk Dated: August 15, 1979 -- Q 0 PUBLISHED IN THE HUTCHINSON LEADER FRIDAY, AUGUST 17, 1979 PUBLICATION NO. 2209 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that a public hearing will be held on Tuesday, August 28, 1979 in the Council Chamber of City Hall at 8:30 P.M. for the purpose of establishing the Tax Increment Finance Plan --of Development Districts 1,,__2 and 3. This hearing will be held by the City Council of the .City of Hutchinson. At such hearing, all persons interested may be heard. rpl D.�lo Gay 'Lbz City Clerk Dated: August 15, 1979 el r 6 GFj r. Arl - - ------- -4- L: AVOM LL DOWNTOWN DEVELOPMENT DISTRICTS NUMBER 1&2 DEVELOPMENT DISTRICT BOUNDARIES DEVELOPMENT DISTRICT NO. I DEVELOPMENT ►'!STRICT NO. 2 IF]. FFT_ 9 F City Of , Hutchinson MAP NO. 1 C.F rwa� umm No— 0." IN. PftA. Nb -..,.4a il City Of INDUSTRIAL DEVELOPMENT Hutchinson DISTRICT NUMBER 3 MAP NO. DEVELOPMENT DISTRICT BOUNDARIES C-11 s A...crtr 2100 Uppw 4tlm PAmd ft. P". Mww...1. -25- DEVELOPMENT DISTRICT NO. 3 DATE August 14, 1979 POLICE DEPARTMENT MEMORANDUM TO: Chief Dean M. O'Borsky FROM: Richard Waage SUBJECT: 4th National Conference on Child Abuse and Neglect I have the opportunity to attend the 4th Annual Conference on Child Abuse and Neglect which is being held October 7,10, 1979 in Los Angeles, California. Transportation to Los Angeles will be provided by the McLeod County Social Service at no cost to the Police Department. The purpose of the conference is to keep professionals abreast of new concepts and tech- niques pertinent to the field of child abuse and neglect. This seminar promises both theoretical and practical, topics and issues along with inten sive training that will be pertinent to law enforcement. The registration cost is $60 in advance and motel rooms are $34 a night for 3 nights. I feel that the knowledge gained from such a seminar,would be an invaluable asset to this Department at a minimal cost to the Department. Law Enforce- ment orientated people from the County that will be attending the seminar include County Attorney Pete Kasal and Sheriff Duane Kopesky, along with other members of the McLeod County Social Service Child Abuse Team of which I am currently a member; TQC: C��2?�'1ZC1� 11t. Ckt 6LaA/K_' '0�'4A o /�_e ,u•. -CCW /" W«ge 17r�r Cr2 »nntA'r- C.t � ,p.E�fdhcu� ,h2 - /I ///, �/, ,dience it:cators. service providers, physicians, psychiatrists, .y:;ho!ogists, social scientists, parents, social workers, law )I:,rct-ment, nurses, day care providers, physical therapists, /I•r:,, jiufges and individuals and groups concerned about quality of life for children and their families. rplc Areas ,,,aich Perspectives- Information and Implications • (,logical Issues: Roles of culture, social class, and ,•.s in child rearing • Legal and Law Enforcement Models • -r vention and Prevention Strategies • Adolescent Abuse • ,.tial Abuse/The Child's Sexuality • Institutional Abuse - Iilsk Populations: Developmentally Disabled, u(, and Alcohol Abuse • Multidisciplinary Networks - b,in and Rural Approaches to Service Delivery - i,r ov(:ment of the Public Social Service System - .ttment Strategies • The Role of the Media in Child Abuse - ,_,etal Violence • Training for Service Providers• - iur Placement—Impact on the Child and the I lilly Structure • Medical Models • - Conference Planning Committee requests that individ- and groups interested in presenting workshops submit : )0 vord abstract by May 4, 1979. These papers will be .,sewed by a panel and a limited number will be selected : presentation. ll )timing Education Credit will be arranged. ,,-ibmit workshop proposals and/or obtain further informa- i contact: Conference Planning Committee Rugion IX Child Abuse and Neglect Resource Center Department of Special Education i-a!ifornia State University, Los Angeles r31li1 State University Drive Los Angeles, California 90032 l 213) 224-2574 or 224-3283 - Hilton Hotel is offering special conference room rates o,h are effective October 4-13,1979: Singles: $34 Double/Twins: $42 Trlpies: $50 >e daily rates are subject to state and city tax. .-pstration requests may be made through your local Hilton wl Reservation Service by September 29,1979, National Conference on Child Abuse and Neglect. Aid reservation cards will be available with the preliminary f,yram materials in June. jti �� • •�� iON •: T + �` T • • • a• • -. Vii. • •L�.�s••" �;`•7 i y... �s • ••• •.. •.yip' i •. %� ��•ii i .•f� as s_f i• :_ '• r�� +!i' • :C'S.::•'��* ',��"'.�..'�' �s•#'tib`' �'�,� •�* • • • • ••� i .• • • . •mow' ••E: � '� _ .-tit': .; ,t::,: t.ti ..: ,:,; x:� d�Fu �.r^- a rn..-•i,:a.,t.. •. ?nd Welfare, Washington, D -C, October 7,12:00 p.m:to October 10, 11:00 a.m., 197i' Los Angeles•Hotel, S30 Wilshire Blvd. Angeles,Los • 90017 Purpose The conference is a national forum to address broad based economic, political.. d policy concerns. • . •u -.let Itatsas stl mulus forconstructive iramilly bill slons MMM M77M• -• • • ment, physicians and nurses. (Please tear off and return this portion) :;gistration Form (Please print) ., 60 Advance Registration by September 1, 197.9 0 $25 Students (with valid identification) :• 15 On -Site Registration 0 $35 Daily Registration Fee le.!osed is a check or money order payable to Foundation, California State University, Los Angeles in the amount of $ i my credit card: Master Charge # ___ ___-__-__ ___ ___ Visa/BankAmericard # -(fit card expiration date:. _ _ Authorization Signature: Richard Waage (as you wish it to appear on your name badge) 1,in)zation/Affiliation Hutchinson Police Department (asou wish it to appear on your name badge) . . r ,. iiiny A(idicss (Organization) _ 31 Washington giveW__ Hutchinson State MN Zip 55350 thane (Day) ( 612 ) 879-2391 area code (See reverse side) ....-,..-�... .�.-t.-ed..c .._,wm ,.+....e... �..-,m.+.s::r,a-z+.r:....r®.=c...,.,...r•�i�,es��=.citi�aFsii - T�h,ar '+L�.._,�.til.,..._._......_.._..,,..�.�sSF�.«r.:.-a-.a..-:..r.a7w� August 20, 1979 DATE POLICE DEPARTMENT MEMORANDUM TO. Mayor and City Council r FROM: Chief Dean M. O'Borsky , SUBJECT: Request Authorization to Enter Service Contract I have been negotiating with Motorola regarding a service contract. Because of added equipment, much more sophisticated than previous equipment, the cost has risen substantially. I believe this to be a fair and equitable contract and request approval. DMO:neb M I,76, 14,PLV.. f. Cun,J►JunJCutJonf And E/act/onJCS Inc. 1301 1 A,ponq, Row Scewml.w,, 10moa 60196 CUSTOMER NAME/ FCC LICENSEE* City of HILtahjnagn, Police Dapartment ATTN: Dean O' Barsky ... .. �.. DATE h -LG -.t-11_ ADDRESS _City Hall ,�T CITY Hlltr�hi nsnn, STbfl_ I ZIP -55350. . WHEN THIS AGREEMENT IS ACCEPTED BY MOTOROLA THE EQUIPMENT LISTED WILL BE MAIN- TAINED BY MOTOROLA IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON THE RE. VERSE SIDE THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS OR BATTERIES. OR MAINTENANCE OF ANY TRANSMISSION LINE. ANTENNA. TOWER OR TOWER LIGHTING UNLESS SUCH WORK IS DESCRIBED BELOW. QUANTITY MODEL NUMBER AND/OR DESCRIPTION PLACE OP SXRVIC! MONTH LT MAINTCNANCC AMOUNT CU•T. LOC. MAINT. SHOP ORiVC• 1 —INT. SHOPPSR MAIL - IN UNIT CXTCNo•D 1 C73 LHB 1140 AR x BY 15.75 15.75 _ 9 _x.a3_jrN 110, 5 T73 RTN 3190 x 7.35 16-75 2 Johnson Portables x 6.00 12.00 4 Motorola Milor Sires x 2.50 10.00 1 C53 RXB 3126A x 20.75 20.75 2 H43 AXU 3140 SP02 x 10.75 21.50 1 B 1241 Console x 75.00 75.00 w/Q 2209 DVP 1 P 1001 BX Code Inse ter 15.00 15.00 OAT[ MAINTENANCE BEGINS Jill yr---1,--•� D979 �•l R DAT[ MAINTENANCE [NOf June 30 • 1980 CUSTOMER P.O. CUPTOM[R P.O. START DAT[ EXPIRATION DATE PAYMENT PERIOD ❑ ANNUALLY ❑ QUARTERLV �.,/J ❑ SEMI-ANNUALLY V-ONTHLY TOTAL Z 210.25 THIST■ ARGUN TOTAL IS SU•JCCT TO O.CTIONS. TO r[ COMPLETED RV STAAND LOCAL TAXING JURIS- , MOTOROLA. LABOR PARTS TAX ----.'IS eexem t TOTAL PER MONTH 1218.25 eIICT01gG1', rail MAINTENANCE _ AGREEMENT NO.. �J SALES ORDER NUMBER —� sic CODE CUSTOMER CONTACT CUSTOMER PHONE NO. • FOR ARCA OPPiCC Uba UNLT ARG/DI.T /•LCT. MARNCT COOK OAT[ R•Cf IVSD Q(� �(]� , I CUSTOM{N (L 612 L1dJ.�,ci I9SL–.JEXT• ` NUMYCR 1 PILL TO SOUIP. SPECIAL INSTRUCTIONS & AGREEMENT CONDITIONS TAG . I AT TAG Covers parts, mileage, labor on equipment that has become defective through normal wear and usage. Does not cover abuse, misuse, fire, acts of God, lightning damage, transmission line or antenna. Rim. MW 1 .. DOESTHIS MAINTENANCE AGREEMENT IIP YES. COMPLETE M.A. 1 COVER EXISTING EQUIPMENT? ❑YES [3 NO `INVENTORY AD USTMENT1 ® AGREEMENT ❑ ACRE MENADD TO IT TING C] SUPERSEDES NO. THE TXRMS AND CONDITIONS OF THIS MAINTf NANCL AGRCCMCNT ARK PRINT[O ON THIS RCVCRSU LIDO. •ffa CaFIN ITIONS ON RXVRRan SIO[. City of Hutchinson P.D. C`UUSTOMER NAME FCC LICENSEE BZ R CUSTOMER P.O. NUMBER TITLE W ITNBS ) t , DATE 1 `DAT MOTOROLA SALES/SERVICE RKPRKS9NTlqYjV6 MOTOROLA Communications & Electroniw Inc. F L J AREA OFFICE BY SERVICE MANAGER DATE WITNESS UATC I—entance) brit -Ill (612) 879-2311 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMO August 21, 1979 TO: Mayor & City Council FROM: Elden Willard, Building Official SUBJECT: Procedures to determine possible structual defects of privately owned buildings in the City of Hutchison, Minnesota. Certain buildings within the jurisdiction of the City have been inspected by myself and George F. Field, Fire Marshal, during the past year. A report has been written relative to the condition of each of the following buildings. 1. Former Wigen Building - 1st Ave. S.W. 2. Former S & L Building - Main Street 3. Building housing Mr. Buster's Cafe - Washington Avenue East It was suggested by some members of the City Council that we discuss this subject with the City Attorney for his opinion of how to proceed with follow up and enforcement. M.D. Schantzen, City Attorney, recommended the City enlist the services of a structual engineer to make a structual examination of the above - referenced buildings and submit a report of his findings t13 the City Council for review. I have checked with an engineering firm relative to estimated cost for such services and depending on the size of structures and amount of work involved to make determination, ball park figures of $2,000 to $10,000 per building, were given as an average. I have contacted the owners of two of the buildings, being unable to contact the owner of one, and they have indicated no objection to such examination being made. I recommend you discuss this issue and take whatever action you deem appropriate. Respectfully, CITY OF HUTCHINSON 2 E16--'n' Willard Building Official pv CC: M. D. Schantzen, City Attorney Gary D. Plotz, Adm. Asst. Marlow V. Priebe, City Engineer George F. Field, Fire Marshal s c. (612) 879-2311 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 August 22, 1979 TO: Mayor and City Council FROM: Building Official - Elden Willard SUBJECT: Move Building Mr. Bennett Schaeffer, Manager of Cenex Oil Association, Hutchinson, Minnesota, has requested your permission to move a warehouse building, (see attached pictures), from its present location near the former service station on 3rd Ave. N.W.; Part of Lot 1 & Lots 2 & 3, Block 28, North 1/2 City of Hutchinson. Having inspected this building, it is my opinion, the structual frame of the building above ground does not appear to have structual failures, although there are some waves in the roof line. I suggest these are caused by failure of the foundation due to signs of settling in some areas. Relocating the building on new constructed foundation as proposed, I believe will correct the plumb & square lines. The building is proposed to be moved to_a site south of the new existing Cenex office building, same property, Hwy. 7 West, (see attached pictures), Lot 11, Block 1, Rolling Oaks Addition. I would recommend your approval for Mr. Schaeffer to relocate this building with the following stipulations: 1. Construct new footings, foundations and floor as for a new building of like design and provide sill plates and anchoring equivalent to that required by the Building Code. 2. Submit two sets of plans ans specifications of proposed construction and site plans to this office for review on application for a moving and building permit. 3. Paint exterior of building. 4. Replace, repair or strengthen all weak or defective materials. 5. Designate specific areas of the building indicating the amount and kinds of materials to be stored and any other proposed use of the building, (a floor plan drawing). Consideration of this request is appreciated. Respectfully, CITY OF HUTCHINSON CIAVA-11,-ii llard Building Official pv cc: Gary D. Plotz Marlow V. Priebe George F. Field Rufus Alexander Bennett Schaeffer lr—elel�' i , i li,4 loe .5- 6 d -S* / T -':e 0 August 28, 1979 Mayor Black and Council Members City of Hutchinson Hutchinson, MN. 55350 Dear Mayor and Council Members, We hereby request the City of Hutchinson to consider installing street lights on Stoney Point Road. Since the sidewalk has been installed, many people will be using the sidewalk in the evenings to attend functions held at the high school. Also, during the past, people have used this street for parking while attending functions at the high school and it is very dark for them when returning to their cars. Sincerely, M�. g�'o Qja1 c Mr. & Mrs. James M. Olsen 315 Stoney Point Road Hutchinson, MN. 55350 r° REVENUE REPORT Description GENERAL FUND TAXES LICENSES PERMITS & FEES INTER -GOVERNMENT REVENUE CHARGES FOR SERVICES FINES & FORFEITS MISCELLANEOUS REVENUE CONTRIBUTIONS FROM OTHER FUNDS REVENUE FOR OTHER AGENCIES WATER & SEWER FUND WATER & SEWER UTILITIES CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY, 1979 Current Month $0,000,000.00 Adopted Budget $0,000,000.00 Year to Date Amount $0,000,000.00 Remaining Balance $01000,000.00 Percentage Used 204,374.72 388,424;00 225,879.90 162,544.10 58.2% 61.00 10,725.00 11,552.01 ( 827.01) 107.7% 5,995.43 29,500.00 20,803.38 8,696.62 70.5% 202,841.46 923,541.00 363,985.18 559,555.82 39.4% 119,477.88 224,113.00 208,268.06 15,844.94 92.9% 1,707.50 12,721.78 00 1,346.55 $ 548,526.32 $ 51,183.48 20,000.00 50,000.00 287,000.00 300.00 $1,933,603.00 $ 560,600.00 14,896.50 56,936.36 257,311.55 2.752.04 $1,162,384.98 $ 349,554.42 5,103.50 (6,936.36) 29,688.45 (2,452.04) $ 771,218.02 $,211,045.58 74.5% 113.9% 89.7% 917.3% 60.1% 62.4% CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY, 1979 EXPENSE REPORT Current Adopted Year To Remaining Percentage Description Month Budget Date Amount Balance Used $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 % GENERAL FUND MAYOR & COUNCIL 4,232.58 16,350.00 13,197.84 3,152.16 80.7% ADMINISTRATIVE ASSISTANT 3,953.53 41,772.00 26,172.51 15,599.49 62.7% ELECTIONS 19.50 5,901.00 50.07 5,850.93 .8% CITY CLERK 7,881.77 129,909.00 75,214,53 540694.47 57.9% MOTOR VEHICLE 2,477.99 30,473.00 18,417.41 12,055.59 60.4% ASSESSING 00 12,500.00 6,250.00 6.250.00 50.0% LEGAL 1,130.55 13,749.00 "9,184.20 4,564.80 66.8% PLANNING 65.55 2,000.00 1,977.24 22.76 98.9% CITY HALL 1,573.78 27,260.00 15,718.30 11,541.70 57.7% OLD ARMORY 1,002.03 21,151.00 10,522.96 10,628.04 49.8% POLICE DEPT. 28,617.69 366,906.00 22911888.14 137,017.86 62.7% FIRE DEPT. 6,611.07 57,100.00 19,728.85 37,371.15 34.6% COMMUNITY SERVICE OFFICER 1,293.59 17,864.00 9,993.60 7,870.40 55.9% PROTECTIVE INSPECTIONS 3,665.62 45,586.00 26,724.47 18,861.53 58.6% CIVIL DEFENSE 00 800.00 361.00 439.00 45.1% SAFETY COUNCIL 00 250.00 00 250.00 -- ENGINEERING 8,562.99 101,069.00 57,576.30 43,492.70 57.0% STREETS & ALLEYS 16,631.15 210,528.00 136,024.30 74,503.70 64.6% EXPENSE REPORT CONTINUED Description MAINTENANCE ACCOUNT -STREET CONSERVATION OF HEALTH LIBRARY RECREATION CIVIC ARENA PARK DEPT. CEMETERY DOWNTOWN DEVELOPMENT DEBT SERVIC E AIRPORT TRANSIT UNALLOCATED GENERAL EXPENSE HRA FIRE MARSHALL WATER & SEWER FUND WATER & SEWER OPERATIONS -ADM. WATER PLANT OPERATIONS SEWER PLANT OPERATIONS Current Month $0,000,000.00 3,971.34 00 279.91 15,986.96 1,706.99 31,331.70 1,424.27 6,083.28 00 2,942.87 2,615.47 24,089.48 1,719.55 1,666.01 $ 177,536.41 18,867.75 5,906.91 8,494.56 $ 33,269.22 Adopted Budget $0,000,000.00 56,000.00 300.00 40,172.00 61,705.00 57,045.00 175,785.00 23,649.00 15,700.00 38,750.00 45,345.00 36,976.00 253,843.00 00 26,165.00 $1,932,603.00 649,366.00 56,100.00 100,400.00 $8050866.00 Year to Date Amount $0,000,000.00 32,701.33 00 29,238.72 55,170.82 32,886.78 98,860.91 11,890.10 22,296.80 9.0170.00 27,566.22 19,311.71 87,499.36 12,978.26 15,895.53 $1,112,468.26 311,645.27 27,392.97 112,393.33 $451,431.57 Remaining Balance $0,000,000.00 23,298.67 300.00 10,933.28 6,534.18 24,158.22 76,924.09 11,758.90 (60596.80 ) 29,580.00 17,778.78 17,664.29 166$43.64 ( 12,978.26) 10,269.47 $ 820,134.74 337,720.73 28,707.03 ( 11,993.33) $354,434.43 Percentage Used 58.4% 72.8% 89.4% 57.7% 56.2% 50.3% 142.0% 23.7% 60.8% 52.2% 34.5% 999.9% 60.8% HUTCHINSON COMMUNITY HOSPITAL BOARD OF DIRECTORS MELTING JULY 17, 1979 SMALL BASEMENT CONFERENCE ROOM PRESENT: Jim Joyce, Pnes.ident; Tu"tee�s - Vi git Goebet, Rev. David Natw.ick, Ken GAuenhagen, Joan Ewa.Ld OTHERS PRESENT: Ph.iti.p G. GRaves, Adm.i.n i6tAatA; w.i PtaAd H. Rosenow, Ass.t6tant Adm.ini,6tnatoA, DaAvi n Cta.u6en, Di)LectoA o6 Non-Medicae SeAv.ice6 ABSENT: NoAah Muttan, SecAetary; DA. Thoma -6 P. Ue i.nkau6, Ch.ie6 o6 Stabs, Roti ie Ba.tke, Vice PAesident The meeting was caned to ondeA by PAe6.ident Joyce at 5:50 P.M.. Motion by Natw-ick to appuve minutes o6 6/19/79 meeting. Seconded by GAuenhagen. Att weAe .in bavoA. Motion passed. GAavu Aev.iewed the 6tati�sticat Aepo)rt. The patient census has exceeded 70% occupancy the 6iut hath o6 the year, with an aveAage .Length o6 stay o6 5.4 days . Motion by Goebet to appAove and authorize 6oR payment the attached tinting ob accountis payable .in the amount ob $246,376.59. Seconded by GAuenhagen. f Att in 6avoA. Motion pa66ed. t Reviewed the 6,inanciat tepoktz. Operating Revenue and expense Aemain6 ceobe to budget. Reviewed Medical Sta66 Minutes, Mental Hearth Unit Repojct, NwLzi.ng DiAectoA and Education Cooh-dinatoA RepoAt6, and Aux itivAy M%.nute6. Motion by Natw.ick "In behaf-6 ob the Hosp-ctat BoaAd-to extend congnatueation6 -to Jane Lien .in Aecognition ob hen achievement o6 being appointed to the Advi ony Committee on Nmz ing Education o6 the Minnesota H.igheA Education Coond.inating BoaAd." BoaAd 6 ecAetaAy , ,cls to dAa6t a ZetteA to Mu. Lien conveying the BoaAd'6 intent%on6. Seconded by Goebet. Att .in bavoA. Motion was pcu66 ed. Motion by Natw.ick that the Board bechetary dra6t a .LetteA o6 thank you to the Hobp-ctat Auxc.P,i.cAy bon thei& g.i6t o6 $2500.00 to be uzed bpeci.6-i.caLLy 6oA education purpo6e6 .in the new Patient Education Suite in .the M-edicat 066.ice Buitd.i.ng. Seconded by Goebet. Att .in bavoA. Motion passed. NEW BUSINESS A. Motion by GAuenhagen to accept theanecommendation o6 the Medica. Sta66 and grant emergency room pA.i.viteges to DA. George Edeburn, a bounth year med.icae student. Seconded by Natwick. Att .in 6avoA. Motion pa6sed. B. Tnand4eA 6w,itch on geneAaton. Much di,6cu6b.ion botLowed concelcni.ng a po66.ibte panaf-tet wiA ing 6 y6tem, b ypa66 , attelcnat e gene ca toA, and hook up, batteAy pack, etc.. A butt evatuation ob the hospc tat emergency geneAati.ng etec-tAicaQ system is to be completed and a Recommendation presented at the next BoaAd ob Di&ectoAs Meeting. Page 1 o6 3 qj-, C. Podiata,i6t - Motion by Gruenhagen to request the hosp,c tat adm.uw6.tAaton to d iAect a t e tteh to DA. Richard Con�stanis asking h i.m to rea 6 siAm hi -s app2i.cation bon medical 5ta66 pAri-vx�eges .in the oAea o6 Podi.atAy. Seconded by Goebel. All .in Savors. Motion puled. D. D. Auxushex San Co66ee Shop. Motion by Natwick to authon.ize purchase o6 a hot wate& dZzhwazh.ing machine in the amount o6 $1800.00. Seconded by Goebel. AU .in 6avox. Motion pa6b ed. E. Joint meeting with GZeneoe Ho,6p-c tat Board. Ho.6p,c tat Adm.indst.ator to .bet a date that wilt accomodate the ma1oAity o6 the board membeu . P. yearly Audit. Motion by Natwick to accept the 6.inancc,ae audit o6 Thouen, Campbell, Rolando and Lehne, CPA 6ixm as pn"ented Son the year ending DecembeA 31, 1979. Seconded by Ewald. Att .in 6avor. Motion passed. G. Copy machine. Motion by Natwick to authorize adm.iniztAator to setect and .lease a copieA suitable Jon the needs o6 the hozpc tat. Seconded by Goebel. AU .in 6avox. Motion passed. H. Hospital Beds (EtectAic). Motion by Natwick to authorize purchase o6 eight (8) elee to i c bed,6 with component6 as dens en ibed onquotation 6oxm Jrom Boxy-WaAnetc HeaP-,th Products, Inc. in the amount o6 $6,436.80. Seconded by Goebel. AU in Savo&. Motion pas6ed. I. Landscaping. Motion by Gruenhagen to auth.o)Lize adm.iniztAator to advertizte box bids to tandzcape and puAchase .6ktub.6 as recommended by Harty, EY-v.ing rr Axehi tectuxat Ji m. Seconded by Goebel. Att in 6avox. Motion pa6hed. t - J. A.iA Bxhange Units. Motion by Gruenhagen to authorize purchase o6 two McQuay exhange units .in the amount o6 $1200.00. Seconded by Goebel. Att .in 6avox. Motion pass ed. K. IneAea6e Bxpendituhe Allowance. Motion by Natwick to .inc&ease Jxom $500 to $1,000.00 the amount of money the ho:5pi at administrator .is authox.ized ` to expend box a s,ingte item o 6 eap-c tat expendituAe• without prior approvat -aJ the hosp.c tat booed. Seconded by G&uenhagen. Att .in 6avox. Motion rw.6ed. Motion by Goebel to request the City' Council to modi6y the ex.usting ordinance ass PtZows. Prom: "that any s.ingfe capitat item o6 purchase o6 2,500.00 or mare .6haU 6iut be approved by the City Council. To: "that any -6 i.ngte capital .item o6 purchase o6 $70,000.00 or more zhall 6.uut be approved by the City Counci 1. Seconded by Ewald. AU in 6aovn. Motion passed. Motion by Natwick to diAect the Administrator to app&arse the City Attorney o6 the varying premium submi6z ions 6o& Mal Practice and L.iabit ty •Inzuxance cove&age 6rom St. Paul NAe and Maine Company and Argonaut Iry uAance Co, and reque,6t W azz stance .in .6otv.ing the izsue. Seconded by Goebel. Att .in Savor. Motion pass ed. Page 2o63 1� Pnezi.dent Joyce Aem.i_n.ded boaAd membe" o6 the 6iAzt meeting o6 the Long Range PXann,i.ng Committee Juty 18, 1979. 7:00 - 9:00 P.M.. A" mmbeq-s atce as [zed to be pAe�s enx i6 at aU po.66 bf-e. Motion to adjourn by NatwieFz. Seconded by GAuenhagen. AU in Gavot. Motion p",sed. The meeting wu adjouAned at 7:55 P.M. Respeet6uUy zubm.i tted, djjller--11� WittaAd H. Rossenow Assiztawt Admin,itstAatm WHR/djA i Page 3 o j 3 NoAah MutPtean, Seetcetany Boated of DiAecto" MINUTES ® REGULAR MEETING - HUTCHINSON PLANNING COMMISSION Tuesday, July 17, 1979 1. CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order at 7:30 P.M. by Vice -Chairman Huntwork with the following members being present: Bill Backen, Don Erickson, Clint Tracy, Elsa Young in addition to Vice -Chairman Huntwork. Absent were Paul Christen and Robert Otte. Also attending were Marlow Priebe, City Engineer, Bud Willard, Building Official, and Gary Plotz, Administrative Assist- ant. 2. MINUTES The minutes of the June 19, 1979 and July 2, 1979 meetings were unan- imously approved on motion by Don Erickson and seconded by Bill Backen. 3. PUBLIC HEARINGS a) CONTINUATION OF CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LARRY CORNWELL The applicant, Mr. Cornwell, has decided to withdraw his request so therefore, the hearing was closed at 7:32 P.M. on motion by Don Erickson and seconded by Clint Tracy. The motion carried unanimously. b) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CITY OF HUTCHINSON IN THE FLOODWAY The hearing was opened at 7:33 P.M. with the reading of the public hearing notice as published in the Hutchinson Leader on Friday, July 6, 1979. Due to the fact a letter was received from the Department of Natural Resources requesting engineering plans showing the quantities, elevations and location of the proposed fill materials, it was the consensus of the Planning Commission to continue the hearing at the next regular meeting on August 21, 1979 to give them time to review the plans. C) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY WILLIAM SCHIEBEL The hearing was opened at 7:50 P.M. with the reading of the public hearing notice as published in the Hutchinson Leader on Friday, July 6, 1979. There was no one present to speak against the request. A neighbor, Mr. Leslie Smith, stated he felt the safety of Mr. Schiebel's child- ren was important and had no objection. Mr. Schiebel was asked by the Planning Commission members to describe the type of fence he planned to erect. He stated a chain link fence 48" in height. 7- a Planning Commission July 17, 1979 Page 2 Mr. Huntwork felt strongly that the scaled drawing which was requested by the Planning Commission should have been presented to help the Planning Commission make their recommendation and perhaps the hearing should be continued. Don Erickson felt being the fence was chain link, it would not hinder vision for traffic in any way. Elsa Young stated this is the time of the year when children would be outdoors and felt Mr. Schiebel would appreciate if action would not be delayed any further. Marlow Priebe, City Engineer, stated the street right-of-way must be considered. Mrs. Schiebel stated the City had been out and found the stakes. The fence would be put in or on the property line. Bill Backen made a motion to close the hearing at 8:03 P.M. Seconded by Elsa Young the motion unanimously carried. Mr. Don Erickson made a motion to recommend approval to City Council if the fence is located within the property line. Clint Tracy seconded the motion and it carried unanimously. d) CONTINUATION OF CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CHARLES PEARSON The Planning Commission stated the total cost of redoing the struct- ure cannot exceed 50% of the value of the building. Mr. Powell stated that the size would not be altered in any way. A new front and a paint job was planned. Clint Tracy made a motion to close the hearing at 8:29 P.M. Second- ed by Don Erickson the motion unanimously carried. Don Erickson made the motion to recommend approval for the conditional use permit to the City Council to redo the front of the building and paint the exterior. Elsa Young seconded the motion and it carried unanimously. e) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY CHARLES PEARSON The hearing was opened at 8:07 P.M. with the reading of the public hearing notice as published in the Hutchinson Leader on Friday, July 6, 1979. Marlow Priebe, City Engineer, stated he wondered how the Planning Commission would deal with the people Nho requested to vary the applicable off-street parking in the future. It was decided that City government has the power to grant variances on the merits of the situation. Planning Commission July 17, 1979 Page 3 It was suggusted perhaps a limited amount of time to the parking be posted. Larry Sorenson, a neighboring property owner, requested that the, employees of Hutch Wholesale not park on Bluff Street as some of his customers parking would be taken away then. Z. Don Erickson made a motion to close the hearing at 8:20 P.M. Second- ed by Bill Backen'the motion unanimously carried. Mr. Clint Tracy made a motion to recommend approval of the requested variance to the City Council contingent upon the lot be striped to the specifications of the City Engineer. Seconded by Elsa Young, the motion carried unanimously. f) CONSIDERATION OF REQUEST FOR AMENDMENT TO ZONING ORDINANCE SUBMITTED BY WALTER TEICH The hearing was opened at 7:35 P.M. with the reading of the public hearing notice as published in the Hutchinson Leader on Friday, July 6, 1979. Vice Chairman Huntwork asked if there was anyone present in favor of the request. No one responded. Earlier a petition bearing eighteen (18) names of neighbors opposing the request had been presented to the Planning Commission. Mr. Huntwork asked the opinion of the Planning Commission members; Don Erickson Felt traffic would be a problem and the project was not feasible. Bill Backen ''Opposed to the idea. Elsa Young Shouldn't move and destroy what is now a beautiful area with lovely homes. Clint Tracy Felt because traffic would be a problem and a petition was presented stating objection, he would reject the idea. Vice Chairman Huntwork asked if anyone from the audience had any comments. Mr. Harold Juul stated all other directions coming into town are commercial and this area, being residential, adds beauty to the City. On motion by Bill Backen the hearing was closed at 7:45 P.M. Seconded by Don Erickson the motion carried unanimously. Elsa Young made a motion to reject the request for amendment to zoning ordinance submitted by Walter Teich. Don Erickson seconded the motion and it unanimously carried. Planning Commission July 17, 1979 Page 4 g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GOEBEL FIXTURE The hearing was opened at 8:30 P.M. with the reading of the pub- lic hearing notice as published in the Hutchinson Leader on Fri- day, July 6, 1979. Mrs. Joe Schimml, 986 Thomas Ave., read a letter stating a list of complaints of the neighboring property owners. The list in- cluded noise pollution, the loud beeper on the fork lift, traffic, loud dust collector, view, men and their language, lumber being brought in and the overhead doors being left open during all hours. She stated before the warehouse addition, Thomas Avenue was a quiet street and now semis and trucks use it all the time. There is a lack of privacy as there is no screening and they have a loss in property value. She requested the Commission inspect the area and use the assist- ance of the State Pollution Control Agency in regards to the noise. Mrs. Donald Hartwig, 976 Thomas Ave., said they were told screen- ing would be put in and it has not been done. She also had a tape recording, which was played for the Planning Commission, taken inside her home of the noise they hear all the time. Mr. Goebel of Goebel Fixture said the noise on the fork lift will definitely be taken care of. It was felt that a screening fence of 12' to 15' would be necessary. Mrs. Carolyn Pohlen, 975 Thomas Ave., asked if the truck traffic couldn't be regulated. Marlow Priebe stated this would have to be done by the Chief of Police and the City Attorney. Joe Schimml, 986:Thomas Ave., asked Mr. Goebel if he would be hiring more employees and if he had sufficient parking. Mr. Goebel stated there would be more hired, however, he had ample parking. Mrs. Schimml gave the suggestion Mr. Goebel furnish picnic tables for the employees and put them South of his building. Elsa Young made a motion the hearing be continued contingent upon staff investigating the noise levels, the traffic on Thomas Ave., and a sound barrier be erected after it has been determined the kind of barrier necessary. Bill Backen seconded the motion and it carried unanimously. Planning Commission July 17, 1979 4. NEW BUSINESS Page 5 a) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LARRY SCHANZENBACH/MICHAEL D. OLESON Mr. Schanzenbach and Mr. Oleson were both present with a site plan of a proposed Taco John's restaurant to be located on the corner of Hwy # 7 and James Street. They stated by the next meeting they would have the building plans ready for reviewal. Don Erickson made the motion to set a public hearing for August 21, 1979. Bill Backen seconded the motion and it carried un- animously. b) CONSIDERATION OF REQUEST FOR PRELIMINARY PLAT SUBMITTED BY DENNIS ALBERTSON (PADEN FIRST ADDITION) Mr. Curt Bradford representing Mr. Albertson presented plans for the preliminary plat of Paden First Addition. After discussion concerning the matter of drainage, Bill Backen made a motion to set a public hearing for August 21, 1979. Seconded by Don Erickson the motion unanimously carried. c) DISCUSSION OF BUILDING AN OFFICE BUILDING IN AN R-2 ZONE (TOM DOLDER) Mr. Tom Dolder stated he would like to build an office building on the corner of Franklin and Hwy # 15. He had with him a form signed by some of the neighbors stating they had no objection to this being done. This area is zoned R-2 so therefore, a building of this type cannot be built there. Since changing the zoning for a single lot is against state law, it was decided perhaps the Coke Plant would also like to be re- zoned and then it would be more than one lot. It was decided Mr. Plotz, Administrative Assistant, should contact the City Attorney on this matter. 5. MISCELLANEOUS DISCUSSION a) REVIEWAL OF PLANNING COMMISSION'S BY-LAWS The item in question was who had the authority to call special meetings. It was determined after reviewal of the by-laws, that all special meetings should be called by either the Chairman or the Vice -Chairman. Hutchinson Planning Commission Page 6 July 17, 1979 b) NEW FORMS AND PROCEDURES Administrative Assistant, Gary Plotz, informed the Planning Commission members he had contacted some other cities to see how the paperwork prior to public hearings was handled. Included were Glencoe, New Ulm, and Owatonna. Mr. Bob Otte had previously talked with Mr. Plotz about the procedures of Mill Lacs County and in all instances, with the exception of Glencoe, the City had a full time Zoning Administ- rator. It was the consenus of the Planning Commission members they should all think about it before taking any further action. 6. ADJOURNMENT There being no further business to come before the Commission at this time, the meeting was adjourned at 10:28 P.M. on motion by Elsa Young and seconded by Clint Tracy. The motion carried unanimously. MINUTES SPECIAL PLANNING COMMISSION MEETING Tuesday, July 31, 1979 1. CALL TO ORDER The special meeting of the Hutchinson Planning Commission was called to order at 12:05 P.M. by Chairman Christen with the following members being present: Donald Erickson, Dan Huntwork, Robert Otte and Clint Tracy in addition to Chairman Paul Christen. Absent: Bill Backen and Elsa Young. Also attending were Administrative Assistant, Gary Plotz and City Engineer, Marlow Priebe. 2. NEW BUSINESS a) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY "RIVERSIDE PROPERTIES" (the former Medical Center) Mr. Robert Otte explained the circumstances which include the sale of the property providing a Conditional Use Permit is issued to allow remodeling for office space, some of which will be rented and approximately half of which they themselves will use. Mr. Clint Tracy made a motion to set a public hearing for Aug. 21, 1979. Seconded by Dan Huntwork, the motion unanimously carried. b) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LAVERNE WYLIE Mr. Plotz, explained the Wylie's wished to add a patio to the garage and since the garage is non conforming to the present zoning ordinance, a conditional use permit is necessary. Mr. Dan Huntwork made a motion to set a public hearing for August 21, 1979. Bob Otte seconded the motion and it carried unanimously. At this point in the meeting, Mr. Rufux Alexander of Hutchinson Utilities, explained to the Planning Commission their plans to build a building about 200 feet from their main office building. The building would be used for mostly cold storage. Lubricating oil would be stored in this building also, so a sprinkler system may"be needed. If so, they would probably consider an underground system which would cost around $12,000. It was the consensus of the Planning Commission members that both a variance and a conditional use permit would be in order. Mr. Dan Huntwork made a motion to set the public hearings for August 21, 1979. Seconded by Don Erickson the motion unanimously carried. The Planning Commission then discussed the subject of changing the procedure preceding a Planning Commission meeting. It was decided to establish a deadline of three weeks before the date of a hearing for an application to be processed. Staff would have the authority to set a public hearing, therefore speeding up the process. II- e. Planning Commission July 31, 1979 Page 2 All Planning Commission members should receive their packets two weeks before the meeting. It was decided this procedure will be done on a trial basis until the first of the year. 3. ADJOURNMENT There being no further business to come before the Commission at this time, the meeting was adjourned at 12:50 P.M. on motion by Dan Huntwork and seconded by Bob Otte. The motion carried unanimously. C C MINUTES "SENIORS ACTIVITY CENTER" ADVISORY BOARD TUESDAY, AUGUST 7, 1979 i The "Seniors Activity Center" Advisory Board met Tuesday, August 7, 1979 in the Old Armory with Emma Lake presiding. Present were: Emma Lake Erna McKenzie JoAnn Gehlen Joan Phillips Norine Riesberg Ralph Bergstrom Tom Stibal Bruce Ericson Don Falconer The minutes of the July 10, 1979 meeting were read and approved. The Treasurer's re- port was read and approved. There were expenses of $57.24 during the month, leaving a balance of $122.45 on hand. A motion was made to try once again for a game with the Tee Ball team sponsored by the Advisory Board at 4:00 P.M. on Sunday, August 12, 1979, conditions permitting. Bruce Ericson asked if the Board would wish to have a refreshment stand at the State Softball Tournament on August 19, 1979. Tom Stibal was appointed to look into the possibility of operating said stand. JoAnn Gehlen reported that all arrangements were made for a street dance for seniors on Monday evening, August 13, 1979, in front of the Armory, with permits, invitations to surrounding groups and music being arranged. The Board would serve lunch of cake, coffee, floats and ice cream. Plans were made for the monthly Bingo Party on Friday, August 17, 1979. Emma Lake reported the plans for the County Seniors Picnic at Gopher Campfire Grounds on August 8, 1979 were complete. Watermelons were suggested to be served instead of sweet corn which is not ready. A motion was made to that effect. The next meeting will be held at 9:30 A.M. at the Old Armory on Tuesday, September 4, 1979. The meeting adjourned at 10:30 A.M. Respectfully submitted, Norine Riesberg, Secretary 7- d-1 30 days of the receipt of the report of the Planning Commiss- ion, grant or deny the conditional use or refer the matter back to the Planning Commission for further consideration. The City Council shall not grant a conditional use unless it finds that the standards of Section 8.09 of this Ordinance have been satisfied. Any proposed conditional use (includ- ing application for a Planned Development District) which fails to receive the approval of the majority of the members of the Planning Commission voting upon it shall not be passed except by a favorable vote of two-thirds of all of the mem- bers of the City Council. A copy of all decisions granting a Conditional Use Permit in the Floodway or Flood Fringe Districts shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. (Amend. 8-18-76) 7. A conditional use permit shall be valid for a period of six (6) months, (except when issued specifically for a Planned Development, in which case the period of validity shall extend to eighteen (18) months), after which the some shall be revoked in the event that any proposed construction, alteration or operation has not been started in accordance with the terms of such permit. (Amended 8-18-76) 8. A conditional use permit shall be issued only to the appli- cant, and is non -transferable in the event of a change in property or control, or for any other reason. (Amended 8-18-76) 6.08 PUBLIC HEARINGS. A. Setting of Hearings. For all requests brought before the Zoning Board of Appeals or the Planning Commission for which a public hearing is required by this Ordinance, the body in charge of con- ducting the hearing shall select a reasonable time and place for the public hearing on the request, or delegate such authority to City Staff. B. Notice of Hearing;. Notice of public hearings shall be given not more than 30 days and not less than 10 days before the hear- ing by publication at least once in one or more newspapers of general circulation in the City of Hutchinson. Such notice shall include the time and place of the hearing, a description of the contents of the request to be heard, and the address or location of the property to which the request applies. In addition to the general notice to the public, separate notice by letter shall be required for all property owners residing -38- D. O. COMER (1914-1967) RONALD J. McGRAW NEIL J.JENSEN, ASSOCIATE PATRICK J. FLYNN, ASSOCIATE Mr. Gary Plotz City Administrator City Hall Hutchinson, Minnesota Dear Mr. Plotz: R. J. MCGRAW. P.A. ATTORNEYS AT LAW P.O. BOX 98 CITIZENS BANK BUILDING TELEPHONE HUTCHINSON, MINNESOTA 553SO 612-879-8021 55350 August 20, 1979 ,,��-619202�223 �e 4 a AUr, 1979 N CV �riftor N Re: Trails End, Inc. *CzV This office represents Trails End, Inc., a Minnesota corporation doing business in the City of Hutchinson as a car dealership. On behalf of Trails End, Inc., the City Council is requested to issue a special permit pursuant to Hutchinson Ordinance 600:00 for parking on the City boulevard. The enclosed map indicates the area for which the special permit is requested. Please note that the sidewalk is not obstructed by the use requested by Trails End, Inc. Please advise me if you anticipate that there will be a problem in obtaining this special permit. Yours very truly, . P. J. Flynn PJF : j mh Enc. 5-1 � � I �i�L'�/�✓i231� �,lL: %1?itit/�'�� lr�%c��,Y Lit} I; (612) 879-2311 CITY OF HUTCHINS0N 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 5 350 M E M O R A N D U M DATE: August 23, 1979 TO: Hutchinson City Council FROH. Planning Commission SUBJECT: Conditional Use Permit - Submitted by City of Hutchinson --------------------------------- Pursuant to Section 6.07, C.5, of Zoning Ordinance No. 454, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for conditional use permit. HISTORY On June 14, 1979 an application for a conditional use permit was filed by the City of Hutchinson to allow the deposit of fill in McDonald's Park located in the floodway. At a special meeting held on July 2, 1979 a public hearing date was set for July 17, 1979. At this hearing City Engineer, Marlow Priebe presented a letter received from the Dept. of Natural Resource requesting engineering plans of the proposed fill materials. It was decided to continue the hearing until August.21, 1979 to allow these plans to be reviewed. FINDINGS OF FACT 1. The required application was submitted. 2. Notices were mailed to the surrounding property owners as well as published in'the Hutchinson Leader on Friday, July 6, 1979. 3. Since this property is located in the floodway, a conditional use permit is necessary. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted. Respectfully submitted, Paul Christen, Chairman Hutchinson Planning Comm. (612) 879-2311 iILIrrhF CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 23, 1979 TO: Hutchinson City Council -------------------------------- FROM• Planning Commission -------------------------------- SUBJECT: Conditional Use Permit - Submitted by Goebel Fixture Co. Pursuant to Section 6.07, C.S, of Zoning Ordinance No. 454, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for conditional use permit. HISTORY On July 3, 1979 an application for a conditional use permit was filed by Goebel Fixture Company to allow light manufacturing and storage of wood and wood products in the present warehouse.. At a special meeting of the Planning Commission on July 2, 1979 a public hearing date was set for the regular meeting date of July 17, 1979. At the public hearing many neighboring property owners appeared with complaints of noise, lack of privacy and increased truck traffic. It was decided to continue the hearing at the next regular meeting of August 21, 1979. FINDINGS OF FACT 1. The required application was submitted by the property owner and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Friday, July 6, 1979. 3. Since the building was built with the intention to be used as a ware- house, a conditional use permit must be granted before the building can be used for light manufacturing. RECOMMENDATION It is the recommendation of the Planning Commission to approve the request for a conditional use permit contingent upon 1) a 12' high appropriate sound barrier be constructed as agreed upon, 2) noise levels not increase in the future beyond levels measured after the barrier is complete, and 3) the City take action necessary to keep truck traffic off Thomas Ave. Respectfully submitted, Paul Christen, Chr. q-0, Hutchinson Planning Comm. (612) 879-2311 -1HUT111�1 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 5 350 M E M O R A N D U M DATE: August 23, 1979 -70: Hutchinson City Council FROM: Planning Commission -------------------------------- SUBJECT: Preliminary Plat submitted by Dennis Albertson for Paden --------------------------------- First Addition Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for preliminary plat. HISTORY On July 10, 1979, Mr. Dennis Albertson filed an application for a preliminary plat to be known as Paden First Addition described as a tract of land being the North half of SE Quarter of the NE Quarter, Section 12, Township 116 North, Range 30 West, McLeod County, Minn. At the regular meeting of July 17, 1979 a public hearing date was set for August 21, 1979. No one was present to speak against the re- quest. FINDINGS OF FACT 1. The required application, plat maps and appropriate fee were sub- mitted. 2. Notices were mailed to surrounding property owners and a public notice was published in the Hutchinson Leader on Friday, August 10, 1979. 3. It was noted this area will be zoned commercial once annexation is complete. RECOMMENDATION It is the recommendation of the Planning Commission to recommend approval of the request for preliminary plat Paden First Addition. Respectfully submitted, n, Paul Christen, Chr. —. Planning Commission (612) 879-2311 H % CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August -23,-1979 TO: _ —Hutchinson City Council_ FROM: Planning Commission SUBJECT: --Conditional Use Permit _ Submitted by Larry Schanzenbach/Mike Oleson "Taco John's" Pursuant to Section 6.07, C.5, of Zoning Ordinance No. 454, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for conditional use permit. HISTORY On July 9, 1979 an application for a conditional use permit was filed by owners Larry Schanzenbach and Mike Oleson to allow a "Taco John's" rest- aurant in .a non -conforming building. At the regular meeting on July 17, 1979 a public hearing date was set for August 21, 1979. FINDINGS OF FACT 1. The required application was submitted by the property owner and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Friday, August 10, 1979. 3. Since the building is already non -conforming, a conditional use permit is necessary.- RECOMMENDATION ecessary.- RECOMMENDATION It is the recommendation of the Planning Commission to approve the afore- mentioned request for a conditional use permit. Respectfully submitted, Paul Christen, Chr. Hutchinson Planning Comm. (612) 879-2311 HUr�H;. CITY OF HUTCHINSON r >' 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 23, 1979 To: __Hutchinson City Council FROM: __Planning Commission SUBJECT: _ -Conditional-Use Permit - Riverside Properties_ Pursuant to Section 6.07, C.5, of Zoning Ordinance No. 454, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for conditional use permit. HISTORY On July 23, 1979 an application for a conditional use permit was filed by Riverside Properties to allow internal remodeling for offices in the former Medical Building located at 126 North Franklin Street. At a special meeting of July 31, 1979 a public hearing date was set for August 21, 1979. At this hearing no one was present showing any object- ion 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 Friday, August 10, 1979. 3. Since this buildingA s located in the flood fringe district, a cond- itional use permit is required before any repairs and/or improvements - are made to the structure. Also since this building has been vacant for a period of over six months a conditional use permit is necessary. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request be approved. Respectfully submitted,' f Paul Christen, Chr. Hutchinson Planning Comm. _ . U (612) 879-2311 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 24, 1979 To: _ _ Hutchinson City Council FROM: Planning Commission SUBJECT: Conditional Use Permit --Submitted by Laverne Wylie Pursuant to Section 6.07, C.S, of Zoning Ordinance No. 454, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for conditional use permit. HISTORY On July 25, 1979 an application for a conditional use permit was filed by Laverne Wylie to allow the addition of a patio to the garage and to add an exit from the basement. At a special meeting held on July 31, 1979 a hearing was set for August 21, 1979. Noone was present to speak against the request at the hearing. FINDINGS OF FACT 1. The required application was submitted by the property owner and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Friday, August 10, 1979. 3. Since the present bbilding is non -conforming to the present zoning, a conditional use permit is necessary. RECOMMENDATION It -is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted. - Respectfully submitted, Paul Christen, Chr. Hutchinson Planning Comm. (612) 879-2311 iff1UT1y:/ CITY OF HUTCHINSON �!37 WASHINGTON AVENUE WEST HUTCHINSON, MINN_ 55350 MEMORANDUM DATE: _ _ _ AuQust 24, 1979 _ _ _ TO: Hutchinson City Council __________________ FROM: Planning Commission__`____________`____ SUBJECT: _ _ Variance Request _Hutchinson Utilities _ _ _ _ _ _ _ _ _ _ Pursuant to Section 6.05, B.3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for variance. HISTORY On August 1, 1979 an application was submitted by Hutchinson Utilities to allow a variance for the construction of a metal building rather than concrete. At a special meeting on July 31, 1979 a hearing was set for August 21, 1979. FINDINGS OF FACT 1. The required application was submitted with the appropriate fee paid. 2. Notices were mailed to the surrounding property owners and published in the Hutchinson Leader on Friday, August 10, 1979. 3. It was the consensus of the Planning Commission the color of the metal building should blend with the present concrete building. RECOMMENDATION It is the recommendation of the Planning Commission to approve the request provided an attempt is made to blend the color of the new building with the existing building. Respectfully submitted, Paul Christen, Chr. Hutchinson Planning Commi. (612) 879-2311 ;'fHUTIW# CITY OF HUTCHINSON �!37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: _ _ _ Aujust 24, 1979 _ _ _ _ To: _ _ Hutchinson City Council _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ FROM: Planning Commission____________________ SUBJECT: _ _ Conditional Use Permit _Submitted by Hutch Utilities _ _ Pursuant to Section 6.07, C.S, of Zoning Ordinance No. 454, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for conditional use permit. HISTORY On August 1, 1979 an application for a conditional use permit was filed by Hutchinson Utilities to allow the storage of combustible materials in a warehouse. At a special meeting held on July 31, 1979 a hearing date was set for August 21, 1979. At the public hearing no one was present to speak for or against this 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 Friday, August 10, 1979. 3. Since the storage of combustible materials is planned for this building, a conditional use permit is required. RECOMMENDATION It is the -recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted contingent upon the build- ing be built according to fire code specifications. Respectfully submitted, Paul Christen, Chr. Hutchinson Planning Comm. RETAIL "ON SALE" $150.00 estate of 01inneota, couxTY OF.._... McLeod _ _ _ City pgµ Hutchinson ,.._ To the........ city council ...........................of the........ cty....................of...Hutchinson................. .,. ..........................................................................................State of Minnesota: Brad Larson and Larry Stenmark hereby appl.Y.._.-for a license for the term, of...._._.... 8 months frons the._ .1st _._ _ . _day of._ _. - ltS � — __..._. . _ _., 19-D, to sou At Retail Only, Non -Intoxicating Malt Liquors, as the same am defined by law, for consumption 'WS' those certain, premises in the..... ..._ ..._ _._.._..........__ _ City Hutchinson described as follows, to -wit:-._._...._ _ --�-- Hutch Bowl, Inc. Highway 7 West at which place said applicant ..... operate ...... the bueinm of_........ bowling alley _ _ ,,,,, and to that end represent._ -and state... -as follows: That said applicankq.-AKe ......................_.oitizen9.......of the United States; of food moral character _. and repute; and hamne....... attained the afe of 21 years; that........ . said ...... _..proprietorti._..of the establishment for which the license will be issued if this application is Frantrd. That no manufacturer of such non -intoxicating malt liquors has any ownership, in whole or b& pari, In said business of said applimnt......ar any interest therein; That said appUcant...._mahe...... this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and repaations of applicable thereto, which are hereby made a part hereof, and herby aPee._...too observe and obeli the same; ... .._ r .......... _— .. __ __.... (Hem state othergement..!! .a7, o! local resal.sims) a Y This license also includes the off -sale license.01 v A 00� Each applicant further states that he is not now the holder of, nor haf hs made application for, nor does he intend to make application for a Federal Retail Dealer's Speoial tai stamp for the sale of i "loatin$ liquor. —r,#- t( r,r t( �......-». .... Fum 281— A pphratiou for Lj cc n- to tell 019, 1 :0 1 (C6aptrr 3N2, Law, of 1951 ratate of City Hutchinson Iffliuntgotap of . .. .... County of............ McLeod .4pplization, No. .. .......... .......... .. ............. Application for License to Sell Cigarettes at Retail The undersigned resident .... of the ........ - .... . ... City ................ of . ......... Hutchinson . .. .. . .................................. . i7Z the COU77.ty Of McLeod..... , ......... ................... , State of Ninnesota, HEREBY Jf.4KE APPLrC.4- Brad Larson and Larry TIOXFOR LICENSE to be issued to ................. ............. .......................... ..... . ....S.tenm.a.rk .............................................................. to sell cigarettes and cigarette papers and wrappers at retail at.........,Hutch , Hutc .h Bowl,jqg, . . ....................................... Highway 7 West .. ................ ............... ............ .......................................... .. ............... . ........ .. ... . . . . . . ... .................................................................... City I in the .. . ... ..... .. ........... ... .. ... ..... ........... Hutchinson . ....................... in .................................. said county and state for the term of ... months .. ...... . .. ... ......... I be inning with the .......... 144:. day of ....... Sg tember .... ............................... 19 79 , subject to the laws of the State of.Minnesota and the ordinances and regulations of said City Hutchinson . ....... . ......................................... Of .......... ..................... ....... ...... ...... I .... .... .............. . pertaining thereto, and herewith deposit ... $ 5,00 .. . . ... ......... .... e fee therefor. Dated.................. .......... ........... ........ 19............ )(I . ................ ... ...................................................................... ...................................................................... .. ................................................. (612) 879-2311 i1UilH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HOTr,HINSON, MINN. 55350 M E M O R A N D U M DATE: August 28, 1979 TO: HONORABLE MAYOR AND CITY COUNCIL and GARY PLOTZ, ADMINISTRATIVE ASSISTANT FROM: GEORGE FIELD, FIRE MARSHAL RE: FIRE ALARM CORRECTION - REQUEST FOR VARIANCE FROM UNIFORM FIRE CODE BY SCHOOL DISTRICT 423 1. In the formal request for a variance, it is stated that the school is in compliance with the Uniform Fire Code. That statement is incorrect. You have copies of my correspondence to and from them earlier this year and last year. 2. Undue Hardship: I cannot agree, because my original request for this was dated July 20, 1978 and I was informed that the system would be budgeted this year (1979). Also I have a copy of a bid from Electro Watchman, Inc., dated December 5, 1978, addressed to Brian Buchmayer, with a bid cost installed per school unit of $315.00. 3. Variance request has no specified time. 4. Variance request is not valid; it is not signed. 5. I have no choice but to cite each school unit if school opens as scheduled August 29, 1979. This is the opening of school in Fall, 1979, as stated in my Order dated June 6, 1979. 6. I would like to contact the LEADER and KDUZ so the public knows the facts as I have them documented. If you have any questions, please call on me. Respectfully, 4 • '5e F.reld Fire Marshal Copy: Lloyd Schlueter, Fire Chief ,.rUt FRED N. PETERSON, JR. PETER S. POPOVICH JAMES E. KNUTSON JOSEPH E. FLYNN PAUL W.HETLAND ROBERT A. HUGHES PAUL C. RATWIK THOMAS V. BENDER JOHN M. ROSZAK THOMAS M. 81PKIN8 THOMAS S. DEANS PATRICIA A. MALONEY LAW pOFFICE �j PEtETW12, �0�2ovLL'i2, _Wnution �.,' � nn. PROFESSIONAL ASSOCIATION 314 MINNESOTA BUILDING SAINT PAUL. MINNESOTA 55101 612.222-5515 PETffRSON a POPOVIrN I SA'7 August 24, 1979 Mayor and City Council City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 1 % N AU -q9 w REC a..rsf U7 IN � C\d BY ... ............ _..... _ a~� Re: Application for a Variance From the Uniform Fire Code Dear Sirs: Enclosed please find a formal application of the Hutchinson School District for a variance from the Uniform Fire Code as to installation of an automatic alarm signalling system. This application has been placed on the agenda for the meeting of Tuesday, August 28, 1979. Mr. Brian C. Buchmayer, Director of Business Affairs, will be available to answer any questions the members of the Council may have. If you have any questions concerning this application, please do not hesitate to call. Sincerely, Joseph E. Flynn JEF:PAM: kj Enc. cc: M.D. Schaatzen, City Attorney Superintendent E. Dale Birkeland Brian C. Buchmayer, Director of Business Affairs APPLICATION FOR A VARIANCE FROM THE UNIFORM FIRE CODE APPLICANT: Hutchinson Public Schools Independent School District No. 423 30 Glen Street North Hutchinson, Minnesota 55350 BUILDINGS INVOLVED: Junior -Senior High School, Roberts Road Elementary School, 100 Glen Street South Crow River Cooperative Center, 980 2nd Avenue S.E. To the Mayor and the City Council: Application is made for a variance from the Uniform Fire Code, Sections 6-3811 and 6-3812, which states as follows: "6-3811. An alarm signaling system shall be so arranged that the normal operation of any required alarm initiating device will auto- matically transmit an alarm to the Municipal Fire Department or to such other outside assistance as may be available. 6-3812. An alarm signaling system may be connected to the Municipal Fire Department by: (a) Direct connect by remote station system. (b) Auxiliary connect by municipal alarm system. (c) Alarm transmission by an approved central station system." The School District does not have an automatic alarm signaling system in the schools listed above. This application is made on the following grounds: 1. The School District has substantially complied with the uniform fire code. The School District has fully complied with the require- ments of the uniform fire code as to methods and materials of construction, location and condition of all doors and exits, and conduct of fire drills. Furthermore, the School District has substantially complied with the fire code requirements as to fire protection. 2. The students' and staff's safety is not a lack of an automatic al sianail eopardi zor system. All school buildings are equipped with a fire alarm system. The high school and elementalry school buildings do not have an alarm system which fully detects smoke or fire and activates the alarm. Therefore, the fire alarm system must be manually operated. It is necessary for an individual to first detect the fire and then activate the alarm. Current official school procedure is to have a member of the instructional staff immediately stall the Fire Department when the fire alarm rings. Compliance with the regulation by installing an automatic alarm signaling system would result in the Fire Department being notified by electronic signal rather than being directly notified by a phone call. The time difference involved between the automatic signal and a phone call is insubstantial and would not provide additional fire safety protection. In both fire alarm procedures the initiation of the fire alarm is based on people, not equipment. The lack of a smoke or fire detector makes this equipment useless when personnel are not in the building. Schools officials therefor feel that it would be more advantageous to wait and install a comprehensive fire alarm system then to install only the automatic alarm signaling system at this time. 3. Undue hardship will result to the School District District if the variance is not granted. The School District and ultimately the students of the Hutchinson School District would suffer an undue hardship if a variance is not granted. _ No funds have been budgeted in the current fiscal year for purchase and installation of the system. The School District does not have the money available to purchase this system. If the School District is required to comply in this fiscal year the funds would have to be taken from some educational program. The School Board is holding a bond election on October 22nd, 1979. Money has been appropriated from the projected bond proceeds to install a comprehensive fire alarm system which would include automatic fire and smoke detection as well as the automatic signaling device. Such a comprehensive system would increase fire protection in the buildings at all times. If the bond election is not successful, the purchase of the comprehensive fire alarm system will be considered by the school board by going through the usual channels to finance a capital improvement. -3 - WHEREFORE, Independent School District No. 423 requests: 1. That a variance be granted to the School District from Sections 6-3811 and 6-3812 of the Uniform Fire Code.; and 2. That Hutchinson City Fire Marshal's Order of June 6, 1979 be stayed pending resolution of the application for a variance. Respectfully submitted, INDEPENDENT SCHOOL DISTRICT NO. 423 cc: M.D. Schaatzen, City Attorney Superintendent E. Dale Birkeland Brian C. Buchmayer, Director of Business Affairs HUTCHINSON PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 423 HUTCHINSON, MINNESOT25350 August 15, 1979 Mr. Gary Plotz City Administrator Hutchinson, MN" 55350 Dear Gary: 6�1 �g19 �02�2c' At](;,979 s RECEIVE As you are well aware, we have been discussing the meeting of certain fire code requirements with the city fire marshall and related city officials. At our Board of Education's request we have asked our legal counsel for an opinion on the require- ments of the school district meeting those codes. I am en- closing for your reference a copy of that opinion. At the August 14 meeting of the Board of Education, direction was given to the administration to request our legal counsel that a variance request be prepared. We have so instructed our legal couns-el and are awaiting his instruction_oiVhow we proceed. In addition, the Board of Education has taken action -to call for a bond election for either October 15 or 22 for a bond issue not to exceed $9,925,000. In that proposal there is•a significant amount of money listed to provide a fire loop service at both the high school and at the newly proposed middle school. This cost alone will amount to approximately $120,000. We still have some finite details relating to formalizing the total bond issue cost because of the Board's concern about sufficient funds being available in the bond issue for taking care of much needed energy concerns. Subsequently, some - internal revisions may still take place and possibly the total dollars of the bond issue may be reduced by $100,000'-='"$200,000. Also included in this letter is a copy of the Hutchinson Leader article relating to the school district plans for building ex- pansion.. We only bring this to your attention to indicate that the school board did make an attempt to bring to the city's CENTRAL DISTRICT SERVICES AREA VOCATIONAL -TECHNICAL INSTITUTE JUNIOR HIGH SCHOOL 30 Glen Street North 200 Century Avenue Roberts Road Phone 1612) 587.2860 Phone [6121879-2321 Phone 16121587-2854 SENIOR HIGH SCHOOL CROW RIVER COOPERATIVE CENTER ELEMENTARY SCHOOL Roberts Road 980 2nd Avenue Southeast 100 Glen Street Phone 1612)597-2151 Phone 16121879-2338 Phone 1612)587-2837 EQUAL OPPORTUNITY EMPLOYER �_ e:W. August 15, 1979 Gary Plotz Page two attention anticipated plans for a building issue in the Fall, 1979. We look forward to working with your staff as we proceed to make the detailed plans and preparations for the development of this proposal. Sinc r3 ; y, E. Dal Birkeland Superintendent of Schools EDB:bn cc: D. J. Black George Field ENC. FRED N. PETERSON. JR. PETER S. POPOVICH JANIES E. KNUTSON JOSEPH E. FLYNN PAUL W. HETLAND ROBERT A. HUGIISS PAUL C. RATVJIK THOMAS V. GENDER JOHN Id. ROSZAK THOMAS M. SIPKINS THOMAS S. DEANS PATRICIA A. MALONEY LAW OFFIICCfE. L /� PELE�i� _J IO/?OUGG'i2j J`I2Z�G�Oi2 L �L�i212 PROFESSIONAL ASSOCIATION 314 NIINN�SOTA BUILDING SAINT PAUL. MINNESOTA 55101 612- 222.5515 July 18, 1979 Mr. E. Dale Birkeland Superintendent of Schools Independent School District No. 423 30 Glen Street North Hutchinson, Minnesota 55350 Dear Superintendent Birkeland: PETERSON Fs PO: ',:::Ii 1947 - You have requested our opinion based on the following: FACTS The City Fire ._Marshall has ordered the School._ District Cto have three school buildings in compliance with the fol- lowing portion of the National Fire Code prior to the open- ing of school in Fall 1979: "National Fire Codes, Volume Nine 1976, Life Safety Code 101, Page 65, 6-38, Munic- ipal Fire Department Notification. 6-3811. An alarm signaling system shall be so arranged that the normal operation of any required alarm initiating device will automatically transmit an alarm to the Municipal Fire Department or to such other outside assistance as may be available. 6-3812. An alarm signaling system may be connected to the Municipal Fire Department by: (a) Direct connect by remote station system. (b) Auxiliary connect by municipal alarm system. (c) Alarm transmission by,an approved cen= tral station system." The Fire Chief also indicated that failure to comply with the order could result in a fine not exceeding $500.00 and/or by imprisonment for a period not exceeding ninety (90) days for each violation. Mr. E. Dale Birkeland July 18, 1979 Page 'A.7o Based on these facts you ask the following: QUESTIONS 1. Does the Fire Chief have the authority to order the School District to put in an automatic fire alarm system according to National Fire Code specifications? 2. Who can be charged with the threatened penalties if the Board elects not to comply with the order at this time? OPINION I. The City Fire Marshall Has the Authority to Enforce the National Fire Code. Minn. Stat. 299F.011 authorizes the commissioner of public safety, through the division of fire marshall, to promulgate a uniform fire code which shall be applicable throughout the state and in all political subdivisions. Minn. Regs. Fire Mar. 30 adopt a uniform file code: "The Uniform Fire Code, 1973 Edition, as promillgated by the International Confer- ence of Building Officials and the Western Fire Chiefs Association (abbreviated U.F.C.) is incorporated by reference and hereby made part of Minnesota regulations pursuant to statutory authority, subject to the alteration and amendment in Fire Mar. 32-51." The Uniform Fire Code referred to in the regulations is commonly known as the National Fire Protection Association Code. The State Fire Marshall is currently enforcing the 1973 edition of the Code. However, the 1976 provisions of the National Fire Code concerning alarm signaling systems, which the City Fire Marshall proposes to enforce against the School District, are identical to the 1973 Uniformm, Fire Code. These regulations have the force and effect of law - The Uniform Fire Code is expressly applicable to schools. Minn. Stat. 299F.391(e) broadly defines schools as "any public or private school or educational institution". Minn. Stat. 299F.391 states: "All hospitals, nursing homes, _schools, lodging houses and hotels shall be operated and maintained in compliance with the uni- form fire cone as pro-nulgatcd pursuan. ` to section 299F.0ll. " (Er.phasis added) 1. 1,1r. E. Dale Birkeland July 18, 1979 Page Three Additionally, the State Board of Education Regulations, EDU 425(b) provides: "Fire protective features of school build- ings, uild- ings, such as...types of cons truc"C ion, er s , stairs, corridors, fire alarm systems, fire fighting equipment, boiler and fur- nace rooms and installation of incinerator or destructors must comply with the Fire Safety ' Code of the state fire marshall . " (Emphasis added) II. Enforcement of the Order Minn. Stat. 299F.011, Subd. 6 provides: "A person who violates a provision of the uniform fire code shall'be guilty of a misdemeanor. No person shall be convic- ted for violating the uniform fire code unless be shah have been ,given notice o (.--- this violation in writing and reasonable time to comply." Conviction of a misdemeanor_ is punishable by a fine up to $500 and/or imprisonment for a period not exceeding ninety day s. The Department of Public Safety regulation Fire Mar. 33 (k) covers- compliance requirements: "(a) Any person operating or naintai=_sin any occupancy, premises or vehicle subject to this code who shall permit any fire hazard to exist on premises under his con- trol or who shall fail to take irr-rediate action to abate a fire hazard t•:hen ordered or notified to do so by the Sta-.e Fire Marshall shall be guilty of a misdemeanor. (b) Any order or notice issued or served as provided in this code shall be colied with by the other, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains. Every order or notice shall set forth a time limit for complies_ice dependent upon the hazard and dander created by the violation. In cases of extreme danger to life or property immediate cor.pli ance shall be required. If the building or other Mr. E. Dale Birkeland July 18, 1979 Page Four premises is o:aned by one person and occu- pied by another, under lease or otherwise, and the order or notice requires additions or changes in the building or premises such as would immediately become real estate and be the property of the owner of the build- ing or premises, such order or notice shall be complied with by the owner unless the owner and occupant have otherwise agreed between themselves, in which event the occupant shall comply. (d) No person -shall use a building in violation of a tag affixed under Sec. 1.210(b) of the Code." (Emphasis added) Sec. 1.210(b) provides: "(b) Whenever the State Fire Marshall deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurten- ance thereto, or anything regulated under a nationally approved standard in or upon any building, structure or premises not specif- ically mentioned in this code, to be defec- tive or unsafe so as to create an immediate hazard, he shall serve upon the owner or the person having control of the property a written notice to repair or alter as necessary and shall notify any other auth- ority enforcing codes regulating such equip- ment. He may affix: a condemnation tag prohibiting the use thereof until such re- pairs or alterations are made. When affixed, such tag may be removed only by the order of the State Fire Marshall and may be removed only when the hazard to which the order per-, tains has been eliminated in an approved raanner. Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used. 11hen an appar- ent structural haza.-d is caused by the faul- ty installation, operation, or malfunction of any of the hereinabove mentioned items or devices, the State vire i-ZarshE.11 shall im- mediately notify the building official of the jurisdiction who shell investigate such hazard and shall calj!;c• such hazard to be 14 Mr. E. Dale Birkeland July 18, 1979 Page Five abated as required under the Building Code." (Emphasis added) Hinn. Stat. 123.35 establishes the general powers of independent school districts: "Subdivision 1. The board shall have the general charge of the business of the dist- rict, the school houses, and of the inter- est of the schools thereof." Therefore, the members of the Board are the persons responsible for the school buildings and would be the pos- sible subject of charges brought by the City Fire Chief. CONCLUSION Your questions are answered as follows: 1. The Fire Chief does have the authority to order the C School District to install an automatic fire alarm system in compliance with the National Fire Code. 2. The members of the Board could b2 charged with a misdemeanor and be subject to fines or ir,prisonment if the order is not obeyed. The City Fire Chief would have the option of bringing charges but whether he would actually do so remains to be seen. It may be more likely that the City Fire Chief would try to close the school buildings until they are in compli- ance with the Code. As set out above, in Fire Pear. Reg. 33(j)(b) such power to close a building is limited to conditions creating an immediate hazard. Failure to install a specified fire alarm system probably would not be held to create an immediate hazard. The School District does have the oration of applying for a variance from the Code. Minn. Stat. 299F.011 pro- vides: "Upon application, the state fire mar- shal may grant variances from the minimum requirements specified in the co, -ie it there is substantial compliance with the provis- ions of the code, the safety of the public and occupants of such building will rot be jeopardized, and undue hardship vill result to the applicant unless such variance is granted. No appeal to the state fire mar- shal for a variance fro!r: the uni`orm fire Mr. E. Dale Birkeland July 18, 1979 Page Six code shall be accepted until the applicant has first made application to the local governing body and the local unit has acted on the application. ' c state fire marshal shall consider the decision of the local governing body. Any person ag- grieved by a decision made by the fire marshal under this subdivision *mai pro- ceed before the fire marshal as with a contested case in accordance i-Ath the administrative procedure act." If you would like us to prepare a fo anal request for a variance please advise. ' If we can be of any further assistance, do not hesitate to contact our office. JEF:PAM: kj .--� Sincerely , `Joseph E. Flynn �v p O S $„ f F V rh OFR O F 218 North Main • HutchinSon, Minnesota 55350 - (612) 879-6025 August 27, 1979 City Council Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Council Members: The Hutchinson Area Chamber of Commerce requests permission to use Library Square for the 5th Annual Arts & Crafts Festival on Friday and Saturday, September 14 and 15. As a rain/inclement weather location we request rmory as in prior years. �utr�insanF7'�V00 Ambassabars 218 MAIN NORTH HUTCHINSON. MN 55350 August 27, 1979 Mr. Gary Plotz City Clerk — Administrative Assistant City of Hutchinson Hutchinson, MN 55350 Dear Gary: The Hutchinson Ambassadors are asking permission to again operate a food concession stand in the Public Square during the Arts and Crafts Festival, for the hours of 9 am to 5 pm on Friday and Saturday, September 14th and 15th. I would appreciate your presenting this request to the City Council. Thank You. LG/cj assadors WNw%W WW-uhtft7 '00NESpT o - �y Minnesota n po" Department o€ Transportation Transportation Building;te g0 St. Paul, Minnesota 55155 August 20, 1979 Phone. 296-8046 Mayor D. J. Black 950 2nd Avenue S.W. Hutchinson, MN 55350 Dear Mayor Black: Subject: State Aid For Airport Maintenance And Operation Enclosed are three copies of a proposed form of resolution and the agreement for requesting State Aid for maintaining your airport during all seasons of the year up to June 30, 1981. We are often displeased at the quality of maintenance provided,at publicly - owned airports. There are an increasing number of damaged and burned out runway and taxiway lights, grass that needs mowing and runways, taxiways and ramp areas that have not been plowed or plowed properly. For this reason and because of a number of requests for increased participation due to rising costs, the maximum amount of State Aid will be increased as noted in the Agreement. For maintenance and operation during the year, the State will participate on a 66 2/3 percent basis not to exceed the amount of State Aid set forth in the Agreement for the cost of snowplowing, de-icing and sanding, mowing, fertilizing, re -seeding, rehabilitating runway lights, landing strip markers and drainage system, and general maintenance of the runways, taxiways and apron areas. Reimbursement will be based on actual time and cost records kept by the Muni- cipality. Prior to any reimbursement being made by the State, the Municipality must have a zoning authority established and such authority must have adopted or be in the process of adopting an Airport Zoning Ordinance in accordance with Minnesota Statutes 360.061 to 360.074. Reimbursement may be denied entirely or inpart if the airport is not properly maintained. A new program will be initiated by our department to recognize those airports which perform the best maintenance throughout the year. Representatives from our department will inspect the airport periodically during the year. Airports with all weather runways will be categorized into two classifications: Airports with certificated air carrier service and general aviation paved and lighted airports. A traveling trophy will be presented at the end of the fiscal year to the airport in each classification which has been selected by our department as the best maintained. The traveling trophy will remain in the possession of the airport for one fiscal year when the procedure will be repeated and a new award made. Additional information regarding this award will be forthcoming. An Equal Opportunity Employer"' i If you desire State assistance and agree to comply with the requirements of the Agreement, please complete and submit three copies of the Agreement and three copies of the resolution to this office so State funds can be encumbered. An approved copy will be returned to you for your records. It is particularly important during the winter and spring seasons, or when hazardous conditions may exist, to keep the air -traveling public informed of the status or condition of your airport. This is accomplished by notifying the nearest Federal Aviation Administration Flight Service Station and this department. Sincerely, 94 - �. Le Lawrence E. McCabe Assistant Commissioner Aeronautics Division Room 417 LEK:tb AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND OPERATION AT THE Hutchinson AIRPORT The State of Minnesota and the City of Hutchinson agree as follows: (Name of Municipality) 1. The Municipality will keep at least one paved runway and associated taxiway, and apron area, cleared of snow and ice for safe use of aircraft using wheels. The paved runway shall be kept clear its full length and width, and snowbanks kept down so that aircraft wings will clear them, and runway and threshold lights will remain visible. 2. The Municipality will maintain the runways in good order by performing maintenance work, including but not limited to the following: a. Crack filling and patching of surfaced runways, taxiways and aprons. b. Mowing grass on landing strips and around lights. The grass must be mowed at least seven feet beyond the lights and at no time may the grass exceed six inches in height on landing areas. c. Maintain beacon and runway lights or markers, and rehabilitate them when necessary. d. Fertilizing and seeding as necessary to prevent erosion. e. Maintain clearance in approach zones in conformance with 14 MCAR § 1.3009 of the Department of Transportation, Aeronautics Division, "Minnesota Code Of Agency Rules." f. Replacing windsock when necessary. g. Maintain the drainage and fencing systems. 3. The Municipality shall provide at least two yard -type lights in the building/aircraft tied"wn area, and shall keep the area lighted from dusk to dawn. The Municipality shall also keep the airport property clear and free of debris. At airports where aviation fuel is dispensed, at least one 20 -pound, dry -powder fire extinguisher shall be available in the vicinity of the fuel pump. 4. The airport must pass periodic inspections performed by a representative of the Division of Aeronautics, for compliance with the rules of the Department of Transportation and for compliance with this agreement. If the airport is not so maintained in an operational, safe manner, then no reimbursement shall be made hereunder. 5. The State will reimburse the Municipality 2/3 of the direct, actual maintenance and operation costs not reimbursed by any other source, not to exceed $ 4,000 of State aid for each fiscal year. 6. The Municipality shall -submit a breakdown of its costs incurred hereunder to the Assistant Commissioner, Aeronautics, on forms to be supplied by him. In any and all events, costs must be submitted to the Assistant Commissioner, Aeronautics, on or before August 1 for each fiscal year ending June 30. No requests received after August 1 for the preceding fiscal year will be honored by the Assistant Commissioner, Aeronautics. The Assistant Commissioner, Aeronautics, reserves the right to reject items that may not be eligible for reimbursement, and reimbursement may be denied entirely if the airport is not properly maintained in accordance with this Agreement. ..a 7. The Municipality has established a zoning authority for the airport and such authority is in the process of and will complete with due diligence an airport zoning ordinance in accordance with Minnesota Statutes 360.061 to 360.074. 8. This Agreement is in effect for the fiscal years 1979-1980 and 1980-1981. It may be terminated at any time on thirty days written notice by either party. APPROVED: DEPARTMENT OF ADMINISTRATION By: Authorized Signature Date: Approved as to form and execution: Special Attorney Date: DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION By: Assistant Commissioner Date: City of Hutchinson Municipality By: Title: Mayor BY: Title: Clerk -Administrative Assistant Date: August 29, 1979 10 RESOLUTION NO. RESOLUTION FOR STATE AID FOR MAINTENANCE AND OPERATION Be it resolved that the Mayor (and Clerk) (is) (are) authorized to sign an agreement with the State of Minnesota for State aid for maintenance and operation of the Hutchinson Airport during all seasons of the year up to June 30, 1981. The State will pay up to 66 2/3i6' of the cost, not to exceed the amount specified in the agreement. Passed this 28thday of August , 19 79. Attest: Clerk: (SEAL) Municipality: City of Hutchinson Mayor: (612) 879-211 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 28, 1979 TO: Mayor and Council FROM: Water Billing Department SUBJECT: Delinquent Water Accounts 04-0095-0- 14-0135-2-00 Glen S' ie Kenton Knutson 325 ams St. S 535 Lyndale Ave. $ .00 $11.75 04-0850-2-00 Fred Fitzwater No Forwarding *546 Fourth Ave. S.E. $17.50 08-0450-2-00 George Schmiesing 531 Second Ave. $45.72 $25.73 Paid $20.00 Promised to Pay 9/04/79 10-0155-1-00 George Het get 638 Fifth Ave. S.W. $44.89 15-0325-0-00 Gary Miller 1215 Highway 7 W. *493 Connecticut St. $15.60 )(20-0065-0-00 20-0065-0-00 Eugene Duesterhoeft 715 Harrington St. $60.18 Promised to pay by 09/03/79 26-0220-0-00 James Duhamel 890 Dale St. $48.45 r REGULAR COUNCIL MEETING WATER -4 SEWER FUND Wm. James Auto Inc. Curtin Matheson Scientific Inc. Feed Rite Controls Inc. Hutchinson Telephone Co. Juul Contracting Co. Van Waters & Rogers Water Products Co. Sharstrom Plbg. State Treasurer St. Paul Life Ins. Co. Equitable Life Assurance Society Equitable Life Assurance Society Rumaro Modern Bldg. Systems Randy DeVeries GENERAL FUND Paper Supply Co. Mn. Ice Arena Mgr. Assn. Tin Pan Deli Meeker Co. Sheriff K & S Catering Hedvig Mueller Joe Getz Fred Roberts Dan St. Pierre Duane Dascher Eric Natwick Steve Lueneburg Mark Larson Gale Boelter Norman Wright Craig McLain John Dietel Steve Jensen Jims Garden Service Foundation, Cal.State U. Anderson Chemical Co. Copy Systems Inc. Country Kitchen Co. Treasurer Dept of Public Safety Gambles Gopher Sign Co. Hutch T,lephone Co. Itasca Equipment Co. Logis L.N. Sickels Co. Ken Merrill Mason Publishing Co. Dean 0 Borsky 1979 GMC pickup chemicals acid phone service hydrant repairs chemicals water meter repairs PERA contribution life insurance premium long term disability insurance long term disability insurance refund refund safety glasses mimeo paper registration fee -arena meeting expense -downtown dev. prisoner board -police city employee picnic rug safety glasses -park safety glasses -street safety glasses-eng. safety glasses -street safety glasses -street safety glasses -street safety glasses --park safety glasses -park safety glasses -perk safety glasses -park bikesafety seminar -police safety shoes -rec. weed cutting -park adv.reg. fees for 1Watage-police chloride flake-stree t supplies for off set prisoner board -police d 1 fees for county aug. teletype -police supplies-elm,airport.,fire-arena signs -street phone service repairs -street computer rental street supplies-•streeit mileage legal books-olice meeting expenses August 2.31979 $5070.00 a 117.54 224.26 26.73 3823.70 434.75 339.00 45.08 215.19 38.25 32.42 32.42 15.60 125 20.00 $ 10,447.1-9 $ 1.14:41 45.00 3.95 '80.00 605.00 50.00 69.00 44.50 20.00 31.00 20.00 20.00 20.00 20.00 42.50 20.00 12.00 20.00 2510.00 60.00 1752.00 91.86 13.59 54.50 271.04 73.29 118.11 891.78 837.86 1337.84 6068.04 25.20 -2 - Homer Pittman bldg. officials conference 25.80 Gary'Plotz energy meeting 37.20 The Patco Company lites-street 379.48 Shopke supplies -police 65.30` Thorsen, Campbell et.a1. audit fees 2286.00'' Uniforms Unlimited supplies -police 24.00 U of Mn. bldg. officials institute 90.00 Ziemers Grocery supplies 29.64 Elden Willard registration fees 7.00 . State Treasurer PERA contribution 2763.79 St. Paul Life Insurance Co. life ins. premium 440.73 Equitable Life. Assurance Soc. long term dis.insurance 382.86- 82.86Equitable EquitableLife Assurance Soc. long term disability ins. 380.59, Gary Plotz mileage 60.58 Southwest Bldg. Officials Assn. dues for 1979 20.00 Day Timers pocket day timer-eng. 11.75 United Bldg. Centers supplies -arena -city hall 57.70 Quentin Larson '/safety glasses 51.00 $22,511.39 OFF STREET PARKING Charles Bell servicing meters $132,00 The Harstad Company supplies 33_ 2.51„ 464.50 BRIDGE FUND Carl 0. F. Christensen dragline services $3555.00 BONDS OF 1978 Dennis Gregor refund on overpayment of $2.43 assessment MUNICIPAL LIQUOR STORE City of Butchinson,G,-neral Twin City Wine Co. Griggs Cooper & Co. Old Peoria Co. Ed Phillips & Sons Co. Griggs Cooper & Co. Twin City Wine Co. American Linen Services Municipal Liquor Store Northland Beverages Mike Buckentine Ed Phillips &Sons Co. Old Peoria Co. Old Peoria Co. City of Hutchinson,GFneral Ed Phillips & Sons Co. Commissioner of Revenue Sprengler Trucking Twin City Wine Co. Griggs Cooper & Co. Fund transfer of funds $10.000.00 wine 275.83 liquor &eine 2,336,76 liquor 848.41 liquor & wine 1,681.37 liquor & wine 2,036.24 wine 194.81 laundry service 12.00 increase in 2 drawers 200.00 mix 172.60 liquor 42.75 liquor & wine 836.93 liquor 661.79 liquor & wine 1,566.45 Fund insurance & payroll reimbursement 21,257.29 liquor & wine 892.38 sales taxes for July 3,264.88 freight charges 342.14 liquor & wine 279.44 liquor & wine 1,184.64 $ 48,086.71 (612) 879-2311 iyUTriY" CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 553.50 MEMORANDUM FOR YOUR INFORMATION DATE: August 28, 1979 TO: MAYOR AND CITY'COUNCIL FROM: PERSONNEL COORDINATOR RE: STREET DEPARTMENT MECHANIC The maintenance mechanic for the Street Department, Courtney Eck, notified Fred Roberts on August 17 that he had another job effective immediately and would not be returning to work for the City. We have placed -an advertisement in the LEADER for a replacement. L " L, shin on updde MUNICIPAL FINANCE Supplement to OFFICERS ASSOCIATION MFOANewsletter 1750 K STREET, SOITE650 August 16, 1979 WA3I HINrTnN,DC 20006 FORYOUR INFORMATION MORTGAGE REVENUE BONDS Current Status Federal legislation restricting the issuance of mortgage revenue bonds is moving through the U.S. Congress. On July 31, 1979, the Ways and Means Committee of the House of Representa- tives completed action on a bill, H.R. 3712, which would significantly restrict the mort- gage revenue bond programs of state and local governments. Since the Ways and Means Com- mittee action occurred just a few days before Congress left on its month-long August recess, the earliest this legislation could be con- sidered by the full House of Representatives would be mid-September. Before H.R. 3712 reaches the House floor, the House Rules Committee will specify the number and type of amendments which may be offered during House debate. The Ways and Means Com- mittee agreed to ask the Rules Committee to allow only three substitute amendments to be offered. Although the thrust of each of the three substitutes is different, the one common feature they share is a total prohibition on the issuance of mortgage revenue bonds. The first substitute bill, drafted by Congress- man 0. Henson Moore(R-LA), would allow in- dividual taxpayers an exclusion of up to $200 on interest payments on savings accounts. Theoretically the money deposited in these savings accounts would then have to be used to provide hone mortgages. Congressman Moore's proposed exclusion for interest earned on savings accounts is similar to 140 other bills which have been introduced in the House of Representatives this session. Com- mittee Chairman Ullman will argue against the Moore substitute since neither the Ways and Means Committee nor the Senate Finance Com- mittee have held hearings on these bills. Due to the popularity of the concept of pro- viding an exclusion on savings account inter- est, the Moore substitute bill poses a serious challenge to the Ways and Means Committee bill. The eegond substitute bill will be offered by Reps. Andy aco s D -IN) and Joseph Fisher (D -VA). The Jacobs/Fisher substitute would allow a tax credit to offset both monthly mortgage payments and the downpayment require- ments for low- and moderate -income taxpayers residing in certain targeted areas. The third and final substitute considered aurtng tTie committee a ate would -prohibit the insuance of mortgage revenue bonds a two - ear period so that a study could be conducted with t e provisions of H.R. 3712 taking effect after this two-year moratorium. U.S. Senate Action Senator Russell Long (D -LA), the influential Chairman of the Senate Finance Committee, has indicated that his panel would not consider this issue until after the House completes its deliberations. Meanwhile, a Subcommittee of the Senate Hous- ing Committee and the Subcommittee on Inter- governmental Relations are drafting recom- mendations which they will submit to the Senate Finance Committee. Major Provisions of H.R. 3712 The forty-one page bill which the Ways and Means Committee reported on July 31, 1979, contains a multitude of federal requirements, including: income limitations, home purchase price limits, distressed area standards, arbitrage rules, downpayment requirements, transition rules, mortgage volume levels, and a sunset provision. A. First -Time Homebuyer Each mortgagor to wham financing is provided through a mortgage revenue bond must be a first-time homebuyer. The bill specifies that the mortgage recipient cannot have owned a home for the three pre- ceeding years. B. Purchase Price Requirement In general, the purchase price of a residence financed with a mortgage revenue bond cannot exceed 80 perceet of the average purchase price of single family homes in the standard metropolitan statistical area (SMSA) or the rural county. This purchase price limitation is raised to 110 percent of the average pur- chase price for certain targeted areas. C. Downpayment Requirements An -issue meets the requirements of this bill only if 75 percent or more of the owner oc- cupied financing is 95 percent financing. D. Income Requirements At least half of the owner -financing of a given program must be provided for families whose income is 90 percent or less of the median family income in the area. In addition, all mortgages provided under the issue must be families whose income level is 115 percent or below the average income in the area. However, in the case of a targeted area, the upper income limitation is raised from 115 percent to 140 percent of the average area income. E. Volume Limits The market limitations specified in the bill would allow each state to issue either $50 million of mortgages per year or 5 percent of the average number of mortgages originated in the state during the three previous years, whichever is greater. If two or more govern- mental units have authority to issue mortgage revenue bonds in the same geographical area, the unit having jurisdication over the smallest geographical area shall be treated as the level of government having issuing authority. This issuing authority can either be delegated away by the smallest level of government or modified by the state legisla- ture. F. Arbitrage Requirements The Arbitrage section of the Ways and Means Comittee bill contains two separate require- ments. First, the effective rate of interest paid by mortgagors cannot exceed bond yield by more than one percent. Secondly, the earn- ings allowed on reserve funds cannot exceed 1-1/2 times the annual debt service require- ments of the issue. G. Targeted Areas Targeted areas are either defined as census tracts in which 70 percent of the families have income which is 80 percent or less of the statewide median family income, or areas designated by the state as distressed. State designation of distressed areas will be according to broad guidelines outlined in the bill; however, this designation is subject to the approval of both the Depart- ment of Housing and Urban Development and the Department of the Treasury. H. Multi -Family Rental Projects In general, multi -family rental projects are not subject to the specific provisions of the bill). These rental projects must, however, provide at least 20 percent of the units to individuals of low or moderate income. Each obligation issued pursuant to the issue must be in registered form. (This registration require- ment also applies to the single family obliga- tions.) I. Transition Rule The provisions of this bill will only apply to obligations issued after April 24, 1979. If a unit of government had taken official action with respect to a mortgage revenue bond issue prior to April 25, 1979, the requirements of this bill shall not apply. J. Sunset The committee adopted a three-year sunset provision with this legislation. The pro- visions of the legislation would expire, unless Congress takes action, at the end of three years, at which time all mortgage revenue bonds would be prohibited. For further information, contact Jeffrey L. Esser, Director of Liaison, at 202/466-2014. FOR YOUR INFORMATION August 17, 1979 Mr. Dale Birkeland 30 Glen Street Hutchinson, MN. 55350 Dear School Board Members: On August 14, 1979, the Hutchinson City Council established the date of August 28, 1979, for a public hearing on development districts 1, 2, & 3 and on the attached "Tax Increment Finance Plan". The establishment of development district # 3 compliments the objectives of the existing and approved districts 1 & 2, including the potential re- moval and rerouting of a portion of the railroad tracks from the downtown area to the industrial park area. You are welcome to attend the public hearing, and in the event you have any questions, you are welcome to contact Mr. Clarence Simonowicz, (612- 735-2886) or myself at 879-2311. Sincerely, Gary D. Plotz Administrative Assistant cc: Mayor and City Council Attach: GDP: do August 17, 1979 Mr. Clarence Schultz County Auditor McLeod County Courthouse Glencoe, MN. 55336 Dear County Commissioners: On August 14, 1979, the Hutchinson City Council established the date of August 28, 1979, for a public hearing on development districts 1, 2, & 3 and on the attached "Tax Increment Finance Plan". The establishment of development district # 3 compliments the objectives of the existing and approved districts 1 & 2, including the potential re- moval and rerouting of a portion of the railroad tracks from the downtown area to the industrial park area. You are welcome to attend the public hearing, and in the event you have any questions, you are welcome to contact Mr. Clarence Simonowicz, (612- 735-2886) or myself at 879-2311. ' cc: Mayor & City Council Attach: GDP: do Sincerely, G a ry7 Plotz Administrative Assistant d 1 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES INCORPORATED M E M O R A N D U M To: Mr, Dean O'Borsky, Chief of Police, City of Hutchinson cl RE;;g: J , Copies To: Mr. _Gary Poltz, City Administrative Assistant and Clerk r � _ l From: Mr. Westly J. Hendrickson and William Armstrong s��£z`� Date : August 14 191 9 r,�S'' Reference: Programing Phase - Police u� M w Department, Hutchinson Public Safety Building FOR YOUR INFORMATION COMMISSION N0. To Be Assigned On July 25, 1979 3:00 p.m., we (Hendrickson and Armstrong) met with Dean O'Borsky, Dick Waage and Chuck Jones of the Hutchinson Police Department to discuss space and functional requirements of the new police facility which will be part of the Public Safety Building. The following functional requirements were discussed: A. PUBLIC FLOWS The police facility must be designed to separate the general "public flow" from the prisoner or "private flow". 1. Jailing Process (Private Flow), Essentially when a person is taken to jail the following happens; arrest, booking, jailing (lock-up) and investigation (questioning). 2. Secured Garage The prisoner is brought into the police facility via the garage. Ideally there should'be room for the majority of police vehicles ("units") within the garage. Also the outdoor parking area (15 spaces) for police units should be secured. 3. Secured Booking Area From the secured garage the prisoner would be taken into the booking area which should be out of the sight and sound of the cells. 4. Secured Weapons Storage A place for the officer to lock up his gun should be located in the, booking area. Page Two 5. Evidence Storage A secured room for storing evidence is required - each piece of evidence needs to be separated by a compartment. Large pieces would be stored in the garage. Evidence storage shall be near officer report area - for booking -tagging, etc. 6. Breathalizer A breathalizer room should be located next to the booking area; it should be large enough to accomodate only the examiner, examinee and the equipment. 7. Holding Area (Part of the Booking Area) The holding tank should be of sufficient size to accomodate 15 people and should be separated visually and sound -wise from the rest of the jail population. A shower/toilet should be located adjacent to the holding tank. A pay telephone with a long cord should be provided near the holding area. 8. Cells Prisoners are held only temporarily (36 hours generally is the maximum) and then released or transferred to another detention facility. Six (6) cells are required, each visually separated from the next cell. Cells would be monitored by T.V. cameras. The cells could house adult males and females and juveniles of either sex. (No recreational areais required.) No county facilities are projected for at least 5 or 6 years. 9. Secured Waiting Room There should be a lockable room for juveniles waiting to be picked up by their parents, i.e. a secured area that is not part of the cell block. 10. Paper Work The arresting officer should be able to accomplish paper work associated with the arrest in an area adjacent to the booking and holding tank. Prisoner property should be stored close to this area. 11. Line Up/Interview Room Two line up/interview rooms are required. Following jailing the prisoner is interviewed by an investigator. The interview room must be sound prof, ery d b n intercom system and on way lass (mirror). The room wou? a�so bee He� to interview witnesses tquiet�. 12. Lab and Dark Room This room should be located next to the investigator's area. This room would be used to dry evidence -bloody clothing, etc. (ventilated). B. PERSONNEL Generally the number of police personnel and positions proposed in the Hutchinson Municipal Facilities Study were acceptable as a basis for the building program. 1. Police Chief The Chief needs to be less accessible to public than the existing situa- tion. The Chief needs most contact with investigators, lieutenants and his personal secretary. N P ge Three 2. Investigators, Captains, Lieutenants Private offices are required for the above personnel. 3. Sergeants Shared offices next to the briefing room are satisfactory for the sergeants. 4. Patrol Officers (Briefing Room) Officers wear uniform and weapon to and from work. The following routine is typical for patrol officers: a. They start shift by picking up reports (review reports since last duty). b. There is a briefing period to exchange information; a briefing or squad room is required. c. They pick up equipment (note books, flash lights, radios, rain gear, parkas, etc.). d. They pick up vehicles and leave for their designated patrols. 5. E.O.C. Provide an E.O.C. in the basement - as per C.D. criteria, an emergency generator, well (water supply) exhaust system, kitchen, etc., are required. 6. Firing Range (Indoor) One is needed; there is none in the county (should be 3 point -25 yard range). 7. Locker Rooms Locker facilities are required for both male and female officers.`�Pro- vide full length lockers, one for each officer. (Minimal shower faci- lities are required.) These rooms should be adjacent to briefing room. 8. Exercise Room This could be located in the E.O.C. Space is required to accomodate a "Universal Gym". 9. Weapons Storage (Armory) A secured storage for weapons (ammo, etc.) is required next to the briefing room. C. PUBLIC SIDE (Flows) 1. Reception/Waiting Area The public upon entering is greeted by a receptionist serving the general office area during normal office hours; after hours the reception func- tion is handled by the dispatcher. 2. Clerical Area Immediately adjacent to the reception area would be the general office area for clerical staff. 3. Flows A typical flow for a person coming into the department from the public side would be the following order: a. Patrol officer or community service officer. b. Investigator or sergeant. c. Lieutenant or other management person (captain). d. Chief. Page Four D. GENERAL AREAS 1. Dispatch Area The Communication Center coordinates all City functions; police, fire, ambulance, etc. Equipment is basically new and complete. The area must be large enough, secure and have a sound system from the public side. Needs good access to public -access also to Fire Department. 2. Records Storage Records storage should be adjacent to and accessible to the dispatch area. Inactive storage would be located in the basement (E.O.C.). 3. Legal Books Law books should be -located adjacent to the area where officers do paper work. E. COMMENTS 1. The nature of the Police Department and Fire Department personnel relationship relative to the use of the new building was discussed. Basically certain functional areas could be shared such as the public entry, communication center, etc. However, the lounge/social area used by Fire Department personnel would be used soley by the Fire x, Department. The police break area would be used solbly by police personnel. Police area is secure work area while fire is recreational/ social. 2. The need to maintain security of personnel, equipment and records will be a primary objective of the Public Safety Building design. Please let us know of any corrections or additions that should be made to this memorandum. WJH/WA/dmn %Jp-4ti INSU.�l�N�E SEI VI ES JFF=1GE OF MINNESOTA'= W fl (/ 12 SO. SIXTH ST.. ROOM 1229, MINNEAPOLIS. MINN. 55402 9TT20_ 2,a1 TELEPHONE (612) 338-6200 AN; 19_7�29 C.S. WRIGHT, MANAGER PLEC� VED August 17, 1979 el__� fV bEZt Mr. Gary D. Poltz, Administrative Assistant City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 FOR YOUR INFORMATION Dear Mr. Poltz: We are enclosing a number of fire insurance classification improve- ment statements in response to your recent request. These statements cover some of the grading items which are of considerable importance in determining your fire insurance classification. As you may know, the public fire protection insurance classification number is used by ISO as only one of several elements in developing some individual property fire insurance rates. Individual property fire rates are also dependent upon specific construction, occupancy, private protection and exposure from adjacent buildings. These improvement statements refer only to the fire insurance rating classification of your city. Our comments are not for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations are made. Please contact us if you have any questions concerning the enclosed material, or if you want our comments on any proposed improvements. wjm: jk Enc. Very truly yours, t William J. Mooers, Assistant Supervisor Public Protection 1-2111-7.1 cdot /m FIRE INSURANCE CLASSIFICATION IMPROVEMENT STATEMENTS FOR HUTCHINSON, MINNESOTA Prepared By INSURANCE SERVICES OFFICE OF MINNESOTA AT THE REQUEST OF GARY D. PLOTZ ADMINISTRATIVE ASSISTANT AUGUST 16, 1979 The following statements are based upon the criteria contained in our Grading Schedule and upon conditions in Hutchinson on September 4, 1975. They indicate the action that can be taken to remove deficiency points from the current grading. The number of points that can be removed is given in the parenthesis after each statement. Partial action will result in removing part of the total points indicated. These statements relate only to the fire insurance -classification of your city. They are not for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations are made. WATER SUPPLY 1. Sufficient supply facilities should be provided, so that when the 2 most important pumps are out of service the supply facilities will be able, in conjunction with available storage, to deliver 3000 gpm for 3 hours at any time during a period of 5 days with the consumption.at the maximum daily rate. (25 points). - 2. The power supply should be arranged, so that with a failure in any power line, transformer, or other electrical equipment the supply facilities will be able, in conjunction with available storage, to deliver 3000 gpm for 3 hours at any time during a period of 2 days with consumption at the maximum daily rate. (55 points). 3. The distribution system should provide adequate fire flows throughout the city (75 points). 4. The piping should be arranged so that, with a break in any main, the supply facili- ties will be able, in conjunction with available storage, to deliver 3000 gpm for 3 hours at any time during a period of 3 days with consumption at the maximum daily rate. (46 points). 5. The valving should be arranged so that, while any valve is being repaired, the supply facilities will be able, in conjunction with available storage, to deliver 3000 gpm for 3 hours at any time during a period of 2 days with consumption at the maximum daily rate. (23 points). 6. Hydrants should be maintained in good condition. Inspections should be made in the spring, in the fall, and after each use. The inspection should include complete operation of the hydrant. Suitable records of inspections, repairs, and condition should be maintained. (See American Water Works Association Manual M-17)(34 points). 7a. All alarms for fires in buildings should be received by the water department. A well-equipped emergency crew should respond to all second alarms of fire (9 points). 7b. Valves should be maintained in good condition. Inspection of all valves should be made annually and important valves more frequently. Suitable records of inspections, repairs, and condition should be maintained (17 points). 1c. Pumping stations should have no combustible material in their construction or should be completely protected by automatic sprinklers. Internal and external hazards should be properly safe -guarded (23 points). FIRE DEPARTMENT 1. Grading criteria indicates a need for a ladder company, equipped with an aerial ladder or an elevated platform truck, in your city (100 points). 2. Apparatus should be kept in good condition. Suitable repair facilities including adequate tools and equipment should be provided and a preventive maintenance program should be adopted. The program should include tests of pumpers annually and after major repairs. This may be accomplished by following the methods outlined in the Fire Department Pumper Tests and Fire Stream Tables pamphlet published by Insurance Services Office (101 points). 3. Because the city has elected to provide a volunteer department, no statement has been made concerning manning of the department. Grading criteria indicates a need for 6 men, including the officer, on duty at all times with each engine and la44er company.. 4. Each pumper and ladder truck should be provided with the tools and appliances needed for efficient fire grounds operations (see National Fire Protection Asscw i- ation Standard No. 1901, Automotive Fire Apparatus). At least 150 gallons of foam liquid should be available in the department and at least 10 gallons and an aspi- rating nozzle should be carried on each pumper. A total of 1 turret, 1 Distributing Nozzle, and 3 Siamese should also be carried (17 points). 5. Each pumper should carry at least 1200 feet of 2 1/2 -inch or larger hose (minimum of 600 feet of 2 1/2 -inch hose or equivalent for hand lines) and 400 feet of 1 1/2 -inch hose. Additional hose should be provided (carried on apparatus or maintained as spare hose in the station) so that a total of 2400 feet of 2 1/2 -inch or larger hose, and 600 feet of 1 1/2 -inch hose, are available for each company. All 2 1/2 -inch or larger hose over 10 years old, and all 1 1/2 -inch hose over 5 years old, should be replaced. (34 points). 6. Suitable training facilities including a drill tower, a structure in which fires may by built, a drafting pit, and one or m6re hydrants should be provided on an adequately sized, suitably surfaced area where the generation of smoke and the use of water will not be restricted. The training program should be under the supervision of a designated training officer and, should include; at least 6 day and 2 night practices per year at the training ground by companies, some of which should be multiple company exercises; drills and classes at fire stations; instruction of new members before assignment to companies; officer, driver and operator schools; and instruction in the use of equipment and appliances including breathing apparatus, and in the handling of fires or other incidents involving radioactive material. Company members should inspect buildings for pre -fire planning purposes at least twice a year. Data should be recorded on suitable forms with appropriate notes and sketches and used in the training program. (150 points). 7. Response to alarms for fires in buildings should be at least 2 engine companies, adequate ladder service and a chief officer. (23 points). FIRE SERVICE COMMUNICATIONS 1. The alarm dispatch facilities, used to alert volunteer members, should be provided with electrical supervision and suitable recording facilities (67 points). FIRE SAFETY CONTROL 1. The fire prevention code should be amended and enforced to provide adequate control of hazardous materials, processes, and occupancies. Several nationally recognized model fire prevention codes are available. (244 points). 2. Enforcement procedure should be improved to provide adequate control over building construction (51 points). 3. Enforcement procedures should be improved to provide adequate control over all electrical installations (16 points). 4. Enforcement procedures should be improved to provide adequate control over heating and ventilating installations (27 points). C.B. WRIGHT. MA"Gii l Class: 6 INSURANCE SERVICES OFFICE 12 SO. SIXTH ST.. ROOM 1229. MINNEAPOLIS, MINN. 58402 TELEPHONE: (61 2) 332.7401 Grading Sheet for: Hutchinson, Minnesota Points of deficiency: Z5 -Z i Surveyed: September 1975 Water Supply ....................... 481 Fire Department .................... 1119 Fire Service Communications ........ 249 Fire Safety Control ................ 494 Climatic Conditions ................ 131 Divergence ......................... 60 The class is based on the total number of points as follows: Class Points 1 0 - 500 2 501 - 1000 3 1001 - 1500 4 1501 - 2000 5 2001 - 2500 6 2501 - 3000 7 3001 - 3500 8 3501 - 4000 9 4001 - 4500 10 4501 - 5000 The relative values of the features of the grading are as follows: Features Points Water Supply 1950 Fire Department 1950 Fire Service Communications 450 Fire Safety Control 650 5000 Additional points are applied for Climatic Conditions which are abnormal as compared to the average for the country and for Divergence where points for Water Supply and Fire Department are significantly different. - MIDWESTERN STATES FEDERATION e of BEVERAGE LICENSEES, INC. Eden 100 Building 5100 Eden Avenue 1977 S Minneapolis, Minnesota 55436 \6f ti J612) (612) 927-9974 BOARD OF DIRECTORS OFFICERS DAVIDJ ARONSOHN Pres~' AIILIAM KOIL.AK Vice President JOE M SHUSTER Vice President ROBERT t VNCH TrPaswer August 20, 1979 FRFDERICK C BOGS PON DO'• v EARL MONTPETIT A R JONES E■er Secretary SUBJECT: [JAR ON DRAM SHOP PREMIUMS Dear Licensee: 22�242S�6c'� AUG 1979 N RECEIVED w k;; FOR YOUR INFORMATION The war has begun in earnest. Now that word is out that the Federation has been able to put together an industry captive insurer, we are advised that one of the principal dram shop carriers has already filed reduced rate proposals with the Commissioner of Insurance. You are aware of the heavy premium burdens you have had as the result of rate increases in the past years. The Federation's industry captive program presents a threat to those carriers which have been demanding exhorbitant premiums; and, they are not at all pleased with what has been accomplished. They are going to use every method in the book to minimize the effect it will have on their market. We are prepared for this eventuality and our managers advise that the rating of the risks written so far have consistently been below the premiums paid by licensees in previous years. When one recognizes that the current quotes include heavy start up costs, which will be unnecessary in future years, it should be apparent that the industry -will become the beneficiary of substantial savings through the program. True success of greater savings can be effected if every- one becomes involved. Your continuing enthusiasm is evidenced by the fact that the effort has been endorsed by the great majority of your local and state organizations and membership is now approaching the Subject: War on Dram Shop Premiums Page 2 1,000 nark. Over 800 licensees have completed and have submitted the application questionnaires and will be given their quotations for coverage shortly. The industry is now united in this common effort; if you have not joined the fight we most whole-heartedly invite you. For your further information, the primary insurance carrier under the captive program is an "A" rated company, Ideal Mutual Insurance Company of New York, which insurers such people as Kraft Foods, Quaker Oats, Archer, Daniel, Midland and many other substant- ial companies. Under the program you will also be able to obtain higher coverage limits than has been normally available in the past. Remember this is your battle for relief, your money is financing the inauguration of the program, your money will be saved, the insureds will own and manage the captive reinsurance company and most importantly any underwriting profits will reduce your succeeding years premiums and enable the company to provide more and broader coverage in the future. We also direct attention to the fact that the Federation's effort has only begun, it is an on going project with loss control and a continuing effort to fight the unfair drag. shop laws as additional primary targets. We urge you to send in your quotation questionnaires, if you have not already done so, it costs you nothing and you will save much. This is your war, join the Federation's battle to fight the dram shop burden. Very truly yours, MIDWESTERN STATES FEDERATION OF BEVERAGE LICENSEES, INC. By V�`Lltw. Executive Sec to y klp f i �wcJ MIDWESTERN STATES FEDERATION of 4` BEVERAGE LICENSEES, INC. • Eden 100 Building 5100 Eden Avenue 9 0 �S Minneapolis, Minnesota 55436 �AsF It. ENS`` (612) 927-9974 MEMBERSHIP APPLICATION NAME OF APPLICANT (Licensee) BUSINESS NAME BUSINESS ADDRESS Street City County. Z ip Phone area code TYPE OF LICENSE: Food & Liquor Liquor Beer & Wine The applicant understands that this application is made subject to the approval of the MIDWESTERN STATES FEDERATION OF BEVERAGE LICENSEES, INC. MEMBERSHIP FEE $250.00 APPLICANT: DATED Make checks payable to MIDWESTERN STATES FEDERATION OF BEVERAGE LICENSEES, INC.