cp11-26-85 c1 -1UTCH INS ON
CITY
CALENDAR
WEEK OF
l,ce 24 0 November 30
1985'
WEDNESDAY
-27--
10:00 A.M. - Directors Meeting
at City Hall
SUNDAY
-24-
THURSDAY
-28-
THANKSGIVING DAY
3
MONDAY
-25-
Noon - Safety Council Meeting
at Fire Station
1:00 P.M. - Utilities Commissio
Meeting at Utilities
FRIDAY
-29-
CITY OFFICES CLOSED
TUL"!�JAY
-26-
7:30 P.M. - City Council
Meeting at City
Hall
SATURDAY
't
t_
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AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, NOVEMBER 26, 1985
1. Call to Order - 7 :30 P.M.
2. Invocation - Reverend Harold Kelm
3. Consideration of Minutes - Regular Meeting of November 12, 1985 and
Special Meeting of November 18, 1985
Action - Approve as distributed - Approve as amended
4. Routine Items -
(a) Reports of Officers, Boards and Commissions
1. Financial Report - October 1985
2. Planning Commission Minutes dated October 15, 1985
Action - Order report and minutes to be filed
(b) Consideration of Applications for Christmas Tree Sales Permits:
1. Leonard Riemann
2. Terry Walters
Action — Motion to reject - Motion to approve and issue permit
(c) Consideration of Applications for Snow Removal Permits:
i
1. Mark Betker - Betker Builders
2. Delbert Crotteau -
3. Ron Hansen
4. Milt Hanson
5. Edwin Karg
6. Harold Molls
7. Douglas Peterson
8. Mark Shouts
9. Dale Sturges
10. Steve Sturges
11. Otto Templin - Erickson & Templin Const.
Action - Motion to reject - Motion to approve and issue permits
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CITY COUNCIL AGENDA - NOVEMBER 26, 1985
•
5. Public Hearin - 8:00 P.M.
(a) Adoption of Industrial Wastewater Pretreatment Ordinance
Action - Motion to close hearing - Motion to reject - Motion to
approve - Motion to waive first reading of Ordinance and set second
reading December 10, 1985
6. Communications, Requests and Petitions
(a) Consideration of Request By Senior Advisory Board For Release Of Senior
Center Fund Raising Money
Action - Motion to reject - Motion to approve release of funds
(b) Consideration of Status Reports by City Attorney: -
1. Klockmann Property
2. Gutormson Property
Action -
(c) Consideration Of Request For Finance Director To Attend Advanced
Workshop In City Audits December 3, 1985 0
Action - Motion to reject - Motion to approve request
7. Resolutions and Ordinances
(a) Ordinance No. 17/85 - (Ordinance for Sale of Hospital Property)
Action - Motion to reject - Motion to waive second reading and adopt
(b) Resolution No. 8158 - Resolution For Purchase
Action - Motion to reject - Motion to waive reading and adopt
8. Unfinished Business
(a) Consideration of Appointing City Solid Waste Management Committee
(DEFERRED NOVEMBER 12, 1985)
1. Barbara (Mrs. Clyde) Peterson
2. Frank Mott
3. Bill Everett
4. Mark Schnobrich
5. Jerry Notch
6. Ed E. Homan
7. Bob Stearns
8. Marlow Priebe - Ex- Officio
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CITY COUNCIL AGENDA - NOVEMBER 26, 1985
4PAction - Motion to reject - Motion to ratify appointments and adopt
Resolution
9. New Business
(a) Consideration Of Delinquent Water And Sewer Accounts
Action - Motion to authorize extension of payment period - Motion to
authorize discontinuation of service
(b) Consideration Of Job Title Change For Nancy Buss
Action - Motion to reject - Motion to approve title change
(c) Consideration Of Rezoning Request Submitted By Larry Wendorff with
favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive first
reading of Ordinance and set second reading December 10, 1985
(d) Consideration Of Conditional Use Permit Request Submitted By Pure
Culture Products with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive reading
• and adopt Resolution No. 8159
(e) Consideration Of Preliminary And Final Plat Submitted By Ty Helland
(Helland's Seventh Addition) with favorable recommendation of Planning
Commission
Action - Motion to reject - Motion to approve - Motion to waive reading
and adopt Resolution
(f)_ Consideration Of Amendments To Subdivision Ordinance No. 466 with
favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve amendments - Motion to
waive first reading of ordinance and set second reading December 10,
1985
(g) Consideration Of Amendment To Zoning Ordinance No. 464, Section 6.09
Fees with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve amendment - Motion to
waive first reading of Ordinance and set second reading December 10,
1985
(h) Consideration Of Replacing 1977 Chevrolet Van For Engineering
Department
Action - Motion to reject - Motion to approve replacement and authorize
advertising for bids
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CITY COUNCIL AGENDA - NOVEMBER 26, 1985
•
(i) Consideration Of Amending Personnel Policy To Incorporate Federal Fair
Labor Standards Act
Action - Motion to reject - Motion to approve amendment - Motion to
waive reading and adopt Resolution No. 8157
(j) Consideration Of Calling For A Public Hearing For Private Or Public
Financing Of Police Station
Action - Motion to reject - Motion to approve and set public hearing
December 10, 1985 at 8:00 P.M.
(k) Consideration Of Application For Intoxicating Liquor License By Dennis
Hanson For Velvet Coach
Action - Motion to reject - Motion to set public hearing December 10,
1985 at 8:00 P.M.
(1) Consideration Of Naming Charles BaiIly & Company Auditors For 1985
Annual Financial Statements
Action - Motion to reject - Motion to approve auditors
(m) Consideration Of Request For Purchase Of HP -150 Computer And Printer .
For Transit Department With Matching Funds From MN /DOT
Action - Motion to reject - Motion to approve purchase - Motion to
waive reading and adopt Resolution No. 8160
(n) Consideration Of Plaza 15 Shopping Center Expansion Proposals
Action -
(o) Report By City Engineer On MN /DOT Projects
Action - -
(p) Consideration of Authorizing Preparation Of Specifications For Railroad.
Connector Track And Spur Track
Action - Motion to reject - Motion to approve preparation of specifi-
cations - Motion to waive reading and adopt Resolution
(q) Consideration Of Authorization To Enter Into Negotiations With
Surrounding Townships For Joint Orderly Annexation Agreement
Action - Motion to reject - Motion to approve
(r) Consideration Of Account For State Surcharge Refund
Action - Motion to reject - Motion to approve separate account
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CITY COUNCIL AGENDA - NOVEMBER 26, 1985
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10. Miscellaneous
(a) Communications from City Administrator
11. Claims, Appropriations and Contract Payments
(a) Verified Claims
Action_ - Motion to approve and authorize payment from appropriate
funds
12. Adjournment
•
A
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, NOVEMBER 12, 1985
1. The meeting was ca11 ed to order by Mayor Stearns at 7:30 P.M. The follow-
ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar-
lin Torgerson, Alderman Pat-Mikulecky and Mayor Robert H. Stearns. Also
present: City Administrator Gary D. Plotz, Director of Engineering Marlow V.
Priebe and City Attorney James Schaefer.
2. INVOCATION
The invocation was given by the Reverend Harold Kelm.
3. MINUTES
The minutes of the regular meeting of October 22, 1985 and special meeting
of November 5, 1985 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - OCTOBER 1985
• Mayor Stearns ordered the report to be filed.
(b) CONSIDERATION OF APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY
CYNTHIA BEADELL
Alderman Mlinar moved to approve the application and issue the permit.
Motion seconded by Alderman Carls and unanimously carried.
(c) CONSIDERATION OF APPLICATIONS FOR SNOW REMOVAL PERMITS:
1. GENE BETKER
2. LLOYD CHRISTENSEN
3. DON GLAS
4. JIM'S GARDEN SERVICE
5. JUUL CONTRACTING
6. BUD REINERT
7. ED RETTMANN, JR.
8. RICHARD SMYKALSKI
The motion was made by Alderman Carls, seconded by Alderman Torgerson,
to approve the applications and issue the permits. Motion carried
unanimously.
5. PUBLIC HEARING - 8 :00 P.M.
(a) IMPROVEMENT PROJECT NO. 85 -01 -40 (WATERMAIN)
0 (CONTINUED FROM OCTOBER 22, 1985)
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CITY COUNCIL MINUTES - NOVEMBER 12, 1985
The continued hearing was called to order by Mayor Stearns at 8:00 P.M.
City Engineer Priebe reported he had written to the Minnesota Depart-
ment of Health as requested, and a copy of Mr. Roman Koch's letter was
in the Council packet. His recommendation was the same as the City En-
gineer's, ie., a new well be drilled or a connection made to the muni-
cipal water service for the residents using the water.
Attorney Ronald McGraw, representing Mr. Charles Pulkrabek, stated his
client had a report on water analysis dated October 30, 1985 in which
the Minnesota Department of Health reported the water sample was found
to be of satisfactory sanitary quality and safe for human consumption.
Engineer Priebe pointed out the well was the concern and not the water.
The well did not meet health standards since it had old, rusty well
casings. Also, it-was a safety hazard since it was open; however, a
cover had been placed over it.
City Attorney Schaefer recommended closing the hearing and adopting the
Resolution ordering preparation of plans and specifications for the
watermain project. Then he and Attorney McGraw would meet to work out
a mutual agreement.
Following discussion, Alderman Torgerson moved to close the hearing at •
8 :10 P.M. Motion seconded by Alderman Mlinar and carried unanimously.
Alderman Mlinar moved to approve project No. 85- 01 -40, to order prepar-
ation of plans and specifications, to waive reading and adopt Reso-
lution No. 8156, and to authorize the City Attorney to meet with Attor-
ney Ronald McGraw to proceed with options. Alderman Torgerson seconded
the motion and unanimously carried.
(b) AMENDMENTS TO DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN FOR
DI- STRICT NO. 4 OF CITY OF HUTCHINSON (RAILROAD TRACK)
(CONTINUED FROM OCTOBER 22, 1985)
Mayor Stearns excused himself due to a potential conflict of interest
and turned the Chair over to Vice - President Carls.
Vice - President Carls called the continued hearing to order at 8:12 P.M.
City Administrator Plotz reported the Planning Commission had reviewed
the tax increment amendment and found it in conformance with the City's
Comprehensive Plan. He made reference to several other letters con-
tained in the Council packet and the Resolution calling for the public
hearing. It was reported that the scope of the project had changed
from the original connector track.
Attorney Ronald McGraw commented on the attempts made to save the rail
service in Hutchinson.
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CITY COUNCIL MINUTES - NOVEMBER 12, 1985
• Mr. Jerry Ross, owner of Dakota Rail and the Hutchinson trackage, re-
ported on the progress of the rail line. He stated he would be upgrad-
ing the local track and building a diesel house either in the Indus-
trial Park or by the elevator. He was notified today that his operat-
ing authority- would be in the mail by November 15, 1985, and he would
be in Hutchinson by the following Wednesday. In the purchase agree-
ment it was stated that the Interstate Commerce Commission had to give
advance abandonment of the railroad line prior to signing of the final
papers. This was the first time this requirement had ever been made.
Mr. Howard Anderson, Farmers Elevator manager, stated that two million
bushels of grain could be transported by rail if the service was avail-
able. There were many things the railroad could do to help the ele-
vator; specifically, lower the shipping costs.
Mr. Robert Stearns stated that because of the lack of a railroad, his
business ( Stearnswood) had to ship by truck. If railroad cars come
into Hutchinson on a regular basis, Stearnswood would probably go back
to using the railroad. It would save the company money in the long -run.
Discussion was given to the different phases of the project and on
estimated cost versus firm bid. City Administrator Plotz reported the
first phase would be grading at an approximate cost of $45,000, which
the tax increment amendment would allow to be done. Another phase
• would be construction of the track, with the amount to be determined.
Mr. Bernie Prusak of Gopher Engineering Inc. inquired if a delay in the
project would perhaps make the cost higher. The switches need to be in
before the ground freezes. He stated he was familiar with the figures
and costs for track estimates.
Alderman Mikulecky asked if there was a completion date on the grading
bid. The City Engineer stated the City had not committed itself since
no date for approval was known. The bids were taken about a month
ago, and the amount of work still to be done was questionable. The
spur line (grading and gravel base) into the elevator would be step one.
Alderman Mikulecky inquired if the $45,000 would cover both areas for
grading. The answer was yes.
Alderman Carls wondered what procedure would be used to determine who
would do the work and the schedule to be followed if the Council gave
approval. City Administrator Plotz responded that the main concern was
to do the grading and award the grading bid tonight. Then specifica-
tions would be drawn up for the remainder of the work.
Mr. Ross stated he wanted the job completed by May 15, 1986; therefore,
it would be necessary to begin the grading immediately. There was the
possibility that the railroad would do the other work due to union re-
quirements.
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CITY COUNCIL MINUTES - NOVEMBER 12, 1985
•
City Attorney Schaefer was directed to determine if bids were needed
for construction of the railroad track.
Alderman Mikulecky questioned whether approval could be given tonight
without knowing if a public bid was required. Attorney Schaefer stated
the Council would be awarding the grading contract tonight and author-
ize the preparation of specifications and plans and a request for bids.
Ancher Nelson pointed out the urgency for the track from the elevator.
Ron McGraw commented that the Council was talking about amending the
tax increment plan and awarding the bid. The bidding process would
answer the question and adjustments could be made at that time.
Alderman Mikulecky raised a question on obtaining additional funding.
Assuming the cost projections were correct, Administrator Plotz stated
there would be sufficient monies available to cover the cost of the
project; however, it may be necessary to postpone the start -up of the
revolving loan fund program. The City Administrator noted that the
County would be forwarding their second half of the year's tax incre-
ment collections shortly.
After discussion, it was moved by Alderman Mlinar, seconded by Alder-
man Torgerson, to close the hearing at 9:00 P.M. Motion unanimously
carried.
Alderman Mlinar moved to approve the amendments to the development
program and tax increment financing plan for District No. 4 and to
waive reading and adopt Resolution No. 8138. Alderman Torgerson sec -
onded the motion, and it carried three to one, with Aldermen Mlinar,
Torgerson and Vice - President Carls voting aye and Alderman Mikulecky
abstaining from voting.
Alderman Mikulecky inquired if the $300,000 was a gift and not to be
paid back. He stated that 3M's tracks were paid for at their expense
on private property, but the taxpayers' funds were being used to pay
for private use on private property at the elevator. He wondered why
the track at the elevator was not being treated the same as the one at
3M. City Engineer Priebe stated that 3M did not have a through track
but only a spur line on their property. The two lines at the elevator
would be providing right -of -way for services to other areas of the com-
munity.
Alderman Mlinar moved to direct City staff to prepare plans and speci-
fications for future development, pending the City Attorney's findings
regarding the bidding process. Motion seconded by Alderman Torgerson
and carried three to one, with Aldermen Mlinar, Torgeson and Vice -Pres-
ident Carls voting aye and Alderman Mikulecky abstaining from voting.
(c) CONSIDERATION OF ISSUING INDUSTRIAL DEVELOPMENT REVENUE BOND TO
ERICKSON OIL PRODUCTS, INC.
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CITY COUNCIL MINUTES - NOVEMBER 12, 1985
• Mayor Stearns resumed the Chair and called the hearing to order at 9:12
P.M.
City Administrator Plotz commented on the materials handed out from
Citizens Bank & Trust Co. stating their intent to purchase the_IRB
bonds and the Resolution giving preliminary approval to the project.
Chairman Ronald McGraw stated the Hutchinson Community Development Cor-
poration had approved the use of $500,000 of industrial revenue bonds
for the addition and renovation of the property owned by Erickson Oil
Products, Inc. located on State Highway 7.
Mr. Claire Erickson presented a site plan and explained the proposed
layout. The State Highway Department had granted approval for the drive-
ways.
After discussion, Alderman Torgerson moved to close the hearing at 9:20
P.M. Motion seconded by Alderman Mlinar and carried unanimously.
The motion was made by Alderman Torgerson, seconded by Alderman Carls,
to approve the bond for an improvement project and to waive reading and
adopt Resolution No. 8153. Motion unanimously carried.
(d) AMENDING FEDERAL REVENUE SHARING BUDGET
• Mayor Stearns called the hearing to order at 9 :21 P.M.
City Administrator Plotz stated the amendment to the federal revenue
sharing budget was $31,000 to cover the cost of the recreation build-
ing's gym floor and equipment.
Following discussion, Alderman Torgerson moved to close the hearing at
9 :24 P.M. Motion seconded by Alderman Carls and carried unanimously.
It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to
approve the amended budget and to waive reading and adopt Resolution
No. 8149. Motion unanimously carried.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY:
1. KLOCKMANN PROPERTY
City Attorney Schaefer reported the Klockmann trial will be scheduled
for either November 19, 1985 or December 17, 1985, without a jury.
2. GUTORMSON PROPERTY
• It was reported that Juul Contracting had been retained to demolish and
remove the structure located at 895 Dale Street. When the demolition
61
CITY COUNCIL MINUTES - NOVEMBER 12, 1985
•
has been completed, the billing may be paid directly by the affected
property owner or certified to taxes in a manner similar to a special
assessment.
(b) CONSIDERATION OF REQUEST BY DIRECTOR OF ENGINEERING TO ATTEND. MINNESOTA
PUBLIC WORKS ASSOCIATION CONFERENCE NOVEMBER 20 -22, 1985
Alderman Torgerson moved to approve the request. Motion seconded by
Alderman Mlinar and unanimously carried.
(c) CONSIDERATION OF REQUEST FOR STREET LIGHTING ON SEVENTH AVENUE
NORTHWEST
Following discussion, the motion was made by Alderman M ikulecky to ap-
prove the street lighting and refer the request to the Utilities Com-
mission. Alderman Torgerson seconded the motion, and it carried unani-
mously.
(d) CONSIDERATION OF REQUEST BY PARKS & RECREATION DIRECTOR TO ATTEND MRPA
CONFERENCE NOVEMBER 20 -22, 1985
It was moved by Alderman Mlinar, seconded by Alderman Carls, to approve
the request. Motion unanimously carried.
(e) CONSIDERATION OF FINANCING ALTERNATIVES FOR NEW POLICE STATION WITH •
RECOMMENDATIONS FROM POLICE STATION BUILDING COMMITTEE
Mr. Dick Burgart represented the building committee to present the two
alternatives of public or private financing for the proposed police
station. Discussion was given to the Davis -Bacon Act and how it could
affect the cost of the project. Mr. Burgart reported it was a unani-
mous decision of the committee to recommend the Council approve private
financing.
Mayor Stearns suggested a joint meeting of the City Council and Police
Station Building Committee to discuss and review the two proposals. It
was moved by Alderman Mlinar to take no action and to establish a spe-
cial meeting date of November 18, 1985 at 5:00 P.M. in the Fire Station
Conference Room to further discuss the financing alternatives. Motion
seconded by Alderman Carls and carried unanimously.
RECESS: The Council adjourned at 9:50 P.M. for a five minute recess.
(f) REPORT FROM PERSONNEL COORDINATOR ON STATUS OF JOB DESCRIPTIONS FOR
SALARIED EMPLOYEES
Personnel Coordinator Sitz reported on the status of the salaried em-
ployees' job descriptions. No action was taken.
7. RESOLUTIONS AND ORDINANCES
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CITY COUNCIL MINUTES - NOVEMBER 12, 1985
• (a) ORDINANCE NO. 16/85 - AN ORDINANCE ESTABLISHING DESIGNATED MUNICIPAL
STREETS AS "TRUCK ROUTES"
Alderman Torgerson moved to waive second reading and adopt Ordinance
No. 724. Motion seconded by Alderman Mlinar and unanimously carried.
(b) RESOLUTION NO. 8150 - TRANSFERRING $25,000 FROM LIQUOR STORE TO GENERAL
FUND
The motion was made by Alderman Carls, seconded by Alderman Torgerson,
to waive reading and adopt Resolution No. 8150. Motion carried unani-
mously.
(c) RESOLUTION NO. 8151 - RESOLUTION OF- APPRECIATION TO WARD HAUGEN
Mayor Stearns read Resolution No. 8151 and presented it to Ward Haugen.
Alderman Mlinar moved to adopt Resolution No. 8151. Motion seconded by
Alderman Torgerson and unanimously carried.
8. UNFINISHED BUSINESS
(a) REPORT ON STATUS OF FIRE STATION HEATING SYSTEM
Fire Chief Henke reported that the majority of the repair work on the
heating system would be completed within a day or two. The counterflow
furnaces were inspected by the Carrier field service representative,
and it was recommended that the heat exchangers be replaced within the
next two years.
(b) CONSIDERATION OF AWARDING BID FOR 1985 GRADING PROJECT
(DEFERRED OCTOBER 22, 1985)
Following discussion, the motion was made by Alderman Torgerson to ap-
prove and award the contract to Erickson & Templin for $45,563.90 and
to waive reading and adopt Resolution No. 8155. Motion seconded by
Alderman Carls and carried unanimously.
(c) CONSIDERATION OF APPOINTING CITY SOLID WASTE MANAGEMENT COMMITTEE
After discussion, Alderman Carls moved to defer action until the next
regular Council meeting. Alderman Mlinar seconded the motion and car-
ried unanimously.
9. NEW BUSINESS
(a) CONSIDERATION OF PRELIMINARY BREATH TESTS INSTRUMENTS FOR POLICE
DEPARTMENT
• Following discussion, it was moved by Alderman Mikulecky, seconded by
Alderman Torgerson, to approve entering into an agreement and to waive
7
CITY COUNCIL MINUTES - NOVEMBER 12, 1985
reading and adopt Resolution No. 8154. Motion unanimously carried.
(b) CONSIDERATION OF FARMLAND LEASE BETWEEN CITY AND KURT AND KENTON
KNUTSON
City Administrator Plotz reviewed the background of the farmland lease.
After discussion, Alderman Torgerson moved to approve the farmland
lease for $50 an acre for the three -year period of 1986 -88. Motion
seconded by Alderman Mikulecky and carried unanimously.
(c) CONSIDERATION OF INSTALLATION OF CATCH BASIN IN ARENA FACILITY PARKING
LOT
City Engineer Priebe commented on the need for two additional catch
basins in the arena parking lot. It was also the recommendation of the
Parks and Recreation Board to install the catch basins. —
Following discussion, Alderman Mlinar moved to approve installation of
two catch basins in the arena parking lot. Motion seconded by Alder-
man Torgerson and unanimously carried.
(d) CONSIDERATION OF RECOMMENDATION OF PERSONNEL CHANGE IN PARKS AND
RECREATION DEPARTMENT
Personnel Coordinator Sitz reported that two employees in the depart-
ment had requested to reduce their positions to part -time. Therefore,
it would be necessary to add another full -time person to the staff.
After discussion, it was moved by Alderman Carls to approve the per-
sonnel change. Motion seconded by Alderman Mlinar and carried unani-
mously.
(e) CONSIDERATION OF NEW PERFORMANCE APPRAISAL FORMAT FOR SALARIED
EMPLOYEES
City Administrator Plotz reviewed the proposed performance appraisal
format for salaried employees. He suggested that goals and objectives
be included with the performance review.
Following discussion, Alderman Torgerson moved to approve the new for-
mat and to include it in the City policy booklet. Alderman Mikulecky
seconded the motion, and it unanimously carried.
(f) CONSIDERATION OF ORDINANCE ON SALE OF HOSPITAL PROPERTY TO RETIREMENT
LIVING COMMUNITIES, INC.
City Attorney Schaefer reported that the terms of the purchase agree-
ment had been met and the required payment received from Retirement .
Living Communities, Inc. Therefore, the ordinance for sale of the hos-
pital property could be adopted.
E -?
CITY COUNCIL MINUTES - NOVEMBER 12, 1985
• Alderman Torgerson moved to waive first reading of Ordinance No. 17/85
and to set the second reading for November 26, 1985. Motion seconded
by Alderman Mlinar and carried unanimously.
(g) CONSIDERATION OF SOIL BORINGS FOR WASTEWATER TREATMENT PLANT
Following discussion, Alderman Mlinar moved to approve the low bid to
Braun Engineering Testing, Inc. for $2,717 to do soil borings. Alder-
man Mikulecky seconded the motion and unanimously carried.
(h) CONSIDERATION OF ENGINEER'S REPORT ON KIMBERLY COUNTRY ESTATES
IMPROVEMENT PROJECT
City Engineer Priebe reported that improvement project No. 86 -04 would
be for construction of gravel base, curb and gutter on Hilltop Drive
and Lindy Lane in Kimberly Country Estates. The estimated cost of the
project was $1 -9,200. -
After discussion, the motion was made by Alderman Mikulecky, seconded
by Alderman Mlinar, to approve the engineer's report, to set a public
hearing for December 10, 1985 at 8 :00 P.M. and to waive reading and
adopt Resolution No. 8152. Motion carried unanimously.
(i) CONSIDERATION OF ORDERING PREPARATION OF ENGINEER'S REPORT ON
NORTHWOODS AVENUE IMPROVEMENT
City Engineer Priebe reported that Merrill Lipke had requested street
improvement for Northwoods Avenue in Hillcrest Addition.
Following discussion, Alderman Torgerson moved to approve ordering an
engineer's report on the Northwoods Avenue improvement. Motion sec-
onded by Alderman Mlinar and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz commented on the upcoming public hearing re-
garding the sewage treatment plant ordinance. He stated testing had
been done for metal content in the discharge water, and there were four
different standards to be considered.
Mr. Plotz requested clarification from the Council regarding merit in-
creases for the last 12 months and suggested a special meeting be held
to discuss this item as well as the adjustment factor on January 1,
1986. It was suggested that each department present to the Council a
recommendation on the cost of living increase. The date of December 5,
1985 at 7 :00 P.M. in the Fire Station conference room was established
for this special meeting.
The State Municipal Board requested representatives from the City and
9
CITY COUNCIL MINUTES - NOVEMBER 12, 1985
townships meet on November 21, 1985, 7:00 P.M. in City Hall to discuss
a joint orderly annexation agreement.
It was reported that Dwayne Knigge had requested a Transient Merchants
Permit for December 20 -21, 1985 to sell television sets at the Americ
Inn. Following discussion, Alderman Mlinar moved to approve the re-
quest and to issue the permit. Motion seconded by Alderman Carls and
unanimously carried.
The City recently received a letter from the League of Minnesota Cities
reporting on the status of the Fair Labor Standareds Act Legislation
regarding compensatory time. The bill was passed by Congress and is
expected to be signed by President Reagan next week. Administrator
Plotz suggested extending the-City's deadline for using banked compen-
satory time.
- (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS
Alderman Carls inquired if anyone had responded to the letter received
regarding landscaping at the civic arena.
Parks and Recreation Director Ericson reported the purpose of the land-
scaping was to provide drainage on the north side and front of the
arena. The Parks Board felt the arena landscaping should stay the same.
Also, the Parks Board would like to be consulted regarding any future
landscaping involving park areas.
The City Attorney was asked to determine if there was any City ordi-
nance regarding barking dogs.
(c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Priebe reported that Kraus - Anderson wanted to expand its
building facility to the west at Plaza 15. Since the project would
interfere with the' roadway, Mr. Priebe contacted the highway depart-
ment. A meeting was scheduled with the highway department for Novem-
ber 15 to discuss this matter.
It was reported that City staff needed authorization from the Council
to sign a DNR permit application regarding river crossing for the sew-
age plant and to pay the $100 fee. Following discussion, Alderman
Mlinar moved to approve the permit and fee payment. Motion seconded by
Alderman Torgerson and carried unanimously.
The City Engineer stated he needed Council permission to sign the fol-
lowing three applications regarding river crossing for the sewage plant:
B /N, MN /DOT, and Core of Engineers. The motion was made by Alderman
Mlinar, seconded by Alderman Mikulecky, to authorize signatures. Mo-
tion unanimously carried.
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CITY COUNCIL MINUTES - NOVEMBER 12, 1985
(d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson pointed out that the scheduled December 24 Council
meeting was on Christmas Eve. Following discussion, it was the con-
sensus of the Council to combine this regular meeting with the special
organizational Council meeting on January 2, 1986 at 7:00 P.M.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Mikulecky, seconded by Alderman Torger-
son, to approve the claims and authorize payment from the appropriate
funds. Motion unanimously carried. -
12. ADJOURNMENT
There being no further business, the meeting adjourned at 10:50 P.M.
11
MINUTES
SPECIAL CITY COUNCIL MEETING
MONDAY, NOVEMBER 18, 1985
Mayor Stearns called the special joint meeting of City Council and Police Sta-
tion Building Committee to order at 5:00 P.M. in the fire station conference
room. Present were: Mayor Robert H. Stearns, Alderman Mike Carls, Alderman John
Mlinar, Alderman Pat Mikulecky, Alderman Marlin Torgerson, Mayor -Elect Paul Ack-
land, City Administrator Gary D. Plotz, Finance Director Kenneth B. Merrill,
City Attorney James Schaefer, Police Chief Dean O'Borksy, Officer Chuck Jones,
Sgt. John Gregor, Chairman Chad Piehl, Dick Burgart, Pat Durfee, Norm Tulman,
Phyllis Hegrenes, and Secretary Nancy Buss.
City Attorney Jim Schaefer gave a presentation regarding advisory elections. He
recommended that such a referendum was inappropriate for our city since it is
non - binding. There is no statutory requirement to do so, and it is not required
by the City Charter. Attorney Schaefer also advised that the private financing
is legal and the letters of reference are included in the City Council packet.
Chairman Chad Piehl presented the building committee's recommendation and pro-
posal regarding financing. The committee members unanimously felt that private
16 financing should be used to build the police facility. They felt that a bond
issue would fail.
There was a question and answer period regarding both private and public fi-
nancing. Alderman Mike Carls felt that if the police station was financed pri-
vately, he was not sure but that the city would have to cut personnel to make
the annual payment. Finance Director Merrill and Administrator Plotz didn't feel
there would be a problem and said that phasing in the annual payment is accept-
able. They agreed the City can afford to do this and both recommended private
financing.
Mayor Stearns and Alderman Torgerson indicated they were in favor of private fi-
nancing, Aldermen Carls and Mlinar were undecided, and Alderman Mikulecky was
against it. Aldermen Mlinar and Carls requested a public hearing. After agree-
ing to a December 10 public hearing date, the meeting was closed at 8:15 P.M.
OCTOBER
REVENUE REPORT - GENERAL FUND
CITY OF HUTCHINSON FINANCIAL REPORT - 1985 OCTOBER
OCT. YEAR TO ADOPTED BALANCE PERCENTAGE
ACTUAL DATE ACTUAL BUDGET REMAINING USED
TAXES
350000.00
857462.24
1233985.00
376522.76
0.69
LICENSES
2515.00
16530.25
17000.00
469.75
0.97
PERMITS AND FEES
15449.29
83577.96
45700.00
- 37877.96
1.83
INTER - GOVERNMENT REVENUE
178300.35
844193.31
903321.00
59127.69
0.93
CHARGES FOR SERVICES
13312.82
387920.95
374345.00
-13575.95
1.04
FINES & FORFEITS
1644.81
22866.92
23000.00
131.08
0.99
MISCELLANEOUS REVENUE
11832.78
139377.83
182384.00
43006.17
0.76
CONTRIBUTIONS FROM OTHER FUNDS
42000.00
267500.00
479000.00
211500.00
0.56
REVENUE FOR OTHER AGENCIES
567.38
2840.68
300.00
- 2540.68
9.47
TOTAL
EXPENSE REPORT
GENERAL FUND
MAYOR & COUNCIL
CITY ADM. /CITY CLERK
ELECTIONS
FINANCE
MOTOR VEHICLE
ASSESSING
aLEGAL
PLANNING
CITY HALL
POLICE DEPARTMENT
FIRE DEPARTMENT
COMMUNITY SERVICE OFFICER
PROTECTIVE INSPECTIONS
CIVIL DEFENSE
SAFETY COUNCIL
FIRE MARSHALL
ENGINEERING
STREETS & ALLEYS
STREET MAINTENANCE A/C
LIBRARY
SENIOR CITIZEN CENTER
PARK /REC. ADMIN.
RECREATION
CIVIC ARENA
PARK: DEPARTMENT
RECREATION BUILDING
CEMETERY
COMMUNITY DEVELOPMENT
LAWCON
DEBT SERVICE
AIRPORT
• TRANSIT
UNALLOCATED
615622.43 2622272.14 3259035.00 636762.86 0.80
1566.69
25666.70
27960.00
2293.30
0.92
9937.58
105272.81
124809.00
19536.19
0.84
1890.83
1890.83
9346.00
7455.17
0.20
14593.85
157281.65
188659.00
31377.35
0.83
51BB.59
55066.71
66276.00
11209.29
0.83
19671.60
19671.60
19672.00
0.40
1.00
2401.39
28834.86
41618.00
12783.14
0.69
124.66
4151.24
26475.00
22323.76
0.16
2385.19
28913.73
41151.00
12237.27
0.70
67086.13
602208.56
701951.00
99742.44
0.86
1575.11
125331.27
109938.00
- 15393.27
1.14
3817.43
27606.54
34228.00
6621.46
0.81
6405.42
61967.55
74279.00
12311.45
0.83
61.17
323.57
1175.00
851.43
0.28
0.00
0.00
150.00
150.00
0.00
3734.10
31799.87
39576.00
7776.13
0.80
14447.91
147105.58
168649.00
21543.42
0.87
53449.30
295116.51
356499.00
61382.49
0.83
5193.76
55376.71
68825.00
13448.29
0.60
775.83
65576.11
62314.00
- 3262.11
1.05
4043.26
42306.01
37683.00
- 4623.01
.1.12
5476.99
50875.59
76353.00
25477.41
0.67
6320.52
85523.01
98204.00
12680.99
0.87
12549.82
93890.71
1133192.00
19301.29
0.83
39307.50
300172.63
342028.00
41855.37
0.88
0.00
0.00
13728.00
13728.00
0.00
4833.03
32741.00
41036.00
8295.00
0.80
2475.24
22654.23
32550.00
9895.77
0.70
1017.50
85532.23
17125.00
- 68407.23
4.99
0.00
38946.10
45946.00
6999.90
0.85
2159.44
43621.94
60925.00
17303.06
0.72
5653.12
61009.28
81625.00
20615.72
0.75
33886.57
251636.96
135090.00
- 116546.96
1.86
TOTAL 332029.53 2948072.09 329035.00 310962.91 0.90
// -..a (t)
•
0
r
OCTOBER
REVENUE REPORT - LIQUOR FUND
LIQUOR SALES
WINE SALES
BEER SALES
BEER DEPOSITS
MISC. SALES
INTEREST
CASH DISCOUNTS
TOTAL
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
SUPPLIES, REPAIR & MAINTENANCE
OTHER SERVICES & CHARGES
MISCELLANEOUS
CAPITAL OUTLAY
DEBT SERVICE
TRANSFERS
COST OF SALES
OTHER
TOTAL
REVENUE REPORT - WATER
SEWER /FUND
FEDERAL GRANTS
WATER SALES
WATER METER SALES
REFUSE SERVICES
SEWER SERVICES
EPA SALES
PENALTY CHARGES.
INTEREST EARNED
REFUNDS & REIMBURSEMENTS
OTHER
TOTAL
EXPENSE REPORT - WATER
SEWER /FUND
• OPERATIONS
WATER
SEWER
TOTAL
CITY OF HUTCHINSON FINANCIAL REPORT - 1985 OCTOBER
ENTERPRISE FUNDS
OCT. YEAR TO ADOPTED BALANCE PERCENTAGE
ACTUAL DATE ACTUAL BUDGET REMAINING USED
27701.02 302127.78 410000.00 107872.22
9638.62
99997.52
125000.00
25002.48
45676.37
523501.38
590000.00
66498.62
- 245.56
- 1188.77
0.00
1188.77
2842.95
27047.27
0.00
- 27047.27
632.48
5190.60
5110.00
5110.00
-58.01
- 2031.25
0.00
2031.25
86187.87 954644.53 1125000.00 170355.47
9179.05 114964.80 132154.00 17189.20
254.94
3217.67
4700.00
1482.33
5949.31
23663.60
29000.00
5336.40
0.00
527.00
9050.00
8523.00
0.00
4058.39
13700.00
9641.61
0.00
0.00
5110.00
5110.00
25000.00
65000.00
110000.00
45000.00
68991.29
731548.90
831050.00
99501.10
0.00
0.00
9490.00
9490.00
109374.59 942980.36 1144254.00 201273.64
0.00 5826.00
38099.22 372051.10
1043.50 6242.00
18706.54 214373.63
42765.04 461507.34
12261.24 67231.82
696.50 6354.17
- 1150.70 15878.91
0.00 974.26
100.50 1859.82
0.00
460000.00
5000.00
236000.00
615000.00
6300.00
28000.00
2000.00
2500.00
- 5826.00
87948.90
- 1242.00
21626.37
153492.66
-54.17
12121.09
1025.74
640.18
112521.84 1152299.05 1354800.00 202500.95
21633.75 216251.83 238000.00 21746.17
134430.48 539640.79 1068928.00 529287.21
118356.79 945372.22 630142.00 - 315230.22
274421.02 1701264.84 1937070.00 235805.16
0.74
0.80
0.89
0.85
0.87
0.68
0.82
0.06
0.00
0.00
0.59
0.88
0.00
0.82
0.00
0.81
1.25
0.91
0.75
0.00
0.57
0.00
0.74
0.85
0.91
0.50
1.50
0.88
40 1. CPLL TO ORDER
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, October 15, 1985
The meeting was called to order by Chairman Roland Ebent at 7:30 p.m.,
with the following members present: Elsa Young, Don Erickson, Thomas
Lyke, Shu -Mei Hwang, Larry Romo, Marlin Torgerson (7:50 p.m.) and Chairman
Ebent.,. Members absent: None. Also present: City Administrator Gary D.
Plotz, City Attorney James Schaefer, Director of Engineering Marlow
Priebe, Building Official Homer Pittman, and Fire Marshal George Field.
2. MINUTES
Mr. Erickson made a motion to approve the minutes of the regular meeting
of Tuesday, September 17, 1985, as presented. Seconded by Mr. Hwang, the
motion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY HUTCH AGRI-
TECH
Chairman Ebent opened the public hearing at 7:32 p.m. with the
reading of publication #3469 as published in the Hutchinson Leader on
Thursday, October 3, 1985. The request is for a conditional use
permit to allow the construction of a 14' by 60' and 52' by 70'
addition to an existing stucture located at 15 Monroe Street, which
is in and IC -1 zone.
Chairman Ebent explained that the Planning Commission had previously
(July 16, 1985) approved a conditional use permit authorizing Hutch
Agri-Tech to construct a 48' by 65' and 12' by 60' addition. Upon
inspection, the Building Official had discovered that the addition
was actually 14' by 60' and 52' by 70', and advised Hutch Agri -Tech
that they needed another conditional use permit and a variance to a
allow a 52' loading space, to allow the larger dimensions.
City Administrator Plotz commented that Hutch Agri -Tech continued
with the construction "at their own risk ", while the second
conditional use permit and variance were being considered.
Chairmen Ebent commented that after talking with Mr. Mark Mortenson
of Hutch Agri -Tech and seeing the building plans, he felt that they
had intended to build the larger building without proper approval,
but it had been caught by the Building Official. He further stated
that the Planning Commission should be careful of those who might go
ahead with a project first and then expect the Planning Commission to
get it to conform.
After discussion, Mr. Erickson made a motion to close the public
hearing. Seconded by Mr. Romo, the motion carried unanimously, and
the hearing was closed at 7:37 p.m. Mr. Hwang made a motion to
recommend to City Council approval of the conditional use permit as
�, -Q cam)
PLANNING COMMISSION MINUTES - 10/15/85
requested, based on recommendation of staff as written. (Staff recom-
mends approval of the revised layout showing a 9' setback, 52' loading
space, 70' and 14' additions, contingent upon applicant surfacing
loading space area with concrete, as shown, by October 1, 1986, and
surfacing parking spaces behind existing building with concrete or as
required by City Ordinance by October 1, 1986. No outside storage of
materials after building addition is occupied and no loading done
from the existing building structure.) Seconded by Mr. Erickson,
the motion carried unanimously.
(b) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY HUTCH AGRI -TECH
Chairman Ebent opened the public hearing at 7:37 p.m. with the
reading of publication #3470 as published in the Hutchinson Leader on
Thursday, October 3, 1985. The request is for a 13' variance to
allow a 52' loading area on property located at 15 Monroe Street.
Mr. Erickson made a motion to close the hearing. Seconded by Mr.
Romo, the motion carried unanimously and the hearing was closed at
7:38 p.m. Mr. Romo made a motion to recommend to City Council
approval of the variance as requested. Seconded by Mr. Hwang, the
motion carried unanimously.
(c) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF MILLER TOWNHOUSE
FOURTH ADDITION
Chairman Ebent opened the public hearing at 7:38 p.m. with the
reading of publication #3471 as published in the Hutchinson Leader on
Thursday, October 3, 1985. The request is for the approval of the
preliminary and final platting of Miller Townhouse Fourth Addition.
Chairman Ebent explained that this plat i s part of a P.U.D.
previously approved by the Commission and that staff recommends
approval as it is in accordance with that P.U.O.
Mr. Erickson made a motion to close the hearing. Seconded by Mr.
Romo, the motion carried unanimously and the hearing was closed at
7:40 p.m. Mr. Hwang made a motion to recommend to City Council
approval of the preliminary and final plat as requested. Seconded by
Mr. Romo, the motion carried unanimously.
(d) CONSIDERATION OF REZONING AS REQUESTED BY ASSEMBLY OF GOD CHURCH
Chairman Ebent opened the public hearing with the reading of
publication #3472 as published in the Hutchinson Leader on Thursday,
October 3, 1985. The request is to rezone property located north of
Hwy 7 West and east of California Street from R -3 (Multiple Family
Residence) to C -4 (Commercial).
City Administrator Plotz explained that the Assembly of God Church
had developed a possible subdivision of their property. Their
portion of the request would be a "squaring out" of property already
zoned C -4. It was the City's recommendation to extend the request to
include the Miller property adjoining on the west.
2
•I
PLANNING COMMISSION MINUTES - 10/15/85
Mr. Dean Bemis, Route 1, Hutchinson, neighboring property owner,
asked what is proposed for the lots and what street access would
there be to the property? Director Priebe explained that there
were different people interested in building different commercial
structures -- exactly what they were, he didn't know. Since the land
is to be subdivided someday, he suggested they submit a proposed
subdivision so that we could see how the rezoning could match with
it. He further - explained that the line designating the C -4 that now
exists was drawn before anything was planned for that property, so
they measured a certain distance from Hwy 7 and drew the line
parallel to the highway. Director Preibe also stated that he
thought they would get access from Hwy. 7.
Mr. Bemis stated he has no objection to the rezoning but he is
concerned about truck traffic on California Street. With the
development of commercial, there might be semi - trucks driving out on
California Street. Director Priebe responded that California is a
"state aid" street which permits truck traffic regardless of how the
property is zoned.
Director Priebe explained that the staff had recommended that the
site plan requirement be waived for this rezoning because it is in an
undeveloped area. City Attorney Schaefer stated he had no objection
to the rezoning itself, but he felt that as long as the Planning
Commission had stipulated requiring a site plan for rezoning to avoid
speculative zoning, the rezoning should not be approved until a site
plan with a specific use is presented.
It was the consensus of the Planning Commission members that they
would like to see a site plan for the proposed rezoning as well as a
specific initial use identified.
Mr. Torgerson made a motion to close the public hearing. Seconded by
Mr. Erickson, the motion carried unanimously and the hearing was
closed at 8:05 p.m. After discussion, Mr. Torgerson made a motion to
reopen the hearing. Seconded by Mrs. Young, the motion carried
unanimously and the hearing was reopened at 8:07 pm. Mr. Torgerson
made a motion to continue the hearing until a site plan is provided,
with notification being sent to affected property owners. Seconded
by Mr. Hwang, the.motion carried unanimously.
4. OLD BUSINESS
(a) REVIEW OF CHANGES IN SUBDIVISION ORDINANCE #466
After review of proposed changes and some additional changes to
Subdivision Ordinance #466, Mr. Erickson made a motion to set a
public hearing on all of the proposed changes at the next regular
meeting on Tuesday, November 19, 1985. Seconded by Mr. Torgerson,
the motion carried unanimously.
5. NEW BUSINESS
(a) PRESENTATION OF REZONING PROPOSAL BY JOHN KORNGIEBEL
3
PLANNING COMMISSION MINUTES - 10/15/85
Postponed to November 19.
(b) JORGENSON RTWO EZONING
MIL E REQUEST
US)
SUBMITTED TO THE COUNTY BY JOHN
Chairman Ebent explained that this is property located north of KDUZ
and that the request has been approved by the township.
After discussion, Mr. Erickson made a motion to state that the
Planning Commission has no objection to the rezoning request as it
conforms with the City's Comprehensive Plan. Seconded by Mr. Romo,
the motion carried unanimously.
(c) CONSIDERATION OF NEW HOUSING CODE ORDINANCE
Building Official Pittman and Fire Marshal Field presented a proposed
Rental Dwelling Registration Code Ordinance. Mr. Pittman stated that
they had used the St. Cloud code as a model, but had changed several
items to make it pertain to the City of Hutchinson, including lower
fees and penalties for not registering. He further stated that he is
continually receiving complaints from renters about substandard
rental units. It is their feeling that it is necessary to register
rental units for safety reasons. Fire Chief Orlin Henke was present
to state his support for the new code.
During discussion concerns were raised about criteria for inspection.
Building Official Pittman explained that they would use the Minnesota
Uniform Building Code and Fire Code to keep criteria consistent.
Penalties for noncompliance are spelled out in the code. Results of
the inspections would be provided to the property owner, or the local
person in charge of the building. Reasonable time limits would be
established to allow the owners of rental property time to come into
compliance with the code. It was also noted that the building
department feels that they would be able to do the registration
without additional help during the mid - winter months when building is
slower.
After discussion, Mr. Torgerson made a motion to set a public hearing
on the proposed Rental Dwelling Registration Code for Tuesday,
November 19, 1985. Seconded by Mr. Hwang, the motion carried
unanimously. Fire Marshal Field stated that before the hearing a
brief presentation could be.provided. A news story on the proposed
code would be helpful in informing the public of the proposal.
Public notice of the hearing will be put in the Hutchinson Leader.
(d) REVIEW OF AMENDMENT TO ZONING ORDINANCE 464, SECTION 6.09
City Attorney Schaefer explained that in order for the City to make
any changes in the fees it charges for conditional use permits,
variances, etc., the zoning ordinance has to be amended. By taking
the fee schedule out of the ordinance, the City Council could make
the changes without amending the ordinance.
After discussion, Mrs. Young made a motion to set a public hearing
to consider an amendment to delete the fee schedule from Zoning
4
r�
U
•
0
PLANNING COMMISSION MINUTES - 10/15/85
Ordinance #464, for Tuesday, November 19, 1985. Seconded by Mr.
Hwang, the motion carried unanimously.
. (e) REVIEW OF TAX INCREMENT AMENDMENT TO FACILITATE CONNECTOR TRACT TO
INDUSTRIAL PARK AND SPUR LINE ADJACENT TO FARMER'S ELEVATOR
City Administrator Plotz explained that the City Council will be
considering an amendment to the tax increment plan to allow the
aforementioned connector tract and spur line. He noted that the
Planning Commission should make a recommendation based on whether or
not the proposal is compatible with the Comprehensive Plan. He
further stated that the County has recommended approval of the
amendment because of the help it would provide to the Farmer's
Elevator.
After discussion, Mr. Romo made a motion to recommend approval of the
tax increment amendment as, in concept, it is in accordance with the
Comprehensive Plan. Seconded by Mr. Hwang, the motion carried
unanimously.
6. ADJOURNMENT
There being no further business, Mr. Torgerson made a motion to adjourn
the meeting. Seconded by Mrs. Young, the motion carried unanimously and
the meeting was adjourned at 9:10 p.m.
•
:o
0
5
PUBLISHED IN THE HUTCHINSON LEADER
THURSDAY, OCTOBER 24, 1985 AND
THURSDAY, OCTOBER 31, 1985
0
f PUBLICATION NO. 3479
NOTICE OF PUBLIC HEARING REGARDING THE ADOPTION OF
THE INDUSTRIAL WASTEWATER PRETREATMENT ORDINANCE
CITY OF HUTCHINSON, MINNESOTA
We hereby provide notice that a Public Hearing will be held at 8 :00 P.M.
on November 26, 1985 at the Hutchinson City Hall, Council Chambers, 37 Wash -
ineton Avenue West, Hutchinson, Minnesota.
The public hearing is in regard to the adoption of the Industrial Waste-
water Pretreatment Ordinance. Copies of the Industrial Wastewater Pretreat-
ment Ordinance are available for review at the City Clerk's office at the City
Hall.
U
DATED: October 22, 1985
•
Gary D. lotz
City Clerk
5 -d_
M E M O R A N D U M
DATE: November 22, 1985
TO: Mayor & City Council-------------- - - - - --
FROM: Gary D. Plotz, City Administrator — — — — — — — — — — — — —
SUBJECT: Proposed Industrial Wastewater Pretreatment Ordinance — — —
The industries most affected by the proposed wastewater pretreatment ordinance
(3M, Hutchinson Technology and Ty's Metal) have reported to me through Gary
Gabe of Pace Laboratories that they are in agreement with the text of the pro-
posed ordinance andyt 'at � the rresent time, the limits on metals required by MPCA.
As you may recall., copper and zinc were the two metals in which the City /indus-
try /Donohue & Associates were requested to be increased in terms of pounds per
day. The MPCA acquiesced with our request to go with the higher zinc limit;
however., it has not raised the copper limit beyond the 1.31 pounds per day.
At this time industry feels it can live with this limit 0*1 copper in the inter-
est of keeping the City on schedule with construction, planning and ordinance
adoption as required by the MPCA. Industry has requested MPCA to continue study-
ing whether or not this limit can be raised in the future which in part depends
upon the operation and efficiency of metal removal at the new plant.
There will be some minor text changes passed out at the public hearing by CED/
Donohue & Associates in response to MPCA's letter of November 20 (enclosed in
packet).
Mr. Jim Hagley of CED /Donohue will be out in the afternoon of Tuesday, November 26,
in preparation for the Council meeting and to answer any questions from staff or
Council members on an individual basis.
/mS
s a,
t
INDUSTRIAL WASTEWATER PRETREATMENT ORDINANCE
FOR
THE CITY OF HUTCHINSON, MINNESOTA
October, 1985
•
3--g-1
n
TABLE OF CONTENTS •
PAGE
TABLE OF CONTENTS i
LIST OF APPENDICES iii
CHAPTER
1 GENERAL PROVISIONS
1.01 Purpose and Policy 1 -1
1.02 Definitions 1 -1
2 REGULATIONS
2.01 General Discharge Prohibitions
2 -1
2.02 Limitations on Wastewater Strength
2 -3
2.02.1 National Categorical Pretreatment
Standards
2 -3
2.02.2 State Requirements
2 -3
2.02.3 City's Right of Revision
2 -4
2.02.4 Dilution
2 -4
2.02.5 Supplementary Limitations
2 -4
2.03 Accidental Discharges
2 -4
3 FEES
3.01 Purpose
3 -1
3.02 Charges and Fees
3 -1
4 ADMINISTRATION
4.01 Wastewater Discharge Permits
4 -1
4.01.1 Mandatory Permits
4 -1
4.01.2 Permit Applications
4 -1
4.01.3 Permit Conditions
4 -1
4.01.4 Permit Duration and Renewal
4 -3
4.01.5 Permit Modifications
4 -3
4.01.6 Permit Transfer
4 -4
4.02 Self- Monitoring Reports
4 -4
4.03 Monitoring Facilities
4 -5
4.04 Inspection, Sampling, and Analysis
4 -5
4.05 Pretreatment
4 -6
4.06 Confidential Information
4 -6
4.07 Sludges Generated
4 -7
4.08 Final Compliance Date Reporting Requirements
4 -7
i
0
•
5
ENFORCEMENT
5.01 Emergency Suspension of Service and
Wastewater Discharge Permit
5 -1
5.02 Revocation of Permit
5 -1
5.03 Notification of Violation
5 -2
5.04 Show Cause Hearing
5-2
5.04.1 Notice of Hearing
5-2
5.04.2 Hearing Officials
5-2
5.04.3 Transcripts
5 -3
5.04.4 Issuance of Orders
5 -3
5.05 Legal Action
5 -3
5.06 Annual Publication
5 -3
5.07 Appeal to the City Council
5 -4
6
PENALTIES
6.01 Civil Penalties
6 -1
6.02 Costs of Damage
6 -1
6.03 Falsifying Information
6 -1
7
SEVERABILITY
7 -1
8
CONFLICT
8 -1
9
EFFECTIVE DATE
9 -1
ii
n
APPENDICES •
Title Appendix
Wastewater Discharge Permit - Application A
Wastewater Discharge Permit - Renewal Application B
Industrial Wastewater Discharge Self - Monitoring Report C
Industrial Wastewater Self - Monitoring Guidelines D
0
iii
• CHAPTER 1
GENERAL PROVISIONS
1.01 Purpose and Policy
This Ordinance sets forth uniform requirements for discharges to
the City's wastewater treatment system and enables the City to
comply with applicable State and Federal laws.
The objectives of this Ordinance are:
a) to prevent the introduction of pollutants into the wastewater
treatment system which will interfere with the operation of
the system, including the use or disposal of the sludge;
b) to prevent the introduction-of pollutants into the wastewater
treatment system which will pass through the system inade-
quately treated into receiving waters or otherwise be incom-
patible with the system; and
c) to improve the opportunities to recycle and reclaim waste-
waters and sludges.
• This Ordinance provides for the regulation of discharges into the
City's wastewater treatment system through the issuance of per-
mits to certain users and through enforcement of the general
requirements for the other users, authorizes monitoring and en-
forcement activities, requires user reporting, and provides for
the setting of fees for the equitable distribution of costs re-
sulting from the program established herein.
This Ordinance shall apply to the City of Hutchinson, Minnesota,
and to persons outside the City who are, by contract or agreement
with the City, users of the City wastewater treatment system.
This Ordinance is a supplement to Ordinance No. , as
amended. Except as otherwise provided herein, the City ngineer
shall implement, administer, and enforce the provisions of this
Ordinance.
1.02 Definitions
Unless the context specifically indicates otherwise, the follow-
ing terms, as used in this Ordinance, shall have the meanings
hereinafter designated:
a) "Act" - The Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33.U.S.C.1251,et seq.
1 -1
b) "Biochemical Oxygen Demand (HOD)" - The quantity of oxygen •
utilized in t e ioc emica oxi ation of organic matter under
standard laboratory procedure in five (5) days at 20° Celsius
expressed in terms of weight and concentration (milligrams
per liter (mg /1)).
c) "City" - The City of Hutchinson, Minnesota, or the City
Council of Hutchinson, Minnesota.
d) "City Engineer" - The City Engineer of Hutchinson, Minnesota,
or his duly authorized representative.
e) "General Pretreatment Regulations" - The general pretreatment
regulations for existing and new sources of pollution promul-
gated by the EPA under Section 307(b) and (c) of the Act and
found at 40 CFR Part 403.
f) "Industrial User" - A person who discharges to City's waste-
water treatment system liquid wastes resulting from the pro-
cesses employed in industrial, manufacturing, trade, or
business establishments, or from the development of any
natural resource.
g) "Interference" - A discharge by an Industrial User which,
alone or in conjunction with discharges by other sources,
inhibits or disrupts the City's wastewater collection and
treatment facilities, its treatment processes or operations,
or its sludge processes, use of disposal and which is a cause
of a violation of any requirement of the City's NPDES permit
(including an increase in the magnitude or duration of a
violation) or State Disposal System Permit, or of the preven-
tion of sewage sludge use of disposal by the City in
accordance with the following statutory provisions and
regulations or permits issued thereunder (or more stringent
State or local regulations): Section 405 of the Clean-Water
Act, the Solid Waste Disposal Act (SWDA) (including Title II,
more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), and including State regulations
contained in any State sludge management plan prepared pur-
suant to Subtitle D or the SWDA), the Clean Air Act, the
Toxic Substance Control Act, and the Marine Protection
Research and Sanctuaries Act.
h) "National Categorical Pretreatment Standards" - National
Pretreatment Standard specifying quantities or concentrations
of pollutants or pollutant properties which may be discharged
or introduced into the City's wastewater treatment system by
specific Industrial Users.
1 -2
"National Pollutant Discharge Elimination System (NPDES)
Permit - Any permit or requirements issued by the Minnesota
Pion Control Agency (MPCA) pursuant to the Federal Water
Pollution Control Act, as amended, for the purpose of
regulating the discharge of wastewater, industrial wastes, or
other wastes under the authority of Section 402 of the Act.
D "Non- contact Cooling Water" - The water discharged from any
use such as air conditioning, cooling or refrigeration, or
during which the only pollutant added to the water is heat.
k) "Person" - The State or any agency or institution thereof,
any municipality, governmental subdivision, public or private
corporation, individual, partnership, or other entity,
including, but not limited to, association, commission or any
interstate body, and including any officer or governing or
managing body of any municipality, governmental subdivision
or public or private corporation, or other entity.
1) "PH" - The logarithm (base 10) of the reciprocal of the con-
centration of hydrogen ions in moles per liter.
m) "Pretreatment" - The process of equalizing or reducing the
amount of poIlutants, eliminating pollutants, or altering the
nature of pollutant properties in wastewater to a less harm-
. ful state prior to or in lieu of discharging or otherwise
introducing such pollutants into the City's wastewater treat-
ment system. The reduction, elimination, or alteration may
be obtained by physical, chemical, or biological processes,
process changes or other means, except as prohibited by
Section 2.02.4 of this Ordinance.
•
n) "Shall" - is mandatory; "May" - is permissive.
o) "Significant Industrial User" - Any Industrial User of the
City's wastewater treatment system which (i) has a discharge
flow of 25,000 gallons or more per average work day, or (ii)
has a flow greater than 5 percent of the flow in the City's
wastewater treatment system, or (iii) has in its wastes toxic
pollutants as defined pursuant to Section 307 of the Act or
Minnesota Statutes and rules,. or (iv) has a significant
impact, either singly or in combination with other contribut-
ing industries, on the wastewater treatment system, the
quality of sludge, the system's effluent quality, or air
emissions generated by the system.
p) "State" - State of Minnesota.
q) "State Disposal System Permit" - Any permit (including any
terms, conditions and requirements thereof), issued by the
1 -3
MPCA pursuant to Minnesota Statutes 115.07 for a treatment
system as defined by Minnesota Statutes 115.01 Subdivision 8.
r) "Storm Water" - Any flow
form of natural precipita,
s) "Sus ended Solids" - The
on the surface -o, or is
other liquids, and which
fiber filter.
occurring during or following any
tion and resulting therefrom.
total suspended matter that floats
suspended in, water, wastewater or
is- removable by a standard glass
t) "User" - Any person who discharges, causes or permits the
discharge of wastewater into the City's wastewater treatment
system.
u) "Wastewater" - The liquid and water - carried industrial or
domestic wastes from dwellings, commercial buildings,
industrial facilities, and institutions, together with any
groundwater, surface water, and storm water that may be
present, whether treated or untreated, which is discharged
into or permitted to enter the City's wastewater treatment
system.
v) "Wastewater Discharge Permit" or "Permit" - A permit issued
by the City to an Industrial User to use the City's waste- .
water treatment 'system, as established in Section 4.01 of
this Ordinance.
w) "Wastewater Treatment System" or "System" - Any devices,
acs sties, structures, equipment or works owned or used by
the City for the purpose of the transmission, storage, or
treatment of industrial and domestic wastewater including
intercepting sewers, outfall sewers, wastewater collection
system, pumping, power, and other I equipment, and their
appurtenances; extensions, improvements, remodeling,
additions, and alterations thereof; and any works, including
land, that will be an integral part of the treatment process
or is used for ultimate disposal of residues resulting from
such treatment.
x) "Waters of the State" - All
aquifers, irrigation systems,
bodies or accumulations of
natural or artificial, public
within, flow through, or bord
thereof.
streams, lakes, ponds, marshes,
drainage systems and all other
water, surface or underground,
or private, which are contained
er upon the State or any portion
Terms not otherwise defined herein shall be as given in Minnesota
Statutes, Chapters 115 and 115, as amended.
R /HUTCH2 /AA3
1 -4
0
CHAPTER 2
REGULATIONS
2.01 _ General Discharge Prohibitions
No user shall discharge or cause to be discharged, directly, or
indirectly, any of the- following described substances into the
wastewater treatment system or to any public sewer:
a) Any combustible, flammable or explosive liquids, solids, or
gases which by their nature or quantity will or are likely to
cause, either alone or by interaction with other substances,
a fire or explosion or be injurious to the wastewater treat-
ment system or to its operation. At no time shall two (2)
successive readings on an explosion hazard meter, at the
point of discharge into 'the system or at any point in the
system, be more than five percent (5 %) nor shall there by any
single reading over ten percent (10 %) of the Lower Explosive
Limit (LEL) of the meter. Prohibited materials include, but
are not limited to, gasoline, kerosene, naphtha, fuel oil,
benzene, toluene, xylene, ethers, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, and hydrides.
• b) Any solids or viscous substances which will or are likely to
cause obstruction to the flow in a sewer or interference with
the operation of the wastewater treatment system. These
include, but are not limited to, grease, garbage with
particles greater than one -half inch (1/2 ") in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastic, gas -tar, asphalt residues,
residues from refining or processing of fuel or lubricating
oil, mud or glass grinding or polishing wastes.
c) Any wastewater having a pH' less than 5.0 or more than 10.0,
or having a corrosive property that will or is likely to
cause damage or hazard to structures, equipment, and per-
sonnel of the wastewater treatment system.
d) Any wastewater containing toxic or poisonous pollutants in
sufficient quantity, either singly or by interaction with
other pollutants, to inhibit or disrupt any wastewater treat-
ment process, constitute a hazard to humans or animals, or
create a toxic effect in the receiving waters of the waste-
water treatment system. A toxic pollutant shall include, but
not be limited to, any pollutant identified pursuant to
• Section 307(a) of the Act.
2 -1
e) Any noxious or malodorous liquids, gases, or solids, which,
either singly or by interaction with other wastes, will or
are likely to create a public nuisance or hazard to life or
prevent entry into a sewer for its monitoring, maintenance,
and repair.
f) Any wastewater with objectionable color not removed in the
treatment process, including, but not limited to, dye wastes,
vegetable tanning solutions, and printing inks.
g) Heat in amounts which will or is likely to inhibit biological
activity in the wastewater treatment system resulting in
interference or damage to the system, but in no case heat in
such quantities that the industrial wastewater temperature is
greater than 150 °F (65.6 °C) at its point of discharge to
the system, or heat causing, individually or in combination
with other wastewater, the - influent at the wastewater treat-
ment plant to have a temperature exceeding 104 °F (40 0C).
h) Any slug load, which shall mean any pollutant, including
oxygen demanding pollutants (BOD, etc.), discharged in such
volume or strength as to cause interference to the wastewater
treatment system. In no case shall a slug load have a flow
rate or contain concentrations or quantities of pollutants
that exceed, for any time period longer than fifteen (15)
minutes, five (5) times the average twenty -four (24) hour
concentrations, quantities, or flow of the user during normal
operation.
i) Any unpolluted water, including non - contact cooling water,
rain water, storm water, or groundwater unless there is no
prudent and feasible alternative.
j) Any wastewater containing fat, wax, grease, or oils, whether
emulsified or not, in excess of 150 mg /l which may solidify
or become viscous at temperatures between 32 °F and 150°F(O °C
and 65.6 0C); and any wastewater containing oil and grease
concentrations of mineral origin of greater than 100 mg /l,
whether or not emulsified.
k) Any wastewater containing inert suspended solids (including
Fullers earth, lime slurries, and lime residues) or dissolved
solids (including sodium chloride and sodium sulfate) in such
quantities that will or is likely to cause interference with
the wastewater treatment system.
1) Any wastewater containing any radioactive wastes or isotopes
of such a half -life or concentration that they are in non-
compliance with standards issued by the appropriate authority
having control over their use and which will or are likely to
cause damage or hazards to the wastewater treatment system or
personnel operating it.
rte►,
0
•
iIn addition to these prohibitions, no user shall discharge to any
public sewer any discharge which causes interference, as defined,
with the wastewater treatment system. Pollutants in the effluent
from an Industrial User shall not be considered to cause inter-
ference where the Industrial User is in compliance with specific
prohibitions or standards developed by federal, state, or local
governments. Where the Industrial User is in compliance with
such specific prohibitions or standards, and pollutants in the
effluent from the Industrial User's facility nevertheless are
deemed to have caused or significantly contributed to a violation
of any requirements of the City's NPDES or State Disposal System
Permit, and are likely to cause such a violation in the future,
the City may take appropriate action to develop and enforce
specific effluent limits for that Industrial User to ensure
renewed and continued compliance with the City's NPDES or State
Disposal System Permit.
2.02 Limitations on Wastewater Strength
2.02.1 National Categorical Pretreatment Standards
National categorical pretreatment standards promulgated
by the U.S. Environmental Protection Agency (EPA)
pursuant to the Act shall be met by all users which are
• subject to such standards in any instance where they are
more stringent than the limitations in this Ordinance
unless the City Engineer has applied for and obtained
from the MPCA approval to modify the specific limits in
the national categorical pretreatment standards. When
requested, an application for modification of the
national categorical pretreatment standards will be
considered for submittal by the City Engineer when the
City's wastewater treatment system achieves consistent
removal of the pollutants. "Consistent removal" shall
be defined as in 40 CFR 403 of the "General Pretreatment
Regulations for Existing and New Sources." Conditional
revisions of national categorical pretreatment standards
may be made by the City in accordance with 403 of the
"General Pretreatment Regulations for Existing and New
Sources" if requested by an industry in accordance with
requirements of 403.
•
2.02.2 State Reauirements
State requirements and limitations on discharge shall be
met by all users which are subject to such standards in
any instance in which they are more stringent than
federal requirements and limitations or those in this or
any other applicable ordinance.
2 -3
2.03
2.02.3 City's Right of Revision
The City reserves the right
more stringent limitations or
to the wastewater treatment
to comply with the objectives
of this Ordinance.
2.02.4 Dilution
to establish by ordinance
requirements on discharge
system if deemed necessary
presented in Section 1.01
No user shall increase the use of potable or process
water or, in any way, attempt to dilute a discharge as a
partial or complete substitute for adequate treatment to
achieve compliance with the limitations set forth in
this Ordinance or applicable pretreatment standards.
2.02.5 Supplementary Limitations
No person shall discharge wastewater containing the
following substances in excess of the amounts contained
in their wastewater discharge permit.
The combined process discharges containing the following
substances of persons with wastewater discharge permits
shall not exceed the following limits on a monthly
average:
lbs /day
0. 2 lbs /day
0.43 lbs /day
1.13 lbs /day
0.24 lbs /day
0.13 lbs /day
0.87 lbs /day
0.37 lbs /day
beryllium
cadmium
chromium (total)
copper
cyanide
lead
nickel
zinc
Mass limitations for these substances may be imposed on
Industrial Users by the City Engineer where the City
Engineer deems appropriate.
Once limits are appropriated for individual industries,
those industries rights to discharge up to those limits
shall not be reduced by permit limits issued later to
new industries.
Accidental Discharges
Each user shall provide protection from accidental discharge of
prohibited materials or other substances regulated by this
Ordinance. Where necessary, facilities to prevent accidental
discharge of prohibited materials shall be provided and
maintained at the user's cost and expense.
2 -4
•
• Users shall notify the City Engineer immediately upon having a
slug or accidental discharge of substances or wastewater in vio-
lation of this Ordinance in order to enable countermeasures to be
taken by the City Engineer to minimize damage to the wastewater
treatment system and the receiving waters. The notification
shall include location of discharge, date and time thereof,
description of accidentally' discharged waste including an
estimate of concentration and volume, and corrective actions.
Such notifications will not relieve users of liability for any
expense, loss or damage to the wastewater treatment system or
treatment process, or for any fines imposed on the City on
account thereof under any state or federal law. The City may
choose to take no further action or to take action in accordance
with Section 5.03 and /or Section 5.04 and /or Section 5.05.
A notice shall be permanently posted in a prominent place on the
user's premises advising employees whom to call in the event of a
slug or accidental discharge. Employers shall ensure that all
employees who may cause or discover such a discharge are advised
of the emergency notification procedure.
R /HUTCH2 /AA4
U
2 -5
CHAPTER 3
FEES
3.01 Purpose
-It is the purpose of this chapter to provide for the recovery of
costs from users of the City's wastewater treatment system for
the implementation and administration of the progxam established
herein. The applicable charges or fees shall be set forth in the
City's Schedule of Charges and Fees, to be prepared, from time to
time, by the City Engineer and approved by the City Council.
3.02 Charges and Fees
The City Council shall adopt charges and fees which may include:
a) Fees for monitoring, inspections and surveillance procedures;
b) Fees for permit applications;
c) Appeal fees; and _
d) Other fees as the City Engineer may deem necessary to carry
out the requirements contained herein.
R /HUTCH2 /AA5
3 -1
•
*I
• CHAPTER 4
ADMINISTRATION
4.01 Wastewater Discharge Permits
4.01.1 Mandatory Permits
All industries proposing to connect or to commence a new
discharge to the City's wastewater treatment system
shall obtain a Wastewater Discharge Permit before con-
necting to or discharging into the wastewater treatment
system if the discharge would result in the industry
being classified as a significant Industrial User. All
existing significant Industrial Users or Industrial
Users subject to national categorical pretreatment
standards under Section 307(b) and (c) of the Act
connected to or discharging into the wastewater treat-
ment system shall obtain a Wastewater Discharge Permit
within 180 days after the effective date of this
Ordinance.
4.01.2 Permit Applications
• Users required to obtain a Wastewater Discharge Permit
shall complete and file with the City Engineer, a permit
application substantially in the same form set forth in
Appendix A. Existing users shall apply for a Wastewater
Discharge Permit within 30 days after the effective date
of this Ordinance, and proposed new users shall apply at
least 90 days prior to connecting or discharging to the
wastewater treatment system.
The City Engineer will evaluate the data furnished by
the user and may require additional information. A
Wastewater Discharge Permit shall not be issued until an
application is complete. After evaluation and accep-
tance of the data furnished, the City Engineer shall
issue a Wastewater Discharge Permit subject to terms and
conditions provided herein.
4.01.3 Permit Conditions
Wastewater Discharge Permits shall be expressly subject
to all provisions of this Ordinance and all other
applicable regulations, user charges, and fees
established by the City. Permits may contain the
.following:
•
4 -1
a)
The unit charge or schedule of user charge and fees
for the wastewater to be discharged to the waste-
water treatment system;
b)
Limits on the average and maximum wastewater con-
stituents and characteristics, in terms of concen-
tration, mass limitations, and /or other appropriate
units;
c)
Limits on average and maximum rate and time of
discharge or requirements for flow regulation and
equalization;
d)
Requirements for installation, maintenance, and
operation of sampling and monitoring facilities;
e)
Requirements for installation, operation, and main-
tenance of pretreatment facilities;
f)
Specifications for self - monitoring programs which
may include sampling locations, frequency and
method of sampling, number, types and standards for
tests, and reporting schedule;
g)
Compliance schedules;
•
h)-
Requirements for submission of technical reports or
discharge reports;
i) Requirements for maintaining and retaining plant
records relating to wastewater discharge as
specified by the City Engineer, but in no case less
than three years, and affording City Engineer
access thereto;
j) Requirements for notification to and acceptance by
the City Engineer for any new introduction of
wastewater constituents or of any substantial
change in the volume or character of the wastewater
constituents being introduced into the wastewater
treatment system if they may have a significant
impact on the sewer collection or treatment
systems;
k) Requirements for notification of slug or accidental
discharges as provided in Section 2.03 of this
Ordinance, and reporting of permit violations;
1) Requirements for disposal of sludges, floats, skim-
mings, etc.; and
4 -2
• m) Other conditions as deemed appropriate by the City
to ensure compliance with this Ordinance.
4.01.4 Permit Duration and Renewal
Permits shall be issued for a specified time period, not
to exceed five (5) years. The user shall apply for
Permit-renewal a minimum of 90 days prior to the expira-
tion of the user's existing Permit by filing with the
City Engineer a Permit renewal application in a form
substantially the same as that set forth in Appendix B.
The terms and conditions of the Permit may be subject to
modification by the City Engineer during the term of the
Permit as limitations or requirements as identified in
Chapter 2 are modified or other just cause exists. The
City Engineer, upon a determination that the Permittee
has been in compliance with the expiring Permit and is
capable of complying with the renewed Permit, shall
renew a Wastewater Discharge Permit upon the terms and
conditions specified for an additional time period, not
to exceed five (5) years. The user shall be informed of
any proposed changes in his Permit at least 30 days
prior to the effective date of change. Any changes or
new conditions in the Permit shall include a reasonable
• time schedule agreeable to Permittee and City Engineer
for compliance.
•
4.01.5 Permit Modifications
A Wastewater Discharge Permit shall be modified, in
whole or in part, by the City Engineer during its term
for the following causes:
a) Amendment of this Ordinance where Permit provisions
are affected;
b) A change in the City's wastewater treatment system
which results in the Permittee's discharge having a
significantly different and negative impact on the
system; and
c) Promulgation of a national categorical pretreatment
standard. Within nine (9) months of the promulga-
tion of a national categorical pretreatment
standard, the Wastewater Discharge Permit of users
subject to such standard shall be revised to
require compliance with such standard within the
time frame prescribed by such standard. All users,
whether or not they have an existing Wastewater
4 -3
Discharge Permit, shall apply for a new Permit as
required by Chapter 4.01.2 of this Ordinance within
150 days after the promulgation of the applicable
national categorical pretreatment standard.
Any - modifications in the Wastewater Discharge
Permit shall specify a reasonable time schedule-for
compliance. .
4.01.6 Permit Transfer
Wastewater Discharge Permits are
user for a specific operation.
Permit shall not be reassigned or
a new owner, new user, different
changed operation without the
Engineer. Any succeeding owne
issued to a specific
A Wastewater Discharge
transferred or sold to
premises, or a new or
approval of the City
r or user shall also
comply with the terms and conditions of the existing
Permit if applicable to the wastewater which is
discharged by the new owner.
4.02 Self - Monitoring Reports
A condition of the Wastewater Discharge Permit shall include the
completion and submittal of accurate routine self- monitoring
reports to the City Engineer in the form substantially similar to
that set forth in Appendix C. The nature and frequency of rou-
tine reporting shall be based upon the information provided in
the Permit application form. The City Engineer may modify the
reporting frequency for a particular Permittee based on the
Permittee's industrial waste characteristics. Permittees subject
to national categorical pretreatment standards shall submit
reports to the City Engineer in accordance with the applicable
national categorical pretreatment standards. These reports shall
be submitted to the City Engineer during the months of June and
December, unless required more frequently in the pretreatment
standard or by the City Engineer. The report shall indicate the
nature and concentration of pollutants in the effluent which are
limited by pretreatment standards and include a record of all
daily flows which during the reporting period exceeded the
average daily flow.
Wastewater discharge records of a Permittee shall be kept by the
Permittee for a period of not less than three (3) years. The
Permittee shall provide the City Engineer reasonable access to
these records during normal business hours. A Permittee subject
to an applicable national categorical pretreatment standard shall
maintain all records required.by 40 CFR 403 of the General Pre-
treatment Regulations.
0
4 -4
0 4.03 Monitoring Facilities
Each Permittee that is required by the City Engineer, shall pro-
vide and operate at the Permittee's own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of
the building sewer and /or internal drainage systems at the City's
request. Whenever possible, existing manholes, cleanouts, and
water meters will be used to meet these requirements. The
monitoring facility should normally be situated on the user's
premises, but the City Engineer may, when such a location would
be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or right -of -way
and located so that it will not be obstructed by landscaping or
parked vehicles.
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and compositing of samples
for analysis. The facility and sampling and measuring equipment
shall be maintained at all times in a safe and proper operating
condition at the expense of the user.
Whether constructed on a public or private property, the sampling
and monitoring facilities shall be provided in accordance with
the City Engineer's requirements and all applicable local con -
structign standards and specifications. If suitable monitoring
sites are not in existence, construction shall be completed with-
in 90 days following written notification by the City Engineer,
unless a time extension is otherwise granted by the City
Engineer.
4.04 Inspection, Sampling,. and Analysis
The City Engineer shall have the right to inspect the facilities
of any user to ascertain whether the purpose of this Ordinance is
being met and all requirements are being complied with. Persons
or occupants of premises where wastewater is created or
discharged shall allow the City Engineer ready access at all
reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination, or in the performance
of any of their duties. The City Engineer, MPCA, and EPA shall
have the right to set up on the user's property such devices as
are necessary to conduct sampling, inspection, compliance
monitoring, and /or metering operations. Where a user has
security measures in force which would require proper identifica-
tion and clearance before entry into their premises, the user
shall make necessary arrangements with any security guards so
that upon presentation of suitable identification, the City
Engineer, MPCA, and EPA will be permitted to enter, without
delay, for the purposes of performing their specific
responsibilities.
4 -5
Representative samples of a user's industrial wastewater shall be
collected on normal operating days and in accordance with guide-
lines listed in Appendix D. Industrial Users subject to General
Pretreatment Regulations shall sample in accordance with the
General Pretreatment Regulations. Self- monitoring facilities for
Industrial Users who are not subject to the General Pretreatment
Regulations shall be at a location before wastewater is mixed
with other discharges or at a point where waste can be adequately
monitored.
Test procedures for the analysis of _pollutants for Permit
applications and routine self- monitoring shall conform to the
guidelines established in 40 CFR 136 and 40 CFR 403 of the
General Pretreatment Regulations.
4.05 Pretreatment
Users shall provide necessary wastewater treatment - before
discharging, directly or indirectly, into the wastewater treat-
ment system as required to comply with this Ordinance and shall
achieve compliance with all national categorical pretreatment
standards within the time limitations as specified by the federal
pretreatment regulations.
Any facilities required to pretreat wastewater shall be provided,
operated, and maintained at the user's expense.
All records relating to compliance with pretreatment standards
shall be made available by the City Engineer to officials of the
EPA or MPCA upon request.
4.06 Confidential Information
Information and data on a user obtained from applications,
permits, monitoring programs _and inspections shall be available
to the public or other government agencies without restriction
unless the user specifically requests and is able to demonstrate
to the satisfaction of the City Engineer that the release of such
information would divulge information, processes or methods of
production entitled to protection as trade secrets of the user.
Information pertaining to plant layout, plant processes and pro-
duction will be considered confidential.
When requested by the person furnishing a report, and until such
time as the information is determined not to be confidential, the
portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the
public but shall be made available upon written request to
governmental agencies for uses related- to this Ordinance, the
NPDES Permit, State Disposal System Permit and /or the pretreat-
ment programs; provided, however, that such portions of a report
4 -6
. shall be available for use by the State or any state agency in
judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and
characteristics will not be recognized as confidential
information. information accepted by the City Engineer as
confidential shall not be transmitted to a -ny governmental agency
or to the general public by the City Engineer until and unless a
ten day notification is given to the user.
4.07 Sludges Generated
Sludges, floats, skimmings, etc., generated by a pretreatment
facility shall not be disposed, directly or indirectly, into the
City's wastewater treatment system. Such sludges shall be
contained, transported, and disposed of in accordance with all
federal, state, and local regulations.
4.08 Final Compliance D -ate Reporting Requirements
Within 90 days following the date for final compliance with
applicable pretreatment standards or, in the case of the
commencement of a new discharge to the wastewater disposal
system, any user subject to pretreatment standards and require-
ments shall submit to the City Engineer a report indicating the
nature and concentration of all pollutants in the discharge from
the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process.units in the user's facility which are limited by such.
pretreatment standards or requirements. The report shall state
whether the applicable pretreatment standards or requirements are
being met on a consistent basis and, if not, what additional
operation and maintenance and /or pretreatment is necessary to
bring the facility into compliance with the applicable pretreat-
ment standards or requirements. This statement shall be signed
by the user, and certified to by a qualified professional.
R /HUTCH2 /AA6
•
4 -7
CHAPTER 5 0
ENFORCEMENT
5.01 Emergency Suspension of Service and Wastewater Discharge
Permit
The City Engineer may suspend the wastewater treatment service of
a user and /or a Wastewater Discharge Permit (after informal
notice to the discharger) when such suspension is necessary, in
the opinion of the City Engineer, in order to stop an actual or
threatened discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, to
the environment, or to the wastewater treatment system, or would
cause the City to violate any condition of its NPDES or State
Disposal System Permit. The City Engineer shall follow up with a
formal notice to a designated representative of the user within
an hour after the informal notice is given to the user.
Any user notified of a suspension of the wastewater treatment
service and /or the Wastewater Discharge Permit shall immediately
stop the discharge. In the event of a failure of the user to
comply voluntarily with the suspension order, the City Engineer
shall take such steps as deemed necessary, including immediate .
severance of the sewer connection, to prevent or minimize damage
to the wastewater treatment system or endangerment to any
individuals. The City may also take action in'accordance with
Section 5.05. The City Engineer shall reinstate the Wastewater
Discharge Permit and /or the wastewater treatment service upon
proof of the elimination of the noncomplying discharge or condi-
tions creating the threat of imminent or substantial danger as
set forth above. A detailed written statement submitted by the
user describing the causes of the slug or accidental discharge
and the measures taken to prevent any future occurrence shall be
submitted to the City Engineer within 15 days of the date of
occurrence.
5.02 Revocation of Permit
In accordance with the procedures of Chapter 5 of this Ordinance,
the City Engineer may revoke the Permit of any user which fails
to factually report the wastewater constituents and characteris-
tics of its discharge; which fails to report significant changes
in wastewater constitutents or characteristics; which refuses
reasonable access to the user's premises for the purpose of in-
spection or monitoring; or for violation of conditions of its
Permit, this Ordinance, or applicable state and federal.
regulations.
0
5 -1
• 5.03 Notification of Violation
Whenever the City Engineer finds that any user has violated or is
violating this Ordinance, Wastewater Discharge Permit, or any
prohibition, limitation or requirement contained herein, the City
Engineer may serve upon such user a written notice stating the
nature of the violation. Within 30 days of the date of the
notice, unless a shorter time frame is necessary due to the
nature of the violation, a plan for the satisfactory correction
thereof shall be submitted to the City by the user. If the plan
is satisfactory to the City Engineer and the user complies with
the plan, the City Engineer may not take further action against
the user. If the plan is not satisfactory to the City Engineer,
the City may take action in accordance with Section 5.04. If the
user does not comply with the plan, the City may take action in
accordance with Section 5.05.
5.04 Show Cause Hearing
5.04.1 Notice of Hearing
If the violation is not corrected by timely compliance,
the City Engineer may order any user which causes or
allows an unauthorized discharge to show cause before
the City Council why the proposed enforcement action
. should not be taken. A notice shall be served on the
user specifying the time and place of a hearing to be
held by the City Council regarding the violation, the
reason why the action is to be taken, the proposed en-
forcement action, and directing the user to show cause
before the City Council why the proposed enforcement
action should not be taken. The notice of the hearing
shall be served personally or by registered or certified
mail (return receipt requested) at least ten days before
the.hearing. Service may be made on any -agent or
officer of a corporation.
0
5.04.2 Hearing Officials
The City Council may itself.conduct the hearing and take
the evidence, or may designate any of its members or any
officer or employee to:
a) Issue in the name of the City Council notices of
hearings requesting the attendance and testimony of
witnesses and the protection of evidence relevant
to any matter involved in such hearings;
b) Take the evidence; and,
5 -2
c) Transmit a report of the evidence and hearing,
including transcripts and other evidence, together
with recommendations to the City Council for action
thereon.
5.04.3 Transcripts
At any hearing held pursuant to this Ordinance, testi-
mony taken must be under oath and recorded stenographi-
cally. The transcript, so recorded, will be made avail-
able to any member of the public or any party to the
hearing upon payment of the usual charges therefor.
5.04.4 Issuance of Orders
After the City Council has reviewed the evidence, it may
issue an order to the user responsible for the discharge
directing that, following a specified time period, the
sewer service be discontinued unless adequate treatment
facilities, devices, or other related appurtenances
shall have been installed or existing treatment
facilities, devices, or other related appurtenances are
properly operated. Further orders and directives as are
necessary and appropriate may be issued. The orders may
also revoke the user's wastewater discharge permit if
the ordinance and /or wastewater discharge permit are
violated. If the user violates an order, the City may
take action in accordance with Section 5.05.
5.05 Legal Action
If any person discharges wastewater, industrial wastes, or other
wastes into the City's wastewater treatment system contrary to
the provisions of this Ordinance, federal or state pretreatment
requirements or any order of the City, the City Attorney may,
following the authorization of such action by the City Council,
commence an action for appropriate legal and /or equitable relief.
5.06 Annual Publication
A list of the users which were significantly violating applicable
pretreatment requirements or national categorical pretreatment
standards during the twelve (12) previous months shall be
annually published by the City in a local newspaper. The notifi-
cation shall also summarize any enforcement actions taken against
the user(s) during the same twelve (12) months. For the purposes
of this provision, significant violations would be those viola-
tions which remain uncorrected 45 days after notification of
5 -3
•
9
• noncompliance; which are a part of a pattern of noncompliance
over a twelve month period; or which involve a failure to
accurately report noncompliance. Users will be notified by
letter prior to publication of a list if they are included on
that list, and will be given one week to respond to the City
Engineer regarding the appropriateness of their inclusion.
5.07 Appeal to the City Council
Any interested party shall have the right to request in writing
an interpretation or ruling on any matter covered by this
Ordinance and shall be entitled to a written reply from the City.
Any decision of the City Engineer in the enforcement of this
Ordinance may be appealed to the City Council by filing a written
petition with the City Clerk within thirty (30) days of the City
Engineer's ruling. Said petition shall specify in detail the
matter or-matters involved and every ground or basis on which
objections are made. Said petition shall show the names,
addresses, and telephone numbers of all objectors and their
attorney at law or spokesman. The filing of a petition in
accordance with the requirements herein shall stay all proceed-
ings-unless the City Engineer shall file within seventy -two (72)
hours after the filing of a petition a certificate stating that a
stay would cause peril to life or property or specifying other
. good reason. The City Council shall fix a reasonable time for
hearing of the petition or appeal and give due notice of the time
and place of said hearing to parties named in the petition as
attorney or spokesman. The hearing shall be open to the public.
Petitioners shall be given full opportunity to present evidence
in support of their petition after which the City Engineer may
present evidence in support of his decision.
The City Council shall decide the appeal within a reasonable time
_ and notify the attorney or spokesman. The minutes of the City
Council shall constitute the official record of the petition,
hearing, and decision. Any party desiring a transcript of the
proceedings shall furnish a qualified court reporter at their own
expense.
R /HUTCH2 /AA7
•
5 -4
6.01 Civil Penalties
Any user who is
Council or
Ordinance,
hereunder,
($1,000.00)
shall occur
offense. I
CHAPTER 6
PENALTIES
found to have violated an Order of the city
who has failed to comply with any provision of this
and the orders, rules, regulations and permits issued
shall be fined not more than One Thousand Dollars
for each offense. Each day on which a violation
or continue shall be deemed a separate and distinct
n addition to the penalties provided herein, the City
may recover reasonable attorneys fees, court costs, court
reporters' fees and other expenses of litigation by an
appropriate action against the person found to have violated this
Ordinance or the order, rules, regulations, and permits issued_
hereunder.
6.02 Costs of Damage
Following discussions between the City and users and a thorough
review of the problem, and a final decision as to the cause, any
user violating any of the provisions of this Ordinance or who
discharges or causes a discharge producing a deposit-or obstruc-
tion, or causes damage to or impairs the City's wastewater treat-
ment system shall become liable to the City for any expense,
loss, or damage caused by such violation or discharge. The Clerk
may add to the user's charges and fees the costs assessed for any
cleaning, repair, or replacement work caused by the violation or
discharge. Any refusal to pay the assessed costs shall consti-
tute a violation of this Ordinance.
6.03 Falsifying Information
Any person who knowingly makes any false statements, representa-
tion or certification in any application, record, reports, plan
or other document filed or required to be maintained pursuant to
this Ordinance or Wastewater Discharge Permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring
device or method required under this Ordinance, shall, upon con-
viction, by punished by a fine of not more than One Thousand
Dollars ($1,000) or by imprisonment for not more than six (6)
months, or by both.
R /HUTCH2 /ABO
6 -1
0
0
CHAPTER 7
SEVERABILITY
If any provision, paragraph, word,
Ordinance is invalidated by any court
the remaining provisions, paragraphs,
ters shall not be affected and shall
effect.
R /HUTCH2 /AB1
lJ
0
7 -1
section or chapter of this
of competent jurisdiction,
words, section$, and chap -
continue in full force and
CHAPTER 8
mURT. T r-T
All other ordinances and parts of other ordinances inconsistent
or conflicting with any part of this Ordinance are hereby repeal-
ed to the extent of such inconsistency or conflict.
R /HUTCH2 /AB2
8 -1
40
•
:7
CHAPTER 9
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after
its passage, approval and publication, as provided by law:
INTRODUCED the day of 19
FIRST READING: , 19 .
SECOND READING: 19 .
PASSED this day of 19
AYES:
NAYS:
ABSENT:
NOT VOTING:
APPROVED by me this
ATTEST:
Published the
R /HUTCH2 /AB3
day of
day of
. 19
MAYOR, CITY OF HUTCHINSON
(Seal) City Clerk
9 -1
. 19
APPENDIX A
WASTEWATER DISCHARGE PERMIT - APPLICATION
U
n
LJ
•
Page 1 of 8
• For City Use Only
Permit No.:
Date Received:
Permit Issued:
WASTEWATER DISCHARGE PERMIT - APPLICATION
HUTCHINSON, MINNESOTA
A. GENERAL
1. Company Name:
2. Mailing Address:
3. Facility Location:
4. Contact Person:_
Job Title:
Phone Number:
5. Application for:
Existing Facility
New Facility
B. OPERATION _
1. Total Num;
2. Operating
3. Number of
4. Number of
5. Operating
r�
U
ber of Employees:
Hours Per Day:
Shifts Per Day:
Employees Per Shift:
Days Per Week:-
1st 2nd 3rd
Page 2 of 8
C. PRODUCTION
1. Nature of Operation SIC Code*
*According to Standard _Industrial Classification Manual, Bureau of the
Budget, 1972, as amended.
2. If there are seasonal changes in your rated of production,
please describe.
D. SOURCE OF WATER SUPPLY
Source Gal /yr Determined by
Municipal
Private Well
Other
Total
E. WASTEWATER DISCHARGE
Type of Wastewater Gal /yr Determined by
Industrial
Domestic
0
1]
Page 3 of 8
. Type of Wastewater (cont.) Gal /yr Determined by
Uncontaminated Water
a) to storm sewer
b) to receiving water
c) to sanitary sewer
Other
Total
Explain discrepancy, if any, between total water supply and
total wastewater discharge:
LJ
F. INDUSTRIAL WASTEWATER FLOW CHARACTERISTICS
1. Continuous Discharge
Daily Flow Rate Time & Duration Determined by
Average -
Maximum
Minimum
Please indicate, if any, the weekly, monthly, yearly, or seasonal
variations on your discharges.
•
Page 4 of 8
2. Hatch Dump •
Quantity Contents Duration Frequency
3. Does your company have an NPDES permit for discharge?
If "YES ", please indicate the discharge volume, location, and
name of the receiving water.
G. ANALYTICAL DATA OF INDUSTRIAL WASTEWATER
1. Date representative sample collected:
2. Sample collected by (organization):
3. Sample analyzed by (organization): _
4. Method of sample collection:
5. Method of sample compositing:
6. Laboratory analysis procedures in accordance with:
7. Listing of all significant wastewater constituents and
characteristics including, but not limited to, those governed
by Chapter 2 of the Industrial Wastewater Pretreatment
Ordinance.
0
• Present Absent Constituent
pH
=Suspended Solids
Biochemical Oxygen Demand
Chemical Oxygen Demand
Grease and Oil
Cadmium
Chromium, Total
-Copper
Cyanide
Lead
Nickel
Zinc
Others
H. PRETREATMENT
1. All Industrial Users
Page 5 of 8
Result
units
mg /l
mg /l
mg /l
mg /l
mg /l
mg /l
mg /l
mg /l
mg /l
mg /1
mg /l
mg /1
mg /l
mg /l
mg /l
a) Does the Company accomplish in -line and /or end -of -pipe
treatment of its wastes?
b) If "YES ", please list the parameter treated, the treat-
ment process, their objectives, and solid waste disposal
method:
Page 6 of 8
Parameter Treated Process Objective Solid Waste Disposal
c) If "NO ", please indicate which method(s) your company
will consider for meeting local limitations and /or EPA
Pretreatment Standards.
Already in Compliance
-Addition of Pretreatment Processes '(Describe).
Modification of Processes (Describe).
Substitution of Alternative Chemicals (Describe).
Elimination of Certain Processes (Describe).
Other (Describe).
2. Federal Categorical Pretreatment Industries Only
a) Categorical Process Wastewater Flow
EPA Category Average (gpd) Maximum (gpd) _ % Total Discharge
b) If your Company cannot meet the EPA Pretreatment
Standards on a consistent basis, please complete the
following table for additional pretreatment and /or
operation and maintenance (0 &M):
•
Major Pretreatment
Component and /or
Additional 0 &M
Commencement Completion
Date Date
I. DESCRIPTION OF INDUSTRIAL WASTE GENERATING PROCESS
Page 7 of 8
Operating
Date
Please sketch a flow chart of your ope•ration(s) on a -separate
sheet of paper including the following information:
a) Manufacturing steps;
b) Stages where water and /or chemicals are added or dis-
charged to the sewer;
c) Source of water supply;
d) Pretreatment system location, if required;
e) Continuous.flow and /or batch discharge stages;
f) Location of meters, sampling, and monitoring points; and
g) Number-and location of sanitary and /or combined sewer
connections.
3. CERTIFICATION OF INFORMATION
I hereby certify that the information supplied in this appli-
cation is complete and correct to the best of my knowledge.
* Name (PRINT):
Title:
Signature:
Phone Number:.
Date:
Page 8 of 8
* For Federal Categorical Pretreatment Industries, the
signatory must be an authorized representative. An
authorized representative may be:
1) a principal executive officer of at least the level of
vice president, if the Permittee is a corporation;
2) a general partner or proprietor, if the Permittee is a
partnership or sole proprietorship, respectively; or
3) a duly authorized representative of the individual
designated in (1) or (2) above if such representative is
responsible for overall operation of the facility.
Send completed form to:
RP /HUTCH2 /AB5
CITY ENGINEER
37 Washington Avenue,, West
City Hall
Hutchinson, MN 55350
It
•
9
APPENDIX B
WASTEWATER DISCHARGE PERMIT - RENEWAL APPLICATION
Page 1 of 2
For City Use Only
Permit No.:
Date Received:
Permit Issued:
WASTEWATER DISCHARGE PERMIT - RENEWAL APPLICATION
HUTCHINSON, MINNESOTA
1. Company Name:
2. Location Address:
3.
Number
bf
Shifts Per
Day:
4.
Number
of
Employees
Per Shift: 1st 2nd 3rd
5.
Operating Days Per Week:
6.
Does your company plan any No
Yes (Describe)
significant changes in
production, business, or-
manufacturing in the next
five years?
7.
Does your company plan any No
Yes (Describe)
significant changes in either
the quantity or quality of
wastewater discharged in the
next five years? -
8.
Does your company plan to No
Yes (Describe)
modify or expand its
pretreatment system or
equipment in the next five
years?
9.
Is your firm's pretreatment No
Yes (Describe)
compliance schedule in
accordance with the
timetable submitted in
Section H(2)(b) of the
initial Permit Application?
n
U
RP /HUTCH2 /AB6
U
CITY ENGINEER
37 Washington Avenue, West
City Hall
Hutchinson, MN 55350
Page 2 of 2
• I hereby certify
that the above information is
true and accurate to
the best of my
knowledge.
*Name (Print):
Title:
Date:
Phone:
Signature:
*
For Federal Categorical Pretreatment Industries, the
signatory must be an authorized
representative. An
authorized representative may be:
1)
a principal executive officer of
at least the level of
vice president, if the Permittee is
a corporation;
2)
a general partner or proprietor,
if the Permittee is a
partnership or sole proprietorship,
respectively; or
3)
a duly authorized representative
of the individual
designated in (1) or (2) above if such
representative is
responsible for overall operation of
the facility.
Send completed
form to:
RP /HUTCH2 /AB6
U
CITY ENGINEER
37 Washington Avenue, West
City Hall
Hutchinson, MN 55350
APPENDIX C
INDUSTRIAL WASTEWATER DISCHARGE
SELF - MONITORING REPORT
•
16
•
Page 1 of 4
. INDUSTRIAL WASTEWATER DISCHARGE
SELF - MONITORING REPORT
HUTCHINSON, MINNESOTA
1. Company Name:
2. Location Address:
3. Reporting - -period covered by this report:
4. Total days of operation during this reporting period:
5. Total number of employees working during this reporting
period:
6. Quantity of wastewater discharge:
a) All Permittees
• Total gallons
in this
Type of Wastewater reporting period Determined by
Industrial
Domestic
Uncontaminated Water
a) to storm sewer
b) to receiving water
c) to sanitary sewer
Other
Total
Page 2 of 4
b) Federal Categorical Pretreatment Industries Only
Categorical Process Wastewater Flow
EPA Category Average (g pd)- Maximum (gpd) % Total Discharge
7. Date and time frame of representative sample collection:
8. Total volume discharged during sampling time frame:
9. How was volume in Question 8 determined?
10. Sampling location:
11. Method of sample collection: manually automatically
Describe:
12. Sample collected by: Permittee Other, name
13. Method of sample compositing: manually automatically
Describe:
14. Sample composited by: Permittee Other, name
15. Sample analyzed by: Permittee Other, name
16. Analytical results. A value should be reported for each parameter
indicated in your Wastewater Discharge Permit. Federal"
Categorical Pretreatment Industries should indicate all parameters
regulated under EPA Pretreatment Standards from Categorical
process wastewater. A copy of laboratory report(s) should also be
attached.
•
•
Page 3 of 4
Total
(EPA
(EPA
Parameter
Discharge
Category 1)
Category 2)
BOD
mg /l
mg /1
mg /l
Suspended Solids
mg /l
mg /1
mg /l
pH
units
units
units
Chemical Oxygen Demand
mg /1
mg /1
mg /l
Grease and Oil
mg /l
mg /1
mg /l
Cadmium
mg /l
mg /1
mg /1
Chromium, Total
mg /1
mg /1
mg /l
topper -
mg /1
mg /1
mg /l
Cyanide
mg /1
mg /1
mg /l
Lead
mg /1
mg /1
mg /l
Nickel
mg /1
mg /1
mg /l
Zinc
mg /1
mg /1
mg /l
Others:
mg /l
mg /1
mg /1.
mg /l
mg /1
mg /l
Report Submitted by:
Name (PRINT):
Title:
Phone:
Date:
Signature:
Authorized Representative:
(Federal
Categorical
Pretreatment
Industries Only)
Name (PRINT):
Title:
Page 4 of 4
Phone:
Date:
Signature:
An Authorized Representative may be:
1) a principal executive officer of at least the level of vice
president, if the Permittee is a corporation;
2) a general partner or proprietor, if the Permittee is a
partnership or sole proprietorship, respectively; or
3) a duly authorized representative of the individual designated
in (1) or (2) above if such representative is responsible for
overall operation of the facility.
Send completed form to:
CITY ENGINEER
37 Washington Avenue, West
City Hall
Hutchinson, MN 55350
RP /HUTCH2 /AB7
4)
01
APPENDIX D
INDUSTRIAL WASTEWATER
SELF - MONITORING GUIDELINES
LJ
A. Scope 0
B.
C.
This Appendix is to serve as a guideline
and commercial analytical laboratories
analyze industrial waste samples.
collection, sample preservation, sample
analysis are addressed herein in orde
format of sampling and sample analysis.
Location of Self- Monitoring Point
for Industrial Users
who collect and /or
Methods of sample
handling, and sample
r to standardize the
Major factors to be considered in selecting the sampling
point(s) are:
(1) Whether the origin and volume of wastewater flow is
known or can be determined;
(2)- Whether the sampling point is easily accessible with
adequate safeguards; and
(3) Whether the wastewater is well mixed and has adequate
velocity for proper sampling techniques.
Type of Samples
(1) Grab Samples - Grab samples may be taken manually or
automatics ly. Wide mouth jars are preferred in order
to facilitate the rapidity of sample collection. A grab
sample is preferred over a composite one when:
(a) Wastewater to be sampled does not flow on a
continuous basis, such as periodic dumping of spent
process tanks; or
(b) It is desirable to determine the instantaneous
condition of a wastewater.
Grab samples are required when analyzing wastewaters for
parameters such as temperature and pH.
(2) Com osite Samples - Samples may be composited on the
basis of any of the following:
(a) Equal time intervals and equal size samples.
(b) Equal time, unequal volume samples -- amount of
samples collected or added to the mixture for
compositing during the sampling period is
proportional to the wastewater flow at equal time
intervals. Each individual sample should have a
volume of at least 100 milliliters (ml).
D -1
10
i(c) Unequal time, equal volume samples -- collection of
fixed volume samples passing through the sampling
point over unequal time intervals. When the
wastewater flow varies considerably throughout a
normal working day, individual samples should be
taken at least hourly.
Individual samples should be composited totally and
mixed well. A 2 to 4 liter portion of the total
mixture should be taken as a representative sample of
the total mixture for analysis. Generally, a composite
sample is acceptable if individual samples are collected
hourly over a normal working day or 24 hours.
D. General Precautions in Sample Handling
(1) Samples should be taken in the well -mixed region of the
wastewater.
(2) Intake of the collecting device should be placed below
the water surface to avoid excessive floating materials
and above the bottom to avoid sediment.
(3) Before a grab sample is taken, the container should be
rinsed several times with the wastewater.
(4) For an automatic sampler, the intake line velocity
should be sufficiently high to ensure representative
sampling of suspended solids.
E. Sample Preservation
Container, preservative, and maximum holding time for
pollution parameters to be analyzed should be in accordance
with Table D -1. . Sample preservations should be performed
immediately upon collection, if feasible.
RP /HUTCH2 /AB8
D -2
TABLE D -1
CONTAINERS,
PRESERVATION,
AND HOLDING TIMES
Maximum
Parameter
Container
Preservative
Holding Time
1.
Cyanide, Total
Polyethylene/
Cool, 4 °C
14 days
Glass
NaOH, pH > 12
2.
Mercury
Polyethylene/
HNO pH < 2
28 days
Glass
3,
3.
Other Metals
Polyethylene /
HNO pH < 2
6 months
Glass
3,
4.
Chemical Oxygen
Polyethylene/
Cool; 4 °C
28 days
Demand (COD)
Glass
H2SO4, pH < 2
5.
pH
Polyethylene/
Determine
2 hours
Glass
on -site
6.
Oil & Grease
Glass
Cool, 4 °C
28 days
H2SO4, PH < 2
7.
Suspended
Polyethylene/
Cool, 4 °C
14 days
Solids
Glass
RP /HUTCH2 /AB8
D -3
ATTACHMENT A
PROPOSED REVISIONS TO 4/82 DRAFT
INDUSTRIAL WASTEWATER PRETREATMENT ORDINANCE
Hutchinson, Minnesota
November 11, 1985
The following revisions are proposed to be made to the April,
1982, draft of the industrial wastewater pretreatment ordinance.
These revisions do not include those revisions already recom-
mended by the MPCA.
1. Section 1.02(g) - delete the definition for interference in
its entirety and replace with the following: "Interference -
a discharge by an Industrial User which, alone or in conjunc-
tion with discharges by other sources, inhibits or disrupts
the City's wastewater collection and treatment facilities,
its treatment processes or operations, or its sludge pro-
cesses, use of disposal and which is a cause of a violation
of any requirement of the City's NPDES permit (including an
increase in the magnitude or duration of a violation) or
State Disposal System Permit or of the prevention of sewage
sludge use of disposal by the City in accordance with the
following statutory provisions and regulations or permits
issued thereunder (or more stringent State or local regula-
tions): Section 405 of the Clean Water Act, the Solid Waste
disposal Act, (SWDA) (including Title II, more commonly re-
ferred to as the Resource Conservation and Recovery Act
(RCRA), and including State Regulations contained in any
State sludge management plan prepared pursuant to Subtitle D
or the SWDA), the Clean Air Act, the Toxic Substance Control
Act, and the Marine Protection Research and Sanctuaries Act.
2. Section 2.01(a) - revise the last sentence to the following:
"Prohibited materials include, but are not limited to, gaso-
line, kerosene, naphtha, fuel oil, benzene, toluene, xylene,
ethers, ketones, aldehydes, peroxides, chlorates, perchlo-
rates, bromates, and hydrides."
3. Section 2.01(i) - add the following to the end of the sen-
tence: "... unless there is no prudent and feasible alterna-
tive."
4. Section 2.01(j) - delete the words: "... or containing sub-
stances...".
5. Section 2.02.4 - delete "...no user shall increase the use of
potable or process water in any way, nor mix separate waste
streams for the purpose of diluting a discharge..." from the
first sentence and insert "... no user shall increase the use
. of potable or process water or, in any other way, attempt to
dilute a discharge... ".
6. Section 2.02.5 - add the following paragraph after the last
paragraph: "Once limits are appropriated for individual
industries, those industries rights to discharge up to those
limits shall not be reduced by permit limits issued later to
new industries."
7. Section 2.03 - delete the third and fourth sentences from the
first paragraph.
8. Section 2.03 - after the third sentence in the second para-
graph, insert: "The City may choose to take no further
action or to take action in accordance with Section 5.03
and /or Section 5.04 and /or-Section 5.05."
9. Section 4.01.2 - delete "...120 days..." from the second -
sentence of the first paragraph and insert "...90 days... ".
10. Section 4.01.3(j) - add the following to the first sentence
"...if they may have a significant impact on the sewer col-
lection or treatment systems; ".
11. Section 4.01.4 - delete "...120 days..." from the second
sentence of the first paragraph and insert "...90 days... ".
12. Section 4.01.4 - delete "...shall include a reasonable time
schedule for compliance." from the last sentence of the •
second paragraph and insert "...shall include a reasonable
time schedule agreeable to Permitee and City Engineer for
compliance."
13. Section 4.01.5 - delete "... shall be modified, suspended, or
revoked, ..." from the first sentence and insert "... may be
modified, ..."
14. Section 4.01.5 - delete Subsections a), b), c), f), and g).
- Reletter Subsections d), e), and h) to a), b), and c) respec-
tively.
15. Section 4.01.6 - add the following to the end of the third
sentence: ".. if applicable to the wastewater which is
discharged by the new owner."
16. Section 4.02 - delete "... during the months of June and
December ..." from the fifth sentence of the first paragraph
and insert "... during the months of July and January ..."
17. Section 4.03 - delete the first sentence and insert "Each
permitee that is required by the City Engineer shall provide
and operate at the Permittee's own expense, monitoring facil-
ities to allow inspection, sampling, and flow measurement of
•
the building sewer and /or internal drainage systems at the
City's request. Whenever possible, existing manholes, clean -
outs, and water meters will be used to meet these require-
ments."
18. Section 4.03 - delete "Construction shall be ..." from the
second sentence of the third paragraph and insert "If suit-
able monitoring sites are not in existence, construction
shall be ..."
19. Section 4.05 - delete the second, third and fourth sentences
from the second paragraph.
20. Section 4.06 - add the following sentence to the end of the
first paragraph: "Information pertaining to plant layout,
plant processes and production will be considered confiden-
tial."
�21. Section 5.01 - add the following sentence at the end of the
first paragraph: "The City Engineer shall follow up with a
formal notice to a designated representative of the user
within an hour after the informal notice is given to the
user.
22. Section 5.01 - insert "The City may also take action in
. accordance with Section 5.05." after the second sentence in
the second paragraph.
23. Section 5.03 - add the following to
"If the plan is satisfactory to
user complies with the plan, the
further action against the user.
factory to the City Engineer, the
accordance with Section 5.04. If
with the plan, the City may take
Section 5.05."
the end of the paragraph:
the City Engineer and the
City Engineer may not take
If the plan is not satis-
City may take action in
the user does not comply
action in accordance with
24. Section 5.04.4 - add the following to the end of the para-
graph: "The orders may also revoke the user's wastewater
discharge permit if the ordinance and /or wastewater discharge
permit are violated. If the user violates an order, the City
may take action in accordance with Section 5.05."
25. Section 5.06 - add the following sentence to the end of the
paragraph: "Users will be notified by letter prior to publi-
cation of a list if they are included on that list, and will
be given one week to respond to the City Engineer regarding
the appropriateness of their inclusion ".
K,
26. Section 6.01 - delete . shall be fined not less than One
Hundred Dollars ($100.00) nor..." from the first sentence and
insert "... may be fined not ... ".
27. Section 6.02 - delete "Any user violating any of the provi-
sions..." from the first sentence and insert "Following dis-
cussions between the City and users and a thorough review of
the problem, and a final decision as to the cause, any user
violating any of the provisions... ".
TR /L /AZ6
4
M) Other conditions as deemed appropriate by the City
• to ensure compliance with this Ordinance.
4.01.4 Permit Duration and Renewal
Permits shall be issued for a specified time period, not
to exceed five (5) years. The user shall apply for
Permit renewal a minimum of 90 days prior to the expira-
tion of the user's existing Permit by filing with the
City Engineer a Permit renewal application in a form
substantially the same as that set forth in Appendix B.
The terms and conditions of the Permit may be subject to
modification by the City Engineer during the term of the
Permit as limitations or requirements as identified in
Chapter 2 are modified or other just cause exists. The
City Engineer, upon a determination that the Permittee
has been in compliance with the expiring Permit and is
capable of complying with the renewed Permit, shall
renew a Wastewater Discharge Permit upon the terms and
conditions specified for an additional time period, not
to exceed five (5) years. The user shall be informed of
any proposed changes in his Permit at least 30 days
prior to the effective date_ of change. Any changes or
new conditions in the Permit shall include a reasonable
time schedule agreeable to Permittee and City Engineer
• for compliance.
n
�J
4.01.5 Permit Modifications
A Wastewater Discharge Permit may be modified, in whole
or in part, by the City Engineer during its term for the
following causes:
a) Amendment of this Ordinance where Permit provisions
are affected; -
b) A change in the City's wastewater treatment system
which results in the Permittee's discharge having a
significantly different and negative impact on the
system; and
c) Promulgation of a national categorical pretreatment
standard. Within nine (9) months of the promulga-
tion of a national categorical pretreatment
standard, the Wastewater Discharge Permit of users
subject to such standard shall be revised to
require compliance with such standard within the
time frame prescribed by such standard. All users,
whether or not they have an existing Wastewater
4 -3
Discharge Permit, shall apply for a new Permit as
required by Chapter 4.01.2 of this Ordinance within 10
150 days after the promulgation of the applicable
national categorical pretreatment standard.
Any modifications in the Wastewater Discharge
Permit shall specify a reasonable time schedule for
compliance.
4.01.6 Permit Transfer
Wastewater Discharge Permits are issued to a specific
user for a specific operation. A Wastewater Discharge
Permit shall not be reassigned or transferred or sold to
a new owner, new user, different premises, or a new or
changed operation without the approval- of the City
Engineer. Any succeeding owner or user shall also
comply with the terms and conditions of the existing
Permit if applicable to the wastewater which is
discharged by the new owner.
4.02 Self- Monitoring Reports
A condition of the Wastewater Discharge Permit shall include the
completion and submittal, of accurate routine self- monitoring
reports to the City Engineer in the form substantially similar to
that set forth in Appendix C. The nature and frequency of rou-
tine reporting shall be based_ upon the information provided in
the Permit application form. The City Engineer may modify the
reporting frequency for a particular Permittee based on the
Permittee's industrial waste characteristics. Permittees subject
to national categorical pretreatment standards shall submit
reports to the City Engineer in accordance with the applicable
national categorical pretreatment standards. These reports shall
be submitted to the City Engineer during the months of July and
January, unless required more frequently in the pretreatment
standard or by the City Engineer. The report 'shall indicate the
nature and concentration of pollutants in the effluent which are
limited by pretreatment standards and include a record of all
daily flows which during the reporting period exceeded the
average daily flow.
Wastewater discharge records of a Permittee shall be kept by the
Permittee for a period of not less than three (3) years. The
Permittee shall provide the City Engineer reasonable access to
these records during normal business hours. A Permittee subject
to an applicable national categorical pretreatment standard shall
maintain all records required by 40 CFR 403 of the General Pre-
treatment Regulations.
4 -4
• CHAPTER 6
PENALTIES
6.01 Civil Penalties
Any user who is found to have violated an Order of the city
Council or who has failed to comply with any provision of this
Ordinance, and the orders, rules, regulations and permits issued
hereunder, may be fined not more than One Thousand Dollars
($1,000.00) for each offense. Each day on which a violation
shall occur or continue shall be deemed a separate and distinct
offense. In addition to the penalties provided herein, the City
may recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by. an
appropriate action against the person found to have violated this
Ordinance or the order, rules, regulations, and permits issued
hereunder.
6.02 Costs of Damage
Following discussions between the City and users and a thorough
review of the problem, and a final decision as to the cause, any
user violating any of the provisions of this Ordinance or who
i discharges or causes a discharge producing a deposit or obstruc-
tion, or causes damage to or impairs the City's wastewater treat-
ment system shall become liable to the City for any expense,
loss, or damage caused by such violation or discharge. The Clerk
may add to the user's charges and fees the costs assessed for any
cleaning, repair, or replacement work caused by the violation or
discharge. Any refusal to pay the assessed costs shall consti-
tute a violation of this Ordinance.
6.03 Falsifying Information
Any person who knowingly makes any false statements, representa-
tion or certification in any application, record, reports, plan
or other document filed or required to be maintained pursuant to
this Ordinance or Wastewater Discharge Permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring
device or method required under this Ordinance, shall, upon con-
viction, by punished by a fine of not more than One Thousand
Dollars ($1,000) or by imprisonment for not more than six (6)
months, or by both.
R /HUTCH2 /ABO
6 -1
M1�0
• Mr. Gary D. Plotz, City Administrator
City of Hutchinson
37 Washington Ave. W.
Hutchinson, Minn. 55350
Dear Mr. Plotz:
Re: Requested Pretreatment Ordinance Changes
1 '
A Ole V-
.01 A
;;a5
The Minnesota Pollution Control Agency (MICA) has received your letter of
November 12, 1985 requesting our approval of amendments to your draft
pretreatment ordinance. We are also responding to your letter of September
1985 which proposed an amended schedule for pretreatment program
implementation.
We have the following comments on amended ordinance industrial limitations for
metals. With the exception of copper the proposed metals limits are acceptable.
Because the quantity of copper in the domestic discharge is sufficient, by
itself, to possibly cause water quality violations in the receiving water, it
is not -appropriate at this time for the MPCA to approve the requested increase
in-the ordinance copper limit. Therefore, please use the previously approved
industrial copper limit of 1.13 pounds per day.
The following comments relate to the ordinance text changes proposed in your
November 12, 1985 letter. The numbers correspond to the numbered proposed
changes in the attachment to that letter.
Number 6. The city should not unconditionally commit to never reducing the
10 industries allocation of pollutants which may be discharged. It is entirely
possible that the total allocation available for the city to distribute among
the industries could be reduced because of unforeseen changes. If the City
commits, in the ordinance, not to reduce an industries allocation by permits
later issued later to new industries, it must also clarify the possibility of
reductions in the industries allocation in order to meet the objectives of the
ordinance.
Numbers 13 & 14. The proposed changes are not entirely acceptable because they
leave out two essential authorities from the approved proposed ordinance.
These omissions are: subsection 4O1.5(f) should not be deleted since changes
t in an industry's discharge may necessitate modification of the permit; and
subsection 4.01.5(c) should be moved to section 5.02 of the ordinance and not
simply deleted.
Number 15. The proposed change to section 4.01.6 of the ordinance should not
be made because a wastewater discharge permit should not be transferred to a
user that it is not applicable to. Instead the old permit should be terminated
and a new permit issued.
Number 20. This proposed change to section 4.06 should not be made. No
information should be made automatically confidential. Any information which
industrial users desire to be kept confidential should be so requested when the
information is supplied, and the justification for the request presented at
that time.
Number 23. This change to section 5.03 is inappropriate. The City must have
the authority to take any enforcement action that may be necessary for past
violations. Future correction of the causes of past violations cannot be the
sole remedy available for violations. We understand that the intention of this
change was to make additional enforcement action by the City optional, and not
N
O�
prohibiting additional enforcement action. If this is the case this change is •
acceptable but the proposed language must be clarified.
The rest of the proposed changes are acceptable. The City must now proceed to
adopt the ordinance and begin implementing the pretreatment program which has
been developed. The schedule which the city submitted on September 19, 1985
for pretreatment program implementation includes an excessive amount of time
for getting applications from industries and issuing permits to them. Permits `
must be issued to industries no later than the end of March 1986. This will
likely require the city to obtain applications sooner than the proposed
schedule calls for. The remainder of the schedule is acceptable.
If the City of Hutchinson fails to implement their pretreatment program by the
schedule approved above, or if the City implements an unacceptable program, we
will refer the matter to our enforcement section for further action.
Because of the relatively high levels of copper found in the domestic
wastewater in Hutchinson we are requesting that the city add sampling for
influent copper to the other sampling required by your NPDES permit. This
change will be made tQ your permit in the near future.
If you have any questions regarding this letter, or the pretreatment program
in general, please call Randy Dunnette at (612)296 -7756.
Sincerely
Curtis J. Sparks, P.E.
Cheif, Permits Section
Division of Water Quality
0
(612) 879 -2311
• J..46rHUTCHINSON, CITY OF HUTCHINSON
WASHINGTON AVENUE WEST
MINN. 55350
M E M O R A N D U M
DATE: November 21, 1985
TO: _Mayor & City Council _ _ _ _ _ _ _ _ _ T — _
FROM: _Kenneth B. Merrill, Finance Director _ _ _ _ T _ _
SUBJECT: _Seni_or Advisory Board Money Request _ _ _ _ _ _ _
I have talked to the members of the Senior Advisory Board, and they want to
10 set up their own check book. The monies would be only from their fund raisers
and would not involve any City funds. It is also understood there will not
be any employee of the City involved in the handling of these funds.
Mr. Rotzien's request of $236.60 is money reserved in the City's fund balance
and would properly belong to the newly created fund. The $236.60 was money
earned bv_ 1984 fund raisers of the senior citizens. There should not be any
problems with this transfer.
Attachment
/ms
r
November 19, 1986
Dear Mayor and City Council;
Over the past several years the Senior Center has sponsored:i
numerous fund raising events. It is due to the facti ;that our
senior population has been extremely instrumental that these
fund - raising events have been successful.
On several occasions, fund raising money is not "earmarked ",
that is no particular way of spending the money is determined
right away. For this reason, money raised is set aside in the
City budget.
For convenience in monitoring and spending the fund raising money,
the Senior Advisory Board would like to set up a checking account
and run all fund raising money through that account. This account
would be supervised by the Senior Advisory Board members only.
Currently, an amount of $236.60, money raised in November 1984, is
listed in the City budget. We request the release of this amount
which will be deposited in this new account.
At this time, two items are to be purchased in the near future;
a storage space /shelvinq unit and a microwave for the kitchenette.
It is with fund raising money that these items are donated to the
Center.
The Senior Advisory Board has carefully considered this proposal
and it is on their behalf that I present this request.
Sincerely,
Arnold Rotzien
Senior Advisory Board Chairman
Ll
U
•
�- QI
•
M E M O R A N D U M
DATE: November 21, 1985
TO: Mayor & City Council___________________
FROM: _Kenneth B. Merrill, Finance Director _ _ _ _ _ _ _ _ _ _ _
SUBJECT: _Advanced Workshop In City Audits _ _ _ _ _ _ _ _ _ _ _
Each year the Minnesota Society of CPA holds a workshop for city audits.
I have found it helpful and informative to attend this conference. It
would be requested to attend this workshop on December 3.
Attachment
/ms
LJ
—el
MINNESOTA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
Presents
ADVANCED WORKSHOP IN CITY AUDITS
Sponsored %r Gw4w= retool Accounting and Ata t,a committee
Date. December 3, 1985 Tine: 9'00 a.m. - 5.:00 p.m.
Location: Radisson South Hotel CPE Cr"t- 8 Hours
Bloorrwtgton, Minnesota
Fee: $80.00 (Fee includes lunch, coffee
breaks, and a copy of Legal
Compliance Audit Guide for Local
Governments and other handouts.
KEYNOTE SPEAKER: ARNE H. CARLSON, STATE AUDITOR
Mr. Carlson was elected State Auditor in 1978 and immediately set upon overhauling that agency's
operation. He created uniform accounting for cities, counties, townships and special districts and made
Minnesota a leader among states in uniform accounting. Mr. Carlson created the nation's first Fiscal
Health Program which was designed to provide early warning to local units of government relative to
severe economic changes. His efforts in the area have been written up in theiWaUStreet Joumof and led
to his selection as the Midwestern Representative on the Board of Directors of the National Audit
Forum, which advises the United States General Accounting Office.
Arne Carlson _
State Auditor
TIME: TOPIC: SPEAKER:
8:30 a.m. - 9:00 a.m. Registration
9:00 a.m. - 9:30 a.rrL Keynote - Anne H. Carlson
Minnesota's Changing Economy State Auditor
St. Paul
4.30 a.m. - 10:45 a.m. Status Report on New AICPA Joseph P. Corntois, CPA
Industry Audit Guide for State Group Director
and Local Government U.S. General Accounting Office
Washington, D.C.
Registration form on reverse side.
s
'- ■
*I
Mr. Comtois was a member of
the AICPA Committee that
developed the Audit Guide.
10:45 a.m. - 11:00 &m.
Coffee Break
11:00 a.m. - 12..00 p.m.
Concurrent Sessions
Panel Presentations
1) Auditing Small Cities —
2) Investing Municipal Furls
12:00 p.m - 1:00 p.m.
Lunch
1:00 p.m. - 2:15 p.m.
Governmental Accounting
Venita Woods, CPA
Standards Board Update
Assistant Pm*t Manager
Standards Board
Stamford, Connecticut
2:15 p.m. - 2:45 p.m.
MSCPA Review of City Audits
Roger Schanus, CPA
Johnson, Roth, Bruns,
Hanson, Scharnss
& Company
New Ulm, Minnesota
2:45 p.m. - 3:00 p.m.
Coffee Break
3:00 p.m. - 5:00 p.m.
Minnesota's Legal Compliance
Panel and Discussion
Audit Guide for Local Governments
5:00 p.m. -
Adjourn
Registration form on reverse side.
s
'- ■
*I
•
•
ORDINANCE NO. 17/85
ORDINANCE AUTHORIZING SALE OF
MUNICIPALLY OWNED REAL PROPERTY
THE CITY OF HUTCHINSON DOES ORDAIN:
SECTION 1. That the municipally owned real property
legally described as follows:
That part of Lots 16 and 18 of the Auditor's Plat of
Section 7, Township 116 North, Range 29 West,
described as follows:
Beginning at the northeast corner of said Lot 18;
thence easterly, along the easterly extension of the
north line of said Lot 18, to the intersection with
the east line of said Lot 16; thence southerly, along
said east line, to the southwest corner of Lot 39 of
OAK PARK SECOND ADDITION, according to the recorded
plat thereof; thence westerly, parallel with said
north line of Lot 18 and its easterly extension, a
distance of 399.67 feet; thence northerly, parallel
with said east line of Lot 16, to the intersection
with a line parallel with and 30.00 feet southerly of
said north line of Lot 18; thence easterly, along said
parallel line, to the intersection with the east line
of said Lot 18; thence northerly, along said east line
of Lot 18, to the point of beginning.
For good and valuable consideration is hereby sold,
conveyed and warranted to Retirement Living Communities, Inc.,
a Minnesota Corporation, together with all hereditaments and
appurtenances belonging thereto.
ADOPTED BY THE CITY COUNCIL THIS 26th day of November , 1985.
ATTEST:
Gary D. Plotz, City Clerk
CITY OF HUTCHINSON
By:
Robert H. Stearns
Mayor of Hutchinson
17 - � '6' 1
RESOLUTION N0. 8158
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Signs 4,1346.25
Truck Routes
Maint.
Yes
Gopher Sign Co.
Well Repair
1273.40
Inspection & Treatment -
Water
Yes
L.T.P. Enterprises
Well No. 4
• The following items were authorized due to an emergency need:
ITEM I COST I PURPOSE I DEPT. IBUDGET I VENDOR
Date Approved: November 26, 1985 Resolution submitted for Council action
• Motion made by:
Seconded by:
by:
RESOLUTION NO. 8161
RESOLUTION OF APPOINTMENT TO
CITY SOLID WASTE MANAGEMENT COMMITTEE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT a City Solid Waste Management Committee shall be established to
study the issues of refuse and potential recycling, and
FURTHER THAT the following individuals shall be appointed to serve on
said City Solid Waste Management Committee:
1.
2.
3.
4.
5.
6.
7.
8.
Bill Everett
Ed E. Homan
Frank Mott
.Terry Notch
Barbara (Mrs. Clyde) Peterson
Marlow V. Priebe, Ex- Officio
Mark Schnobrich
Robert H. Stearns
Adopted by the City Council this 26th day of November, 1985.
ATTEST:
Gary D. Plotz
City Clerk
:J
Robert H. Stearns
Mayor
0
Q.
72; 879 -�.?'
�,F ' , ; �., C� F OF HUB' CHTRI � t��
,
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: November 26, 1985
TO: _ _ MAYOR -& CITY COUNCIL _ _ _ _ _ _ _ _ _ _
FROM: _ _ WATER BILLING DEPARTMENT
SUBJECT: _ _ DELINQUENT ACCOUNTS FOR MONTH OF NOVEMBER
Attached is a listing of the delinquent water accounts for the month
of November. Recommend water service be discontinued on Tuesday,
December 3rd at Noon.
i
0
Clint Knorr
Miles Willhite
1124 Lewis Ave.
136 11th Ave. NE
Hutchinson MN 55350
Hutchinson MN 55350
1235 7th Ave. N.W.
136 11th Ave. NE
3-105 -1235 -031
3-130 -0136 -041
152.59
1p09.00
cc: Robert Larter
cc: John Wild
1235 7th Ave. H.W.
640 Adams St.
Hutchinson 114 55350
Hutchinson HN 55350
CLOSED ACCOUNT
Hutchinson MN 55350
.
Epicurean Express
607 Bluff St.
642 Adams St. S
Lawrence LaTour
Hutchinson MN 55350
482 California St.
642 Adams St. S
Hutchinson MN 55350
3- 210- 0642 -041
482 California St.
62.75
3- 275 - 0482 -091
cc: John Wild
55.68
640 Adams St.
cc: Quentin Gruis
Hutchinson HN 55350
125 Water Street
Hutchinson MN 55350
Hutchinosn MN 55350
590 Monroe Strcet
CLOSED ACCOUNT
Gary anderude
420 Ca necticytreet
129.43
Hutchin n 55350
Promises to pay 1215/85
420 Con ticut Street
3-34 42 051
Darrel Danek
10 .78
Rt. I
712 Hilltop Drive
vtewart MN 55385
Hutchinson MN 55350
326 4th Ave. SW
712 Hilltop Drive
1- 070 - 0326 -004
3-530- 0712 -021
43.61
112.64
cc: Corey Stearns
David Heins
326 4th Ave. SW
433 Erie St. South
Hutchinson MN 55350
Hutchinson MN 55350
CLOSED ACCOUNT
433 Erie St. South
540 nroe S et
3 -380- 0433 -011
Randy Gunderson
85.33
1011 N 6th
575 Peterson Circle
Montevideo MN 56265
3- 800 - 0575 -012
113.98
506 Adams St. S
-
3- 210 -0506 -093
Jim
21.76
Lane
Winsted MN 55395
Leonard Rieman
450 Water Street
112 Mark Drive
3- 970 -0450 -051
Hutchinson MN 53350
CLOSED ACCOUNT
112 Mark Drive
3- 695 - 0112 -091
40.78
Howard Riggle
415 Adams St. S
Hutchinson MN 55350
415 Adams St. S
3 -210- 0415 -091
109.76
Ca in Leek
416 ams t. S
Hutchi n MN 55350
416 am St. S
3- 0 -0416 81
.39
Ronnie Telecky
James Reilein
607 Bluff St.
481 Clark Street
Hutchinson MN 55350
Hutchinson MN 55350
607 Bluff Street
481 Clark Street
3- 250 - 0607 -081
3- 320 - 0481 -052
115.99
81.87
111.28 total now due'
Charles Rothemeier
Gerald Elliot
479 Connecticut Street
590 Monroe Street
Hutchinson SIN 55350
Hutchinson MN 55350
479 Connecticut Street
590 Monroe Strcet
3 -343 -0479 -052 --
3- 735- 0590 -021
129.43
164 -40
Promises to pay 1215/85
Scalawags
Vince Jahner
1150 Hwy 7 West
712 Hilltop Drive
Hutchinson MN 55350
Hutchinson MN 55350
1150 Hwy 7 West
712 Hilltop Drive
3- 505 -1150 -181
3-530- 0712 -021
296.31
112.64
cc: James Schlagel
Buffalo Lake MN 55314
Sewer and Rufuse Only
Ja Deragon
Rodney Markgraf
540 nroe S et
S75 Peterson Circle
Hutchi so MN 55350
Hutchinson MN 55350
540 Mo a Street ` a J
575 Peterson Circle
3 -7 -05 -031., per""
.27
3- 800 - 0575 -012
113.98
r
�YO , SAS '}D � dal `t
Midwest Trailer Court
Jim
Box 157
Lane
Winsted MN 55395
Hut350
450 Water Street
976 Lane
K
3- 970 -0450 -051
3- 81,261.64
0 POLICE DEPARTMENT MEMORANDUM
TO Mayor and City Council
DATE November 14, 1985
FROM Dean M. O'Borsky, Chief of Police YWVVVV
SUBJECT
I request that Nancy Buss's job title be changed from Secretary to Office
Supervisor, effective January 1, 1986, as per her changed duties.
She has actually been performing many of the duties over the past several
months and the approved 1986 budget already reflects the pay grade change to
mid -point of Grade 8.
See attached memos.
9 --c
POLICE DEPARTMENT MEMORANDUM
TO
Plotz and Hazel Site
FROM Dean M. O'Borsky, Chief
SUBJECT • Office Supervisor
i ce
DATE September 10,.1985
I have attached memos of March 6 and March 27, 1985 which refer to the
reclassification of Nan Buss. Since that time I have assigned her to the
duties as outlined in the first memo. I intend to continue her in that area
.-of responsibility as it has proven to be the most efficient method.
In keeping with my original request I propose that her job title be
changed to Office Supervisor and her pay grade be changed to the mid - point
of Grade 8. Currently the dispatchers are at the mid -point of Grade 7 and
I think this is an appropriate increase for one who is responsible for their
supervision.
I believe this is the least expensive way to deal with a crucial area
which is becoming increasingly more complicated and technical. It is
important that this be made a line item change in the proposed budget. The
approximate increase per year would be $2,664.00.
Mrs. Buss currently supervises-four full -time and six part -time employees.
Her salary is less than the people she supervises. I think that in fairness
this change should be made at the earliest opportunity.
/986
DMO:neb
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}
POLICE DEPARTMENT MEMORANDUM DATE
March 6, 1985
TO Hazel Sitz, Personnel Coordinator
FROM Dean M. O'Borsky, Chief of Police
SUBJECT Officer Manager
Several months ago I requested a grade change for police secretary Nancy
Buss.' -.At that time I documented what I thought were strong reasons for the
change because of her expanded responsibilities.
Since that time I have given a lot of thought to the innovations that
will be occurring in the police department. With the arrival of the computer
I anticipate major changes in our office procedures. Clerical functions will
require much closer supervision by on experienced office person on a daily
basis. Currently dispatchers are supervised by a sergeant who really cannot
keep up with all of the latest changes.
The expertise required for this new technology will be outside of the
scope of knowledge of a police sergeant. In fact the sergeant will be freed
-to concentrate on his patrol supervision responsibilities. It will be
disastrous to not have day to day continuity as we set up a new system.
I need to have one person to coordinate and supervise the four full -time
and six part -time employees so they all may become as literate with the new
procedures as quickly as possible.
I can't emphasize how revolutionary these changes will be to everyone
In the department which I am sure will cause some difficulty until we have
completed the transition.
Some of the responsibilities that I propose the new position encompass
in addition to the current secretary's job•will•be:
1. Records Management-- Organize and coordinate the entire Police Department
record keeping system to include the automation of the POSSE record
keeping system.
2. Initially revise and implement all new forms to include ICR's, offense
reports, arrest reports, vehicles reports, etc;
3. Act as ongoing systems coordinator /manager between LOGIS and our City;
Identif , define and correct problems here and relay those problems to
LOGIS. �AS ir' eF-rMV.- JW P05sp
4. Attend regular meetings of the LOGIS /Posse Users Group.
•. 5. Attend Board meetings at LOGIS as a representative from Posse.
6. Coordinate entry to MINCIS so as not to duplicate items that are
not necessary.
1. Establish and maintain all code tables.
8. Schedule training sessions for dispatchers with LOGIS.
9. Schedule training sessions for officers.
10. Consult with Chief on budget, office needs and purchasing.
11. Review all arrest records before any information is dispersed to
Court, Judge, County or City Attorney, etc;
12. Supervise four full -time and six part -time employees.
a. Daily planning, organizing, etc;
b. Scheduling to include vacationer days off, overtime, etc;
c. Arrange yearly schools (CJIS, etc;)
d. Advise in hiring new employees.
•
I propose that a supervisory position be created to reflect the above
responsibilities, to be compensated based on an evaluation of the position's
relative worth. I would entitle the position "Officer Manager" and propose •
.that Secretary Nancy Buss be promoted to the position.
DMO:neb
0
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POLICE DEPARTMENT MEMORANDUM DATE 3 -21 -85
Hazel Sit
TO z and a Gary P lotz
FROM Dean M. O'Borsky, Chief of Police
SUBJECT . Job Change
=.I was very pleased to hear your support for my request of March 6, 1985
to create the position of Office Manager. Since I wrote the request however
I have rethought the time table and implementation procedure.
Lplan to handle this through the assignment of certain duties described
in the original memo while at the same time withholding most of the supervisory
duties. Once our change over is complete and we are operational I intend to
request that the job status change'be placed in effect.
Please withhold action on my original request until such time as 'I might
find appropriate.
.Th k!
Dean
•
r
(612) 587 -5iCc 1
H�rcy' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
MEMORANDUM -
Date: November 20, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Request for Rezoning as Submitted by Lawrence Wendorff
Pursuant to Section 6.06, C4, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and
recommendation with respect to the aforementioned request for rezoning.
HISTORY
On October 25, 1985, M r. Lawrence Wendorff submitted a request to rezone
property located at 771 -775 Dale Street from R -2 to R -3 (Multiple Family
Residence District), for the purpose of using the structure on the property
as a 4 -plex. A public hearing was held at the regular meeting of the
Planning Commission on Tuesday, November 19, 1985, at which time there was
no one present who objected to the request. It was pointed out that there
are restrictive covenants on the property which disallow this use; however,
the City Attorney stated that if a property owner in the Southview
Subdivision objected to the use, the property owner would have to pursue the
matter privately.
FINDINGS OF FACT
1. The required application and site plan were submitted and the appropriate
fee was paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, November 7, 1985.
3. There is adjoining property zoned R -3.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned
request to rezone be granted.
• Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commission q—e
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ORDINANCE NO. 19/85
AN ORDINANCE AMENDING ORDINANCE NO.-464 CONCERNING
ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND
THE OFFICIAL ZONING MAP
THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS:
The following described real property is hereby rezoned from R -2 to
R -3 Multiple Family Residence District.
Lot 9, Block 4, Southview Subdivision
Adopted by the City Council this day of 1985.
•
Robert H. Stearns
Mayor
ATTEST:
Gary D. Plotz
City Clerk
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('{12)587 -5i5i
Z I T Y OF HU CHINSON
37 WASHINGTON AVENUE WEST
HUTCHINAgN *IWNA4�%5(p M
DATE: November 20, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit as requested by Pure Culture Products
Pursuant to Section 6.05, C5, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom
mendation with respect to the aforementioned request for a conditional use
permit.
HISTORY
On October 29, 1985, Pure Culture Products, Inc. submitted an application
for a conditional use permit to allow the installation of an 8" fire water
main with two fire hose stations, deluge rail car system and deluge
fermentor system, new rail car unloading bed with catch basin and sump, new
tank truck unloading slab with safety stations and compressor house and new
8' chain link fence to enclose and protect new property and equipment. A _
public hearing was held at the regular meeting of the Planning Commission on
Tuesday, November 19, 1985, at which time there was no one present who
objected to the request.
-FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on November 7, 1985.
3. The proposal is in conformance with the requirements of a conditional
use permit, and is required because the property is in an IC -1 zone.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned
request for a conditional use permit be granted.
Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
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RESOLUTION NO. 8159
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO
ALLOW THE INSTALLATION OF UNLOADING FACILITIES AND SAFETY EQUIPMENT
ON PROPERTY LOCATED IN AN IC -1 ZONE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Pure Culture Products, Inc. has made application to the City
Council for a Conditional Use Permit under Section 8.12 of Zoning Ordinance
No. -464 to allow the installation of unloading facilities and safety equip-
ment on property located in an IC-1 zone at 35 Adams Street North, with the
following legal description:
Lots 4, 5, 6, 7, 8, 9 and 10 of Block 46 North Half City of
Hutchinson
2. The City Council has considered the recommendation of the Planning
Commission and the effect of the proposed use on the health, safety, and
welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, and the effect on values of properties in the surrounding
• area and the effect of the use on the Comprehensive Plan.
3. The Council has determined that the proposed use will not be detri-
mental to the health, safety, or general welfare of the community nor will it
cause serious traffic congestion nor hazards, nor will it seriously depreciate
surrounding property values, and the proposed use is in harmony with the gener-
al purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
rnwrl IICTnm
The application for a Conditional Use Permit for the purpose designated
is granted based upon the findings set forth above.
Adopted by the City Council this 26th day of November, 1985.
Attest:
• Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
9�
(612) 587 -315 i
J-009HUTCHINSON, C1 T Y OF HU-d"CHINSON
WASHINGTON AVENUE WEST
MINN. 55350
MEMORANDUM
DATE: November 20, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Preliminary and Final Plat of "Helland's Seventh Addition"
as submitted by Tyrone He and
Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom
mendation with respect to the aforementioned request for a preliminary and
final plat.
HISTORY
On November 1, 1985, Mr. Tyrone Helland submitted an application for a
preliminary and final plat to be known as 'Helland's Seventh Addition ",
located on Eighth Avenue and Colarado Streets. A public hearing was held at
the regular meeting of the Planning Commission on Tuesday, November 19,
• 1985, at which time there was no one present who objected to the request.
FINDINGS OF FACT
1. The.required application and plat maps were submitted and the
appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, November 7, 1985.
3. Director of Engineering, Marlow Priebe reported that the plan conforms
an updated overall plan submitted previously, noted improvements that
will be necessary, stated the necessary parks and playground
contribution in the amount of $1,108.80 and stated that the subdivision
agreement to be drawn up will include those items.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore
mentioned preliminary and final plat of be approved.
Respectfully submitted,
• Roland Ebent, Chairman
Hutchinson Planning Commisson
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(612) 587 -5151
f/UTCH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: November 25, 1985
TO: Mayor & Council — -- — — — — — — — — — — — — — — — — — —
FROM: Gary Plotz 4,v.
----- — — — — — — — — — — — — — — --
SUBJECT: Preliminary and Final Plat _ Helland'!s Seventh Addition— —
It has been brought to my attention that the preliminary and
final plat of Helland's Seventh Addition perhaps should be
referred back to the Planning Commission for the following
reasons:
1. The Preliminary Plat does not show all the data
required under Section 3.30 of the Subdivision
Ordinance.
2. A certificate from the City Engineer, Section 3.44,
must be attached to the preliminary plat, stating
the plat meets the requirements.
9- �c
(612) 587.5151
CITY OF HUTCHINSCN
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
DATE: November 20, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Amendments to Subdivision Ordinance #466
Pursuant to Section 6.06, C1, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom
mendation with respect to the aforementioned request for an amendment to the
Subdivision Ordinance. —
HISTORY
After months of review of Subdivision Ordinance #466, the Planning
Commission set a public hearing for November 19th, 1985, at which time an
updated. version of the Ordinance, including several amendments, was
considered. At the public hearing, there was no one present who objected to
the proposed amendments.
FINDINGS OF FACT
• -1 All procedural requirements for amendments to the Subdivision Ordinance
have been complied with.
2. Notice was published in the Hutchinson Leader on Thursday, November 7,
1985.
3. The proposal was deemed to be .appropriate and in the best interest of
the City.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for amendments to Subdivision Ordinance 1466 be approved.
Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
�Iml
0 SUBDIVISION ORDINANCE NO. 466
City of Hutchinson, Minnesota
October, 1974
Updated - November, 1985
0
9- F
TO WHOM IT MAY CONCERN
This proposed subdivision ordinance was prepared at the request of the City of
Hutchinson, Minnesota, by the planning consultant firm of Nason, Wehrman,
Chapman Associates, Inc. The purpose of this ordinance is to provide the City
with up -to -date subdivision controls which will provide assistance in the
implementation of the comprehensive plan.
This draft has undergone many months of review by the Planning Commission,
Council and staff for the purpose of evaluating this ordinance and making
changes to best accommodate community needs. Local legal review is recommended
as essential.
This proposed ordinance represents an attempt to supply Hutchinson with a
workable tool to accomplish local planning objectives. Every effort was made
to insure that this ordinance would conform to state law provisions and provide
a forum for due process within the City.
0
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TABLE OF CONTENTS
SECTION
TITLE
1
GENERAL REQUIREMENTS
2
DEFINITIONS
3
PRELIMINARY PLAT
4
FINAL PLAT
5
MINIMUM IMPROVEMENTS REQUIRED
6
MODIFICATION AND EXCEPTIONS
7
ENFORCEMENT
8
PENALTY
9
SCHEDULE OF FEES
10 -
SEPARABILITY
11
REPEAL OF CONFLICTING ORDINANCES
12
VARIANCES
13
SPECIAL APPLICATION REQUIREMENTS
PAGE
1
2
3
6
9
191 27
20
20
P4 21
24 21
24 21
24 21
24 21
ORDINANCE NO. 466
An ordinance to regulate the subdivision of land, the laying out of streets,
and the safe development of other urban services and facilities.
SECTION 1 -- The Municipal Code of the City of Hutchinson be amended to include •
the following Subdivision Platting Regulations:
1.00 GENERAL REQUIREMENTS
1.10 PURPOSE: Land subdivision is the first step in the process of community
development. Once land has been divided into streets, blocks, lots and
open spaces, a pattern has been established which determines how well
community needs for residence, business and industry will be met. It
also determines, to a great extent, how well the community will be able to
handle its traffic circulation problems, how well it will be able to meet
the demand for home sites and how efficiently and economically it will be
able to provide the many services that are required.
These subdivision regulations are designed to provide for harmonious
development of a subdivided area; for a coordinated layout; for the
proper arrangement of streets; for adequate and convenient spaces for
traffic, utilities, recreation, light, air, and access for fire fighting _
equipment; and for adequate provision of water, drainage, sewer and other
sanitary facilities. These regulations shall not apply to land used only
for agricultural purposes.
1.20 LEGAL AUTHORITY: This ordinance is enacted pursuant to Minnesota
Statutes 1965, Section 462.358.
1.30 TITLE: Thos ord4nance shall be known and may be e4ted and referred
to as the Rules and Reguiet #ens for the P4att4ng and Subd4v4d4ng of
Eand 4n the E4ty of Huteh4nsen; M4nnesota. Subdivision Regulations
for the City of Hutchinson.
I;49 SHORT T*TEE- Subd4v4s4en Regulations of the 64ty of Hutchinson:
1.40 JURISDICTION: The regulations herein governing plats and the subdivision
of land shall apply within the corporate limits of the City as determined
by plat at the time of application and the unincorporated area within two
miles of its limits provided that where ai municipality lies less than
four miles from the limits of the City of Hutchinson, these regulations
shall apply only to a line equidistant from the City of Hutchinson and
said municipality, and provided further, that the governing body or
bodies of unincorporated towns adjacent to the City have not adopted
ordinances for the regulation of subdivision of land or platting. Copies
of resolutions approving subdivision plats of land outside the City but
not subject to Township subdivision regulations shall be filed with the
Clerk of the town in which the land is situated.
1.50 APPLICATION OF ORDINANCE: Any plat, hereafter made, for each subdivision
or each part thereof lying within the jurisdiction of this Ordinance,
shall be prepared, presented for approval, and recorded as herein
prescribed. The regulations contained herein shall apply to the
subdivision of a lot, tract or parcel of land into three or more lots,
tracts or other division of land for the purpose of sale or building
development, whether immediate or future, including the re- subdivision or
•
replatting of land or lots. uivision OT iano in tracts larger tnan n ve
(5) acres in area and 300 feet in width shall be exempt from the
requirements of this Ordinance.
1.60 CONVEYANCE OF LAND: No conveyance of land in which the land conveyed is
described by metes and bounds, or by reference to a plat made after
• adoption of these platting regulations without recommendation �X Planning
Commission approval by Council resolution, shall be made or recored-Tf-
�ie parcel= described in the conveyance is less than five (5) acres in
area and 300 feet in width unless such parcel is a separate parcel of
record at the time of adoption of this ordinance or unless an agreement
to convey such smaller parcel was entered into prior to such time and the
instrument showing the agreement to convey is recorded in the office of
the Reg4ster of Deeds County Recorder within one year hereafter.
1.70 RIGHT OF BUILDING PERMIT REFUSAL: The City Engineer and /or Building
Inspector shall refuse building permits and utility services to any
parcel of property conveyed by metes and bounds description in viola-
tion of this ordinance.
1.80 PUBLIC STREET GRANTS: No grant of a public street to the City by
deed shall be filed without the approval of the Council by a
resolution to that effect.
2.00 DEFINITIONS: As used in these regulations, certain terms and conditions are
herewith defined as follows:
2.01 COMMISSION: The advisory Planning Commission of the City of Hutchinson,
Minnesota.
2.02 MAP: A drawing showing one or more parcels of land.
• 2.03 PLAT: A map showing a plan for the subdivision of land which is
submitted for approval and is intended in final form for recording.
2.04 STEET: A way set aside for vehicular traffic, regardless of size or
designation, but excluding private driveways serving only one parcel of
land.
2.041 ARTERIAL STREETS AND HIGHWAYS: are those designed or utilized
primarily for vehicular speeds and /or for heavy volumes of traffic.
2.042 COLLECTOR STREETS AND HIGHWAYS: are those designed or utilized to
carry intermediate volumes of traffic from minor streets to arterial
streets.
2.043 LOCAL STREETS: are those which are used or wi 11 be used primarily
for access to abutting properties and which carry limited volumes of
traffic.
2.044 SERVICE DRIVES: are minor streets which are parallel and adjacent to
higher classified thoroughfares which serve to reduce the number of
access points to those thoroughfares and thereby increase traffic
safety.
2.045 ALLEYS: are minor ways which are used primarily for vehicular
• service access to the backs or to the sides of properties which
otherwise abut on streets.
2
2.05 SUBDIVISION: is a described tract of land which is to be or has been
divided into three or more lots or plots for the purpose of immediate
or future transfer of ownership for the purpose of sale or of building
development, including the re-subdivision or replatting of land or lots.
Division of land in tracts larger than five acres in area and three
hundred (300) feet in width and which does not involve any new streets or •
easements of access shall be exempt from the requirements of this
ordinance.
2.06 TRANSPORTATION PLAN: The part of the Comprehensive Plan, now or hereafer
adopted which includes a major street and highway plan and sets forth the
location, alignment, dimension, identification, and classification of
existing and proposed streets, highways and other thoroughfares.
2.07 ZONING ORDINANCE: City Ordnance #464 as amended, including the
official zoning map which divides the jurisdiction of the Commission
-into districts with regulations, requirements and procedures for the
establishment of land use controls.
2.08 LOT: A lot is a piece or parcel of land occupied or to be occupied by a
building or use, or as a unit for the transfer of ownership.
2.09 BLOCK: A block is-the distance as measured along a street between
intersecting streets from center line to center line; and where the
context requires, it also means the enclosed area within the perimeter
of the streets or property lines enclosing it.
2.10 CITY: City of Hutchinson, Minnesota.
2.11 CITY COUNCIL: City Council and the City of Hutchinson, Minnesota.
2.24 STORM SEWER: Storm sewer is a constructed conduit for carrying
surface waters to a drainage course.
2.25 SETBACK: Setback is the building setback line of distance as
measured from the nearest street, road, or water shoreline.
2.26 SUBDIVIDER: is any person, individual firm, association, syndicate,
co- partnership, corporation, trust or other legal entity commencing
proceedings under this Ordinance to effect a subdivision of land.
2.27 SURVEYOR: is a duly Registered Land Surveyor employed by the
subdivider for the preparation of subdivision surveys or plats as
required by this ordinance and State Statute, and in accordance with
City Ordinance and State law.
2.28 UTILITIES: Utilities includes watermains ssani_targ sewer lines storm
sewer lines, —power Wines, gas lines, telephone 1 ines�-Ca6Te T.�.
lines.
3.00 PRELIMINARY PLAT
3.10 ADVISORY MEETING WITH CITY PLANNING STAFF: Before preparing a
Preliminary Plat and submitting it to the Planning Commission for
approval, the subdivider shal l meet and consult informally with the City .
Planning Staff for the purpose of ascertaining the locations of proposed
3
major streets, parks, playgrounas, scnooi sites, ano otner piannea
projects which may affect the property being considered for subdivision.
At the same meeting, the subdivider shall review with the City Planning
Staff the minimum standards of subdivision design set forth in Section
5.00. This informal review should prevent unnecessary and costly
revisions in the layout and development of the subdivision. Formal
• application or filing of a plat with the City of Hutchinson is not
required for this informal advisory meeting.
3.20 PRELIMINARY PLAT REQUIRED: Before submission of a Final Plat, the
subdivider shall prepare and submit to the City Clerk Preliminary
Plats of the land he proposes to develop as described in Section 3.42.
The Pre 1 imi nary P 1 ats sha 11 be submi tted on 1y after the Ad i sory
Meeting with the City Planning Staff and prior to the making of any
street improvements or the installation of any utilities.
3.30 PRELIMINARY PLAT DATA: The Preliminary Plat shall meet the standards
of design as set forth in Section 5.00 and shall show the following
information:
3.3101 Scale of one hundred (100) feet to one (1) inch or larger.
3.3102 Name of Subdivision, name and address of the owners, the engineer
or surveyor, and the owners of the adjacent property.
3.3103 Location of subdivision by section, town, range or other legal
description together with small scale sketch showing location
within the section.
3.3104 Date, approximate north point, and graphic scale.
3.3105 Acreage of land to be subdivided.
3.3106 Zoning classification of lands to be subdivided and all adjacent
lands.
3.3107 Contours at an interval of two (2) feet.
3.3108 Boundary lines of area to be subdivided and their bearings and
distances.
3.3109 Existing and proposed easements and their locations, widths, and
distances.
3.3110 Streets on and adjacent to the tract and their names, widths,
proposed approximate grades and proposed relative ground eleva-
tions at the intersections of all streets and every 100 feet along
such streets and at the corners or extremities of the plat, and
other dimensions as may be required. Elevations shall be to city
datum or if unavailable, a bench mark for the plat shall be shown.
3.3111 Utilities on and adjacent to the tract showing proposed
connections to existing utility systems. Rear and front and
sidelot easements for u W ity pe4es and wires utilities shall be
provided wherever possible. Data to be pro vi ed inc u es types of
utility; location of manholes, catch basins, hydrants, etc.;
approximate depth of pipe, size of pipe and direction of flow.
4
3.3112 Lot line, lot numbers, and approximate lot dimensions.
3.3113 Sites and their acreages, if any, to be reserved or dedicated for
parks, recreation areas, open spaces, schools, or other public uses.
Sites, if any, for semi- public, commercial , or multi - family uses.
3.3114 Minimum building setback lines.
3.3115 Location of railroads, streams, natural and proposed drainage
courses, permanent buildings, or other structures.
3.3116 Other reasonable information, such as percolation and other soil
tests, if so requested by the Commission in order to make a proper
review of the site.
3.3117 Copies of proposed deed restrictions, if any, shall be attached to the
Preliminary Plat.
3.3118 An informal statement as to the general plan of improvements,
drainage and development.
3.40 PRELIMINARY PLAT PROCEDURES:
3.41 Prior to submittal of the Preliminary Plat, in the case of any proposed
plat which includes lands abutting upon any existing or established
trunk highway or proposed highway which has been designated by a
center line order found in the office of the Register of Beeds County
Recorder, the plat shall first be presented to the State Commissioner
Highways of the Department of Transportation for his written comments
and recommendations .The Commissioner of Highways the Department of
Transportation shall submit written comments to the City in accordance
with a e Law. In requesting the comments of the Commissioner of
Highways the Department of Transporation, the subdivider shall include
a written statement describing the outlet for and means of disposal of
surface waters in the proposed platted area.
3.42 Ten Twelve copies of the Preliminary Plat and supplementary material
specified shall b; e o the City Clerk for filing with a
written application or — itional approval.
3.43 The City Clerk shall , upon receipt of a Preliminary Plat, retain one
copy, refer one copy to the Zoning Administrator, and refer two
copies to the Engineer for review as to completeness of information.
If found to be incomplete, the application will be returned to the
developer. I f found to be comp 1 ete, the p 1 at wi 11 be referred to
other City Department heads, the Utilities Commission, the Telephone
Company and Cable T.Y., for review as necessary.
3.44 Upon review by City Department heads, the Utilities Commission the
_T�eelepPhon.e. Company and Cable T.V.,the copy of together with
�ommen s�suggesteTrev versions shall be referred to the Plan-
ning Commission for a public hearing. The Preliminary Plat shall
receive the approval of the Engineer as to engineering considerations
prior to consideration by the Planning Commission. A certificate of
approval by the Engineer shall be attached to the Preliminary Plat.
3.45 The City of Hutchinson shall notify the subdivider by eertified mail
of the time and place of the public hearing not less than five (5)
5
i
0
nays oerore the oate TI xea Tor the near i ny. J 111111 t or nv%, I %.a 3110 / 1 vv
mailed to the owners of the land immediately adjoining the area to be
subdivided as shown on the Preliminary Plat. Time and place of the
-public hearing shall be published at least once in the official
newspaper at least ten (10) days prior to the hearing. The publica-
tion shall include a drawing which shows the location of the proposed
• subdivision.
3.46 Within sixty (60) days after the hearing on the Preliminary Plat, the
Planning Commission shall recommend approval, disapproval, or approval
subject to modifications of the said plat to the City Council.
Failure of the Planning Commission to act on this Preliminary Plat
within sixty (60) days shall be deemed a recommendation of approval
of the plat. If a plat is recommended for disapproval, reasons for
such disapproval must be stated in writing. If approval subject to
modifications is recommended, the nature of the required modifica-
tions shall be indicated in writing. The Planning Commission shall
then forward the Preliminary Plat together with its recommendations
to the City Council for final action. The final action of the City
Council shall be noted on two (2) copies of the Preliminary Plat with
any notations made at the time of approval, disapproval of the
specific changes required. One (1) copy shall be returned to the
subdivider and the other placed on file in the office of the City
Clerk. _
3.47 Approval of the Preliminary Plat shall not constitute acceptance of
the Final Plat. The approval of the Preliminary Plat shall lapse
unless a Final Plat based thereon is submitted within six (6) months
from the date of such approval. An extension of time may be applied
for by the subdivider and granted by the City Council.
3.50 SUBDIVISION OF A PORTION OF A LARGER TRACT: Whenever part of a tract
• is proposed to be subdivided and it is intended to subdivide
additional parts of the tract in the future, a sketch plan for the
entire tract showing the proposed platting arrangement shall be
submitted to the Planning Commission at the time the Preliminary Plat
for the first part of the tract to be platted is submitted.
3.60 PLAT REVIEW CHARGE: A filing fee will be charged at the time of
filing the Preliminary Plat to offset administrative costs in
processing the application. This fee will be assessed once for each
preliminary plat application submitted; no additional fee will be
charged for filing a final p 1 at. Such fee will be computed on the
basis of a minimum fee of $25.407 pp4as $1.08 for eeeh 4ot w4th e
max4mum fee of $158:88: as determined by resolution of the City
Council of the City of Hutchinson.
4.00 FINAL PLAT
4.10 FINAL PLAT DATA AND SUPPLEMENTARY DATA: The final plat shall be
prepared at a scale of 1" = 100' in the following numbers: One (1)
mylar reproducible stamped "City Copy ", signed; Two (2) mylar repro-
ducible stamped "copy ", signed; One (1) cloth, stamped "Original",
signed and Two (2) cloth stamped "copy ", signed. The Final Plat
shall be prepared on sheets 20" wide and 30" in length with a 2" left
border line and a 1/2" top, bottom and right border line. The Final
• P 1 at sha 11 i nc 1 ude the f 11 owi ng i nformation and any other i nforma
tion required by State law:
ri
4.101 Data required by State Law to fully describe the land to be
platted including accurate dimensions, angles, bearings to
describe boundaries, streets, easements, areas reserved for
public purpose and other important features.
4.102 Name and right -of -way width of each street, highway, easement,
or other rights of way as required by State Law.
4.103 Lot numbers, lot lines, and dimensions.
4.104 Purpose for which sites, other than residential lots, are
dedicated or reserved.
4.105 Location of rivers, streams, creeks, lakes, ponds, swamps as
required by State Law.
4.106 Location and description of monuments as required by State Law.
4.107 Names and location of adjoining subdivision, streets and
unplatted properties.
4.108 Certification on plat of title showing that the applicant is the
owner and a statement by such owner dedicating street, rights -of-
way, and any other sites for public use.
4.109 Certification on plat by surveyor as to the accuracy of survey
and plat.
4.110 Certification on plat by the City Clerk that the plat has been
approved for recording in the office of the County Register of
Seeds Recorder.
4.111 Certification that the subdivider has complied with one of the
following alternatives shall be submitted with the Final Plat:
a. A11 the improvements have been installed in accordance with
the requirements of these regulations, or
Y b. A bond has been posted with the City which is in an amount
determined by the Council to be sufficient to complete the
improvements and installations in compliance with these regu-
lations, is with a surety satisfactory to the Council, and
which specifies the time for the completion of the improve-
ments and installations.
c. A subdivision agreement will be si ned the subdivider and
the City re ative to improvement s an appurtenances to t ie plat.
4.112 Cross - sections, profiles and grades of streets, curbs, gutters
and sidewalks showing locations of in- street utilities, and drawn
to standard scales and elevations shall be submitted with the
Final P 1 at:: when improvements are instal 1 ed under 4.111 "a" or
4.113 Protective covenants, if any, shall be submitted with the Final
Plat.
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0
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0
4.114 Letters of approval of highway access points and service roads
from the Commissioner of H4ghweys the Department of Transporation
and the County Engineer, as applicable, shall be submitted with
the Final P 1 at.
• 4.20 FINAL PLAT PROCEDURE:
4.21 Fear f41 Twelve 12 paper print copies of the final plat together
with any street profiles, other plans and certifications as indicated
in Section 4.10 that may be required shall be submitted to the City
Clerk by the subdivider.
4.22 One (1) paper print copy of the Final Plat shall be transmitted to the
Engineer who will check said plat as to computations, monuments,
etc., and that all the required improvements have been completed to
the satisfaction of the City, or, in the case a security bond has
been posted, that it is sufficient to cover the cost of the required
improvements. If found satisfactory, he the engineer will refer the
paper print copy of the Final Plat to the Planning Commission with h4s
the engineer's approval certified thereon within thirty (30) days of
feceipt thereof.
_ ✓4.23 Within_ sixty (60) days after the submittal of the Final Plat, the
Planning Commission shall recommend roval or disapproval of the
said Plat. Failure of the Planning c ission to act upon this
Final Plat within sixty (60) days sha be deemed a recommendation
of approval of _ If Plat disapproval is recommended, the
grounds for iapprova all be stated in the records of the Plan -
ning Commission. plat shall not be recommended for approval
unless it:
• a. Conforms to the Preliminary Plat.
b. Conforms to the design standards set forth in this ordinance.
c. Conforms to the adopted Comprehensive Plat.
d. Is in accordance with all requirements and laws of the State of
Minnesota.
The Planning Commission shall then forward the plat together with
its recommendations to the City Council for final action.
4.231 It is the intent of this ordinance that a paper copy of the final
plat go to the Planning Commission and City Engineer for review
and to the City Council for action. When the paper print of the
final plat has been approved by the City Council, the developer
shall then cause the required mylar, cloth, paper and sepia
prints to be made with the approval of the City certified
thereon, and distributed according to State Statute.
4.24 When the Final Plat has been approved by the City Council, the
required copies shall be returned to the subdivider, with the
approval of the City certified thereon, for filing with the County
Reg4ster of Beeds Recorder as an official plat of record.
4.25 Upon aproval of the Final Plat, the subdivider shall record it with
Reg4ster of Beeds the County Recorder within two hundred seventy
8
(270) days (3/26/85) in the manner specified by State Law. Otherwise
the approval shall - become void unless a request for extension has
been made in writing an approved by the City Council.
5.00 MINIMUM IMPROVEMENTS REQUIRED: The developer shall provide the 10 fol lowing improvements before approval of a plat; or shall provide
the necessary funds in escrow; or shall provide a performance bond
in an amount necessary to insure compliance with the installation of
improvements as herein required. Provided, however, that the City
Council may also accept petitions for said improvements to be instal-
led on a special assessment basis. All of the improvements required
in this section shall be constructed only after the plans and
specifications thereof have been approved by the City.
No areas platted after the date of this ordinance outside the City
of Hutchinson or properties subdivided by metes and bounds descrip-
tions after date of this ordinance will be accepted for annexation
unless it shall substantially conform or can be made to substantially
conform to the minimum standards herein.
5.01 GENERAL: The plat shall conform to the Official Map and other
parts of the adopted Comprehensive Plan of the City of Hutchinson.
5.02 OFFICIAL MAP: Whenever a tract to be subdivided embraces any part
of an arterial or collector street or highway, so designated on the
Official Map, such part shall be platted by the subdivider in the
location and at the width indicated on said plan.
5.03 DRAINAGE AND FLOOD HAZARD AREAS: The right is reserved to
disapprove any subdivision which is subject to poor drainage.
However, if the subdivider agrees to make such improvements as will 10
make the area safe for residential occupancy, the subdivision may
be approved, subject however, to the approval of the Engineer.
No land shall be subdivided which is held unsuitable by the City
Council for reason of flooding, inadequate drainage, water supply or
sewage treatment facilities. All lots within the flood plain
districts shall contain a building site at or above the Regulatory
Flood Protection Elevation. Al I subdivisions shal l have water and
sewage disposal facilities that comply with the provisions of this
Ordinance and have road access both to the subdivision and to the
individual building sites no lower than two feet below the Regulatory
Flood Protection Elevation. (10/14/80)
5.04 COMMUNITY ASSETS: In al l subdivisions, due regard shal l be shown
for natural features such as trees, unusual rock formations, and
water courses; for sites which have historical significance; and for
similar assets which, if preserved, will add attractiveness and
value to the subdivision and to the community. The Planning Commis-
sion may prepare a 1 ist of al l such features within its area of
subdivision jurisdiction which it deems worth of preservation.
5.05 MONUMENTS AND STAKES: All subdivision boundary corners, block and
lot corners, street intersection corners, and points of tangency and
curvature shall be marked with survey monuments consisting of
minimum 5/8" steel rods 24" in length. Inscribed on the monument or
cap, according to State Statute, shall be the registration number of
the land surveyor making the survey. All U.S., State, County and
9
other official bench marks, monuments or triangulation stations in
or adjacent to the property shall be preserved in precise position.
5.10 PUBLIC SITE AND OPEN SPACES: The following requirements are
applicable to all subdivisions within the jurisdiction of the
Commission.
5.101 In subdividing land or resubdividing an existing plat, due
consideration shall be given by the subdivider and by the Planning
Commission upon review, to the dedication or reservation of
suitable sites for schools, conservation areas or other public or
semi iffTt57recreational areas, or opeW paces and parks.
Where a proposed public park, recreational area or open space, as
determined by the Comprehensive Plat, Planning Commission and /or
City Council, is 'located in whole or in part within a subdivision,
the subdivider shall make available such lands to the City of
Hutchinson -- provided, however, that the total mandatory
dedication (exclusive or public streets, alleys, and pedestrian
ways and exclusive of all other purchased sites such as fire and
police stations, water towers and treatment plants, and sewer lift
stations) shall not exceed ten percent of the total gross acreage
owned or controlled by the subdivider.
Where an area that is specifically designated by th omprehenisve,
Plan or City Council for a public park, recreation area,
space exceeds the area equivalent to ten percent of the area of
the total acreage owned by the subdivider, the entire area shall
be reserved for such use on all subdivision plans and plats; and
the acquisition of such additional area shall then be secured by
the City of Hutchinson or arrangements made for its acquisition
within a period not to exceed two years from the date of approval
of the preliminary plan. The value of the subject land before
improvements, shall be established by three qualified appraisers,
one of whom shall be appointed by the City Council, one by the
subdivider, and one of whom shall be mutually agreed upon by the
other two.
5.102 Where less than ten percent of the total gross area being
subdivided is proposed for public parks, recreation areas or open
spaces as designated by the Comprehensive Plan, the Planning
Commission, or City Council, the subdivider shall dedicate such
area that is less than ten percent, and, in addition, pay to the
City of Hutchinson a sum of money so that either or both the
dedication and the payment equal ten percent of the land before it
is subdivided. The cash payment in lieu of land dedication shall
be in accordance with the park contribution schedule as adopted
by the City Council.
5.103 If no park or open space area is required in the subdivision by
the Planning Commission or Council, a cash payment in accordance
with the park contribution schedule shall be paid, by the owner or
subdivider, to the City of Hutchinson.
5.104 Sums of money so received by the City of Hutchinson shall be
placed in a special account to be s the Public Sites Fund
and allocated by the City Council't�2or or the acquisition of
land for public parks, recreation open spaces,
10
development of existing parks and recreation areas or debt
retirement in connection with land previously acquired for parks,
recreation areas, or open areas.
5.105 In all subdivisions and planned developments, it shall be the
city's n to determine whether to accept a dedication of land
or a'dash,_4quivalent as determined in 5.101 above.
5.15 Soil and water conservation: Pursuant to state statute, the
following may be required:
5.151 The subdivider shall be responsible for providing site
development plans with provisions for the control of drainage,
erosion and siltation if said plans are considered necessary by
the City Engineer for the purpose of soil and water conservation..
5.20 STREET AND BLOCK LAYOUT: The following requirements are applicable
to all subdivisions within the City of Hutchinson.
5.201 The Subdivision shall be so designed as to be in harmony with
adjacent subdivision and provide for the continuation of existing
streets. Provisions shall be made for streets through the
subdivision for the platting of contiguous property. No strip of
unplatted land or portion of street or artifice shall be used or
retained by the subdivider to impede the platting of adjacent
parcels.
5.202 The street layout shall provide access adequate for emergency and
public service vehicles to all lots and parcels of land within the
subdivision.
5.203 Where appropriate to the design, streets shall be established to
avoid jogs at intersections and to promote continuity of local
streets and those of higher claeifications. Street jogs with
centerline offsets of less than one hundred and twenty -five (125)
feet shall be discouraged.
5.204 Streets shall be established to take advantage of the contour of
the land so as to produce usable lots, cause a minimum of cutting
and filling, and to produce streets with reasonable grades as
defined in Section 5.50.
5.205 Certain proposed streets, where appropriate, shall be extended to
the boundary line of the tract to provide for adequate circulation
of traffic within the vicinity.
5.206 Streets shall intersect other streets as near to a 90' angle as
topography and other factors permit. Intersections of streets and
arter i a 1 or co 11 ector streets sha 11 be 1 imi ted to a mi n imum ang 1 e
of 70• unless specifically approved by the Commission.
5.207 Whenever there exists a dedicated or platted portion of a street
or alley adjacent to the proposed subdivision which conforms to
the Official Map, the remainder of the street or alley shall be
platted to the prescribed width within the proposed subdivision.
5.208 Half -width streets shall be prohibited except where essential to
the reasonable development of the subdivision in conformity with
11
the otherrequirements of these regulations. Where an existing,
half -width street adjoins a portion of the boundary of a proposed
subdivision, street dedication in a width needed to make this a
full -width street may be required.
5.209 Street and right-of -way widths shall conform to those indicated in
the Transportation Plan. Where such widths are not prescribed
therein, the widths shall not be less than the minimums stated in
Section 5.30.
5.210 Alleys shall be platted in the rear of all lots to be used for
commercial or industrial purposes. Alleys will not be approved in
residential area, unless required by unusual topography or other
exceptional conditions.
5.211 Lands abutting arterial or collector streets shall be platted with
the view of making the lots, if for residential use, desireable
for such use by cushioning the impact of heavy traffic on such
trafficways; and with the view also of minimizing interference
with traffic on such trafficways as well as the accident hazard.
This may be accomplished in several ways:
_ 5.2112 By not fronting the lots on the highway or thoroughfare but on a
parallel local street at a distance of a generous lot depth, in
which case private driveways shall connect with such local street;
5.2113 By a collector street platted more or less parallel with the
highway or thoroughfares, six hundred (600) to one thousand (1000)
feet distance therefrom, from which loop streets or dead end
streets would extend toward the highway, the ends of which provide
access to the lots abutting the highway to their rear.
5.212 Dead end streets will be approved if limited to five hundred (500)
feet long provided a permanently designed turn around area having
a minimum diameter radius to the edge of the finished street or curb
line of not less than fifty f58i fifty -three (53) feet and a minimum
roadway d#ameter right -of -way radius of seventy f79J sixty feet,
is constructed.
5.213 Closed subdivisions (with one exit) shall not be permitted.
5.214 Blocks shall have sufficient width to provide for two tiers of
lots of appropriate depth, unless, in the opinion of the
Commission, prevented by unusual togography or other physical
conditions.
5.215 The lengths, widths and shapes of blocks, and lots with blocks,
shall be determined with due regard to:
5.2151 Provision of adequate building sites suitable to the special
needs of the principal and all required accessory uses.
5.2152 Zoning requirements as to lot sizes and dimensions, and provisions
regulating off - street parking and loading spaces.
• 5.2153 Needs for convenient access, circulation, control and safety of
street traffic.
12
5.2154 Limitations and opportunities of topography.
5.2155 Generally, blocks shall not exceed thirteen hundred twenty (1320)
feet nor be less than five hundred (500) feet in length measured
along the greatest dimension of the block.
5.216 Residential blocks shall normally be of sufficient width for two
tiers of lots. Block lengths shall be determined by circulation
and other needs. Where residential blocks with lots deeper than
two hundred (200) feet are proposed, a reservation for a future
street through the middle of the block, longitudinally, may be
required:
5.217 Pedestrian crosswalks, not less than ten (10) feet wide, shall be
required where deemed essential to provide circulation, or access
to schools, playgrounds, shopping centers, transportation and
other community facilities.
5.218 The number of intersecting streets along arterial and collector
streets shall be held to a minimum, and where practicable, blocks
along such trafficways shall not be less than eight hundred (800)
feet in length.
5.30 MINIMUM WIDTHS FOR STREETS AND ALLEY RIGHT -OF -WAY: For all public
ways hereafter dedicated and accepted, the minimum right -of -way
widths for streets and thoroughfares shall be shown in the
Comprehensive Plan and where not shown therein, the minimum right -
of -way width for streets, arterial highways or pedestrian ways
included in any subdivision shall not be less than the minimum
dimensions for each classification as follows: 16
Classification Desirable Acceptable
Principal Arterial Highway 184 150 feet 74 -88 100 feet
Minor Arterial Highway /Cty.Rd 88 TO feet 75 Irfeet
Collector Streets 80 feet 66 7U feet
Local Streets 60 met
Service Drives 38 40 feet
Alley 24 feet 20 Teet
Pedestrian Way 10 feet
Cul de Sac 66 60 feet radius 66 60 ft. radius
Where existing or anticipated traffic on principal and minor
arterial highways warrants greater widths of rights -of -way, these
shall be required.
5.40 MINIMUM PAVEMENT WIDTHS AND SURFACE TYPE: The following
requirements are applicable to all subdivisions with the jurisdic-
tion of the Commission.
5.41 Pavement widths for arterial and collector streets will be as
designated in the Transportation Plan. Where required to be pro-
vided as part of the subdivision, the subdivider will be responsible
for th4rty -three f331 thirty - seven (37) feet. The difference, if
any, between the cost of the portion to be provided at the expense •
of the subdivider including the cost of curb and gutter, if any, and
that of the total width designated in the Transporation Plan shall
be borne by the City of Hutchinson, the County of McLeod or by the
13
Minnesota 144ghwey Department of Transportation where applicable,
unless it is determined by the C ty ounc fEat such greater width
will benefit the subdivider in proportion to its cost.
5.42 Local streets and dead end streets shall have minimum widths of
th4rty -three f33i thirty-seven Q71 feet. Where curb and gutter is
required the total width, feee to faee back -to -back of curb, shall be
th4rty -three f33J thirty-seven 37 feet. The pavement of a turning
circle at the end of a dead end street shall have a minimum paved
outside diameter of fifty fifty- three -(53) feet to back of curb.
5.43 Alleys shall have minimum paved widths of twenty (20) feet.
5.44 Alleys, where permitted, will be constructed with a concrete
pavement of a minimum thickness of six (6) inches or of asp litc
concrete of a minimum thickness of two f2i four 4 inches mat and
e4ght f81 ten (101 inches base. This - requiremen may be varied
the City ounce if, in their opinion, the requirement.imposes o0
severe a restriction when related to the projected use of the alley.
5.45 The subdivider shall grade all streets from property line to
property line prior to installation of water and sewer facilities.
Centerline street grades are to be established by the subdivider
subject to aproval of the City Engineer.
5.46 The subdivider shall, after grading streets and after sanitarx sewer,
storm sewer and watermains are in, construct a minimum- of a six 6)
i ch compacted gravel street 24 37 feet in width. The grading and
graveling of the street includes installation of culverts necessary
for over the ground drainage until curb and gutter is installed.
i 5.47 Streets shall be graded full width and fully constructed with a
concrete pavement of a minimum thickness of six (6) inches or of
asphaltic concrete of a minimum thickness of two fPi six 6 inches
mat and e4ght f81 ten (10) inches base, or of a construction stan-
dard and material approved by the City Engineer, in writing. If the
classification of the street justifies the construction of a thicker
section, the additional cost thereof shall be borne by the City of
Hutchinson, the County of McLeod or the Minnesota H4ghwey Depart-
ment of Transportation depending upon the agency having jurisdiction.
5.48 The subdivider shall within one year provide for the construction of
curb and gutter within the confines of the platted area provided,
however, the City Council may extend this period where unusual
drainage problems exist and the drainage cannot be installed prior
to or with the curb and gutter construction, as outlined in a
subdivision agreement.
5.49 The subdivider shall within two ey ars Provide for the construction of
the street surface within the confines of the Tt d area prove ed,
however, Co
the City uncil may xt
eend this erp iod, as outlined in the
subdivision agreement.
5.50 STREET GRADE, CURVES AND SIGN DISTANCES: The following requirements
are applicable to all subdivisions within the City of Hutchinson:
5.51 The grades of any street or alley shall not be less than four - tenths
(0.4) percent. Where specifically approved by the City Engineer,
14
alleys may be designed with a 0.25 grade when constructed with
concrete pavement.
5.52 STREET GRADES: The grades in all streets, arterial highways,
collector streets, minor streets and alleys in any subdivision shall •
not be greater than the maximum grades for each classification as
follows:
Prinicpal Arterial Highway 6 percent
Minor Arterial Highway 6 percent
Collector Street 6 percent
Local Street 8 percent
Alley 8 percent
Pedestrian Way 20 percent (may be increased if
steps of an acceptable design are
provided)
Ve.' �5.53 All changes in street grade of one (1) percent or more shall be
connected by vertical cruves. The lengt in vertical curve will
be determined on the basis of providing o ign distances for
each road classification where design speed for arterial and collector
streets is forty (40) mph and local streets is twenty -five (25) mph.
In no-case shall the length of the required vertical curve be less
than fifteen (15) times the algebraic difference in rate of grades
for arterial and collector streets or one -half (1/2) of this minimum
for all other street.
5.54 The radius of curvature on the cent 4' a of the street shall not be
less than that required to produ stoppinq,)sign distance as defined
in Section 5.53 above. In no case, er, shall the radius of
curvature for arterial and collector streets be less than three 16
hundred (300) feet or for local streets, service and alleys
be less than one hundred (100) feet.
5.60 INTERSECTIONS: The following requirements are applicable to all
subdivisions within the City of Hutchinson:
5.61 At a street intersection, the street curb intersection shall be
rounded by a radius of at least fifteen (15) feet.
5.62 Where, in the opinion of the Engineer, the center line profiles of
streets presented as part of the Preliminary Plat do not clearly
indicate that adequate intersection design will be accomplished, the
Commission may request an intersection detail at a scale not to exceed
one (1) inch equals twenty (20) feet, which detail will clearly
represent the construction details for said intersection.
5.63 Intersections shall be designed so as to avoid abrupt changes in
longitudinal or transverse slope.
5.70 LOTS: The following requirements are applicable to all subdivisions
within the City of Hutchinson:
5.71 The size, shape, and orientation of lots shall be appropriate for the
location of the proposed subdivision and for the type of development
contemplated. Lot dimensions shall conform to the requirements of
the Zoning Ordinance.
15
5.72 Excessive depth in relation to widths shall be avoided. A proportion
of not more than (3) to one (1) normally shall be considered
appropriate.
5.73 Every lot shall abut on a street. Lots for residential purposes
• shall meet the size requirements of the Zoning Ordinance and also the
requirements relative to building setback and side yard requirements.
5.74 Corner lots for residential use shall be platted at least five (5)
feet wider than interior lots in order to permit conformance with the
setback required by the Zoning Ordinance and also the requirements
relative to building setback and side yard requirements.
5.75 Residential lots fronting on arterial and collector streets should
have extra depths to permit deep setbacks for the buildings.
5.76 Double frontage lots and reversed frontage lots shall not be platted
except as hereinbefore permitted under Section 5.20.
5.77 Side lot lines shall be approximately at right angles to the right -
of -way line of the street on which the lot fronts.
5.78 Narrow, triangular lots, unusual shapes, and lots not permitting at _
least a 26 foot width house with side yards and driveway, rear yards
and front yards are prohibited. No plat will be accepted that
contains lots undesirable for building, property subject to recurrent
flooding erty at grades greater than 8 percent or other factors
that m s such properties to be mariginal in building operations
an case uch property to be returned for property taxes.
5.80 UTILITIES AND DRAINAGE: The following requirements are applicable to
all subdivisions within the jurisdiction of the City.
5.81 WATER LINES: Where an approved public water supply is within
reasonable access to the subdivision as determined by the number of
lots, distance from and capacity of existing mains, water lines shall
be placed within the right -of -way of each street. Water lines shall
have a minimum diameter of 6 ". Fire hydrants shall be installed at
intervals of not less than four hundred (400) feet. The minimum size
water main shall be 6" in diameter and all water mains shall be
looped so that water is available from two directions to any point.
Water main, fire hydrants, gate valves and appurtenances shall be
installed in accordance with acceptable engineering practice. Each
lot shall be provided with a connection to the watermain. In
general, in new residential areas water main services with a shutoff
shall be installed to appropriate public recreational areas with the
water main construction.
5.82 SANITARY SEWERS: Sanitary sewers shall be constructed in accordance
with a connection to a sanitary sewer. The City may accept an area
for platting where such service cannot be provided when the lots are
of sufficient size and the soil is suitable for private systems in
accordance with City and State Health Department recommendations. No
such private disposal systems shall be interconnected or run to a
common private or public drain. The minimum size public sanitary
sewer shall be eight (8) inches in diameter. In general) in new
residential areas sanitary sewer services shall be installed to
appropriate public recreational areas with the sewer construction.
16
Sewage lift stations will be constructed if necessary to serve an
area, provided a lift station will be constructed on an assessment
basis. to serve an area on4y 4f at 4east 50 pereent of the east 49
4wed4ate4y essesseb4e- The lift station cost beyond the 58 pereent
and pre -rate area immediately assessable will be held for future
assessment toie future area to be served.
5.83 STORM DRAINAGE: All necessary facilities including underground pipe,
manholes, inlets, catch basins and other appurtenances necessary to
provide adequate drainage for the property or to maintain any natural
drainage course shall be the responsibility of the developer.
Open drainage ditches will not be allowed unless specifically
directed by the City Engineer.
Platting of property is prohibited unless it is possible to drain the
property y gravity drainage to the natural drainage course for the
✓� area. Ala mi nimum) no property plat wi 11 be accept $ unless street
grades are at least five feet above lake elevatioras to drain into
the streets. The meeting of this requirement does not obligate the
City Council to accept the plat if there are substantial
obstructions to the drainage of the property contained therein and
the City Council may require that the subdivider install pumping
facilities for storm drainage prior to plat acceptance if such
facilities are necessary.
5.84 EXTENSIONS NOT
be platted wi 1 1
sanitary sewer.
creation of an
platted area;
extension; or m
system; or may
assessment; or
IN PLATTED AREA: In some cases, the proposed area to
not be served at its borders by water mains or
The City Council may require a petition for the
assessment district to extend the facilities to the
or may require the subdivider to pay the cost of such
ay accept the plat with a separate water or sewer
pay the cost thereof and hold the amount for future
may refuse acceptance of the plat.
5.85 BUILDING PERMIT: No building permit shal l be issued in the platted
area until sewer and water mains are designed, approved and the
contract for install lation awarded with a satisfactory completion
date. No building shall be occupied in the platted area until
provided wiWsanitary sewer and water service and until the street
is graveled and such graveling accepted as adequate by the City
Engineer to serve the building. The occupancy of a building in
violation of this section shall not relieve the subdivider of any
responsibility for street improvement. The transfer of property in
the plat from the original subidvider to other parties shall not
relieve the subdivider of his responsibility for initial street work
as defined herein.
5.86 DESIGN OF IMPROVEMENTS: The City Engineer wi 11 design only the
improvements to be installed by the City. A subdivider desiring to
contract and install his own improvements shall de so 4n aeeardenee
w4th 64ty spee4f4eat4ons and praet4ee: The E4ty Engineer w444
approve or d4sapprove a44 plans; spee4f4eat4ons and 4nsta44at4an 4n
the p044e street; and for 4mprovements have plans and specifica-
tions Dreoared by a Minnesota Registered. Engineer, which have been
approved the City Engineer and State Agencies before construction
earns. street, sanitary sewer,_ storm sewer and watermain impr�
17
ve-
n
U
0
ments in 1 by the subdivider shall be ins ected b the City
En��i�neer�s "furnish a written statement o e subdivider or
accpfan ce of said utilit improvements or street as part of the City
system. An corrections the improviments found necessar by the
City Eng r shall a one and at e expense of e subdivider E
ore said accep ance is ma e.
• 5.90 OTHER REQUIREMENTS: The following requirements are applicable to all-
subdivisions within the jurisdiction of the City of Hutchinson.
5.91 SIDEWALKS: Sidewalks at least five (5) feet wide, constructed of
concrete pavement with a minimum thickness of four (4) inches shall
be constructed on both sides of every street where the average width
of lots is less than sixty (60) feet. Sidewalks shall be constructed
on one or both sides of streets irrespective of the width of lots
where, in the opinion of the Commission, these are necessary to
protect the safety of pedestrians.
5.92 DRIVEWAYS: The subdivider shall install driveways, driveway
approaches and curb returns for each connection to the street.
5.93 SCREEN PLANTING: The installation of trees and shrubs to form a
tight screen effective at all times shall be required along the rear
line of any lot in the subdivision which backs onto an arterial or
collector street.
5.94 STREET NAMES: All streets are to be named. A proposed street which
is in alignment with and which joins an existing and named street
shall be giver the name of the existing street. The name of a
proposed street shall not duplicate the name of an existing street to
which it does not connect or with which it is not in alignment.
10 5.95 STREET NAME SIGNS: Ref 1 ectorized stmt name signs shall be provided
at all street intersections or where a change of direction of a
street requires a change of street name. The signs shaiti he of the
size and type approved for use by the City of Hutchinson. Nornbl iy,
one sign will be required at each residential intersection; however,
more may be required dependent upon the character and /or width of the
streets.
5.96 SUBDIVISION AGREEMENTS: An agreement shal l be executed bar the subdivider
and the Cityy before any plat is execute3��r�he� ai` agreemenl --
ss a lbe recorded the subdivider in the office of the County
Recorder.
5.97 EASEMENTS:
5.971 An easement for utilities, at least six (6 l feet wide, shall be
provided along each side of a side 1 ine of ots and /or the rear line
of lots where necessary to form a continuV right -of -way, at least
twelve (12) feet in width. Such easementsk o be dedicated and
provide for utility service from street to street. The intent of
such easements is to furnish overhead wore utility service from the
rear of the lots to buildings. If necessary for the extension of
main water or sewer lines, electrical transformer pads or similar
utilities, easements of greater width may be required along lot lines
. or across lots. Utility easements of at least ten 10 erp cent in
width shall be pro —wed a on the front lot Wines a �acent to street
18
right -of -way.
5.972 Utility easements shall connect with easements established In
adjoining properties. These easements, when approved, shall not
thereafter be changed without the approval of the City Council, by
Ordinance, upon the recommendation of the Planning Commission. •
5.973 Additional easements for pole guys should be provided at the
outside of turns. Where possible, lot lines shall be arranged to
bisect the exterior angle so that poles guys will fall along side
lot lines.
5.974 Where a subdivision is traversed by a water course, drainage way,
channel or stream, a storm water easement, drainage right -of -way or
park dedication, whichever the Planning Commission may deem the
most adequate, conforming substantially with the lines of such
water course shall be provided, together with such further width or
construction, or both, as will be adequate for the storm water
drainage of the area. The width of such easements shall be
determined by the Planning Commission.
5.98 PUBLIC UTILITIES:
5.981 All new electric distribution lines (excluding main line feeders
and high voltage transmission lines), telephone service lines,
Cable TV, and services constructed within the confines of ,and
providing service to customers in a newly platted residential area
shall be buried underground; unless the council specifically shall
find, after study and recommendation by the Planning Commission,
that:
a. The placing of utilities underground would not be compatible
with the op— s opment_ planned;
b. _ Thp Qdultional cost of burying such utilities would create an
undue financial hardship; or
c. Topographical, soil or any other conditions make the
underground installation unreasonable or impractical.
5.982 All utility lines for telephone and electrical service shall be
placed in rear line easements when carried on overhead poles. The
Planning Commission may recommend, and the City Council require,
that the type of overhead pole used, be of a quality and durability
aesthetically in conformance with the nature of the residential
development.
5.983 Where telephone, electric and /or gas service lines are to be placed
underground entirely, conduits or cables shall be placed within
easements or dedicated public ways®in such a manner so as not to
conflict with other underground services.
5.984 All drainage and other underground utility installations which
traverse privately owned property shall be protected by easements.
5.985 The subdivider is responsible for complying with the requirements
of this SECTION, and shall submit to the Planning Commission a
written record from the utilities showing that the necessary
arrangements with the utility involved for the installation of said
facilities have been made.
19
6.00 MODIFICATION AND EXCEPTIONS:
6.10 MAJOR SUBDIVISIONS: The general principles of design and minimum
requirements for the layout of subdivision set forth in Section
5.0 may be varied by the City Council in lrhe case of a subdivision
large enough to constitute a more or less self- contained neighborhood
which is to be developed in a'ccordance with a comprehensive plan
safeguarded by appropriate restrictions, and which, in the judgment
of the City Council, makes adequate provision for all essential
community requirements, provided, however, that no modification shall
be granted by the Council which would conflict with the proposals of
the official Map or with the other features of the Comprehensive Plan
of Hutchinson, or with the intent and purposes of said general
priniciples of design and minimum requirements.
6.20 SMALL SUBDIVISION: In the case of a subdivision of smal 1 size and
minor importance, situated in a locality where conditions are well -
defined, and containing not more than four lots fronting on an
existing street not involving any new street or road or the extension
of municipal facilities and not adversely affecting the adjoining
property, the Council may exempt the subdivider from complying with
some or all of the requirements stipulated in Section 3.00 pertaining
to the preparation of the Preliminary Plat.
6.30 UNUSUAL PHYSICAL CONDITIONS: In any particular case where the
subdivider can show that, by reason of exceptional topographic or
other physical conditions, strict compliance with any requirement of
this ordinance would cause unusual difficulty or exceptional and
undue hardship, the City Council may relax such requirement to the
• extent deemed just and proper, so as to relieve such difficulty and
undue hardship, provided that such relief may be granted without
detriment to the public good and without impairing the intent and
purposes of these regulations or the desirable general development of
the neighborhood and the community in accordance with the Comprehen-
sive Plan and the Zoning Ordinance of the City of Hutchinson. Any
modification thus granted shall be entered in the minutes of the City
Council setting forth the reasons which, in the opinion of the
Council, justified the modification.
0
7.00 ENFORCEMENT: No plat of any subdivision shall be entitled to be recorded
in the of ce of the Register of Beeds County Recorder or shall have any
validity until it has been approved by the Ci y ouncil in the manner
described herein.
It shall be unlawful for the owner or the agent of the owner to transfer
or sell any land by reference to or by other use of a plat or description
unless the plat has been approved by the Council as required herein.
8.00 PENALTY: Anyone violating any of the provisions of this Ordinance shall
eegu'ilty of a misdemeanor which is punishable by a fine of not more than
three hundred (300) dollars and /or by a commitment to jail for a period
not to exceed ninety (90) days. Each day during which compliance is
delayed shall constitute a separate offense.
20
9. 00 SCHEDULE OF FEES CHARGES AND EXPENSES: The schedule of fees shall be
ava a e at the���ffices and may be altered or amended only by the
City Council. No plat shall be reviewed until all fees have been paid in
full.
10.00 SEPARABILITY: If any section, subsection, sentence, clause or phrase of
this ordi Hance is for any reason held to be unconstitutional or void,
said division shall not affect the validity of the remaining portions of
this ordinance.
11.00 REPEAL OF CONFLICTING ORDINANCE: All ordinances of the City of
Hutchinson, —a —am—endmen s t ereof or supplementary thereto, and all
other ordinances of the City inconsistent herewith and to the extent of
such inconsistency and no further, are hereby repealed.
12.00 VARIANCES: The City Council may grant a variance from these regulations
fo 1— ova finding that all of the following conditions exist:
12.01 There are special circumstances or conditions affecting said
property such that the strict application of the provisions of this
Ordinance would deprive the applicant of the reasonable use of his
land. —
12.02 The variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner.
12.03 The granting of the variance will not be detrimental to the public
welfare or injurious to other property in the territory in which
said property is situated.
In making this finding, the Council shall consider the nature of
the porposed use of land and the existing use of land in the
vicinity, the number of persons to reside or work in the proposed
subdivision and the probable effect of the proposed subdivision
upon traffic conditions in the vicinity. In granting a variance as
herein provided, the Council shall prescribe only conditions that
it deems desirable or necessary to the public interest.
13.10 SPECIAL APPLICATION REQUIREMENTS • Application for any such variance shall
be made in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Planning Commission and City Council,
stating fully and clearly all facts relied upon by the petitioner, and
shall be supplemented with maps, plans or other additional data which may
aid the Planning Commission and City Council in the analysis of t roposed
project. The plans for such development shall include such en
restrictions or other legal provisions necessary to guarantee the full
achievement of the plan.
In all cases where applications for variance are submitted for conditional
approval along with the preliminary plat, the action on such conditional
approval shall issue from the City Council.
21
•
0
(612) 587 -5151
F CITY OF HUTCA1hPJ5 ii:;N
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
MEMORANDUM
DATE: November 20, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Amendment to Zoning Ordinance #464 Section 6.09
Pursuant to Section 6.06, C1, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom
mendation with respect to the aforementioned request for an amendment to the
Zoning Ordinance. -
HISTORY
City Planning Staff submitted an amendment to Zoning Ordinance #464, Section
6.09 Fees, Charges and Expenses, which would remove the fee schedule from
the Zoning Ordinance and allow the City Council to change the fees by
resolution rather than by amending the Ordinance.
6.09 FEES, CHARGES AND EXPENSES
• The City Council shall establish a schedule of fees, charges and
expenses and a collection procedure for Zoning Permits,
Certificates of Occupancy, Conditional Use Permits, Appeal
Application and other matters pertaining to this Ordinance. This
schedule of fees shall be available in the office of the Zoning
Enforcement Officers and may be altered or amended by resolution
of the City Council.
A public hearing was held at the regular meeting of the Planning Commission
on Tuesday, November 19, 1985, at which time there was no one present who
objected to the proposed amendment.
FINDINGS OF FACT
1. All procedural requirements for amendments to the Zoning Ordinance
have been complied with.
2. Notice was published in the Hutchinson Leader on Thursday, November 7,
1985.
3. The proposal was deemed to be appropriate and in the best interest of
the City.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for an amendment to Zoning Ordinance #464 be approved.
Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
ORDINANCE NO. 18/85
ORDINANCE AMENDING SECTION 6.09
OF HUTCHINSON ZONING ORDINANCE N0. 464
ENTITLED FEES, CHARGES AND EXPENSES
THE CITY OF HUTCHINSON DOES ORDAIN:
SECTION 1. Section 6.09 of the Hutchinson Zoning Ordinance No. 464 en-
titled "Fees, Charges And Expenses" is hereby amended to read as follows:
6.09 Fees, Charges And Expenses
The City Council shall establish a schedule of fees, charges
and expenses and a collection procedure for Zoning Permits,
Certificates of Occupancy, Conditional Use Permits, Appeal
Application and other matters pertaining to this Ordinance.
This schedule of fees shall be available in the office of
. the Zoning EnforcPmen t Officers and may be altered er- amended
by resolution of the City Council.
SECTION 2. This ordinance shall take effect upon its passage and publi-
cation.
Adopted by the City Council this day of
ATTEST:
Gary D. Plotz
City Clerk
•
. 1985.
Robert H. Stearns
Mayor
-G.
tol? voU
MINUTES I�,
HUTCHINSON PLANNING COMMISSION NeORM
• November 19, 1985 �?% /O�
1. CALL TO ORDER
The meeting was called to order by Chairman Roland Ebent at 7 :30 p.m. with
the following members present: Marlin Torgerson, Elsa Young, Don
Erickson, Larry Romo, Thomas Lyke, Shu -Mei Hwang and Chairman Ebent.
Members absent: None. Also present: City Administrator Gary D. Plotz,
Director of Engineering Marlow Priebe, Building Official Homer Pittman,
Assistant Building Official James Marka, Fire Marshal George Field, fire
Chief Orlin Henke and City Attorney James Schaefer.
2. MINUTES
Mr. Erickson made a motion to approve the minutes of the regular meeting
dated Tuesday, October 15, 1985, as presented. Seconded by Mr. Hwang,_ the
motion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF RENTAL HOYSING CODE ORDINANCE
Chairman Ebent opened the hearing at 7:30 p.m. with the reading of
. publication #348, as published in the Hutchinson Leader on Thursday,
November 7, 1985. The purpose of the hearing was to consider a rental
dwelling registration code ordinance as proposed by City staff.
City Administrator Plotz stated that this public hearing was not
required but voluntary on the part of the Planning Commission with
the sincere intent of getting public input. He explained that this
proposal had been in process for two or three years, and that staff
had researched what other communities the size of Hutchinson had been
doing. The proposed ordinance is a direct result of that research.
City Administrator Plotz continued by responding to concerns that had
been raised since the public had been made aware of the proposal. In
response to a comment that the purpose of the proposal was to raise
revenue for the City, he stated that this was a user -based ordinance,
much like a building permit. Some fees had been established, but at
this point, those fees could be looked at and reviewed. In response
to a comment that this was a prelude to some type of rent control,
Administrator Plotz stated that it was not. He didn't think there
was any type of rent control in the State of Minnesota. In response
to a comment made that this proposal was an attempt to get more
staff, Administrator Plotz stated that the Building Department felt
that they could carry out the registration and inspection process
without adding any staff.
• Fire Marshal George Field made a presentation regarding the
ordinance. He reviewed the basic requirements of the Uniform
Building Code, giving examples of types of nonconformance and
remedies to those hazards. He stated that the main objective of the
staff in making this proposal is to provide a tool that wi 11 enable
them to apply the code among all the owners of property as well as
safely protect the renters. At this time, the building department •
can only act on complaints, and are receiving 50 -60 complaints per
year. He noted the biggest problem from a safety standpoint is when
a homeowner converts a single - family dwelling into rental units
without the necessary building permit. They may not be aware of the
safety standards and the city staff has no way of knowing-they are in
violation. The result is a often a substandard unit, in terms of
safety features. Fire Marshal Field sited egress windows in basement
bedrooms as being one of the most common and dangerous of the
violations.
Building Official Pittman explained the basis for the fee schedule
that has been established, comparing it to the one in Northfield,
Minnesota. He stated that at this point, it was entirely
negotiable. He also explained the procedure they follow when they
receive a complaint, noting that a reasonable time frame is
established for the property owner to correct a violation. If the
situation is life threatening, the renter is advised not-to remain in
the unit until it is corrected. The renter then makes is own
decision.
Sondra Slyter, 565 Peterson Circle, landlord, asked why the ordinance
discriminates against the non - homesteaded property.
Fire Marshal Field responded that the "non- homestead" should not be
on the form and that the proposal is for all rental housing. 10
Ms. Slyter asked why single - family, owner - occupied homes were not
going to be inspected.
Fire Marshal Field responded that there are seldom complaints against
owner - occupied single - family homes. Renters don't have the
opportunity to make changes. In some cases, people who want to buy a
home have contacted the City and we have looked at it then. New
construction meets the codes.
Mr. Richard Peterson, Valley View Apartments, asked if the renters
are so dipleased, cant'-t they just move out?
Fire Marshal Field responded they they have that option; however,
their choices are very limited. When faced with an unsafe situation
or not having a place to live, they most often choose the unsafe
situation. He added that many renters aren't aware of the hazards.
Mr. Wayne Kenning, 705 Milwaukee Ave., stated that there are, at
present, 45 rental units advertised in the local paper, and that he
didn't believe there was a shortage of rental units.
Mr. Peterson asked how many of the complaints pertain to multiple
units.
•
Fire Marhsal Field responded that the majority of the calls are on
2
duplexes.
Mr. James McClure, 1301 Campbell Lane asked what is the most common
violation.
Fire Marshal Field responded that egress windows is one of the most
common.
Mr. Marlin Torgerson asked Mr. Field to go through the procedure
they follow upon receiving a complaint.
Mr. Field explained that upon receiving a complaint, they first
discuss the problem with the property owner. Many times, the
problem can be corrected in a couple of hours (smoke detector, for
example). If the situation is life threatening, a letter sent to
the property owner will say that the person should not occupy the
facility. Then we determine ea realistic time frame for the owner
to comply. Often it is 30 days - the situation really dictates how -
long is given.
Mr. Torgerson asked if he reinspects.
Mr. Field responded that he does. He further stated they have
sited people for noncompliance. Any violation is a misdemeanor.
It 's up to the judge to decide - up to $700 or 90 days in jai I.
That seldom happens. Most people comply.
Mr. Jim Marka, Assistant Building Official, stated that one of the
• problems is homeowners moving students into their basements.
Another is poor mobile homes. He stated that they have no control
over these situations unless they receive a complaint. He further
stressed that all that is required is the minimum safety standards.
Ms. Slyter stated that she thought the city should go from one end
of town all the way through -- that the same problems exist in some
private homes.
Mr. Pittman responded that there is nothing they can do about
single - family owner occupied homes, unless the problem is visibly
objectionable or unless they receive a complaint.
City Attorney Schaefer further explained that the difference lies
in the fact that the property owner who chooses to rent is now
offering a space to the public, making the operation a business,
over which the State has the right and duty to regulate.
Mr. Romo stated that the purpose of the hearing is not to determine
whether or not we are going to enforce safety, but simply how it is
going to be enforced.
Ms. Gloria Dansereau, 414 Larson St., homeowner and landlord, asked
how the City would prevent others from remodeling their homes
without building permits. She further asked how the City would
. find violators and how would they get the new ones to register.
3
d
Fire Marshes Field stated that registering would be the responsibility
of the property owner. A notice requiring the registration would be
provided once a year.
Mr. Frank Fay, 910 Rolling Greens Lane, homeowner and landlord,
asked of the 50 -60 complaints, how many cannot be resolved without
this rental registration? He also asked how many are servious, life -
threatening types of problems as opposed to complaints about plumbing
problems. He then asked how many fires have been directly caused by
these problems?
Mr. Marka responded that half of
threatening violation. Usually
inspection.
the complaints involve a life -
there are many things found, upon
Fire Chief Orlin (Butch) Henke responded that since he has been
Fire Chief, there have been at least 3, and probably 5 (fires caused
by these problems) in residential rental property.
Mr. Fay asked how much government we can afford in the City of
Hutchinson. He further stated that he had no complaint with what
the City stands to do, but that we have to look at the costs
involved - to the property owner, the renter and the City.
He stated that there would be additional cost to the City, noting
Northfield's intent to raise their fees after having an ordinance for
only a short time.
Mr. Fay asked if most of the problems are in a minority of apartments
in Hutchinson? He said that in the time that he has been in
- Hutchinson, the housing and quality of living standards are much
improved. For the investor, he continued, non - homestead taxes have
tripled and insurance costs have gone even higher. In Hutchinson a
landlord cannot get the high rents. There is negative cash flow property
many just break even. When talking about resale, we are talking
about losses of thousands bf dollars. Main Street properties have
been hit with off - street parking expenses as high as $20,000 (in his
own case). He noted the cost of sprinkler systems. (With these
costs) Mr. Fay continued, everybody on Main Street will be forced
out.
Mr. Fay added that except for July through September, there is not a
great demand for rental property. Renters have the right to move.
Mr. Fay stated that he is against rental registration, based on the
cost, and that he can't afford much more government.
Mr. Peterson stated that he is against this proposed ordinance.
Based on the figures given, he has determined that with complaints
at about the same rate, most problems should be corrected in two to
three years.
10
Fire Marshal Field responded that irregardless of the violations that
have been corrected, they are still receiving 50 - 60 complaints per
year. He further stated, that if these rental units comply with the •
standards as they are supposed to, the expense should not be so
great.
4
Mr. Peterson stated that he represents McGannon and has sent a
letter to them advising them to sell or lock up the apartments and
leave them empty.
Mr. John Tapio, 635 Glen St. S., landlord, stated that in this last
year costs have almost doubled. He stated that even though the fee
may be proposed as $10 now, next year it may be increased to $100.
Discussion followed regarding particular requirements of the code
and expense involved in correcting violations - especially, the
size of egress windows, the cost of fire doors, the problem of
separation (walls and doors), etc.
Mr. Mike Maiers, 324 Boulder, stated his opposition to the proposed
ordinance. He asked if a complaint is received, does the City have
the right to inspect that property without this Ordinance?
Building Official Pittman responded that they do.
Mr. Maiers then asked why the Ordinance is necessary. —
City Attorney Schaefer commented that many tenants don't know
what the standards are.
Judy Kopesky, 430 Shady Ridge Road, landlord, suggested that if the
problem is with vocational students that are renting, they should
be educated. She also asked that if there are problems discovered
• in a building, can it still going to be rented? She also stated her
opposition to the ordinance. She stated that the insurance company
inspects each apartment and if it satisfies the insurance agent, it
should certainly be up to code. She also stated that if the City is
going to come in to inspect, the property owner should be notified and
should be there during the inspection. She further stated that if
this ordinance is necessary, there should be no fee at all.
City Attorney Schaefer commented that this proposed ordinance does
not require anything that is not already required by State law, but
it serves to provide a way to determine that the landlord is
already providing what the law says he should provide.
Meg Mielke, Student Personnel Specialist at the Hutchinson
Vocational -Techinical Institute, stated that it is her job to
maintain housing for the Vo -tech students, and that she has not had
any complaints from students regarding safety concerns. She
further stated that we should make a point to educate the students
about what should be provided in terms of safe housing.
Bob Stearns, 375 1st Ave. NW, Mayor, stated that he understands
staff's interest in this subject as they are charged with enforcing
State and City laws and it is their responsibility. He stated that
this is an idea to work towards alleviating some of these problems.
He noted that he doesn't want government prying into private lives
any more than they already do. He then stated his opposition to the
proposed ordinance, but added that we have to understand staff's
5
�rob 1em. He stated that there are some students living in unsafe
conditions and asked if V;L have to wait for a fire to kill a
couple of people (before something is done). Mayor Stearns then
stated that this ordinance may not be the way to go, but there might
be something else we can do. He asked the audience if they could
come up with some other ideas.
Larry Wendorff, Rt. 3, landlord, stated that he does not want to see
government meddling in our investments. Taxes are going to
continue to go up with the farm situation the way it is. He stated
that if the costs get any worse, he is going to get rid of
everything, and he doesn't think this is what we want to happen.
City Attorney Schaefer noted that this is not just to protect
renters, but also landlords. Landlords should be thinking about
making improvements to bring their units into compliance even if
the ordinance is not adopted.
Jim McClure asked about what happens when the uniform building code
changes. He asked if windows put in according to code in 1980 will
be-in compliance if -the code in 1985 requires larger windows.
After discussion, it was the consensus of staff that they would be
"grandfathered in" if they complied when the structure was built.
Marvin Willhite, commented that if the City can already inspect, the
ordinance should not be necessary.
Director Priebe stated that the ordinance would provide a method of
getting a handle on the rental units in the City so records can be
maintained.
Mr. McClure stated that he thought a list of the most basic
requirements should be provided, so that people can understand what
is required.
John Tapio asked why a 7 -unit building was going to be inspected more
than once. He also stated his opposition to the proposed ordinance.
Ron Horswell, Rt. 3, stated that other communities may have rental
registration, but the real estate taxes are lower there and they can
generate higher rental incomes. He stated this ordinance would force
people to sell.
COMMENTS FROM THE PLANNING COMMISSION:
Marlin Torgerson stated that he is not completely- satisfied with
this method. He stated he would like to more input, that he is
against more government, and that he doesn't know how the City can
enforce the ordinance. He further stated that he is not satisfied
with this (proposed ordinance) right now, but that he can
understand why staff feels a need for it.
Elsa Young stated that she felt the idea of informing the Vo -Tech .
students, as they are probably the most endangered, is an excellent
L
idea. She added that it might be better to try other suggestions
before we try to levy some of these rules. She noted that you can do
a lot more with a little positive persuasion than by laying down more
irules and regulations.
Don Erickson stated that he appreciated the input. Noting the
figures of 1100 rental units - 775 (new construction), he stated
that we're basically down to 350 possible ones - with 60 complaints
and 30 of those life threatening. He would like more information
and input on how to correct those problems. He-is in favor of
educating the renters and the landowners, as well as the Vo -Tech
students, stating that it would be the best return on our investment.
Larry Romo stated that he cannot support the ordinance as it is
proposed. He feels that it is a big jump - from nothing to
everything. He would prefer to take it in steps, with education -
possibly public notice of penalties. He further stated that it
would cause too much of an economic problem -to too many people.
Thomas Lyke stated that he would like to see the educational effect
on the Vo -Tech. He suggested that we see if the life- safety
complaints diminish over a year, as that seems to be the biggest
issue.
Shu -Mei Hwang asked if the City passed the proposed Ordinance,
would the City assume more liability? City Attorney Schaefer
responded that the only way the City would be liable would be if
they inspected a property, found a violation, but issued the
certificate anyway.
Mr. Hwang questioned the need for the ordinance. He stated he
thinks we should look at the protection of the tenants. He
recommends that the City provide a service through the Hutchinson
Leader or the Vo Tech, letting people know that they can ask the
ity to inspect if they suspect a problem. There could still be a
registration just to know where apartments are.
Chairman Roland Ebent stated that he is basically in agreement with
the concept, but that not the method in which it is being obtained.
He noted that the Planning Commission had asked staff to look into
this and they have beep working on it for some time. He noted that
public sentiment seems to be that it isn't wanted or needed. He
suggested that when a property is conveyed an inspection might be
done, and when a person buys property, the purchaser should be told
of what needs to be done to bring it up to safety standards.
Judy Kopesky suggested that something be put in the rental column
of the newspaper to let renters know what is available to them, and
added that the Chamber of Commerce may want to put out a packet of
educational materials regarding this subject.
It was also suggested that real estate people become informed and
pass the information on to their clients.
• Mr. Romo made a motion to close the hearing. The motion was
7
seconded by Mrs. Young. Mr. Erickson commented that he thinks
education is the direction we should take. The motion carried
unanimously and the hearing was closed at 9 :22 p.m. •
Mr. Torgerson made a motion to ask staff to come back with some
other ideas based on what was heard from the public. The motion
was seconded by Mrs. Young. Mr. Romo commented that the new
proposal should be given the same publicity by way of a public
notice so people will be aware of it. The motion carried
unanimously.
Recess: Chairman Ebent called for a 5 minute recess.
(b) CONSIDERATION OF REZONING AS SUBMITTED BY LARRY WENDORFF
Chairman Ebent opened the hearing at 9:30 p.m. with the reading of
publication #3481 as published in the Hutchinson Leader on
Thursday, November 7, 1985. The request is to rezone property
1 ocated at 771 -775 Da 1 e Street from R -2 to R -3 to a 11 ow a 4 -p 1 ex
on the property. - —
City Attorney Schaefer stated that there are restrictive covenants
on this property as recorded with the McLeod County Recorder.
Among the convenants it is stipulated there there shall be nothing
other than single - family dwellings in the Southview Subdivision.
He further stated that the covenants did not affect the rezoning
that was requested. If someone who owns property in the Southview
Subdivision objects to the use, he /she would have to pursue the •
matter privately. Continuing to use the property as something
other than a single - family dwelling would be at Mr. Wendorff's own
risk.
Chairman Ebent asked if all the property owners in the Southview
Subdivision should be noti.fied of the rezoning request. City
Attorney Schaefer responded that it would not be a legal
requirement.
Director Priebe stated that there has been a duplex on that
property since at least 1967.
Mr. Wendorff stated that he had it made into a 4 -plex in 1978,
unaware of the covenants or the zoning requirement. He's asking
for the rezoning so that he can put in off - street parking and
continue operating it as a 4 -plex. He intends to make all the
necessary changes as required by the Building Official. He spoke
to the neighboring property owners and they have no objection.
Mr. Hwang asked if business and professional offices could go there
if rezoned. City Attorney Schaefer responded that anything that is
allowed in an R -3 would be permitted once it is rezoned, noting
that most things not already allowed in an R -2 require a
conditional use permit.
After discussion, Mr. Torgerson made a motion to close the hearing. •
Seconded by Mrs. Young, the motion carried unanimously and the
hearing was closed at 9:42 p.m. Mr. Torgerson made a motion `o
recommend to City Council approval to rezone to R -3 as requested.
• Seconded by Mr. Romo, the motion carried, with Mr. Hwang and Mr.
Erickson voting "no ".
(c) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY PURE
CULTURE PRODUCTS
Chairman Ebent opened the public hearing at 9:45 p.m. with the
reading of publication # 3486 as published in the Hutchinson Leader
on Thursday, November 7, 1985. The request is for a conditional
use permit to allow the the installation of an 8" fire water main
with two fire hose stations, deluge rail car system and deluge
fermentor system, new rail car unloading bed with catch basin and
sump, new tank truck unloading slab with safety stations and
compressor house and new 8' chain link fence to enclose and protect
new property and equipment.
Building Official Pittman explained that the conditional use permit
is necessary because it is located in an IC -1 zone. The new
installations will be in the recently vacated street area.
Mr. Torgerson made a motion to close the public hearing. Seconded
by Mrs. Young, the motion carried unanimously and the hearing was
closed at 9:46 p.m. Mr. Romo made a motion to recommend to City
Council approval of the Conditional Use Permit as requested.
Seconded by Mr. Hwang, the motion carried unanimously.
. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "HELLAND'S SEVENTH
ADDITION" AS SUBMITTED BY TYRONE HELLAND
Chairman Ebent opened the public hearing with the reading of
publication 13485 as published in the Hutchinson Leader on
Thursday, November 7, 1985. The request is for approval of a
preliminary and final plat to be known as "Helland's Seventh
Addition."
Mr. Jeff -Hart, 707 Shady Ridge Road, had some concerns about the
map that he received on his notice. (It was determined the map was
correct.) Mr. Charles Becker, 705 Shady Ridge Road was also
present to ask about how the plat is zoned and what type of
construction is allowed. Director Preibe responded that a portion
is R -1 and another portion is R -2. Construction must meet
ordinance requirements, noting we cannot discriminate against
manufactured homes if they meet the requirements. Director Priebe
also explained that this is part of an overall plan that had been
approved earlier. He also submitted his engineer's report
regarding subdivision agreement, improvements and parks and
playground contribution.
Mr. Hwang made a motion to close the hearing. Seconded by Mr.
Torgerson, the motion carried unanimously and the hearing was
closed at 9:50 p.m. Mr. Torgerson made a motion to recommend to
City Council approval of the plat as presented. Seconded by Mr.
Hwang, the motion carried unanimously.
(e) CONSDDERATION OF AMENDMENTS TO SUBDIVISION ORDINANCE #466
Chairman Ebent opened the public hearing at 9 :50 p.m., with the
reading of publication #3483 as published in the Hutchinson Leader
on Thursday, November 7, 1985. The amendments are part of an
overall review done by the Planning Commission over the past
several months.
Mr. Torgerson made a motion to close the public hearing. Seconded
by Mr. Erickson, the motion carried unanimously and the hearing was
closed at 9:51 p.m. Mr. Romo made a motion to recommend to City
Council approval of the amendments as proposed. Seconded by Mr.
Hwang, the motion carried unanimously.
(f) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE #464, SECTION 6.09
Chairman Ebent opened the public hearing at 9:52 p.m. with the
reading of publication #3484 as published in the Hutchinson Leader
_ on Thursday, November 7, 1985. The proposed amendment deletes the
fee schedule from the ordinance and allow the City Council to
change the fees by resolution rather than by amending the ordinance
each time a fee is changed.
Mr. Romo made a motion to close the hearing. Seconded by Mr.
Torgerson, the motion carried unanimously and the hearing was
closed at 9 :55 p.m. Mr. Hwang made a motion to recommend to City
Council approval of the amendment as proposed. Seconded by Mr. •
Torgerson, the motion carried unanimously.
4. OLD BUSINESS
None.
5. NEW BUSINESS
None.
6. ADJOURNMENT
There being no further business, the meeting was adjourned at 10 :15 p.m.
10
O (612)587-;5i-=i
FCITY C y y ��0/iiSOi!/
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: NOV. 20. 1985
TO: MAYOR AND CITY COUNCIL
FROM: —RALPH NEUMANN - -� --------------- -
SUBJECT: REPLACING 1977 CHEV. VAN FOR ENGINEERING DEPT.
------------------------ - - - - --
Permission is requested to write specifications and advertise
for bids for a new Engineers Van. The bids will not be opened until
after the first of the year with an estimated 90 day delivery date.
• This vehicle is scheduled for 1986 replacement. It is in extremely
bad condition and could cost a great deal of money if not replaced as
soon as possible. At' the present time it is costing the City 290 per
mile to operate not counting depreciation.
9 -!f
odr (612) 587 -5151 -
HUTIH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
November 20, 1985
MEMORANDUM
TO: NAYOR AND CITY COUNCIL
FROK: HAZEL SITE, PERSOMEL COORDINATOR
RE: FAIR LABOR STANLIARDS ACT (EMA)
Earlier this year, the U.S. Supreme Court rendered a decision which
brought cities under the provisions of the Federal Fair Labor Standards
Act. Previously, we were governed by the Minnesota Fair Labor Standards
Act.
The Federal FLSA allowed no barking of camp time by employees covered
under its provisions (hourly or non - exempt employees). It also had
more stringent overtime provisions than the Minnesota FLSA.
After pressure was put on the Congress by cities, amendments were
. written into the Act which exempt cities from some of its provisions.
President Reagan signed the amended Federal FLSA on November 13, 1985.
The Act will became effective on April 15, 1986. At that time, we
will be required to pay overtime (T]�) after 40 hours in one week.
The banking of compensatory time by hourly employees will be permitted.
Between now and April 15, 1986, we are free to operate under the
policy for overtime and cc[np time which had been in effect for hourly
employees for several years; that is, overtime (TS) after 48 hours
in one week or 80 hours in two weeks, and banking of overtime up
to a maximum of 80 hours. This allows some needed flexibility in
scheduling in many city departments.
It is necessary to incorporate these changed regulations into our
personnel policy by resolution, as attached.
It is recom coded that the council adopt the resolution amending
Section 9 of our personnel policy. This restores the reading of
the 1981 policy as it applies to hourly employees.
RESOLUTION NO. 8157 .
SECTIGN 9 ( Overtime) OF THE PERSONNEL POLICY, RESOLUTION NO. 8122,
ADOPTED SEP'tg93ER 24, 1985, IS HEREBY AMENDED TO READ AS FOLIO&:
SECTICN 9 OVERTIME Prior to April 15, 1986, employees to
whom the Federal Fair Labor Standards Act (FLSA) applies shall be
compensated at a rate of time- and -one -half after 48 hours in one
week or after 80 hours in a two week pay period. After April 15,
1986, such employees shall be compensated at a rate of time -and-
one -half after 40 hours in one week or after 80 hours in a two
week pay period. In the case of full time city employees who
also serve on a part time basis in the police or fire departments,
the hours worked in the part time positions shall be paid at
the rate assigned to such positions. Overtime rates shall not
apply to this part time police or fire department service, as
agreeable with the FLSA.
Emmployees covered by the FLSA and paid on an hourly basis shall
be permitted the option of banking overtime hours up to a maximum.
of 80 hours, rather than receiving overtime pay, at the discretion
of the department head. Compensatory time for these employees
must be used no more than twelve months from the time it is earned.
Employees shall give advance notice to the department head of
desired dates for use of compensatory time, and the department head
shall determine whether requested dates allow for reasonable scheduling
of work within the departzrnnt. Compensatory time may be used to
bring total paid hours only up to 80 in a pay period.
Salaried employees exempt fran the Fair Labor Standards Act -shall
arrange their work schedules according to the requirements of their
respective positions; flexible work hours are allowed. Earned time
off shall accrue for not more than four weeks and shall not be used
in combination with vacation time. Compensatory time shall be
recorded by each salaried employee and filed in the personnel office
on a monthly basis.
Adopted by the City Council this 26 th day of November ,1985.
Robert H. Stearns, Mayor
ATTM : •
Gary D. P1otz, City Administrator
LOWELL WEICKER J". CONNECTICUT, CHAIRMAN
BUOY /OSCHWITZ. MINNESOTA
DALE BUMPERS. ARKANSAS
SLADE GORTON. WASHINGTON
SAM HUNK GEORGIA
DON NICKLES. OKLAHOMA
JAMES R. SASH TENNESSEE
WARREN RUDMAN. NEW HAMPSHIRE
MAX BAUCNS. MONTANA
ALFONSE M. D'AMATO. KEW YORK
CARL LEVIN. MICHIGAN
BOB KASTEN, WISCONSIN
ALAN J. DIXON. ILLINOIS
ItARRY FTIESSLER, SOUTH DAKOTA
DAVID L DOPIER. OKLAHOMA
BARRY GOLOWATEPI, ARIZONA
TOM HARKIN. IOWA
PAUL S. TRIBLE. JR. VIRGINIA JOHN F. KERRY. MASSACHUSETTS
ROBERT J. DOTCHIN, STAFF DIRECTOR
R. MICHAEL HAYNES. CHIEF COUNSEL
JOAN W. BALL RI. MINORITY CHEF COUNSEL
Dear Friend:
CAI Juluted e�tat e�twe
COMMITTEE ON SMALL BUSINESS
WASHINGTON, DC 20510
November 15, 1985
* U�
FOR YOUR
MgTjpN
you will be pleased to know that the President just signed
_ into law legislation that overturns the Supreme Court's Garcia
decision on the Fair Labor Standards Act. State and local
governments now can continue to offer time off instead of
overtime pay. _
I received many letters and petitions from Minnesotans about
this issue, and I'm glad we were able to resolve it favorably
here in Congress.
This legislation (also known as the-"comp time" bill) which I
cosponsored produces significant savings for state and local
governments by giving their employees the option of selecting
• vacation time in place of overtime wages.
.Many Minnesota communities use comp time for their police and
fire - fighters, as well as for other jobs that are crucial to
maintaining public safety. These jobs certainly do not involve
nine -to -five hours -- and they can't. They often require that
employees be on duty at night, on weekends, and on holidays.
with comp time, they can work long shifts for awhile and then
take several days off. This system is cost - effective for
municipalities and allows employees the freedom to schedule more
time with their families than they might be able to if strict
overtime rules were followed. Also, because the schedule is
arranged among people who know their communities and their jobs,
it guarantees that the community will get the best protection
when it needs it the most.
Employers and employees can now negotiate an agreement about
the time off option. An employee can be granted at least
one - and - one -half hours of time off for each hour of overtime
worked. Safety, emergency, and seasonal employees can accumulate
up to 480 hours of comp time (320 hours of overtime). Employees
engaged in any other work can accumulate up to 240 hours. Upon
leaving a job, a worker who has earned time -off can receive cash
compensation, at the regular rate of overtime pay.
9 -r,
r
November 15, 1985
Page 2
The new law makes special provisions for v unteer work,
occasional employment, and special detail ass'gnments. It
provides flexibility that benefits everyone - employ s,
employers, and taxpayers.
Knowing how important comp time is to ted I w nted to let
you know about this important new law and / /the so tion it
provides.
RE: sjl
Since,poZy,
Boschwitz
0
n
U
n J
'"'nV19
league of minnesota cities
�'l.i£OE62
November 15, 1985
To: City Mayors, Managers and Clerks
From: Ann Houle, Research Assistant
Re: Update On New Fair Labor Standards Act Law
The bill passed by - Congress on the application of the Fair Labor Standards Act
(FLSA) to local and state governments was signed into law by President Reagan on
November 13.
When the legislation to mitigate the impact of the FLSA on local and state
governments was first proposed, prospects for passage were not good, because of
opposition from some members of Congress, particularly in the House. However,
• due to the efforts of local governments around the country, state municipal
leagues, the National League of Cities, and other groups, the opposition was
overcome. The League is especially grateful to member cities who responded to
calls for assistance by writing to the Senators and Representatives, passing
resolutions, and participating in the League's survey on the impact of the FLSA
on Minnesota cities.
Following is a summary of the provisions of the new law.
Effective Date
The effective date of the new law is April 15, 1986. Any overtime hours worked
in excess of 40 hours per workweek (212 hours for firefighters and 171 hours for
police in a 28 -day work period, or proportional amounts of time for shorter work
periods between 7 days and 28 days) after that date will have to be compensated
at the rate of one and one -half times the regular rate of pay. The overti*e
compensation may be paid, or the city may grant employees compensatory time off.
Deferred Payment
If a city chooses to pay employees for overtime hours worked after April 14,
1986, the pay for the overtime hours worked after April 14, 1986 may be deferred
until August 1, 1986. The intent of this provision is to give employers some
time to make any necessary budget adjustments and to relieve the economic impact
of having to comply with the FLSA's premium rate requirements for overtime. If
any overtime hours worked after August 1, 1986 are to be paid rather than taken
as compensatory time, the payments should be made within a reasonable time after
the overtime is earned.
- i--E: ty avenue east. st. paul, minnescta 551 01 CS 2) 227 -5600
Liabililty for Overtime Before April 15, 1986 •
Cities will not be liable for overtime pay under the federal FLSA until April
15, 1986. Any overtime hours worked before that date do not have to be
compensated at a premium rate. Therefore, for any time that an employee works
more than 40 hours in a workweek, the employee's regular rate may be paid, or
the employee may be given compensatory time off at a rate of one hour for each
overtime hour worked.
Recovery of Previous Overtime Payments
Any employer who paid cash overtime after February 19, 1985 at a time and
one -half rate under the FLSA may not recover those payments by any means.
Employers may not use the threat of recovery of prior payments to pressure or
otherwise manipu ;ate employees.
Reduction of Regular Rates of Pay
A unilateral reduction of regular pay or fringe benefits that is intended to
nullify the application of overtime compensation is unlawful. Department of
Labor regulations explicitly condemn employer efforts to adjust or recalculate
regular rates of pay so as to evade the overtime requirements of the FLSA.
Compensatory Time
After April 15, 1986, a city may grant employees compensatory time off in lieu •
of paid overtime at a rate of one and one -half times the employee's regular rate
of pay for each hour of overtime worked. An employee whose activities include
public safety, emergency response or seasonal work may accumulate up to 480
hours of unused compensatory time in a •bank• before monetary overtime
compensation must be paid. Such employees may •bank' the equivalent of 40
eight-hour days of overtime, which adds up to 480 hours of overtime at the rate
of one and one -half hours for each hour of overtime worked.
Ail other employees are subject to a 240 -hour limit on *banking* compensatory
time. These employees may •bank• the equivalent of 20 eight -hour days .of
overtime, which adds up to 240 hours of overtime at the rate of one and one -half
hours for each hour of overtime worked.
Paid Full -Time Firefighters and Police
The law allows an accumulation of up to 480 hours of unused compensatory time by
firefighters and police. However, most cities will still have to pay overtime
for hours over 212 for firefighters and over 171 hours for police in a 28 -day
work period, or for any proportionate number of hours worked in a fever number
of days between 7 and 28 days. Unless a city has a slack season or can contract
for temporary help, it will not be able to take advantage of giving compensatory
time off rather than paying for overtime in these cases because if the city
needs to regularly schedule hours beyond the 212 and 171, it has no personnel to
fill in for those taking hours off at the rate of one and one -half for each hour
of overtime. •
0 Volunteers
Any person currently regarded by a city as a volunteer will continue to be
regarded as a volunteer and not as an employee for FLSA purposes until April 15,
1986. Under the law, a person who performs services for a city on a volunteer
basis, such as a volunteer firefighter, will qualify as a volunteer under the
FLSA even if he or she receives a nominal fee, expenses, or reasonable benefits
and if the volunteer services are not the same type of services which the
individual is employed to perform for a city. For example, a city public works
employee can work as a volunteer firefighter without having the firefighting
hours added to his regular hours for the purpose of calculating overtime.
However, a paid city firefighter must have any hours performed as a volunteer
firefighter added to his regular paid hours for the purpose of calculating
overtime.
A city employee may volunteer to perform services for any other state, political
subdivision, or intergovernmental agency, including a state, political
subdivision, or agency which has a mutual aid agreement with the city which
regularly employs the volunteer. The volunteer hours do not have to be added to
the employee's regular hours for the purpose of calculating overtime.
Under the law, the Department of-Labor is required to issue regulations by Harch
15, 1986 further defining volunteers and volunteer service.
• - Joint Employment
Police officers, firefighters, and other public safety employees may accept
special detail work with second employers without having the special detail
hours added'to their regular hours for the purpose of calculating overtime under
the following conditions:
- the city requires its fire protection, law enforcement,
or security employees be hired by a separate and independent
employer to perform the special detail;
- the city facilitates the employment of such employees by
a separate and independent employer; or
- the city otherwise affects the condition of employment of
such employees by a separate and independent employer.
Examples of employees who would meet the conditions include those who work at
dances under the state law requiring police officers at dances, and those who
provide crowd control for activities such as parades under a city ordinance
requiring crowd control for those activities.
Part -time Work
• A city employee may do additional part -time work for the city without the
part -time hours being counted as overtime work. However, the work must be in a
different capacity from the employee's regular fob and the part -time work must
be on an occasional or sporadic basis. For example, a public works employee who
works extra hours every reek as janitor for the city hall would not qualify
because the part -time work is not occasional. His part -time hours must,be added
to his regular hours for the purpose of calculating overtime. However, a city
clerk who sometimes plove snow for the city on an emergency basis would qualify,
and the snow ploving hours do not have to be added to his regular hours for the
purpose of calculating overtime.
Shift Tradina
The law allows city employees who have the same fob to substitute for each other
without having the substituted hours calculated as overtime. For example, a
police officer can trade shifts with another police officer and there will be no
overtime liability if the trade results in one of the police officers working
over 40 hours in the week the shifts were traded.
Exemptions
The law exempts employees of local and state legislative bodies from the
overtime provisions of the FLSA unless they- are covered by civil service lave.
The provision is intended to parallel a similar provision of the FLSA that
exempts employees of Congress.
The exemption applies to elected officeholders and members of an officeholder's
personal staff_. The exemption applies only in very large cities, for example, a
personal aide to a mayor appointed directly by the mayor is exempt from the FLSA
under this provision. Almost all city employees are hired by the city council
or a city department head and therefore do not come under this exemption. •
Discrimination
The law includes a provision intended to preclude local and state 'governments
from discriminating against employees in retaliation for the assertion of rights
under the FLSA. For example, the wages of employees who claim rights under the
FLSA may not be lowered solely because of the claim. However, cities may adjust
rates of pay in response to fiscal concerns not directly related to the impact
of extending FLSA coverage to city employees..
If you have any questions regarding the application of the new law in your city,
please feel free to contact me at the League office.
POLICE DEPARTMENT MEMORANDUM DATE November 20, 1985
TO
FROM Dean M. O'Borsky, Chief of Police
SUBJECT Liquor License Application
A police record check and background investigation has been completed on
Dennis Vincent Hanson.
Mr. Hanson comes tyighly recommended and has an excellent record and
reputation.
I recommend approval of the transfer of the license.
DMO:neb
�,- e,
(612) 879 -2311
• f1UTlH' CITY OF HUTCHINSON
/ 37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: November 21, 1985
TO: Mayor & City Council _ _ _ _ _ _ _ _ _ ^ T _ _
FROM: Kenneth B. Merrill, Finance Director _ _ _ _ T _ _
SUBJECT: 1985 Audit
The year 1985 is quickly coming to an end. We have need to begin the
year -end processing. A request has been made of our present audit firm
of Charles Bailly & Company to prepare a quote for year -end work.
Their attached letter is quoting $18,750, which includes the federal revenue
sharing funds. This is an overall reduction from 1984 of $2,000. Charles
Bailly & Company (previously under different firm name) has been the City's
auditor since the 1940's. They have performed well in the past and will,
with an additional year's experience, continue to meet the state and federal
audit requirements.
It would be requested the audit firm of Charles Bailly be engaged for the
1985 audit.
/ms
q_)4,
Parkdale Four, Suite 300
5.M Gamble Drive
Minneapolis, Minnesota 55416
Telephone (612) 54644
Charles Bailly & Company
Certified Public Accountants
November 19, 1985
Mr. Gary Plotz, City Administrator
and Clerk- Treasurer
City of Hutchinson
37 Washington Street West
Hutchinson, MN 55350 -
Dear Gary:
Re: 1985 Audit Proposal
Offices in Minnesota,
Montana, North Dakota
and South Dakota
Associates in principal cities
of United States, Canada,
Mexico, Europe
and Asia
As requested, I have reviewed our proposal for the audit of the City of
Hutchinson for the year ended December 31, 1985 as submitted to you in our
letter of July 24, 1985.
For the current audit in 1985, the cost will not exceed $18,750.00
which is lower than the previous year and which amount was in the original
proposal.
Recent audit changes require that the single audit concept be applied
to governmental audits. Because of this, a separate compliance audit engagement
for your (Federal) revenue - sharing fund is not required; instead, this fund will
be audited in conjunction with the general audit and a compliance report on it
will be included in the complete audit report on the City. The cost of this
audit will be reduced because of the reduction in administrative and other time
previously required for a separate report. Therefore, we propose to eliminate
the cost of this separate reporting and pass the savings of $850.00 on to you.
I was pleased to meet with you and Ken Merrill recently and have
responded to your audit and accounting questions in a separate letter. In
addition, I am enclosing an engagement letter for your review.
CLR:bjs
Encs.
CC: Mr. Ken Merrill
Sincerely,
CHARLES BAILLY & COMPANY
By C.P.A.
Charles L. Ro ando, Jr.
MEMORANDUM
DATE: November 21, 1985
TO: Mayor & City Council___________________
FROM: _Kenneth B. Merrill, Finance Director _ _ _ _ _ _ _ _ _ _ _
SUBJECT: —HP-150 Computer And Printer For Transit _ _ _ _ _ _ _ _ _`
The State Department of Transportation has agreed verbally to give _the
City $2,000 for purchase of a micro computer. It is staff's opinion
the computer will be very helpful and useful. Our matching cost would
be approximately $1,600, and the money would be available ir. our transit
budget for this purpose in 1985.
We would request authorization of this purchase once written confirmation
is received from MN /DOT.
/ms
•
q- /�) I
RESOUjTICN NO. 81.60 •
WHEREAS, The City of Hutchinson has agreed that Public Transit
Assistance Program Ccntract No. 62448 for 1985 be amended to provide
capital assistance funding frccn the Transit Assistance Fund to purchase
one (l) carputer to be used in the operation of its public transit
service, and
MEMEAS, MN/DOT will pay to the City of Hutchinson as the State
Transit.Assistance Fund share of the total eligible capital equipment
costs, the lesser of the two following amounts: (.l) the lunp sum
amount of $2,000, or (2) an amount equal to eighty percent of the
total eligible- capital equipment costs,
THEREFORE, BE IT RESOLVED that the City of Hutchinson will fund
all of that portion of the total capital equipment costs not reimbursed
by State Transit Assistance Funds in accordance with the provisions
listed above.
Adopted by the City Council this 26th day of November, 1985.
H. Stearns, Mayor
Gary D. P otz, City Administrator
CERTIFICATION
I hereby certify that the aforegoing resolution is a true and correct copy of
the resolution presented to and adopted by the Hutchinson City Council at a •
duly authorized meeting thereof held on the 26th day of November, 1985, as
shown by the minutes of said meeting in my possession.
Gary D. Plotz, City Administrator q_M'
•
•
yo
a
1pQ
OF !P1
Minnesota Department of Transportation
Transportation Building, St. Paul, MN 55155
Phone 296 -3331
November 21, 1985
Hazel Sitz, Transit Coordinator
City of Hutchinson
37 Washington Ave. W.
Hutchinson, MN 55350
Dear M.s. Sitz:
Enclosed is a copy of Amendment #1 to Contract 062448 between the City
of Hutchinson and the Minnesota Department.of Transportation for the
period January 1, 1985 - December 31, 1985. The approval process
as it relates to the preceding is completed. Copies will be mailed
to Hutchinson for signature not later than November 26, 1985. The
Council should pass a resolution authorizing the acquisition and
approving the 20% local share as soon as possible.
If you have any questions please do not hesitate to contact me.
Sincerely,
Ra son
Project Manager
Transit Program Section
An Equal Opportuniy Employer
� 11
STATE OF MINNESOTA
Department of Transportation
✓
p p
CONTRACT AMENDMENT
Amendment 1 to Contract 62448 between the Minnesota Department
of Transportation (Mn /DOT) and the City of Hutchinson
WHEREAS, the Commissioner of Transportation has authority
to make expenditures from the State of Minnesota's Transit
Assistance Fund to contract for capital expenditures necessary
to provide a transit service pursuant to Minn. State S 174.32,
subd. 5; and
WHEREAS, the City of Hutchinson has requested capital
assistance funding from the Transit Assistance Fund to purchase
one (1) computer to be used in the operation of its public
transit service;•and
WHEREAS, the Commissioner has determined this purchase to
be an eligible expenditure to be funded under the State of
Minnesota's Transit Assistance Fund; and
WHEREAS, the City of Hutchinson is currently the recipient
of federal and state operating assistance funding pursuant to
Public Transit Assistance Contract No. 62448;
NOW, THEREFORE, it is mutually agreed that Public Transit
Assistance Program Contract No. 62448 be amended as follows:
Article II. is amended to read:
II. Financial Participation — Capital Equipment Costs 411
q-lry
A. Basis of Payment by ',',n ./DOT of State Transit
Assistance Funds
Subject to the availability of sufficient State
funds, Mn /DOT will pay to the Recipient, as the State
Transit Assistance Funds share of total eligible capital
equipment costs, the lesser of the two following amounts:
(1) the lump sum amount of $2,000, or (2) an amount equal
to eighty percent (80 %) of the total eligible capital
equipment costs.
B. Responsibility of Recipient
The Recipient will fund all of that portion of the
total capital equipment costs not reimbursed by State
Transit Assistance Funds in accordance with the provisions
10 of Section A. above.
Article III. C. is amended to read:
C. Payment of State Funds Participating in Capital
Equipment Costs _
Payment by Mn /DOT to the Recipient of the State
Transit Assistance Funds share of the eligible costs of
capital equipment purchased by the Recipient will be made
upon receipt of the Recipient's invoice (using Request for
Funds form) accompanied by copies of the vendor's
invoice(s) covering the capital equipment items eligible
for reimbursement.
•
All other terms and conditions of Public Transit Assistance
Program Contract No. 62448 remain in full force and effect.
APPROVED
Commissioner of Administration
By
Date
RECIPIENT
For
By
Title
Date
APPROVED AS TO FORM AND EXECUTION
MINNESOTA DEPARTMENT OF TRANSPORTATI
Special Assistant Attorney General
By
Date Title Assistant Commissioner
Date
7
*I
r 12) 587 -5151
TY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O
DATE: November 20, 1985
TO: - Mayor and City Council
FROM: Director of Engineering
RE: Plaza 15 Shopping Center
I have met with Mr. Koehler of Kraus- Anderson and Mr. Johnson of Hutchinson
Super Value store, relative to roadway and building expansion proposals.
Expect to have more information for discussion at the Council Meeting.
MVP /pv
LJ
Marlow V. Priebe
Director of Engineering
(612) 587.5151
ITY OF HUTCHINSON
VASHING TON AVENUE WEST
.HINSON, MINN. 55350
M E M O
DATE: November 19, 1985
TO: Mayor and City Council
FROM: Director of Engineering
RE: Minnesota Department of Transportation
District 8 - Willmar
On Friday, November 15, 1985, I met with Ken Madole, District Engineer and
Gene Setrum, Preliminary Design Engineer, relative to request to expand
the Kraus- Anderson Building (Plaza 15), for additional space to convert
Super Value to a Cub Foods Store.
The outcome of that meeting is that they are open to suggestions from the
developer as to what alternatives the developer considers feasible. It
• appears that most or all probable alternatives will affect the Pamida site,
which will require the City to become involved, as well as the Department
of Transportation. I hope to have more information available at the
Council Meeting.
Other projects the Department is working on, brought up some additional
questions.
1. Relative to T.H. 7/22 West Project
a. Presently, it is scheduled for letting on February 27, 1987. They have
requested a new letting date for June 27, 1986. If we are going to
assess properties benefited by the improvement not previously assessed
for street improvement, we should have the hearing in the near future.
b. They would like to utilize the Service Road for a by -pass during
construction, with assistance from the City for temporary connections
at east and west end. This would eliminate detouring traffic to
Litchfield, to Dassel and back to Hutchinson. This by -pass would
require construction of the Service Road west of School Road and need
to consider a City project for a portion of it.
c. Due to proposed construction schedule and limited manpower, they do not
have time to design a yellow flashing light system at School Road. The
City could do so, if we desire to persue this matter.
9 -�
Mayor and City Council
Minn. Dept. of Transportation -
District 8 - Willmar
November 19, 1985
Page 2
2. Lane Expansion on Main Street
Presently, they are trying to design a left turn, thru traffic and right
turn lane designation for both north and south bound traffic at Washington
Avenue.and Second Avenue South. This would require some widening at the
Northwest and Southeast corners of said intersections. Also, removal of
additional parking in said areas. At this time, I do not know if the
City would have to bear any cost. The removal of parking is the key
question right now. No date has been programmed for this work.
Marlow V. Priebe
Director of Engineering
MVP /pv •
0
MC LEOD COUNTY
• Highway 7 - Reconstruction from 0.5 Mile E. of Jct. TH 15 to the E.
Limits of Hutchinson
Year -1989, Cost -$ 900,000
Highway 15 - Traffic Signal Revisions at S. Jct. TH 22 in Hutchinson
Letting- 2/27/87; Cost -$ 75,000
- Traffic Signal Revisions at 2nd Avenue S.W. in Hutchinson
Letting- 2/27/81; Cost -$ 75,000
- Reconstruction from the S. City Limits to 5th Avenue in
Hutchinson
Year -1988; Cost -$ 1,225,000
- Traffic Signal from the S. City Limits to 5th Avenue in
Hutchinson
Year -1988; Cost -$ 75,000
- Reconstruction from the Jct. TH 7 to the Jct. TH 12 at Dassel
Year -1990; Cost -$ 4,000,000
- Replace Bridge No. 91160, 0.2 Mile N. of S. McLeod Co. Line
Year -1990; Cost -$ 130,000
• Highway 22 - Resurfacing from the Jct. TH 212 to Glencoe
Letting- 2/27/87; Cost $ 210,000
n
�.1
- Channelization & Signals from 800' East of California Street
to Shady Ridge Road in Hutchinson
Letting- 2/27/87; Cost -$ 550,000
- Channelization & Traffic Signal at School Road in W.
Hutchinson
Letting- 2/27/87; Cost -$ 75,000 _
- Replace Bridge No. 4912, 5.9 Miles S. of Hutchinson
Year -1988; Cost -$ 402,000
- Replace Bridge No. 4913, 1.3 Miles S. of Hutchinson
Year -1988; Cost -$ 284,000
SIBLEY COUNTY
Highway 15 - Replace Br. 5702; 5.2 Miles N. of Winthrop
Year -1990; Cost - $84,000
DATED: NOVEMBER 11, 1985
q - 6
•
M E M O R A N D U N
DATE:
November 22, 1985
TO: _Mayor & City Council___________________
FROM: _ Gary D. Plotz, City Atministrator _ _ _ _ _ _ _ _ _ _ _ _
SUBJECT: _ Railroad Connector Track And_Spur Track
I have discussed the preparation of specifications with Marlow Priebe.
He has informed me that he did not have the expertise to draw up the
specifications for this tyre of project. Therefore, it becomes necessary
. to obtain assistance from someone with railroad expertise.
Mr. Bernie Prusak, Gopher Engineering, has expressed an interest to write
the specifications. I will attempt to get a price from him within the next
few days prior to our Council meeting.
Jim Schaefer, City Attorney, has beer_ in contact with the State Attorney
General regarding whether or not the project is required to be bid. He
has not received a response at this time and is anticipating to give a
report at the Council meeting.
/ms
0
q- P.
•
M E M O R A N D U M
DATE: November 26, 1985
TO: Mayor & City Council _____________!_____
FROM: Gar; D. Plotz, City Administrator _ _ _ _ _ _ _ _ _ _ _ _ _
SUBJECT: Cost Of Railroad Connector Track And Spur _ Developing _
specifications
is Gopher Engineer, Mr. Bernie Prusak, has given me the estimate of $35.00
per hour, plus travel and typing expenses. The total estimate to develop
the specifications (7 -8 days) would he $2,200. He could start on the
project immediately.
/Ms
n
u
M E M O R A N D U M
DATE: November 22, 1985
TO: Mayor & City Council ___________________
FROM: Gary D. Plotz, City Administrator_ _ _ _ _ _ _ _ _ ,
SUBJECT: Orderly Annexation Agreement _ _ _ _ _
On November 21 the State Municipal Board called a meeting of the town -
Chips and the City.
Terry Merritt of the State Municipal Board reviewed the advantages of a
joint Orderly Annexation Agreement. As you may know, the City and town-
ships had a joint 10 -year Orderly Annexation Agreement that expired last
year.
Mr. Merritt asked that Pack± of the governing entities determine if they
want to enter into future disciass3ons or negotiations on a new agreement
and report back to him by early December.
Ms
•
9 -Q.
, ,/- : -;;151
f C9 —io yf � 6= J' �UTCHiNS Z:Al
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: November 21, 1985
TO: Mayor and City Council
FROM: Building Department
RE: Surcharge Refund
The Building Department would like to request the State Surcharge Refund
check be deposited and held in a separate account from the General Fund, as
recommended by the State of Minnesota. These funds are to be used for
education, facilities, incentives, etc..., specifically for the Building
Department.
The State of Minnesota Building Department has informed us that
Certification for Plumbing, Mechanical and Handicap Regulations will be
required in 1989, with education programs beginning in 1986. This
requirement means added classes and seminars and fees for certification
testing.
The State of Minnesota is, also, requiring continuing education for Class
II Building Inspection Certification. Minimum credit units, will again
require more schooling and conferences.
Your consideration in this matter is greatly appreciated.
t
Homer Pittman James G. Marka
Building Official Assistant Building Inspector
HP /JM /pv
cc: Ken Merrill
q—�
CHANGE
ORDER
AIA DOCUMENT G701
OWNER
ARCHITECT
H
CONTRACTOR
FIELD
❑
OTHER
*ROJECT: Recreation Facility
(name,address) Hutchinson,Mn.
CHANGE ORDER NUMBER: #3
TO (Contractor)
ARCHITECT'S PROJECT NO: 8423
E. J. Pinske Builders CONTRACT FOR: General, Mechanical
Route #1, Box 107C and'Electrical Construction
Gaylord, Mn. 55334
L CONTRACT DATE: April 18, 1985
You are directed to make the following changes in this Contract:
1) Add insulation to west concrete wall above low building roof and
insulated metal wall above.
9 sheets plywood $ 86.40
9 sheets styrofoam $126.00
1 box anchors $ 39.60
6 hours labor $ 90.00
Add: $342.00
2) Revise location of exterior surface mounted fixtures as per Addendum #2.
Material $ 82.66
Labor 192.50
Contr. 10% Overhead $275.16
10 & Profit 27.52
Add: $302.68 Total Add: $644.68
Justification:
1) Provide a more energy efficient building and reduce possible 'con
densation on interior wall.
2) To improve overall building lighting and building security.
* Contract Time - Increase 30 days due to weather conditions, late
summer and added work for change -orders and metal panel revisions.
The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ 1,007,850.00
Net change by previous Change Orders . . . . . . ... . . . . . . . . . . $ 21,137.00
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 1, 028, 987.00 -
The Contract Sum will be (increased) (ct(0t*xo*iW xi6XM) by this Change Order . . . $ 644.68
The new Contract Sum including this Change Order will be $ 1, 029, 631.68
* The Contract Time will be (increased) by Thirty ( 30 ) Days.
The Date of Completion as of the date of this Change Order therefore is December 18. 1985
/Koortn�giebel Architecture
4�HWashington Avenue E.
Address
Hutchinson,, Mn. 55359
Mir -=241-00-0=
E.J. Pinske Builders
CONTRACTOr—,.,,-Box
Route 107C
Address
Gaylord, Mn. 55334
O
BY - 566. 4 f S'.
DATE If -,2 3ow'
AIA DOCUMENT 0701 . CHANGE ORDER • APRIL 1970 EDITION • AIAB . m 1970 . THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006
City of Hutchinson
03W/N%ashington Ave. W.
Address
Hutchinson, Mn. 55350
BY
DATE
ONE PAGE
/o - a
10
u
612)587-5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O
DATE: November 26, 1985
TO: Mayor and City Council
FROM: Director of Engineering
RE: Resolution No. 8162
Approval of the attached resolution is needed to approve dispersement of
payment under two lettings and correct our records, relative to the work
done in Kimberly Country Estates.
MVP /pv
attachment
Marlow V. Priebe
Director of Engineering
/o - IL--- ,
�7_
LJ
RESOLUTION AMENDING RESOLUTION NO. 8136
PROJECT: KIMBERLY COUNTRY ESTATES
Resolution No. 8162
BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA:
That paragraph 2 of Resolution No. 8136, Resolution Declaring Adequacy of
Petition and Ordering Preparation of Report, is hereby amended to read as
follows:
2. That portion of the Petition requesting the construction of sanitary
sewer, watermain, storm sewer, gravel sub -base and appurtenances, shall be
installed by Change Order No. 1 under 1985 Letting No. 1 and Change Order
No. 2 under 1985 Letting No. 6, Juul Contracting Company, as per existing
bid prices. This declaration is made in conformity to the Petition
submitted.
Adopted by the council this 26th day of November, 1985.
City Clerk
Mayor
GENERAL FUND
*Dept of Natural Resources
*Delaine Rolfe
*Mildred Nelson
*Commissioner of Revenue
Jenny Kemper
James Marka
Joleen Runke
Roberta Tabberson
James Weckman
Gale Boelter
Eldon Barkeim
Roger Bakken
Robert Rincs - --:--
Scott Sch�-:"
snowmobile reg. fees
REGULAR COUNCIL MEETING
November 26, 1985
46.90
election judge
46.90
arena Oct. sales tax
18.06
WATER 4 SEWER FUND
24.00
SW Bldg. conf.
10.23
*U.S. Postmaster
postage.for water bills
$IS7.48
4.08
*U.S. Postmaster
postage for meter
200.00
77.00
*Dept. of Natural Resources
permit application
100.00
62.00
Pace Laboratories
professional services
11,300.00
7,'."`r,
Mn.Wastewater Operators Assn.
dues for 2 yrs for 5
92.50
Hazard Control Inc.
rain wear
19.46
1st Bank of Minneapolis
initial fee
400.00
Blue Cross Blue Shield
Dec. medical ins.
1353.56
Central Garage
October repair jobs
1093.58
Firemans Fund Ins.
Dec. LTD ins.
47.68
Juul Contracting
repair water service 4
replace hydrant less credit
ZI.82
Logis
computer charges
424.42
Mn. Mutual Life Ins.
Dec. life ins.
47.43
Mn. Valley Testing Lab.
testing
164.50
State Treasurer
PERA
244.67
State Treasurer
Social Security
405.88
Water Products
meter
848.26
*Fitzloff Hardware
supplies
109.48
*State Treasurer
social security
396.47
*State Treasurer
pera
239.01
$ 17,666.20
CENTRAL GARAGE FUND
Motor
2 yr handbook subscription
$ 22.00
Wacker Implement
supplies
145.01
Blue Cross Blue Shied
Dec. Med. ins.
213.43
Dostal F Oleson Oil
solvent
10.25
Firemans Fund. Ins.
Dec. LTD ins.
6.60
Mn. Mutual Life Ins.
Dec. life ins.
6.51
MacQueen Equipment
supplies
140.56
Road Machinery
contract payment
18,000.00
State Treasurer
PERA
43.80
State Treasurer
Social security
72.65
*State Treasurer
pera
42.55
*State Treasurer
social security
70.58
$18,773.94
GENERAL FUND
*Dept of Natural Resources
*Delaine Rolfe
*Mildred Nelson
*Commissioner of Revenue
Jenny Kemper
James Marka
Joleen Runke
Roberta Tabberson
James Weckman
Gale Boelter
Eldon Barkeim
Roger Bakken
Robert Rincs - --:--
Scott Sch�-:"
snowmobile reg. fees
$118.00
election judge
46.90
election judge
46.90
arena Oct. sales tax
18.06
skating refund
24.00
SW Bldg. conf.
10.23
Logis meeting
4.08
Logis meeting
4.08
October gas pumped
10.00
safety eye glasses
77.00
safety eye glasses
73.70
replaced damaged lenses
62.00
officer training cxncnses
64.50
jury trial- Ninls.
7,'."`r,
-2-
LeRoy Barrick
Joe Sic
Brad Emans
Richard Popp
Ellen Beth Mohagen
Bernies Electric
Curtis Industries
Central Contractors Supply
Data Code
Hanson Grave & Fill
Kocks Jewelry
Litchfield Ind. Review
Lomita Midwest Tag Co.
Meetings International
Office of StateAuditor
Senior Advisory Board
STate of Minnesota
Village Shop
Witte Sod
Mn.Society of CPA
Northrop Dance Season
Crystal Tree Service
Blue Cross Blue Shield
John Bernhagen
Central Garage
Coca Cola Bottling
Copy Equipment
Co. Treasurer
Erickson Oil Products
ERickson & Templin
Firemans Fund Ins.
Henrys Candy Co.
Hutch Com. Hospital
Hutch Police Dept.
ICMA
KDUZ
Mn. Mutual Life Ins.
Mankato Mobile Radio
Mankato Bus. Products
Miller Davis Co.
Kenneth Merrill
Motorola Communications
Marilyn Swanson
McGarvey Coffee
New Ulm Wholesale
Homer Pittman
Gary Plotz
Peterson Bus Service
Quades
St. Paul Book & Stationery
State Treasurer
•State Treasurer
State Treasurer
JAMES Schaefer
Treasurer, STate of Mn.
UBC
hay ride- sr.citizens
$ 45.00
refinish floor
229.00
bal.Mn.Fire Chief Conf.
76.57
bal. Mn. Fire Chief Conf.
84.77
subpoena fee
106.00
power outlets
48.20
parts
63.16
parts
72.00
memory module reprogramming
135.00
Tarton Park baseball project
1846.25
repairs
15.00
1 yr. subscription
11.00
dog license tags
47.51
6 cassette tapes
46.00
audit guide
15.00
fund raiser money
236.60
training program
250.00
gift- J.Field
12.19
13950 yds sod
6975.00
registration fees
80.00
40 tickets
620.00
stump removal
1271.43
Dec. med. ins.
14,383.81
adding machine & seminar exp.
136.90
Oct. repair jobs
11,211.42
moving voting machines
120.00
supplies
44.69
ballot envelopes
28.00
gasoline
12.00
backhoe work at arena
276.50
Dec. LTD ins.
605.68
supplies
40.00
alcohol test $ laundry
26.25
reimburse petty cash
224.59
employer contribution
142.46
enterprise program
90.00
Dec. life ins.
506.23
battery
54.50
copy machine
105.00
supplies
60.00
Logis meeting
26.85
supplies
26.46
coffee
4.29
coffee
67.10
cups
50.00
SW Bldg. Conf.
10.74
meeting expenses
94.80
2 coach rentals
495.00
supplies
156.52
supplies
71.22
PERA
3794.06
social security
1460.91
social security
3056.91
compensation
1001.00
license
105.00
s,iprl ies
54.08
-3-
Logis computer usage $4968.59
* STate Treasurer social security 3493.05
*State Treasurer PERA 4131.82
$64,019.56
BOND FUNDS
Bonds of 1985
1st National Bank of Mpls.
initial fee
$400.00
1985 Tax Increment Bonds
1st National BAnk of Mpls.
initial fee
$400.00
Library Construction Bonds
E. J. Pinske Bldrs.
est. #11 and end panels
$6344.76
LIQUOR STORE FUND
Ed Phillips & Sons
wine & liquor
$3868.75
Griggs Cooper $ Co.
wine & liquor
3538.87
Quality Wine $ Spirits
wine $ liquor
2176.36
Twin City Wine Co.
wine $ liquor
1519.98
Henrys Candy Co.
supplies
939.40
Bernick Pepsi Cola
Griggs Cooper & Co.
supplies
misc.
75.00
27.24
Commissioner of Revenue
Oct. sales tax
7201.13
State Treasurer
PERA
161.45
State Treasurer
Social security
267.82
City of Hutchinson
payroll
4397.88
Roadway Express
freight
47.87
Mn. Dept. of Public Safety
buyers card
12.00
State Treasurer
Pera
159.76
State Treasurer
Social Security
265.01
City of Hutchinson
payroll
4189.83
State Treasurer
Social Security
269.87
State Treasurer
PERA
162.69
City of Hutchinson
transfer of funds
25,000.00
City of Hutchinson
insurance
4964.00
Nationwide Papers
bags
197;68
Andy Lundholm
beef sticks
108.85
Mn. Police Chief
advertising
100.00
Hutchinson Plbg $ Htg.
heater motor
161.40
Junker Sanitation
refuse collection
97.50
Hutch Utilities Commission
gas $ electric
451.73
American Linen Supply
towel service
17.60
Hutchinson Telephone
telephone
69.68
Coast to Coast
supplies
39.66
KOLV Radio
Oct. advt.
80.00
Hutchinson Leader
Oct. advertising
25.00
•
Sprengler Trucking
freight charges
496.53
Triple G
beer
9493.10
Locher Bros.
beer
7511.80
Lenneman Beverages
beer
17,'15.00
Friendly Beverages
beer
Northland Beverages
mix
Coca Cola
mix
FOR YOUR INFORMATION
• POLICE DEPARTMENT MEMORANDUM DATE November 18, 1985
TO Mayor and City Council
FROM Dean M. O'Borsky, Chief of Police
SUBJECT Air Quality in Police Department
I had complaints again today about conditions in the Police Department.
The temperature was 89 degrees in the secretarial area. At the same time
the dispatch area was so cold the dispatcher was wearing a sweater.
Several employees continue to complain about headaches, nasal and chest
congestions as well as lingering illness. I believe that the lack of air
exchange and the continued breathing of stale hot air is deleterious to the
health of everyone who works here.
•
• cc: Police Commissioners
Gary Plotz
DMO:neb
ua7 -5151
7 WASHINGTON AVENUE WEST
fTCHINSON, MINN. 55350
November 22, 1985
MEMORANDUM
TO: MARLOW PROBE
FRAM: GARY D. PLOiiZ J49-
SUBJECT: VACATICN OR CCRP TIME PLANS
Please provide me with a memorandum on your intentions of
vacation and cam time, including when you will be leaving
and returning.
As you ]now, the issue of cm binincq carp time earned vrior
to September 24, 1985, with vacation time is scmething you
feel very strcngly about. and the interpretaticn of existing
policy by the council is appropriate.
Please provide the memo before the council meeting of November
26, as I previously had suggested.
cc: Mayor and Council
uu
ILLJ league of minnesota cities
November 13, 1985
To: City managers and clerks
From: LMC Research staff
Re: MSDS /Employee Right to Know Service
?'?'?2
XK
'� i� tD J) N
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'tt -iZ a
Cities are now eligible to participate in a new service designed
to help them comply with the requirements of the Employee Right
to Know Act. This service is- offered by the Poison Control
Center at St. Paul Ramsey Medical Center, under a contract with
the State of Minnesota. The,Poison Control Center originally
developed this program to help the state comply with the law's
requirements for state employees. The League staff has worked
with the Poison Control Center staff in adapting the program to
serve cities as well.
A subscribing city will prepare a list of hazardous substances
to which its employees are exposed, and send that list to the
Poison Control Center. The Center will in turn provide the city
with the Material Safety Data Sheets (MSDS's) it needs. Each
subscriber will receive a complete set of MSDS's, in microfiche
form. This basic set will contain most if not all of the MSDS's
which the city needs. The city will also receive an index,
showing where in the microfiche set the MSDS's for substances on
that city's list are found.
If the city has a substance on its list which is not contained
in the basic set, the Poison Control Center will obtain (or
write, if necessary) that MSDS and forward it to the city. That
MSDS would then also be added to the basic microfiche set. The
city will receive quarterly MSDS updates, covering new products,
changes in product formulations, etc. The MSDS's will also be
available in hard -copy form, for those cities which don't have
access to a microfiche reader - printer. (Microfiche equipment is
available in many libraries.) There will be a small additional
charge for paper copies.
Subscribing cities will also receive an Employee Right to Know
Manual, containing recommended procedures for administration and
record - keeping under the Act and a large amount of "generic"
safety and training information on common classes of substances.
(OVER)
-5600
avenue east, st. paul. minnesota 551 C 1 (61 2] 227
The subscription also gives the city access to a toll -free
"Hotline ", staffed around the clock. This Hotline will provide
two important services. Cities will be able to get help in to
interpreting MSDS information, and advice in meeting other
aspects of the Act's requirements, such as labeling, training,
etc. And, second, the Hotline will provide emergency first aid
advice. When an accident occurs, and an employee is exposed to
a hazardous substance, the first call the city makes should be
to the Hotline for instructions on emergency treatment.
The Poison Control Center will also be conducting regular
training sessions at various locations around the state. These
sessions will provide safety training, focused either on
specific.classes of substances (such as pesticides and
herbicides, for example), or on substances and hazards commonly
- encountered by people working in certain types of jobs (e.g.,
building custodians). There will be an extra charge for the
training sessions.
The subscription cost is based on the average number of
full -time and part -time employees. For cities with 1 -15
employees, the cost is $175; for 16 -30 employees, the cost is
$11.25 /employee; for 31 -200 employees, $8.50 /employee. Cities
with larger employee groups should call the Poison Control
Center for a quotation; because of the large response already,
the cost for larger employee groups is expected to be even
smaller than the rates quoted in the November issue of the .
League magazine.
This program should be a very cost- effective and relatively
painless way for cities to fulfill their responsibilities under
the Employee Right to Know Act. For further information or to
sign up for the program, call "612- 221 -3096. (Note: This phone
number was given incorrectly in the article which appeared in
the November issue of the League magazine.)