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cp03-24-1992 ci I IJ TC H 11\1 S 0 k1 CITY CALENDAR, !,'LEEK OF March 22 TO Match 28 r 1992 V!EDNESDAY -25- 10:00 A.M. - Directors Meet at City Hall SUNDAY MONDAY TU AY 14 _22_ -23- THURSDAY -26- FRIDAY -27- 5:00 P.M. - Special Meeting of Planning Commission at City Hall 7:30 P.M. - City Council Meeting at City Hall SATURDAY -28- VACATION: KEN MERRILL - March 23 -30 GARY PLOTZ - March 23- April 3 HAZEL SITZ - March 23 -25 AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUES4AY, MARCH 24, 1992 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Timothy Caspers, Shalom Baptist Church 3. Consideration of Minutes None 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - February 1992 2. Park S Recreation Board Minutes of January 29, 1992 (b) Report of City Investments • (c) On -Sale Intoxicating Liquor License Renewals 1. Gold Coin 3. The Underground 2. The Coach 4. Victorian Inn (d) Set -Up License for Little Crow Bowling Lanes (e) Appointment of Roy Thompson to Pioneerland Library Board Action - Motion to order report and minutes filed, issue licenses, and ratify appointment 5. Public Hearing - 8:00 P.M. (a) Letting No. 2, Project No. 92 -09 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (b) Letting No. 4, Project No. 92 -07 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution CITY COUNCIL AGENDA - MARCH 24, 1992 (c) Letting No. 6, Project No. 92 -10 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution .._ .� - MaTITNTIZ (a) Consideration of Request for Out -of -State Training By Police Chief Action - Motion to reject - Motion to approve 7. Resolutions And Ordinances (a) Ordinance No. 92 -55 - An Ordinance Extending The Corporate Limits Of The City Of Hutchinson To Include Certain Unincorporated Land Totally Surrounded By The City Of Hutchinson (Fair Grounds Property) Action - Motion to reject - Motion to waive second reading and adopt is (b) Resolution No. 9686 - Resolution Relating To General • Obligation Parking Improvement Refunding Bonds Of 1984; Calling For The Redemption Thereof Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9687 - Resolution Appointing And Designating The Commissioner of Transportation As Agent Of The City Of Hutchinson Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business None 9. New Business (a) Consideration of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service i- 2 • CITY COUNCIL AGENDA - MARCH 24, 1992 (b) Consideration of Authorizing Issuance And Calling for Sale of Tax Increment Bonds On April 28, 1992 for Farmers Elevator Action - Motion to reject - Motion to approve - Motion to waive readings and adopt Resolutions No. 9684 & 9685 (c) Consideration of Setting Public Hearing for Intoxicating Liquor License Application At Hutch Pizza Inc. /J's Sports Bar, Steve Picha Owner Action - Motion to reject - Motion to approve and set hearing for April 10, 1992 at 8:00 P.M. (d) Consideration of Setting Date for City Council Budget Workshop with City Directors Action - Motion to set date for Week of April 6, 1992 (e) Consideration of Date for Joint Meeting with City Council And Utilities Commission • Action - (f) Consideration of McDonald's Lakeview Terrace Mobile Home Park Storm Shelter 0 Action - Motion to reject - Motion to approve proposed design plan (g) Consideration of Signage for No Truck Traffic On Huron Street Action - Motion to reject - Motion to approve (h) Consideration of Advertising for Bids to Purchase Street Department Grader Action - Motion to reject - Motion to approve (i) Discussion of Proposed Condominium Agreement with Erickson's Diversified Corporation for Liquor Store Action - Motion to reject - Motion to approve 3 CITY COUNCIL AGENDA - MARCH 24, 1992 (j) Consideration of Approving Addition of Shoreland Ordinance to Zoning Ordinance Action - Motion to reject - Motion to approve - Motion to waive first reading of ordinance and set second reading for April 14, 1992 (k) Consideration of Temporary Sign Permit for Brown's Floral during Month of May Action - Motion to reject - Motion to approve (1) Consideration of Variance Requested By Dwight Bordson for Addition to Non - Conforming House with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9682 (m) Consideration of Conditional Use Permit Requested By Dwight Bordson for Addition to Non - Conforming House with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9683 (n) Consideration of Conditional Use Permit Requested By Simonson Lumber Co. for Construction of Building (Special Planning Commission Meeting on March 24, 1992) Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution lo. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adiournment 4 0 Fe9RU4vt r 19.6% 3,927.54 19.8% 8,554.69 ro0k ar -J4NHAfW 1992 CITY OF HUTCHINSON FINANCIAL REPORTS 3ANtffi8Y 1992 YOUTH CENTER - "DRY DOCK" 25.1% REVENUE REPORT CURRENT YEAR TO BALANCE PERCENTAGE MONTH -FEB. DATE ACTUAL BUDGET REMAINING USED MEMBERSHIPS 0.00 0.00 0.00 0.00 ERR ADMISSIONS 0.00 215.00 863.00 648.00 24.9% VIDEO GAMES 0.00 800.00 800.00 0.0% POP 69.10 417.97 1,600.00 1,182.03 26.1% CANDY 102.45 133.75 1,000.00 866.25 13.4% CHIPS, ETC. 60.76 126.51 3,400.00 3,273.49 3.7% INTEREST 0.00 0.00 500.00 500.00 0.0% BLDG RENTS 0.00 0.00 0.00 0.00 FUND RAISERS 0.00 0.00 0.00 CONTRIBUTIONS 6,250.00 29,250.00 41,900.00 12,650.00 69.8% TOTAL EXPENSE REPORT PERSONEL SERVICES OPERATING SUPPLIES OTHER SERVICES & CHARGES MISCELLANEOUS • CAPITAL OUTLAY TOTAL YOUTHCTR 92 20 DATES • 6,482.31 30,143.23 50,063.00 19,919.77 60.2% 3,084.15 359.77 1,788.10 0.00 69.96 5,301.98 5,452.05 972.46 3,045.31 0.00 3,115.83 12,585.65 ATTENDANCE Y.T.D 317 499 27,813.00 4,900.00 11,600.00 500.00 5,250.00 50,063.00 22,360.95 19.6% 3,927.54 19.8% 8,554.69 26.3% 500.00 0.0% 2,134.17 37,477.35 25.1% ,V -A - �1) FEBRUARY 1992 REVENUE REPORT - GENERAL FUND • TAXES LICENSES PERMITS AND FEES INTER - GOVERNMENT REVENUE CHARGES FOR SERVICES FINES & FORFEITS MISCELLANEOUS REVENUE CONTRIBUTIONS FROM OTHER FUNDS REVENUE FOR OTHER AGENCIES TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADM. /CITY CLERK ELECTIONS FINANCE MOTOR VEHICLE ASSESSING LEGAL NNING Y HALL CREATION BUILDING POLICE DEPARTMENT FIRE DEPARTMENT SCHOOL LIAISON OFFICER BUILDING INSPECTION EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE MARSHALL ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C LIBRARY SENIOR CITIZEN CENTER PARK /REC. ADMIN. RECREATION CIVIC ARENA PARK DEPARTMENT CEMETERY COMMUNITY DEVELOPMENT DEBT SERVICE AIRPORT TRANSIT ENERGY COUNCIL D.P. COORDINATRO LOCATED TOTAL CITY OF HUTCHINSON FINANCIAL STATEMENTS 1992 CURRENT YEAR TO ADOPTED MONTH -FEB. DATE ACTUAL BUDGET 7,478.09 4,230.00 18,184.36 34,472.28 20,186.69 3,635.81 18,041.67 1,800.00 1,305.46 109,334.36 4,303.46 18,285.24 325.58 36,874.79 9,773.48 0.00 3,395.60 135.77 4,483.77 2,637.13 103,966.45 3,076.46 3,636.27 10,062.48 0.00 0.00 5,233.95 23,880.54 36,313.95 4,990.52 925.00 7,400.22 11,478.66 10,489.21 20,047.90 37,659.20 5,437.55 3,123.21 700.00 13,746.59 11,506.34 0.00 25,940.67 2,056.43 7,478.09 1,804,470.00 4,339.00 22,645.00 21,604.51 122,400.00 34,472.28 1,328,208.00 54,246.91 697,348.00 3,635.81 50,800.00 23,010.02 134,195.00 2,802.00 517,000.00 1,424.29 250.00 FEBRUARY 199 BALANCE PERCENTAGE REMAINING USED 1,796,991.91 0.4% 18,306.00 19.2% 100,795.49 17.7% 1,293,735.72 2.6% 643,101.09 7.8% 47,164.19 7.2% 111,184.98 17.1% 514,198.00 0.5% (1,174.29) 569.7% 153,012.91 4,677,316.00 4,524,303.09 3.3% 7,380.24 49,520.00 35,278.28 170,428.00 1,300.87 10,400.00 56,928.48 258,629.00 17,583.86 75,027.00 0.00 22,532.00 6,594.60 43,800.00 329.50 7,450:00 8,533.82 47,626.00 4,900.69 61,513.00 191,408.57 1,096,460.00 13,820.45 142,789.00 6,312.68 34,686.00 18,378.69 92,817.00 0.00 1,750.00 0.00 250.00 9,696.41 51,335.00 46,854.95 256,713.00 63,478.44 431,035.00 12,425.62 77,200.00 17,869.79 78,069.00 14,374.89 93,196.00 19,931.40 113,845.00 17,149.24 161,351.00 36,845.77 126,967.00 70,400.37 463,829.00 8,866.94 63,412.00 6,094.60 33,580.00 1,400.00 43,235.00 15,046.24 212,026.00 22,347.02 115,074.00 0.00 50.00 80,040.94 41,129.00 71,204.70 392,748.00 42,139.76 135,149.72 9,099.13 201,700.52 57,443.14 22,532.00 37,205.40 7,120.50 39,092.18 56,612.31 905,051.43 128,968.55 28,373.32 74,438.31 1,750.00 250.00 41,638.59 209,858.05 367,556.56 64,774.38 60,199.21 78,821.11 93,913.60 144,201.76 90,121.23 393,428.63 54,545.06 27,485.40 41,835.00 196,979.76 92,726.98 50.00 (38,911.94) 321,543.30 0.00 421,886.42 882,778.05 4,870,471.00 3,987,692.95 18.1% FEBRUARY 1992 CITY OF HUTCHINSON FINANCIAL REPORT - 1992 FEBRUARY 19 106,355.20 ENTERPRISE FUNDS SUPPLIES, REPAIR & MAINTENANCE 155.97 330.22 ONUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE 38,600.00 MONTH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 34,076.80 70,028.71 460,000.00 389,971.29 15.2% WINE SALES 8,476.04 16,781.95 135,000.00 118,218.05 12.4% BEER SALES 52,324.84 104,596.14 710,000.00 605,403.86 14.7% BEER DEPOSITS (35.48) (105.09) 0.00 105.09 0.00 MISC. SALES 2,532.01 6,542.89 45,000.00 38,457.11 189,554.20 INTEREST 1,803.52 2,588.86 10,500.00 7,911.14 24.7% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 7,725.32 CASH DISCOUNTS (98.17) (572.89) (1,500.00) (927.11) 455,370.11 TOTAL 99,079.56 199,860.57 1,359,000.00 1,159,139.43 14.7% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 13,826.32 26,392.80 132,748.00 106,355.20 19.9% SUPPLIES, REPAIR & MAINTENANCE 155.97 330.22 3,350.00 3,019.78 9.9% OTHER SERVICES & CHARGES 1,143.40 2,909.02 38,600.00 35,690.98 7.5% MISCELLANEOUS 0.00 305.00 8,800.00 8,495.00 3.5% CAPITAL OUTLAY 0.00 0.00 1,000.00 1,000.00 0.0% TRANSFERS 0.00 0.00 120,000.00 120,000.00 0.0% SALES 53,968.44 159,617.16 1,026,776.00 867,158.84 15.5% WOF R 9,519.32 0.00 4,500.00 4,500.00 0.0% TOTAL 69,094.13 189,554.20 1,335,774.00 1,146,219.80 14.2% REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 0.00 0.00 0.00 0.0% WATER SALES 36,733.20 70,871.38 531,800.00 460,928.62 13.3% WATER METER SALES 820.00 1,090.00 8,000.00 6,910.00 13.6% REFUSE SERVICES 55,838.66 98,300.77 666,000.00 567,699.23 14.8% REFUSE SURCHARGE 4,633.27 8,182.60 0.00 (8,182.60) SEWER SERVICES 112,934.32 233,165.67 1,504,000.00 1,270,834.33 15.5% PENALTY CHARGES 4,458.16 5,232.55 15,000.00 9,767.45 0.0% INTEREST EARNED 9,519.32 9,519.32 160,000.00 150,480.58 5.9% S C O R E 20,646.00 20,646.00 0.00 (20,646.00) REFUNDS & REIMBURSEMENTS 107.00 636.50 3,000.00 2,363.50 0.0% OTHER 7,725.32 7,725.32 2,000.00 (5,725.32) 386.3% TOTAL 253,415.25 455,370.11 2,889,800.00 2,434,429.89 15.8% EXPENSE REPORT - WATER SEWER /FUND SE 65,214.64 130,436.08 774,816.00 644,379.92 16.8% ER 26,976.02 66,575.53 760,750.00 694,174.47 8.8% SEWER 58,876.97 182,993.05 2,014,561.00 1,831,567.95 9.1% TOTAL 151,067.63 380,004.66 3,550,127.00 3,170,122.34 10.7% • MINUTES Parks b Recreation Board January 29, 1992 Members present were Lee Cox; chairman, Virgil Voigt, Linda Martin, John Mlinar and J.P. Auer. Also present were Dolf Moon and Karen McKay. OLD BUSINESS Dry Dock - The doors are open at the new location for the Dry Dock, the facility is smaller, but it should meet the needs of the participants. The United Way will continue to fund $12,500 in 1992, but it may be reduced in 1993. Revenue from participants needs to total $8,000 (vending and admissions). There has been some concern from Wendling Insurance regarding litter. Dolf told the board there hasn't been a problem in the past. Subdivision Ordinance - The council met and reviewed the proposal< It was presented in a clear and concise form; everyone is treated equally using percentages. There are some concerns that the % or formula initially introduced to determine developers cost may be too high. It will be reviewed by city staff and council representatives. NEW BUSINESS 1991 -92 _Annual Reports - The board received a copy of the 1991 -92 Annual Report for • the Parks and Recreation Department. It outlines the 1991 accomplishments for Parks, Recreation, Forestry, Civic Arena, Senior Center and Dry Dock, and the goals for 1992. Park Adoption Procedure - The Council received the recommendation for park adoption from the Planning Commission and the Parks and Recreation Board. There will be further discussion on the subject. The Masons have okayed the recommendation of Mason's West River Park, following the Council's discussion. The board received a list of parks in Hutchinson, the members will be making recommendations regarding which parks should be and which should not be adopted. Crow River Sno-Pros - The Sno Pros have received the approval of the Department of Natural Resources and the appropriate insurances to promote a snowmobile race on the Crow River February 8th and 9th. After brief discussion, Linda Martin made a motion to approve the use of Roberts Park to accommodate the Sno Pros for the weekend snowmobile race. Virgil Voigt seconded the motion, and the board unanimously agreed. Board Items Civic Arena Maintenance - Lee Cox expressed concern about the recent maintenance of the Civic Arena. Among things discussed were the bathrooms, the entrance steps, employee performance and handicapped parking. The concerns will be directed to the Arena Manager. • Volleyball Letter - The board reviewed a letter regarding a team's experience at open volleyball. After a brief discussion, the board recommended sending a letter to the team manager regarding "open volleyball policies ". 11-14p) Minutes Parks & Recreation Board January 29, 1992 Page two BOARD ITEMS CONT. Sanctuary Fence - Virgil Voigt reported to the board that the fence at the sanctuary is leaning. City staff recommended using telephone poles to support the fence. ADJOURNMENT - Linda Martin made a motion to adjourn at 6:40 p.m. Virgil Voigt seconded the motion, and the board agreed. klm n r � LJ • r J • CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT March 13, 1992 Amount 300,000.00 550,000.00 500,000.00 373,500.00 310,758.20 400,000.00 500,000.00 1,150,000.00 800,000.00 300,000.00 650,000.00 127,000.00 $5,961,258.20 17Z-131 Date Date Interest Of Of Institution ------------------------------------------------------------- Description Rate Purchase Maturity Firstate 42- 117168 -5 5.40% 11/14/91 4/16/92 Firstate 42- 120479 -1 5.35% 12/12/91 6/11/92 Firstate 017020942.6 5.35% 12/12/91 7/11/92 TREAS BONDS 644136 7.18% 12/12/91 2/15/2001 TREAS BONDS 644137 7.13% 12/12/91 10/15/98 Firstate 41- 121498 -0 4.30% 12/31/91 4/15/92 Firstate 41- 1214999 -8 4.60% 12/31/91 12/30/92 Firstate 42- 117375 -6 4.50% 1/16/92 4/30/92 Firstate 42- 118337 -5 4.20% 3/12/92 5/14/92 Firstate 42- 120527 -7 4.50% 1/16/92 5/28/92 Firstate 5017019886 5.55% 2/13/92 3/26/92 Firstate 41- 121442 -8 5.35% 2/13/91 4/16/92 Amount 300,000.00 550,000.00 500,000.00 373,500.00 310,758.20 400,000.00 500,000.00 1,150,000.00 800,000.00 300,000.00 650,000.00 127,000.00 $5,961,258.20 17Z-131 I* 0 City of E H O R A N D U H March 20, 1992 TO: Steve Hadson, Chief of Police FROH1 Bonnie Baumetz, License Secretary SUBJECT: RECOMMENDATION OF APPROVAL FOR INTOXICATING LIQUOR LICENSES Please review the following on -sale Intoxicating Liquor Licenses for the year 19921 Gold Coin Victorian Inn The Underground The Coach • - Consumption and Display (Set -up) License Little Crov Bowling Lanes These renewal applications will be acted on at the City Council meeting Tuesday, March 24, 1992. Thank you. Recommend approval for renewal of On -sale Intoxicating liquor licenses and Consumption and Display (set -up) license for the above named establis a ts. Steve H ds nv lice hief Ci tf Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled p1per - Police Department 10 Franklin Street South (612) 587 -2242 • • r 1 LJ PUBLICATION NO. -J-�-2 NOTICE OF HEARING LETTING NO. 2 PROJECT NO. 92 -09 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at St00 P.M. on the 29th day of March, 1992, to consider the making of an improvement of the Alleys East of Main Street from Fifth Avenue S.E. to Sixth Avenue S.W., and East of Grove Street from Fifth Avenue S.W. to Milwaukee Avenue and "Old" Ivy Lane from Sixth Avenue S.E. to Seventh Avenue S.E. by the construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous surfacing and appurtenances. The estimated City Cost of said improvement is $0.00 with an estimated $33,000.00 Assessable Cost, for the total estimated cost of $33,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: March 10th, 1992 City Admin rator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHDMN LEADER ON THURSDAY, MARCH 12TH, 1992. n u MAR 1992 PELZ1VED Engineering OnY or Hutchinson March 24, 1992 City Council City of Hutchinson Hutchinson, Minnesota I'm unable to attend the hearing for aLly improvements between Division Ave. and 5th Ave S W East of Grove St. As an affected property owner on the pro- posed alley improvement, I wish to express my views as follows: I'm for the improvement if the ponds of water behind my property can be drained • away rapidly after after substantial rains and spring snow melts. Because of the ponding of water, it slowly seep into the ground and I have water problems in my basement most of the Spring and Summer months. Also because of the water ponds the alley becomes very soft and muddy. The present drainage system via the ditch over to the depressed curb on Grove Street is very ineffective as.I see it. I'm in favor of hard surfacing the entire alley if the drainage problems can be met. Sincerely ✓' James W Hanson 315 Division Ave Hutchinson, MN 55350 • 5 -A • J n U 2992 PIJBLSC HF'AQSNG�4 / Cj �y of FiutchYnson Let�Yng No. 2 /Project 92 -09 R2 2 ey Smpro vemen is Block 58 / 5th Avenue SE to 6th Avenue SE Bituminous Alley, Concrete Curb and Gutter, and Storm Sever Estimated Cost: $ 9.00 /front foot Typical 66' Lot: $ 594 165.5' Lots $1,490 Old Ivy Lane Concrete Alley Entrance, Narrow alley Estimated Cost: $ 3.50 /front foot Typical 67' Lot: Block 55 / 5th Avenue SW to Division Avenue Bituminous Alley and Storm Sewer Estimated Cost, S14.25 /front foot Typical 66' Lot: 235' Lot: Block 4 / Milwaukee Avenue SW to Divison Avenue Bituminous Alley Estimated Cost: $ 5.00 /front foot Typical 66' Lot: S 235 $ 940 $3,635 $ 330 • WILL DESIGN PROJECT AND GO OUT FOR BIDS IF APPROVED AT PUBLIC HEARING • ASSESSMENT HEARING TO BE HELD AFTER BIDS, PRIOR TO AWARD OF CONTRACT • ACTUAL ASSESSMENTS TO BE CALCULATED FOR ASSESSHENT HEARING • PAYMENT OPTIONS: Full payment without interest by October 1, 1992 Full payment with interest (from October 1st) by November 15, 1992 After November 15, 1992 the assessments are certified to tax rolls Assessment on Tax Roll, 10 years with interest, Equal Principal Deferment available for property owners, meeting income guidelines, who are either over 65 years old or disabled. VV 3I IA FIFTh • 132 132 112 10 I 10 I Z 9 2 Z 9 2 n y N m = e 7 4 7 4 6 5 n 6 5 m I$ 132 e2.5 1 13 : m !2 II 12 g II 12 u 10 1 m sz 325 m o m 1 141 9 2 12 g 2 ,I g 3 r II e 3 les 7 4 • g 10 4 9 5 6 5 0 6 06 13, 132 112 -41 10 1 9 2 SIXTH AVENUE i n 1e " W 8 3 w 15. on 7 4 5 6 (n ° 16 .25 5 4 9 6 ■1125 1 3 10 Ino 2 e 11 :1 10 I e A 192 ari I 12 9 2 a ° 189.75 • 3 7TH AVE. SO. 18 6 n 132 sz 2 2 7 4 Z ° 28 7 ° 2 5 5 29 26 132 sz I i n G AVENUE SOUTHE Z O 10 I i it 10 L 9 2 L 9 w g 3 6 7 4 7 6 5 6 11 12 II 13? e2d 12 1331 15 HV 1 4240 • 14 2 X21 13 3 7 e 31 4 "3 ti* i3� � 3 12 }4.3 8 ti- ll 5 4 10 6 ° 9 a o ' 2015 ° IS25 10 a � SOUTH t' 0% 0 R 1 }- h ,aso • N 66 W • R 0 W 5z.s Rte" J+ K h— W 0: N MILWAUKEE 128.5 10 255 I 9 28 8 3 7 4 6 «as I 5 1 12" MILLER 10 9 WE _— 8 ui W _ � 7 cn F. 6 ui J CD 52.52 I u.s 11 66 W W 0: U) AVENUE W W H �1 1u 1 .2 1 12 "J II 2 Y t 10 cr n 3 3 LL 4 5 t 9 8 132 52.5 5 ; e2 = T > " 6 r 2 A DITI01 10 9 � 3 4 5 L 8 7 6 32 152 AVENUE AVENUE W W H • PUBLICATION NO. NOTICE OF HEARING LETTING NO. 4 PROJECT NO. 92 -07 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 24th day of March, 1992, to consider the making of an improvement of First Avenue N.E. from Hassan Street to Adams Street by the construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk and appurtenances. The estimated City Cost of said improvement is $60,000.00, with an estimated Minnesota State Aid Cost of $40,000.00, and an estimated Assessable Cost of $60,000.00, for the total estimated cost of $160,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: March 10th, 1992 • City Admi tra PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS NEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL, CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUB7TSFM IN THE HUTCHINSON LEADER ON THURSDAY, MARCH 12TH, 1992. • �r • TO WHOM IT MAY CONCERNc PUBLICATION NO. 4154 NOTICE OF HEARING LETTING NO. 6 PROJECT NO. 92 -10 Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8:00 P.H. on the 24th day of March, 1992, to consider the making of an improvement of Century Avenue from Boston Street to Sunset Street by the construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. The estimated City Cost of said improvement is $180,000.00 with an estimated Assessable Cost of $200,000.00, for the total estimated cost of $380,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: March 10th, 1992 Cl mum, Nil PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, HARCH 12TH, 1992. I- L-1 (2-. MEMORANDUM TO: Mayor and Council FROM: Steve Madson, Chief of Police] DATEx March 20, 1992 RE: Out -of -State Training This memorandum will serve as a request for approval for out -of- state training for myself to attend the Federal Law Enforcement Training Center for two different training classes. The first training class would be an advanced physical security training program with a proposed attendance date from May 12 to May 21, 1992. The second training program would be a law enforcement Spanish training program to be held in Artesia, New Mexico from August 10 through August 21, 1992. Realizing the severe budgetary constraints that the city is facing • at this time I would like to propose to the council that if the city would allow me to have the time off to attend these training sessions I would pay the registration and transportation costs to and from each training session. Obviously, the police department is facing more and more problems as a result of the hispanic population increase and I feel it extremely important that I have the capability to communicate in some manner with the hispanic population, especially as it relates to the understanding and investigation of complaints against the police department. The advanced physical security training program would be extremely beneficial for myself because of the continued requests from industry located within the community for ideas and suggestions on how to enhance their internal security programs, as well as the fact that as the city grows the number of buildings that we have within the city complex also have security needs that need to be addressed. I will be in attendance at the council meeting on March 24 if any questions need to be addressed. Also, I have discussed this idea with city administrator Gary Plotz and he has no problem with granting the time to attend these training sessions. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg • 92 -01 -0004 _A • ORDINANCE NO. 92 -55 • AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE WHEREAS, certain parcels of land as more particularly described below abut or adjoin the City of Hutchinson; WHEREAS, the Minnesota Municipal Board pursuant to Minnesota Statutes Chapter 414 has approved the following annexation; WHEREAS, it would be in the public interest to annex and incorporate said lands into the City of Hutchinson; NOW, THEREFORE, the City of Hutchinson does ordain: SECTION 1. That the lands hereafter described shall be, and the same hereby are, annexed to the City of Hutchinson, a Minnesota municipal corporation, located in the County of McLeod and State of Minnesota and from and after passage and publication of this ordinance, said lands shall be annexed to and become a part of and included in the corporate limits of the City of Hutchinson: (1) SW; of NE,. in Sec. 12, Twp. 116N, R. 30W. (2) The West Half of the Southeast Quarter of Section 12, Township 116 North, Range 30 West of the 5th Principal Meridian. Except that part of the Southwest Quarter of said Southeast Quarter, described as follows: Beginning at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence easterly, along the south line of said Southeast Quarter, a distance of 494.87 feet to a point on a line parallel with and 250.00 feet northeasterly of, as measured at a right angle to, the northwesterly extension of the center line of the Hutchinson Municipal Airport runway; thence northwesterly, along said parallel line, a distance of 874.02 feet to the point of intersection of the northeasterly and southeasterly lines of Safety Zone A as per the Hutchinson Municipal Airport Zoning Ordinance; thence southwesterly, along said southeasterly line of Safety Zone A, a distance of 104.77 feet to the • west line of said Southwest Quarter of the Southeast Quarter; thence southerly, along said west line, a distance of 729.57 feet to the point of beginning. J'A' ORDINANCE NO. 92 -55 • PAGE 2 SECTION 2. This Ordinance shall become effective from and after publication. Adopted by the City Council this 24th day of March, 1992. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator First Reading: March 10, 1992 Second Reading: Publication Date: • • • RESOLUTION RELATING TO GENERAL OBLIGATION PARKING IMPROVEMENT REFUNDING BONDS OF 1984; CALLING FOR THE REDEMPTION THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, McLeod County, Minnesota (the "City'), as follows: 1. Recitals. The City has previously issued its General Obligation Parking Improvement Refunding Bonds of 1984 (the 1984 Bonds "), dated, as originally issued, as of May 1, 1984. The 1984 Bonds were originally issued in the amount of $780,000, and are presently outstanding in the amount of $450,000. 2. Redemption of 1984 Bonds. It is hereby determined to call the 1984 Bonds maturing on and after May 1, 1993, for redemption and prepayment on May 1, 1992. The City Finance Director shall cause notice of redemption of the 1984 Bonds in substantially the form attached hereto as Exhibit A to be published and mailed in accordance with the provisions of Section 3.05 of Resolution No. 7712 of the City Council, adopted April 24, 1984. • Attest: r 1 U Dated: March 24, 1992. City Administrator Mayor awl • EXHIBIT A NOTICE OF REDEMPTION General Obligation Parking Improvement Refunding Bonds of 1984, dated as of May 1, 1984 City of Hutchinson, Minnesota NOTICE IS HEREBY GIVEN THAT, the bonds of the above issue which mature on May 1 in the years 1993 through 1997 are called for redemption and prepayment on May 1, 1992. The CUSIP Numbers, the Interest Rates and the Maturity Dates of the bonds to be redeemed are listed below: Due May 1, 1993,8.40%, CUSII' #448276 QL2 Due May 1, 1994, 8.60 %, CUSIP #448276 QP3 Due May 1, 1995,8.90%, CUSIP #448276 QS7 Due May 1, 1996, 9.10 %, CUSIP #448276 QU2 Due May 1, 1997,9.25%, CUSIP #448276 QW8 • In order to receive payment of the redemption price, which is the principal amount thereof plus accrued interest, bondholders must present their bonds to the Paying Agent as follows: If by mail: First Trust National Association First Trust Center Coupon Collections Department P.O. Box 64111 St. Paul, MN 55164-0111 If by hand: First Bank Minneapolis Convenience Banking 120 South 6th Street Minneapolis, Minnesota 55402 or • A -1 First Bank St. Paul • Convenience Banking 332 Minnesota Street St. Paul, Minnesota 55101 Interest on the bonds will cease to accrue on and after May 1, 1992. Bondholders presenting their bonds for payment must include their Taxpayer Identification Number on Form W -9 to avoid withholding under the Interest and Dividend Tax Compliance Act. Additional information may be obtained from Ehlers and Associates, Inc., 2950 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota 55402, Telephone No. (612) 339 -8291; or First Trust N.A., Bondholder Relations, (612) 223- 7900. BY ORDER OF THE CITY COUNCIL /s/ Gary D. Plotz City Administrator A -2 • • Mn/DOT TP- 08058 -03 (2/91) • Minnesota Departrent of Transportation Office of Aeronaut Ica 395 John Ireland Boulevard Rocs 417, Transportation Building St. Paul, MI 55155 Phone: (612)296.8202 • AIP 3 -27. 0042 -01 CITY OF HUTCHINSON (Sponsor) (County) RESOLUTION APPOINTING AND DESIGNATING THE COMMISSIONER OF TRANSPORTATION AS AGENT OF THE CITY OF HUTCHINSON HEREAFTER IDENTIFIED AS THE SPONSOR. BE IT RESOLVED THAT: For the purpose of carrying out the following project AIP 3- 27- 0042 -01 for airport expansion and irtproyements. the sponsor does hereby appoint and designate the Commissioner of Transportation of the State of Minnesota as its agent and authorizes hire or his duly authorized representative: 1. To request and receive any moneys, either public or private, on behalf of the Sponsor, including money received from the State of Minnesota or from the federal government and to deposit such moneys with the State Treasurer. 2. To pay to the sponsor any amwnt of such moneys received as way become due under the Sponsor's contracts. 3. To make reasonable arrangements for the development of plans for said airport. 4. To engage in all negotiations and discussions with the Administrator of the Federal Aviation Administration. 5. To be involved in dealings concerning the acquisition of the airport site. 6. To prepare and submit the Project Request. 7. To prepare and submit the Project Application. a. To execute Sponsor's Assurance Agreements and the assurances required by Title 49 C.F.R., DOT, Subtitle A, DST, Part 21 and Title VI of the Civil Rights Act of 1964. The Sponsor has reviewed and understands the Assurances, Part V of the Project Application, the Relocation and Real Property Acquisition Assurances, and the Standard DOT Title VI Assurances. The Sponsor understands the requirements of the Single Audit Act of 1984 and OMB Circular A-128, -Audits of State and Local Governments,- and shall have an audit in accordance with Circular A -128. This motion was made by Ayes , Rays Date: , motion carried. Signed: Title: and socorded by and the foil owing vote taken: 7 - of the Mmicipality of do hereby certify that the foregoing resolution is a true and (Seal) exact copy as duty passed by of the of and recorded In the minutes of the meeting held on the day of , 19_, and that a council quorum was present. Signature: The Commissioner of Transportation hereby accepts this appointment to act as agent for the as herein provided, subject to the limitations and conditions provided by the laws of this state. (Seal) Date: Signature: • Director Office of Aeronautics • I* C M E M O R A N D U M DATE: March 24, 1992 TO: Mayor & City Council FROM: plater Bitting Department SUBJECT: Delinouent water & sewer accounts for the month of Mar Attached is a listing of the delinquent water and sewer accounts for the month of Mar. Recommend service be discontinued on Monday, Mar 30th, 1992 at Noon. 1- 680 - 0016 -072 Pizza Garden c/o Gene Doherty PO Box 361 Hutchinson MN 55350 16 Jefferson St S 442.25 Promises $200- 3/31/,242.25 -4/7, 1- 680 - 0206 -071 Elliotts Eatery 206 Main St N Hutchinson MN 55350 206 Main St N 374.12 1- 685- 0556 -082 Judy Kopesky Box 606 Hutchinson MN 55350 556 Main St S 233.74 1- 685 - 0725 -041 Pearl Westlund 725 Main St S Hutchinson MN 55350 725 Main St S 11.49 City Hall 37 Washington Avenue West (612) 587 -5151 Parks 6 Recreation 900 Harrington Street (612) 587 -2975 1- 685- 0817 -034 David Hickle 817 Main St S Hutchinson MN 55350 817 Main St S 138.58 2- 310 - 0814 -072 James Zoretic 8318 White Oak Rd Munster In 46321 814 Church St 204.29 cc: James Chalupsky 814 Church St Hutchinson MN 55350 Hutchinson, Minnesota 55350 - (Tinted on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 F-714' 1- 035 - 0106 -181 Edward D Jones 106 Second Av SW Hutchinson MN 55350 106 Second Av SW 21.75 cc: Everett Hantge 955 Second Av SW Hutchinson MN 55350 1- 090 - 0146 -042 Walter Green 146 Fifth Av SW Hutchinson MN 55350 146 Fifth Av SW 131.95 1- 270 - 0835 -023 Gary J Miller 835 Brown St Hutchinson MN 55350 835 Brown St 210.49 1- 395- 0645 -022 Andrew Ross 645 Franklin St S Hutchinson MN 55350 645 Franklin St S 135.52 1- 455 - 0316 -071 Gary Piehl 316 Grove St S Hutchinson MN 55350 316 Grove St S 121.24 Promises 4/10/92 1- 455 - 0596 -085 Tom Clouse 596 Grove St S Hutchinson MN 55350 596 Grove St S 164.08 Promises 3/27/92 1- 455 - 0732 -031 1- 290 - 0216 -073 Kenneth Albrecht Linda Skorseth 732 Grove St S 216 Cedar Av Hutchinson MN 55350 • Hutchinson MN 55350 732 Grove St S 216 Cedar Av 96.25 103.39 Promises 4/2/92 Promises 4/9/92 1- 480 - 0993 -063 1- 360 - 0215 -034 Marc Hanson Darol Wylie 993 Hassan St S 215 Division Av Hutchinson MN 55350 Hutchinson MN 55350 993 Hassan St S 215 Division Av 99.82 135.52 cc: Dale Ewald Hwy 15 N 1- 395- 0505 -015 Brownton MN 55350 Barbara Heller 505 Franklin St S 1- 570 - 0016 -004 Hutchinson MN 55350 Sam Poshek 505 Franklin St S 16 Jefferson St S 94.71 Hutchinson MN 55350 16 Jefferson St S 1- 395 - 0565 -086 121.04 Judy Kopesky Box 606 1- 570 - 0546 -097 Hutchinson MN 55350 Penny Lieder 565 Franklin St 173.51 546 Jefferson St S Hutchinson MN 55350 546 Jefferson St S 29.45 00 Ehlers and Associates, Inc. LEADERS IN PUBLIC FINANCE March 24, 1992 Mayor and City Council Hutchinson, MN 55350 RE: 1992 Spring Financing This spring's offering of General Obligation Bonds will Include the following: 1. $485,000 General Obligation Tax Increment Bonds for Phase 11 Downtown Redevelopment. 2. $120,000 General Obligation Tax Increment Bonds for the Farmers Elevator Project. • 3. $325,000 General Obligation Refunding Recreation Building Bonds. Interest rates range from 8.7% In 1994 to 9.9% In 2001 and 2002. Anticipated new rates are estimated to range from 4.5% in 1994 to 6.2% In 2003 for a projected Interest savings of over 40% or approximately $60,000. • 4. $1,200,000 General obligation Refunding Improvement Bonds of 1983, 1984 and 1985. Interest rates on the 1983 and •1984 bonds range from 8.3% to 8.9 %; however, have only 2 and 3 years respectively and the 1985 Issue has only 4 years remaining. Interest rates on the 1983 and 1984 issues are expected to be cut In half and for the 1985 Issue, interest rates will be cut by 3 %. The tax Increment issues (1 and 2) will be combined into one Issue, thus saving costs on both Issues. There are two resolutions necessary, the first is the " Resolution Relating to Development District No. 4" and the second is the "Resolution Providing for the Sale of the Bonds ". The refunding bonds identified in Item No. 3 and No. 4 should result In a substantial reduction In the interest component of debt service payments and therefore, a reduction of tax levies. Since the Improvement bonds have only a short term remaining and are very sensitive to Interest rate fluctuations, we may have to pull the Issue from this offering prior to the sale if interest rates rise; however, we will be selling the City's 1992 Improvement Bonds later, so it could be combined with that Issue. OFFICES IN MINNEAPOLIS, MN a WAUKESHA, WI • JAMESTOWN, NO 2950 Norwest Center" 90 South Seventh Street • Minneapolis, MN 55402 -4100 •612339 -8291 • FAX 612339 -0854 / l .City of Hutchinson March 24, 1992 2 195 Spring Financing Page 2 We have reviewed the Hospital financing for refunding and at this time, only the short-term Lease Notes are a possibility. We have been attempting to work -out an Interest rate change only on the Lease. A recommendation will be forthcoming pending negotiations. Overview The City will be issuing new funds represented by items No. 1 and 2 In the amount of $485,000. Simultaneously with the sale of new debt, the City will be calling $450,000 Parking Improvement Bonds. Thus this offering will result in only a small increase In g.o. debt and at the same time the refinancings are decreasing the tax burdens. The City once again has shown great wisdom In planning Its long -term debt structure. It is a pleasure to be the Financial Advisor to Hutchinson. Very truly yours, EHLERS AND ASSOCIATES, INC. William E. Fahey Chief Executive Officer WEF:nel • • U • 40 03/19/92 15 :54 o f ff ATeaoa Amw TO '=w TO 10029 Mw 41e -0400 aoo 00� ♦w1 ' R. W. W&UMMOTOR, A. a me" (saw 8e7-OT00 0 UTUJ'.a 0A fToa)T c®of 100T T iRCLaRD wMycs -* roa 90, I0i Tf OROOT T�000 T� /. Tfi� 00- 1- /{•n0.OhN .e, A3w os &DK 7 naa asaeelra, amaeeR •m•u FAI 6123402644 DORSEY WHIM Dogs -Zx & WsITNr:Y 4800 FIRST DAHY P"CE EAST mxImEI,PCLIs, IInPNESOTJ 53402-L498 (am .140 -se0o TrLxx 20- 0005 LE (61V 04dt1Taw Ms. Marilyn Swanson City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Dear Marilyn: JEROM p�/T� P, PAT ICAN W= March 19,1992 C =l ♦T"", f. R,■U x -u RooQYLt�.1ORltlHOL T.TROC 4o »TAtl•0100 1]m 1(plT NT96(s 15 GERTBY ' LORLIU OB1W ^ • (40CD wkK101A = o TmwW OOLLD&o 0Yi►T 7.NA,7TCRa k f0a0i Y001 Tn -7�0• u» 1a/T ,faor T"x" )gea00La,Aaf[u(a IPM (. TTU -eoe. Enclosed for the March 24th City Council meeting is a resolution calling for the sale of the TIF Bonds and a resolution approving the use of tax increment for the Farmers Elevator project. The resolutions contain various blanks which will need to be completed by Bill Fahey. If you have any questions, please give me a call. JPG:cmn Enclosures oc William Fahey G. Barry Anderson @002 VU/LOI JY ♦U.UI 1'!16 Ur LUYULUYY UUI1i)�l 110 1 1 11 6 1 Ij�UU� CERTIFICATION OF NIIIVj TES RELATING TO • $ GENERAL OBLIGATION TAX INCR24Ef J.T BONDS, SERIFS 1992 Issuer: City of Hutchinson, Minnesota Governing body: City Council Kind, date, time and place of meeting. A regular meeting held on March 24, 1992, at 7:30 o'clock, p-m., at the Citv HaR Members present: Members absent: Documents attached Minutes of said meeting (pages): I through II RESOLUTION RELATING TO $ GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1992, AUTHORIMG THE L4SUANCE AND CALLING FOR THE PUBLIC SALE THEREOF • I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations, and that the meeting was duly held by the governing body at the time and place and was attended throughout by e indicated above, pursuant to call and notice of such meeting given as required by th member law. W177'F,SS my hand officially as such recording officer and the seal of the Cl ty this day of _ 1992. (SEAL) Gary D. Plotz City Administrator 9- 03/19/92 16:01 FAI 6123402644 DORS$Y WHIM 9004 • Member • and moved its adoption: introduced the following resolution RESOLUTION REL.A71NG TO $ GENERAL OBLIGATION TAX INCREMENT BONDS, SfiRIES 1992; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: 1. Authorization. Pursuant to the provisions of Minnesota Statutes, Section 469.178 and Chapter 475, the City Council of the City does hereby authorize the issuance and sale of its General Obligation Tax Increment Bonds, Series 1992 (the Bonds) in the principal amount of $ . induding every item of cost of the kinds authorized by Minnesota Statutes, Section 475.56, for the purpose of providing funds for the payment of the public redevelopment costs to be paid or incurred by the City in connection with the Development Program for Development District No. 4 in the Gty. $ of the principal amount of the Bonds represents interest as provided in Minnesota Statutes, Section 475.56. It is hereby determined that the City shall receive and open sealed bids for the purchase of the Bonds at the office of the City Administrator on 1992, at 4:00 o'clock p.m., and this Council shall meet at 7:30 o'clock p.m. that same date to consider the bids and award the sale. . 2. Sale. The City Administrator is hereby authorized and directed to cause notice of the time, place and purpose of said sale to be published at least ter► days in advance of the bid opening in a legal newspaper having general circulation in the City, and in a periodical published in Minneapolis, Minnesota, giving financial news and of general circulation throughout the State of Minnesota, which notice shall be in substantially the following form: 03/19/92 16;04 FAX 6123402644 DORM IMITE @005 NOTICE OF BOND SALE • $ GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1992 CITY OF HUTCH NSON, MINNESOTA NOTICE 15 HEREBY GIVEN that the City of Hutchinson, Minnesota, will receive sealed bids for the purchase of $ General Obligation Tax Increment Bonds, Series 1992, of the City (the Bonds), at the office of the City Administrator until 4:00 p.m. on Tuesday, - -_ 1992, at which time the bids will be opened and tabulated. The City Council will meet in the City Hall at 730 P.M. that same date to consider the bids and award the sale of the Bonds. The Bonds will be issuable as fully registered bonds of single maturities, in denominations of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of 1, 1992, and will mature on February 1 in the following years and amounts: Yea Amount is The Bonds will be issued only in fully registered form and when issued, will be registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, which will act as securities depository for the Bonds. Interest will be payable on each 1 and 1 commencing 1, 1992. Bonds having stated maturities in 1999 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in inverse order of maturities; and in $5,000 principal amounts selected by lot within a maturity, on 1, and on any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. - Copies of a statement of Terms and n f_J -2- 03/19/92 16;06 FAd 6123402644 DORS97 WHIM X006 • Conditions of Sale and additfonai information may be obtained from the undersigned or from $filers and Associates, Inc,, 2950 Norwest Center, 90 South 7dt to the City, Street, Minneapolis, Minnesota 55402; telephone 612-339-8291, finanaal consultants Dated: March 24,1992. • • -3- BY ORDER OF THE CTTY COUNCIL Cary D. Plotz City Administrator City of Hutchinson, Minnesota 03/19/92 16 :12 FAX 6123402644 DOR,SRY WHITEY 9007 3• Ondition of ale. The following statement of Terms • and Conditions of Sale shall constitute the terms and conditions for the We and issuance of the Bonds and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the bonds: A • -4- 0 • �J 03/19/92 16:15 FAX 6123402644 DORS11Y HIM TERMS AND CONDITIONS OF SALE $ GENERAL OBLICATION TAX INCREMP,NT BONDS, SERIES 1992 CITY OF HLTTCHiNSON, MD ESOTA Sealed bids for the purchase of $ General Obligation Tax Increment Bonds, Series 1992 (the Bonds) of the Qty of Hutchinson, Minnesota (the City) will be received at the office of the City Administrator until 4:00 p.m., on Tuesday, 1992, at which tame they will be opened, read and tabulated. The City Council will meet in the City Hall at 7:30 pm. on the same date to consider the bids and award the sale of the Bonds. This is a statement of the terms and conditions upon which the bids for the purchase of the Bonds wiU be received, the sale thereof awarded and the Bonds issued. PURPOSE The Bands will be issued for the purpose of finandng the costs to be paid or incurred by the City in connection with a development program being undertaken by the City, in accordance with the provisions of Minnesota Statutes, Section 469.178 and Chapter 475. TYPE, DWOM7NATI0N, MATURITIES AND REDEMPTION The Bonds will be dated, as originally issued, as of 1, 1992, will be issued as negotiable investment securities in registered form as to both principal and interest and will be issued in denominations of $5,000 or any integral multiple thereof, of single maturities, The Bonds will mature on the following years and amounts: 1 in Year -5- Amount 9008 03/19/92 16:19 FAX 6123402644 DORSEY WHI`I4d6Y 9009 The Bonds having stated maturity dates in and later years shall each be subject to redemption and prepayment, at the option of the City in whole or in part, and if in part, in inverse order of maturities and in $5,000 principal amounts selected by lot within a maturity, on 1, _ , and on any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. Notice of redemption shall be mailed at least 30 days before the date of redemption to the registered owner of each Bond to be redeemed at the address shown in the bond register, BOOK ENTRY FORMAT The Bonds will be registered in the time of Cede & Co,, as nominee. for The Depository Trust Company ( °DTO'), New York, New York DTC will act as securities depository for the Bonds, and will be responsible for maintaining a book -entry system for recording thesttterests of its participants and the transfers of Interests between its participants. The participants will be responsible for maintaining records regarding the beneficial interests of the individual purchasers of the Bonds. So long as Cede & Co. is the registered owner of the Bonds, all payments of principal and interest will be made to the depository which, in turn, will be obligated to remit such payments to its participants for subsequent disbursement to the beneficial owners of the Bonds. INTEREST PAYMENT DATES AND RATES Interest will be payable each 1 and 1, commencing 1, 1992, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month Interest on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30 day months, and will be rounded pursuant to the noes of the Municipal Securities Rulemaldrtg Board. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate speed for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 5 /I00 or 1/8 of 1%. DELIVERY Within 40 days after the sale, the Bonds will be delivered without cost to the original purchaser at DTC. On the day of closing, the City will furnish to the Purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. payment for the Bonds must be received by the City at its designated deposltory on the date of closing in immediately available funds. 0 0 is 0 03/19/92 16:22 FAX 6123402644 DORM WHITE X010 LEGAL OPINION An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and Will be printed on the Bonds. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their ternu,.except to the extent to which enforceability may be limited by state or United States taws relating to bankruptcy, reorganization, moratorium or creditors' rights. QUALIFIED TAX- EXRvIPT OBLIGATIONS The Bonds will be designated by the City as "Qualified Tax - Exempt Obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. TYPE OF BID AND AWARD Sealed bids for the Bonds in an amount not less than $ and • accrued interest on the principal sum of $ must be mailed or delivered to Ehlers and Associates, Inc. at its office in Minneapolis, Minnesota and must be received prior to the time established above for the opening of bids. Each bid must be unconditional. Bids shall be accompanied by a good faith deposit ( "Good Faith Deposit') in the form of a certified or cashiers check, bank draft or a wire transfer of funds to Resource Bank & Trust Company, ABA k09 -19- 0550 -6 for further credit to Ehlers and Associates, Inc. Bond Issue Escrow Account It850 -788-1, Attention: Molly Majerle, or a Financial Surety Bond in the amount of $14,400. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preappproved by the City. Such Financial Surety Bond must be submitted to Ehlers and Associates, Inc. prior to the opening of the bids and must identify each bidder whose Good Faith Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder using a Financial Surety Bond, then that original purchaser is required to submit its Good Faith Deposit in the fo of a certified or cashiers check, bank draft or wire transfer as instructed by Ehlers and rm Associates, Inc not later than 3:00 P.M. Central Time on the next business day following the award. If such Good Faith Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy such Good Faith Deposit requirement and such amount will be deducted from the purchase price at the closing and no interest will accrue to the original purchaser, 'The Good Faith •Deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. Except as provided above when the Good Faith -7- 03/19/92 16:26 FAX 6123402644 DORSEY WHIM @oil 7 Deposit has been drawn by the City under the Financial Surety Bond, the Good Faith Deposit will be returned to the purchaser at the closing for the Bonds. The bid authorizing the lowest net interest cost (total interest on all Bonds from 1, 1992 to their stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $ plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informalities in any bid, and to adjourn the sate CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchases, if the purchaser waives any delay in delivery occasioned thereby. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement as required by Rule L5c!2-12 of the • Securities and Exchange Commission, The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. No more than seven business days after the date of the sale, it shall provide without cost to the successful bidder 75 copies of the Official Statement and the addendum or addenda described above. If the sale of the Bonds is awarded to a syndicate, the City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing . copies of the Final Official Statement to each participating underwriter. Any underwriter executing and delivering a bid form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation; (ii) it shall enter into a contractual relationship with all participating underwriters of the Bonds for purposes of assuring the receipt by each such participating underwriter of the Final Official Statement; and (iii) it shall provide .the City within two days after the date of sale, all necessary pricing information and underwriter identification needed to complete the Final Official Statement, Information for bidders and bidding forms may be obtained from the undersigned or from Ehlers and Associates, Inc., 2950 Norwest Center, 90 South 7th • L 03/19/92 16;29 FAQ 6123402644 DORSITY WHITO �J012 Street, Minneapolis, Minnesota 5-%N, telephone: 6I2- 339 -8291, Financial Consultants to the City. Dated: March 24, 1992. BY ORDER OF TFM CITY COUNCIL Gary D. Flotz City Administrator City of Hutchinson, Minnesota 0 0 0 0 0 n �.J 03/19/92 16;33 FAX 6123402644 DORSBY ABITN9Y 4. Official Statement The City Administrator and other officers of the City, in cooperation with Ehlers and Associates, Inc, financial consultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable and necessary to describe accurately the City and the security for, and terms and conditions of, the Bonds. The City Administrator is authorized on behalf of the City to deem the Official Statement near "final" as of its date, in accordance with Rule 15c2- 12(b)(1) under the Securities Exchange Act of 1934. Attest; City Clerk -10- Mayor It► LI 0 0 • n f_ J 03/19/92 16:37 PAI 6123402644 DORSRY WBITNRY The motion for the adoption of the foregoing resolution was duly seconded by Member following voted in favor thereof: and the following voted against the same: and upon vote being taken thereon, the whereupon said resolution was declared passed and adopted and presented to and approved by the Mayor, whose signature was attested by the City Administrator. -11- 9014 03/19/92 16:40 FAX 6123402644 DOR89Y WHITNEY @015 CERTIFICATE OF CITY ADMINISTRATOR 0 STATE OF MINNESOTA ) COUNTY OF MCLEOD ) ss. CITY OF HUTCFHNSON ) I, the undersigned, being the duly qualified City Administrator of the City of Hutchinson, Minnesota, hereby attest and certify that 1. As such officer, I have the legal custody of the original record from Which the attached resolution was transcribed. 2 I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 4; • AUTHORIZING THE USE OF TAX INCREMENT ASSISTANCE FOR FARMERS ELEVATOR ASSOCIATION 4. Said resolution remains in full force and effect in the form in which adopted and has not been amended or repealed. 5. I further certify that the affirmative vote on said resolution was ayes, a nayes, and _ absent /abstention. 6. Said resolution was adopted at a regular meeting which was duly held, pursuant to cal.1 and notice thereof, as required.by law on March 24, 1992, and a quorum was present at such meeting. WITNESS my hand officially as such Administrator and the seal of said City, this _day of 1992. (Seal) Gary D. Plotz City Administrator • 0 • • 03/19/92 16:44 FAI 6123402644 J� • J moved its adoption: DORSRY NR[iTIgY introducer) the following resolution and RESOLUTION NO. J W 0 RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 4; AUTHORMNG THE USE OF TAX INCREMENT ASSISTANCE FOR FARMERS ELEVATOR ASSOCIATION BE rr RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City") as follows: 1. Redtals. This Council acting under and pursuant to Minnesota Statutes, Sections 469.124 to 469. 134, hss previously established Development District No. 4 in the City (the "Development District"), and approved a Development Program and amendments thereto (as so amended, the "Program ") for the Development District The City has established a tax increment financing district (the "Original Tax Increment District"), which includes substantially all of the original area In the Development District Farmers Elevator Association (the "Association ") is proposing the constructrion of a new feed mill on property located in the Development District and the Original Tax Increment District which is owned by the Association and has requested that the City use tax increment from the Original Tax increment District to pay or reimburse the Association for certain costs related to the construction of the new feed mill- 2 ARRrovgL5 The construction of the feed mill by the Association is consistent with the objectives of the Program and the City hereby approves the use of tax increment revenue to be derived from the Original Tax Increment District to pay or reimburse the Association for the payment of up to $ 74 g� of the costs of constructing the feed milt. The issuance by the City of bonds pursuant to Minnesota Statutes, Section 469.178 to finance such costs is hereby authorized. The City Attorney, is hereby authorized and directed to prepare a Development Agreement between the City and the Association which provides for the construction of the feed mill by the Association and setting forth the procedures for the payment or reimbursement from tax increment by the City of the costs of the feed mill approved hereby. Passed by the Council this 24th day of March, 1992. City Administrator 59M ME,% VA 03/19/92 16;47 FAI 6123402644 DORSITY WHITNEY 0017 0 The motion for the adoption of the foregoing resolution was duly following voted in favor thereof: and the following voted against the same: and upon vote being taken thereon, the whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, whose signature was attested by the City Administrator. P 0 • • C M E M 0 DATE: March 19, 1992 TO: Gary D. Plotz, City Administrator FROM: James G. Marka, Building Official, RE: McDonald's Lakeview Terrace Manufactured Home Park - Storm Shelter Attached is a copy of a letter from Ms. Loretta McDonald & Mr. Darrel McDonald, requesting assurance that the City Council will continue to approve their storm shelter for the park after improvements to the foundation and home are completed. The concern is raised in response to the Design Standards for New and Dual Purpose Storm Shelter Construction. As outlined in the attached memo dated May 16, 1988 from the State Building Inspector's Office, items such as professional design and the pre -cast ceiling, etc., will not be provided. However, the foundation reconstruction will be a dramatic improvement over the previously approved site. In my discussions with the State Department of Health and the Building Codes Division, I have confirmed that approval of this request requires only City approval. I have discussed this matter with City Administration, including Police Chief Madson and I believe the consensus is to approve the proposal as outlined by the McDonald's request. JGM /pv CC: Marilyn (For Council Packet ),Z Steve Hadson, Chief of Police City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hiitchinson, Minnesota 55350 - Prm Md nn n.C.Clyd rnrr• - Police Department 10 Franklin Street South (612) 587 -2242 9 -F City of Hutchinson 37 Washington Ave. W. City Council Hutchinson, MN. 55350 3 -13 -92 Gentlemen. Darrel McDonald Loretta McDonald P.O. Box 580 1530 McDonald Dr. Hutchinson, Mn. 55350 We live at 1530 McDonald Dr., at the present time our basement is approved by the City of Hutchinson as a designated storm shelter for McDonald's Lakeview Terrace Mobile Home Park. We are intending to improve and enlarge the existing basement, and want to verify that it will continue to be approved as a storm shelter, in the event • that the State of Minnesota will require one. The new basement will be constructed of 12" block, with reenforcenent every 3 feet, and the house will be bolted to the foundation. The basement has a handicapped entrance and is adequate in size for the number of tenants in the Park. We will be awaiting your reply. G manager CC: Jim Marka • yF. • • WILDING C.ODSS AND STANDARDS DIVISION L- L • STATE OF MINNESOTA DEPARTMENT Of ADMINISTRATION SAINT PAUL DATE: May 16, 1988 408 YSTRO SGUARS 7rN AND ROSSRT Sri. ST. PAUL WIN MIOI Flwn 612/29&MV TO: Municipal Building Officials FROM: Richard A. Brooks, Direct j5r►p��(JJJ�^^�'/"'•�� State Building Inspector SUBJECT: Adoption of Rules for the Construction of Manufactured Home Park Storm Shelters Pursuant to Minnesota Laws, 1987, Chapter 195, the Commissioner of Administration was required to adopt rules for minimum standards for the construction of low cost manufactured home park storm shelters. All shelters constructed after March 1, 1988, shall be constructed in accordance with these standards. Chapter 195 amended Minnesota Statutes 327.20 Subdivision 1, regulating manufactured home parks as administered by the Minnesota Department of Health. It is printed on the reverse side of this letter. A copy of the rules amending the Minnesota State Building Code are also attached to this notice. RAB:RIH:p attachment AN EQUAL OPPORTUNITY EMPLOYER 9 -F CHArrn I/LNJAL w Aar win.. past of l aaaap 1 r PA o.a.s r an.. * .+anm Adr A. w.r.0 .........abt: w4a►1r . }aaaar) M. awradap Y.aarfr S....w tan any 321.$ a.adw.r 4 maw w aM 6 .. N u wuaea Lana dr.. !2) R IT CURED lY 771E LIMMATUID D► THE STATE OE MMEIOfA Semm 1. 1(Tmew. moan ISL soma. 327X.id.4 1, a alntn6d r nail Subdniuoe I- ■ULM No dne m muuh or bas pm of taap a of aanufanumd borne part a ter MMW arpinl Oren Ina be aaoaed r rm r trfc a ooemn airy mantas ^Via the bmm d a womfaannd borne part a nam"w empuf art, End mueAnund bore pan a reasnros al cw"nl sea liaeued ado Me pmtoans of )27.10. 127.11. 327.14 In 327.22 Val4 among otba nap, pmeide for Ve WIDMq is the mach haeiulla tpmhrd: (1) A rewp ble onendm or mmuha dun be in else d retry maufa. mmd bona park a onmalmal eMVrN area a tl tea, -M eLl asmmn W part a w. and iu fsibl.m ad egwpment in a dm ordm4y and w tW Cbbd +r In any manufutss bra prl eonuinia{ etorr thn 30 Ina. the armdan4 wn'bsr. or oha Mooftuble pat anpbrie. sha be readily aeaila- bb a an Timn in sow of eeairwy, (2) AO mmuf cured beer parks VaE be wd droned Ord bt bawd on Ow The dmkmp of Ibe park ara N w eb& W ae7 our rppt) No .rev "W from wn.fmwed bomna reaeWmal ampy.tbirlm dap be depm iwd m the wdL of the prouad All swap and other .um cLmed .ma shaa be daeW rled into a manual so.aa tyel® .Anna a.ailaN. WbL-n a mutrmpl snye sYSem a es mndaW a soap d sped syrrem acsepubw r Orr auto mmmww or ha" and be pro.ided (J) No mat.futared home real br Iotated eloaer thm thra far r tht rde IN hnm d a manufa .rd bar part d the abw g propeay a mprvrad PrOPMY. a dour that wa fan to a P bIw mraa a ant)- Ead md.,W" arlt share obur a ba On a dnw.ay or dw .nngcupwd ran of m Ina that Id Arm m .imh..iid spa rta0 Mw ambwucu4 acaa n i puN.r kola" a nary Then rKan b. an open ran of m lam at, fen teams Ve ode of Wyccai manulaawed home edad.q U., soudmenm and a Lm thm bee bn.sta monufwU d boron ahe parkO red r end rw spa bcl marwfanumd hones may be red 6 rbr phbq of nsa wbdn aM abrr prapertY. if da whcle m ot►a pupny a prtd m hat a fan boa Iba n adluem maedaaarad how paN rm repaw.aa of tW per► aaph " m apprY b Rat,trmal et,pma arm W rrar.m try be Qnnud Or Ve nw m^mrurom Of ben► m radaaand bmw parts .bm dr nrsa¢ . applad for m wmuml and u the opom of Me asomuwm m nrvaa tin sop cb"W w bmw rbry ad adram or modamand boar Put aa-Pann (4) An adcpaaw supply of user of do rrls7 q, ) "be fwwWW A e b maardusred borne park a rmemmol ompy w TM rest d Ibe esor app) aLa lA be approved h ON ire dept Of heah► Al Ie11 sow sonar apply wom da a peoaidd a oc,s a booea urey tat at rodacertd boor part a nnt,YpN ernp" as 131 AN pMmbwo 40 be In AM a acmedmo soft tti rdm of the aaa oorrnwwer or belt and W pwmoaa of me Mianaaa prrbfy tads. (d) to ow ane of a rasa .'row hme pub .42 Im " L ! aamg b2mg a plan hr at mdrmq a m rfe eeaaata a a rb paw or abala of Me rmdem of the prl a mm of ae.ae .el►v eaNtioaa, ad a rraWeu, W* .inch and Ion& TM aldla a pim thY M dewbped .iV the aaeuna an0 apprwd d Iht mnripGq no Ile put s Imud toad uba0 he poamd m wmpimta bolas &VnEh a Yc put Nohm r this parapapb eq w the depm— d loll b raja. a apppw am data a terra lm pba dewlsped by a pet Faam of a somripFy r apprmw a plc nbmllud by a psk dal W be pvuab da wim OPUS IL part by da depanmea of beat f Ve purl ba ml& a pad fain talon a dt.rlop do plan and obuu ma Kgw'o+aL [Tj A i;mn-Na bm ad ."rte ME g pm a .fanured h2m L lE9 2cm 19 MfrA L 195 trop l e1 WM g lbeew 3? 2LA �y $ 1 Lla3 (tr llY l 9i f2E pd is ^!hIB l m>m b4 dJrlin3 $ r� f� (2 9S $ @� 6Ld?1 r l.� if IS= .lM,1 in ornabo�e a_ad hyp fiag j_)e Its 21 rn 1" !+-- L^ffi $ apD.owd $ IhS maainplia $ HAIR L L TIM munic;oabh ^!!2 mm Al 2!j p a2 }r l l9ft if !j trmi ft l 133 e�!A>Z<nclln It nit fy,114 '^hu l •� diJ.^SI fM N 2EL A IMM V M unity ORDER nl 09 IN L EW 19 Fpbma tt4 11 LAS 011 P-W ffi e!e dgmmn,,j ff bank • m A twal►ct. ad 1®p Old le a ■ mm elm 1pma O{iL�ll l ®ola 91au lOQ!!l� L 1L41. m I�Ji lY DS !: YaDe Sla 1 p27MR SHZLf0 CVlSTlI MOK JITANDARDIL 12s !f 1dmmmum 99 mks E miL otin ! vft Atib Im as coomomtm if in mSm bm ma amm lhg!fl k2 ham L 1ffi. AN *akm �nwclvd to MmM L lHL " Is �,Vml a lsior&= 291 go ! UL 1 E[ASUREL f Sf77Dl. ni ewnmimio.a L41 d2n c lP I RStr 12 21 *avw D d aem Lbeftm El 11 am mOp aaan je apps. ir♦.�.f v{ '•^' m�ky-f�unih h�91 !^� 14L vftd as 816 12 At " $h" 91. Sec 4. E.TFLCTTlt DATL Sm— l a cffm Mirth L J.M Appno. Ma) 21. 1"? 9 -F • • Department of Administration Adopted Permanent Rules Relating to Manufactured Home Park Storm Shelter Design The rules proposed and puNishtd w .tare Regisrrr, Yulume 12. Numbur 241, pages 1030.1034. Kwemhrr 16. 19117 (12 S.R. MY)) arc adtpted am pn*mcd. 1370.0100 PURPOSG The purpose of parts 1370.0100 io 1370.0230 b a provide minimum sta lards of design and construction of buildings to provide protection for manufacdaed bane part occupants foam sornadoes and extreme winds. 1370.0110 SCOPE. Parts 1370.0100 In 1370.0230 apply to buildings or portions of buildings that are designed for use as manufactured home part storm shelters_ 1370.0120 DEFINITIONS. Subpart I. Scope. The definitions in this part apply to parts 1370.0100 to 1370.0230. Subp. 2. Storm shelter. `Storm shelter" means a structure or portion of a structure designed in compliance with pans 1370.0100 to 1370.0230. Subp. 3. Dual purpose storm shelter. 'Dual purpose storm shelter" means a structure or portion of a structure designed for use as a storm shelter and also designed for some other secondary permitted use. Subp. 4. Single purpose storm shelter. "Single purpose stem shelter' means a structure designed for use only as a storm shehm 1370.0130 APPLICABLE REQUIREMENTS. Subpart I. Incorporation by reference. "Interim Guidelines for Building Occupant Protection from Tornadoes and Extreme Winds," TR -83A January 1980, sections I and 2, published by the Federal Emergency Management Agency, Washington, D.C., is incorporated by reference and must be used to deicrmine design loads and as a guide for use in designing storm shelters. The document is not subject to frequent change and is available (1) in the Minnesota State Law Liblary; (2) from the Printing and Publications Division, Federal Emergc%y Management Agency, PO. Box 8181, Washington, D.G 20024; and from the Minnesota Department of Public Sakr)X Division of Emergency Services, 85 Stet: Capitol. Stint Paul. Minnesota 3515t. • Subp. 2. Dual purpose storm sbelters. A dual purpose storm shelter must comply with otlsez applicable requirements of the state building code for its other intended uses. 1370.0140 PLANS, SPECIFICATIONS, PERMITS. Storm shelter plans, engineering calculations, diagrams, and other required data must be prepared by a registered architect or engineer licensed to practice in Minnesota. For permit procedures, tae section 304 of the Uniform Building Code, incorporated by reference in parts 1305.0100 and 1305.0800. 1370.0150 SPACE REQUIREMENTS. A minimum of feu square feet per person must be provided within a storm shelter. A ceiling height of not less than seven feet must be provided over 60 percent of the floor area 1370.0160 REQUIRED EXITS. Subpart 1. Exits, openings. At kast two exits must be provided in compliance with chapter 33 of the Uniform Building Cods: The Second exit from a single purpose storm shelter may have an opening of at Jeast nine square feet with a minimum of 20 inches in width and the bottom of the opening not more than 44 inches from the floor. Openings in the exterior walls of the shelter must be protected to prevent flying missiles fran entering the interior of the "ter. Subp 2. Handicapped access. At least one of the exits must empty with chapter 1340, 6cilities for the handicapped. Subp. 3. Exit to exterior. When a portion of a structure is designed as a storm iliche uric exit must be directly to the exterior of the building or so an exit system complying with she state building code. 1370.0170 DRY INTERIOR. Provisions must be made to construct storm shelters outside of flood -prone area and other nonwater pending areas and so that the interiors remain reasonably dry. 1370.0180 UTILITY LINE HAZARDS. Hazardous utility lines must not be located in or neat a storm shelter The underground electrical service required by pan 1370.0200 is exempt from this requirement. • 1370.0190 MINIMIZING FIRE DANGER. Storm shelters must be constructed to minimize the danger of fire from both external and inie6a) sources. 1370.0200 ELECTRICAL POWER. Underground electrical service must be pruvided to a storm shelter. 9F 1370.0210 ILLUMINATION. 0 Subpart 1. Minimum Illumination. At least five foot candles of illumination must bu provided of Moor level. Subp. 2. Source. An emergency lighting system must be supplied from storage batteries or an an -site generator installed in accordance with the requirements of the National Electrical Code, incorporated by reL-reuce io ehapW 1315. 1370.0220 VENTILATION. Ventilation musr comply with the criterion on page nine of the interim guidelines incorporated in part 1370.CI30. 1370.0230 SANITATION FACILITIES. Sanitation facilities and water for drinking arc not required for storm shelters. • • DATE: March 19, 1992 TO: CITY COUNCIL FROM: DOUG MEIER, MAINTENANCE OPERATIONS SUPERVISOR SUBJECT: AUTHORIZATION TO ADVERTISE FOR BIDS Request authorization to advertise for bids for the purchase of one (1) used (1 year old rental return) or new grader for the Street Department. The unit to be replaced is a 1972 Austin Western Grader. This unit is obsolete and repair parts are extremely hard to get not to mention the • high cost of said parts. The need to replace this piece of equipment at this time is two -fold. First and foremost, the unit is no longer dependable. Second, there is a considerable savings to be had if we take advantage of one year rental returns which are available only at this time of year. Should the Council decide to wait and not bid this unit at this time, I recommend the replacement of the grader be delayed until next year when the rental returns would again be available. • City Hall 37 Washington Avenue West (612)587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 Printed on recycled parer - Police Department 10 Franklin Street South (612) 587 -2242 9� • March 10, 1992 THE EVEREST GROUP LTD xg Gary D. Plotz City Administrator City of Hutchinson 37 Washington Avenue Hutchinson, MN 55350 West 'I_ ♦ -'<, MAR 1�g2 REMV® W By Facsimile 1- 234 -4240 Re: Extension of Time for City Election on Liquor Store Lease Dear Gary: This letter will serve to confirm our recent discussion • concerning the noted matter. I have confirmed with Doug Driscoll that Erickson's Diversified Corporation is willing to extend the time period for City election as to the liquor store lease covered in Article 10 of the Development Agreement. On that basis, this letter will serve to extend the election date from March 23rd to April 1st, 1992. If there are questions con- Cerning the foregoing o�— r if something further is required, please feel free to call. Best regards, THE EVEREST GROUP, LTD. 6zok C. William Franke President cc: Doug Driscoll Greg Erickson CWF /jk • 2685 Long Lake Road P.O. Box 130190 • Rosexille, NIN 55113 (612) 636 -55()0 9 -_T1 .. .. .. -. ... .... -�.. ..... _.tea ..� .r V... \. .... i. i. \.�.. ... •!'I.a\.....f...�JY.w�.!w .rl,M '�J•W- .1.41/v'.Y --. M.., MAP018 '92 12:39 PAGE.002 • CONDOMINIUM NO. ERICKSON'$ DOWNTOWN REDEVELOPMENT CONDOMINIUM DECLARATION THIS DECLARATION is made this day of 1992, by Erickson's Diversified Corporation, a Corporation under the laws of the State of Wisconsin, fee owner, hereinafter referred to as "Declarant ", pursuant to the provisions of Sections 515A.1 -101 to 515A.4 -117 of the laws of the State of Minnesota, which act is known as the Minnesota Uniform Condominium Act, hereinafter referred to as "Act ". The purpose of this Declaration, in conformity with the Act, is to submit the Property, as described below, now owned by Declarant in fee simple, to the provisions of the Act. RECITALS FIRST. Declarant is the owner in fee of certain real (the "Property ") property situated in the County of McLeod, State of • Minnesota, the legal description of the Property is as follows: Lots 1, 2, 3, 4, and 5, Block 48; Jefferson Street between First Avenue Northeast and Washington Avenue (to be vacated by the City); Lots 1 -10, Block 47 (including the alley between First Avenue Northeast and Washington Avenue, to be vacated by the City); that part of Adams Street as platted in the Townsite of Hutchinson, North Half, according to the recorded plat thereof, described __follows: Beginning at the NOrt east corner of Block 47 in said plat; thence South 0 degrees 38 minutes 02 seconds, assumed bearing, along the East line of said Block 47 a distance of 222.98 feet; thence North 15 degrees 33 minutes 30 seconds East, a distance of 214.4 feet; thence North 74 degrees 26 minutes 30 seconds West, a distance of 62.18 feet to the point of beginning; all of said property being located within the original plat of the North Half of Hutchinson, in McLeod County, Minnesota; and that portion of the alley in Block 48 between the North of said Block 48 and a line 12 feet South of t th line of Lot 7 in Block 48, and the East 8.2 et__ of that portion of the alley extending between • the South line of Block 48 and a line 12 feet South of the north line of Lot 7, Block 48 (to be vacated by the City); all of said property 9 -l: MAR. 18 192 12:39 PAGE.003 being located within the original plat of the North Half Of Hutchinson, in McLeod County, Minnesota. SECOND. There shall be constructed on the Property one (1) Principal Building, which shall contain two Units, together with Common Elements and Limited Common Elements, as the same are hereinafter defined, serving all or some of the Units. THIRD, It is the intention and desire of Declarant to submit and establish the Property and the improvements constructed thereon as a condominium. FOURTH. Declarant is the owns or controls the additional real estate (the "Additional Real Estate ") adjacent to the Property above described. The Additional Real Estate is located in McLeod County, Minnesota and is legally described as: The North 12 feet of Lot 7 and Lots 8, 9, and 10, Block 48, in the North half of Hutchinson, McLeod County, Minnesota. Declarant may elect, at its option, to add the above described Additional Real Estate to this Declaration in accordance with the terms hereof. • NOW, THEREFORE, Declarant hereby makes the following • Declaration to which the Property and improvements thereon shall be subject, hereby specifying that this Declaration shall constitute covenants to run with the land and shall be binding on Declarant, its successors, and assigns. 1. Dgfinitions. Words and terms used herein shall be defined as follows, unless otherwise expressly stated to the contrary: a. Act. The Minnesota Uniform Condominium Act, Sections 515A.1 -101 to 515A.4 -117 of the laws of the State of Minnesota and acts amendatory thereof. b. Unit. Each Unit of the Condominium generally shall consist of an airspace, the outermost boundaries of which shall be the facades of the outermost exterior vertical walls of the Principal Building, and the midpoint of the common wall between the Units, which boundaries are more fully described on the Condominium Plat and shall include: 1) If any chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column or any other fixtures lie partially within and partially outside of the designated boundaries of a Unit, any portion hereof serving only that • Unit is a Limited Common Element allocated 2 MAR•16 192 12:40 PAGE.004 • solely to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. 2) Subject to the provisions of Section (2), all spaces, interior partitions and other fixtures and improvements within the boundaries of a Unit are a part of the Unit. 3) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, or other fixtures designated to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. 4) Any lawn, patio, plaza or parking areas which shall lie within the boundaries of a Unit. The facade of the outermost exterior vertical walls of the Principal Building constituting a part of a Unit shall be deemed and defined to be within and part of said Unit. • c. Association. Erickson's Downtown Redevelopment Condominium Association, Inc., a Minnesota non - profit corporation, incorporated under Chapter 317 of the Minnesota Statutes, without capital stock and not for profit, the sole voting members of which are owners of Units. d. Board of Directors. Initially, the persons named as directors in the Articles of Incorporation of the Association and all subsequent Boards of Directors elected in accordance with the Bylaws of the Association. e. Principal Building(s). The structure within which the Units are contained as of the date of the recording of the Declaration and any replacements thereof, some or all of which may not be complete as of the date of recording. Nonetheless, all references herein to "Principal Building" contemplate its completion except as otherwise Specifically stated to the contrary or manifested by the context. f. Bylaws. The Bylaws of the Association attached hereto as Exhibit B. and made a part hereof by reference. g. Common Elements. The Common Elements of the Condominium • shall consist of those areas of the Condominium which are not Units and shall include, but not necessarily be 3 MAR.18 '92 12:40 PAGE.005 limited to, the following: • 1) Lots 1, 2, 3, 4, and 5,Block 48; 3efferson Street between First Avenue Northeast and Washington Avenue (to be vacated by the City); Lots 1 -10, Block 47 (including the alley between First Avenue Northeast and Washington Avenue, to be vacated by the City); that part of Adams Street as platted in the Townsite of Hutchinson, North Half, according to the recorded plat thereof, described as follows: Beginning at the Northeast corner of Block 47 in said plat; thence South 0 degrees 38 minutes 02 seconds, assumed bearing, along the East line of said Block 47 a distance of 222.98 feet; thence North 15 degrees 33 minutes 30 seconds East, a distance of 214.4 feet; thence North 74 degrees 26 minutes 30 seconds West, a distance of 62.18 feet to the point of beginning; all of said property being located within the original plat of the North Half of Hutchinson, in McLeod County, Minnesota; and that portion of the alley in Block 48 between the North line of said Block 48 and a line 12 feet South of the North line of Lot 7 in Block 48, and the East 8.25 feet of that portion of the alley extending between the South line of Block 48 and a line 12 feet South of the north line of Lot 7, • Block 48 (to be vacated by the City); all of said property being located within the original plat of the North Half of Hutchinson, in McLeod County, Minnesota. and all fixtures and improvements thereon except the Units, and including the Limited Common Elements, and; 2) The pipes, wires, conduits, or other public Utility lines running through a Unit which are utilized for or serve more than that Unit; 3) Docks, trees, gardens, plazas, sidewalks, grassy areas; 4) Installations of central services for use by more than one Unit and all other parts of the Condominium necessary or convenient to its existence, maintenance and safety or normally in common use or use by more than one Unit. h. Co on 6x en Expenditures made or liabilities incurred by or on behalf of the Association, together • with any allocations to reserves. 4 MAR ' 1 8 '92 1 2 41 PAGE.006 • i. Qondominium. Condominium shall mean the Property, subsequent to the recording of this Declaration, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. As used herein, the term "Condominium' shall be deemed to mean Condominium No. Erickson Downtown Redevelopment Condominium, the condominium created hereby. j. Declarant. Erickson Diversified Corporation, a Wisconsin Corporation, named as the owner of the Property at the time this Declaration of Condominium is recorded. k. Declaration. This instrument, by which the Property is submitted to the provisions of the Act, and as the same shall exist as amended from time to time. 1. First Mortgagee. Any person named as the mortgagee in any mortgage deed granting a first mortgage lien upon the fee simple title to any Unit unless otherwise expressly stated elsewhere in this Declaration or the Act, each First Mortgagee shall have the right to vote on the basis of one vote per Unit financed on any matter on which it • has the right to vote. M. Condominium Plat. The Condominium Plat for Condominium No. , Erickson Downtown Redevelopment Condominium which is recorded simultaneously herewith and incorporated herein by reference. n. Parking Lot. The Parking Lot shall be located as shown on the Condominium Plat and shall be a Common Element. o. Limited Common Element. A portion of the Condominium which is not part of a Unit and which is reserved for the use by a certain Unit or Units to the exclusion of other Units is designated as a Limited Common Element. The Limited Common Elements shall specifically include those items referred to in Section 5 of this Declaration. The Limited Common Elements are part of the Common Elements. P. Majority. Fifty -one percent (51 %) or more of the votes assigned in Exhibit A to the Units for voting purposes, subject to the voting rights granted herein to First Mortgagees. q. Other Terms. As used in this Declaration or in the Bylaws, words or terms shall have the meaning ascribed to them in the Act unless otherwise defined herein or unless • the context of this Declaration or the Bylaws requires 5 MAP 18 '92 12:42 PAGE.007 otherwise. r. Owner. A person who either holds legal title to a Unit or has equitable ownership as a land contract vendee. s. Property. The real estate and improvements thereon recited in the First Recital to this Declaration, being located in the City of Hutchinson, County Of McLeod, State of Minnesota. t. Mules and Regulations. The Rules and Regulations of the Association issued from time to time by the Board of Directors in accordance with the Bylaws. U. Person. A natural person, corporation, partnership, or other legal entity, or any combination thereof. V. Additional Real Estate. The following described real estate located in McLeod County, Minnesota: The North 12 feet of Lot 7 and Lots 8, 9, and 10, Block 48, in the North half of Hutchinson, McLeod County, Minnesota. 2. Div n of P rt . Declarant, in order to establish a plan of condominium ownership for the Property, hereby divides the Property into two (2) separately designated and legally described estates in fee simple absolute, each consisting of a condominium Unit. Each Unit is further identified on the Condominium Plat filed herewith. The ownership of each Unit shall include that Unit's undivided interest in the Common Elements specified and established in Exhibit A attached hereto, and the Limited Common Elements as shown on the Condominium Plat or otherwise described in this Declaration. 3. Statutory Requirements. The statutory requirements for the contents of a Declaration specified in Section 515A.2 -105 of the Act are set forth in this section, on the Condominium Plat, and elsewhere in this Declaration. a. The name and the address of the Condominium is Condominium No. , Erickson Downtown Redevelopment Condominium, being located in the City of Hutchinson, County of McLeod, State of Minnesota. • • b. The Condominium is situated in McLeod County, Minnesota, • and is legally described as: 0 MAR. 18 192 12:42 PAGE.006 C. The Units are described in Paragraph 1(a) above and as shown on the Condominium Plat. d. The allocation Of Limited Common Elements to each of the Units is described in Section 5 of this Declaration and indicated on the Condominium Plat. e. The Condominium Plat required by Section 515A.2 -110 of the Act is filed herewith. f. Each Unit shall be allocated an undivided interest in the Common Elements, the percentage of which are as follows: Unit 1 41,000 square feet 87.8% Unit 2 5,720 square feet 12.2% The obligation for payment of the Common Expenses of the Association, and the votes in the Association shall be allocated in accordance with the foregoing percentages. As permitted by Section 515A.2 -108 of the Act, the Association may assess any future Common Expense benefiting less than all of the Units against the Units benefitted. in such cases, the expenses shall be • allocated among Units benefitted in proportion to their liability for Common Expenses. Any Common Expense 7 Lots 1, 2, 3, 4, and 5, Block 48; Jefferson Street between First Avenue Northeast and Washington Avenue (to be vacated by the City); Lots 1 -10, Block 47 (including the alley between First Avenue Northeast and Washington Avenue, to be vacated by the City); that part of Adams Street as platted in the Townsite of Hutchinson, North Half, according to the recorded plat thereof, described as follows: Beginning at the Northeast corner of Block 47 in said plat; thence South 0 degrees 38 minutes 02 seconds, assumed bearing, along the East line of said Block 47 a distance of 222.98 feet; thence North 15 degrees 33 minutes 30 seconds East, a distance of 214.4 feet; thence North 74 degrees 26 minutes 30 seconds West, a distance of 62.18 feet to the point of beginning; all of said property being located within the original plat of the North Half of Hutchinson, in McLeod County, Minnesota; and that portion of the alley in Block 48 between the North line of said Block 48 and a line 12 feet South of the North line of Lot 7 in Block 48, and the East 8.25 feet of that portion of the alley extending between the South line of Block 48 and a line 12 feet South of the north line of Lot 7, Block 48 (to be vacated by the City); all of said property being located within the original plat of the North Half of Hutchinson, in • McLeod County, Minnesota. C. The Units are described in Paragraph 1(a) above and as shown on the Condominium Plat. d. The allocation Of Limited Common Elements to each of the Units is described in Section 5 of this Declaration and indicated on the Condominium Plat. e. The Condominium Plat required by Section 515A.2 -110 of the Act is filed herewith. f. Each Unit shall be allocated an undivided interest in the Common Elements, the percentage of which are as follows: Unit 1 41,000 square feet 87.8% Unit 2 5,720 square feet 12.2% The obligation for payment of the Common Expenses of the Association, and the votes in the Association shall be allocated in accordance with the foregoing percentages. As permitted by Section 515A.2 -108 of the Act, the Association may assess any future Common Expense benefiting less than all of the Units against the Units benefitted. in such cases, the expenses shall be • allocated among Units benefitted in proportion to their liability for Common Expenses. Any Common Expense 7 MAR 16 '92 12:43 PAGE.009 associated with the maintenance, repair, or replacement Of a Limited Common Element shall be assessed against the Unit or Units to which the Limited Common Element was assigned at the time the expense was incurred in proportion to the Common Expense liabilities, with the exception of expenses related to or arising from the location of easements for drainage and utilities serving more than one Unit or for the benefit of adjacent lands. Expenses related to or arising from such easements shall be a Common Expense notwithstanding the fact that such easement area is located within a Limited Common Element. In the event that the Additional Real Estate is added to the Property, liability for Common Expenses, the Percentage interests assigned to Units and the votes in the Association shall be reallocated in accordance with Section 2 j (4) below. g. The Condominium is not subject to an ordinance of the kind described in Section 515A.1 -106 of the Act. h. There are no restrictions on the use or Occupancy and alienation of the Units except as explicitly set forth in this Declaration or by operation of law or by separate written agreement between Unit Owners. i. Declarant shall be permitted to subdivide or convert • Units owned by Declarant into not more than three (3) additional Units. The maximum number of Units shall be six (6) Units. Flgxlble Condominium. (1) Declarant's Option to add Additional Real Estate. Declarant expressly reserves the right and option to add the Additional Real Estate Described in section 1(v) above to the Property under the authority of the Act and pursuant to the following terms and conditions. Nothing contained herein shall be deemed to require Declarant to exercise this right or option and Declarant specifically disclaims any representation or warranty that it is obligated to add the Additional Real Estate or otherwise to expand the Property or improve land adjoining the Property. Nothing contained in this Declaration shall preclude Declarant from developing the Additional Real Estate as a separate parcel independent of the Property. (2) Time Limitations. The option to add the Additional Real Estate shall lapse if not exercised prior to the earlier of the following; (a) the expiration of seven (7) years from the • date of recording of this Declaration; or MAR 18 '92 12:44 PAGE.010 • (b) the recording or a written waiver and surrender of such option and right by the Declarant. (3) other LiMitall,000 Of 00tign. There are no other limitations upon Declarant's option and right to add the Additional Real Estate other than such limitations as may otherwise be imposed by law. (4) Reallocation of Common Exoenses, voting rights and percentage interests. If any Additional Real Estate is added to the Property, the Common Expenses, percentage interests and voting rights will be reallocated according to the square footage contained in all Units which exist following the addition of the Additional Real Estate. (5) Timing. In the event that the Additional Real Estate is added to the Property, such addition shall occur at one time and no partial addition of the Additional Real Estate shall be made. (6) Maximum Number of Units. The maximum number of Units which may be created within the Additional Real Estate shall be 2 Units. None of said Units shall be restricted to residential use. • (7) Architectural Style and Construction. No assurances are given by the Declarant that the architectural style, quality of construction, principal materials employed in construction and size of the Units constructed upon the Additional Real Estate will be compatible with those of the Units constructed upon the Property. (8). Restrictions. All restrictions contained in this Declaration affecting the use, occupancy and alienation of units shall apply to units created in the Additional Real Estate. (9) Improvements and Common Elements. The development of the Additional Real Estate, if added to the property, will consist in the construction of not more than two buildings of a size and configuration to be determined consistent with requirements otherwise prescribed by law together with Common Elements consisting of parking areas, driveways, sidewalks and other improvements as provided in Section 1(i) above. (10) Limitation of Assurances. in the event that the Additional Real Estate is not added to the Property, any assurances made in this Declaration with respect to the • Additional Real Estate shall not apply and Declarant shall be under no subsequent obligation or limitation 9 rn�Q . I with respect to the subsequent development or sale of the Additional Real Estate. (11) Method of Adding Additional Real Estate. The Additional Real Estate may be added by the Declarant by service of the notice required by Section 515A.2 -111 of the Act upon each Owner and the Association and by compliance with all of the other requirements of the Act applicable thereto. 4. Amendment and Termination. a. Except as otherwise specifically provided in this Declaration and by Section 515A.2 -119 of the Act, and other applicable provisions of the Act referred to in sub- section (a) of said section, this Declaration may be amended by a vote or written agreement of Owners to which at least $ of the votes of the Association are 31100ated and _4 of the First Mortgagees of the Units (each First Mortgagee having one vote per Unit financed). No amendment shall be effective until recorded in the office of the County Recorder for McLeod County, Minnesota. An affidavit of the Secretary of the Association stating that the votes or agreements required by this paragraph have occurred shall be attached to the amendment and shall constitute prima facie evidence of the representations contained therein. • b. Notwithstanding the foregoing Article 4(a), the following provisions of the Declaration shall not be modified or amended without the consent of 100* of the owners: i. Article 5; ii. Article 7, subsections a,b,f,g,h, and j; iii. Article 8 a; iv. Articles 9 through 16; V. Any provision which creates or defines rights in the common elements or affects the percentage interests therein. C. Notwithstanding the foregoing paragraph, the Condominium may only be terminated as provided in Section 515A.2 -120 of the Act, with the qualification, however, that the applicable percentage referred to in Section 515A.2- 120(a) shall be t (_) rather than 801. d. For purposes of this Article 4, Declarant shall include 10 • MAR •18 '92 12:45 PAGE .012 • any affiliates of Declarant as defined in Minnesota Statutes 515A.103 Subd. (2) and any purchaser of a Unit from Declarant principally engaged in the business of developing real estate. 5. Allocation of Limited Common Elements. The entryways, loading docks and trash enclosures serving a Unit shall be a Limited Common Element allocated to the Unit so served, as shall be other areas designated as Limited Common Elements on the Condominium Plat. There shall be no Other Limited Common Elements. 6. General Description. The Condominium consists of one (1) Principal Building containing two (2) condominium Units, as more fully described on the Condominium Plat. 7. Certain Covenants; Other _Restrictions as to Use. Declarant, its successors and assigns, by this Declaration, and all future Owners, and all holders of an interest for security, by their acceptance of their interest in the Condominium, agree as follows: a. If, in fact, there is a minor encroachment of the Common Elements or the Limited Common Elements upon any Unit, or any Unit upon another, an appurtenant easement for the encroachment and for the maintenance thereof, so long as • it remains, shall and does exist. If, in fact, there is a minor encroachment of any Unit upon the Common or Limited Common Elements or upon any adjoining Unit, an appurtenant easement for the encroachment and for the maintenance thereof, so long as it remains, shall and does exist. In the event any of the improvements are partially or totally destroyed and then restored, there shall be permitted minor encroachments of parts of the Common Elements or the Limited Common Elements and of any Unit upon other Units and of any Unit on the Common Elements, and appurtenant easements for such encroachments and the maintenance thereof shall exist. Such encroachments and easements shall not affect marketability of title to any Unit. b. Units are subject to and shall include an appurtenant easement through Common and Limited Common Elements for access to and maintenance and repair of the Units and Common and Limited Common Elements as provided herein. C. Owners of Units shall by virtue of such interest be members of'the Association. When one or more persons own a Unit, all such persons shall be members, provided, however, that the vote allocated to each Unit may not in any event be split or otherwise cast separately by the • several Unit Owners of any such Unit. 11 FAGE.013 d• The administration of the Condominium shall be in • conformity with the Act, this Declaration, the Bylaws and Rules and Regulations promulgated by the Association. e. Each Owner or occupant of a Unit shall comply with the provisions of the Act, this Declaration, the Bylaws and Rules and Regulations of the Association as amended from time to time. Failure to comply with any such provisions, Rules or Regulations shall be grounds for an action to recover damages, or for injunctive relief by the Association or in a proper case by an aggrieved Owner. f. No Owner may exempt itself from liability for its contribution toward the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of its Unit. g• Each Owner shall have an easement over and across the Common Elements for the purposes of completing improvements to the Unit and any further additions or corrections thereto or replacements or repair thereof. Each Owner, in the use of such easement over the Common Elements shall use all reasonable efforts to prevent or minimize disruption of vehicular and pedestrian traffic over and across the Common Elements and shall promptly repair., replace or restore any portions of the Common • Elements damaged by the use of such easement. h. The Declarant shall have the right to complete the improvements on the Condominium Plat pursuant to Sections 515A.2 -110 of the Act and the easement through the Common Elements described in Section 515A.2 -118 of the Act. i. No Unit or any portion thereof may be used for residential purposes. j. Subject to the right and responsibility of Unit Owners to maintain, repair and improve the Limited Common Elements as provided in Section 8(e) below, no improvements or alterations shall be made to the Common Elements except upon the prior approval of the Board. 8. Im r vements &n5l Alterations to Vnits and Common Elements. Improvement and alteration of the Units and Common Elements shall be subject to the following terms and conditions: a. No visible improvements or alterations shall be made to the exterior of any Unit or the Principal Building (including the Limited Common Elements) following the completion of their original construction except as expressly stated herein or • 12 MAR .16 92 12 a6 PAGE .014 • upon prior approval of the Association. The Association's consent shall be requested by a written application submitted by the Unit Owner to the Board of Directors, which application shall contain adequate plans and specifications to describe the nature of the proposed improvements or alterations. Unless the Board of the Association gives the Unit Owner notice denying or conditioning its consent within thirty (30) days after delivery of the application, the consent shall be deemed granted. b. A Unit Owner intending to make alterations to a Unit or Principal Building which requires prior approval by the Board, shall furnish the Association with adequate assurances that the Unit Owner will indemnify and hold harmless the Association and other Unit Owners from mechanics' liens or other claims arising from such alterations or modifications. The Board may also require that a Unit Owner provide a deposit or other assurance that any removed or altered common element will be repaired and restored as required by the Board. C. The restrictions contained in this subsection relative to the alteration of the exterior of the Units or Principal Building shall include the placing of any signs or awnings. d. Board approval shall not be required with respect to the construction of tenant improvements or interior remodelling • located entirely within a Unit. e. Unless otherwise agreed by the Board with the consent of the holders of not less than I of the votes of the Association, a Unit Owner shall be responsible for providing for the maintenance, repair and improvement of the Limited Common Elements designated for the sole use of such Unit upon the Condominium Plat. Such Owner shall be entitled to make direct contractual arrangements for provision of, and payment for, labor and materials required in connection with the maintenance, repair and improvement of such Limited Common Elements and shall promptly pay for all such labor and materials and allow no mechanic's liens to attach to the Common Elements as a result thereof. In the event that any Unit Owner shall permit a mechanic's lien to attach to the Common Elements as a result of labor or materials done or provided at the request of such owner, the Board shall have the right to pay and compromise any such lien claim and to assess all costs incurred in so doing, including the settlement payment and reasonable attorney's fees and costs, as a common expense assessment allocable solely to the Unit to which such Limited Common Elements are allocated. In the event that such assessment is not paid when assessed, the Association shall have all rights of collection provided herein with respect to collection of common expenses. • Notwithstanding the foregoing, an Owner shall not be required 13 MAR-18 '92 12:47 PAGE. 015 to pay, discharge or remove any lien, encumbrance or charge • referred to in Article S(e) hereof and the Association shall refrain from enforcing its right of assessment and collection thereof so long as such owner: i. Shall contest in good faith the existence or amount thereof, the amount of damages caused thereby or the extent of its liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent: (aa). The collection of or other realization upon the tax assessment charge or lien, encumbrance, or charge so contested; (bb). The sale, forefeiture, or loss of the Common Elements affected or encumbered thereby or any part thereof; and (cc). Any interference with the use or occupancy of the Common Elements or any part thereof; and ii. Shall give such security to the Owners Association as may be reasonably required by the Association to insure compliance with the foregoing provisions. 9. Subordination of Assessment Lien. All sums assessed by • the Association for Common Expenses (including those fees, late charges, and interest charges, pursuant to Section 515A.3- 102(8), (9), and 11 of the Act) shall constitute a lien on each Unit and its share of the Common Elements and the Limited Common Elements belonging to particular Units on the effective dates specified in the Bylaws in the percentage set forth in Section 3(f) hereof. Such liens shall be prior to all other liens except only: a. Liens and encumbrances recorded before the recordation of this Declaration; b. Liens for real estate taxes and other governmental assessments or charges against the Units; and, C. Any recorded mortgage on a Unit securing a first mortgage holder, whether recorded before or after the assessment lien arises, Such lien may be foreclosed in like manner as a foreclosure of a mortgage of real property containing a power of sale, except that the period of redemption for Unit Owners shall be six months from the date of sale. Each Owner at the time of the assessment to the extent permitted by law shall be severally liable for any deficiency judgment, including the costs of collection, foreclosure • and reasonable attorneys' fees. The Association shall notify each 14 MAR 18 192 12:48 UL-144W=)R-1 • First Mortgagee of any default in the payment of an assessment which is uncured for more than thirty (30) days. Before commencing any such foreclosure action, the Association shall notify by writing any first mortgage holder of the intended action. The Association shall have the power to bid in at foreclosure sale and to hold, lease, mortgage and convey the Unit so acquired. An action to recover a money judgment for unpaid Common Expenses may also be brought. 10. Extinguishment of Lien on Foreclosure. The purchaser at a foreclosure sale of a Unit and its successor in interest shall upon expiration of the applicable period of redemption hold title to the Unit free and clear of any lien for assessments payable prior to the expiration of the applicable period of redemption, and any such purchaser and its successor in interest shall not be personally liable for assessments payable prior to the expiration of the applicable period of redemption. A First Mortgagee who comes into possession of the Unit by foreclosure or by virtue of a deed or assignment in lieu of foreclosure shall hold title to the Unit free and clear of any lien for assessments payable prior to the expiration of the applicable period of redemption, or the date of recordation of the deed in lieu of foreclosure, and any such holder or its successors in interest shall not be personally liable for assessments payable prior to the expiration of the applicable Period of redemption. is 11. Leases. There shall be no restrictions on leases for the Units, provided that each such lease shall contain a specific Provision subordinating its terms to the terms and provisions of this Declaration and obligating the tenant to perform and abide by the obligations and restrictions placed upon persons occupying and /or using a Unit or any portion of the Condominium. 12. Eminent Domain. All matters concerning the effect of eminent domain providing against a portion of the Condominium shall be governed by Section 515A.1 -107 of the Act. In the event the entire Condominium is acquired by eminent domain, the Condominium shall terminate. 13. Damage to Condominum. a. If all or any portion of the Condominium which is required to be insured by the Association pursuant to Section 16(a) of this Declaration is damaged or destroyed, the damaged or destroyed portion shall be Promptly restored unless: 1. The Condominium is terminated and the Association votes not to repair or replace all or part thereof; • 2. Repair or replacement would be illegal under 15 MAR ]e 192 12:49 PAGE.017 any state or local health or safety statute or ordinance, or, 3. Eighty percent (80 %) of the Unit Owners, including every Owner and First Mortgagee of a Unit or assigned Limited Common Element which will not be rebuilt, vote to not rebuild. Any such restoration and repairs shall be substantially in accordance with this Declaration and the.Condominium Plat. If the proceeds of insurance are not sufficient to defray the estimated or actual costs of restoration, which costs shall be a Common Expense, special assessments shall be made against all Units in sufficient amounts to provide funds to pay the estimated or actual costs of restoration. The Association shall obtain a construction contract for the repair of the damaged property, signed by the general contractor selected by the Association and setting forth the cost to place the damaged property in condition substantially the same as that before the damage. Such costs may include professional fees and premiums for such bonds as the Association deems necessary. The funds for payment of costs of reconstruction and repair which shall consist of proceeds of insurance and funds collected by the Association from assessments against Owners held by the escrow agent, shall be disbursed in payment of such costs in such reasonable and prudent manner as the Association shall determine. 1) if there is a balance in the construction fund after completion of reconstruction and repair, it shall be allocated to the Unit Owners and First Mortgagees in the manner required by Section 515A.3- 112(g) of the Act. 2) The Association is hereby designated and appointed as authorized agent for each and every Unit Owner for the purpose of negotiating and agreeing to any settlement as to the value and extent of any loss which may be covered under any policy of casualty insurance which is maintained by the Association pursuant to Section 16(a) of this Declaration, and is granted full right and authority to execute in favor of any insurer a release of liability arising out of any W occurrence covered by any policy of insurance, subject to the rights of any First Mortgagee. b. If all or any portion of the Condominium which is required to be insured by the individual Unit Owners pursuant to Section 16(b) of this Declaration is damaged or destroyed, the damaged or destroyed portion shall be Promptly repaired or replaced by the Unit Owner unless: 1. The Condominium is terminated and the Association votes not to repair or replace all or part thereof. 2. Repair or replacement would be illegal under any state or local health or safety statute or ordinance; or 3. The Unit Owner determines not to repair or replace the Unit, in which case the Unit Owner shall promptly demolish the Principal Building and any other improvements appurtenant thereto at such Owner's expense and shall landscape and restore the surface of the ground within the Unit and any improved Limited Common Elements to a safe and sightly condition and • thereafter maintain the same in such condition, without prejudice to the Unit Owner's right to reconstruct. C. Encroachments upon or in favor of Units which may be created as a result of such reconstruction or repair shall not constitute a claim or basis of a proceeding or action by the Owner upon whose property such encroachment exists, provided that such reconstruction was either substantially in accordance with the original plans and specifications or substantially as the building was originally constructed. Such encroachments shall be allowed to continue in existence for so long as the building stands. 14. Upkeep of the Condominium. Except to the extent otherwise provided in this Declaration, the Association shall be responsible for the maintenance, repair, and replacement of the Common Elements and each Unit Owner shall be responsible for the maintenance, repair, and replacement of its Unit and any Limited Common Elements allocated to that Unit. Each Unit Owner shall afford to the Association and the other Unit Owners, and to their agents or employees, access through its Unit reasonably necessary for those purposes. If damages inflicted upon the Common Elements or any Unit through which access is taken, the Unit Owner responsible for • the damage, or the Association if it is responsible, shall be 17 nn- ca �c ic•.JU -... .. ... NNGt.N16 liable for the prompt repair thereof. • 15. Bights of First Mortgagees. Any amendment to this Declaration which restricts the rights granted by this Declaration to any First Mortgagee or deals with the subject matter as an amendment as hereafter described shall, in addition to the required vote of the Unit Owners, also require the written consent of all of the First Mortgagees, to -wit: a. Any amendment which changes the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner, including specifically the ratio of assessments against Owners other than a reallocation required after additional real estate is added to this Declaration; b. Any amendment which releases the Association from its duty to rebuild with insurance proceeds Section 13 or its duty to maintain as provided in Section 14; C. Any amendment na autnori n ai iffooition to abandon, partition, subdivide, encumber, mortgage, sell or transfer the property or improvements thereon; and in the event of a default in the terms of this Declaration, the Bylaws or other Rules and Regulations, including payment of • accounts by an Owner, provided such default has not been cured within thirty (30) days from the date of the default, the Association agrees to give notice of such default or event to the First Mortgagee of the Owner who has committed or permitted the default or all First Mortgagees, if there is a casualty loss or condemnation. Such notice shall be given to the First Mortgagee by mailing the same postage prepaid to the last known address of the First Mortgagee. First Mortgagees shall have the right to examine the books and records of the Association during regular business hours upon reasonable notice, which shall not be less than five (5) days. Upon the written request of any First Mortgagee, and at such First Mortgagee's expense, the Association shall provide copies of the Association's annual financial reports and notices of annual meetings. A representative of the First Mortgages shall also be entitled to attend any annual or special meetings of the Association's members. The provisions of this Section 15 shall prevail over any other Provision of this Declaration or the Bylaws, and in the case of conflict or inconsistency with any other provision, the provisions hereof shall prevail. 16. insurance. The insurance which shall be carried upon the • Condominium shall be governed by the following provisions: 35' E 0 • MAR' 1 6 '92 12:50 PAGE.020 a, The Association shall obtain and maintain insurance in the amount of the full insurable replacement cost of the Common Elements of the Condominium, with the exception of Limited Common Elements allocated to just one individual Unit against loss or damage by fire, wind (including so- called "all risk coverage "), vandalism, malicious mischief, water damage, all Other risks of direct physical loss, and such other perils as the Board of Directors may determine. b. All policies of insurance required by this section shall contain waivers of subrogation and waivers of any defense based on co- insurance or of invalidity arising from any acts of the insured and shall provide that such policies may not be cancelled or substantially modified without at least 30 days' prior written notice to all of the insureds and all of the First Mortgagees. Such policies shall also contain the requirements specified by Section 515A.3- 112(c) of the Act. If the Association shall fail to such to pay currently the premiums due with respect of such insurance, any First Mortgagee may make payment due premiums, and such payment by any First Mortgagee shall be a sum immediately due and owing by the Association to such First Mortgagee, together with interest at the highest rate allowed by law, not to exceed 4% in excess of the base rate established by First Bank Minneapolis, N. A., from the date of payment of the money by the First Mortgagee to the date of reimbursement by the Association. Any First Mortgagee shall have the right to sue upon and enforce the foregoing covenant for its benefit in the event that it shall advance money for the benefit of the Association and the property and it shall not be necessary that any separate agreement exist which is signed by the Association and the First Mortgagee advancing funds. The Association is authorized to enter into a separate agreement in favor of all First Mortgagees, which shall further authorize the First Mortgagee to secure its own replacement policy in the event it should determine it to be undesirable to maintain in force the insurance policy held by the Association. c. Each Unit shall obtain and maintain insurance in the amount of the full insurable replacement cost of such Unit, any Principal Building located therein or thereon and Limited Common Elements allocated solely to it insuring the same against loss or damage by fire, wind (including so called "all risk coverage "), vandalism, malicious mischief, water damage and such other perils as the Board of Directors may determine, including general liability coverage. 19 MAR 118 192 12:51 PAGE .021 d. The Association shall also obtain and maintain public . liability insurance of at least $1,000,000.00, and specific coverages as the Association may from time to time determine, insuring each member of the Association and its Board of Directors and such other persons as the Board of Directors may determine covering the occurrences referred to in Sections 515A.3- 112(2) of the Act. So long as Declarant shall have any interest in any portion of the Condominium, Declarant shall be an additional insured under all liability insurance policies carried by the Association. e. The Association shall also obtain and maintain workers compensation insurance as required by laws relating thereto. f. The Association shall have the authority to obtain and maintain such other insurance as it, in its sole discretion, may determine from time to time to be in the best interests of the Association and the Owners. g. The Association shall obtain fidelity bond coverage for any person or entity handling funds on behalf of the Association naming the Association as obligee in an amount equal to 150% of the estimated annual operating • expenses of the Condominium, including reserves. h. All insurance premiums shall be paid by the Association as a Common Expense. i. An insurance policy issued to the Association shall not prevent a Unit Owner from obtaining insurance for its own benefit. j. An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance, upon request, to the Association, to any Unit Owner, or holder of an interest as security for an obligation. 17. Waiver of Articl of the Apt. Pursuant to Section 515A.4- 101 (a) of the Act, Declarant for itself, and its respective successors and assigns, does hereby waive the applicability of Sections 515A.4 -102 through 515A.4 -117 of the Act, and all purchasers of Units' in the Condominium shall be deemed to have waived the applicability of said sections. This waiver is made in view of the fact that all of the Units of the Condominium are restricted to non - residential use. 18. Severabilit9. The provisions hereof shall be deemed is 20 MAR Is '92 12:52 PAGE.022 • independent and severable, and the invalidity or partial invalidity or unenforceability of any other provision or portion thereof as may be determined by a court of competent jurisdiction shall not affect the validity or enforceability of any provision hereof. The singular shall be deemed to include the plural wherever appropriate; and unless the context clearly indicates to the contrary, any obligation imposed shall be joint and several. 19. Gender. As used herein, the male gender shall include the female gender, to the extent that the context so requires. is • 20. E�stopoel Certificates. The Association and each Owner will from time to time upon written request by an Owner certify to such requesting Owner, or to any party or parties designated by it, whether this Declaration and attached Bylaws of the Association are in full force and effect, whether there has been any amendment thereto, whether the Association or Owner has knowledge Of any default by any party under the terms of this Declaration and attached Bylaws, and to such other things and matters relating to the Declaration and Bylaws as may be reasonably requested. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed the day and year first above written. ERICKSON DIVERSIFIED CORPORATION, a Wisconsin Corporation By STATE OF MINNESOTA ) ss COUNTY OF ) is The foregoing instrument was acknowledged before me this day of 1992, by of Erickson Diversified Corporation, a Wisconsin Corporation, on behalf of said Corporation. Notary Public 21 MAR •18 192 12:52 THIS INSTRUMENT WAS DRAFTED BY: Glenn A. Bergman PETERSON, FRAM G BERGMAN Professional Association 300 Midwest Federal Building St. Paul, MN 55101 Telephone: (612) 291 -8955 22 PAGE.023 MHR•16 '62 12:53 FAGE.024 • EXHIBIT C TO DECLARATION CONDOMINIUM NO. Erickson Downtown Redevelopment Condominium Bylaws 2f Erickson Downtown Redevelopment Condominium Inc A Non - Profit Corporation Organized Under the Laws of the State of Minnesota 1. Identity. These are the Bylaws of a Minnesota non - profit corporation (hereinafter called the "Association "), the Articles of Incorporation of which were filed in the office of the Secretary of State on 1992, and are subject to the Declaration for Condominium No. , Erickson Downtown Redevelopment Condominium (hereinafter the "Declaration "). The Association has been organized for the purpose of administering Condominium No. , Erickson Downtown Redevelopment Condominium, (hereinafter the "Condominium ") a condominium organized under the Minnesota Uniform Condominium Act (hereinafter the "Act "). • For purposes of these Bylaws, terms specifically defined in the Declaration shall have the meaning ascribed therein, and if not defined therein, as defined in the Act. 2. Members. The qualifications of Members and the manner of their admission into the Association shall be as follows: a• Owners. Each Owner of an interest in a Unit in the Condominium shall by virtue of such Ownership be a Member of this Association. b. More Than one. when more than one person owns an interest in a Unit, each such person shall be a Member. C. Registration. It shall be the duty of each Owner of an interest to register its name and the nature Of its interest with the Secretary of the Association. If the Owner of an interest does not register its interest, the Association shall be under no duty to recognize such Owner's interest. d. Transfers. The share of a Member in the funds and assets of the Association cannot be assigned, pledged, encumbered or transferred in any manner, • except as an appurtenance to a Unit. 23 MAR 16 '92 12:53 PAGE. ©25 3. Members' Meetinas -- Voting. • n. First M n . The first meeting of the Members shall be held at the call of the President, the Vice President or by the first Board of Directors as soon as is convenient after the first meeting of the Directors, and in any event, the first meeting of Members shall be held within one year from the date the Declaration is filed for record in McLeod County, Minnesota. b. Annual Meetings. Annual meetings of the Members shall be held at such time and place as is specified by the Board of Directors for the purpose of electing a Board of Directors and transacting any other business authorized to be transacted by the Members. The date, time and place of the annual meeting may be changed by majority vote of the Members entitled to vote. C. Special Meetings. Special meetings of the Members may be called at any time by the President, the Vice President, or the Board of Directors, and must be called by such officers upon receipt of a written request of members holding of the voting power of all Members. • d. Notice. Notice of all meetings of the Members stating the time and place and the objectives for which the meeting was called, including a proposed agenda, shall be given by the President or Secretary. Such notice shall be in writing to each member at the address of each Unit as it appears on the books of the Association or any other address as any Owner shall designate and shall be mailed by United States mail at least twenty -one (21) days prior to the date of the annual meeting; and at least seven (7) days prior to any other meeting. Proof of such mailing shall be given by the affidavit of the person giving the notice. e. First Mortgagee. The First Mortgagee holding a first mortgage on any Unit shall be entitled to notice of member's meetings upon receipt by the President of a written request and may attend and participate in any annual or special meeting but shall have no vote unless granted by written proxy, power of attorney, or required by the Declaration or the Act. f. Quorum. A quorum at meetings of the Members shall • 24 MAR-18 '92 12:54 PAGE.026 • consist of 514 of the voting power of the Members allocated in accordance with the fractional interests set forth in the Declaration. g. Votes. Voting power shall be the voting percentage allocated to each Unit and shall correspond to the fractional interests set forth upon Exhibit A attached to the Declaration. Each Unit shall be entitled to only one vote even if the Unit is Owned by more than one person. No vote shall be deemed to attach to any Unit during the time when the Unit is owned by the Association. h. More Than One Owner. When there is more than one owner of a Unit and the person entitled to vote is in dispute, the vote shall be cast by the person named in a certificate signed by all of the owners of the Unit and filed with the Secretary of the Association. Such certificate shall be valid until revoked by a subsequent certificate; and such a certificate may be requested by the Secretary whenever there is more than one Owner of the Unit. i. Proxies. Votes may be cast in person or by proxy. • Proxies must be filed with the Secretary within three (3) days before the appointed time of the meeting and shall be valid until revoked in writing. A proxy may be given only to another member of the Association or a lienholder of a Unit. j. Voting. Voting of Members may be by voice or ballot at the direction of the presiding officer at the meeting. k. Same Person_. Approval or disapproval of all of the Owners of an interest in a Unit upon any matter, whether or not the subject of a meeting of the Members, shall be by the same person who would cast the vote of such Unit if in a meeting of the Members. 1. Adjournment. If the business of any meeting cannot be conducted because a quorum has not attended, the meeting shall be adjourned from time to time until a quorum is present. in the alternative, the meeting may be adjourned and further notice given of the scheduled meeting date on which the adjourned meeting will reconvene. In such event, the necessary Members who constitute a quorum shall • be reduced to those representing at least 404 of the voting power of the Association. M. Majority Vote. When a quorum is present at any 25 MAR,18 192 12:54 PAGE.027 meeting, any question brought before the meeting shall be decided by a majority of the voting power present in person or by proxy unless the question is one upon which by express provisions of law, the Declaration or these Bylaws, a different vote is required. n. List of Voting Members. At the beginning of each meeting, the secretary shall render and certify a statement showing a list of all of the Members entitled to vote at such meeting, the voting power of each and the name of the person entitled to cast each such member's vote by virtue of any proxy then in effect. Any disputes shall be resolved by a certificate as provided in (h) above. o. Cumulative Voting. Cumulative voting shall be allowed. p. Order of Business. The order of business at the annual meetings of the Members and as far as is practical at all other meetings of Members shall be: 1) Election of chairman of the meeting; 2) Calling of the roll and certifying of proxies; 3) Election of inspectors for election if requested and ballots are used; 4) Proof of notice of meeting or waiver of notice; 5) Reading and disposal of any unapproved minutes; 6) Reports of officers; 7) Reports of committees; 8) 9) 10) 11) 4. Directors. Election of Directors; Unfinished business; New business; Adjournment. a. First Directors. The first Board of Directors shall consist of three (3) persons, as set forth in 26 MAR' l E 9c 12:55 FaGE.02B . the Articles of Incorporation. The first Directors shall serve until the transfer of a Unit by Declarant, unless the Directors sooner resign. A vacancy in the first Hoard of Directors may be filled by appointment by the remaining Directors. Not later than sixty (60) days after the conveyance of the first Unit to be conveyed by Declarant the next election of Directors specified in subparagraph (b) below shall take place. b. Second Directors. The second Board of Directors and all successive Boards shall be elected by the vote of the Owners holding 100% of the voting power of the Association at a special meeting held therefor. The second Board of' Directors and all successive Boards shall consist of three (3) persons. Each Director shall be either the Owner of an interest in a Unit or an officer or designated agent of a corporate owner of an interest or a partner of a partnership which is an Owner. c. Elections. Election of the second Board of Directors and all subsequent Boards shall be conducted in the following manner: • 1) Directors shall be elected at an annual meeting of the Members of the Association, or a special meeting of the directors if called for such purpose if permitted by these Bylaws. 2) Vacancies in the Board of Directors may be filled by the remaining Directors. Any Director appointed by the remaining Directors shall fill the remaining term of the Director who created the vacancy. 3) The term of office of the second Board of Directors and all successive Boards shall be fixed at One (1) year. 4) Each Owner shall be entitled to nominate one or more persons qualified to serve under these Bylaws for election as Directors. 5) At each election for Directors, each Owner entitled to vote shall have the right to vote, in person or by proxy, such Owners voting interest as defined and established by the Declaration for as many persons as there are directors to be elected, or to cumulate his votes by (i) giving one candidate the • vote of such Owners voting interest multiplied times the number of Directors being elected, or (ii) by distributing such votes on the same 27 MAR. 1 8 192 12:56 PAGE.029 principle among any number of such candidates. Any . Owner who intends to cumulate has votes shall give written notice to the Association on or before the day preceeding the election at which such owner intends to cumulate his votes. d. Meetings. 1) Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors. Notice of regular meetings shall be given to each Director personally or by mail, telephone or telegraph at least three (3) days prior to the day named for such meeting unless such notice is waived. Attendance shall constitute waiver. 2) Special meetings of the Board of Directors may be called by the President and must be called by the Secretary at the written request of _ of the Members of the Board. Not less than three (3) days' notice of the meeting shall be given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the • meeting unless such notice is waived or the nature of the reason for the special meeting is such that three (3) days notice is not reasonably practical. Attendance shall constitute waiver. 3) Any Director may waive notice of a meeting before or after the meeting and such waiver shall be deemed equivalent to the giving of notice. 4) A quorum at a Directors' meeting shall consist of the majority of Directors. The acts of the Board approved by a majority at a meeting at which a quorum is present shall constitute the acts of the Board of Directors. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice. 5) The presiding officer of Directors' meetings • shall be the President. In the absence of the presiding officer, the Directors present shall W MAR. 18 192 12:56 PAGE.030 • designate one of their number to preside. 6) Directors shall receive no compensation for their services, except for reimbursement for expenses, but they or their affiliates may be compensated for services rendered or goods supplied to the condominium in a capacity other than as a Director. 7) Any action that could be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing and signed by all of the Directors. 5. Power and Duties of the Hoard of Directors. All of the powers and duties of the Association shall be exercised by the Board of Directors, including those existing under the Act, the Articles of Incorporation and those powers and duties designated for the Association by the documents establishing the condominium. Such powers and duties of the Directors shall be exercised in accordance with the provisions of the Declaration, the Act and the Regulatory Agreement and shall include, but shall not be limited to, the following: a. Officers. To elect annually the officers of the • Association. b. Budcet. To prepare and render to the Members and First Mortgagees thirty (30) days prior to the beginning of the Association's fiscal year, a proposed budget for the ensuing fiscal year showing anticipated income and operating expenses, including reasonable reserves for replacement. A copy of such proposed budget shall be provided to each member not later than thirty (30) days prior to the next fiscal year. C. Annual Report. To submit at each annual meeting of the Members an annual report of the business transacted during the preceding year, report of the general financial condition of the Association and its tangible property. Financial data in such report, excluding projections, may be certified by a firm of independent certified public accountants retained for this purpose by the Association and a copy of the annual report shall be provided to each member and First Mortgagee. The report shall contain at a minimum the following: 1) A statement of any capital expenditures in • excess of two percent (2t) of the current budget or $5,000, whichever is greater anticipated by the Association during the current year or succeeding two fiscal years. at 11HK 1c ZL 1G:7' PAGE .031 2 ) A statement of the status and amount of any • reserve Or replacement fund and portion of the fund designated for any specified project by the Board of Directors. 3) A copy of the statement of financial condition for the Association for the last fiscal year. 4) A statement of the status of any pending suits or judgments to which the Association is a party. 5) A statement of the insurance coverage provided by the Association. 6) A statement of any unpaid assessments by the Association on individual Units identifying the Unit number and the amount of the unpaid assessment. d. Assessments. To make and collect assessments to defray the costs of the condominium expenses and to establish reasonable reserves for replacement, maintenance and repair of the Common and Limited Common Elements. e. Use of Assessments. To use the proceeds of • assessments in the exercise of its powers and duties. f. Repairs. To maintain, repair, replace and operate the Common Elements and the Limited Common Elements. g. Damage. To restore improvements after damage. h. Rules. To make and amend Rules and Regulations respecting the use of the Units and Common Elements. i. Committees. To appoint from the Members a Common Elements Committee and such other committees as it deems advisable for the purpose of recommending action or policy in respect to any matter otherwise within the control of the Directors. j. Enforcement. To enforce by legal means the provisions of the condominium documents, the Regulatory Agreement, the Articles of incorporation, the Bylaws of the Association and the Rules and Regulations for the use of the Units and Common Elements and to institute, defend or • intervene in litigation or administrative proceedings in the name of the Association on its 30 0 • • MAfi 10 Sc 1c:56- PAGE .032 behalf or on behalf of two or more Unit Owners on any matter affecting the condominium; and in any enforcement proceedings against a Unit Owner the Association shall be entitled to reimbursement for all costs including attorneys' fees. k. Cpntracts. To contract for management of the property and to delegate to such manager all powers and duties of the Association except such as are specifically required by the condominium documents to have approval of the Board of Directors or the Membership of the Association. 1. Insurance. To carry insurance for the protection of the Owners and the Association against casualty losses and other liabilities in accordance with the Declaration. M. Payments and Records. To pay bills rendered for common costs and expenses and to maintain or cause to be maintained books and records of account. n. Personnel. To employ personnel for reasonable compensation to perform the services required for proper administration of the purposes of the Association. o. Foreclosure Units. To purchase at any foreclosure sale any Unit in the name of the Association; and during the period of foreclosure, to charge rent for the use thereof and to secure the appointment of a receiver. P. Licenses. Etc.. Grant leases, licenses, and concessions not to exceed one (1) year and utility easements through or over the Common Elements; provided, however that after conveyance to Owners other than the Declarants or affiliates of a Declarant of Units to which more than 50% of the voting power is allocated, the Association may by resolution of a meeting of the Members duly called grant leases, licenses, and concessions in excess of one (1) year and easements through or over the Common Elements. q. Charges. reasonable evaluation, amendments unpaid asse Impose reasonable charges including costs and attorneys' fees, for the preparation and recordation of to the Declaration, or statements of ssments. r. Liability Insurance. indemnification of it maintain Directors' 31 Provide for the s officers and Board and and officers' liability nR 1C Z� G.Z�C FhiGE. 0 3�_. insurance. • S. Penalties. Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association. t. Other Powers. Exercise any other powers conferred by state law, the Declaration or these Bylaws. U. Invest Excess— Funds. To invest monies of the Association in long or short -term investments. 6. Officers a. Officers. The officers of this Association shall be a President, who shall be a Director, a Vice President, a Treasurer, and a Secretary. Each officer shall be a member or an officer or agent of a corporate Owner. Each officer shall be elected annually by the Board of Directors and may be pre - emptorily removed by majority vote of the Directors at any meeting. Any person may hold two or more offices except that the offices of President and Vice President, and the offices of • President and Secretary shall be held by different persons. The Board of Directors shall from time to time elect such other officers and designate their powers and duties as the Board shall find to be required to manage the affairs of the Association. b. President. The President shall be the chief executive officer of the Association. The President shall have all of the powers and duties which are usually vested in the office of the President of a corporation, including, but not limited to, the duty to preside at all Directors' and Members' meetings at which the President is present, and the general supervision over other officers and the affairs of the Association. The President shall execute all contracts, agreements and obligations of the Association except as such authority may be otherwise delegated by resolution of the Board of Directors. C. Vice President. The Vice President shall in the absence or disability of the President exercise the powers and perform the duties of the President. The Vice President shall also generally assist the President and exercise such other powers and perform such other duties as shall be prescribed by • the Directors. 32 MAR-18 '92 12:59 PAGE.034 • d. Secretary., The Secretary shall keep the minutes of all proceedings of the Directors and the Members. The Secretary shall give and serve or cause to be given and served all notices to the Members and Directors and other notices required by law. The Secretary shall keep or cause to be kept the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of Secretary of a corporation and as may be required by the Directors or the President. e. Treasurer., The Treasurer shall have custody or supervise custody Of all intangible property of the Association, including funds, securities and evidences of indebtedness and shall give bond in such sum and with such sureties as the Directors may require. The Treasurer shall keep or cause to be kept the assessment rolls and accounts of the Members. The Treasurer shall keep the books of the Association or cause them to be kept in accordance with good accounting practices and shall submit them together with all vouchers, receipts, records and other papers to the Directors for their examination and approval as often as they may • require. The Treasurer shall deposit or cause to be deposited all monies and other valuable effects in the name of or to the credit of the Association in such depositories as may be designated by the Board of Directors and shall disburse or cause to be disbursed the funds of the Association ordered by the Board and shall perform all other duties incident to the office of Treasurer. The Board of Directors may designate some or all of the foregoing functions to be entrusted to a managing agent subject to overview by the Treasurer. f. No Compensation. Officers of the corporation shall receive no compensation for their services in such capacity, but may be reimbursed for out -o£- pocket expenses incurred in the conduct of the Association's business. 7. Removal of Officer or Director. At any special meeting of Members where notice has been given of such proposal, any Director or officer may be removed with or without cause by a majority of the total voting power, and, if a Director, his successor may then and there be elected to fill the vacancy thus created. if an officer is so removed, his successor shall be elected at the next assembled meeting of the Board of Directors. • 8. FF.scal Management. 33 ilnR .v OL G �J rnUC�.+7 a. Benefit of Members. All funds and the titles of • all properties acquired by the Association, and the proceeds thereof, after deducting therefrom the costs incurred by the Association in acquiring the same, shall be held for the benefit of the Members for the purposes stated in the Declaration and herein and may be temporarily invested when not immediately required. b. Reserves. All reserves required by the Regulatory Agreement shall be maintained and established in the manner required by such agreement. C. Banking. The depository of the Association shall be such bank or banks as shall be designated from time to time by action of the Directors and in which the monies of the Association shall be deposited. Withdrawal of monies from such accounts shall be only authorized by the Directors. d. Inspection. The books, accounts and records of the Association shall be open to inspection by any Director, Members of the Association and First Mortgagees and their duly authorized agents on reasonable notice during regular business hours. Members of the Association and First Mortgagees shall have the right to inspect the books, accounts • and records of the Association on reasonable notice during regular business hours. e. Reports. A report on the accounts of the Association shall be made annually which may be certified by a certified public accountant at the discretion of the Hoard of Directors, and a copy of any such report shall be furnished to each member and each First Mortgagee who requests a copy in writing. f. Fidelity Bonds. Fidelity bonds shall be required by the Board of Directors from all officers and employees of the Association and from any contractor handling or responsible for Association funds. g. Vouchers. Payment vouchers shall be approved by the Board of Directors or authority to approve vouchers may be delegated to the managing agent at the discretion of the Board of Directors. 9. Assessments. Assessments against the Members shall be levied by a majority vote Of the Board of Directors of the Association and paid by the Members to the Association in • accordance with the Act and the following provisions: 34 f9HF, 1 t ' 9c 1 3: 00 FAuE.036 • a. Approval. Notwithstanding anything contained herein or in the Declaration, any assessment for alterations, additions to or improvements of the Common Elements, involving the expenditure of $1,000.00 or more shall first be approved by a majority of the voting power represented at a special meeting called for such purpose. b. Several Liability. Each member shall be severally liable for the share of the Common Expenses which are assessed against the Unit which he owns. The assessments shall be computed in accordance with the percentage of interest in the Common Elements allocated to each Unit by the Declaration. Any surplus shall be allocated to each Unit in accordance with the percentage of interest in the Common Elements and shall be applied to future assessments. C. Assessment Fund. All sums collected by the Association from assessments may be commingled in a single fund unless otherwise required hereunder. d. Annual. Annual assessments shall be a lien upon each Unit on the first day of the fiscal year in • the year of the levy. Special assessments shall be a lien on the 1st day of the month following the levy.Annual assessments for Common Expenses and reasonable reserves shall be made for the fiscal year annually and special assessments at such other additional times as in the judgment of the Board of Directors, additional Common Expense assessments are required for the proper management, maintenance and operation of the property. Such annual assessments shall be due and payable in equal monthly installments beginning with the first day of the first month of the fiscal year and on the first day of each month thereafter. Special assessments shall be due and payable as determined by the Board of Directors. If an annual assessment is not made, there shall automatically be an assessment in the amount of the last prior annual assessment which shall be due and payable as above set forth. e. Assessment Listing. The assessments levied against all Units shall Be set forth in a writing which shall be available in the office of the managing agent or such other place designated by the Association for inspection at all reasonable times by Members or their duly authorized • representatives. Such writing shall indicate for each Unit the name and address of the member(s) , the assessments for all purposes and the amounts of 35 MAR 18 '92 13:01 FAGE.03, all assessments paid and unpaid. A certificate • made by the Association as to the status of a member's assessment account shall limit the liability of any person for whom such certificate is made. Association shall issue such certificates to such persons as a member may authorize in writing, any cost of issuing the certificate to be paid by the member. f. DDelinguency. Assessments and the installments thereof paid on or before ten (10) days after the date when due shall not bear interest, but all sums not paid on or before ten (10) days after the date when due shall bear interest at the highest rate permitted by the Act from the date when due until paid. All payments upon account shall be applied first to interest and then to the assessment payment first due. All interest collected shall be credited to the Common Expense account. The Board of Directors shall also be entitled to impose late charges. 10. Compliance Default. Each Member shall be governed by and shall comply with the terms of the Declaration, Bylaws and Rules and Regulations adopted pursuant thereto as the same may be amended from time to time. A default shall entitle the • Association or other Members to the following relief: a. Remedies. Failure to comply with any of the terms of the Declaration, Bylaws and Rules and Regulations adopted pursuant thereto, shall be grounds for relief which may include, without intending to limit the same, an action to recover sums due for damages, injunctive relief, foreclosure of any permitted lien or any combination thereof, and relief may be sought by the Association or, if appropriate, by an aggrieved Member. The Member in default shall be required to pay all costs of enforcement including attorneys' fees. b. Notice. Any Member who is in default shall be notified in writing of his default with a copy to his First Mortgagee and, except in the case of defaults in the payment of assessments, a defaulting Member shall be given a reasonable opportunity to correct the default except in cases where health and safety are involved where corrective action must be done immediately. C. Performance by Association. If any Member fails to • perform any obligation imposed under the Declaration or these Bylaws or Rules and Regulations, then the Association, acting by its 36 MNF. is 192 13:01 PAGE.03e • Board of Directors, may, but is not obligated to, perform the same for the Member's account and expense and for such purpose may enter upon the Unit, may make necessary repairs, advance expenses or other sums necessary to cure the default and for such expense, levy a special assessment upon the Unit. Each Member shall be liable for the expense of any maintenance, repair or replacement rendered necessary by the Member's act, neglect or carelessness or by that of any guests, employees, agents Or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy, or abandonment of any Unit or its appurtenances. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation. d. Costs, Etc_,. In any proceeding arising because of an alleged default by a Member, the prevalent party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be determined by the court. • e. Non- Waiver. The failure of the Association or of a Member to enforce any right, provision, covenant or condition which may be granted by the Declaration or Bylaws shall not constitute a waiver of the right of the Association or Member to enforce such right, provision, covenant or condition in the future. f. Non - Election. All rights, remedies and privileges granted to the Association or a Member, pursuant to any terms, provisions, covenants or conditions of the Declaration or Bylaws shall not be deemed to be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, 11. Maintenance and Alteration a. By the Association. Maintenance, repair, management and operation of the Common and Limited Common Elements except where Member is responsible shall be the sole responsibility of the Association and no Member shall perform the same, but nothing herein contained shall be construed so as to preclude the Association from delegating to • persons, firms or corporations of its choice, such duties as may be imposed upon the Association by the terms of this paragraph and as are approved by 37 MAR 12 '92 13:02 PAGE.039 the Board of Directors of the Association. The • Association shall be responsible for the repair of all incidental damage caused to a Unit by any maintenance, repair, alteration or improvement of the Common and Limited Common Elements or any part thereof. b. By the Members. The responsibility of the Members shall be as follows: 1) To maintain, repair and replace, at their expense, their Units, including the facades of the outermost exterior vertical walls of the Principal Building, and any individual air conditioning Units which service separate Units; and to do routine maintenance of their Limited Common Elements, and for this purpose each Unit Owner shall afford to the Association and other Unit Owners and their agents or employees access through each Unit upon reasonable notice. 2) To perform their responsibilities in such manner so as not to unreasonably disturb other persons residing, occupying, or otherwise lawfully within or upon the property. • 3) Not to paint or otherwise decorate or change the appearance of any portion of the facades of the outermost exterior vertical walls of a Principal Building unless the written consent of the Board of Directors of the Association is first obtained. 4) To promptly report to the Association or its agent any defect or need for repairs, the responsibility for the remedying of which is with the Association. 5) Not to make any alterations in the portions of a Unit or the Principal Building which are to be maintained by the Association or remove any portion thereof or make any additions thereto or do anything that would or might jeopardize or impair the safety or soundness of a building without first obtaining the written consent of the Board of Directors of the Association, nor shall any Unit Owner impair any easement without first obtaining the written Consents of the Board of Directors of the Association and of the Unit Owner or • Owners for whose benefit such easement exists. 12. Amendment. The requisite vote of the Members of the �I.1 MAR 18 '92 13:03 PAGE. @40 • Association for an amendment to the Bylaws shall be a majority of the voting power. 13. Rules and Regulations. The Board of Directors of the Association or a majority of the Membership of the Association at a duly constituted meeting may promulgate regulations and house rules; provided, however, that copies of such Rules and Regulations shall be furnished to each Member prior to the time that the some become effective. 14. Severability. If any part of these Bylaws shall be ruled invalid or ineffective for any reason whatsoever, the balance shall nevertheless remain in full force and effect. In the event of conflict between the Declaration and the Bylaws, the Declaration shall prevail except to the extent the Declaration or any amendments thereto are inconsistent with the Act. 15. Notices. a. Notice to Board of Directors. Notices required or permitted to be given to the Board of Directors or the Association may be delivered to any Member of the Board or officer of the Association either personally or by mail addressed to such Member or officer at his Unit. • b. Notice to Members. Notices required or permitted to be given to any Member shall be given personally or by mail to the address as it appears on the books of the Association. 16. Indemnification. To the full extent permitted by law, each person who was or is a party or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, wherever brought, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a director or officer of the corporation, or is or was serving at the specific request of the Directors of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, shall be indemnified by the corporation against expenses, including, but not limited to, reasonable attorneys' fees, judgments, fines and amounts paid in settlement, actually and reasonably incurred by him or her in connection with such action, suit or proceeding; provided, however, that the indemnification with respect to a person who is or was serving as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise shall apply only to the extent such person is not indemnified by such other corporation, partnership, • joint KTi f9 rir is yc ]�: k90 PAGE .041 venture, trust or other enterprise. The foregoing • indemnification shall continue as to a person who has ceased to be a director, officer, employee or agent, and shall inure to the benefit of the heirs, executors and administrators of such person, and shell apply whether or not the claim against such person arises out of matters occurring before the adoption of this section. The foregoing indemnification shall not be exclusive of other rights to which any of the aforesaid shall be entitled as a matter of law, agreement, vote of Members or otherwise. 17. Corporate Seal. The corporation shall have no corporate seal. The above were adopted as the Bylaws of Erickson Downtown Redevelopment Condominium Association, Inc., a corporation not for profit under the laws of the State of Minnesota, by action of the Board of Directors at the first meeting, effective 1992. • (Constituting all of the Directors) • 40 • ARTICLES OF INCORPORATION OF ERICKSON DOWNTOWN REDEVELOPMENT CONDOMINIUM, INC. rH t.U-i_ We, the undersigned, being of full age, for the purpose of forming a non- profit corporation under Chapter 317 of Minnesota Statutes, 1974, as amended, hereby associate ourselves as a body corporate and adopt these Articles of Incorporation. ARTICLE I X&MI The name of the corporation shall be Erickson Downtown Redevelopment Condominium Association, Inc., hereinafter called the "Association ". ARTICLE II PURPOSE The purpose of the Association shall be to act as an • association of unit owners as required by the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980 (the "Act "), for the condominium property described in the Declaration of Erickson Downtown Redevelopment Condominium situated in the County of Mcleod, State of Minnesota, and in connection therewith: a. To perform all of the duties required or permitted pursuant to the Act and pursuant to that certain Declaration for Condominium recorded together with Bylaws of this corporation and exhibits with the County Recorder of McLeod County, Minnesota (the "Declaration "); b. To manage and be responsible for the operation, maintenance, repair and /or replacement of the common elements; C. To fix, collect and enforce payment of all Common Expenses and to determine what shall be Common Expenses as permitted in the Act; d. To enforce any and all covenants, restrictions and agreements set forth in the Declaration, • the Regulatory Agreement, the Bylaws and any other Rules and Regulations adopted by the Association from time to time; 1 MRF�' 16 'SE 13:05 FNUE.043 e. To make and perform any contracts and do any • acts and `things and exercise any powers suitable, convenient, proper or incidental for the accomplishment of the purposes of the Association; and f. To exercise any and all powers, rights and privileges to which a corporation organized under Chapter 317 is now or hereafter entitled. ARTICLE III PECUNIARY GAIN The Association shall not afford pecuniary gain, incidentally or otherwise, to its members. ARTICLE IV The duration of this Association shall be perpetual. ARTICLE V REGISTERED OFFICE The registered office of this Association shall be located at ARTICLE VI INCORPORATORS The names and addresses of each of the incorporators are as follows: ARTICLE VII BOARD OF DIRECTORS The number of directors serving the corporation shall be not 2 • • MAR 16 '92 13:05 PAGE.044 . less than three nor more than seven, and the persons constituting the first Board of Directors, which shall be three in number, are as follows: ARTICLE VIII PERSONAL 8 TY Oi MEMBER The members of the Association shall not be liable for Association obligations except to the extent the Association is • empowered to levy and collect assessments in the manner provided for in the Declaration and Bylaws. ARTICLE IX NO CAPITAL STOCK The Association shall have no capital stock. ARTICLE X LIMITATION ON AUTHORITY No lease, management or employment contract regarding recreational areas or common elements, which is directly or indirectly made by or on behalf of the Association, shall be entered into for a period exceeding one year, excluding renewals for successive one -year periods, and any such agreement shall give the Association the right to cancel for cause on 30 days' written notice without liability. ARTICLE XI DISSOLUTION Voluntary dissolution shall require the approval Of not less than 80% of the total voting membership as defined in the Declaration and 80t of the First Mortgagees as defined in the Declaration (each mortgage holder having one vote). 3 MAP I8 19c 13:06 ARTICLE XII PAGE .0a` Amendment of these Articles shall require the assent of 80% of the total voting membership of the Association as defined in the Declaration. ARTICLE XIII MEMBERSHIP ACID VOTING Each owner of a unit created by the Declaration shall be a member of the Association, and no other persons shall be entitled to membership. In the event more than one person is an owner of a unit, all shall be members but they shall be entitled to cast only one vote as a group which shall be Cast as they decide and each vote shall have the voting weight as hereinafter specified. The procedure as to how to cast one vote as a group must be set forth in a writing signed by the entire group prior to the convening of the meeting at which the one vote is to be cast; otherwise such group shall not be entitled to cast the one vote. A membership interest cannot be transferred, assigned, pledged nor may a security interest be granted therein except as an appurtenance to a unit. A member (meaning all owners of any unit) shall have the right to cast one vote at any meeting of the Association, which vote shall have equal weight to all Other votes. The Association shall not be entitled to vote as a member of the Association should become the owner of any unit. IN WITNESS WHEREOF, for the purpose of forming this nco- profit corporation under the laws of the State of Minnesota, re, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation this day of 1992. 4 • 0 MAR ?18 '92 13:06 PAGE.046 STATE OF MINNESOTA is ) as COUNTY OF ) • 0 On this day of , 1992, before me, a Notary Public, personally appeared to me personally known, who, being each by me duly sworn, did say that they are respectively the incorporators of Erickson Downtown Redevelopment Condominium Association, Inc., and that the foregoing Articles of Incorporation were signed by them respectively as such incorporators as their free act and deed. Notary Public A 0 • H E H O R A N D U M DATEi March 18, 1992 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECTS CONSIDERATION OF APPROVAL OF ADDITION OF SHORELAND ORDINANCE TO ZONING ORDINANCE The Planning Commission recommends to approve the Shoreland Ordinance. 9 -s 0 SHORELAND MANAGEMENT ORDINANCE ORDINANCE N0, CITY CODE: CHAPTER 11 APPENDIX A 0 M 1' M11�`1 HMM, MR 55350 (612) 587-5151 • 9 -s TABLE OF CONTENTS . SECTIONS PAGE Section 1.0 Statutory Authorization 6 Policy 1 Section 2.0 General Provisions 6 Definitions 2 Section 3.0 Adainistration 3.1 Permits Required 10 3.2 Certificates of Zoning Compliance 10 3.3 Variances 10 3.4 Notifications to DNR 11 Section 4.0 Shoreland Classifications and Land Use Districts 4.1 Shoreland Classification System 12 4.2 Land Use District Descriptions 12 Section 5.0 Zoning and Water Supply /Sanitary Provisions 5.1 Lot Area and Width Standards 15 5.2 Placement, Design, and Height of Structures 17 5.3 Shoreland Alterations 20 5.4 Placement and Design of Roads, 23 Driveways and Parking Areas • 5.5 Stormwater Management 24 5.6 Special Provisions for: 25 - Commercial, Industrial, Public and Semipublic Uses - Agricultural Uses 26 - Forestry 26 - Extractive Uses 26 - Mining of Metallic Minerals and Peat 26 5.7 Conditional Uses 27 5.8 Water Supply and Sewage Treatment 27 Section 6.0 Nonconforaities 6.1 Construction on Nonconforming Lots of Record 29 6.2 Additions /Expansions to Nonconforming Structures 29 6.3 Nonconforming Sewage Treatment Systems 30 Section 7.0 Subdivision /Platting Provisions 31 Section 8.0 Planned Developments 33 January 1, 1990 ti �•:ti � � r.r �.. �•.r r r. SECTION 1.0 - STAT03ORY ALM71ORIZATION AND POLICY 1.1 Statutory Authorization This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103G, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). 1.2 Policy The uncontrolled use of shorelands of Hutchinson, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and • enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Hutchinson. • 1 2.1 Jurisdiction The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 4.0 of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. 2.2 Compliance The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. 2.3 Enforcement The Director of Engineering and /or Zoning Administrator is • responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of this ordinance. 2.4 Interpretation In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.5 Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 2 2.6 Abrogation and Greater Restrictions • It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, municipal subdivision regulations, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. These definitions shall amend the definitions in the Municipal Code, in reference to this ordinance only. Both definitions shall apply unless a conflict between the two definitions exists. Definitions in the Shoreland Management Ordinance shall supersede Municipal Code definitions only if a clear conflict exists. 2.711 Accessory structure or facility. "Accessory structure" or "facility" means any building or improvement subordinate to a • principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. 2.712 Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the waterbody; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the waterbody. 2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet fron the top of a bluff. • 3 2.714 Boathouse. 'Boathouse" means a structure designed and used solely for the storage of boats or boating equipment. . 2.715 Building line. 'Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 2.716 Commercial planned developments. "Commercial planned developments" are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service- oriented. For example, hotel /motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service - oriented activities are commercial planned developments. 2.717 Commercial use. "Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. 2.718 Commissioner. "Commissioner' means the commissioner of the Department of Natural Resources. 2.719 Conditional use. "Conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance • exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. 2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 2.721 Duplex, triples, and quad. "Duplex," triplex,' and "quad" means a dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 2.722 Dwelling site. "Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 4 2.723 Dwelling unit. "Dwelling unit" means any structure or portion • of a structure, or other shelter designed as short- or long -term living quarters for one or more persona, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. 2.724 Extractive use. "Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. 2.725 Forest land conversion. "Forest land conversion" means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. 2.726 Hardship. "Hardship" means the same as that term is defined in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). 2.727 Height of building. "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. 2.728 Industrial use. "Industrial use" means the use of land or • buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 2.729 Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 2.730 Lot. "Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. 2.731 Lot width. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line. 2.732 Nonconformity. "Nonconformity" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. • 5 2.733 Ordinary high water level. 'Ordinary high water level" means the boundary of public waters and wetlands, and shall be an . elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal suer pool. 2.734 Planned development. "Planned development" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time -share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. 2.735 Public waters. "Public waters" means any waters as defined in • Minnesota Statutes, Section 105.37 to 103G.005. 2.736 Residential planned development. "Residential planned development" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service - oriented. For example, residential apartments, manufactured home parks, time -share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned developments. To qualify as a residential planned development, a development must contain at least five dwelling units or sites. 2.737 Riparian. "Riparian" means located on the bank of a natural watercourse. 2.738 Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 6 0 2.739 Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 2.740 Setback. "Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance. 2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 2.743 Shore impact zone. "Shore impact zone" means land located • between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 2.744 Shoreland. "Shoreland" means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. 2.745 Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. • 7 2.746 Steep slope. 'Steep slope' means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 2.747 Structure. "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. 2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned developments. 2.749 Surface water - oriented commercial use. 'Surface water- oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. 2.750 Toe of the bluff. "Toe of the bluff" means the point on a • bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a 50 -foot segment, measured on the ground, with an average slope exceeding 18 percent. 2.751 Top of the bluff. "Top of the bluff" means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a 50 -foot segment, measured on the ground, with an average slope exceeding 18 percent. 2.752 Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). 8 • • 2.753 Water- oriented accessory structure or facility. 'Water- oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 2.754 Netland. "Wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition). 9 SECTION 3.0 - ADMINISTRATION 3.1 Permits Required 3.11 A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and /or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section 5.3 of this ordinance. Application for a permit shall be made to the Zoning Administrator on the forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. 3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or replaced in accordance with the provisions of this ordinance. Construction installation is restricted to only State Certified Installers, as defined by the State of Minnesota Pollution Control Agency. 3.2 Certificate of Zoning Compliance • The Zoning Administrator shall issue a certificate of occupancy or zoning compliance for each activity requiring a permit as specified in Section 3.1 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 2.3 of this ordinance. (See Flood Plain Regulations, Section 8.18 of Zoning Ordinance) 3.3 Variances 3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as applicable. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Planning Commission and City Council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year - round, whether the variance is being 10 requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. 3.32 The Planning Commission and City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 3.42 below shall also include the Planning Commission and City Council's summary of the public record/ testimony and the findings of facts and conclusions which supported the issuance of the variance. 3.33 For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system by a N.P.C.A. Certified Installer. 3.4 Notifications to the Department of Natural Resources 3.41 Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner • or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions /plats must include copies of the subdivision /plat. 3.42 A copy of approved amendments and subdivisions /plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. • 11 SECTION 4.0 - SN1OREIAND CLASSMCATIOII SYSTEM AND LAND USE DISTRICTS 4.1 Shoreland Classification System The public waters of Hutchinson have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Hap for McLeod County, Minnesota. 4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined in section 2.744 and as shown on the Official Zoning Hap. 4.12 General Development Lakes Campbell Lake, Otter Lake 4.13 Urban River South Fork Crow River 4.2 Land Use District Descriptions Protected Waters Inventory I.D.# 43 -85 -P Legal Description Crow River Dam to Southeast Corporate Limits 4.22 Land Use District Descriptions. The land use zoning districts provided below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the Official Zoning Hap for the shorelands of Hutchinson. These land use districts are in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3: A. Land Use Districts For Campbell and Otter Lakes - (Within 1000' of ordinary high water point). (1) Special Protection District - Forest management P - Sensitive resource management P - Agricultural: cropland and pasture P - Agricultural feedlots NP -Parks and historic sites C - Extractive use C - Single residential C - Mining of metallic minerals and peat NP 12 is (2) Residential District (R -1, R -2, P -D) • - Single residential P - Semipublic C -Parks & historic sites C - Extractive use NP - Duplex, triplex, quad residential C - Forest management P - Mining of metallic minerals and peat NP (3) High Density Residential District(R- 3,R- 4,11- 5,P -D) - Residential planned developments C - Single residential C - Surface water oriented commercial' C - Semipublic C -Parks & historic sites C - Duplex, triplex, quad residential P - Forest management P (4) General Use District (C -1 thru C -4, B /P, I -1 & I -C, I -2 & P -D) - Commercial P - Commercial planned development" C - Industrial C - Public, semipublic P • -Extractive use (Municipality Exempt) NP -Parks & historic sites C - Forest management P - Mining of metallic minerals and peat NP I- Permittedll•Iot Persitted C•CosditimalUse Permit Peqaired `As accessory to a residential planned development. '• Limited expansion of a commercial planned development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. B. Land Use Districts for Crow River - (within 300' setback or landward extent of 100 year flood plain). (1) Special Protection District - Forest management P - Sensitive resource management P - Agricultural, cropland and pasture P - Agricultural feedlots NP -Parks and historic sites C - Extractive use C - Single residential C - Mining of metallic minerals and peat NP • 13 (2) Residential District (R -1, R -2 & P -D) - Single residential P - Semipublic C -Parks and historic sites C - Extractive use up - Duplex, triplex, quad residential C - Forest management P - Mining of metallic minerals and peat NP (3) High Density Residential (R -3, R -4, R -5 & P -D) - Residential planned developments C - Single residential C - Surface water oriented commercial' C - Semipublic C -Parks and historic sites C - Duplex, triplex, quad residential P - Forest management P (5) General Use District (C -1 thru C -4, B /P, I -1, I /C, I -2 & P -D) - Commercial P - Commercial planned development" C - Industrial C - Public, semipublic P • - Extractive use (Municipality Exempt) NP -Parks and historic sites C - Forest management P - Mining of metallic minerals and peat NP 1•Pereitted C- Conditional Use Pendt lequired IP -Ict Periitted `As accessory to a residential planned development. "Limited expansion of a commercial planned development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. 14 • 0 • SECTION 5.0 - ZONING AND MATER SUPPLY /SAIFITARY PROVISIONS 5.1 Lot Area and Width Standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river /stream classifications are the following: 5.11 Unsewered Lakeshore Areas (Within 1000' of ordinary high water mark.) Riparian Lots Nonriparian Lots Area Width Area Width Single 20,000 100 40,000 150 Duplex 40,000 180 80,000 265 Triplex 60,000 260 120,000 375 Quad 80,000 340 160,000 490 5.12 Sewered Lakeshore Areas (Within 1000' of ordinary high water mark.) 5.13 River Lot Width Standards. There is no minimum lot size requirements for rivers, except for those imposed in the Subdivision Ordinance. The lot width standards for single, duplex, triplex and quad residential developments for the South Fork Crow River is: No Sewer Sewer Single Riparian Lots Nonriparian Lots 115 Area Width Area Width Single 15,000 75 10,000 75 Duplex 26,000 135 17,500 135 Triplex 38,000 195 25,000 190 Quad 49,000 255 32,500 245 5.13 River Lot Width Standards. There is no minimum lot size requirements for rivers, except for those imposed in the Subdivision Ordinance. The lot width standards for single, duplex, triplex and quad residential developments for the South Fork Crow River is: No Sewer Sewer Single 100 75 Duplex 150 115 Triplex 200 150 Quad 250 190 These dimensions must be at least as wide as those required in the Subdivision Ordinance for the Zoning District. • 15 5.14 Additional Special Provisions. A. Residential subdivisions with dwelling unit densities exceeding those in the tables in Sections 5.12 and 5.13 can only be allowed if designed and approved as residential planned developments under Section 8.0 of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 5.12 can only be used if publicly owned sewer system service is available to the property. B. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards: (1) They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. (2) If docking, mooring, or over -water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the • percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of lake size Required increase to shore length in frontage (acres /mile) (percent) Less than 100 25 100 -200 20 201 -300 15 301 -400 10 Greater than 400 5 (3) They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and (4) Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, • 16 storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf -on conditions. 5.2 Placement, Design, and Height of Structures. 5.21 Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as • follows. A. Structure and On -site Sewage System Setbacks (in feet) from Ordinary High Water Level*. Setbacks` Classes of Public Structures Sewage Treatment Waters Unsewered /Sewered System Lakes 75 50 50 River 100 50 75 'One water- oriented accessory structure designed in accordance with Section 5.22 of this ordinance may be set back a minimum distance of ten (10) feet from the ordinary high water level. B. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody, 0 17 Setback From: Setback (in feet) (1) top of bluff; 30 (2) unplatted cemetery; 50 (3) right -of -way line of 50 federal, state, or county highway; and (4) right -of -way line of 20 town road, public street, or other roads or streets not classified. C. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. D. Uses Without Water- oriented Needs. Uses without water - oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. • 5.22 Design Criteria For Structures. A. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. See Section 8.18 of Hutchinson Zoning Ordinance. B. Water - oriented Accessory Structures. Each lot may have one water - oriented accessory structure not meeting the normal structure setback in Section 5.21 of this ordinance if this water- oriented accessory structure complies with the following provisions: (1) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; (2) The setback of the structure or facility from the ordinary high water level must be at least ten feet; 18 0 (3) The structure or facility must be treated to reduce ' visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; (4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; (5) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and (6) Water- oriented accessory structures used solely for watercraft storage, and including storage of related boating and water- oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and dorm bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: • (1) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open -space recreational properties, and planned developments; (2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. landings larger than 32 square feet may be used for commercial properties, public open -space recreational properties, and planned developments; (3) Canopies or roofs are not allowed on stairways, lifts, or landings; (4) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and 19 (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. D. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. E. Steep Slopes. The Director of Engineering and /or Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. when determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. 5.23 Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, • must not exceed 25 feet in height, based on the definition in Section 2.728. 5.3 Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 5.31 Vegetation Alterations. A. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 5.4 of this ordinance are exempt from the vegetation alteration standards that follow. B. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 5.62 and 5.63, respectfully, is allowed subject to the following standards: 20 0 (1) Intensive vegetation clearing within the shore and _ bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. (2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water- oriented accessory structures or facilities, provided that: (a) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; (b) Along rivers, existing shading of water surfaces is preserved; and • (c) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 5.32 Topographic Alterations /Grading and Filling. A. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. B. Public roads and parking areas are regulated by Section 5.4 of this ordinance. C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for: (1) The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and 0 21 (2) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland': (a) sediment and pollutant trapping and retention; (b) storage of surface runoff to prevent or reduce flood damage; (c) fish and wildlife habitat; (d) recreational use; (e) shoreline or bank stabilization; and (f) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. • *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; 22 • (5) Altered areas must be stabilized to acceptable erosion • control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) Fill or excavated material must not be placed in a manner that creates an unstable slope; (7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; (8) Fill or excavated material must not be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 1036.245; (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and • (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. E. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. 5.4 Placement and Design of Roads, Driveways, and Parking Areas. 5.41 Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field • 23 office technical guides of the local soil and water conservation district, or other applicable technical materials. • 5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. 5.43 Public and private watercraft access ramps, approach roads, and access - related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section 5.32 of this ordinance must be met. 5.5 Stormwater Hanagement. The following general and specific standards shall apply: 5.51 General Standardst A. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. • B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. 5.52 Specific Standards: A. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 24 • B. When constructed facilities are used for stormwater • management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. C. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 5.6 Special Provisions for Commercial, Industrial, Public/ Semipublic 5.61 Standards for Commercial, Industrial, Public, and Semipublic Uses. A. Surface water- oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water - oriented needs must meet the following standards: (1) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; • (2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and (3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (a) No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; (b) Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such • as product brands and prices, must not be located 25 higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated • by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and (c) Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or other -rise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. B. Uses without water- oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 5.62 Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan • (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 5.63 Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment - Forestry and the provisions of Hater Quality in Forest Management "Best Management Practices in Minnesota ". 5.64 Extractive Use Standards. Extractive uses are prohibited except for municipal uses within I -2 zones and for municipal pond development areas. 5.65 Mining of Metallic Minerals and Peat Prohibited. 26 • 5.7 Conditional Uses • Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community -wide. The following additional evaluation criteria and conditions apply within shoreland areas 5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: (1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction; (2) The visibility of structures and other facilities as viewed from public waters is limited; (3) The site is adequate for water supply and on -site sewage treatment; and (4) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 5.72 Conditions attached to conditional use permits. The Planning • Commission and City Council, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (1) Increased setbacks from the ordinary high water level; (2) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and (3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. 5.8 Water Supply and Sewage Treatment 5.81 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 5.82 Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: • 27 A. Publicly -owned sewer systems must be used where available. B. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080 ", a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. On -site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Section 5.21 of this ordinance. D. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subitems (1) -(4). If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and Percolation tests from on -site field investigations. Evaluation criteria: (1) depth to the highest known or calculated ground water table or bedrock; (2) soil conditions, properties, and permeability; (3) slope; (4) the existence of lowlands, local surface • depressions, and rock outcrops; E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 6.3 of this ordinance. 28 • �j SECTION 6.0 - MONCON OMEMMS y All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: 6.1 Construction on nonconforming lots of record. A. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 5.1 of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. B. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Planning Commission /City Council shall consider sewage treatment and water supply capabilities or constraints of the lot and shall • deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 5.1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 5.1 of this ordinance as much as possible. 6.2 Additions /expansions to nonconforming structures. A. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Section 5.0 of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to Section 3.3. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (1) The structure existed on the date the structure setbacks were established; • 29 (2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (4) The deck is constructed primarily of wood, and is not roofed or screened. 6.3 Nonconforming sewage treatment systems. A. A sewage treatment system not meeting the requirements of Section 5.8 of this ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. B. The governing body of Hutchinson has by formal resolution notified the commissioner of its program to identify • nonconforming sewage treatment systems. The City of Hutchinson will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2- years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 105.485, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on -site sewage treatment systems, shall be considered nonconforming. 0101 SECTION 7.0 - SUBDMSION/PlATf E PROVISIONS 7.11 Land suitability. Each lot created through subdivision, including planned developments authorized under Section 8.0 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water -based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 7.12 Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 5.2 and 5.6 can be provided for every lot. Each lot shall meet the minimum lot • size and dimensional requirements of Section 5.1, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. 7.13 Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: (1) Topographic contours at ten -foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; (2) The surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (3) Adequate soils information to determine suitability for building and on -site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; • 31 (4) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near -shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; (5) Location of 100 -year flood plain areas and floodway districts from existing adopted maps or data; and (6) A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. 7.14 Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. 7.15 Platting. All subdivisions that create three or more lots or parcels that are 5 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. • 7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Section 5.14 of this ordinance. 32 • sEmom a. o - PLhmm DEvEMPHENTS (PD's) B.1 Types of PD's Permissible Planned developments (PD's) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Section 4.2 of this ordinance and the official zoning map. 8.2 Processing of PD's Planned developments must be processed as a conditional use. Approval cannot occur until the environmental review process (EAW /EIS) is complete. 8.3 Application for a PD The applicant for a PD must submit the following documents prior to final action being taken on the application request: 8.31 A site plan and plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment infrastructure and water supply systems (where • public systems will not be provided), and topographic contours at ten -foot intervals or less. When a PD is a combined commercial and residential development, the site plan and plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two. 8.32 A property owners association agreement (for residential PD's) with mandatory membership, and all in accordance with the requirements of Section 8.6 of this ordinance. 8.33 Deed restrictions, covenants, permanent easements or other instruments that: 1) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PD's; and 2) ensure the long -term preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 8.6 of this ordinance. 8.34 When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. • 33 8.35 Those additional documents as requested by the City of Hutchinson that are necessary to explain how the PD will be designed and will function. 8.4 Site 'SUitable Urea' Evaluation Proposed new or expansions to existing planned developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit /dwelling site density evaluation in Section 8.5. 8.41 The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landwardz Shoreland Tier Dimensions Unsewered Sewered (feet) (feet) Lakeshore Areas first tier 200 200 Lakeshore Areas second and additional tiers 267 200 River Areas 300 300 • 8.42 The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned development density evaluation steps to arrive at an allowable number of dwelling units or sites. 8.5 Residential and Commercial PD Density Evaluation The procedures for determining the "base" density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer. 8.51 Residential PD 'Base' Density Evaluation: A. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth. Proposed locations and numbers of dwelling units or sites for the residential planned developments are then 34 • compared with the tier, density, and suitability analyses herein and the design criteria in Section 8.6 8.52 Co=ercial PD 'Base' Density Evaluation: A. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. B. Select the appropriate floor area ratio from the following table: 'Average Unit Floor Floor Area (Sq. Ft.) Area Ratio 200 .040 300 .048 400 .056 500 .065 600 .072 700 .082 800 .091 900 .099 1,000 .108 • 1,100 .116 1,200 .125 1,300 .133 1,400 .142 1,500 .150 `For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet. C. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. D. Divide the total floor area by tier computed in Item C. above by the average inside living area size determined in Item A. above. This yields a base number of dwelling units and sites for each tier. • 35 B. Proposed locations and numbers of dwelling units or sites for the commercial planned development are then compared with the tier, density and suitability analyses herein and the design criteria in Section 8.6. 8.53 Density Increase Multipliers: A. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Section 5.0 are met or exceeded and the design criteria in Section 8.6 are satisfied. The allowable density increases in Item B. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback. B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or Commercial Planned Developments: Density evaluation tiers Maximum density increase within each tier (percent) First 50 Second 100 Third 200 • Fourth 200 Fifth 200 8.6 Maintenance and Design Criteria 8.61 Maintenance and Administration Requirements. A. Before final approval of a planned development, adequate provisions must be developed for preservation and maintenance in Perpetuity of open spaces and for the continued existence and functioning of the development. B. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long -term preservation and maintenance of open space. The instruments must include all of the following protections: (1) Commercial uses prohibited (for residential PD's); (2) Vegetation and topographic alterations other than routine maintenance prohibited; 36 • (3) Construction of additional buildings or storage of vehicles and other materials prohibited; and (4) Uncontrolled beaching of watercraft prohibited. C. Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned developments must use an owners association with the following features: (1) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; (2) Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; (3) Assessments must be adjustable to accommodate changing conditions; and (4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 8.62 Open Space Requirements. Planned developments must contain open space meeting all of the following criteria: • (1) At least 50 percent of the total project area must be preserved as open space; (2) Dwelling units or sites, road rights -of -way, or land covered by road surfaces, parking areas, or structures, except water- oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; (3) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; (4) Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; (5) Open space must not include commercial facilities or uses, but may contain water - oriented accessory structures or facilities; (6) The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and . 37 (7) The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PD's, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PD's, at least 50 percent of the shore impact zone must be preserved in its natural state. 8.63 Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PD must: (1) be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and (2) be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25 percent of the tier area, except that for commercial PD's 35 percent impervious surface coverage may be allowed in the first • tier of general development lakes with an approved stormwater management plan and consistency with Section 5.3. 8.64 Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards (1) Planned developments must be connected to publicly owned water supply and sewer systems. (2) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classifications setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Section 8.53 of this ordinance for developments with density increases; (3) Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces • 38 provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; (4) Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; (5) Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized; and (6) Water- oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 5.2 of this ordinance and are centralized. 8.7 Conversions • Local governments may allow existing resorts or other land uses and facilities to be converted to residential planned developments if all of the following standards are met: 8.71 Proposed conversions must be initially evaluated using the same procedures for residential planned developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 8.72 Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. 8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: (1) Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; (2) remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and • 39 (3) If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. 40 • a 0 0 113rownIs Moral & Si f t 15 - 2nd Avenue Southwest ER Hutchinson, Minnesota 55350 °�•*�•-s�° -..SO 2-Y 'I'D jai �9, X99 -1-- L r Flowers for all occasions Cut Flowers — Potted Plants — Green Plants q-kl 0 C DATEa March 18, 1992 T0i Hutchinson Citv Council FROMs Hutchinson Planning Commission SUBJECTi CONSIDERATION OF VARIANCE REQUESTED BY DWIGHT BORDSON FOR THE CONSTRUCTION OF AN ADDITION TO A NON - CONFORMING HOUSE Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On February 28, 1992, Hr. Dwight Bordson submitted an application • for a variance for reduction from 6' to 3' for an addition onto a non - conforming house located at 56 Grove St. A hearing was held at the regular meeting of the Planning Commission on Tuesday, March 17, 1992, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were sailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 5, 1992. RECOMMENDATION it is the recommendation of the Planning Commission that the variance be approved as set forth above. Respectfully submitted, • Clint Gruett, Chairman Hutchinson Planning Com ission City Hall Parks & Recreation Polrce�eparbneut 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 /r Pnn led on recycled !late+- • um RESOLUTION NO. 9682 • RESOLUTION GRANTING VARIANCE FROM SECTION 6.05 OF ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER TO CONSTRUCT AN ADDITION UNTO A NON- CONFORMING HOUSE • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, HINNESOTAt FINDINGS 1. Mr. Dwight Bordson, has applied for a variance from Section 7 of Zoning Ordinance No. 464 to allow the reduction from 6' to 3' side yard setback for an addition unto a non - conforming house with the following legal descriptions South Half of Lot Three (3) in Block Ten (10) in the Townsite of Hutchinson South Half 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CONCLUSION The application for variance for the purpose designated is approved as set for above. Adopted by the City Council this 24th day of March, 1992. ATTESTt Gary D. Plotz, City Adm. Paul L. Ackland, Mayor 0 • C DATE: March 18, 1992 TOf Hutchinson City Council FROMf Hutchinson Planning Commission SUBJECTf CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DWIGHT BORDSON FOR CONSTRUCTION OF ADDITION TO NON- CONFORMING HOUSE Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On February 28, 1992, Dwight Bordson, submitted an application for a conditional use permit to allow for the construction of an addition to a non - conforming house located at 56 Grove St. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, March 17, 1992, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 5, 1992. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit for two additions be approved based on the findings set forth above. City Hall 37 Washington Avenue West (612) 557 -5151 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Pcin fed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 9 -M L� -_-III �•..,�,. - <�.,.•.,; ri T., _ lr s Jrf r.�r,ta.r:r O 3� 4t3 IN 0 i RESOLUTION N0.9683 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO . ALLOW CONSTRUCTION OF ADDITION TO A NON - CONFORMING HOUSE LOCATED AT 56 GROVE ST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, HNs FINDINGS 1. Mr. Dwight Bordson, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow for the construction of an addition to a non - conforming house located at 56 Grove St. with the following legal description: South Half of Lot Three (3) in Block Ten (10) in the Townsite of Hutchinson South Half 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect-of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the • community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for both additions for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 24th day of March, 1992. ATTESTi Gary D. Plotz City Administrator • Paul L. Ackland Mayor 9 M, FOR YOUR INFORMATION MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 17, 1992 1. CALL TO ORDER The meeting was called to order by Chairman Clint Gruett at 7,30 p.m. with the following members present: E1Roy Dobratz, Dean Wood, Roland Ebent, Craig Lenz, Bill Craig, Tom Lyke (7 :40 p.m.) and Chairman Gruett. Also Present: Gary Plotz, City Administrator, John Rodeberg, City Engineer and Jim Harka, Building Official. 2. MINUTES Hr. Craig made a motion to approve the minutes of the regular meeting dated Tuesday, February 18, 1992. Seconded by Hr. Wood the motion carried unanimously. 3. PUBLIC HEARINGS • (a) CONSIDERATION OF CONTINUATION OF CONDITIONAL USE PERMIT REQUESTED BY FRANCIS CONDON ON HWY 15 N FOR MINI- STORAGE City Administrator Gary Plotz explained the staff recommendation to withdraw the request if Hr. Condon does not provide more information by the end of March for the April meeting. Mr. Craig moved to continue the hearing to the April meeting, seconded by Hr. Lenz the motion carried unanimously. (b &c) CONSIDERATION OF VARIANCE AND CONDITIONAL USE PERMIT REQUESTED BY DWIGHT BORDSON FOR ADDITION TO NON- CONFORMING HOUSE Chairman Gruett opened the hearing at 7:35 p.m. with the reading of publication #4348 and #4349 as published in the Hutchinson Leader on Tuesday, March 5, 1992. The request is for the purpose of considering a request for a variance and conditional use permit to allow for the construction of an addition unto a non - conforming house located at 56 Grove St. • Hr. Dwight Bordson explained his request and stated his hardship as the need for additional space in the kitchen and back entry way. There was discussion on the sketch of the home and the two additions proposed. HUTCHINSON PLANNING COMMISSION MINUTES MARCH 17, 1992 • City Engineer John Rodeberg, stated the neighboring home is set back 20 to 30'. Discussion followed on the established setback. Hr. Lenz moved to close the hearing, seconded by Hr. Wood the hearing closed at 7142 p.m. Hr. Craig made a motion to approve the variance, seconded by Hr. Wood, and the conditional use permit for both additions, seconded by Mr. Dobratz, the motions carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR CONSTRUCTION OF CAR WASH ON HWY 7 WEST Chairman Gruett opened the hearing at 7,44 p.m. with the reading of publication #4350 as published 'in the Hutchinson Leader on Tuesday, March 5, 1992. The request is for the purpose of considering a request to construct a car wash located on Hwy 7 W and Florida. City Administrator Plotz commented on the proposal and the staff recommendation for a detailed site plan or continue to the April meeting. He presented Hr. Richard Danielson's, neighboring property owner, objections and concerns with the request. • Mr. Gary Wurdell, caretaker of a neighboring 4 -plex on Florida St., stated he and the owner had no objection to the car wash but have concerns with an entrance being placed on Florida St. He suggested that the dance studio access be the same as the car wash onto Hwy 7 West. There was discussion on Florida Street being a narrow street and possible assessment costs. Hr. Lenz moved to defer the request to the April meeting, seconded by Hr. Dobratz the motion carried unanimously. (e)' CONSIDERATION OF APPROVAL OF ADDITION OF SHORELAND ORDINANCE TO ZONING ORDINANCE Chairman Craig opened the hearing at Si10 p.m. with the reading of publication #4351 as published in the Hutchinson Leader. on Tuesday, March 5, 1992. The request is for the purpose of considering the adoption of the Shoreland Ordinance as an addition to the Zoning Ordinance. City Administrator Plotz explained the purpose of the • 2 HUTCHINSON PLANNING COMMISSION MINUTES • MARCH 17, 1992 public hearing at the Planning Commission meeting and staff is following the model provided by the state. City Engineer Rodeberg explained the package from the state is mandated but the city staff deleted the portions not relevant to the City of Hutchinson. He stated the State deadline was February 1, 1992. The people most affected are the residents of the city with septic tanks. Those septic systems will have to be recertified. Building Official Marka commented on Section 6.3 regarding nonconforming sewage treatment systems. Mr. Wood moved to close the hearing, seconded by Mr. Lyke the hearing closed at 8:33 p.m. Mr. Lenz made a motion to approve the Shoreland Ordinance, seconded by Mr. Wood the motion carried unanimously. 4. NEW BUSINESS (a) DISCUSSION OF PROPOSED ZONING CHANGES TO BE PRESENTED BY JOHN RODEBERG • City Engineer John Rodeberg commented on several rezoning areas within the city. He explained the Special Protection District to protect environmentally sensitive areas. The park areas are to be protected. It does not change anything these are not buildable lots. Mr. Rodeberg explained the area of the Festival Food store should be rezoned C -3. He stated that I -2 or Heavy Industrial should be were the grain elevators are and along Hwy 22 for Municipal uses. The new County Fairgrounds were annexed into the city as R -1 and should by rezoned I -1 (Light Industrial). (b) COMMUNICATION FROM STAFF Building Official Jim Marka presented the proposed city hall plan. 5. OLD BUSINESS NONE 6. ADJOURNMENT • There being no further business the meeting was adjourned at 9x15 p.m. 3 //-74- REGULAR COUNCIL MEETING MARCH 24, 1992 WATER & SEWER FUND *Withhold Tax Acct employer contribution 789.30 *PERA employer contribution 462.86 Aagard West March recycling 5,968.00 Boustead Electric repair logic board 527.87 Central Garage Feb repairs 3,245.64 Devries, Randy conf expenses 28.99 DPC chemicals 55.00 Elvin Safety Supply raincoats, ear plugs 171.59 Evergreen Apts refund of overcharge 155.37 Flexible Pipe pipe supplies 922.66 Hach Co. lab supplies 149.66 Hutch Utilities electricity 327.52 Juul repair sewer 11432.00 Labconco assemblies 78.85 Lanz, Jerry conf expenses 18.70 LMCIT 4th qtr workmen comp 2,120.42 MN Valley Testing testing 143.00 PERA employer contribution 461.35 Plowmans service call 60.00 Smoger, David school expense 9.99 US West yellow pages 21.95 Withhold Tax Acct employer contribution 800.72 • TOTAL $17,951.44 CENTRAL GARAGE FUND *Withhold Tax Acct employer contribution 96.46 *PERA employer contribution 56.49 Boyer Truck clutch & disc pad 357.42 Champion Auto water pump 69.48 Crysteel pump seals 7.35 Holt Motors clutch assy 130.14 Jeff's Auto Repair exhaust pipe 24.50 Northern States Supply bolts 14.08 PERA employer contribution 59.96 Schmeling Oil oil 165.00 Sweeney Brothers lever assembly 16.83 Town & Country Glass windshield repair 158.84 Town & Country Glass windshield repair 229.40 Two Way Communications speaker plug 35.00 Whelen Engineering flash tube 142.68 Withhold Tax Acct employer contribution 102.39 • Ziegler truck repair 1,608.54 TOTAL $3,274.56 //-74- • • GENERAL FUND *MN Municipal Board annexation fee 575.00 *Withhold Tax Acct employer contribution 4,632.26 *DNR title fees 29.00 *DNR registration fees 384.00 *DNR permit fee 75.00 *MPCA permit application 240.00 *MN Dept of Health plan review fees 150.00 *McLeod Coop Power electricity 1,367.25 *MN Dept of Revenue arena sales tax 108.73 *PERA employer contribution 4,690.93 *PERA -DCP employer contribution 28.71 *AARP 35 students 280.00 *DNR title fees 124.00 *DNR registration fees 304.00 American Bristol manual 40.25 American Risk March services 800.00 Arnold & McDowell March compensation 3,230.00 Automation Supply disks 37.10 Bellkato field books 101.72 Bennett Office office supplies 69.41 Bernhagen, John March compensation 2,019.00 Carr Flowers flowers 6.00 Central Garage Feb repairs 8,609.53 Clarey's Equip SCBA parts 44.80 County Treasurer DL fees 123.00 Fox Laminating laminator 412.00 Gopher Sign legs & cones 637.63 Govt Training Service 2 registrations 40.00 HCVN cable fanchise 750.00 Hensen, Mark dues & meeting expenses 25.76 Hutch Fire & Safety inspections 32.50 Hutch Iron & Metal steel 13.58 Hutch Machine & Tool bushing 25.00 Hutch Public School gym rent 185.25 Hutch Utilities electricity & gas 12,116.38 IAAI dues 40.00 Jensen, Alvin labor on garage door 89.00 Jorgenson, Alice tour refund 34.00 Lake Harriet Florist plant - Tabberson 28.00 Lamb, Richard ice show worker 125.00 LMCIT 4th qtr workmens comp 26,818.33 Mankato Mobile Radio radios 3,737.60 Marco tape 18.00 Marka, Jim dues & meeting expenses 25.00 McGarvey Coffee coffee 27.45 Mike's Mobil gasoline 11.15 Moon, Dolf meeting 11.95 Northern States Supply tools & bits 205.48 Ordway Theatre deposit 132.83 PC Express software & module 1,069.00 PERA employer contribution 4,738.06 Pikal Music tapes 12.00 Pitney Bowes mtce & meter rent 386.00 Plotz, Gary meeting expenses 42.37 Prof Const Services pipe 24.00 Quantum Labs • R.C. Davis Share Corp Shopko • Small Bus Adv Inst Sorensen Farm Southam Bus Comm Standard Printing Streichers Templeton Ticket Craft Two Way Communications UBC US West US West Victorian Inn Viking Int Prod Voss Lighting Wagner, Cheryl West Central Comm West Publishing Willmar Tech Winn,L.& G.Anderson Withhold Tax Acct Wraspir, Otto Xerox Zajicek, Katherine Zee Medical gloves patching cleaners photos videos knob bid ads office supplies letters March contribution tickets batteries door panels, lumber March service directories meeting liners lights costume refund battery updates training course housing rehab employer contribution class refund Feb usage tour refund first aid supplies TOTAL 68.18 105.12 265.38 20.80 222.00 6.95 122.96 32.45 60.25 194.68 146.29 170.55 596.32 98.54 41.90 210.08 80.25 58.08 40.00 45.00 19.50 144.00 3,567.00 4,419.84 8.00 366.20 38.50 31.10 $91,062.93 BOND FUNDS • RURAL FIRE DEPT Hutch Public Schools postage 3.19 YOUTH CENTER *Withhold Tax Acct *PERA Viking Coca Cola Frito Lay Wakefield, Scott Hausladen, Joe PERA Withhold Tax Acct 1990 TAX INC CONST employer contribution 65.91 employer contribution 38.60 POP 36.25 supplies 38.51 April rent 750.00 DJ performance 175.00 employer contribution 38.60 employer contribution 65.91 TOTAL $1,208.78 Juul storm sewer 161.00 • McGraw & Ward prof fees 935.47 LIQUOR FUND City of Hutch lottery sales 803.00 City of Hutch payroll 3,758.83 Withhold Tax Acct employer contribution 282.82 City of Hutch lottery sales 400.00 MN Dept of Revenue sales tax 8,757.06 PERA employer contribution 154.33 TOTAL $14,156.04 • i DAVID B. ARNOLD BABY D. M[DOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOE LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAIIL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLBY RICHARD O. MCBEE TIMOTHY W. FAFINSSI MARY E. HOHHOCES CATHRYN D.HEHER March 23, 1992 ARNOLD & McDOWELL ATTORNEYS AT LAw 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 567-4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Emergency Evacuation Plan Country Club Estates Our File No. 3188 -90149 OF COUNSEL WILLIAM W. CAMERON RAYMOND C.LALLIER PAUL X.BEOICH CHARLES R.CARMICHAEL.' '.5681 CEDAR I.A%E ROAD MINNEAPOLIS,MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800-343-4545 PAS (6l4) 545 -1793 501 SOUTH FOIIHTH STREET PRINCETON, MDINESOTA 55371 (614) 369-2214 FAIL (612) 369-5506 FOR YOUR INFORMATION /223 24�\ rt7A R 1992 ` W • Dear Gary: This letter is for the purpose of advising you that on Tuesday, March 17, 1992, I had a telephone conversation with Charles Schneider, the representative of the Minnesota Department of Health charged with the responsibility of enforcing the rules and regulations governing evacuation plans and storm shelters for mobile home parks, and Mr. Schneider advised me that the Department was going to move as quickly as possible to revoke Mr. Block's license based on his failure to have a plan in place and based on his failure to have plans for the construction of a shelter. I did advise Mr. Schneider that Mr. Block had made a number of comments to have plans for a shelter before the City Council, but those commitments had not been met. Mr. Schneider also advised me that an Administrative Law Judge had issued an order requiring Mr. Schneider to take certain action, but he had not done so and I assume that the Department will now move to revoke the license. I would expect Mr. Block to begin a lawsuit against the City on both the evacuation plan issues, the storm shelter question and the calculation of appropriate levels of payment to the City for water and storm sewer usage. • I would suggest this correspondence be provided to the Council as a "for your information" item. ' CERTIiED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BA8 ASSOCIATION "CERTIFIED AS A BEAT PEOPEHTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz March 23, 1992 Page 2 Please do not hesitate to contact me should you have any questions. Best regards. Very tru: ARNOLD & G. Barry GBA:lm 0 • • ABNOLD & MCDOWELL ATToaN>=rs AT Lew 101 PARK PLACE HDTCHIHSON, MINNESOTA 55350-2563 Ms. Marilyn Swanson Administrative Secretary 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (619) 587 -4096 RESIDENT ATTORNEY O. BARRY A 31 11 Re: Various Matters . Our File No. 3188 -87001 Dear Marilyn: 07 COOEEEL lrtL aH W. r.vEHnN RAYMOND C.LALLIEH PAUL M.BEOICH CHAR " H.CAHMICRAEL- S CEDAR LAEE HOAR MINNEAPOLIS,MINNEsdTA 53418 (6m) M5-BOOo MM TOLL IEEE 600- 349-4545 PAE(619)545 -1783 501 SOUTH 70UMTH 67IHEET PRINCETON, MTNNESOL 53371 (619) 3BY -9114 PAE (61E)9E0 -5306 FOR YOUR INFORMATION �2 4 -re MAC 81� g� BYE_ • Thank you for your recent memorandum inquiring about the status of various matters. This is probably a good opportunity to update both yourself, City staff and the City Council on these various matters and I would have no objection to including this correspondence in the next Council packet if you think it would be helpful. Incidentally, I do appreciate your memo reminding me of various minor items. We have a fairly sophisticated filing system, but even so, your periodic written reminder is helpful. 1. Cross Easement Agreement. Resolution No. 9628 dealt with the Cross Easement issues. This matter is on hold while the City decides whether or not to proceed ahead with a liquor store in the grocery store complex. Mark Nelson of ShopKo Stores, Inc. has indicated that the last proposal of the City was, in general, acceptable. 2. Thomas Carrigan Matter. I have discussed this matter with Mr. Rodeberg and Mr. Carrigan's attorney, Mark Carrigan, on a couple of occasions. An agreement has been sent to Mr. Carrigan, through his counsel, for execution. Enclosed is a copy of my recent correspondence to Mr. Carrigan on this issue. The Council may wish to provide further direction on this matter. • 'CBHTTFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA ETATE BAH ASSOCIATION "CEHTIPIED AS A HEAL PAOPBRTY LAW SPECIALIST BY THE ITDTNESOTA STATE BAR AS'JOCIATION DAVID B. MOLD OARS D. MCDOWELL STEVEN A. ANDERSON O. BAHHT ANDEISON' STEVEN B. MOON LUHA E. PRETLAND IIAVID A. BHUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEM ENT JAMEB UTLET HICHAHD O. MCOEE TIMOTHY W. PAPINBEI MARY E. HOHHOCES CATHHYN D. REHER March 12, 1992 ABNOLD & MCDOWELL ATToaN>=rs AT Lew 101 PARK PLACE HDTCHIHSON, MINNESOTA 55350-2563 Ms. Marilyn Swanson Administrative Secretary 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (619) 587 -4096 RESIDENT ATTORNEY O. BARRY A 31 11 Re: Various Matters . Our File No. 3188 -87001 Dear Marilyn: 07 COOEEEL lrtL aH W. r.vEHnN RAYMOND C.LALLIEH PAUL M.BEOICH CHAR " H.CAHMICRAEL- S CEDAR LAEE HOAR MINNEAPOLIS,MINNEsdTA 53418 (6m) M5-BOOo MM TOLL IEEE 600- 349-4545 PAE(619)545 -1783 501 SOUTH 70UMTH 67IHEET PRINCETON, MTNNESOL 53371 (619) 3BY -9114 PAE (61E)9E0 -5306 FOR YOUR INFORMATION �2 4 -re MAC 81� g� BYE_ • Thank you for your recent memorandum inquiring about the status of various matters. This is probably a good opportunity to update both yourself, City staff and the City Council on these various matters and I would have no objection to including this correspondence in the next Council packet if you think it would be helpful. Incidentally, I do appreciate your memo reminding me of various minor items. We have a fairly sophisticated filing system, but even so, your periodic written reminder is helpful. 1. Cross Easement Agreement. Resolution No. 9628 dealt with the Cross Easement issues. This matter is on hold while the City decides whether or not to proceed ahead with a liquor store in the grocery store complex. Mark Nelson of ShopKo Stores, Inc. has indicated that the last proposal of the City was, in general, acceptable. 2. Thomas Carrigan Matter. I have discussed this matter with Mr. Rodeberg and Mr. Carrigan's attorney, Mark Carrigan, on a couple of occasions. An agreement has been sent to Mr. Carrigan, through his counsel, for execution. Enclosed is a copy of my recent correspondence to Mr. Carrigan on this issue. The Council may wish to provide further direction on this matter. • 'CBHTTFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA ETATE BAH ASSOCIATION "CEHTIPIED AS A HEAL PAOPBRTY LAW SPECIALIST BY THE ITDTNESOTA STATE BAR AS'JOCIATION Ms. Marilyn Swanson March 12, 1992 Page 2 3. Curtis Erickson Deed. On January 15, 1992 I previously sent to Gary Plotz a letter and corrected deed. I am enclosing at this time another copy of the deed which, if not signed before should be signed by the Mayor and Gary and sent directly to Hometown Realty. 4. Agreements for Purchase & Sale of Farmers Elevator Site. This office does not have the originals. We will inquire of the Mayor and Ron McGraw to see if they can be located. 5. Sign Placement Agreement with ISD #423. I am very pleased to be able to "pass the buck" on this one to Council Member Erickson. He volunteered to locate the legal description and I fell all over myself accepting his offer. As soon as he provides it to me, I will then be obligated to produce the final draft of the agreement. I do not think this should prove difficult. 6. Modern Mazda Contract. Thank you for your list of changes on • the Car Impounding Contract with Modern Mazda. Please find the revised Contract which should be approved by the City Council at its next regularly scheduled City Council meeting. 7. Resolution No. 9662 - Cable Television. Please find proposed Resolution No. 9662. I would suggest a copy of this Resolution be provided to the Council as a "for your information" item. Once again, thank you for your reminder. Best regards. Very truly yours, FA rn G: Balky Anderson GBA:lm Enclosures • I DAVID E. wHxoLn BART D. McDOWELL STEVEN A. ANDERSON O. BARRT ANDERSON' STEVEN S. RUDE LAURA K. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PA] EM LNT JAMES UTLET RICHARD O. McOSE TIMOTHY N. TAFINSKI MART E. HORROCKS CATHRYN D. REBER March 3, 1992 Mark A. Carrigan Attorney at Law 227 South Main Street Hutchinson, Mn. 55350 ABNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 -2363 (612) 587 -7373 PAIL (612) 581 -4095 RESIDENT ATTORNEY O.BARRY ANDERSON Re: City of Hutchinson /Carrigan Agreement Our File No. 3244 -91045 Dear Mark: OF COUMSSL 7111LLAM W.CA}IERON RAYMOND C. GALLIC■ PAUL M.BEOICH CHARLES R.CARXICHAEL'• 6661 CEDAR LAKE ROAD MINNEAPOLIS,M3MNESOTA 33416 (618) 545 -9000 MN TOLL FREE BO0-949 -4545 F"(612)545-17" 901 SOUTH FOURTH BTREET FRINCETON, MINNESOTA 99911 (GUI 959 -2214 3PAE(612)959 -5906 0("- �6 MAR 1992 REC'r 8Y_ A • The City is not interested, and in fact will not, negotiate with Mr. Carrigan regarding the agreement. Frankly, the City would prefer that the encroaching improvements be removed and will act to have the encroaching improvements removed from city right -of- way unless the agreement is executed. I intend to request that the matter be placed on the City Council agenda for the last meeting in March. If the agreement has not been executed prior to that date, I anticipate the City Council will take action to remove the encroachment upon municipal property. \J Please do not hesitate to contact me further regarding this matter. Thank you. Very truly yours, ARVryv OW G. erson f BA:mb 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE EAR ASSOCIATION RESOLUTION NO. 9662 THIS RESOLUTION is made and entered into this 13th day of March, 1992, by the Hutchinson City Council. RECITALS: 1. The City of Hutchinson has adopted various ordinances in connection with the award of the franchise and enforcement of the franchise for cable television including but not limited to Ordinance No. 431, adopted February 29, 1972, Ordinance No. 574, Ordinance No. 693, adopted effective July 24, 1984 and Ordinance No. 736, adopted April 22, 1986. 2. The cable television franchise within the City of Hutchinson is presently operated by Star Cablevision Group which has requested that the franchise be transferred to D.D. Cable Partners, L.P., 235 Montgomery Street, Suite 420, San Francisco, California 94104, and would appear to be in the best interests of • the City to explore the possibility of the right of first refusal granted in the ordinances of the City of Hutchinson; NOW THEREFORE BE IT RESOLVED that the City Council for the City of Hutchinson that the issue of whether or not the City should exercise its right of first refusal under the ordinances of the City of Hutchinson is hereby referred to the Hutchinson Utilities Commission which is directed to consider whether or not it would be in the best interests of the City of Hutchinson to operate such a system and to provide further guidance and direction to the Hutchinson City Council on this issue. CITY OF HUTCHINSON By: 0Paul L. Ackland, Mayor Attest: • DAVID OAHY D. . MCDO McIALWE LL STEVEN A. ANDERSON O. BAHBY ANDERSON' STEVEN S. 800E LAURA E.FHETLAND DAVID A. BRUEOOEMANN PAUL. D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. McGEE TIMOTHY W. FAFINSKI MARY E. HORROCHS CATHBYN D. REHEH March 18, 1992 ApzNOLD & McDOWELL ATTORNEYS AT LAW 101 PARK PLACE HDTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: HCVN, Inc. Dear Gary: (612)587 -7575 FAA (612) 587 -4096 RESIDENT ATTOHNEY O. BARRY ANDERSON OF COUNSzL WII.ISAM W. CAMERON RAYMOND C. LALLIER PAUL M. BEOICH CHARLES R.CARMICHAEL" 9881 CEDAR LASE ROAD MINNEAPOLIS,MINNESOTA 55416 ?g 2� (612) 945 -9000 �6 N TOLL FREE 800 -36.'1 -4545 4J 2j FAA(612)545 -1793 P SODONB MOINIINBHTSH O TSA i BEET CETT 5537 1 REC"'VZD (612( 389-2214 BY._ FAX (612) 389-5506 � 0169 FOR YOUR INFORMATION • This letter is sent to you and the Council as a "for your information" item. I would ask that the enclosed Minutes and a copy of this correspondence be included in the next Council packet on that basis. r1 L_J Please be advised that I have contacted Moss & Barnett to advise them of our decision to hire a technical firm to conduct an audit of the system. I have also asked the firm conducting the technical audit to plan on making a presentation to the City Council regarding their findings. Do not hesitate to contact me with questions. Best regards. Very truly ours, G.-BBYYy Anderson GBA:lm 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION MINUTES The meeting of the Board of Directors of Hutchinson Community • Video Network, Inc. and the Cable Television Advisory Committee was called to order at 6:45 A.M.. Present at the meeting were Barry Anderson, Joanne Stearns, Roger O'Malley, Don Hansen, Mark Guggemos and HCVN Coordinator Sue Potter. Business relating to the Cable TV Advisory Committee was addressed first. Committee Chairman Barry Anderson explained the situation relative to the technical audit and also discussed at some length the budget problems presently experienced by the City. It was pointed out that the HCVN fund balance presently is positive because HCVN cut expenditures significantly when Star Cablevision unilaterally ceased making the 35 cent per subscriber payment. While those funds were restored, eventually, no additional expenditures were made by HCVN. The discussion centered around the need for the technical audit. There was discussion concerning the two principal bidders for the technical audit work. Gossman was considered to be superior on cable issues and seemed to have broader experience in this field. Owl Engineering, on the other hand, was probably a better choice from the standpoint of a professional presentation. The educational qualifications for Owl appeared to be superior, • although the practical experience of Gossman seemed to waive more heavily in his favor. On balance, the technical specifications sub - committee recommended Gossman as the technical audit person. There was also discussion about problem areas in the City that should be brought to the attention of Gossman, if he is selected, and the technical specifications sub - committee will bring those areas to the attention of the auditing firm. There being no other business for the Advisory Committee, that meeting was adjourned. The Hutchinson Community Video Network, Inc. meeting was then called to order with the same individuals in attendance. It was moved with appropriate second (Mark Guggemos and Roger O'Malley) to loan $2,000 to the City to perform the technical audit with the understanding that these funds would be repaid, without interest, in the next budget year. Motion passed unanimously. There being no other business, t . g was ly Aourned at 7:30. df 0&14r1941A4_ G. Barry nder on, Acting Secretary • DAVID B. ARNOLD • GARY D. MCDOWEL STEVEN A. ANDERSON O. HARRT ANDERSON' STEVEN S. HOOF IAURA X.FRETLAND DAVID A. BHUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O.MCOEE TIMOTHY W. PAFINSEI MARY E. HORROCES CATHRYN D. REHEH March 20, 1992 ARNOLD & MCDOWELL ATTORNEYS AT LAW LOS PAR% PLACE HuTCHINSON, MINNESOTA 55350 -2563 Ms. Marilyn Swanson Administrative Secretary 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 567 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Cable Television Issues Our File No. 3244 -91044 Dear Marilyn: OF CGUXSE WILLIAM W.CAMERON RAYMOND C. I.AI.LTER PAUL N.BEOICH CHARLES R.CARMICHAEL" 3681 CEDAR I.AEE ROAD MINNEAPOLIS, MINNESOTA 33416 (611) 345-9000 MN TOTS TREE 800 -3 -4545 FAX(6t2)S45-1793 501 SOUTH FOURTH STREL'T PRINCETON, MINNESOTA 55371 (612) 369 -1214 TAX (612) 369-5506 Ol r0oa,- N92 :ziU;jvEn er__�_ FOR YOUR INFORMATION I am enclosing a copy of an article entitled "Cable Industry • Circling the Wagons, Seeking Compromise to Regulation." In view of the present discussions between the City and various cable operators, I thought the Council would be interested in this item as a "for your information" item. I have discussed this matter with several staff members as well as a couple of members of Congress, and I would concur with the conclusion of the article that re- regulation is likely. It's precise form and content is unknown, and one of the exceptions being talked about would not allow regulation in smaller communities. Obviously, that is not favorable to smaller communities and I have indicated my position on this issue to those involved. In any event, I thought the article was interesting and I pass it along to you and the Council for review. Best regards. Very truly�j ARNOLD /LfbD04 G. Anderson • ncl Im E os Enclosure 'CERTIFIED AS A CIVIL THIAI SPECIAIS SI BY THE MINNESOTA SLATE BAR ASSOCIATION "CERTIFIED AS A BF.AL PROPERTY LAW SPECLALTST BY THE MTNNFSOTA STATE BAR ASSOCIATION 4F Sunday /March 15/1%2/SterTribune Cable industry circling the, wagons, `F K seeking compromise to regulation al c Nex d r utated Industry like mine " pay' n the retransmission fee By Bill Carter New York Times the cable TV Industry Is looking for cover. i Specifically, it Is looking for a legis- lative compromise that might make more tolerable the stronger federal regulation that most cable execu- tives say is Inevitable. Failing that, the cable Industry hopes it can get off the hook for at least it year by persuading Congress to forgo any action this 'session. The industry has staunchly op- posed new rules since it won al= most total freedom from regulation in a cable bill passed in 1984. But times have changed, and so has public opinion about cable TV. The cable industry has outraged many customers with price in- creases of 50 percent or more in the past five years for service that has ranged from Indifferent to ex- asperatfng. Tales of cable custom- eraitis sitting an phones for hours, or wng all day for an installer or repairman, are fodder for jokes by .ate -night comics-. ;Many In the industry admit there have been problems. "There have ;been entirely too many local oontro- 'versies Involving cable rates and kcustomer service than Is healthy for a e eg said James P. Mooney, the ppresi- dent of the National Cable Televl- slon Association, the Industry's lob- bying group. The U.S. Senate clearly agrees. On Jan. 31, a tough cable re- regulation bill supported by majorities in both parties, passed by a vote of 73 to 18. President Bush, adhering to his kleological opposition to regulation, said he would veto the legislation. But the wide margin of the vote made it look to be veto-proof. Cable executives had sought to portray the Senate bill as a sop to the broadcasting industry, which successfully lobbied to have the bill include a provision forcing cable operators to pay for the right to carry network signals. The Inclusion of this provision, '.which Is known as retransmission consent, was a stunning turn- around in an industry where, less than a year earlier, many top exec- utives had dismissed the Issue as a joke. "I guess you could come up with a rationale that says you ought to at least give them some compensa- tion," Mooney said. He added, "If our backs are to the wall and they insist on being paid for retransmis- slon. we'll roll over for it" Cable companies have argued that FILM RATING GUIDE G "General Audiences." Film does not contain subject matter most parents are likely to consider objectionable, even for younger children. PG "Parental Guidance Suggested :' Rating cautions parents that subject matter may be considered unsuitable for children and urges inquiry prior to attendance. PG13 "Parents Strongly Cautioned." Rating strongly urges parental guidance of children under the age of 13. Subject matter may be inappropriate for young children. R . "Restricted." Adult subject matter. Children under 17 must be accompanied by a parent or an adult guardian. NC17 "No Children Under 17 Admitted." In the event no rating Is listed, call theatre for further Information. Film may not have been rated by the Motion Picture Association of America..: �Ir:UAr would almost certainly force them If yo to raise their rates. But the broad- tar A casters argued that cable profits : a= wielk are sufficient to cover that extra - ' after cost chael John Hendricks, the founder and chairman of the Discovery Channel, said that Discovery was able to surmount its Initial financial prob- lems because cable was de -regu- lated in 1984. With re- regulation, he saki, his new channel, the Learning Channel, will face an uncertain future. Still, Hendricks said that cable had been hurt by "some systems that started to price-gouge:: ' He said the gougers were relatively few in number, "maybe two to three hun- dred bad actors among 11,000 sys- tems." But that was enough, he said, to make it "very likely we're going to have a piece of re- regula- tlon legislation this year." bottom image) a comma! the sho, Includec commen The origi after it re from test grouped Lyyr the audiE most sat movie," effort. The tapf suggest .? "One iy the v - i r :- check The cable industry's other argu- an LynE ment Is that new channels will not be able to get off the ground and As part survive In an era of strict rate regu- Directo. lation and burdensome retransrnis- releasin sion fees mat (writ John Hendricks, the founder and chairman of the Discovery Channel, said that Discovery was able to surmount its Initial financial prob- lems because cable was de -regu- lated in 1984. With re- regulation, he saki, his new channel, the Learning Channel, will face an uncertain future. Still, Hendricks said that cable had been hurt by "some systems that started to price-gouge:: ' He said the gougers were relatively few in number, "maybe two to three hun- dred bad actors among 11,000 sys- tems." But that was enough, he said, to make it "very likely we're going to have a piece of re- regula- tlon legislation this year." bottom image) a comma! the sho, Includec commen The origi after it re from test grouped Lyyr the audiE most sat movie," effort. The tapf suggest .? "One iy the v - i r • DAVID DAas n. . McDo x�nowE LL STEVEN &.ANDERSON O.BARRY ANDERSON' STEVEN S. HOOE LAURA E. FRETLAND DAVID A. BRIIEOOEMANN PAUL D. DOVE •• JOSEPH x. PAIEMENT JAMES UTLEY RICHARD O. MLOEE TIMOTHY W. PAPINSEI MARY E. HORROCXS CATHRYN D. REBER March 12, 1992 AANOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HuTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAA (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Minnesota Open Meeting Law Our File No. 3188 -87001 Or COv SZL WILLL&M W. CAMERON RAYMOND C. LALLSER PAUL M. BEOICH CHARLES R.CARMICHAEL" 50M CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 600 - 343 -4515 PAS (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (6M) 389-2214 FAX (612) 389 -5506 FOR YOUR INFORMATION ,722 ?'c �5?s 2j- 6 BY GIG Dear Gary: • I am enclosing for your review and consideration, and inclusion in the next Council packet, a copy of the decision of St. Peter Herald vs. City of St. Peter, which appeared in Finance & Commerce on March 6, 1992. • This case was significant for a couple of reasons, but most particularly because it holds that a notice of claim may be protected data and disclosure may not be required. There do not appear to be any municipal issues to which this case is directly applicable, at least at the present time, but since the decision is, in general, favorable to municipalities, I thought both you and the Council would appreciate a review of it. Please do not hesitate to contact me should you have any questions. Best regards. Very truly ARNOLD GBA:lm Enclosure 'CERTIFIED AS A CIVIL TRLAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION N.W.2d at 676. In 1986, the legislature amended the juvenile act regarding who has the right to participate in termination eedings. In its initial form, Minn. Star. § 260.155, subd, In prc ded: AchfdwhoisthesubjectofapetittPn and the parents, guardian, or custodian of the child, and any grandparent of the child with whom the child has ,es within the past two yea* have the right to icipate in all proceedings on tt petition. Minn. t. § 260.155, subd. In (1986) (emphasis added). in 1987 the leg ure amended subdivision is to provide: AdWdwho is the subject of a pelltion, and the parents, gurtfAnn, or lawful custodian of the child have the right 6_participate in all proceWings on a petition. Minn Star. § 210.155, subd. In (Supp.- 1987) (emphasis added). The statute has remdned unchanged sino# that time. ,: Our decision "§pcuses on whether appellants are 'custodians' within the conteA,of Minn.'Stat. § 260.155, subd. is. The word 'custodian' meatior'pny person who is under a legal obligation to provide care and suWrt for a minor or who Is In fact providing cars and support fofs minor.', Minn. Star. 1260.015, subd. 14 (1`�. (emphasis added). ,,: " -1, ..,; -.. , . .. - :::. The cardinal princp]W all statutory construction is to ascertain and effectuate the legislai ore's intent. Mina. Star. § 645.16 (1990). The letter• of the law shallot be disregarded under the pmteu of pursuring the spirit. Id..7i0 wirts must presume the legislature used tbewords of a statute tfullyanddid not intend anabsurd result. Salmen r Clty of St *L281 N W.2d 355, 3610.8 (Minn. 1979) : • y r i Based upon the plain lan f these statutes, apppellants as'the foster parents have a right to partkipate in these proceedings. ' The definition of custodian includes both those who have legal and physical custody of a child. Isere, i0pellants have physical custody and do, in fact, provide care and support for the cbild. Appellants agreed with the county to provide care foi the child, and therefore they certainly should have a right to �itrticipate in "all proceedings on a petition' pursuant to Minn. Stat. § 760.155, subd. 1(a). .Respondent father argm the foster parrots do not have legal arstody of the child, are merely agents fathere county, and therefore cannot intervene as of right based upon li6inn. Stat. § 260.]55, subd. 1(a): " The intervention stoute, how- ever, does not require *'party have legal" custody, instead the party must only be a lawful custodian. Here the foster parents fall under the definition of oustodian and therefore they have the right to participate in the .termination proceedings ;We do not believe the legis I, lanne could have meantogiully intended the definition , 'of custody to extend go daycare providers or baby, ' ,. ,sitters as the dissent sth�g�sts: '. 1�? ti Children am . not r3 te1 by accident of birth. 1'130 best interests of e c131 chW should be the fort can z sideration, which oegtyssarily, includes a health yy en. vironment and the rich of biological patents. Hart,• . tbefostapamrats whishxyi, dfor thechild for over rs, two Yea are troublHd by the child's Florida place- _ x,t, r 2 went. Minn. Star. ¢260.155, subd. la clearly allows them an oppottunit� to inform the coal court of their concerns az purees to the praccedmg le[ Because no final Ldisposition has been made in this case, and the child Is only temporarily visiting his arm and uncle in Flaalda, we remand this case for an immediate deteraftation of final placement and bold the foster parents have a right to participate in that determination. „a- - D&CIS10N Foster parents are custodians of a minor child. ; Therefore, appellants have a right to participate in any a proceedings on a parental rights termination petition pursuant to Minn. Star. § 260.155, subd. la. Reversed and remanded. e. KALITOWSKI, Judge, dissenting [fully dissent. The trial court correctly determined that ants am out 'lawful custodians' undo Minn. Stet § 260.1 ubd.Ia( 1990) Kid there forecannot participate Inparental terminan togs as ■ matter d right While faster party may can ' alawfulautodianto providecareforachild are no more ass ai defined in Minn. Star § 260.015, 14 (1990) than day tern, baby sitters a others who provide child care for hit` }f it is Child's best interest to give greats rights ro faster is it is up to slature to explicitly do so, [trice ublic of the ante is for the to determine not the court. v. Flynn, 216 Mint. 35 , 13 N.W.2d 11, k-.&; 41A t Nicollet CouotY Mtda11Y. Judge Retvedjudge of the dbirici eomt, acting as judge of the Court of Appeals by appointment pursuant to Minn. Cons[ an Vl, § 2. . District Court NC7- 91-438 Dissenting, Schumacher, Judge St. Peter Herald, et a1, . i Mart R. Anfinsao -. s Lake Calhoun Professional 3 - Appeliants, } G d .it. Building u „•` _ , • is; 3109 Hennepin Avenue South Minneapolis, MN 55408 vs (Sty of St. Peter, r Grant K- Wacker Braodt k Wacker Respondent 219 W. Nassau a : of P.O. Bax 57 s, it- Pew. MN_51M rso� W'' - EXPEDiTED AND SAME -DAY DELIVERY, v STANDARD FIVE-DAY DELIVERY i 'TELEPHONE DEPOSITIONS r t,ASCIIANa 491 115 B. • FDVANCE AND CommutCEAPPE [.rATECouRTSEDMON MARcu 6,1992 - t Filed March 3, 1992 .' _ Office of Appellate Courts . SYLLABUS A notice of claim presented to a municipality pursuant to Mitts Stat. § 466.05 (1990) qualifies as protected nonpublic data under the plain language of Minn. Star. § 1339, subd. 2 (1990). An in camera review of the document by the trial judge provides a critical check on the discretion of the municipality's attorney to declare that a given notice of claim Is "retained in anticipation of a pending civil legal action." The attorney representing the party seeking disclosure of the notice of claim is not entitled to participate in this in camera review. Affirmed. Considered and decided by Schumacher, Presiding Judge, Kalitowski, Judge, and Mulally, Judge. OPINION MUI.ALLY, JUDGE (Hon- Richard Kelly, District Court Trial Judge) The trial court declared that the notice of claim received by the City of St Peter qualified as protected nonpublicor confidential data under Mim. Star § 1339, subd. I The trial court also denied counsel's request to participate In an in camera review of Pic . document. We agree and affirm. FACTS.' On June 24,1991, the St Peter City Council held a dosed meeting as permitted by the attorney-client privilege exception to the Min- nesota Open Meeting Law. See Minn. Stat. §'471.705, subd. 3 (1990). Appellants, the St. Peter Herald and the Fm Press of Mankato, requested information as to the purpose and subject of the meeting. The city attorney informed appellants that the city had recently received a notice of claim, pursuant to Man. Stat. § 466.05, in the form ci i a letter from a private attorney. The city attorney refused to provide copies of the letter to appel- lants and refused to provide specific Information about the claim, contending it was classified as private data under the Minnesota Government Data Practices Act; Minn. Stott. §§ 13.01 through 13.90 ( 1990). Appellants sought disclosure of the document. r - V - >' . On August 6, 1991, the trial judge heard oral arguments, and . decided to review the notice of claim in camera, as permitted by Mint. Stat. § 13.08, subd. 4. Appellants' counsel requested that they . be present during this review. The trial court denied their request. On August 9, 1991," the trial court issued an order denying appellants' request for disclosure on the grounds that the document was either protected nonpublic dataor confidential data under Minn. Stat. § 13.39. 1. Did the trial court err In concluding that the notice of claim is protected nonpublic or confi dential data under Minn. Stat. § 13397 2. Did the trial court err In excl uding appellants' counsel from an in camera review of the notice of claim? ANALYSIS The trial court ruled that the City of St. Peter need not release the Notice of Claim to the press because the document qualified as protected nonpublic or confidential data trader the Government Data Practices Act. The applicable portion of the Act reads: 1339 INVESTIGATIVE DATA Subdivision 1. Definitions. A "pending civil legal Action " in- cludes but is not limited to judicial, administrative or arbitration proceedings. Whether a civil legal action is pending shall be deter- mined by the chief attorney acting for the state agency, political subdivision or statewide system. - • Subd.2. Civil Actlona. Data collected by state agencies, political subdivisions or statewide systems as part of an active investigation undertaken for the purpose of the commencement or defense of a pending civil legal action, or which are retained In anticipation of a pend ling civil legal action, are classified as protected nonpublic data • • • [or] confidential. B12 Minn. Stat. § 13.39, subds. 1, 2 (1990) (emphasis added). The trial court, after conducting an in camera review of the notice of claim, concluded that the city attorney had not abused his discretion in deciding that within the meaning of the s19tute a civil legal action was pending and therefore the document need not be released to the newspapers. Black's Law Dictionary defines 'pending" as: Begun, but not yet completed; during; before the conclusion of; prior to the Completion of; unsettled; undetermined; in process of settlement or adjustment. Thus, an action or suit is "pending" from Its inception until the rendition of final judgment., See also Pen - dente lite. 1021 (5th ed. 1979) (emphasis added). Pendente lite is defined as: Pending the suit; during the actual progress of a suit; , during litigation. I - Id. at 1020 (emphasis added), Websier'i Dictionary defines "pend- ing" more broadly: . 1. remaining undecided; not "determined; not estab- -. lished. 2. Impending 1325(2d ed. 1983) (emphasis added). Webster's defines impending as: 1. hanging over. 2. about to happen; imminent or threatening. Id- at 912 (em .phasic added)., The trial court adopted this broader definition of pending,• including not only litigation already in progress, but also threatened litigation. We believe this broader construction best represents the legislature's intent. The statute protean data retained In anticipation of a pending civil legal action. While it may be impossible to anticipate some - thing which is already in progress, it is not Impossible to anticipate something which has been threatened. Because one canna an- ticipate a civil legal action once it has already commenced, the legislature must have intended the broader eonstnrctlon of "Pend - -ing" (including threatened civil legal action) to apply. The notice iof claim is an essential element of the maintenance of a civil legal action against the municipality. While it may be conceded that the wording of the statute is awkward, the legislative intent seems clear. Since the statute cannot be given more than one reasonable Inter- pnxation, it is not ambiguous. The notice of claim letter is protected data if it either commences or threatens a civil legal action. As to the status of the notice of claim, the trial court stated: It is the first step in litigation against a municipality and putts the city on notice that if the claim is not " resolved litigation will be commenced. 1 I '. (Emphasis added.) The trial cart also alluded to the purpose for the notice ofdaim requirement as stated in Hlrth v. V illage of Loag Prairie, 274 Minn. 76, 79,143 N. W.2d 205, 207 (Minn 1966): The principal purpose -• • • Is to protect against dis- . aiPa ton of public funds by requiring [notice] ! • • so " that [the municipality may ]••• investigate [the claim, and] settle those of merit without litigation. , " (Emphasis added). It appears the notice of claim is not generally considered as beginning the litigation process or as a step in the process. Additionally, this court has beld that the notice of claim provision does not toll the statute of limitations. Umnv. State, 451N.W.2d 213, 215 (Mim. App. 1990). In that case, the court cited Naylor Y. Minnesota Dally, 342 N. W.2d 632,634 (Minn• 1984), which stated that the purpose of the notice requirement is n allow thegovemment to settle claims without litigation. Larson, 451 N. W.2d at 215. The court went on to state: .. - Although the statute requires a claimant to give proper notice, it does not require that there be a delay between presentation of the claim and commencement of the Suit Id. (emphasis added} One can only infer from this language that the notice of claim does not initiate litigation. However, it does not necessarily follow that the trial court's conclusion that the notice of claim is protected nonpublic data Is 1. incorrect_ If the notice of claim threatens a civil legal action, and the document is then retained in anticipation thereof, the document falls within the language of Minn. Stat. § 13.39, subd. 2 -The notice of claim. requirement is set down in Minn. Stat. § 466.05, subd. 1 (1990). The statute requires that a person making a ton claim against a municipality present to the municipality within 180 days of the alleged injury notice •f _stating the time, place and circumstance thereof, • and the amount of compensation or other relief ' demanded. Actual notice of sufficient facts to ,reasonably put the governing body of the municipality _ or its insurer on notice of a, possible claim shall be construed to comply with the notice requirements of ' this section. - Id. The parties agree that the jetter,to the City of St. pet a, which specifically mentioned Minn. Stat. § 466.05, qualifies as the "notice of claim' required by the statute. man. Stat. § 1339, subd. 1 states ihaithe atromey B&dag for the municipality determines whether a civil legal action is pending. Wbether, as a matter of pblic" such broad discretion is warranted Is not for this court to decide. It is a legislative matter., In any event, in this case, the city attorney was not given carte blanche to determine that the notice of claim letter was protected under the statute.. - .. After conducting an (A camera re'vi�v of the notice of claim, the trial court agreed with the:city attormey.that the document was protected by Minn. Star. § 13.39 because it was "retained in anticipa- tion of a pending civil legal action.' Here, this procedure provided a critical check of the city attorney's power under the statute. The In camera review provided both a safeguard against any abuse and also a judicial construction of the phrase "retained in anticipation of a pending civil legal action." The trial court found that the notice of claim letter was included within the meaning of this provision. Minn. Stat. § 466.05 requires that the notice of claim state the time, place and circumstances of the alleged Injury or loss and the amount of damages claimed. It appears that the notice of claim could very reasonably be described as data "retained in anticipation of a pend- ing civil legal action., TherefoM the trial court was correct is deciding that the document was protected nonpublic data within the meaning of Minn. Stat. § 1339. 2 Appellants allege that the in camera review of the document essentially determined the case on the merits, and counsel should have been allowed to par- ticipate in the review and present arguments as to whedW or not the document fell within Mien. Star. § 1339. Appellants attempt to distinguish State r. Paradee, 403 N. W.2d 640 (Minn. 1987), which stated that the trial court need not allow counsel to participate in an in camera review of privileged evidentiary material. Id -at 642 Appellants argue that the present case is distinguishable because the document itself is the basis of the dispute, not merely potential evidence . in the dispute. Appel [ants have cited no case recogniz- ing this distinction as crucial, bowever: The purpose of an in camera review is to allow the trial judge to view an item Independently. This pur- pose would be frustrated lfopposingeotmsel were also Paofrss allowed m review the document. Such a procedure . time, with would no longer be an in camera review. Therefore, COMPRESS the trial court did noterr in denying appellants'counsel aaves the e participation in the in camera review. Haeurr -2 The notice of claim letter falls within the language staff to sery stating that data "retained in anticipation of a pending the also oM civil legal action" are classified as nonpublic data. The, • sophis4ca legislature, in attempting to balance the public's tight • Fuler-th to information with the municipalities' right to settle Grealer u disputes efficiently without extensive litigation, in- ' tended that a notice of claim would be protected. Conferee Whether such protection will in feet signi5cantly ' Increase the municipalities' ability to settle the dispute. ' whhou litigation is not for this court ro decide- 'lbe public will have access to any settlementof the dispute, f and to documents relating to formal litigation proceedings. Thus, the public's interest in receiving information about its government is not denied, but instead only delayed. The Government Data Practices Act was apparently enacted to strike a balance between the sometimes competing interests of t public in scrutinizing its government and of the government t effectively and efficiently settling its disputes. The notice of claim letter falls within the plain language of Minn Star. § 1339, subd. 2 Whether the statute is overbroad and should be: more narrowly tailored is a policy decision within the legislative function. As the statute currently reads, the trial court was correct in deciding the notice of claim letter is protected.data, particularly in light of the fact that the trial court conducted an in camera review of the document m determine independently ,whether it fell within the language of the statute.' For cases specifically advocating the use of in camera reviews when determining whether information in municipalities' police Internal af- fairs files was discoverable to the opposing ply. �- Ericlwa r. - MacArthur, 414 N. W.2d 406,409 (Minn. App. 1987) (civil case); Stale v. hooch, 392 N.W.2d 700, 705-6 (Minn. App, 1486); State v. Hop- - p�, 367 N.W2d 546,549 (Minn. App. 1985) (criminal eases} DECISION The trial courtdid not err in deciding that the notice of claim letter was protected nonpublic data under Minn Star. §.1339, subd. 2 The in camera review provided ajudicial analysis of the'reasonable ness of the city attorneys claim that the notice of claim letter was retained in anticipation. of a threatened civil legal action: Appellants' counsel did not have the right to participate in the in camera review of the docunreai: ` - Affirmed. 1 SCHUMACHER, Judge (cGzniing) I respectfully dissent because 1 do not believe the legislature ever Intended that a notice of claim would be protected nonpublic or confidential data under Minn. Star. § 1339 (1990). I also believ, that the 'plain" language of, the statute does not force this court * frustrate the legislature's intent. Therefore, the newspapers should be allowed access to the notice of claim let ter. ' La can 7 �Te "Minnesota's Most Innovative and Professional Colir't Reporting Service ". - - —!ww & Pouncs- tonnt rt:groawwctt —We're dedicated to getting thejob done right the first that stroke of genius you expect. - - - n Tawscatrrs— Reduces paper weight and volume by 93%, faster to read, nvbonment - 0 experienced reporters, RPR and Certificate of Merit Status, plus a large e your immediate needs, specialize in all areas of litigation. er �: - ted Gtlgation software: - ... - an-ever turnaround; and - - - . - ... - i _ - ae of video and telecommunications ___.Mi neapolis /St. Louis Park, 591 -0535 Bloomington, St Paul. Anoka, I; FINANCEANDCOMMERCE APPELLATE COURTS EDITIOri MARCH 6 1992 The critical clause of Minn. Stan- § 1339 as far as this dispute is be considered an effective judicial check on the clearly overbroad concerned is the 'retained in anticipation of a pending civil legal discretion granted to the city attorney to determine whether a civil action" language in subdivision 2 I believe it cannot be argued that legal action is pending. In order forsuch a review to be meaningful, counsel phrase is anything but ambiguous. The majority concedes that the court would have to allow ctnsel for the parties to participate ` the term 'pending' is subject to two definitions. This seems to me and present arguments outlining how the language used in the to unquestionably constitutes patent ambiguity. The majority main- specific document either does or does not *threaten litigarion•'This taro that because adopting one o f the definitions would render the is not asituation wherein the trial court is merely analyzing proffered statute nonsensical, the court must adopt the alternative definition evidence to determine its admissibility in a trial. Rather, the doeu- of pending.' The resulting oonstruction, however, remains some- ment being analyzed is the actual subject of the dispute. what nonsensical. The public has a right to know when a citizen has alleged its The court is left with a statute which protects not only data government has committed a legal wrong. The newspapers should retained once a lawsuit has been threatened but also protects the be allowed to see the notice of claim letter as Minn. Stat. 113.39 thmt itself. The majority states that the notice of claim "threatens' was not meant to protect such a document. litigation. Tbe majority also contends that the notice of claim is data retained anticipating litigation which has already been threatened. - :!, ,_ • , .- I believe the statute intended to protect material gathered after the COURT OF 'APP E A L S threat has been received, not material gathered up to and including the threat ItselL CIVILOPINIONS The statute was designed to protect the municipality from being UNPUBLISHED forced to 'tip its hand " -in structuring its potential lawsuit. The This opinion will be on municipality would be placed at a great strategical disadvantage if P unpublished thecomplaining partycould discover its tactics and evidence merely ' may not be cited except as provid y picking u a news .- Minn. Stat. § 480A.08, subd.3 by P B P paper or taming on the television. However, y ) when the complaining party already knows the contents of the datat r at issue, m is the case here, the municipality is placed at no strategic •^.� ilk�j"E _ disadvantage whatsoever by revealing the contents of the data. The city argues that lawsuits involving governmental entities can be solved more efficiently and economically outside the scrutiny of the general public Such candid rationalization is frightening. The city is basically contending that governmental cover -Incas save the Itasca Co tigly Pazker city time and money. This is undoubtedly true. Governmental C,e��tt � , cover -ups also save the qty's officials from embarrassment and District File F3901437 accountability. It seems fundamental that a representative - democrary cannot function without an informed continency. y� Convincing the constituency of this truism is no easy task. When In Re th ; Be of t •the public actively seeks information about its government's Lynda Marie cape, Shia M. Bradt functioning, then, every effort should be made to accommodate this Petition" t & Ewen, PA interem Arguing that the public will eventually discover a settle- n East Itasca Stmt went or active litigation does not adequately address the issue. A Appellant, �` 1,;, and Rapids, MN 55744 claimant can wait several years before formally bringing suit and VS' $ r ' settlements on notices of claim could occur years after the alleged,_ be Rort Glen Trapp4 ;� Thomas S. Benton .- wrongdoing. little or no accountability is left for the responsible ,4 515 Second Avenue Northeast government officials or departments at this later time. _ Respondent ; Grand Rapids, MN 55744 The City also urges that the public has a tendency to Inject FiledMerch3 1992 extraneous issues into a lawsuit, clouding the actual dispute, If the Office of Appellate 199 Courts Y municipality believes a particular lawsuit is being muddied by Affirmed as mod' irrelevant or tangential issues, the municipality certainly has the ' opportunity to inform the public of this belief. It seems equally Considered and degded by Parker Presiding Judge, Cnppen, likely, however, that the public will more readily recognize the "big Judge, and Harteu, J911ge. picture' projected by the lawsuit, seeing the forest for the trees, and UNPUBLISHED O PINION the Issues claimed to be extraneous 'and irrelevant by the PARKER, JUDGE'(Hon W$liam Spooner, District Court Trial municipality will actually be the more Important policy conidera- Judge) ^+ - •- tions the city would like to avoid. hisonly byexposingand Robert and L)ida Trappe �wae mared in August 1979. The addressing the inadequacies and inequities within a governmental district court hwrd the dissolution in May 1991, and the judgment entity that a governmental entity will truly be 'of the people, by the and decree weft filed on June 27,1991. After both parties moved people, and for the people.' The City of St. Peter would rather _ for amended Wilings and Lynda proved for a new trial, the district sweep the dispute at hand under the rug and hope that any larger court filed Amended decree and denied the motion for new trial. issues this dispute might involve will just go away. I find this On appe4tynda argues that the dirt court erred in failing (1) extremely unlikely, to make an$mnediate award of maintenance; (2) to order Robert to The majority seems to agree that the policy rationalization provide bar with health insurance; (3) to order Robert to provide behind shielding the notice of claim from publiescrutiny are at least uncondilidnal health and dental insurance for the children; (4) to tenuous. Yet the majority also states that such policy determination award a distribution of Robert's savingsarrdsecurityaorotmt;(S) are for the legislature It appears, however, that the majority has to award her one -half of assets that she alleges Robert wrongfully nonetheless taken it upon themselves to edit the confusing phrase dissipated; and (6) to award her all of the attorney fees and costs that 'retained In anticipation of a pending civil legal action" to make the she has incurred in this litigation phrase intelligible. The majority has basically ignored the word Robert counters on appeal, arguing that the district court erred in • nding' and allowed the statute to protect all data "retained in (1) awarding permanent maintenance to Lynda to begin when anticipation of a civil legal action' Rewriting poorly Crafted Robert's child support obligation ceamoris reduced; (2)awarding statutory language seems to be as much a function of the legislature Lynda a disproportionate share of the marital assets; (3) failing to as analyzing the likely policy ramification of a statute. award him a claimed nonmarital portion of his retirement account; Additionally, the in camera review by the trial court should not and (4) awarding Lynda $2,000 in attorney fees ato costs. B14 0 MEMORANDUM DATE: MARCH 19,1992 TO, Mayan and Coma FOR YOUR INFORMATION FROM: George F. Field, Fro Mesl SUBJECT: ADOPTION OF THE 1986 FIRE CODE -FOR YOUR INFORMATION The item of the adoption of the 1988 Code has been on the agenda several times and it would probably would be more appropriate now to waft until the 1991 Fro Code is adopted by the State which should be some time in 1992. :7' . ... . v ..... .. ...: ff you have any questions regarding this item please contact me. Dsim cc: gad Emans, Fre Chief • MINUTES HUTCHINSON FIRE DEPARTMENT REGULAR MEETING Monday, March 2, 1992 The meeting opened at 8:30 p.m. Gary reported engineers meeting will be switched to the 4th Monday of the month. Fire Prevention Open House is set for September 19, 1992. The following bills and runs were read: BILLS CITY AND RURAL BUDGET Bennet once Supply 10.00 Popp Electric 78.00 15D 'x423 23.75 Hutch Tech College 375.00 Ink spots 19.18 McLeod Co. FC Assn 100.00 Zee Medical Supplies 39.00 Hutch Tech Col Iege 200.00 Ideal Shoe Shop 10.00 Olson's Locksmith 10.00 Franklin Printing 3.87 Automation Supply 12.88 American Bristol 131.56 Two Way Comm 95.55 Coast to Coast 3.18 Coast to Coast 21.99 Coast to Coast 1.04 Coast to Coast 5.51 • Total $ 1,140.55 F I AM 105.00 Sewing Basket 7.85 Greenbri ar 192.95 KDUZ 58.25 KKJR 58.25 Northland Bev 25.50 Hutch Leader 55.28 Mike Schuetze 29.60 Dan Steele 54.38 Highliners 75.00 Cashwise 60.39 3 star services 22152 TOTAL $ 943.97 11.11111h. &i 2/1 Sladek 2/27 Peterson 2/3 10 -52 2/28 Boettcher 2/3 Burns Manor 2/29 Evergreen 2/6 Greencastle 2/3 Drlll /meeting 2/8 Cogley 2/ 10 Communication Drill 2/ 10 Compton 2/ 1 1 Governor's standby 2/13 Hospital 2/12 Chief's meeting 2/14 Plath 2/ 15 FIAM tours 2/14 Underground 2/16 Pump Instruction 2/17 Burns Manor 2/17 SCBA dri 11 2/18 10-52 2/ 19 Special Drill Cleanup 2/21 Johnson 2/20 Town board meeting 2/22 Medical 2/26 Engineer's Drill 2/24 Kokesch 2/27 Peterson A motion was made and seconded to approve bills and runs. A 0 0 n u Motion was made and seconded to remove Jon Burks from reserve list. Motion was made and seconded to remove Richard Rogers from reserve list. Jerry Bollin was voted on to full time permanent status with a I year probationary period. Brad reported no one should be talking about medical cal Is. Medical runs will now be running with a 4 -man crew for the present time. The meeting adjourned at 9:30 p.m. Submitted by, Bob Schantzen Secretary 0 • E HUTCHINSON SAFETY COUNCIL MINUTES The monthly Hutchinson Safety Council meeting was held at noon, February 24, 1992 at the McLeod County Heritage Center. There were sixteen members attending. President George Field opened the meeting. The January minutes were approved as submitted. Old Business: Mark Seth asked trees are obstructing It was noted that the view of the railroad Mills. for clarification concerning where the the road north of Harris Pine Mills. trees are actually obstructing the track towards the East near Harris Pine New Business President Field asked for ideas on programs or displays for the County Fair. Duane Hoeschens said that last year the children's safety coloring books were popular items for handout. Duane was given a listing of safety brochures available for handout at the Fair and was asked to review and suggest brochures to order. Les Smith will check on possible Safety Council displays. 2. Randy Exstad reported that the school will be doing a bike safety program in the Spring. 3. Jim Faber reported that the number of fires caused by wood burning stoves are down from last year. 4. The Thompson farm accident and PTO safety was discussed. It was felt that the media missed the opportunity to educate the public about farm safety and how to prevent such accidents. Jim Faber Rill look into if a display is available on PTO safety to use at the Fair. 5. Carbon Monoxide detectors are available and can be picked up at City Hall or Hutchinson Utilities office. 6. Emissions from 3M smoke stacks are of concern; Duane Hoeschens explained that the emissions are of low toxicity and that benzene is not one of the pollutants. The next meeting will be held on Monday, March 30, 1992 at noon at the Heritage Center. Checking Balance: $469.36 Savings Balance: $192.59