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cp01-28-1992 c
J C6 - v VIEF!: O January 26 February 1 � .. -29- 10:00 A.M. - Directors Meeting at City Hall SUNtDAY -26- THURSDAY -30- 5:00 P.M. - Park & Recreatio 5:30 P.M. - Tree Board Meeting Board Meeting at at Recreation Cente Library Conferen e Room I X r40►NDAY -27- Noon - Safety Council Meeting at Heritage Center 1:00 P.M. - Utilities Commiss Meeting at Utilities • w r- r -� ay t -28- 7:30 P.M. - Airport Commission 7:30 P.M. - City Council Meeting at City Hall Meeting at City (Upstairs) Hall FRIDAY SAT U. DAY -31- 1 -1- OUT OF T014N a RANDY DEVRIES & DOUG MEIER - Tour of Chicago Factory - January 28 -29 y 1 r AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 28, 1992 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Jim Hall, Word of Life Church 3. Consideration of Minutes Regular Meeting of January 14, 1992 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - December 1992 2. Planning Commission Minutes - December 17, 1991 (b) Appointments to Senior Advisory Board 1. Ceila Ziemer 2. Loretta Pishney 3. Mildred Jensen Action - Motion to order report and minutes filed and ratify appointments 5. Public Hearing - 8:00 P.M. (a) Letting No. 1, Project No. 92 -01, 92 -03 & 92 -04 Action - Motion to close hearing - Motion to reject - Motion to approve and order plans and specifications - Motion to waive reading and adopt Resolution 6. Communications, Requests And Petitions None 7. Resolutions And Ordinances (a) Resolution No. 9653 - Resolution Transferring $23,000 From The General Fund To The Youth Center Special Revenue Fund Action - Motion to reject - Motion to waive reading and adopt CITY COUNCIL AGENDA - JANUARY 28, 1992 (b) Resolution No. 9654 - Resolution Substituting Pledged Securitites for Citizens Bank & Trust Co. of Hutchinson, MN Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of McLeod County Offer to Purchase Property from City of Hutchinson (Parcel 3, Plat 26, CSAH 8) (DEFERRED JANUARY 14, 1992) Action - Motion to reject - Motion to approve (b) Discussion of Petro Fund And Agreement with Omar Collis (DEFERRED JANUARY 2, 1992) Action - 9. New Business (a) Consideration of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service (b) Discussion of Sale of Stock of Star Midwest, Inc. Action - (c) Consideration of Pay Equity Report Action - Motion to reject - Motion to approve and implement (d) Consideration of Policy Updates for Police Department Action - Motion to reject - Motion to approve (e) Consideration of Rescheduling February 11, 1992 City Council Meeting Action - (f) Consideration of Setting Public Hearing Date for Establishing Tax Increment Financing District Action - 2 0 CITY COUNCIL AGENDA - JANUARY 28, 1992 (g) Discussion of Fair Ground Property Annexation Action - (h) Consideration of AWAIR Safety Manual Action - Motion to reject - Motion to approve (i) Consideration of Lease Condemnation for Laundromat Located In Former Elks Club Building Action - Motion to reject - Motion to approve (j) Consideration of Authorizing City Attorney to Provide Notice for Wigen Building Acquisition Action - Motion to reject - Motion to approve (k) Consideration of Authorizing City Attorney to Provide Notice for Railroad Property Acquisition Action - Motion to reject - Motion to approve 0 (1) Consideration of Advertising for Bids for Purchase of Equipment Action - Motion to reject - Motion to approve (m) Consideration of Dispatch Supervisor Position In Police Department Action - Motion to reject - Motion to approve (n) Consideration of Amending Transient Merchant Ordinance Action - Motion to reject - Motion to approve and waive first reading of ordinance and set second reading for first meeting in February (o) Consideration of Adoption of Proposed Zoning Ordinance #464 with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive first reading of ordinance and set second reading for first February meeting • 3 CITY COUNCIL AGENDA - JANUARY 28, 1992 (p) Consideration of Amendment to Subdivision Ordinance Regarding Public Sites And Open Spaces with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive first reading of ordinance and set second reading for first February meeting (q) Consideration of Annual Review of Conditional Use Permit Requested By Jeff Munsell for Dance Studio with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds - 12. Adjournment 4 • MINUTES REGULAR.,MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 14, 1992 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Council Members John Mlinar, Marlin Torgerson and Don Erickson. Absent: Council Member Craig Lenz. Also present: City Admin- istrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Jim Hall. INSTALLATION OF NEWLY ELECTED COUNCIL MEMBER AND POLICE COMMISSION MEMBER City Attorney Anderson administered the Oath of Office to newly elected Council Member Donald E. Erickson and Police Commission Member Kathleen Skarvan. 3. MINUTES The minutes of the public hearings of the regular meeting of November 26, 1991, regular meeting of December 10, 1991, special meeting" of December 17, 1991, special meeting of December 30, 1991 and January 2, 1992 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - AMENDED OCTOBER 1991 AND DECEMBER 1991 2. SENIOR ADVISORY BOARD MINUTES OF NOVEMBER 21,.1991 3. PARK & RECREATION BOARD MINUTES OF OCTOBER 30, 1991 4. PLANNING COMMISSION MINUTES OF NOVEMBER 19, 1991 (b) POPCORN STAND PERMIT APPLICATION BY MARK MCGRAW (c) FINANCIAL STATEMENT - NOVEMBER 1991 (d) APPLICATION FOR GAMBLING LICENSE FOR ELKS • The motion was made by Council Member Torgerson, seconded by Council Member Mlinar and unanimously carried, to N CITY COUNCIL MINUTES - JANUARY 14, 1992 order reports and minutes filed and to issue gambling license. Following discussion regarding the popcorn stand located in Library Square, the motion was made by Council Member Erickson, seconded by Council Member Mlinar and unani- mously carried, to deny the popcorn stand permit to Mark McGraw for the popcorn stand. 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REQUEST BY STREET SUPERVISOR TO ATTEND OUT -OF -STATE PAVEMENT MAINTENANCE SEMINAR FEBRUARY 7-9, 1992 The motion was made by Council Member Torgerson, seconded by Council Member Erickson and unanimously carried, to approve the request. (b) REQUEST FOR OUT -OF -STATE TRAVEL TO REVIEW SEWER JETTER AND VAC MACHINE AT CHICAGO FACTORY The motion was made by Council Member Torgerson, seconded by Council Member Erickson and unanimously carried, to approve the request. (c) DISCUSSION OF JOINT METER READING BETWEEN CITY AND HUTCHINSON UTILITIES Utilities Manager Clarence Kadrmas and Director Randy DeVries presented the proposed water meter change out program. Following discussion, the motion was made by Council Member Torgerson, seconded by Council Member Mlinar and unanimously carried, to approve and implement the pro- gram. (d) DISCUSSION OF FIVE WEEK VACATION BENEFIT AFTER TWENTY YEARS OF CITY EMPLOYMENT Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Mlinar and unanimously carried, to refer to the Employee Benefits Committee and to defer to the February 11, 1992 Council meeting. 2 CITY COUNCIL MINUTES - JANUARY 14, 1992 (e) REQUEST TO USE LIBRARY SWQUARE ON JANUARY 22, 1992 FOR PRO -LIFE RALLY Following discussion, the motion was made by Council Mem- ber Erickson, seconded by Council Member Torgerson and unanimously carried, to approve request. (f) CORRESPONDENCE FROM DONALD GILBERTSON REGARDING CITY SEWER LINE During discussion Engineer Rodeberg stated the City had made every effort to remedy the Gilbertson sewer line problem. Mr. Gilbertson submitted a claim for $1100 -1200 for repair work done which was deducted from his assess- ment. The motion was made by Council Member Torgerson, seconded by Council Member Erickson and unanimously carried, to reimburse Gilbertson for one -half the installation cost for additional plumbing. (g) DISCUSSION OF PROPERTY LOCATED AT 140 WASHINGTON AVE. N. Realtor Larry Meyer offered to sell the City an eight unit apartment building located at 140 Washington Avenue N., with six units facing Jefferson Street. Attorney Anderson stated there was no commitment by the City, but the Dorsey law firm would be instructed to in- clude this property in the tax increment district. Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Mlinar and unanimously carried, to refer to HRA. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9644 - RESOLUTION FOR PURCHASE The motion was made by Council Member Mlinar, seconded by Council Member Torgerson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9645 - RESOLUTION TO RENAME WEST RIVER PARK TO MASONIC PARK The motion was made by Council Member Torgerson, seconded by Council Member Erickson, to waive reading and adopt. Following discussion of changing the names of developed 3 CITY COUNCIL MINUTES - JANUARY 14, 1992 parks, Councilmen Torgerson and Erickson withdrew their motions. The Resolution was referred back to the Park & Recreation Board for further review and action deferred. (c) RESOLUTION NO. 9646 - RESOLUTION TO RENAME COLLEGE HILL PARK TO MAPLEWOOD PARK The motion was made by Council Member Torgerson, seconded by Council Member Mlinar and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9647 - RESOLUTION RESCINDING RESOLUTION NO. 9603 The motion was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) DISCUSSION OF REDISTRICTING CITY PRECINCTS Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Mlinar and unanimously carried, to approve the three precincts as presented in three districts. (b) CONSIDERATION OF 1992 BUILDING PERMIT FEE SCHEDULE (DEFERRED DECEMBER 17, 1991) Building Official Jim Marka presented information regard- ing the building permit fee schedule. Following discus- sion, the motion was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously car- ried, to approve the fee schedule and seven percent in- terest in building inspections and to waive reading and adopt Resolution No. 9652. 9. NEW BUSINESS (a) CONSIDERATION OF MCLEOD COUNTY OFFER TO PURCHASE PROPERTY FROM CITY OF HUTCHINSON (PARCEL 3, PLAT 26, CSAH 8) Following a presentation by County Engineer Rick Kjonaas, the motion was made by Council Member Mlinar to table to the January 28, 1992 meeting. Motion seconded by Council Member Torgerson and unanimously carried. 4 0 CITY COUNCIL MINUTES - JANUARY 14, 1992 (b) CONSIDERATION OF AMENDED MN /DOT STATE AID AGREEMENT FOR HUTCHINSON MUNICIPAL AIRPORT Following discussion, the motion was made by Council Mem- ber Erickson, seconded by Council Member Torgerson and unanimously carried,. to approve and enter into amended agreement. (c) DISCUSSION OF LIQUOR STORE PROPOSAL FROM GRINSTEAD & ASSOCIATES Administrator Gary Plotz reported on the liquor store proposal submitted by Grinstead & Associates. Follow- ing discussion, the motion was made by Council Member Torgerson, seconded by Council Member Mlinar and unani- mously carried, to approve the Grinstead study and to allow the City Administrator to delete unnecessary items. (d) DISCUSSION OF WELLNESS COMMITTEE RECOMMENDATIONS Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Mlinar and unanimously carried, to refer to the Employee Benefits Committee and to defer to the February 11, 1992 Council meeting. (e) DISCUSSION OF CROW RIVER DAM ENGINEERING EXPENSES Engineer John Rodeberg commented on the overrun costs in- curred by Barr Engineering on the Crow River dam work. The Engineer recommended a $7,000.00 payment to Barr Engineering. Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Mlinar and unanimously carried, to accept the recommendation of the City Engineer for a $7,000.00 payment. (f) DISCUSSION OF RELOCATION OF CSAH 12 (GOLF COURSE ROAD) Following a report by Engineer Rodeberg, the motion was made by Council Member Erickson to approve the concept. Motion seconded by Council Member Mlinar and unanimously carried. (g) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMEMNT FOR LETTING NO. 1, PROJECT NO. 92 -01, 92 -03 & 92 -04 1�1 E CITY COUNCIL MINUTES - JANUARY 14, 1992 Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Erickson and unanimously carried, to approve and accept report, to set hearing for January 28, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9648 & No. 9649. (h) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR LETTING NO. 3, PROJECT NO. 92 -05 & 92 -06 Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Mlinar and unanimously carried, to approve and accept report, to set hearing for February 11, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9650 & No. 9651. (i) DISCUSSION OF CORRESPONDENCE FROM LANDWEHR HEAVY MOVING REGARDING CITY PIT Engineer Rodeberg reported on Landwehr's request for $2,500 to cover additional costs incurred by their com- pany to search for granular borrow at the City pit. Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Erickson and unanimously carried, to reject. 0 (j) CONSIDERATION OF VACATION OF GAUGER STREET REQUESTED BY TOM WIPRUD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DECEMBER 17, 1991 MEETING) Following discussion, the motion was made by Council Mem- ber Erickson, seconded by Council Member Mlinar and unan- imously carried, to approve the unfavorable recommenda- tion of the Planning Commission. (k) CONSIDERATION OF SKETCH PLAN REQUESTED BY DAN HUEBERT, ACOMA TOWNSHIP, WITHIN TWO MILE RADIUS, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DECEMBER 17, 1991 MEETING) Following discussion, the motion was made by Council Mem- ber Torgerson, seconded by Council Member Mlinar and unanimously carried, to approve the recommendations of City staff. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR M is • CITY COUNCIL MINUTES - JANUARY 14, 1992 Administrator Plotz commented on a letter received from Bill Block regarding the agreement with Hutch, Inc. The City Attorney stated he would present a proposal to Mr. Block on behalf of the City. It was reported the City Attorney wished to attend a sem- inar covering City issues and requested the City pay for the registration. The motion was made by Council Member Mlinar, seconded by Council Member Torgerson and unani- mously carried, to approve the seminar at City expense. Mr. Plotz stated the local cess of being sold, with suggested this matter be visory Committee. cable TV firm was in the pro - a transfer of ownership. He referred to the Cable TV Ad- Administrator Plotz inquired if the Council wished to hold joint meetings with various boards this year, as in the past. The following meetings were tentatively set: January 27, 1992 at the Victorian Inn: 5:30 P.M. -- Utilities Commission 7:30 P.M. -- Township Boards • February 10, 1992 at The Coach: 6:30 P.M. -- H.C.D.C. Board 7:30 P.M. -- Meeting with County Representatives February 11, 1992: City Directors (b) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Councilman Mlinar reported that Ralph Johnson had attended a Park & Recreation Board meeting to express appreciation for the donation to the baseball complex which would benefit the community and provide for the youth of the city. (c) COMMUNICATIONS FROM COUNCIL MEMBER MARLIN.TORGERSON Councilman Torgerson commented on an upcoming meeting and suggested setting up criteria for sanitation specifica- tions for a contract. Mayor Ackland stated he planned to appoint a refuse and recycling committee. This committee would prepare a recommendation for the City Council. • (d) COMMUNICATIONS FROM CITY ATTORNEY 7 CITY COUNCIL MINUTES - JANUARY 14, 1992 Attorney Anderson reported on environmental testing results in the downtown development area. There were no significant findings. He suggested further tests be per- formed by Twin City Testing for $3,300. The motion was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried, to ap- prove testing by Twin City Testing. The City Attorney stated the Council approved asbestos findings at the last meeting. No additional testing was required. There were no findings in the Wigen's build- ing, but the More -4 floor tile showed asbestos findings. It would cost $2 -4 a square foot to remove it. It was reported that a meeting was held with Erickson's and the Everest Group regarding the Phase II development agreement. The cross easement issue may be resolved. Soil borings and topographical work at the site were requested. It may need a 429 assessment waiver and use of default language in the agreement. Also, they re- viewed the lease and issues regarding the liquor store. The City Attorney recommended a proposal from Short Elliott Hendrickson to do a study of the More -4 build- ing to determine it could be remodeled. Attorney Anderson stated he would verify whether a public hearing was required for municipal redistricting. The motion was made by Council Member Erickson to authorize a public hearing at the earliest possible opportunity, if required. Motion seconded by Council Member Torgerson and unanimously carried. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS '(a) VERIFIED CLAIMS The motion was made by Council Member Torgerson, seconded by Council Member Mlinar and unanimously carried, to ap- prove the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:40 P.M. 8 • v DECEMBER 1991 - PRELIMINARY 0 REVENUE REPORT CITY OF HUTCHINSON FINANCIAL REPORTS YOUTH CENTER - "DRY DOCK" (1/28/92)' DECEMBER 1991 MONTH OF YEAR TO BALANCE PERCENTAGE DECEMBER DATE ACTUAL BUDGET REMAINING USED MEMBERSHIPS 0.00 220.00 1,000.00 780.00 22.0% ADMISSIONS 0.00 2,099.50 3,500.00 1,400.50 60.0% VIDEO GAMES 0.00 41.24 800.00 758.76 5.2% POP 88.10 1,221.10 2,800.00 1,578.90 43.6% CANDY 72.40 1,328.95 1,100.00 (228.95) 120.8% CHIPS, ETC. 165.50 2,559.92 2,800.00 240.08 91.4% INTEREST 18.37 179.05 500.00 320.95 35.8% BLDG RENTS 0.00 0.00 0.00 FUND RAISERS 0.00 0.00 0.00 CONTRIBUTIONS 10,500.00 53,550.00 53,656.00 106.00 99.8% TOTAL 10,844.37 61,199.76 66,156.00 4,956.24 92.5% EXPENSE REPORT PERSONEL SERVICES 2,152.98 26,678.77 24,359.00 (2,319.77) 109.5% OPERATING SUPPLIES 23.80 4,457.18 4,500.00 42.82 99.0% OTHER SERVICES & CHARGES 798.24 32,804.05 36,300.00 3,495.95 90.4% MISCELLANEOUS 0.00 634.24 1,000.00 365.76 63.4% CAPITAL OUTLAY 0.00 120.00 0.00 (120.00) TOTAL • 2,975.02 64,694.24 66,159.00 1,464.76 97.8% YOUTHCTR DECEMBER 14 DATES • 399 ATTENDANCE Y.T.D 4,779 ,�- A (1- 1) r DECEMBER 1991 - PRELIMINARY CITY OF HUTCHINSON FINANCIAL REPORT - 1991 DECEMBER 19 ENTERPRISE FUNDS (1/28/92) RE NUE REPORT - LIQUOR FUND MONTH OF YEAR TO ADOPTED BALANCE PERCENTAGE DECEMBER DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 60,470.93 468,383.43 435,000.00 (33,383.43) 107.70 WINE SALES 27,572.79 137,914.71 151,000.00 13,085.29 91.3% BEER SALES 65,495.27 760,525.45 701,400.00 (59,125.45) 108.4% BEER DEPOSITS (50.81) (685.55) 0.00 685.55 13.6% MISC. SALES 5,405.45 52,055.25 40,895.00 (11,160.25) 0.0% INTEREST 703.33 9,713.45 7,500.00 (2,213.45) 129.5% REFUNDS & REIMBURSEMENTS 110,788.75 106,084.52 0.00 (106,084.52) 100.7% CASH DISCOUNTS (542.52) (7,049.61) (1,500.00) 5,549.61 0.0% TOTAL 159,054.44 1,526,941.65 1,334,295.00 (192,646.65) 114.4% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 10,690.13 141,526.43 128,181.00 (13,345.43) 110.4% SUPPLIES, REPAIR & MAINTENANCE 657.82 3,405.88 3,700.00 294.12 92.1% OTHER SERVICES & CHARGES 1,082.25 38,898.25 59,350.00 20,451.75 65.5% MISCELLANEOUS 0.00 1,167.50 8,600.00 7,432.50 13.6% CAPITAL OUTLAY 0.00 23,587.64 500.00 (23,087.64) 0.0% TR SFERS 55,000.00 110,000.00 110,000.00 0.00 100.0% C OF SALES 110,788.75 1,046,405.76 1,039,400.00 (7,005.76) 100.7% OT 0.00 0.00 5,000.00 5,000.00 0.0% TOTAL REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS WATER SALES WATER METER SALES REFUSE SERVICES REFUSE SURCHARGE SEWER SERVICES PENALTY CHARGES INTEREST EARNED S C O R E REFUNDS & REIMBURSEMENTS OTHER TOTAL EXPENSE REPORT - WATER SEWER /FUND R EO WATER SEWER WASTE TREATMENT PLANT CONSTRUCT. 178,218.95 1 1,354,731.00 (10,260.46) 100.8% 520,108.00 0.00 51,216.79 541,095.97 531,800.00 450.00 8,702.00 8,000.00 61,870.95 619,693.20 666,000.00 5,252.99 52,869.30 0.00 149,610.85 1,578,164.81 1,504,000.00 2,712.11 19,596.25 15,000.00 0.00 107,824.12 160,000.00 0.00 46,154.09 0.00 107.00 15,275.91 3,000.00 1,648.23 7,534.67 2,000.00 0.00 272,868.92 3,517,018.32 2,889,800.00 (520,108.00) (9,295.97) (702.00) 46,306.80 (52,869.30) (74,164.81) (4,596.25) 52,175.88 (46,154.09) (12,275.91) (5,534.67) 0.0% 101.7% 108.8% 93.0% (627,218.32) 58,075.96 751,390.47 687,850.00 (63,540.47) 9,000.58 564,966.10 827,636.00 262,669.90 38,367.47 1,256,563.41 1,787,035.00 530,471.59 0.00 0.00 0.00 104.9% 0.0% 67.4% 0.0% 376.7 121.7% 109.2% 68.3% 70.3% TOTAL 105,444.01 2,572,919.98 3,302,521.00 729,601.02 77.9% Mme; 1,954.70 44,771.86 39,591.00 (5 113.1% DECEMBER 1991 - PRELIMINARY CITY OF HUTCHINSON FINANCIAL STATEMENTS 165,354.00 DECEMBER 19 102.3% ELECTIONS (1/28/92) 4,678.43 4,612.00 (66.43) REVENUE REPORT - GENERAL FUND MONTH OF YEAR TO ADOPTED BALANCE PERCENTAGE 102.1% DECEMBER DATE ACTUAL BUDGET REMAINING USED q XES ASSESSING 0.00 21,500.00 21,500.00 0.00 100.0% 63,691.60 997,565.14 1,640,024.00 642,458.86 60.8% LICENSES 1,827.00 17,542.00 18,845.00 1,303.00 93.1% PERMITS AND FEES 2,611.79 145,275.55 93,300.00 (51,975.55) 155.7% INTER - GOVERNMENT REVENUE 876,248.02 1,933,134.20 1,364,648.00 (568,486.20) 141.7% CHARGES FOR SERVICES 180,681.20 633,473.14 622,414.00 (11,059.14) 101.8% FINES & FORFEITS 3,448.36 43,327.39 50,400.00 7,072.61 86.0% MISCELLANEOUS REVENUE 37,499.68 296,800.18 151,620.00 (145,180.18) 195.8% CONTRIBUTIONS FROM OTHER FUNDS 188,900.00 445,869.70 431,000.00 (14,869.70) 103.5% REVENUE FOR OTHER AGENCIES (1,343.62) 363.00 250.00 (113.00) 145.2% TOTAL 1,353,564.03 4,513,350.30 4,372,501.00 (140,849.30) 103.2% EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 1,954.70 44,771.86 39,591.00 (5 113.1% CITY ADM. /CITY CLERK 11,958.43 169,143.40 165,354.00 (3,789.40) 102.3% ELECTIONS 1,972.24 4,678.43 4,612.00 (66.43) 101.4% FINANCE 19,930.69 246,722.87 241,739.00 (4,983.87) 102.1% MOTOR VEHICLE 6,417.87 82,490.98 73,440.00 (9,050.98) 112.3% ASSESSING 0.00 21,500.00 21,500.00 0.00 100.0% LEGAL 283.50 41,458.58 42,000.00 541.42 98.7% PLANNING 1,671.90 8,232.41 2,100.00 (6,132.41) 392.0% Y HALL 3,528.86 43,176.13 43,362.00 185.87 99.6% CREATION BUILDING 3,538.26 56,761.42 60,137.00 3,375.58 94:4% POLICE DEPARTMENT 72,766.24 1,030,082.05 939,737.00 (90,345.05) 109.6% FIRE DEPARTMENT 3,161.81 126,281.16 123,245.00 (3,036.16) 102.5% SCHOOL LIAISON OFFICER 2,298.05 32,837.88 30,863.00 (1,974.88) 106.4% BUILDING INSPECTION 6,465.99 86,121.86 71,626.00 (14,495.86) 120.2% EMERGENCY MANAGEMENT 0.00 5,475.63 10,250.00 4,774.37 53.4% SAFETY COUNCIL 250.00 250.00 250.00 0.00 100.0% FIRE MARSHALL 3,572.07 48,283.78 49,848.00 1,564.22 96.9% ENGINEERING 17,736.17 253,151.42 267,031.00 13,879.58 94.8% STREETS & ALLEYS 44,194.43 404,888.34 412,517.00 7,628.66 98.2% STREET MAINTENANCE A/C 4,938.09 69,890.64 77,200.00 7,309.36 90.5% LIBRARY 1,013.06 71,086.72 72,804.00 1,717.28 97.6% SENIOR CITIZEN CENTER 6,247.20 86,685.32 91,005.00 4,319.68 95.3% PARK /REC. ADMIN. 7,759.06 106,523.39 103,124.00 (3,399.39) 103.3% RECREATION 6,002.25 147,549.53 153,146.00 5,596.47 96.3% CIVIC ARENA 15,543.88 133,281.94 128,445.00 (4,836.94) 103.8% PARK DEPARTMENT 30,881.41 436,217.34 402,751.00 (33,466.34) 108.3% CEMETERY 4,671.38 56,856.50 54,737.00 (2,119.50) 103.9% COMMUNITY DEVELOPMENT (2.51) 36,871.86 32,236.00 (4,635.86) 114.4% DEBT SERVICE 20,034.88 53,990.23 54,187.00 196.77 99.6% AIRPORT 16,567.58 210,151.18 200,297.00 (9,854.18) 104.9% TRANSIT 6,902.19 105,909.08 108,884.00 2,974.92 97.3% ENERGY COUNCIL 0.00 3.07 7,600.00 7,596.93 0.0% S C.D.P. COORDINATRO 10,110.51 297,049.77 39,526.00 (257,523.77) 0.0% di LLOCATED (32,566.66) 262,257.26 342,415.00 80,157.74 76.6% 0.00 TOTAL 299,803.53 4,780,632.03 4,467,559.00 (313,073.03) 107.0% MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, December 17, 1991 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the following members present: E1Roy Dobratz, Dean Wood, Clint Gruett, Roland Ebent and Chairman Bill Craig. Absent: Tom Lyke and Craig Lenz Also Present: Gary Plotz, City Administrator and John Rodeberg, Director of Engineering. 2. MINUTES Mr. Ebent made a motion to approve the minutes of the regular meeting dated Tuesday, November 19, 1991. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONTINUATION OF CONDITIONAL USE PERMIT REQUESTED BY JUNE REDMAN FOR CLUSTER HOUSING • There was discussion on the dead line for continuing the conditional use permit. Mr. Ebent moved to approve to continue the request to the April, 1992, Planning Commission meeting, seconded by Mr. Dobratz the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY FRANCIS CONDON ON HWY 15 N FOR COMMERCIAL AND MINI - STORAGE Chairman Craig opened the hearing at 7 :35 p.m. with the reading of publication #4328 as published in the Hutchinson Leader on Thursday, December 5, 1991. The request is for the purpose of considering a conditional use permit to allow for the construction of commercial and mini- storage located at Hwy 15 North. City Administrator Gary Plotz explained staff concerns being of drainage, borings, sewer and water to the property, also, the new proposed ordinance does not permit mini - storage in C -4 zone. Mr. Condon, applicant, commented on his proposal and the direction he should take with the property. He states he is willing to address the concerns in a positive way. Ms. Campa, owner of the Karate business to be housed in this development, explained the business expansion over the years. HUTCHINSON PLANNING COMMISSION MINUTES DECEMBER 17, 1991 There was discussion of the sewer and water issues to be addressed. Discussion followed on the possibility of "grandfathering -in" the request after the proposed ordinance is approved. City Engineer Rodeberg commented on the natural drainage on wetland sites. Mr. Gruett moved to continue the hearing to January 21, 1992, seconded by Mr. Wood the motion carried unanimously. (c) CONSIDERATION OF VACATION OF GAUGER STREET REQUESTED BY TOM WIPRUD Chairman Craig opened the hearing at 7 :45 p.m. with the reading of publication #4329 as published in the Hutchinson Leader on Tuesday, December 5, 1991 and Thursday, December 10, 1991. The request is for the purpose of considering a petition to vacate a portion of Gauger Street. City Administrator Plotz explained staff interpretation of the second building to be constructed on the property • and the fact the proposed ordinance does not allow a second accessory building on a property. He also noted concerns from neighboring property owners. City Engineer Rodeberg commented on fire access. Mr. Tom Wiprud explained the present driveway turnaround. There was discussion of the apartment house property. There was also discussion of the right -of -way of the street and no fire access. Mr. Ken Gruenhagen, owner of Hutch Motel, stated his opposition to the proposal for safety reasons. Discussion followed on maintenance of the street and the possibility of a variance. There was some discussion on attaching two accessory buildings with a fire wall. Mr. Ebent moved to close the hearing, seconded by Mr. Wood the hearing closed at 8:20 p.m. Mr. Ebent moved to recommend denial of the request to City Council and directed city staff and city attorney to research, before the first of the year, the possibility of a zero lot line addition to the garage. If a variance is appropriate the fee is to be waived. Seconded by Mr. Gruett the motion 2 0 HUTCHINSON PLANNING COMMISSION MINUTES DECEMBER 17, 1991 carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF SKETCH PLAN REQUESTED BY DAN HUEBERT, ACOMA TOWNSHIP, 2 MILE RADIUS City Administrator Plotz commented on the relocation of County Rd 12 and staff discussion regarding the developer contacting the county engineer for more detail of placement of the road. The Shoreland Ordinance may also affect the property. He stated the city is in favor of the development and willing to work with the developer. There was discussion regarding the potential of sewer and water to the area. Mr. Gruett moved to forward the recommendations of city staff on to the county, seconded by Mr. Wood the motion carried unanimously. (b) DISCUSSION OF SHORELAND ORDINANCE Mr. Plotz stated the Building Official, Jim Marka, is • requesting a 3 month extension for funding purposes. City Engineer John Rodeberg stated the DNR is working to get the ordinance completed by February 15th and explained some portions of the ordinance. 5. OLD BUSINESS (a) COMMUNICATION FROM BARRY ANDERSON REGARDING ANNUAL REVIEW OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR DANCE STUDIO Mr. Plotz commented on the history of the annual review and the hardsurfacing of the parking lot. There was discussion of the Florida Street access. It was the consensus of the Planning Commission to place the item on the January agenda. (b) UPDATE OF ZONING ORDINANCE DRAFT RECEIVED 9 -20 -91 Mr. Plotz stated the zoning ordinance will be ready for public hearing on January 21, 1992. HUTCHINSON PLANNING COMMISSION MINUTES DECEMBER 17, 1991 (c) COMMUNICATION FROM STAFF Mr. Plotz commented on correspondence from the county regarding a proposed development by Mr. Skip Quade. 6. ADJOURNMENT There being no further business the meeting was adjourned at 9:10 P.M. • 4 0 PUBLICATION NO. 4337 NOTICE OF ]TEARING Lh']'TIIiG NO. 1 PROTECT NO. 92 -01, 92 -03 & 92 -04 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.H. on the 28th day of January, 1992, to consider the making of an improvement of; Project No. 92 -01 Roberts Road from Dale Street to School Road by construction of Watermain, Storm Sewer, Grading, Gravel Base, Bituminous Base, Bituminous Surfacing and Appurtenances, Project No. 92 -03 Priebe Addition from Betker's 2nd Addition to Goebel Street by construction of Sanitary Sewer and Services, Watermain and Services, Street Improvements and Appurtenances; and Project No. 92-04 Betker's 2nd Addition - Hidden Circle, South of Roberts Road by construction of Sanitary Sewer and Services, Watermain and Services, Storm Sewer, Grading, Gravel Base, Curb and Gutter, Bituminous Base, Bituminous Surfacing and Appurtenances; pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated City Cost of said improvement is $81,600.00, the estimated State Aid Cost is $190,000.00, with an estimated $201,800.00 Assessable Cost, for the total estimated cost of $473,400.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: January 14th, 1992 City Adminis ator 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 IIiF+ORliED OF A TRUE REPRESENTATION OF OPINION. r 1 �J PUBLISHED IN THE H[TTCHINSON DEADER ON THURSDAY, JANUARY 16TH, 1992. .�- 7q. 1992 PuBLSC HEARSNGS / Ci Y o f Hu t ch i n son Le Ling No _ 2 Protect No_ 92 -01 Roberts Road Project No_ 92 -0.3 Priebe Addi ti on Protect No _ 92 -04 Be tlrer ' 2nd Addi ti on ITEM STREET CONSTRUCTION STREET CONSTRUCTION Priebe & Betker's 2n service on a per lot ESTIMATED ASSESSMENT RATES Roberts Road only RANGE AVERAGE (RESIDENTIAL) S25 -30 /FF $ 28 (COMERCIAL/INDUSTRIAL) $28-35 / F F $ 33 d Additions to pay all costs for utility and street basis as described in their Subdivision Agreements NOTES ► Watermain and storm sewer replacement will be at City cost ► Sideyard improvements and previous assessments will be credited ► Project will go out for Bids if approved at Public Hearing ► Assessment Hearing will be held after Bid Opening ► Actual assessments to be calculated for Assessment Hearing ► Project will be awarded if approved at Assessment 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. n C,�o asap ■@MEMO* C�,c T.�QC • l Fil ti i.. O 0 I 2 0 RESOLUTION NO. 9656 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING 140. 1 PROJECT NO. 92 -01, 92 -03 & 92 -04 6•tHEP.EAS, a resolution of the City Council adopted the 14th day of January, 1992, fixed a date for a Council Hearing on the improvement of: Project No. 92 -01 Roberts Road from Dale Street to School Road by construction of Watermain, Storm Sewer, Grading, Gravel Base, Bituminous Base, Bituminous Surfacing and Appurtenances; and Project No. 92 -03 Priebe Addition from Betker's 2nd Addition to Goebel Street by construction of Sanitary Sewer and Services, Watermain and Services, Street Improvemet.ts and Appurtenances; and Project No. 92 -04 Betker's 2nd Addition - Hidden Circle, South of Roberts Road by construction of Sanitary Sewer and Services, Watermain and Services, Storm Sewer, Grading, Gravel Base, Curb and Gutter, Bituminous Base, Bituminous • Surfacing and Appurtenances. AND WHEREAS, ten days' published notice of the hearing through one weekly publication of the required notice was given and the hearing was held thereon on the 28th day of January, 1992, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 14th day of January, 1992. 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 28th day of January, 1992. Mayor City Administrator S--A . RESOLUTION NO. 9653 CITY OF HUTCHINSON RESOLUTION TRANSFERRING $23,000 FROM THE GENERAL FUND TO THE YOUTH CENTER SPECIAL REVENUE FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT a transfer of $23,000 is hereby authorized to be transferred form the General Fund to the Youth Center Special Revenue Fund. Adopted by the City Council this 28th day of January 1992. Paul L. Ackland Mayor ATTEST: • Gary D. Plotz City Administrator • • RESOLUTION NO. 9654 AUTHORIZING SUBSTITUTION OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN WHEREAS, Citizens Bank & Trust Co. of Hutchinson, Minnesota, a city depository, has requested release and substitution of the following security under the collateral agreement with the City of Hutchinson: Release of: DESCRIPTION DUE AMOUNT Arlington, MN Imp. Series 1985 01 -01 -95 $ 50,000.00 Cambridge, MN GO Imp. 03 -01 -95 50,000.00 Hutchinson, MN 03 -01 -96 80,000.00 Owatonna, MN ISD #761 02 -01 -97 100,000.00 New Hope, MN GO Tax Increment 02 -01 -96 100,000.00 Substitution of: DESCRIPTION DUE AMOUNT FNMA 07 -11 -94 $500,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Administrator be authorized to release the requested securities and to accept the substituted securities. Adopted by the City Council this 28th day of January, 1992. • ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7-9, COUNTY OF McLEOD HIGHWAY DEPARTMENT L` December 17, 1991 OFFER TO PURCHASE STATEMENT OF COMPENSATION • TO: City of Hutchinson 37 Washington Ave. W. Hutchinson, MN 55350 RE: CSAH 8, Project 90:40 The McLeod County Highway Department hereby offers all interested parties who may have an interest in the real estate to be acquired the sum of $10,110.55 which has been estimated to be just compensation for such property and rights based upon the fair market value of the property. A summary of the amount set out above as just compensation is as follows: (a) Identification of the real property to be acquired Parcel 3, Plat 26, CSAH 8 (b) Types of interest being acquired. 1) Permanent Construction Easement X 2) Temporary Construction Easement X (c) Summary of fair market value and offer: 1) Land & Improvements $ 10,110.55 2) Damages $ 3) Total $ 10,110.55 This offer is based on a review and analysis of an appraisal(s) of this property by a qualified appraiser(s). You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides for reimbursement in an amount not to exceed $500.00 for the actual cost of an appraisal of property acquired by direct purchase. Reimbursement cannot be made, however, until your property is acquired. If you decide to accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of merchantable title. - - If the offer is unacceptable you may have your property acquired in an eminent domain proceedings. P.O. BOX 236 GLENCOE, MINNESOTA 55336 (612) 864 -3156 FAX (612) 864 -3410 AN EQUAL OPPORTUNITY EMPLOYER/AFFIRMATIVE ACTION -� ' 1 I look forward to doing a very good job this next summer and promise to do my best to accommodate any special concerns you may have. I want this proje itak to provide maximum benefit to all concerned. If the above offer satisfactory to you please have all the owners sign the easements in th'F presence of a notary and return them to my office. If it is convenient for you to come to Glencoe, we do have a notary here at our office most of the time. If you have any special concerns, please call my office and leave a message briefly describing your question. I will get back to you with your answer or if necessary arrange a time we can meet. Please do not come to my office with your questions without an appointment. It is difficult for us to meet with you without briefly researching your question prior to meeting. Thank you. Si Ward Ri . Kjona , P.E. McLeod County Engineer st PERMANENT ROADWAY EASEMENT McLeod County Road 8, Project 90:40 Parcel 3 Plat 26. The City of Hutchinson, a municipal corporation being the owner, in fee simple, of the real estate hereinafter described, hereby grants unto McLeod County, its successors and assigns, the hereinafter described permanent roadway easement for the sum of Seven Six Hundred Fifty Dolla and N o Cents ($7,650.00) and other good and valuable considerations. The said permanent roadway easement in McLeod County in the State of Minnesota is described as follows: TRACT DESCRIPTION The East Half of the Southwest Quarter of Section 12, Township 116 North, Range 30 West. PERMANENT ROADWAY EASEMENT DESCRIPTION Parcel 3 of McLeod County Highway Right of Way Plat No. 26. Further, the owner agrees not to construct fences, plow or perform any detrimental operation within the permanent roadway easement, except the owner is hereby permitted to plant and harvest hay crops within the limits of the permanent roadway easement until such time as McLeod County directs otherwise. Further, it is understood that McLeod County shall have the right to use and remove all earth and other materials lying within 'the limits of the permanent roadway easement. Further, it is understood that McLeod County may permit cities, townships, utility companies and others to place and maintain power, telephone,'gas, tile, water, sewer and other utilities above and /or under the ground within the limits of the permanent roadway easement. Further, the owner, his successors and assigns, hereby release the County of McLeod, its officers and agents, from any and all liability and claims concerning the hereinbefore described permanent roadway easement and the owner's adjoining premises that may result by virtue of the construction, maintenance, and use of a public roadway over and upon the herein before described permanent roadway easement. is Dated this day of 11 19 r-A., CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA) ss COUNT` O.l~ MCLEOD ) •fhe foregoing instrument was acknowledged before one this -- day of ]9 by (Name of Officer or Agent., -- -- - -- — -- - -- — _ - - - -- - - and by Title of officer or Agent -- — - - -- — - — - - - -- — — - - -- - - —° f (Name of Officer of Agent, Title of Officer or Agent.) -- a --. -- — -- - - -- — (Name of Corporation Acknowledging) (State or• corporation, on behalf of Place of incorporation) corporation. Notary Public My Commission expires This Instrument Was Drafted By: Michael Junge McLeod County, Glencoe, MN n 0 TEMPORARY SLOPE EASEMENT McLeod County Road a, Project 90 :40 Parcel 3 Plat 26. The City of Hutchinson. a municipal corporation being the owner, in fee simple, of the real estate hereinafter described, hereby grants unto McLeod County, its successors and assigns, the hereinafter described temporary slope easement for the sum of Two Thousand Four Hundred Sixty Dollars and Fifty -five Cents ($2.460.55) and other good and valuable considerations. The said temporary slope easement in McLeod County in the State of Minnesota is described as follows: TRACT DESCRIPTION: The East Half of the Southwest Quarter of Section 12, Township 116 North, Range 30 West. TEMPORARY SLOPE EASEMENT DESCRIPTION A 190.00 foot wide strip of land in the East Half of the Southwest Quarter of Section 12, Township 116 North, Range 30 West. Said strip of land lies northwesterly and northerly of and adjoins the northwesterly and northerly line of Parcel 3 of McLeod County Highway Right of Way Plat No. 26. The east and west lines of said strip are the east and west lines of said East Half. Also that part of said East Half of the Southwest Quarter described as follows: Commencing at the most southerly corner of said Parcel 3; thence northeasterly along the southeasterly line of said Parcel 3 a distance of 527.94 feet; thence southeasterly, deflecting 90 degrees to the right, a distance of 165.00 feet to the point of beginning of the land to be described; thence northwesterly, along the last described course, a distance of 100.00 feet; thence southwesterly, parallel with the southeasterly line of said Parcel 3, to the west line of said East Half; thence northerly, along said west line, to said most southerly corner of Parcel 3; thence northeasterly and easterly, along the southeasterly and southerly line of said Parcel 3, to the east line of said East Half; thence southerly, along said east line, to the intersection with a line drawn parallel with said southeasterly and southerly line of Parcel 3 from the point of beginning; thence westerly and southwesterly, along said parallel line, to the point of beginning. Further, it is understood the temporary slope easement shall expire on December 31, 1993. • Further, the owner agrees that all earth -and other material necessarily excavated and removed from the slope easement area shall become the property of McLeod County and shall be used in the construction of said project or be hauled away and disposed as the county may deem fit. McLeod County agrees to replace topsoil on all areas within the slope easement where excavation and embankment construction takes place and clay or other poor soil is exposed. Further, the owner, his successors and assigns, hereby release McLeod County, its officers and agents from any and all liability and claims concerning the hereinbefore described temporary slope easement and the owner's adjoining premises, that result or may result by virtue of the construction of said slopes and all work in connection therewith. Dated this day of 1 19 ,�_A - CORPORATE ACKNONI,$DGEMENT STATE OF MINNESOTA) ss COUNTY OF MCLEOD) The foregoing instrument was acknowledged before me this -- day of — _. 19 -_by -- - - - - -- (Name of Officer or Agent., - -- --- — - - - -- and tid b y Title of Officer or Agent -- - -- -- - -- -- - - - - - - -or (Name of Officer of AKetit, Title of Officer or Agent) - -- -- a -- -- — -- - - -- — (Name.of Corporation Acknowledging) (State or corporation, on be)�air or Place of incorporation) corporation. Notary Public My Commission expires This Instrument Was Drafted By: Michael Junge McLeod County, Glencoe, MN • A RNOLD & MCDQ &ELL DAVI B. ABSroLa ATTORNEYS AT D. McDOwELL aN A. AxD$asox 101 PARK PLACE HARRY sxaa8sox• STEVE HUTCHINSON, MINNESOTA -2563 (612) 587 -7 N S. HOOE LAURA H.FRETLAND 57 A. BRUEOOEMANN FAX (612) 587- 65 D. DOVE JOSEP M. PAIEMHNT JAMB RESIDENT AT RNEY 5 IITLEY O. BARRY AN ER A. CHRISTIANS RICH AIR O. McOEE TIMOT W. FAFINSHI December 5, 1991 NJ Mr. Gary D. Plotz / City Administrator / 37 Washington Avenue West Hutchinson, Mn. 55350 11 Re: Omar Collis MPC4 Site ID. No. Leak -2716 Our File No. 3244 -89031 (Collis subfile) Dear Gary: OF COUNSaL CHARLES R. CAR ILICHAaL" WI LLI M W. CAMERON 5881 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 53416 ( 612) 545-9000 MN TOLL FREE 800-343 -4545 FAX (6L2) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 FAX (612)389-5506 N >> , cl RECEIVED � N BY Ca ZZ �Z�2 I thought I would update you on the status of our Petro Fund application, as well as my recent conference with Omar Collis. Enclosed is a copy of correspondence from the State of Minnesota dated November 4, 1991 regarding our application and announcing the meeting which was held on November 19, 1991. I have not received official notification of the results of the hearing, but I did discuss the matter with Jan Matheson, and while she did not recall the specifics, she did not recall that any problems were presented by the Hutchinson application. The total amount of our application was $73,724.80 and as you can see, the recommendation is for the full amount of the application, rather than the 90% figure previously discussed. I do want to direct your attention to the agreement between Mr. Collis and the City of Hutchinson. Under paragraph 2 of that agreement, the City is obligated to pay Mr. Collis the sum of $123,500 less the responsible party's share of environmental clean up as required by the MPCA. Under paragraph 3 of the agreement, 20% of the purchase price was retained and escrowed because of potential clean up costs. I believe the amount escrowed was $24,700. However, I believe $10,000 was released to Mr. Collis because the tanks were successfully removed leaving a remaining balance of $14,700 plus . interest at the rate of 7% from and after the date of closing which was, I believe, January 11, 1991. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION ! l "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION DAVI • STEV o. DAVID PAUL JULIA W. FAFINSHI December 5, 1991 NJ Mr. Gary D. Plotz / City Administrator / 37 Washington Avenue West Hutchinson, Mn. 55350 11 Re: Omar Collis MPC4 Site ID. No. Leak -2716 Our File No. 3244 -89031 (Collis subfile) Dear Gary: OF COUNSaL CHARLES R. CAR ILICHAaL" WI LLI M W. CAMERON 5881 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 53416 ( 612) 545-9000 MN TOLL FREE 800-343 -4545 FAX (6L2) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 FAX (612)389-5506 N >> , cl RECEIVED � N BY Ca ZZ �Z�2 I thought I would update you on the status of our Petro Fund application, as well as my recent conference with Omar Collis. Enclosed is a copy of correspondence from the State of Minnesota dated November 4, 1991 regarding our application and announcing the meeting which was held on November 19, 1991. I have not received official notification of the results of the hearing, but I did discuss the matter with Jan Matheson, and while she did not recall the specifics, she did not recall that any problems were presented by the Hutchinson application. The total amount of our application was $73,724.80 and as you can see, the recommendation is for the full amount of the application, rather than the 90% figure previously discussed. I do want to direct your attention to the agreement between Mr. Collis and the City of Hutchinson. Under paragraph 2 of that agreement, the City is obligated to pay Mr. Collis the sum of $123,500 less the responsible party's share of environmental clean up as required by the MPCA. Under paragraph 3 of the agreement, 20% of the purchase price was retained and escrowed because of potential clean up costs. I believe the amount escrowed was $24,700. However, I believe $10,000 was released to Mr. Collis because the tanks were successfully removed leaving a remaining balance of $14,700 plus . interest at the rate of 7% from and after the date of closing which was, I believe, January 11, 1991. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION ! l "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION Mr. Gary D. Plotz . December 5, 1991 Page 2 At the time of our application, which was June of 1991, I show a total amount billed to the City of Hutchinson by Twin City Testing of $87,205.31, which would include all invoices through April 30, 1991. Assuming that the Petro Fund offers 100% reimbursement rather than 90% reimbursement, the total amount to be paid (probably within 90 days of November 19) will be $73,724.80. This leaves a remaining balance of $13,480.51 which was paid by the City. However, as Twin City Testing pointed out in its analysis of its bills, many of these charges related to environmental site work generally and were not necessarily associated with the Petro Fund problems specifically. I mention all of these issues because we will need to decide how we are going to treat Mr. Collis under the terms of the Option Agreement. I would recommend that Ken work up an analysis showing total bills receive payments made and the names o for environmental work to date. I w ill need this information anyway or su sequent Petro Fund applications, and I would suggest 7 that this matter be placed on the agenda for the last meeting in December, because Mr. Collis will be expecting payment around the first of the year and we should know at that time the final outcome of discussions with the Petro Fund. If you have any questions regarding this matter, please contact me. Thank you. Best regards. Very t G.1/Ba lry Afiderson GBA:lm Enclosure • OFFICE OF THE COMMISSIONER November 4, 1991 STATE OF MINNESOTA DEPARTMENT OF COMMERCE 133 EAST 7th STREET ST. PAUL, MN 55101 612/2%4026 FAX: 612/296 -4323 G. Barry Anderson City of Hutchinson 37 Washington Avenue WEst Hutchinson, MN 55350 Re: Leak 12801 Dear Mr. Anderson: o� The Petrofund Board will consider your reimbursementf request at its next meeting which will take place on November 19 1991 at 8:30 a.m. The meeting will be held in Room 10, State Office Building, 100 Constitution Avenue, St. Paul, MN. Reimbursement of $73,724.80 will be recommended to the Board. You will be notified, in writing, within ten days of the Board's decision. We are enclosing for your review a copy of the MPCA Site Report. The Board will base its decision on your application, your written • correspondence and on the MPCA Site Report. Your attendance at the Petrofund Board meeting is permitted but is not required; if you wish to speak at the Board meeting, please contact the undersigned prior to the meeting. Please note that the Board may limit the time allowed for speaking. If you have questions, please contact the undersigned. Very r truly yours, «�� aMatheson at Commerce Consumer Liaison 612/296 -2990 JKM:cjs enclosure AN EQUAL OPPORTUNITY EMPLOYER - /� I M E M O R A N D U M DATE: January 28, 1992 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of Jan Attached is a listing of the delinquent water and sewer accounts for the month of Jan. Recommend service be discontinued on Monday, Feb 3rd, 1992 at Noon. 2- 670 - 0400 -019 John Sandahl 400 Lynn Rd Hutchinson MN 55350 400 Lynn Rd 30.80 Promises 1/31/92 2- 675 - 0544 -031 Keith Krommenhoek 544 Madson Av Hutchinson MN 55350 544 Madson Av 157.32 Promises 1/30/92 2- 700 - 1585 -001 Michelle Healy 1585 McDonald Dr Hutchinson MN 55350 1585 McDonald Dr 110.70 n LJ Cihj Hall Parks & Recreation Police Department 37 Washington Avenue IVcst 900 Harrington Street 10 Franklin Street South (612) 557 -5151 (612) 5S7 -2975 (612) 557 -2242 Hutchinson, Af innesota 55,350 —A. Printed on rceycled paper 2- 035 - 0540 -023 Jay Henninger 540 Second Av SW Hutchinson MN 55350 540 Second Av SW 160.68 cc: Joseph Paffel Rt 1 Hutchinson MN Promises 1/31/92 2- 350 - 0302 -072 Chris Doelger 2 Dale Hut ' son MN 55350 Dale 153.75 2- 350 - 0325 -002 Thomas Smith 325 Dale St Hutchinson MN 55350 325 Dale St 148.92 Promises 1/30/92 2- 350 - 0505 -021 Richard Mattson 505 Dale St Hutchinson MN 55350 505 Dale St 159.00 2- 350 - 0850 -032 Rick Heidecker 850 Dale St Hutchinson MN 55350 850 Dale St 26.24 Promises 1/30/92 2- 470 - 0715 -031 E Duesterhoeft 715 Harrington St Hutchinson MN 55350 715 Harrington St 172.65 2- 470 - 0867 -092 55350 Elvera Albrecht 867 Harrington St Hutchinson MN 55350 867 Harrington St 33.96 Promises 2/3/92 2- 350 - 0890 -051 James Duhamel 890 Dale St Hutchinson MN 55350 890 Dale St 1��'2 13.► 2 _ Pro �.,�5� -,, ��1 2- 465- 0626 -081 Chris Johnson 626 Harmony Lane Hutchinson MN 55350 626 Harmony Lane 118.89 2- 585 - 0621 -081 Bob Piehl 621 Juul Rd Hutchinson MN 55350 621 Juul Rd 28.66 Promises 1/31/92 2- 585 - 0643 -022 Michael Johnson 643 Juul Rd Hutchinson MN 55350 643 Juul Rd 117.84 2- 605 - 0360 -092 Debra Bondhus 360 Lake St Hutchinson MN 55350 360 Lake St 126.03 Promises 2/4/92 2- 670 - 0230 -071 Hermann /Jilek 640 Adams St S Hutchinson MN 55350 230 Lynn Rd 288.07 cc: Richard Larson 640 Adams St Hutchinson MN 55350 C7 • is • 254 Winnebago Drive P.O. Box 1167 Fond du Lac, WI 54936.1167 January 10, 1992 Mr. Paul Ackland - Mayor Mr. Gary Plotz - Clerk City of Hutchinson City Hall 37 Washington Avenue W Hutchinson MN 55350 'Telephone (414) 923 -6335 T �� JAN 1592 �N cn RECEIVM �� 0 � 6 `� 8 zLZ9�� 2q Star Cablevision Grouc BrOt • Clear • Excitmg Dear Mr. Ackland and Mr. Plotz: Star Cablevision has reached an agreement to sell the stock of Star Midwest, Inc., owner of the cable television system serving the City of Hutchinson to D.D. Cable Partners, L.P., subject, of course, to the approval of the Council. D.D. Cable Partners, L.P. is a limited partnership whose general partner is InterMedia Partners II and whose limited partner is General Electric Capital Corporation. InterMedia Partners owns and operates cable television systems in Hawaii, California, Tennessee, Georgia, South Carolina and North Carolina. The company is among the fastest growing cable companies in the United States. It serves over 320,000 cable subscribers presently and has agreed to buy cable systems serving an additional 175,000 subscribers. General Electric Capital Corporation is a multi- billion dollar company with investments throughout the United States. GECC will not only be an equity owner of the system, it will also act as the lender to D.D. Cable Partners. This combination will obviously bring strong financial resources to bear on the cable operation in the City of Hutchinson. As important, D.D. Cable Partners (through the people of InterMedia Partners) will bring strong managerial skills to bear on the operation as well. The people of InterMedia, the general partner of D.D. Cable Partners, are all experienced cable executives. Leo J. Hindery, Jr., the Managing General Partner of InterMedia, was the Chief Financial Officer of The Chronicle Publishing Company in San Francisco before forming InterMedia. While at the Chronicle, Mr. Hindery oversaw the expansion of the company's cable television division. David G. Rozzelle, a general partner of InterMedia serves as the Chief Executive Officer of Cable Operations for the company. Mr. Rozzelle is a lawyer by training who specialized in cable television matters. In his capacity as the chief operating officer for InterMedia, Mr. Rozzelle has guided the operating team that has taken InterMedia from a new company to the 30th largest cable company in the country in less than two years. The third general partner is Edward G. Liebst, Jr. Mr. Liebst was a Vice President at Bank of America where he specialized in cable lending. He presently serves as the Chief Financial Officer for InterMedia. 1/1 The operating team is likewise comprised of professional cable executives. Terry "Coop" Cotten, the Director of Operations for InterMedia, started in the cable business as an installer at the age of 14. He has managed small and large cable systems before joining InterMedia's headquarters staff. Dick Maul, Director of Marketing, worked for HBO and for a large cable multiple system operator before coming to InterMedia. Dave Large, Director of Engineering, holds several patents for cable equipment and has won the industry's highest award for engineering excellence. Attached is a brochure which further describes the people of InterMedia who will run D.D. Cable Partners. InterMedia enjoys an excellent reputation in the cable industry and we are proud to be associated with them in this transaction. Star Cablevision has served your community well and we have every reason to believe that D.D. Cable Partners will continue our tradition of service. Enclosed is a copy of the press release describing the sale. We intend to release this to the local newspaper in the next two days. If possible, could you please make certain that the Council Members are made aware of this matter before the newspaper receives the press release. Also enclosed for your consideration is a draft of a resolution approving the sale of the stock of Star Midwest, Inc. to D.D. Cable Partners, L.P. We formally request that you set the transfer for consideration on the next available meeting date. The system manager will be in touch shortly to follow up on this request. Very truly yours, STAR MIDWEST, INC. C --- ..r G Nadolsk Y Vice President/ Franchise Administration 1/2 is RESOLUTION NO. A Resolution of the City f Hutchinson Approving y h pp ng The Change in Control of the Current Franchisee of the Franchise to Operate a Cable Television System in the City of Hutchinson From Star Cablevision Group to D.D. Cable Partners, L.P., a California Limited Partnership. Whereas, Star Midwest, Inc. (the "Franchisee ") is the current holder of a franchise issued by the City of Hutchinson (the "Authority "), originally issued as Ordinance No. 576 dated April 2, 1979 ( "Franchise "), to operate and maintain a cable television system (the "System ") in the City of Hutchinson; and Whereas, Star Cablevision Group ( "Owner ") is the current holder of all of the stock of Franchisee; and Whereas, the terms and conditions of the Franchise, as amended, are in full force and effect as of the date of the execution of this Resolution; and Whereas, Franchisee and D.D. Cable Partners, L.P., a California Limited Partnership ( "D.D. Cable "), have entered into a Stock Purchase Agreement, dated as of December 10, 1991 (the "Agreement "), providing for the sale of all the stock of Franchisee to D.D. Cable; and Whereas, Franchisee and D.D. Cable have submitted an application requesting consent by the Authority to the sale of the stock of Franchisee to D.D. Cable, in accordance with the requirements of the Franchise; and Whereas, the Authority has determined that it is in the best interests of the community and residents thereof to approve the sale the stock of Franchisee to D.D. Cable: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson as follows: Section 1. The Authority hereby consents to and approves the sale of the stock of Franchisee to D.D. Cable and D.D. Cable's assumption of all rights and obligations under the Franchise relating to the period from and after the date of the consummation of the sale, to D.D. Cable, its successors and assigns. Section 2. The assumption by D.D. Cable of all the rights and obligations under the Franchise shall take effect on and after the date of consummation of the sale of the stock of Franchisee to D.D. Cable. • Section 3. The Authority hereby consents to and approves the grant by D.D. Cable of a security interest in its stock and assets, including all of its rights, powers % "R, and privileges under the Franchise to such lender or lenders as may be designated by D.D. Cable for financing purposes subject, however, ' to each of the terms and conditions of the Franchise. 0 Section 4. The authority hereby affirms that, as of the date of this Resolution, the Franchise is valid and remains in full force and effect and the Authority is aware of no conduct by the Franchisee which would result in a default under the Franchise. Section 5. Upon written notice to the Authority, D.D. Cable may transfer the stock of Franchisee or assign the assets of the System to InterMedia Partners II, L.P., a subsidiary thereof, or to a partnership in which InterMedia Partners II, L.P. or a subsidiary thereof is a general partner, or to General Electric Capital Corporation or its subsidiaries. Duly and lawfully PASSED, ADOPTED AND APPROVED by the Council, this day of Attest: 1992. Mayor Clerk 0 The undersigned, being the duly appointed, qualified and acting Clerk of the Council of the City of Hutchinson, hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. duly and lawfully passed and adopted by the Mayor and Council of the City of Hutchinson on the _ day of , 1992. Clerk -2- • D.D. CABLE PARTNERS. L.P. 236 Montgomery Street, Suite 420, San Francisco, CA 94104 Telephone: (415) 616 -4600 FAX (415) 397 -4706 NEWS RELEASE FOR INFORMATION CONTACT: ALAN D. MUTTER (415) 616-4660 DD. CABLE PARTNERS TO ACQUIRE STAR MIDWEST. INC. CABLE SYSTEMS SAN FRANCISCO - -D.D. Cable Partners, L.P., announced today that it will acquire the cable systems currently owned by Star Midwest, Inc. The properties being acquired serve approximately 110,000 subscribers throughout four Midwestern states. The systems are located in Illinois, Iowa, Minnesota and Wisconsin. D.D. Cable Partners, L.P. is a limited partnership whose general partner is InterMedia Partners II and whose limited partner is General Electric Capital Corporation. InterMedia Partners owns and operates cable television systems in Arizona, Hawaii, California, Tennessee, Georgia, South Carolina and North Carolina. The company, which serves more than 320,000 cable customers, is among the fastest growing cable companies in the United States. GECC is a multibillion - dollar company with investments throughout the United States, many in the cable television industry. "The management strength of D.D. and the financial strength of GECC will ensure that the subscribers of Star Midwest will have the finest possible service at a fair price," said Leo J. Hindery, Jr., Managing General Partner of InterMedia Partners II, and Murry K Stegelmann, Vice President of the GECC Corporate Finance Group. The transaction is expected to close early in 1992. �_ /a, I G 0 M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ. PERSONNEL COORDINATOR - RE PAY EQUITY REPORT The City's required Pay Equity report has been completed. It needs to be approved by the City Council, signed by the Mayor, and forwarded to the State Department of Employee Relations before January 31, 1992. Under the revised reporting rules, part time employees working 14 hours a week or more are included in the report and the value of health insurance is included in the maximum monthly salary for each job classification. Since part time employees do not receive insurance benefits, this could lead to a determination by DOER that the City is not in compliance with Pay Equity as regards female part time employees. (The value of family health insurance is presently $2.00 per hour.) We have been advised by DOER that a determination regarding compliance will be received in several months. There is an appeal process and a time frame for compliance. City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 qr (:�� I January 17. 1992 Pay Equity Implementation Report Submit by Jarxiory 31, 1992 to: F f 9 c e x� W � W 15 Pay Equity Coordinator Department of Employee Relations 200 Centenrdd Building 658 Cedar Street St. Paul, MN 55155 (612 - 296 -2653) Name of Jurisdiction CITY OF HUTCHINSON © City Address ❑ County ❑ School 37 Washin A ve W Contact Person Hazel Sitz For Department We Only �— Postmark Date of R Jurisdiction ID Number ❑ Other: 0 The Job evaluation system used measured ski, effort responsibility and working conditions and the some system was used for all classes of employees. Check one of the following: ❑ State Job Match ® Designed Own (specify) Modified consultant's plan ❑ Consultant's System (specify) ❑ Other (specify) Q Benefits for male and female classes of comparable value have been evaluated and: ❑ There is no difference and female classes are not at a disadvantage. ® There is a difference and the maxkrwm salaries reported Include the monthly amount paid by the employer forheatth Insur Th di fferenc i f s ��� �j ,�Q en d der based b on Q Infortfifdion . 0 �eporr r,5c a t to and accurate. 0 The report Includes all classes of employees over which the Jurisdiction has final budgetary approval authority. Result from Salary Range Worksheet Phone 612 - 587 -5151 © No ranges /performance differences. Check one: ❑ This Jurisdiction does not have salary ranges for any of it classes. Documentation about performance differ- ences Is available upon request to explaln apparent Inequities between male and female classes. ® This Item does not apply to this Jurlsd(ction. ® An official notice has been posted at __Administrative Office InformIng employees that the Pay Equity Implementatlon Report has been filed and Is available to employees upon request. Also, a copy of the report has been sent to each excl representative, It any, and a copy has been made available In the public library. The report was approved by: Paul L. Ackland - (chiefelectedoffck* prbt) x (chief elected oft &Oxy ve) Mayor Oft) (date) O % is the result after average years to salary range maximum for mde classes is divided by the average years to salary range maximum for female classes. Results from Exceptional Service Pay Worksheet ® Less than 20% of male classes receive ESP. % is the result from the worksheet (percentage of female classes receiving ESP is divided by the percentage of male classes receiving ESP). S 2 713,917. 06 is the annual payroll for 1991. (Part F on Back) ?— (�r 0 PART F: JobTfacs Information orgtion _p 1 Date _January 24. 19 92 rTTY (1F HTTTC:HTNSON. MN (Nave of Jurisdiction) 37 Washington Ave W (Address) Hutchinson, MN 55350 (Address) A Class 1. 2. 3, 4, 5. Title Custodial Worker Liquor Store Clerk C Transit Dispatcher Senior Program Supervisor Motor Vehicle Clerk PT PT PT PT PT 6. Receptionist PT 7. T•i =,inr Stnrp rl prk u PT S. Building Custodian PT 9. Bus Driver M. F. B 10. Custodian /Boiler Operator Monthly to 2r of Service Salary Ins•)Max Service Pay 11. Liq,unr Store 1 k A M 12. Park Maintenance GenerRl $ _1204 0 13. Water A - o int Technician B 14. Office $ 1017 0 15. Accounting Specialist PT 16. ; 1109 ; 1501 0 612- 587 -5151 To convert hourly Phone rate to monthly, multiply rate 173.3 B C D E F G H I J Number of Male Number of Female Class Type Comparable Work Value Minimum Monthly Maximu7jjjcl Years * Years Exceptional Employees Employees M. F. B (Job Points) Salary Monthly to 2r of Service Salary Ins•)Max Service Pay 1 0 M 250 $ 835 $ _1204 0 4 2 B 325 $ 960 $ 1017 0 0 3 F 475 ; 1109 ; 1501 0 0 1 F 475 $ 109 $ 1501 0 0 4 F 475 $ 1109 $ 1501 0 3 F 550 $ 1192 1 0 M 550 $ 1192 $ 1613 _0 2 0 M 550 $ 1192 $ 1613 0 2 0 M 625 $ 1282 $ 1735 (9 81)0 1 0 h 625 $1282 $ 1735 (2081)_ _ 1 1 B 625 $1282 $ 1735 (2081) 0 _ 1 0 M 625 $ 1282 $ 1735 (20 81)0 _ 0 1 F 700 $ 1379 $ 1865 (20 0 3 F 700 $ 1379 $ 1865 (20 0 ,. 0 1 F 700 $ 1379 $ 1865 0 $ $ Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP 0 PART F: lass Information - P g. 2 Date CITY OF HUTCHINSON (Name of Jurisdiction) (Address) (Address) A Class Title 1. Pgrsonnel/Tnsurance Technician 2. Secretary_- Engineering 3. police Dispatcher * FT & PT 4. _Polirp nffirpr PT S. Water /Wastewater Maint Tech._ 6. Laboratory T c ni ri an 7. Administrative Q rrptary 9. Finance Technician 9. _Motor Vehicle Deputy Registrar 10. Water /Wastewater Plant Operato 11. Senior Wastewater Maint. Tech. 12, _Cemetery Maintenance Superviso 13. Enizineering Technician II 14. Equipment Mechanic 15. Straat /Park Maint Operator 16. Recreation Programmer AFT & PT Phone B C 0 E To convert hourly rate to monthly, multiply rate 173.3 F G H I J Number of Male Number of Female Class Type Comparable Mork Value Minimum Monthly Maximum Years * Years Exceptional Monthly (I nc lto Emoloveas Ealovees M. F. B (Job Points) Salary Oz of Service Salary Ins - $AX- Service Par 0 1 F 775 ; 1482 ; 2005 (2 _ 0 1 F 775 ; 1482 ; 2005 (23 51)0 FT _ n =6 P_ 775 ; 1 82 ; 2005*(93 _ 2 0 M 775 ; 1482 ; 2005 Q_ 1 0 M 850 ;1593 ; 2156 (2502)_ 0 _. F 850 ; 1593 ; 2156 (25 02)_ O 1 F 850 ;1593 ; 2156 (2502_ 0 1 F 850 ; 1593 $ _2156 (25 0 1 F 850 ; 1593 ; 2156 (25 2 0 M 950 ; 1712 ;2317 (26 1 0 M 950 = 1712 ; 231? (26 1 0 M 950 ; 1712 ; 2317 (26 2 0 M 950 ; 1712 ; 2317 (26 1 0 M 950 ; 1712 ; 2317 (26 )0 11 .--a._ M_ 950 ; 1712 ; _2317 (26 )0 2 FT 1 PT B 950 ; 1712 ; 2317 *(26 00 Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50MPPCOMP • PART F: Jobs Information _P g. 3 Date 0 (Nave o Jurisdiction) (Address) (Address) rate to monthly, multiply rate 173.3 F Phone Minimum Monthl y Maximum yyears Monthly ( Inc to isr Sal�ry Salary InslM�ax A B C D E $ .2549 (98 ) 3 ; 1820 ; 2549 UA 950 _ Number of Number of Class Comparable Class Title ; 2073 Male Employees Female Eenlovees Type M. F. B Mork Value (JoD Point) 1. Spninr Waatpwntpr Plant O:gprat 1 ; 3085 (34 M 1050 2. Park Maintenance Supervisor 1 0 M 1050 3. -Police Patrol Officer 10 0 M 1050 4. Forester 1 0 M 1050 5. W ntpr S3Zatpma Si,n rvi qnr 1 0 M 1150 6. Street /Maint. Op. Supervisor 2 0 M 1150 7. Police /School Liaison Officer 0 1 F 1150 8. R„i� ldin Tpqnectnr 1 0 M 1150 9. Assistant Recreation Dir. PT 1 0 M 1150 10. Personnel /Transit Coord. 0 1 F 1150 11, Asst, to City Engineer 1 0 M 1275 12. Recreation Facilities Mgr. 1 0 M 1275 13. Liquor Store Manager 1 0 M 1275 14. Police Sergeant 3 0 M 1275 15. Police Investigator 1 0 M 1275 16. Small Cities Project Coord. 0 1 F 1275 To convert hourly rate to monthly, multiply rate 173.3 F G H Minimum Monthl y Maximum yyears Monthly ( Inc to isr Sal�ry Salary InslM�ax $ 1820 ; 2549 U 95 )_ ; 1820 ; 2549 U R ; 1995 $ .2549 (98 ) 3 ; 1820 ; 2549 UA 950 _ ; 2073 ; 2804 ( 31 50)0 _ ; 2073 ; 2804 ( 0 — ; 2073 $ _ - 2804 31 _ ; 2073 ; 2804 (31 0 $ 1073 ; 2804 (31 ; 207 3 ; 2804 (31 $ 2281 ; 3085 (34 _ ; 2281 ; 3085 (34 ; 2281 ; 3085 (34 _ ; 2281 ; 3085 (34 ?0• ; 2281 ; 3085 (34 _ ; 2281 $ _ L085 (34 _ Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP I J * Years Exceptional of Service Service _ PiY 9 PART F: * ass Information P g , 4 Date CITY.I�F HUT - ON (Nam! of Jurisdiction) (Address) rate to monthly, multiply rate 173.3 F G H Phone Maximum Years (IncltO RE Sa lary (Address) $ 2508 $ 3394 (371 ; 2508 $ 3394 (371 0 A 8 C D E $ 4123 (446 0 Number of Number of Class Comparable Class Title Male Ewoll ayges Female Ewnloyess Type M. F_ B Work Value j ob Points) 1. gui l di ng official 1 0 M 1400 2. Fire Marshal 1 0 M 1400 3. W-s.a-tor Water /Wastewater Oper 1 0 M 1400 4. Director Parks & Recreation 1 0 M 1525 S. Director of Finance 1 0 M 1650 6. Chief of Police 1 0 M 1650 7. ntrprnr cf Engineering 1 0 M 1800 a. City Administrator 1 0 M 1950 9. 10. 11. 12. 13. 14. 1S. 16. To convert hourly rate to monthly, multiply rate 173.3 F G H Minimum Maximum Years (IncltO RE Sa lary Salary Ma Ins $ 2508 $ 3394 (371 ; 2508 $ 3394 (371 0 $ 2508 ; 3394 (371 0 $ 2759 $ 3733 (407 0 $ 3035 $ 4123 (446 0 0 035 $ 4123 (446 0 $ 3338 $ 4517 (486 0 $ 3673 $ 4969 (53 0 S $ $ $ i $ S S S i S i i $ Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke. Department of Employee Relations. 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 SOWPPCOMP I J # Years Exceptional of Service Service pay • TO: Mayor and Council MEMORANDUM FROM: Steve Madson, Chief of Police DATE: January 23, 1992 RE: Policy Updates Attached hereto please find policy updates which have been completed by the police department. These updates have been necessary due to either statutory changes or supreme court decisions which have mandated changes in current operations. The first policy change is that of the "Firearms" policy directive P150. This policy has been updated to comply with Chapter 141 and essentially delineates the firearms training for the police department. The ,second policy change is in the area of "Use of Force" directive P151. The substantive part of this policy was previously contained under directive P150, however, has been broken out and is now an • independent directive due to this department being required to comply with Minnesota Statute Chapter 141. The third policy change is in the area of the "Emergency Response Team" directive P191. Essentially this directive has been updated to incorporate and reflect P150 as the guide for live fire exercises. The fourth policy change is in the area of "Court Appearances" directive P320. This policy is updated to comply with the recent supreme court decision establishing a rule of 48 hours from the time of arrest until the time an individual must be taken before a judge or a probable cause determination is held. Of the four policy updates I would ask that you read closely directive P151 on the use of force as this directive has the greatest potential for civil liability exposure to the city of Hutchinson. I request that these policy updates be approved at the January 28, 1992, regular meeting of the Hutchinson City Council. If you have any questions or concerns regarding these policy updates please do not hesitate to contact me at your earliest convenience. Also, I will be in attendance at the January 28 • meeting if you have any questions at that time. /lkg 92 -01 -0001 DICTATED BUT NOT READ �-I)- o� D r m N 8 FIRST :00.70 to p, ;V.r 1'11.7 •� ,� � 1 I 1 I I II- w w M . N N o b" Z a a 9 mill go I) .•' - .isle )o i e OL CERTIFICATE OF SURVEY for CITY OF HUTCHINS Eum 171.9) •�. N99•M1I'C hl '• I 4 I I I' I:, 1 1 • < I I I •. ers I . 1 131 90 WASHINGTON I I I , 0 Z 1 N N I + N ( r � uaro m au �. AVENUE NORTHEAST ('Ir r.1.ewM .r 40%-29 BI ( °'�N•••• 70M euo It 30' Y o0 - ap f0 Iz sa - •)zn �w nz ll •'':. - -. \' � - swou� __. .h-. I l r. 1 a r jSI 1 W f l :; 8 y o LLJ - - - - -- ------ - -- - - - -� -- "w / vzu con -aeln to rz w uao $n n _ �`` �`w�l O W + W u• j' O I P1 I � A ' ° ao O a� s BLOCKS 47 n I r a! -- ---- --- - - - - -- --- - - �1 1 I ij LLJ LL LL 4 W ° 1 y 6 a I k 1 ez )o n no 200.60 w 99•fl'14 E AVENUE � ^user � ep i.enn.. ..r. •.pwu �r w ..a. r.r s � . • e.p iee � , pr n �a e...W ems .�o ...o . ^er• ,.... �.. sir,.. w•e,,., r • e N nunr° sere epuraU ruRn.leY epgbu _� — :er ro onto we. v .r reel u 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON AMENDMENTS TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO- 4, THE TAX INCREMENT FINANCING PLAN FOR DEVELOPMENT DISTRICT NO. 4, AND THE TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO.5 AND ON THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 6 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City ") as follows: 1. This Council acting under and pursuant to Minnesota Statutes, Sections 469.124 to 469.134, has previously established Development District No. 4 in the City (the "Development District "), and approved a Development Program and amendments thereto (as so amended, the Progran) 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 and has also established a tax increment financing district designated as Redevelopment Tax Increment Financing District No. 5 ( "Tax Increment District No. 5"), which includes area added to the Development District on April 24, 1990 and a portion of the original area in the Development District. It has been proposed that the City approve amendments (the Amendments ") to the Program and to the tax increment financing plans for the Original Tax Increment District and for Tax increment District No. 5, and that the City adopt Tax Increment Financing Plan for Redevelopment Tax Increment Financing District No. 6 pursuant to Minnesota Statutes, Section 469.174 to 469.179 (the "Tax Increment Financing Plan for Tax Increment District No. 6 "), which establishes Redevelopment Tax Increment Financing District No. 6 (the 'Tax Increment District No. 6 ") as a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9. I A public hearing is hereby scheduled to be held by this Council on March 10, 1992 at o'clock P.M., on the Amendments and on the adoption of the Tax Increment Financing Plan for Tax Increment District No. 6. The City Administrator is hereby authorized to cause notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official newspaper • 9 -F of the City not less than 10 days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.174, subdivision 2 to the appropriate governmental bodies. Passed by the Council this 28th day of January, 1992. Mayor Attest: City Administrator • • • The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, whose signature was attested by the City Administrator. • EXFIIBIT A NOTICE OF PUBLIC HEARING ON AMENDMENTS TO THE DEVELOPMENT PROGRAM AND FINANCE PLAN FOR DEVELOPMENT DISTRICT NO. 4, AND THE TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT DISTRICT NO. 5 AND APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT DISTRICT NO. 6 NOTICE IS HEREBY GIVEN that the City Council of the City of Hutchinson will hold a public hearing on proposed amendments (the "Amendments ") to the Development Program (the "Development Program ") and Finance Plan for Development District No. 4 (the "Development District ") and the Tax Increment Financing Plan for Redevelopment Tax Increment District No. 5 previously established by the City, and on the proposed approval by the City Council of a Tax Increment Financing Plan (the "Financing Plan for District No. 6 ") which creates a Tax Increment Financing District to be designated as Redevelopment Tax Increment District No. 6 ( "Tax Increment District No. 6 ") in the City. The public hearing will be held at p.m. on Tuesday, March 10, 1992, at the Hutchinson City Hall, 37 Washington Avenue West, Hutchinson, Minnesota. Under the Amendments and the Financing Plan for District No. 6, tax increments from tax increment financing districts located in the Development District will be used for the payment of costs of the City of carrying out the Development Program or for the payment of debt service on bonds or other obligations to be issued by the City for payment of such costs. It is proposed that all tax increment revenues from Tax Increment District No. 6 and the other tax increment districts in the Development District resulting from increases in the tax capacity of taxable real property therein be segregated and applied to payment of costs of the City in carrying out the Development Program. Accompanying this notice is a map of a portion of the City. The map shows the area from which the tax increments may be collected and the area in which tax increments may be expended. All who wish to be heard as to the Amendments and on the approval of the Financing Plan for District No. 6 will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Administrator prior to the public hearing. By /s/ Gary D. Plotz City Administrator • MODIFICATION TO DEVELOPMENT DISTRICT NO.4 and CREATING TAX INCREMENT DISTRICT NO.6 and TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO.6 and AMENDING REDEVELOPMENT TAX INCREMENT DISTRICT NO.5 CITY OF HUTCHINSON ( MCLEOD COUNTY) MINNESOTA HEARING: MARCH 10, 1992 ADOPTED: MARCH 10, 1992 MAILED TO SCHOOL DISTRICT NO. 423, JANUARY _, 1992 MAILED TO MCLEOD COUNTY, JANUARY _, 1992 FILED: MARCH _ , 1992 WITH MCLEOD COUNTY AUDITOR FILED: MARCH _, 1992 WITH MINNESOTA STATE AUDITOR • DRAFT FOR HEARING ZHutch14 J • INTRODUCTION History The City created two Development Districts in downtown Hutchinson in 1977 and 1978 for the redevelopment of the Central Business District. In 1980 an additional Development District was created as an inducement for shopping center development (along with Industrial Development Bonds), and a Development District for a part of the industrial Park. in 1982, the Development Districts were combined into Development District No. 4. Later in the 1980's, the Shopping Center portion of the Development District was terminated and returned to the tax rolls. In 1990, Development District No. 4 was the subject of an agreement by Shopko to build a new retail facility in downtown. The result was a modification to the Tax Increment Plan by creating Tax Increment District No. 5. This modification adds additional area to the Development District, part of which will be for the second phase of the Shopko Project, by the addition of More 4, a major grocery store (Tax Increment District No. 6), and added retail space. Also, area will be added that is consistent with the comprehensive Plan for the further redevelopment of downtown Hutchinson. SECTION I. DEVELOPMENT DISTRICT AND PROGRAM DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 A. Definitions • For the purposes of the Development District Program, the following terms shall have the meanings specified below, unless the context otherwise requires: "City" means the city of Hutchinson, a municipal corporation under the laws of the State of Minnesota. "Comprehensive Plan" means the City's Comprehensive Plan, including the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. "City Council" or "Council" means the Hutchinson City Council. "City Development District Act" or "Act" means Minnesota Statutes, Section 469.124 through 469.134 as amended. "County" means McLeod County, Minnesota. "Development District" means Development District No. 4 which is modified by the addition of land area pursuant to and in accordance with the City Development District Act. "Development District Program" or "Program" means the program for development of the District adopted by the City pursuant to the Development District Act. "Project Area" or "Project" means the property within Development District No. 4, as described in the Development Program. "State" means the State of Minnesota. "Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended. "Tax Increment Bonds" means any g eneral obligation or revenue tax increment bonds issued by the City to finance the public costs associated with Development District No. 4 as stated in the Program and in the Tax Increment Financing Plans for the Tax Increment Financing Districts within Development District No. 4 or any obligations issued to refund the Tax Increment Bonds. "Tax Increment Financing District" or "TIF District" means any Tax Increment Financing District created and established pursuant to the TIF Act within Development District No. 4. "Tax Increment Financing Plan" or "Plan" means the TIF Plan adopted by the Council for any TIF District within Development District No. 4. B. Statutory Authority The City has determined that it is necessary, desirable and in the public interest to modify Development District No. 4 in the City, pursuant to the provisions of the Act. This Development District Modification has been prepared under the requirements of the Minnesota Tax Increment Financing Act (the "Act*), Minnesota Statutes, Section 469, as amended. The City herein proposes to expand (described fully in Exhibit A) Development District No. 4 to provide financing for a commercial development proposed to be constructed by Erickson Diversified Corporation and the Everest Group, Ltd. (the "Developer") and other undesignated developers. The City has also determined that the funding of the necessary activities and improvements in Development District No. 4 shall • be accomplished in part or in whole through tax increment financing in accordance with the TIF Act. rell&M r7 Ici . . � .. _ . •. .y The City has found that there is a need for new development in a specific area of the city to encourage development, provide employment opportunities, improve the tax base and improve the general economy of the City and the State. The City seeks to achieve the following objectives through the Development Program: 1. Promote and secure the prompt development of property In Development District No. 4 In a manner consistent with the comprehensive Plan and with minimal adverse Impact on the environment, which property is currently less productive because of the lack of proper utilization and lack of investment, thus promoting and securing the development of other land in the City; 2. Promote and secure additional employment opportunities within Development District No. 4 the City, and the State, for residents of the city and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled labor and other human resources in the City and the State; 3. Secure the increase of property subject to taxation by the City, county, school district, and other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; 4. Secure the construction and provide funds for the payment of the cost of public activities or improvements in Development District No. 4, which are necessary for the orderly and beneficial development of the district; 5. Promote the concentration of appropriate development within Development District No. 4 in order to maintain the area in manner consistent with its accessibility and prominence in the City; and 6. Encourage local business expansion, improvement, development and redevelopment, when compatible with the Development Program. D. Environmental Controls It is anticipated that no development within the Development District will present major environmental concerns. All city actions, public improvements and private development will be carried out in a manner that complies with applicable environmental standards. E. Open Space to be Created Any open space within the expanded Development District will be created in accordance with the development controls of City. • F. Public Facilities to be Constructed Public facilities constructed within the expanded Development District will be financially feasible and compatible with the City's long range development plans. Such facilities may Include street, utilities, storm sewers, and drainage improvements. G. Proposed Reuse of Prop The City plans to acquire property within the expanded Development District which will be utilized by the Development District. H. Development District Financing Within Development District No. 4, the City is creating TIF District No. 6 (redevelopment). Public improvements in the Development District will be financed in part with tax increment from the respective TIF Districts. I. Relocation The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Act. If relocation is necessary, provision will be made in accordance with Minnesota Statutes, Sections 117.50 through 117.56, inclusive. J. Administration of Development District Maintenance and operation of the public improvements will be the responsibility of the Administrator of Development District No. 4. Each year the Administrator will submit to the city Council the maintenance and operation budget for the following year. The Administrator will administer the Development District pursuant to the provisions of Section 469.131 of the Act; provided, however, that such powers may only be exercised at the direction of the City Council. No action taken by the administrator shall be effective without authorization by the City Council. 3 The City does not anticipation the need to create an adviso board to advise the City council on the planning, construction or implementation 07 the activities and Improvements outlined in the Development District Program. K. Rehabilitation Owners of properties within Development District No. 4 may be encouraged to rehabilitate their properties to conform to the applicable state and local codes and ordinances, as well as any design standards implemented by the city. Owners who purchase property within the Development District from the City may be required to rehabilitate their properties as a condition of sale. The City may provide such rehabilitation assistance as may be available from federal, state or local sources. R _ M j • i • 1 • 1119=7 • • 11 =l 9 1 71 u•.• 1 = I • l A map and legal description of the Development District modification are included in Exhibit A herein. n LJ 4 0 SECTION II. TAX INCREMENT FINANCING PLAN A. Use of Tax Increment Pursuant to Section 469.176, Subd. 4, of the Tax Increment Act, all revenues derived from the Tax Increment District shall be used in accordance with the tax increment financing plan. The revenues shall be used for the following purposes: 1. to pay the principal of and interest on bonds used to finance a project; 2. to finance or otherwise pay the capital and administration costs of the Development District pursuant to the Development District Act; 3. to pay for project costs as identified in the budget; and 4. to finance or otherwise pay for other purposes as provided in Section 469.176, Subd. 4, of the Tax Increment Act. These revenues shall not be used to circumvent any levy limits. B. Use of Tax Increment Pursuant to Section 469.176, Subd. 2, of the Tax Increment Act, in the year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax Increment financing plan including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subd. 3, the City shall use the excess is amounts to: 1. prepay any outstanding bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess amount to the County Auditor for distribution as provided in Section 469.176, Subd. 2, of the Tax Increment Act. r 5 11 1 = 1 • I • 1 = 11 = 1 0 Pursuant to Section 469.176, Subd. 1, of the Tax Increment Act: 1. No tax increment shall be paid to the City for the Tax Increment District after three (3) years from the date of certification of the original net tax capacity value of the taxable property in the Tax Increment District by the County Auditor unless within the three 3) year period: (a) bonds have been issued pursuant to Section 469.178 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Chapter 474 prior to August 1, 1979, or (b) the City has acquired property within the Tax Increment District or (c) the City has constructed or caused to be constructed public Improvements within the Tax Increment District. 2. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the Tax Increment District may be terminated If sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. 3. The City has determined that parcels constituting 70% of the area of the proposed Tax Increment Financing District are occupied by buildings, streets, utilities or other Improvements and more than 20% of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. At least 30% of the area of each parcel contains improvements. These findings qualify the district as a redevelopment district pursuant to Minnesota Statutes, Section 469.174, Subdivision 10(2). No tax increment shall in any event be paid to the City from the Tax Increment District after twenty five (25) years from the date of the receipt of the first tax increment or after the goals of this plan have been satisfied, whichever comes first. Modification of this tax increment financing plan pursuant to Section • 469.176, Subd. 4 of the Tax Increment Act shall not extend the durationai limits of the provision. At least 90% of the tax increments derived from the redevelopment district will be used for redevelopment - related costs. 4. if, after four (4) years from the date of certification of the original net tax capacity value of the Tax Increment District pursuant to Section 469.177 of the Tax Increment Act, no demolition, rehabilitation or renovation of property or other site preparation, including improvement of a street adjacent to a parcel but not installation of an underground utility service, has been commenced on a parcel located within the Tax Increment District by the City or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel, and the original net tax capacity value of that parcel shall be excluded from the original net tax capacity value of the Tax Increment District. If the City or the owner o the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel, including improvement of a street adjacent to that parcel, in accordance with tax increment financing plan, the authority shall certify to the County Auditor that the activity has commenced, and the County Auditor shall certify the net tax capacity value thereof as most recently certified by the Commissioner of Revenue and add it to the original net tax capacity value of the Tax Increment District. For purposes of this subdivision, "parcel" means a tract or plat of land established as a single unit for purposes of assessment. r A list will be maintained by the City to document all building permits issued within the District for private redevelopment including alterations, additions, new construction and demolition. Pursuant to Section 469.176, Subd. 3, of the Tax Increment Act, no tax increment shall be used to pa any administrative expenses for the Tax Increment District which exceed ten percent (10%) of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the Tax Increment District, whichever is less. The parcels identified for acquisition at this time are those comprising the entire Tax Increment District No. 6. 1. Any properties identified for acquisition will be acquired by the City only in order to accomplish one or more of the following: provide land for needed public streets, utilities and facilities; cant' out clearance and a demolition program to accomplish the uses and objectives set forth in the Development. 2. The following are conditions under which properties not designated to be acquired may be acquired. The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this tax increment financing plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. F. Estimate of Project Investment The City has received a proposal and executed a Development Agreement for the redevelopment of Block 47 and abutting rights of way. The City has received proposals for the redevelopment of Block 47 Including abutting rights -of -way. The City expects total Redevelopment Project Investment for property tax purposes to be $1,250,000 in Block 47. There are no development activities related to this plan for which contracts have already been entered into. The City reasonably expects to have a Developer or Developers for the redevelopment of Block 47. The Redevelopment Program contemplates a completed project within 12 to 14 months for the redevelopment of Tax Increment District No. 6. The City expects to expend all tax increments received from the tax increment district. i V51 item Estimated Cost (See Exhibit B) • R=777 11 =1 Tax increments generated in Redevelopment Tax Increment District No. 6 will be paid by McLeod County to the City of Hutchinson for its Tax Increment Activities for said District. The City will use the tax increment funds in accordance with the provisions of the Development Agreement. Tax increment is the primary source of revenue for public costs. The City may also use special assessments, user charges and land sales and other revenue to defray public costs. J. Estimate of Tax Increment The estimate of tax increment is set forth on the following pages. K. Or Net Tax Capacfty Value . Pursuant to Section 469.177, Subd. 1, of the Tax Increment Act, the Original Net Tax Capacity Value ( "ONTO ") for Tax Increment District No. 6 is estimated to be $16,551 on all taxable real property within the Tax Increment District. Pursuant to Section 469.177, Subds. 1 and 2 of the Tax Increment Act, the County Auditor shall certify in each year (beginning in the payment year 1994) the amount by which the original net tax capacity value has increased (see next section) or decreased as a result of a change in tax exempt propPerty within the Tax Increment District, reduction or enlargement of the Tax Increment Distnct or changes in connection with previously issued building permits. In am year in which the current net tax capacity value of the Tax Increment District declines be ow the ONTO, no net tax capacity value will be captured and no tax increment will be payable to the City. 0 n L. Current Net Tax Capacity Value The current net tax capacity value is the same as the original net tax capacity value set forth in Subsection K. X _. :. T: r - lt, = t Pursuant to Section 469.177, Subd. 1, 2 and 4, of the Tax Increment Act, the estimated captured net tax capacity value in the Tax Increment District No. 6 within Development District No. 4 as of January 2, 1993 (for 1994 collection), first captured date, will be $57,725. The City expects to use 100% of the captured net tax capacity and the resulting Increments. l =11 =1 1= 1 l• h• l 1- 1= 11i M riMMM-M1111 1�1 The tax increment received with respect to the Tax Increment District shall be segregated by the City in a special account or accounts on its official books and records. o 9 . 1. Pursuant to Section 469.176, Subd. 1, of the Tax Increment Act, the duration of Tax Increment District No. 6 within Development District No. 4 of the City will be no more than twenty five (25) years after the date of receipt by the City of the first tax increment or the point at which the City's plan has been satisfied. The date of receipt by the City of the first tax increment will be approximately July 15, 1994. The City expects the District's duration will be the maximum permitted by law. • P. Estimated Impact on Other Taxing Jurisdictions It is anticipated that net tax capacity value of the parcels included in the Tax Increment District will remain stable from year to year after project completion because of the construction thereon, the impact of tax increment financing on the net tax capacity values of all taxing jurisdictions in which the Tax Increment District is located In whole or in part would also remain stable from year -to -year. Based on this assumption, it is anticipated that tax increments will be captured annually. The estimate is based on the qualifications Identified in this report and does not include the possible tax increment derived from any other future development, tax capacity changes or inflation factors. 0 K • Latest Net Tax Capacity I f Each Government Body (latest figures available) 1990/91 1990/91 Net Tax Eby Net Tax Capacity Rates Percentage of total McLeod County $12,654,484 35.366 28.89% I.S.D. No. 423 (Hutchinson) 6,433,090 52.199 42.64% City of Hutchinson 5,034,937 34.656 28.31% Regional Development Commission 12,654,484 .191 .16% Total 122.412 100.00% School District No. 423 comprised 42.64% of the 1990 /91 tax capacity rate, while McLeod County comprised 28.89 %. The City of Hutchinson made up 28-31% of the 1990/91 cumulative tax capacity levy for the taxing jurisdictions affected by the Tax Increment District proposal, and the RDC was 0.16% A tax capacity rate of 122.412 has been utilized in this tax Increment financing plan. If the new taxes estimated within the Redevelopment Tax Increment District are captured for the duration of the District, taxes and values will experience no change until termination of the District. After that time, the amounts identified below will be available to the taxing jurisdictions. If the new taxes upon completion were not captured (and if the project could be done without tax increment financing), they would be distributed annually as follows: McLeod County $14,561 I.S.D. No. 423 (Hutchinson) 21,471 City of Hutchinson 14,264 Regional Development Commission 106 Total $50,4 The City is subject to reporting requirements specified in Minnesota Statutes, Section 469.175, Subd. 5, 6 and 6A and will comply with said requirements. • ius R. Requirements for Agreements with the Develop • Pursuant to Section 469.176, Subd. 5, of the Tax Increment Act, no more than ten percent (10 %), by acreage, of the property to be acquired In the Tax Increment District as set forth in the tax increment financing plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Section 469.178 of the Tax Increment Act without the City having, prior to acquisition in excess of ten percent (10 %) of the acreage, concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the City should the development not be completed. S. Assessment Agreements The City may, upon entering into a development or redevelopment agreement, enter into a written assessment agreement in recordable form with the developer or redeveloper of the property within the Tax Increment District which establishes a minimum market value of the land and completed Improvements to be constructed thereon, until a specified termination date, which date shall not be later than the duration of the Tax Increment District. The assessment agreement shall be presented to the County Assessor of McLeod County, who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the Improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, In the judgment of the County Assessor, to be a reasonable estimate, the Assessor shall certify the minimum market value contained in the agreement. An assessment agreement is not anticipated for this proposal. T. Assumptions and Analysis for Tax Increment Redevelopment District • Projected Net Tax Capacity Value After Construction $57,725 Current net tax capacity value estimated 1990/91: $16,551 Captured net tax capacity value: $41,174 Projected Timing First Tax Increment received approximately July 15, 1994 Original Net Tax Capacity Value. Est. $16,551 Captu red Tax Capacity $41,174 Tax Extension Rate 122.412 Estimated Tax Increment $50,402 Tax Capacity Rate 1990/91 Tax Capacity Rate - 122.412 Assumed Future Tax Capac Rate - 122.412 Bond Issue More 4 project: Bonds will be sold in an amount not to exceed $575,000. 0 11 The City anticipates issuing G. O. bonds to finance the activities of the district. (See Exhibit C). The tax increment upon completion has been calculated at approximately $50,402, assuming a static tax capacity rate of 122.412. c,•= ��- 1• •l • Jurr. - M. ••11 =1 l =11 =1 15 141h1• - 1• See Exhibit A. ;: .l_.: .. As required by the Tax Increment Financing Act, in establishing Redevelopment Tax Increment Financing District No. 6, the determination has been made that the anticipated development and improvements would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary and has been based upon negotiations with the developer and upon City staff awareness of the feasibility of developing the subject site. • 1• =• l zIMM .l Building permits are expected to be issued in 1992 for redevelopment activities to be located on Block 47 and rights -of -way. X. • i • 1 of 1 • PUTTed The City shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of Tax Increment District enlargement with a listing of all properties within the Tax Increment District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the tax increment financing plan by the municipality pursuant to Section 469.175, Subdivision 3, of the Tax Increment Act. The County Auditor shall increase the original net tax capacity value of the Tax Increment District by the net tax capacity value of improvements for which a building permit was issued. The City of Hutchinson is establishing Redevelopment Tax Increment Financing District No. 6 to preserve and enhance the tax base of the City and State and to correct the blighted condition in Tax Increment Financing District No. 6. is 12 • The foregoing program and plan have been prepared on behalf of the City by Ehlers and Associates, Inc., Minneapolis, Minnesota, and are hereby approved by the City Council of the City of Hutchinson, Minnesota, this day of . 1992. By: Mayor Attest: City Administrator • 13 1. Block 47 CITY OF HUTCHINSON, MINNESOTA LEGAL DESCRIPTION OF PROPERTY TAX NCREMENT DISTRICT NO.6 Ii. Street right -of -way as follows: First Avenue Northeast from the eastern boundary of Jefferson, east to the eastern most right -of -way line of Adams Street. Adams Street from the northern most right -of -way line of Jefferson Street extended, south to the southern most right -of -way of Washington Avenue. Washington Avenue from the eastern most right -of -way line of Adams Street, west to the eastern most right -of -way line of Jefferson Street. III. 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 comer of Block 47 In said plat; thence South 0 degrees 38 minutes 02 seconds East, 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 214.14 feet; thence North 74 degrees 26 minutes 30 seconds West a distance of 62.18 feet to the point of beginning. • �ii.s . ,. • 1 1 1 . � 1 1 --• 1. .. .. � 1 \`��• _.- I- •--- � -..j_— - --� - -- �►'' it01e M N t 8 FIRST AVENUE NORTHEAST c.or 04124ow 10 ee�•ts to t •+'�w;2��•r! Ot.00 _ et !o r it r. - `'! • N0� ' to 10 I w w �t e ~ 4M b �_' ~ trnis w rt . ` ,usn so r r / trill le r1 ` � -~left to ri on — e - 4r 1tar� `�+I �/:• •/�- -- -� - — — -- — ---- - -- -- — --- I 7 z UP a BLOC 48 a s BLOCK 47 s' l '' e Q I 11er� !rc t1 J LL I r 1 1 4 7 4 I'f If (- -- ---_.. ... .. .._.. _... �y .. .. _.._.. .. __... -•---• I .. ._. _ _.. . .. ..— i _-- ..-- .. —... .- - - --I( i o� --1 1 m N ' t l i 6 li S I 1 ri! I .e' CERTIFICATE OF SURV 131.900 WASHINGTON for CITY OF HUTCHINS-N - AVENUE '.«w►. «.h Ir.1 e.. rwMr +» w2r«M w M « wM• *r M «. wow...•-. w rtre -� •.�•. 110P L-14~ l«•r lM..N' - .. 10.. N .4t iNN s' ..wMr.N• r.•we I.w .•Mw, L..MN M sere er. r.w... I, /ff1 ►IU..I../n /..N41.N1 - ..r -..1.■ em.1" I I 6 S �: Q .. _ K !e rill e! - 211110.60 »N• to 14 "c rN -0 01876 rw. r -r! Past If I 1 CITY OF WrCHINSON, MINNESOTA PROJECT COSTS PHASE it MORE 4 DEVELOPMENT 46,000 sq. ft. Commercial Center • BLOCK 48 - TIF 5 Wigen (Lots 1, 2, 4, 5) Janousek (Lot 3) BLOCK 47 - TIF 6 Farmers Elevator Fans Service Elks Laundromat Christopher Trucking and Simonson's Railroad 0 Total Acquisition and Relocation Payment of 2nd half 1992 taxes Demolition Asbestos Removal Consultant Cost of Financing Bond Discount Less: Funds on Hand Administration and Contingency Construction Interest (Serial Bonds) Bond Issue Expected Taxes @ 1.50 /sq. ft. Frozen Base Taxes (1991) Increment per Year for Debt Service $85,000 85,000 215,000 30,000 Zt3 12,000 t 96.321 $816,321 20,000 110,000 20,000 45,000 19,000 9.000 $1,039,321 I $69,000 $41 ,$74 0 Ehlers and Associates, Inc. FILE = NUTCNSER Financial Advisors 12/30/1991 1:06 PM YIELD STATISTICS CITY OF HUTCHINSON, MINNESOTA Accrued Interest from 03/01/1992 to 03/01/1992... - Serial Bands of 1992 14.380 YEARS Bond Years ......... ............................... DEBT SERVICE SCHEDULE Average Coupon ..... ............................... DATE PRINCIPAL COUPON INTEREST DEBT SERVICE 3/01/1992 - - 6.1262025% - 9/01/1992 - - 14,945.00 14,945.00 3/01/1993 - 14,945.00 14,945.00 9/01/1993 - 1f,94S.00 14 945.00 �l :1;:7xf<;s>i:::ii: :. .................... •: 4 ......:.....:i iii: ii:ivi::•i ivi:P iT. i. ii}:, t: vil: Yi %••:. u. vOC� ^:ti4i:•:4:4i }}iiiiiiiiiiii: _ ::.::.::::.:..:. i:G:i ii v: }v;iii ?:::: ^i:};:j j+G. ': yyyx_ S•1 ::: >........:5:'3: iiiiii ii };.i;•w•i.:w:iiiiii };;.:.:i:• . ...... .. ....� ?.::•ii:ii:t :. ... ii::•.wrv�: iiii:iv::::�:. :!:...... ff l 9/01/1994 - - 14,945.00 14,945.00 3/01/1995 15,000.00 4.SOOW% 14,945.00 29,945.00 9/01/1995 - - 14,607.50 14,607.50 3/01 /1996 000.00 4.75000% 14 607.50 29,607.50 }011 996. _15 >:........ :; >::.:: »::......<F ►,251 5> ....:..........111:;25 f. 5 :: 3/01/1997 15,000.00 5.00000% 14,251.25 29,251.25 9/01/1997 - 13,876.25 13,876.25 3/01/1998 15,000.00 5.15000% 13,876.25 28,876.25 9/01/1998 13,490.00 13,490.00 ;:3/01!:1999 :..::..:.. #5iOD ::..:..30D007G' >' #4D6C' .:....:...:..ZB 491LDO 9/01/1999 - 13,092.50 13,092.50 3/01/2000 20,000.00 5.45000% 13,092.50 33,092.50 9/01/2000 - 12,547.50 12,547.50 3/01 /2001 20.000-00 5.60000% 12, 547.50 32, 547.50 . : >.::9J01/2001 . .. -. •... ...............11,;r8T.W, 3/01/2002 20,000.00 5.75000% 11,987.50 31,987.50 9/01/2002 - - 11,412.50 11,412.50 3/01/2003 20,000.00 5.90000% 11,412.50 31,412.50 9/01/2003 - 10,822 t0,a22 50 3/01/2004 25,000.00 .:' :.11.00000% . ,:......!0,8225:50. ;: :.:......35;822 50 : : :- 9/01/2004 - - 10,072.50 10,072.50 3/01/2005 25,000.00 6.00000% 10,072.50 35,072.50 9/01/2005 - 9,322.50 9,322.50 3/01/2006 25,000.00 6.10000% 9,322.50 34,322.50 9/0172006 .. . - _ : ::':15,560 >00 3/01/2007 25;000.00 6.15000% 8,560.00 33,560.00 9/01/2007 - - 7,791.25 7,791.25 3/01/2008 30,000.00 6.20000% 7,791.25 37,791.25 9/01/2008 - - 6,861.25 6,861 25 :3/01/2009 .. ...;30.000.:00 ..: `./1.'250001: x.,86125 ...r ':...36;861 25 9/01/2009 - - 5,923.75 5,923.75 3/01/2010 35,000.00 6.30000% 5,923.75 40,923.75 9/01/2010 - - 4,821.25 4,821.25 3/01/2011 35,000.00 6.35000% 4,821.25 39,821.25 3/01/2012 35,000.00 6.40000% 3,710.00 38,710.00 9/01/2012 - - 2,590.00 2,590.00 3/01/2013 40,000.00 6.450 00% 2,590.00 42,590.00 9/ - 1,300.00 1,300 00 ::. : 00 .00 . .A0 :: TOTAL 500,000.00 443,750.00 943,750.00 Ehlers and Associates, Inc. FILE = NUTCNSER Financial Advisors 12/30/1991 1:06 PM YIELD STATISTICS Accrued Interest from 03/01/1992 to 03/01/1992... - A verage Life ....... ............................... 14.380 YEARS Bond Years ......... ............................... 7,190.00 Average Coupon ..... ............................... 6.1717663% Net Interest Cost ( NIC) ........................... 6.1717663% Bond Yield for Arbitrage Purposes ................. 6.1262025% T rue Interest Cost (TIC) .......................... 6.1262025% Effective Interest Cost (EIC) ..................... 6.1262025% e 1 DOW January 17. 1992 M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ. PERSONNEL COORDINATOR A ' S RE AMAIR SAFETY MANUAL A new Safetv Manual has been developed to comply with the 'ANAIR ACT' to Workplace Accident and Injury Reduction Act) which was passed by the Minnesota Legislature. Minnesota OSHA is the enforcement authority for the AMAIR ACT. Upon approval by the City Council, copies of the manual will be distributed to city employees. 0 • City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recycled paper - C 1991 • • • TABLE OF CONTENTS FOREWORD. I I. SAFETY POLICY STATEMENT 2 II. EMPLOYEE RESPONSIBILITIES 2 III. SAFETY COMMITTEE 3 IV. SAFETY TALKS 3 V. NEW EMPLOYEE TRAINING 4 VI. SAFETY PRACTICES 5 VII. SAFETY PROCEDURES 5 ul awair wd4 SAFETY MANUAL This safety manual has been developed to comply with the •AWAIR ACT' (A Workplace Accident and Injury Reduction Act) which was passed by the 1990 Minnesota Legislature (MN Statute, Section 182.653). The law requires a written workplace accident and injury reduction program that promotes safe and healthful working conditions and is based on clearly stated goals and objectives for meeting those goals. Each unit of the City of Hutchinson (Utilities - Hospital - Nursing Home) is responsible for maintaining a master manual for its operation. The Department of Labor and Industry, Occupational Safety and Health Division (MN OSHA) is the enforcement authority for the AWAIR ACT, which becomes effective July 1, 1991. FOREWORD It is with special concern for the well-being of the employees of the City of Hutchinson that we proclaim SAFETY as a primary objective in the operation of the City. This Safety Manual represents policies that have been developed to protect employees and the general public from harm. Copies shall be kept in each department of the City. The success of our ongoing safety programs depends on individual employees. It is continued dedication to safe work practices and suggestions for future improvements which will make this a such safer municipal organization. THINK AND WORK safely! Gary D. Plotz, City Administrator 1991 -1- I. SAFETY POLICY STATEMENT • The City of Hutchinson is committed to the safety of its employees. Both the City as well as each employee within the organization share the responsibility of supporting sound safety practices. The City of Hutchinson will continue to provide a safe working place by: 1. Making available all reasonable safeguards, both personal and mechanical. 2. Maintaining equipment, tools and machines in good order. 3. Studying and developing safe operating methods. 4. Training employees in the application of safe work practices. 5. Complying with Federal, State and Local Laws regarding safe working conditions and accident prevention. Each employee's responsibility is critical in a program like this. Each employee represents far more than a passive element in the safety program. Active employee participation in the following areas is a necessary ingredient for a successful program: 1. Complying with department safety rules. 2. Becoming involved with the City Safety Committee. 3. Spotting and reporting hazards as quickly as possible and alerting fellow workers to these hazards. 4. Using common sense in all matters of safety. The combined efforts of both the City and all employees will lend credence to the philosophy that 'no job at-the City of Hutchinson is really done well unless it's done safely.' II. EMPLOYEE RESPONSIBILITIES Safety is self - rewarding, therefore, each employee should be the person most concerned about his /her own safety. In addition, each employee has certain duties and obligations to the organization. They are: 1. Knowing thejob and always applying safe work practices. 2. Recognizing the hazards of the job and taking precautions to assure the safety of self and others. 3. Informing the supervisor of hazards and recommending ideas for elimination of these hazards or improving the condition so work is made safer. 4. Actively participating and cooperating with the overall Safety Program. 5. Reporting all injuries immediately; minor first aid injuries as well as major problems. 6. Recognizing that the ability to work is dependent on good personal health habits. It will be the responsibility of all employees to acquire the degree of knowledge, safe work procedures and standards of performance that are • necessary to perform their jobs without injury. Assistance and instructions are constantly available. Employee suggestions for maintaining a safe working environment are important. -2- III. SAFETY COMMITTEE The Safety Committee representing manaaement and supervisory staff is designed to represent employees from all work areas possible. A member of the committee may be appointed Safety Director. All employees are encouraged to present safety suggestions to the Safety Committee. It is the function of designated members of the Safety Committee to perform periodic work area inspections. The Safety Committee as a whole will conduct regular safety meetings. At these meetings the Safety Committee will review the following: 1. Mork area inspections. 2. Recent accidents and injuries, both first aid and more serious. 3. Discuss in turn. the safety difficulties in each work area. 4. Review the previous period's safety problems to determine goal dates or to note completion. Notes will be kept at the meetings and will be available for all employees to review. The Safety Committee will be responsible for reviewing quarterly and annual reports of the following: 1. Days city wide without lost time. 2. Individual department days without lost time. 3. First aid injury log (look for patterns of accident types). r 4. Lost time accidents. INVESTIGATIONS. A subcommittee of the Safety Committee will be responsible for investigating accidents and employee compliants. These investigations will be completed within 72 hours of an accident's occurrence or within 10 days of receipt of an employee's complaint. 1. One copy to personnel file of employee(s) involved. 2. One copy to the department involved. 3. One copy attached to City copy of First Report (if one is filed). A goal date for resolution of the problem should be set upon completion of the investigation. IV. SAFETY TALKS Brief safety talks will be held on a regular basis by departments. They will consist of presentation of a new idea or problem in that department. Safety talks are valuable tools in keeping all employees current on matters of importance and allowing safety matters to be discussed and taken care of when they cannot wait for the regular safety meeting. Employees are encouraged to participate and may actually give the meeting if the topic is discussed with the supervisor beforehand. Because safety, housekeeping, quality and productivity are all related, these meetings may be used to discuss problems affecting any one of these areas. In addition to regular safety talks, there will be City -wide safety meetings on an annual basis. a9z V. NEW EMPLOYEE TRAININS New employees will be given a thorough training session on the City philosophy of safety. They will be instructed on the requirements the City expects of all employees in the area of safety and the guidelines that have been developed to promote accident prevention. This training may be done through video presentation. New employees will be told the necessary personal protective equipment to wear or purchase as required by OSHA and City policy. Emphasis will be placed on using this personal protective equipment to prevent employee injury. Special emphasis should be placed on the fact that safety practices and personal protective equipment are not debatable or negotiable items. Supervisors will explain to new employees that it is their obligation to acquire the necessary safety skills and the proper attitude toward loss control as sponsored and promoted by the City. Presentations will explain employees' involvement in department safety meetings and expected contributions in improving the overall program. The supervisor in charge of the employee will give the employee a tour of the work area. The supervisor should point out specific hazards and conditions of exposure. In the case of maintenance employees, the supervisor will train the new employee in the specific operations of the job, such as: 1. What is the function of the equipment? 2. How does the equipment operate? (Repetition may be necessary here �- until the employee learns the operation.) 3. What is the safest way to operate the equipment? (The safest way may not always be the easiest or shortest way.) 4. What are the dangers of the equipment or procedures? 5. What accidents have occurred on this equipment in the past and how did they occur? How could they have been prevented? b. What is the normal maintenance on this equipment during the course of normal wear? 7. What is done in case of an abnormal breakdown? What sound or signal would indicate a problem? 8. Preplan your action in case of normal or abnormal breakdown so that you know exactly what to do. The supervisor will emphasize to new employees that standards of safe operating procedures will be enforced. Safety rules are not to be broken. Until the new employee is thoroughly familiar with the new job, the supervisor will be in frequent contact to discuss any problems or questions that arise. :7 —4— VI. SAFETY PRACTICES Maintenance employees will follow everyday safety practices: , 1. Hardhats and safety glasses will be worn by all persons working in maintenance areas when conditions dictate. 2. Safety vests or orange safety shirts will be worn when working in traffic areas. 2. Steel -toed work shoes or boots, in good repair, will be worn by all persons working in maintenance areas. 3. Clothing should be appropriate for the job and temperature of the work area. 4. Gloves should be worn (when dexterity permits) when the job requires the handling of sharp, greasy, or ragged edged materials. Gloves should always be worn when the label on a product requires their use (chemical solvents). 7. Never carry tools or sharp objects in pockets, where they may cause injury if you forget that they are there. 9. NEVER smoke, eat or drink with any type of chemical residue left on your hands. Thif includes paints, solvents, degreasers, and any other shop chemical. VII. SAFETY PROCEDURES The employer and employee may review safety procedures and rules during their regular safety talks. Where appropriate, the department heads may post specific department safety rules. ttfftttt -3- M E M O R A N D U M DATE: January 23, 1992 TO: Hutchinson City Council FROM: Doug Meier SUBJECT: REQUEST AUTHORIZATION TO ADVERTIZE FOR BIDS FOR THE PURCHASE OF EQUIPMENT AS INDICATED BELOW: MOTOR POOL 1 - Motor Grader STREET DEPARTMENT . 1 - Asphalt Compactor, Dual Drum 1 - Router 1 - Material Melter Applicator Equipment indicated here was approved for purchase in the 1992 budget. �1 1w, • 9 R V I/ As you are further aware, this position 1992 budget. Also, attached hereto is a t lthough the personnel coordinator has no far as a pay grade I would recommend at 20 his position. The current dispatch pay J� HEHORANDUH TO: Gary Plotz, City Administrator FROH: Steve Madson, Chief of Police DATE: January 23, 1992 RE: Dispatch Supervisor During the budget preparation period for the 1992 city budget I incorporated several specific ideas and goals for the police department. One of these goals was to develop the position of dispatch supervisor. As you are aware, in the past a sergeant has been assigned to supervise the dispatch center. With a sergeant working a revolving shift it has been very difficult to develop a congruent supervision style which affords daily contact with the communications center. Additionally, the sergeants are not well versed in the interworkings of the communications area and computer systems which leaves a void in the decision making process when questions arise regarding an operational type of question. Therefore, it would be extremely advantageous to develop this position and to implement it as soon as possible since the city of Hutchinson will continue to provide a communications center within the community. I would request that you r eview t on the agenda for the January 28, city council approval. was budgeted for in the sample job description. t evaluated this position least of pay grade 8 for grade is a pay grade 7. and also place it sncil meetin r If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg 92 -02 -0003 DICTATED BUT NOT READ I i- y - �, �--- Gar y - I would agree that a dispatch supervisor would be a Pay Grade VIII when supervising Grade VII dispatchers. 0 Hazel ?-M Policy The position of dispatch supervisor will supervise all full and part time dispatch personnel within the police department. Also, the dispatch supervisor will provide clerical and administrative support to the police department. This position comes under the authority of the Chief of Police. Duties and Responsibilities 1. Supervise and develop dispatchers to assure effective and consistent communication between the community and its emergency services. 2. Maintain a work schedule for the dispatch section to.assure adequate coverage at all times. 3. Evaluate performance of dispatch personnel and as a result may provide guidance for correction or training, may take disciplinary action and may make recommendations for promotion and transfer. • 4. Instruct dispatchers in correct procedure for data entry into the police department computer systems and the criminal justice recording system. 5. Monitor daily occurrence reports to ensure consistency and accuracy in reporting. 6. Keep Chief of Police informed of any pertinent happenings as they occur. 7. Perform other duties and assume other responsibility as apparent or as assigned. Equipment A dispatch supervisor shall be knowledgeable and /or qualified to operate the radio console, computerized communication system, telephones, teletypewriter, typewriter, tape recorder, copy machine. Qualifications A dispatch supervisor shall have a high school education plus two (2) years full time or five (5) years part time dispatching experience. Ability to perform keyboard and record keeping functions with a high degree of accuracy, excellent communications skills, ability to respond in a calm manner in emergency situations and to obtain complete information under stress, ability to perform duties with distractions in crowded conditions, respect for confidentiality. 0 • Working Conditions The dispatch supervisors working condition is full time, normally daytime hours, with some flexibility as needed to ensure adequate dispatch coverage. Should be able to fill some shifts on dispatch schedule to cover vacation and compensation days. DAVID B. ARNOLD GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOGE LAURA K.FRETLAND DAVID A. BRUEOGEMANN P61'L D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCGEE TIMOTHY W. FAFINSKI MARY E. HORROCKS CATHRYN D. HEHER • January 9, 1992 OF COUMSEL WILLIAM W. CAMERON RAYMOND C. I-ALLIER PAUL M. BEGICH CHARLES R.CARMICHAEL" 5881 CEDAR LAKE ROAD NEAPOLIS, MINNESOTA 55416 (612) 345-9000 MN TOLL FREE 800-343-4545 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389 -5506 City Administrator % 1 �-, (9 37 Washington Avenue West Z P � Hutchinson, Mn. 55350 41 1 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE H UTCHINSON, MINNESOTA 55350- (612) 587 -7575 ^ FAX (612) 587 -4096 ' RESIDENT ATTORNEY G. BARRY ANDERSON Q� Mr. Gary D. Plotz o• i Re: Transient Merchant Ordinance f Our File No. 3188 -87031 oe e\ Dear Gary: Enclosed please find a proposed Ordinance dealing with of the City's transient merchant ordinance. 1 992 N C4.a 1 y By N l k--1$ L2� the subject I have reviewed our ordinance in detail and I have compared it to similar ordinances in other jurisdictions. I have made the following changes for the following reasons: 1. I have deleted the language that allows an otherwise transient merchant to be relieved from complying with the provisions of this Section by associating temporarily with any local dealer, trader, merchant, auctioneer or organization. Most of the other ordinances that I have studied do not include this language. My concern is that this language is an exception which swallows the entire rule; any transient merchant may simply avoid the restrictions of the ordinance by arranging for the sale of goods from private property. Presumably an transient merchant is probably going to have such an arrangement since, under the ordinance, transient merchants may not sell in the public right -of -way. It would be my opinion that temporary sale locations, organized and established by already existing businesses ( e.g. - , the ShopKo garden products tent or a Cashwise sponsored outdoor produce sale) are exempted from this definition because they are not engaged in the " temporary business of selling and delivering goods." 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION r "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - ..a n/ Mr. Gary D. Plotz January 9, 1992 Page 2 • 2. I have provided in the ordinance for the regulation of the sale of agricultural products and I have also included a provision allowing the City Council to exempt such products from licensing if sold at a duly organized and authorized farmer's market. This might have the effect of encouraging participation in a farmer's market arrangement although, of course, that is a secondary and incidental issue with respect to this ordinance. Please note that the City Council retains the right under the present ordinance to set licensing fees and I believe the City Council has set lower rates for the sale of agricultural produce. While we are discussing the subject of agricultural produce, I believe there are two additional points worth considering. First, the City Council could choose, if it so desires, to exempt farmers and truck gardeners totally from the ordinance, but if the Council chooses to do so, it should include the qualifier that only farmers or truck gardeners selling their own merchandise are so exempted. A second, a related point, is that the language as presently drafted and presented to the City Council, does require shrimp vendors to register. 3. I have revised the language dealing with streets to make it clear that the City is not granting any rights to the use of public streets or public right -of -way and also giving discretion to a police officer to act immediately to clear a congested area, if necessary. 4. I would recommend that at the time the license is issued the following language be added to the license or set forth on a separate document: "I have received a copy of Section 6.22 of the Hutchinson City Code and I agree to abide by all of the terms and conditions set forth therein, as well as the terms and conditions of all other applicable state and local laws and ordinances. I understand that under Hutchinson City Code Chapter 1 and Section 2.99, violations of Hutchinson City Ordinances are misdemeanors." My reason for including this language is that many of these transient merchants may have absolutely no contact or connection with the community and while it is no defense to a violation of our local ordinance, the use of this language will eliminate the whining that sometimes accompanies attempts • Mr. Gary D. Plotz January 9, 1992 Page 3 to enforce the local ordinance. • 5. Some communities are requiring bonds of peddlers and transient merchants. I do not favor a bond requirement at the present time, at least in the absence of any proven abuse. The problem with a bond requirement is that it really needs to be enforced uniformally and the City probably has many transient merchants with which it has no or very little problem. This is an option to keep in mind for the future. For the Council's information, I am enclosing a copy of Section 6.22 as it now appears so that they can compare the ordinance in its entirety with the proposed changes. You might be interested to know that the also adopted a statute dealing with the merchants and that statute is found Municipalities are specifically authorized merchants under Minnesota Statute §329.15. Thank you. Very ily yoArs, G. Wiv And6rson GBA:Ilm Enclosure State of Minnesota has subject of transient at Section 329.099. to regulate transient 0 Ll ORDINANCE NO. 91- 2ND SERIES PUBLICATION NO. ' AN ORDINANCE OF THE CITY OF CITY CODE SECTION 6.22 DEALING TRANSIENT MERCHANTS AND ADOPTING AND SECTION 2.99 WHICH, AMONG PROVISIONS. HUTCHINSON, MINNESOTA, AMENDING WITH PEDDLERS, SOLICITORS AND BY REFERENCE CITY CODE CHAPTER 1 OTHER THINGS, CONTAIN PENALTY THE CITY OF HUTCHINSON ORDAINS: • • Section 1. City Code Section 6.22, Subd. 1, paragraph (c) is hereby amended as follows: C. "Transient Merchant" includes any person, firm or corporation, whether as owner, agent, consignee, or employee whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, lodging house, apartments, shops, or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction_ previded that Such definition does not include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The- }verse -se engaged is relies temporarily with any e eel ^deale ,, trad L. I eL l eer e " dealer W- -41, as a part ef, er in the name ef any leeal I . The sale of farm or garden Products, whether or not sold by the person producing the same, shall be included within the definition set forth above provided, however, that the City Council may exempt such farm and garden products from the ordinance as are sold at a duly organized and authorized farmer's market. Section 2. City Code Section 6.22, Subd. 8 "Use of Streets" is hereby amended as follows: Subd. 8. Use of Streets. No licensee shall have nay exclusive right to any location in the public streets, nor shall any be permitted a stationary location in the public streets or public right -of -way nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this Section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. Section 3. City Code, Chapter 1 entitled "General Provisions 9-N and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this day of January, 1992. Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator First reading: January 14, 1992 Second reading: January 28, 1992 Published in the Hutchinson Leader on: is • § 6.20 C. Any performance or event in, or sponsored by, the McLeod County Agricultural Association, bona fide local church and non - profit organizations, provided that such organization shall be incorporated. D. Any performance or event in, or sponsored by, the City and the City Recreation Department. SEC. 6.21. TOBACCO Subd. 1. Definition. As used in this SEction, the term "tobacco" means and includes tobacco in any form, including but not limited to, cigarettes, cigars, bagged, canned or packaged product. Subd. 2. License Required. It is unlawful for any person, directly or indirectly, to keep for retail sale, sell at retail, or otherwise dispose of any tobacco in any form unless a license therefor shall first be obtained from the City. Subd. 3. Restrictions. A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. B. It is unlawful for any person to sell or give away any tobacco in any form to any person under the age of eighteen (18) years. Subd. 4. Prohibition of Sale of Tobacco Products by Vending Machines or Other Mechanical Means. A. No license shall be issued for a tobacco products vending machine located in a business, accommodation, refreshment, entertainment, recreation or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public. This prohibition shall not extend to lunchroom facilities available only to employees of a business and where said lunchroom facilities are not normally available to persons under the age of 18 years. B. For purposes of this section, the term tobacco products shall mean cigarettes, cigars, other smoking tobacco, snuff, chewing tobacco or any other kind of tobacco prepared in such manner so as to be suitable for chewing or smoking. Source: Ordinance No. 89 -14 Effective: 6 -1 -90 SEC. 6.22. PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS. • Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: 131 (7- 16 -90) �_W § 6.22 A. "Peddler" means any person, whether a resident of the City or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers. It does not include vendors who distribute products to regular customers on regular established routes. B. "Solicitor" means any person, whether a resident of the City or not, who goes from house to house, from place to place, or from street to street, in person or by telephone, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders. Such definition includes any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or other place within the City for the primary purpose of exhibiting samples and taking orders for future delivery. It does not include vendors who distribute products to or take orders from regular customers on regular established routes or display products or take orders at invited in -home demonstrations. C. "Transient Merchant" includes any person, firm • or corporation, whether as owner, agent, consignee, or employee whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, lodging houses, apartments, shops, or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merc andise, either privately or at public auction-; uch definition does not include any person who, while occupying temporary location, does not sell from stock,F but exhibits samples for the purpose of securing orders for future delivery only. -The person so engaged is relieved from complying with the provisions of this Section merely by reason of associating temporarily with any local dealer, trader, merchant, auctioneer or organization or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, auctioneer or organization. Subd. 2. License Required. It is unlawful for any peddler, solicitor or transient merchant to engage in any business within the City without first obtaining a license therefor from the City. Subd. 3. Exemptions. This Section does not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor to the acts of merchants or ' their employees in delivery goods in the regular course of business. Nor shall the provisions of this Section be applied to the acts of persons selling or displaying personal property, goods or wares to merchants or their employees for use in said merchant's 132 (7- 16 -90) S 6.22 business or sale upon consignment by said merchant. Nothing contained in this Section prohibits any sale required by statute or by order of any court, or prevents any person conducting a bona fide auction sale pursuant to law. Subd. 4. Application. Applicants for a license under this Section shall file with 'the City Administrator a sworn application in writing on a form to be furnished by the City Administrator. The application shall give the following information: A. Name and physical description of applicant; B. Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made; C. A brief description of the nature of the business and the goods to be sold; D. The name and address of the employer, principal or supplier of the applicant, together with credentials therefrom establishing the exact relationship; i E. The length of time for which the right to do business is desired; F. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery; G. A recent photograph of the applicant which picture shall be approximately 2" by 2" showing the head and shoulders of the applicant in a clear and distinguishing manner; H. The names of at least two property owners of McLeod County, Minnesota, who will certify as to the applicant's good character and business respectability, or, in lieu of.the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; I. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any City Code provision, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor; 133 (7 -1 -89) S 6.22 9 J. The last municipalities, not to exceed three, where applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities; K. At the time of filing the application, a license /investigation fee adopted by resolution of the Council shall be paid to the City Administrator to cover the cost of investigation of the facts stated therein. Subd. 5. Religious and Charitable Organizations, Exemption. The provisions of this Section shall not apply to any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass, or in public places for a charitable; religious, patriotic or philanthropic purpose. Subd. 6. Investigation and Issuance. A. Upon receipt of each application, it shall be referred to the Chief of Police, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this Section within seven (7) days after it has been filed by the applicant with the City Administrator. C. If the Council shall reject such application, the City Administrator shall notify the applicant that his application is disapproved and that no license will be issued. If the Council shall approve such application, the City Administrator shall deliver to the applicant his license. Such license shall contain the signature of the issuing officer and shall show the name and address of said licensee, the class of license issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to exceed one year from the date of issuance that the same shall be operative, as well as the license 134 (7 -1 -89) B. As a result of such investigation the Chief of Police shall endorse his approval or disapproval on such application and his reasons for the same, and return the application to the City Administrator who shall place the license before the Council for its consideration for rejection or issuance within thirty (30) days from the date of the application. C. If the Council shall reject such application, the City Administrator shall notify the applicant that his application is disapproved and that no license will be issued. If the Council shall approve such application, the City Administrator shall deliver to the applicant his license. Such license shall contain the signature of the issuing officer and shall show the name and address of said licensee, the class of license issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to exceed one year from the date of issuance that the same shall be operative, as well as the license 134 (7 -1 -89) S 6.22 number. Each peddler, solicitor, or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The City Administrator shall keep a permanent record of all licenses issued. Subd. 7. Loud Noises and Speaking Devices. No licensee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the City or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee.proposes to sell. Subd. B. Use of Streets. No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this Section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. Subd. 9. Exhibition of License. Licensees are required to exhibit their license at the request of any citizen. Subd. 10. Duty of Police to Enforce. It shall be the duty of the police to require any person seen peddling, soliciting or canvassing and who is not known by such officer to have obtained a license hereunder to produce his license and to enforce the provisions of this Section against any person found to be violating the same. Subd. 11. Records. The Chief of Police shall report to the City Administrator all convictions for violation of this Section and the City Administrator shall maintain a record for each license issued and record the reports of violation therein. Subd. 12. Revocation of License. A. Licenses issued under the provisions of this Section may be revoked by the Council after notice and hearing, for any of the following causes: 1. Fraud, misrepresentation, or incorrect statement contained in the application for license; 135 (7 -1 -89) S 6.22 0 2. Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor; 3. Any violation of this Section; 4. Conviction of any crime or misdemeanor; S. Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the case may be, in an unlawful manner or 'in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. B. Notice of the hearing for revocation of a license shall be given by the City Administrator in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing. Subd. 13. Reapplication. No licensee whose license has been revoked shall make further application until at least six (6) months have elapsed since the last previous revocation. Subd. 14. Expiration of License. All annual licenses issued under the provisions of this Section shall expire at midnight the 31st day of December in the year when issued. Other than annual licenses shall expire at midnight on the date specified in the license. SEC. 6.23. GARBAGE AND REFUSE HAULERS. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Garbage" means all putrescible wastes, including animal offal, and carcasses of dead animals but excluding human excreta, sewage and other water - carried wastes. B. "Other refuse" means ashes, crockery, boxes, rags and similar non - putrescible wastes but excluding glass, cans, paper and other recyclable materials, sand, earth, brick, stone, concrete, trees, tree branches and wood and construction materials. 136 (7 -1 -89) 0 M E M O R A N D U M DATE: January 22, 1992 TO: Hutchinson City Council FRO14: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF ADOPTION OF PROPOSED ZONING ORDINANCE #464 - CITY OF HUTCHINSON After discussion and clarification of concerns and comments requested by Mr. Don Glas, Pres. Firstate Federal, and Mr. John Bernhagen, HCDC, the Planning Commission recommends adoption of the final draft of the Zoning Ordinance with attached revisions. Bonnie will correct grammatical errors before the final adopted printing. Citrl Hall Parks & Recreation 37 1V17S11ington Az•enne I1'est 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - T' - ; : :f , •I 1 iII * - Police Department 10 Franklin Street Soutar (612) 587-2242 / v • COMMENTS ON FINAL DRAFT OF ZONING ORDINANCE - John Bernhagen Section 4 - Non - Conforming Lots - Should this section follow the General Provision? (Maybe after the present Section 7 ?) 4.05 - Repairs and Maintenance - Could this 10% limitation lead to un- needed disrepair? Can you do 10% this 12 months and another 10% next 12 months and so on? Maybe the limit could be tied to some master plan or time table for the eventual discontinuance of the non - conforming use. 6.04 - Again, it seems general provisions should come first and then exceptions. 6.07, c., 2. - Floodway and Flood Fringe District - Does the Corps of Engineers need to be notified? 7.10 - Yard Space Encroachments - (c) does not make sense. 7.14 - b & c together would allow for an unsitely building 16x62.5 rather than say 20x50 or 25x40. (Jim has addressed this and it has been corrected on the master copy of the draft.) 8.01 - What if land were to come into city next to industrial zoned land say on east side of Hutchinson, would it take six months for just the report time to expire before any word could be given if a proposed industry wanted to located in Hutchinson? (See paragraph that starts with the words "all territories... ") 8.03 - (2) - May shut out 1st time home buyers. 24x36 =864 standard size. 960 x 42 = 40,320 + 15,000 for lot = 55,320 500 /month payment = $24,000/yr gross income. Too HIGH a sq. footage. 8.03, (4) - second "of" I think should be "or ". 8.03, (5) - Deals with manufactured homes. It should not be buried but have its own Manufactured Home sub - heading. 8.04 (7) - Does this exclude a maid or grounds keeper? 8.04 page 8 -7 - Under Accessory Uses - Swimming pools - exclusive use of occupants of the principal. 1. Principal what? 2. Exclusive ? Could I invite my friends or could they only look over the fences? 8.11 - Under purpose should read by adding "Central " after C -3? 8.12 - c,4, - Dimensional Requirements - Why 25 ft. Street Right of Way for building setback. Is 25 enough, others are 30 ft. Where would a grain storage or grain elevator be located. the concern in the height restriction under I -C, I -1, and I -2. q Tanuary 21, 1992 fIRSTATE FEDERp►L Planning Commission & Council Members City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: Final Draft - City of Hutchinson Zoning Ordinance Dear Planning & Council Members: it' L 31ry f ' t Sti� 2 � `J In reviewing the proposed zoning ordinance changes, I noted in Section 8.03, Subsection 2, (Rules for Structures in Districts), that "principal structures shall have at least 960 square feet of habitable interior room, excluding garage and basement." This square foot limitation would appear to have a negative effect by limiting the affordability of new construction to very low -, low- and moderate - income individuals as defined under the Affordable Housing Section of the Financial Institutions Reform Recovery and Enforcement Act. It would also have an effect on young families, elderly individuals whose families have left the household, as well as single individuals. Affordable Housing should continue to be a concern for all communities. First State Federal Savings and Loan Association, as mandated by Community Reinvestment Regulations, offers programs for very low -, low -, and moderate - income people. Structure requirements of this size would place an added burden on these programs. I am not familiar with the rationale used in determining the 960 square foot figure, and I would be interested in knowing how this was determined. I encourage consideration for a lower threshold while it continues to be under the control of the City of Hutchinson. Your consideration regarding this matter would be greatly appreciated. I shall await your response. Best regards, 'ald A. G1 ident /CE ah W • • HUTCHINSON MA:N HUTCHINSOON SOUTH LITCHFIELD BUFFALO GLENCOE WACONIA WINTHROF :� 9C5 ^v a•. ' " ;;;�Ih 9 50' v S,bi,iy A,e %e ' 9 Central Avenue '002 Gree ev Aver 0 c 2 c _ �•e 0 stage Ra Hwy 5 _a_; : � St 5d °G 31'7 P C _:x ;: ? � Eox Y' _ .ot 2 • • 8.0 ZONING DISTRICTS AND ZONING MAP 8.01 Establishment of Zoning Districts and Provisions for Official Zoning Map 8.02 Rules for Interpretation of District Boundaries 8.03 Rules for Structures in Districts 8.04 R -1 Single Family Residence District 8.05 R -2 Medium Density Residential District 8.06 R -3 Medium -High Density Residential District 8.07 R -4 High- Density Residential District 8.08 R -5 Mobile Home Park 8.09 C -1 Neighborhood Convenience Commercial District 8.10 C -2 Automotive Service Commerical District 8.11 C -3 Central Commercial District 8.12 C -4 Fringe Commercial District 8.13 I/C Industrial /Commercial District 8.14 I -1 Light Industrial Park District 8.15 I -2 Heavy Industry District 8.16 Business Park District 8.17 P.D. Planned Development District 8.18 Flood Plain Management 8.19 Special Protection Districts 9.0 SUMMARY OF DIMENSIONAL REQUIREMENTS 10.0 SPECIAL 10.01 10.02 10.03 10.04 10.05 10.06 10.07 10.08 10.09 10.10 10.11 10.12 10.13 10.14 PROVISIONS Site Plan Reviews for Multiple Family Housing, Commercial, Industrial or Mobile Home Park Developments Off - Street Parking and Loading Facilities Schedule of Off - Street Parking Requirements Bed and Breakfast Establishments Service Station and Car Wash Regulations Filling or Removal of Soil, Sand or Other Materials Fences and Walls Television and Radio Antennas Swimming Pools Relocating Structures; Storage or Transfer of Liquid Pole Barns Performance Standards Signs House Moving Flammable 11.0 APPENDIX A. Shoreland Ordinance 8 -1 8 -1 8 -2 8 -3 8 -5 8 -9 8 -12 8 -15 8 -19 '8 -23 8 -25 8 -28 8 -30 8 -33 8 -37 8 -40 8 -43 8 -45 8 -51 9 -1 10 -1 10 -1 10 -2 10 -5 10 -7 10 -7 10 -11 10 -11 10 -12 10 -13 10 -14 10 -14 10 -14 10 -14 10 -17 Section 4 Non - Conforming Uses C. Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. D. When a non - conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for eighteen months during any three -year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. E. When a non - conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non - conforming status of the land. F. If any non - conforming structure in the Floodway or Flood Fringe District is destroyed by any means, including floods, to an extent of fifty percent or more of its appraised value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. However, the City Planning Commission may issue a Conditional Use Permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately floodproofed, elevated, or otherwise protected in conformity with Section 8.18. G. An alteration or addition to any non - conforming structure located only in the Flood Plain which would result in substantially increasing its damage potential shall be protected in accordance with Section 8.18. 4.05 REPAIRS AND MAINTENANCE On any building devoted in whole or in part to any non- conforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of non - bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current market value of the building, as established by the City Assessor, provided that the cubic space content of the building as it existed at the time of passage or amendment of this Ordinance shall not be increased. The work done in any 5 year period may not exceed 20% of the market value of the building. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City official charged with protecting the public safety, upon order of such official or the reconditioning required by updated building codes, fire codes or energy codes. 4 -3 O Section 7 General Provisions intersecting streets or around the circumference of a cul -de -sac is developed with buildings that have a front yard that is greater or less than the required front yard in the district, no building shall project beyond the average yard so established. 7.08 YARD SPACE, GENERAL Any building, structure or use hereafter erected altered or established shall comply with the yard space requirements of the district in which it is located, except as specified below. The required yard space for any building, structure, or use shall be contained on the same lot as the building, structure or use and such required yard space shall fall entirely upon land in a district or districts in which the principal use is permitted. Any required yard space shall be open from thirty inches above the ground to the sky except as specified elsewhere in this Ordinance. 7.09 PLACEMENT OF SINGLE - AND TWO- FAMILY RESIDENTIAL STRUCTURES ON LARGE LOTS In any Residence District where a single- or two - family residential structure is to be developed on large lots which could later be resubdivided and still meet the dimensional and area requirements for another lot of the district in which it is situated, such structure must be placed in a manner which would permit such resubdivision. Accessory uses shall be exempted from this requirement. 7.10 YARD SPACE ENCROACHMENTS - PROJECTIONS INTO YARDS: The following projections may be permitted into any front, rear or exterior side yard adjoining a street lot line. A. Cornices, sills, eaves and other ornamental features to a distance of not more than two feet six inches. B. Fire escapes to a distance of not more than four feet six inches. C. Decks, in Residence Districts, to a distance of not more than one -half the distance into yards. No easement encroachments permitted. D. Bay windows and chimneys and fireplaces to a distance of not more than three feet, provided that such features do not occupy, in the aggregate, more than one -third the length of the building wall on which they are located. E. Retaining walls and landscaping timbers within easements by conditional use permit. 7.11 YARD SPACE EXCEPTION, STEEP SLOPES: In any Residence Districts where the natural grade of a lot within the required front yard has an average slope, normal to the front 7 -3 Section 7 General Provisions the required front yard has an average slope, normal to the front lot line at every point along said line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming to the requirements of this Ordinance, such garage may be located within such front yard, but not in any case closer than twelve feet to the street line. 7.12 MORE THAN ONE PRINCIPAL BUILDING ON A LOT: Not more than one principal building shall be located on a lot in Residence Districts R -1 and R -2 except as provided in Section 8. 7.13 HOUSING PROJECTS UTILIZING THE "ZERO LOT LINE" CONCEPT: Every development proposal which is designed or later modified so as to place the principal structure abutting a side property line in order to have only one open side yard or less, must file with the Zoning Administrator a signed copy of the recorded Covenant with filing information assuring access through the adjacent yard for purposes of repairs and general maintenance and /or common wall construction. Such covenant is mandatory and the issuance of any Certificate of Occupancy shall be contingent on the filing. In some cases, the side yard could be the rear yard. 7.14 ACCESSORY BUILDINGS: A. No accessory buildings shall be erected or located within any required side yard setback. Except as provided in Section 8.04 and 8.05 for R -1 and R -2 Districts. B. Utility buildings in Residential Districts shall not exceed 12 x 16 feet and shall be 6 feet or more from all lot lines of adjoining lots, and shall not be located within a utility easement. C. No accessory building or garage per single family homes shall occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area. Garages which exceed the aforesaid maximum may be allowed with a Conditional Use Permit. D. No permit shall be issued for the construction of more than one accessory detached private garage structure for each dwelling. E. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by Conditional Use Permit. F. Accessory buildings in all Districts shall be located to the rear of the principal building. G. No accessory building in a Commercial or Industry District shall exceed the height of the principal building except by Conditional Use Permit. 7 -4 SECTION 8: ZONING DISTRICTS AND ZONING MAP 8.01 ESTABLISHMENT OF ZONING DISTRICTS AND PROVISIONS FOR OFFICIAL ZONING MAP For the purposes of this Ordinance, the City is hereby divided into districts, as shown. on the Official Zoning Map, which, together with all explanatory matter thereof, is hereby adopted by reference and declared to be part of this Ordinance. Said districts shall be known as: R -1 R -2 R -3 R -4 R -5 C -1 C -2 C -3 C -4 I -1 I -2 I/C BP PD FW FF Low - Density Residential District Medium Density Residential District Medium -High Density Residential District High Density Residential District Mobile Home Park District Neighborhood Convenience Commercial District Automotive Service Commercial District Central Commercial District Fringe Commercial District Light Industrial Park District Heavy Industrial Park District Industrial /Commercial District Business Park District Planned Development District Floodway District Flood Fringe District The Official Zoning Map shall be identified by the signature of the Mayor, attested to by the Clerk and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 8 of Ordinance Number 464 of the City of Hutchinson," together with the date of adoption of this Ordinance. The Zoning Ordinance and Official Zoning Map shall be kept on file in the office of the Zoning Administrator. Any unauthorized change of the Official Zoning Map of whatever kind by person or persons shall be considered a violation of this Ordinance. All territories which may hereafter be annexed to the City of Hutchinson shall be considered as being in the R -1, Low Density Residential District, until an amendment to this Ordinance shall place annexed land in a different zoning district. The Planning Commission shall review the zoning classification of any annexed land and shall report thereon to the City Council giving their recommendations as to the proper classification. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. 8 -1 Section '8 Zoning Districts and Zoning Map 8.03 RULES FOR STRUCTURES IN DISTRICTS For all principal structures permitted in the R -1, R -2, R -3, R -4 Districts, the following shall apply: (1) The minimum width of the main porticn of all principal dwellings shall be not less than twenty -four (24) feet, as measured across the narrowest portion. Width measurement shall not take into account overhang or other projections. (2) Shall have at least 720 square feet of habitable interior room excluding garage and basement. (3) All principal dwellings and principal structures shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the City and insulated in accordance with State of Minnesota Energy Codes. Manufactured homes must provide the manufacturers approved foundation drawings. Homes manufactured after November 29, 1989, are not permitted to remove the frames unless approved by the State of Minnesota Manufactured Housing Division. (4) Shall have a roof of gable or hip design and be covered with a City approved roofing material. (5) Manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal. (6) Tongues on all manufactured homes shall be removed. Written approval to remove the frame and tongue from the manufacturer is required. (7) Data plate and other information for the following is required for manufactured homes. a) 30 pound roof load design b) Zone 2 heating design c) Adequate furnace and water heater design to include the substructure. Option - separate heating supply for substructure. d) Approved tap -in locations for substructure water service. e) 3 vent through roof location for substructure per State of Minnesota Health Department f) Electric interlocked smoke detector schematic g) Manufacturers design drawings for stairway location (8) The following alterations of manufactured homes requires manufacturers approval and State of Minnesota Manufactured Housing Division approval: a) Relocation of furnace and /or water heater b) Alteration of any structural components including roof, walls and floor system, attaching garages, etc. • • 8 -3 Section 8.04 R -1 District Any structure, including accessory structures, for which a moving permit is requested except any building not exceeding 10 feet in width or 12 feet in length and not being over 10 feet in height, which are exempt from moving permits but require a building permit. ACCESSORY USES Detached garages not exceeding 1,000 square feet. Utility sheds not exceeding 192 square feet. Gazebo or summer lawn- house; yard recreational equipment Signs, as regulated in Section 10 Swimming pools or game courts designed for private use. • DIMENSIONAL REGULATIONS (1) Required Lot Area: Use Minimum Lot Area Single - family 10,400 square feet residence connected to Depth public sanitary sewer. 80 (2) Required Lot Dimensions (feet): Use Minimum Lot Minimum Lot Width Depth Single - family 80 130 residence connected Corner lot: to public sanitary 110 sewer. at building line 8 -7 Section 8.10 C -3 District 8.11 C -3 CENTRAL COMMERCIAL DISTRICT PURPOSE The C -3 Central Commercial District is intended to provide an area for the grouping of general retail sales establishments, offices and services which serve City residents and the surrounding area. The C -3 District provisions and boundaries are intended to promote compatible land use relationships among diverse types of uses and encourage well planned development or expansion in accord with the approved Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded. On -site parking is not required in this District. PERMITTED USES The following uses are permitted as regulated herein, without special application requirements or conditions attached. Similar uses may be allowed upon the determination of the City Council. Trade and Services: Any retail store or personal service business subject to all regulations and such permits and licenses as may be required by law, and further provided that the use is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and other similar uses. Cultural facilities Trade and business schools Catering establishments Employment agencies Game and amusement arcades Hotels and motels Interior decorating service and sales Offices for corporations and professionals Publishing, job printing and blueprinting Post Offices and other public service operations Restaurants Taverns Theaters Commercial Parking Lots CONDITIONAL PERMITTED USES Commercial parking ramps for passenger vehicles only, provided a reservoir space is provided within the structure for holding cars awaiting entrance, which reservoir space shall have a capacity of no less than two vehicles. Motor fuel and service stations excluding major repair operation. (See Section 10.03) • M E M O R A N D U M DATE: January 23, 1992 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: RECOMMENDATION OF AMENDMENT TO SUBDIVISION ORDINANCE REGARDING PUBLIC SITES AND OPEN SPACES It is the consensus of the Planning Commission to recommend approval of the proposed changes requested by staff to the Subdivision Ordinance. • 0 9 411 0 M E 1.1 0 R A N D U M DATE: December 3, 1991 TO: Planning Staff - G. Plotz, J. Rodeberg, J. Marka, G. Field and M. Hensen FROM: Bonnie SUBJECT: CHANGES TO THE SUBDIVISION ORDINANCE AS SUGGESTED BY JIM MARKA Subd. 6. Public Site and Open Spaces. The following requirements are applicable to all subdivisions within the jurisdiction of the Park Board, Planning Commission and City Council. A. In subdividing land or resubdividing an existing plat, due consideration shall be given to the subdivision and by the Planning Committees upon review, to the dedication or reservation of suitable sites for schools, conservation areas, or open spaces and parks. Where a proposed public park, recreational area or open space, as determined by the Comprehensive Plan, is located in whole or in part within a subdivision, the subdivider shall dedicate such lands to the City; provided, however, that the total dedication (exclusive of public streets, alleys, and pedestrian ways, and exclusive of all other purchased sites such as fire and police stations, water towers and treatment plants and sewer lift stations), shall be consistent with the following requirements: 1. Residential Zoned Subdivisions. For land within a residential zone, formulas for land dedication shall be as follows: Site or it. "ACL.Lket imild (a)• Zoning Districts R -1 and R -2 A land or cash dedication of 12% of the undeveloped site or its fair market land value. (b) Zoning Districts R -3 and R -4. A land or cash dedication of 15% of the undeveloped site or its fair market land value. (c). All Commercial and I /C1. A land or cash dedication of 15% of the undeveloped site or its fair market value. 1d). Business Park and Industrial Zoned Subdivision None required 1 � —� 2. Infrastructure assessments costs incurred with anv of the land dedication above shall be calculated and levied against the park or open space by lineal foot of frontage. In no case shall the assessment cost levied against the park exceed 60% of the value of the land dedicated. 3. For purposes of this Subdivision, "fair market land value" is defined as the market value of the land within such plat or subdivision as of the date presented to the Council for preliminary approval, as determined by the City Assessor or the sale price, whichever is higher, in the same manner as h-e they shall determine the estimated market value of land for tax purposes, excluding from such determination any value added to such land by improvements serving such land, but including in such determination the highest and best force at the time of the platting. 4. Payment in Lieu of Dedication. The City shall have the option of requiring a cash contribution in lieu of the land dedication set forth in item 1, above. iset forth in item 2, aba , 5. Partial Dedication and Partial Payment. The City may permit or require the subdivider to provide a partial dedication and a partial payment in accordance with the requirements as set forth above. 6. The cash and land dedication value set forth above shall be reviewed by the Parks and Recreation Board on an annual basis and a revised schedule, if any, shall be set forth by the Council. B. When structures are constructed on property which has been previously platted and on which plat no park dedication on record in cash or land was given to the City, a park dedication fee in accordance with the schedules hereinafter set forth shall be paid at the time or the Subdivision agreement or when the building permit is issued. It the park dedication as indicated on record has been previously satisfied at the time of platting in accordance with the requirements then in existence, then no further fee shall be levied. If a partial payment has been made, then the balance of the development shall be charged the rate set forth in Item 1, above. 2 C. When building permits are issued on property which is not platted and is not required to be platted prior to receiving a building permit, a fee shall be paid at the time of building permit issuance in accordance with the above schedule. D. Sums of money so received by the City shall be placed in a special account to be known as the Public Sites and Equipment Fund and allocated by the Council solely for the acquisition of land or purchase of equipment for public parks, recreation areas of open spaces, development of existing parks and recreational areas, or debt retirement in connection with the land or equipment previously acquired for parks, recreational areas, or open areas. E. Soil and Water Conservation. Pursuant to State statute, the following may be required: The subdivider shall be responsible for providing site development plans with provisions for the control of drainage, erosion, and siltation if said plans are considered necessary by the City Engineer for the purpose of soil and water conservation. F. The Council, at its option, may require a developer to create a private entity to maintain some form of on -site recreation for use by the site's residents, particularly preschool children. This requirement may be in addition to the dedication of land or cash for park or recreation purposes. Source: Ordinance No. Effective Date: CC: Dolf Moon, Director of Park and Recreation Park Board • 3 e M E M O R A N D U M DATE: January 23, 1992 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR DANCE STUDIO ON HWY 7 W The Planning Commission recommends the Conditional Use Permit be approved as a yearly review in July, however, if the blacktop of the parking, handicap accessibility and the frost footing issues are resolved by July 1, 1992 the review of the conditional use • permit will continue to July 1, 1993. 0 9-&q. MINUTES FOR YOUR INF_ORNI�O.1� • HUTCHINSON PLANNING COMMISSION Tuesday, January 21, 1992 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7, 30 p.m. with the following members present: Dean Wood, Clint Gruett, Roland Ebent, Tom Lyke, Craig Lenz and Chairman Bill Craig. Absent: E1Roy Dobratz Also Present: Gary Plotz, City Administrator, John Rodeberg, Director of Engineering, Jim Harka, Building Official and Mark Hensen, Building Inspector. 2. MINUTES Mr. Lyke made a motion to approve the minutes of the regular meeting dated Tuesday, December 17, 1991. Seconded by Mr. Ebent the motion carried unanimously. 3. PUBLIC HEARINGS Chairman Craig read a letter from Mr. Joe Dooley withdrawing his request for Conditional Use Permit on Roberts Rd. City Administrator Gary Plotz explained the owner of the property . Mr. Richard Smith will be proceeding with the request for a Conditional Use Permit. (a) CONSIDERATION OF CONTINUATION OF CONDITIONAL USE PERMIT REQUESTED BY FRANCIS CONDON ON HWY 15 N FOR MINI- STORAGE Chairman Craig reopened the hearing at 7 :35 p.m. with the reading of Publication #4328 as published in the Hutchinson Leader on Thursday, December 5, 1991. The request is for the purpose of considering a conditional use permit to allow for the construction of commercial and mini- storage located at Hwy 15 North. City Administrator Plotz explained the staff recommendation and concerns regarding drainage. Mr. Condon explained his contact with the hospital and discussions with Mr. Gib Lehman. He also suggested the conditional use permit be approved contingent on hospital approval and the staff recommendations being met. Mr. Condon would like the possibility of water and sewer availability to the site. City Engineer John Rodeberg stated the site is close to water and sewer and a smaller line could service the area. • Mr. Condon explained if the sewer and water were not available then only storage will be in the site and 5 spaces will be added for storage. With sewer and water 1 HUTCHINSON PLANNING COMMISSION MINUTES however, commercial will be added. Discussion followed on the concerns with drainage and liability issues. City Engineer Rodeberg explained the land is useless to the Hospital and Burns Manor. Mr. Condon explained his not creating a deep pond but more of a swamp. Mr. Lehman, Hutchinson Hospital, explained what the hospital has received which very limited. He stated the hospital is concerned with drainage problems and Burns Manor, but they are open to discussion with Mr. Condon and the City staff. He commented on elevations and a site plan. Chairman Craig suggested to continue the request to February to work out drainage and surface water. Mr. Condon questioned the new ordinance and the cost of the plan. He would like the Planning Commission to respond individually to the possible decision. Chairman Craig stated the only issue he can see is drainage and if that is approved by the city he is in favor of the request. Mr. Lenz agrees with Chairman Craig's response. • Mr. Lyke abstained from commenting. Mr. Wood agreed with Mr. Lenz and Mr. Craig. Mr. Ebent agrees with the drainage being resolved and added if the building were to be used for anything other than storage, all criteria for City Building Codes will have to be met. Mr. Gruett commented on staff recommendations and all criteria also has to be met and he would back the project. Mr. Wood moved to continue the hearing to February, seconded by Mr. Lenz the motion carried unanimously. (b) CONSIDERATION OF ADOPTION OF PROPOSED ZONING ORDINANCE #464 - CITY OF HUTCHINSON Chairman Craig opened the hearing at 7 :55 p.m. with the reading of publication #4334 as published in the Hutchinson Leader on Thursday, January 9, 1992. The request is for the purpose of considering the adoption of the revision of the Zoning Ordinance #464 for the City of Hutchinson. City Administrator Plotz commented on addressing only some issues in the final draft and not page by page. Building Official Jim Marka commented on the staff • meeting addressing concerns of Mr. Don Glas, President Firstate Federal and Mr. John Bernhagen, HCDC Director. HUTCHINSON PLANNING COMMISSION MINUTES He read correspondence from Mr. Glas regarding minimum g g square footage. City Engineer Rodeberg explained the request for a minimum size house and enforcement level as far as discrimination. Building Official Marka explained the previous zoning ordinance requiring 24' width. He stated that in most cases covenants by the developer now limit the sizes of homes. Mr. Marka then commented on Mr. Bernhagen's concerns some of which are semantics. In Section 7.10 regarding yard space encroachment some changes in wording were made to make the section more understandable. Section 7.14 should have read Utility sheds. Discussion followed on Section regarding Annexation. of land and the timing of rezoning being up to the developer. Section 8.03 was changed from 960 sq. ft. to 720 sq. ft. Section 8.04 "employees" is in regard to In Home Occupations. Section 8.07 regarding swimming pools should read "private use" not "exclusive ". Mr. Marka stated the Building Code has adopted a swimming pool requirement. Section 8.12, City Engineer Rodeberg explained the 25' setback in C -4 and the difference with regard to C -1 and C -2. Grain elevators are addressed throughout the zoning ordinance. Mr. Marka explained the zoning map does not, at this . time, include I -1, I -2 and Business Park Districts. Mr. Wood moved to close the hearing, seconded by Mr. Gruett the hearing closed at 8:20 p.m. Hr. Ebent made a motion to approve the final draft of the ordinance noting the changes directed by staff, seconded by Mr. Gruett the motion carried. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD SMITH FOR CONSTRUCTION OF DUPLEX ON ROBERTS RD Chairman Craig opened the hearing at 8121 p.m. with the reading of publication #4335 as published in the Hutchinson Leader on Thursday, January 9, 1992. The request is for a conditional use permit to allow for the construction of a duplex in an R -1 District. City Administrator Gary Plotz explained the request by the owner of the property and not the applicant. He also stated this as a land use question. There was discussion on the lot in regard to the church parking lot and the fact the church has chosen not to purchase the lot. Mr. Smith commented on the lots in the area being PUD and would be sill to continue to the • February meeting. City Engineer John Rodeberg explained that there is no sanitary sewer in front of the lot and the property owner would be responsible for the service. HUTCHINSON PLANNING COMMISSION MINUTES Mr. Lenz made a motion to continue the hearing to the February, seconded by Mr. Gruett the motion carried. Mr. Bruce Ohland, 404 Boulder, questioned the drainage and commented on problems he presently has. Mr. Rodeberg stated the drainage would be addressed in the site plan. (d) CONSIDERATION OF VACATION OF UTILITY EASEMENT IN STONEY POINT 3RD ADDITION Chairman Craig opened the hearing at 8 :35 p.m. with the reading of publication # 4336 as published in the Hutchinson Leader on Thursday, January 9, 1992. The request is for the purpose of considering a petition to vacate a utility easement located in Stoney Point 3rd Addition. City Administrator Gary Plotz stated new easements must be provided. Mr. Lyke explained the existing feeder must be moved at the owner's expense. Mr. Smith, property owner, commented on the letter for relocating the utilities. City Engineer explained the terms of an easement. There . was discussion on the easement issue, present concerns and providing a drawing showing the easement location. Mr. Wood moved to continue the hearing to the February meeting, seconded by Mr. Lyke the motion carried. Staff was directed to research the conditional use permits granted for duplexes in R -1. 4. NEW BUSINESS (a) CONSIDERATION OF LOT SPLIT REQUESTED BY BUD MAYNARD LOCATED ON HWY 15 N City Engineer John Rodeberg commented on sewer and water hookup. Mr. Maynard explained the hookup and easement. Mr. Rodeberg stated that if sewer and water are available the property owner must hookup. Mr. Lyke stated that gas and electric may need future easements for underground service. Discussion followed on the need for easements in lot splits. Mr. Lenz moved to table the item to February, seconded by 4 0 HUTCHINSON PLANNING COMMISSION MINUTES Mr. Gruett the motion carried. (b) DISCUSSION OF AMENDMENT TO SUBDIVISION ORDINANCE REGARDING PUBLIC SITES AND OPEN SPACES WITH RECOMMENDATION TO CITY COUNCIL There was discussion of the Subdivision Ordinance regarding parkland. Building Official Marka explained the proposal of parkland contribution and the percentages suggested. He stated the park board did have input on the ordinance changes. Some of the new proposals would be: if no record on parkland shows on a lot split the fee can be maintained, equipment purchase is addressed, cash contribution and developing of parks. There was discussion on maintaining a good park system and look ahead to the future. Mr. Lenz moved to recommend approval of the proposal to City Council, seconded by Mr. Ebent the motion carried unanimously. 5. OLD BUSINESS • (a) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR DANCE STUDIO City Administrator Plotz commented on the history of the property and annual review of the conditional use permit. Hr. Hunsell stated he is the owner of the property. Mr. Plotz explained the building must meet code. Building Official Harka stated there are questions of handicap accessibility and the building code regarding permanent structures. Mr. Munsell stated the parking lot will be hardsurfaced in the Spring and handicap access is not a problem. Discussion followed on access to the property. There was discussion of renewal being yearly. Mr. Wood made a motion to recommend approval as a yearly review in July, however, if the blacktop of the parking, handicap accessibility and the frost footing issues are resolved by July 1, 1992 and review of the conditional use permit will continue to July 1, 1993. Seconded by Mr. Gruett the motion carried unanimously. 0 5 HUTCHINSON PLANNING COMMISSION MINUTES (b) COMMUNICATION FROH STAFF 0 City Engineer Rodeberg presented for information proposed annexation and the McLeod County Fair Grounds site. 6. ADJOURNMENT There being no further business the meeting was adjourned at 9 :55 P.M. • 6 0 REGULAR COUNCIL MEETING JANUARY 28, 1992 WATER & SEWER FUND 1991 DPC chemicals 55.00 Fadden Pump o rings 4.00 Junker add'1 fee Nov & Dec 3,098.48 Quade Electric light fixtures 180.00 1992 *Withhold Tax Acct employer contribution 723.39 *PERA employer contribution 407.99 Aagard West Jan recycling 5,968.00 Ag Systems belting 10.00 Automation Supply disks 98.46 Crow Chemical & Ltg coveralls 35.00 DNR permit 3,082.50 DPC chlorine 365.40 Dyna Systems bandsaw blade 60.91 First Trust Bank principal & interest 68,175.00 Fisher Scientific lab supplies 4,448.74 General Repair Sery pump repair 708.32 Hach lab supplies 180.15 Hanson, Scott conference expense 17.85 Harris Mechanical Hutch Utilities boiler work electricity 318.96 389.46 Ind Maintenance Supplies parts 96.29 Industrial Door reversing edge 218.30 Instrumentation Sery oxygen cell 89.38 LMCIT 3rd qtr gen liability 9,193.75 Meece, Merle conference expense 21.58 Mid America Plastics pipe 93.05 MN Section CSWPCA reg -Lanz & Smoger 50.00 MN Valley Testing tests 160.25 Motor Vehicle license tab renewal 90.00 Munitech meterhead repair 336.89 Nalco Chemical corrosion 6,870.80 Nu Tech Env Corp counteractant 1,094.00 U of M reg- M.Graham 100.00 WEF memberships 138.00 TOTAL $106,879.90 //- -A I • CENTRAL GARAGE FUND 1991 Jerabek Machine 1992 *Withhold Tax Acct *PERA Boyer Ford Champion Auto Hutch Machine & Tool Juul Motor Vehicle Sweeney Brothers Wigen Motor GENERAL FUND • 1991 Dostal, Vlasta EPA Audio Visual Hutch Conv & Visitor Bur MN UC Fund Quade Electric Shopko Two Way Communications UBC 1992 *Kahler Plaza Hotel *MN NAHRO *MN NAHRO *Withhold Tax Acct *Gov Trg Service *DNR *DNR *MN Dept of Revenue *DNR *PERA Ackland, Paul Allied Mechanical AmeriData Arnold & McDowell • Automation Supply Bennett Office Bernhagen, John Bethke,S.& TEK Mech BJ Booksellers Camera Shop welds 269.84 employer contribution 100.42 employer contribution 58.80 truck 41,836.34 supplies 300.97 blades 60.00 haul loader 200.00 license & sales tax 2,751.36 elements 202.15 switch 13.11 TOTAL $45,792.99 tour refund 5.00 projector 292.00 Dec lodging tax 1,363.56 4th quarter 1,607.25 wire 35.70 exercise bike 186.74 battery 113.55 lumber 49.17 lodging- C.Mangan 79.00 conf reg- C.Mangan 199.00 membership 65.00 employer contribution 5,060.14 reg- B.Anderson 115.00 registration fees 37.00 registration fees 339.00 Dec arena sales tax 287.56 registration fees 538.00 employer contribution 4,937.11 per diem 300.00 check sprinkler system 55.50 maintenance contract 484.00 Jan comp 3,084.00 paper & ribbons 110.02 bindings 32.58 Jan comp 2,019.00 housing rehab 2,750.00 travel book 24.00 reprints 24.48 • Carney's Century Labs Chamber of Commerce Charles Bailly Com of Transportation Cottage Corp County Treasurer Dataquest Dept Labor & Ind Dept Labor & Ind Dept Public Safety Digital Resource Field, George Fire Engineering Fire Marshals Assc MN Gov Fin Off Assc Guardian Pest Hutch Fire & Safety Hutch Iron Hutch Med Center Hutch Pizza & Hexum Co Hutch Utilities Indep Info Services ISIA Johnson, Doug K Mart • Karg, Larry Lee, Ernest LMCIT Loomis,L.& Skoog Co McGarvey Coffee MDRA MDRA Med- Compass MN Dept Agriculture MN Elevator MN GFOA MN Sports Fed • MN State Fire Dept Assc MN Transportation Alliance Motor Vehicle MSSA Mutoh America Nat'l Arbor Day Nat'l Inst Cert Eng Nelson,D.& Menards Old Log Theater Olson's Locksmith PC Express Pioneerland Library Popp, Ella Rossell, Robert Schmeling Oil Schramm, Steve Standard Printing Templeton Triarco opalina cleaners 1992 dues audit work hangar payment boards DL fees renewal exemption license - Forcier police plates software safety glasses & conf expen subscription membership dues service inspections steel exam - Hanner HCDC loan electricity & gas subscription manuals school expenses supplies meal expense flags 3rd qtr gen liability housing rehab coffee 100 maps dues medical exams pesticide license elevator service membership league sanctioning dues 1992 membership license tab renewal membership repair dues membership housing rehab 46 tickets & lunch padlocks xtree pro gold 1st quarter theater refund Star Tribune used tank battery stick stamp Jan contribution art supplies 2.99 62.57 50.00 4,000.00 700.00 440.00 118.00 380.00 10.00 10.00 12.00 1,511.90 99.75 21.95 35.00 65.00 44.00 12.50 30.96 35.00 1,305.00 13,423.07 185.00 46.90 330.00 47.55 9.12 78.00 47,460.25 7,265.00 27.45 32.00 210.00 1,972.00 10.00 61.00 15.00 240.00 165.00 125.00 430.00 25.00 477.33 10.00 20.00 1,493.00 713.00 15.60 115.00 15,763.25 23.00 13.00 95.00 34.44 39.00 194.68 292.84 Turf Supply seed & milorganite 2,364.74 UBC supplies 109.30 Victorian Inn meeting 66.31 Viking Int Products canliners 242.53 Wieweck, Wendy gymnastics refund 11.00 Xerox transparencies 136.50 Youth Center Sp Rev Fund transfer 23,000.00 Zee Medical first aid supplies 49.10 TOTAL $150,575.94 BOND FUNDS --------------------------- --------------------------- RURAL FIRE DEPT 1991 Dostal, Dean snowblowing 100.00 Two Way Communications siren repair 65.00 1992 • *Withhold Tax Acct employer contribution 273.11 TOTAL $438.11 YOUTH CENTER *Withhold Tax Acct employer contribution 70.46 *PERA employer contribution 38.59 Coast to Coast paint supplies 23.50 Fitzloff Hardware screws 1.59 Farm & Home supplies 33.45 UBC window covers 47.00 K Mart cleaning supplies 87.88 Star Cablevision Feb service 23.10 Geyer Rental rental 25.00 Hutch Utilities elec & gas 516.08 Henry's Foods supplies 276.26 TOTAL $1,142.91 1992 TAX INC CONST 1991 Willard Pellinen survey blocks 400.00 1992 • *Farmers Elevator purchase building 84,500.00 TOTAL $84,900.00 f CAPITAL IMPROVEMENT FUND 1992 Tax Inc Const due to 84,500.00 1990 TAX INC CONST 1991 A & B Electric build service 577.29 BONDS OF 1990 Alltech Engineering est #2 7,177.59 1985 TAX INC DEBT SERV First Trust Bank principal & interest 24,000.00 BONDS OF 1985 First Trust Bank principal & interest 178,500.00 BONDS OF 1981 First Natl Chicago agent fees 418.75 BONDS OF 1988 DEBT SERV American Natl Bank matured bonds & interest 251,800.00 REC & POOL FUND DEBT SERV American Natl Bank matured bonds & interest 42,612.50 1980 TAX INC DEBT SERV L.Wakefield & MN Ext HCDC loan 13,525.00 Hutch Pizza & Hexum Co 8% loan 495.00 TOTAL $14,020.00 r: 1] January 25, 1992 N VEDI FOR YOU Dear sirs: Following is a concern about the Phase Two development downtown project and its effect upon soverallocal small businesses and individuals. Early 1991 the city approached several businesses in the phase two area with an optimistic sales pitch backed with some signed options to purchase. The business dealings I wish to address is with Triad Transportation and Auto Systems located on 21 Hasson Street. This small company generated revenues from outside the state as well as from local customers to the Hutchinson Area through trucking and car detailing. Many of these funds as well as wages were spent here in the area. In an effort to support the Hutchinson Area and Triad's future growth, Triad signed an option with the city and initiated a move north of town. This relocation effort was funded by Triad's own cashflow. The decision to relocate was based heavily on a quick decision by the city to act upon their option. This relocation facilitated their business with ample space and a clean environment to detail vehicles. The reason being any future construction associated with phase one would not accommodate Semi Tractors /Trailers traffic in some cases totalling 75 ft in length nor provide a relatively dirt free environment for detailing vehicles. It is understood that the decisions made had some degree of speculation, influenced by an optimistic attitude of the city (implied or direct). It is also understood that legally the said business has no hold on the city for compensation. However, some act of monetary consideration wil /be appreciated to those small businesses and individuals who are left with accounts still owed them by Triad that has since gone out of business because of strains on their cashflow brought on by the cost of relocation and debt load of both properties. Following is a list of those parties seen to be beneficiaries of the properties in question and those that stand to lose monies owed them due to the resulting actions taken. A workable remedy as seen by this individual is to pay the owner of 21 Hasson St. ( Marquette Bank ) at /east the option price offered Triad assumed to be $15,000 to $20,000 above Marquette Bank's cost to foreclose on Triad. This overage to then be prorated to the business and individual creditors of Triad to offset some of their losses. TION companies and Per Who Stand To Lose Monies: $5 Hutchinson Telephone 4,418.43 Coast To Coast 504.95 Crow River Glass 239.04 Pro Maintenance 84.80 Allied Mechanical 1,707.80 Standard Printing 1,204.56 Arnold & McDowell 500.00 7 West Truck Stop 10,244.51 Frank L. Barrus 7,500.00 Hansen Gravel 989.83 Cenex Coop 586.69 Hutchinson Medical Center 286.32 Gilmar Law Office 1,285.00 City of Hutchinson Water /Utilities 653.27 Those in a more favorable situation: Marquette Bank will retain down payment ($3,500) and recoup any expenses through sale of properties ( 21 Hansen St.) to the City for (approx. $45,000). — we rearze this property may have gone to a third party already — • Citizen's Bank will retain down payment (57,500) and recoup expenses through sale of properties north of town to which Triad relocated. City of Hutchinson to acquire distressed Property ( 21 Hassen St. ) from Marquette Bank for phase two development below Option Offer of (approx. $63,000.) We realize the city has an interest in redeveloping the downtown at the lowest cost possible. This decision - making effort inherently involves inexperienced residents in bargaining over prices. In view of this and the possibility that the city's actions later revealed minor hardships on businesses such as: Triad, The Elk's Lodge, or Mike Commerford, we would appreciate any effort on the city's part to lighten (within prudent judgement) any hardships caused to local residents /businesses. Take the necessary time to research this matter and inform me to your course of action if any and l will convey your response /intent to the others so listed. Thank You. Frank L. Barrus 448 California Ave. Hutchinson, MN. 85350 612 - 587 -2221 City D i TO: Gary Plotz FROM: Solid Waste Advisory Committee i DATE: January 27, 1992 Ff�. ' ,.,„ ..; ;.a,3'3r�!u RE: 1992 Recycling Program The Solid Waste Advisory Committee met on January 23,1992. Members' present were Bob Bowen, Frank Mott, Pam Yost, JoAnn Jessen and.Mark Schnobrich. The following items were discussed. 1.) A published list of items that can bed recycled should again be distributed to-:resident recyclers. Either, news ad or flier. 2.) Volume based pricing for refuse fees.. An example being'a base fee for either a 30 gallon or 60 gallon container, acid a set, additional fee for extra bags or stickers for refuse exceeding the 30 or 60 gallon level. Questions revolving around whether to use containers (garbage cans) or bags as the choice of receptacle for the base'l.evel was dis- cussed. Bags being the less expensive than -tile- cans. Also,` as to whether the contracted hauler, the city or the cus- tomer bares the cost of the cans. 3.) The Advisory Committee also showed interest in being repre- sented on the Mayor's Refuse /Recycling Negotiation Committee for 1992. klm City Hall Parks & Recreation Police,Departiiieut 37 IVashhigtoit A vetzue IVcst 900 Harringtott Street 10P k Streei Soitth (612) 5S1 (612) 557 -2973 (612) '587-22 2 42 Hutchinson, Minnesota 55350 Printed on n:cyeled paper - • • 2728 2g� �`��Z 4 ti JAN 11 w N L°COYED gY ....... - -- l < <`9` Sl V ANASAL Incorporated 965 E. Frontage Rd. Litchfield, MN 55324 FOR YOUR INFORMATION Mayor Paul Ackland 37 Washington Avenue West Hutchinson, Mn 55350 Dear Paul, I have decided not to open the Hangar. I would like to thank you and the city council for holding the special meeting for me. Hutchinson is an excellent city and I plan on pursuing other business opportunities there. Please contact Bonny Baumetz and let haknow of my decision. She was very helpful and informative. Sin�c� � Mark Gaarder 40 DAVID B. ARNO LD GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOGE LAURA K. PRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE' M.PAIEMENT JAMES UTLEY RICHARD 0. McGEE TIMOTHY W. FAFINSKI MARY E. HORROCKS CATHRYN D. REBER January 28, 1992 ARNOLD & MCDO`VELL ATTORNEYS AT LANV 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 PAX (612) 587 -4096 RESIDENT ATTORNEY O. HARRY ANDERSON Mr. Tim Nelson The Everest Group, Ltd. 2685 Long Lake Road P.O. Box 130190 Roseville, Mn. 55113 Re: Hutchinson Downtown Redevelopment - Phase II (Site Purchase) Our File No. 3244 -91046 Dear Tim: OF COUNSEL WILLIAM W.CAMERON RAYMOND C. LALLI ER PAUL M. BEGICH CHARLES R.CARMICHAEL" 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 53416 (612) 545 -9000 MN TOLL FREE 800-343-4545 PAX ( 612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 PAX (612) 389-5506 FOR YOUR INFORMATION 526 272 8 �Q? qvsl � Zl l 0 6�ti This letter is a follow up to our correspondence of Friday, January 24, 1992 regarding the lease between Erickson's and the City of Hutchinson with respect to a potential liquor store. It appears from our numbers that the liquor store will have gross sales of something in excess of $1.5 million and more than 150,000 customer "stops" per year, so design and construction issues are important insofar as the liquor store is concerned. However, most of this correspondence deals with issues relating to the lease. I bring to your attention the following: 1. Thirty Day Window. It is important to the City to get the development agreement completed immediately. We have a number of critical decisions to make relative to this development and the agreement is essential to those decisions. Issues relating to the liquor store may not get resolved immediately. Accordingly, a thirty day window should be included during which negotiations with respect to the liquor store should be completed. Obviously, if the liquor store project did not move ahead for some reason, Erickson 's would not be expected to construct a 46,000 square foot store, but rather a 41,000 square foot store. • 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Tim Nelson January 28, 1992 Page 2 2. Interior Cut. Store design should take into account an interior cut next to a delicatessen. The City has selected a consultant who is ready to meet with Erickson's, or yourselves, immediately with regard to planning issues. 3. Advertising, Restrictions relating to advertising in windows and exterior signage need to be removed. (See Section 14, page 20). 4. Sublease. It is my understanding that the City may sublease the premises with the consent of Erickson's which consent may not be unreasonably withheld. In addition to the escape "windows" provided in the lease, the City needs to have a clause that allows the City to get out from under the lease if the City is required to close the liquor store by referendum, state law or if grocery stores are allowed to sell liquor or wine in a municipality. I don't expect any of these things to happen, but at various times, they have all been . discussed at the legislature. 5. Store Size. Given our cooler requirements, it is beginning to look like we might need 6,000 square feet. This issue should be discussed. 6. Liquor Store Loading Dock. There will need to be a separate liquor store loading dock. 7. Hazardous Substances. Note paragraph 8 (3) which prohibits Hutchinson from having distillates on the premises. For obvious,reasons, that reference will need to be deleted. 8. Incinerator. The main agreement and also the lease should include a prohibition against having an incinerator on the premises. I neglected to mention this point in my letter to you of last Friday, but you may recall, it is an issue that we discussed and was part of the last package of material received from Erickson's. 9. vending Machines. No pop or vending machines should be located outside the main store or the liquor store. These are a significant source of revenue for the City • liquor operation. Obviously, there would be no f Mr. Tim Nelson January 28, 1992 Page 3 prohibition on such vending machines within the store. The City would also like to be involved in issues relating to the location of outdoor garden centers, Christmas tree sales and the like, although those issues are properly within the jurisdiction of the landlord. 10. Alterations. Clarification is required. Interior alterations should be at the sole discretion of the City and all interior alterations should remain the property of the City (shelves, coolers, fixtures and the like) . 11. Parking. The City will need liquor store only and 11 15 minute" type parking and will need to have the ability to place signs to allow such parking. (See paragraph 9 (a) . 12. Outdoor Sales. Unless authorized by the City, selling of goods would not be permitted in front of the proposed liquor store. (This could be part of a larger paragraph dealing with parking lot sales and other similar issues. Some of the language from the much maligned cross easement agreement between the City and ShopKo may be helpful in this regard). 13. Changes in Common Areas. The City should have approval rights if there are changes or alterations in exterior common areas, driveways, parking, traffic directional flows, loading zones, etc., since they may effect the tenancy. See page 13, Section C. 14. Minimum Rent and Building Maintenance Issues._ The City is going to want an agreement in advance on the maximum amount to be charged for rent and building maintenance issues. I recognize, in this connection, that you may need to know more information regarding the interior of the store to determine that amount. It is also my understanding that the proposed construction plan would include interior improvements and we need to make clear in the agreement whidh interior improvements are included. (Electrical panels, lights, walls, ceilings and other similar issues). 15. Personal Property Taxes. Paragraph 11A dealing with personal property taxes can be deleted. 16. Metering Issues. The City of Hutchinson would agree that s Mr. Tim Nelson January 28, 1992 Page 4 gas, electricity and water service to the City's building would be separately metered. 17. Insurance Coveracte Issues. (Pages 18 and 19) . The City's insurance coverage will be in the amounts required by Chapter 466 of Minnesota Statutes. 18. Common Area Cost Charges. With the exception of taxes, obviously undetermined, the common area cost charges should be determined. This charge, incidentally, should be fairly minimal in view of the fact that the City will be paying all of the utility expenses and taxes attributable to its building. 19. Change in Use. The City would have the option to terminate the lease if the grocery store ceases to operate or if use changes. } 20. Financial Information. Delete Section 30, page 38 unless Erickson's wishes to do the same. (As a practical matter, information relating to the City's liquor store • is part of the City's annual budget). 21. Security Deposit. I thipk we have previously agreed that a security.deposit makes no sense in this case. 22. Security Agreements. The City should have the option to install a separate security system at no expense to Erickson's. No doubt there are matters that I have forgotten, but these seem to be the issues at the present time. Thank you. Best regards. Very yours / ARN & cDOWEZ G. y 'Anderson G A:lm CC Gary D. Plotz Paul Ackland Council Members i Liquor Store Comparison Liquor Store Comparison