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cp07-27-1993 c
eteaT -21.rp AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 27, 1993 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Max Myers, Assembly of God Church 3. Consideration of Minutes Regular Meeting of July 13, 1993 (not available) 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Report of City Investments 2. Planning Commission Minutes of June 15, 1993 3. HHRA and Hutch Housing Inc. Minutes of June 15, 1993 • (b) Appointments 1. Tree Board - Laura Poser 2. Utilities Commission - Mike Carls - effective September 1, 1993 Action - Motion to order report and minutes filed, ratify appointments 5. Public Hearing - 8 :00 p.m. None U 6. Communications. Requests and Petitions (a) Discussion of 5th Avenue by Leon Jaster Action - (b) Request for Lighting in Alley behind Firstate Federal Action - Motion to refer to Hutch Utilities CITY COUNCIL AGENDA - JULY 27, 1993 7. Resolutions and Ordinances B. (a) Protect 93 -18 Resolution Approving Plans & Specs and Ordering Advertisement for Bids Project 93 -19 Resolution Approving Plans & Specs and Ordering Advertisement for Bids Project 93 -21 Resolution Ordering Report Engineer's Report Resolution Receiving Report and Waiving Hearing Resolution Ordering Improvement & Preparation of Plans & Specs Resolution approving Plans & Specs and Ordering Advertisement. for _Bids !, 000(e —1601) Action - Motion to waive reading and adopt`., Resolutions and order Advertisement for Bids - -- (b) Ordinance No. 93 -90 - An Ordinance Incorporating and Annexing Certain Tracts and Parcels of Land into the City of Hutchinson Action - Motion to re]ect - Motion to approve, waive first reading and set second reading for August 10, 1993 (c) Resolution Transferring Funds to HRA Action - Motion to re]ect - Motion to approve - Motion to waive reading and adopt Resolution loo m Unfinished Business (a) Consideration of Request for HCVN -TV to Locate in New City Hall, and Partners in Friendship location (DEFERRED JULY 13, 1993) Action - (b) Consideration of Electric Service Condemnation (DEFERRED JULY 13, 1993) Action - Motion to re]ect - Motion to approve - Motion to waive reading and adopt Resolution No. 10000 0 is • CITY COUNCIL AGENDA - JULY 27, 1993 pg. 3 9. New Business (a) Consideration of Authorizing HCDC Board to Advertise for Permanent Part Time Executive Director Action - (b) Consideration of Accepting Recommendation from HCDC and Housing Authority to Purchase Computer and Software Action - (c) Consideration of Authorizing Housing and Redevelopment Tax Levy Action - (d) Consideration of Application by McLeod County Agricultural Association for On -Sale Non - Intoxicating Malt Liquor License for August 20 -24 McLeod County Fair Action - Motion to issue license is(e) Consideration of Delinquent Water & Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service (f) Verification of Approved Gambling License Issued to VFW Post 906 in January 1993 Action - Motion to verify approved gambling license g' Consideration of Adoption of City Drug Testing Policy Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution 10012 (h) Consideration of Including Volunteer Firemen in Personnel Policy as it Relates to Drug Testing Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution 10013 (i) Consideration of Authorizing Bids for Replacement of Wood and Brush Chipper Action - S(j) Discussion of Recreation Center Roof Repair Action - CITY COUNCIL AGENDA - JULY 27, 1993 pg. 4 (k) Presentation of 1992 Audit Report Action - (1) Consideration of Bids on Improvement Bonds Action - (m) Consideration of Resolution to Purchase Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (n) Discussion of Building Department Contacting Individuals with Septic Tanks to Hook up to City System J Action - (o }) Consideration of Approving Subdivision Agreement for \\ J Parkside First Addition (Hasse Hills) Action - Motion to reject - Motion to approve subdivision agreement (p) Consideration of Supplemental Agreement No. 1 and Final Payment for City Center (More 4) Asbestos Abatement (Letting No. 8, Project No. 93 -20) Action - (q) Consideration of Approving Orderly Annexation Agreement (Lynn Tonwship) Action - (r) Discussion of F.E.M.A. Disaster Assistance Action - (s) Consideration of Conditional Use Permit to Construct Apartment Dwelling in Walnut Ridge Estates requested by Ralph Schmitz with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10016 is CITY COUNCIL AGENDA - JULY 27, 1993 pg. 5 (t) Consideration of Conditional Use Permit requested by Mark Schilling to Move Garage onto Property Located at 142 - 3rd Ave with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10017 (u) Consideration of Conditional Use Permit Requested by Junace Gehrke to Move Garage onto Property Located at 625 Harmony Lane with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10018 (v) Consideration of Conditional Use Permit to Construct an Addition to Machine Shop Located at 106 Erie Requested by Robert Malone, 3 -D CNC, Inc. with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10019 i(w) Consideration of Conditional Use Permit Requested by McLeod County Fair Association to Move Building onto Fairgrounds with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10020 (x) Consideration of Conditional Use Permit Requested by Roger Stearns, Stearnswood, to Move Storage Building with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10021 (y) Consideration of Conditional Use Permit to Move 1975 Marshfield Mobile Home onto Lot in McDonald's Lakeview Terrace or Country Club Terrace with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10022 is CITY COUNCIL AGENDA - JULY 27, 1993 pg. 6 (z) Consideration of Final Plat of "Walnut Ridge Estates" submitted by Ralph Schmitz with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10023 (as) Consideration of Preliminary Plat of "Koelln's Subdivision" submitted by Gerald Kopjl%�h, Hutchinson Twp., 2 Mile Radius, with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to refer to County with no objection (bb) Consideration of Preliminary and Final Plat of McPherson's Subdivision submitted by Joseph McPherson, Hassan Valley Twp., 2 Mile Radius, with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to refer to County with no objection (cc) Consideration of Final Plat of "Bernhagen's Subdivision" submitted by John Bernhagen, Hutchinson Twp., 2 Mile Radius with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to refer to County with no objection (dd) Consideration of Variance Requested by Leonard Rutledge, Hassan Valley Twp., 2 Mile Radius to Reduce Rear and Side Yard Setback with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to refer to County with no objection (ee) Consideration of Reinstatement of Assessments Against Tax Forfeited Properties Action - Motion to reject - Motion to approve reinstatement of assessments 10. Miscellaneous (a) Communications from City Administrator s 0 40 (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment r1 CITY COUNCIL AGENDA - JULY 27, 1993 pg. 7 11. Claims, Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment r1 • CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT July 23, 1993 $5,085,986.25 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease • ** A GNMA with fixed maturity but has a call date of 8/12/97 Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount - -- - - - - -- TREAS BONDS --------------------- 644136 7.18% ------ - - - - -- 12/12/91 - -------------------- 2/15/2001 373,500.00 TREAS BONDS 644137 T.13% 12/12/91 10/15/98 307,312.50 Firstate 41- 1214999 -8 3.70% 12/30/92 12/30/93 500,000.00 Smith Barney CMO BOAP9 7.380% 2/15/93 5/1/2018 188,173.75 Smith Barney GNMA 865M7 7.363% 2/15/93 8/10/2002 195,000.00 ;* Firstate 41 121749 6 3.55% 4/15/93 9/16/93 100,000.00 Firstate 41 121821 3 3.40% 04/29/93 08/12/93 200,000.00 Firstate 42- 117375 -6 3.55% 04 /15/93 08/12/93 550,000.00 • Firstate 42- 120479 -1 3.55% 05/13/93 08/12/93 400,000.00 Firstate 41 121814 8 3.55% 05/13/93 09/16/93 200,000.00 Marquette 22643 3.60% 05/27/93 08/26/93 400,000.00 Marquette 22644 3.65% 05/27/93 10/14/93 300,000.00 Firstate 41 121759 5 3.60% 6/10/93 8/26/93 100,000.00 Firstate 41- 1211694 4 3.60% 6/10/93 9/30/93 500,000.00 Firstate 41 121820 5 3.55% 07/16/93 09/16/93 172,000.00 Firstate 41 121829 6 3.50% 7/14/93 10/14/93 300,000.00 Firstate 42- 120527 -7 3.50% 7/16/93 9/16/93 300,000.00 $5,085,986.25 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease • ** A GNMA with fixed maturity but has a call date of 8/12/97 JUNE 1993 *VENUE REPORT - GENERAL TAXES LICENSES PERMITS AND FEES INTERGOVERNMENT REVENUE CHARGES FOR SERVICES FINES & FORFEITS MISCELLANEOUS REVENUES CONTRIBUTIONS FROM OTHER FUNDS REVENUE FOR OTHER AGENCIES TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADMINISTRATOR ELECTIONS FINANCE MOTOR VEHICE SSING GAL 'TIANNING POLICE DEPARTMENT SCHOOL LIAISON OFFICER EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE DEPARTMENT FIRE MARSHAL BUILDING INSPECTION STREETS & ALLEYS STREET MAINTENANCE A/C CITY HALL PARK /REC ADMIN. RECREATION SENIOR CITIZENS CENTER CIVIC ARENA PARK DEPARTMENT RECREATION BUILDING STREAMBANK PROGRAM GRANT LIBRARY CEMETERY DEBT SERVICE AIRPORT TRANSIT # NITY DEVELOPMENT C.D.P. COORDINATOR LOAN UNALLOCATED CITY OF HUTCHINSON FINANCIAL 1993 JUNE YEAR TO CURRENT DATE ACTUAL 101,653.53 606,521.37 35.00 12,460.00 16,658.83 153,562.83 56,059.65 146,818.30 62,650.68 302,685.41 4,585.33 24,621.40 6,311.34 98,374.08 94,750.00 175,101.34 (2,990.50) 137.27 STATEMENTS ADOPTED BUDGET 1,897,032.00 22,650.00 127,400.00 1,258,800.00 783,575.00 50,800.00 140,301.00 517,000.00 250.00 339,713.86 1,520,282.00 4,797,808.00 3,552.70 21,385.30 14,681.10 99,346.70 0.00 1,300.00 29,385.40 141,589.30 6,589.40 44,618.80 0.00 0.00 3,339.00 29,938.10 1,700.90 3,271.70 95,323.80 628,135.10 2,751.80 19,193.20 0.00 0.00 0.00 0.00 12,071.90 51,587.10 1,585.10 9,572.80 7,868.60 54,923.70 21,228.10 139,812.80 28,640.50 205,036.70 7,620.30 32,543.90 2,826.10 22,921.60 9,363.90 61,620.10 35,665.40 79,321.90 4,909.10 41,889.20 3,887.50 82,975.80 49,051.80 267,678.60 9,223.60 39,781.30 777.00 5,378.30 17,651.70 58,843.10 5,645.90 27,398.90 700.00 11,200.00 10,206.30 92,189.50 8,239.30 57,430.80 1,294.70 9,667.20 17,253.30 48,196.40 38,060.30 174,995.30 44,800.00 184,722.00 5,980.00 262,239.00 67,056.00 23,000.00 53,800.00 6,950.00 1,151,811.00 36,130.00 1,750.00 250.00 160,139.00 29,969.00 104,208.00 306,651.00 459,801.00 80,000.00 49,203.00 111,859.00 181,008.00 92,572.00 130,304.00 489,603.00 71,871.00 0.00 85,204.00 66,976.00 43,235.00 51,750.00 114,640.00 32,570.00 0.00 406,932.00 BALANCE REMAINING 1,290,510.63 10,190.00 (26,162.83) 1,111,981.70 480,889.59 26,178.60 41,926.92 341,898.66 112.73 3,277,526.00 23,414.70 85,375.30 4,680.00 120,649.70 22,437.20 23,000.00 23,861.90 3,678.30 523,675.90 16,936.80 1,750.00 250.00 108,551.90 20,396.20 49,284.30 166,838.20 254,764.30 47,456.10 26,281.40 50,238.90 101,686.10 50,682.80 47,328.20 221,924.40 32,089.70 (5,378.30) 26,360.90 39,577.10 32,035.00 (40,439.50) 57,209.20 22,902.80 (48,196.40) 231,936.70 TOTAL 451,094.50 2,563,743.20 4,906,983.00 2,343,239.80 JUNE 1993 PERCENTAGE USED 32.0% 55.0% 120.5% 11.7% 38.6% 48.5% 70.1% 33.9% 54.9% 31.7% 47.7% 53.8% 21.7% 54.0%- 66.5% 0.0% 55.6% 47.1% 54.5% 53.1% 0.0% 0.0% 32.2% 31.9% 52.7% 45.6% 44.6% 40.7% 46.6% 55.1% 43.8% 45.3% 63.7% 54.7% 55.4% 0.0% 69.1% 40.9% 25.9% 178.1% 50.1% 29.7% ERR 43.0% 52.2% ( 0 JUNE 1993 CITY OF HUTCHINSON FINANCIAL REPORT - 1993 JUNE 1993 ENTERPRISE FUNDS VENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAG JUNE DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 41,520.74 230,539.88 530,000.00 299,460.12 43.5% WINE SALES 12,833.74 65,308.73 156,000.00 90,691.27 41.9% BEER SALES 80,941.00 380,333.95 860,000.00 479,666.05 44.2% BEER DEPOSIT (109.27) (382.97) 0.00 382.97 ERR MISC. SALES 6,644.32 28,606.39 54,000.00 25,393.61 53.0% LOTTERY SALES 1,381.80 1,754.79 4,000.00 2,245.21 43.9% INTEREST 425.23 6,067.88 1,500.00 (4,567.88) 404.5% REFUNDS & REIMBURSEMENTS 728.45 699.69 0.00 (699.69) ERR BOND SALES 0.00 350,000.00 350,000.00 0.0% CASH DISCOUNTS (246.12) (6,112.46) (2,100.00) 4,012.46 291.1% TOTAL 144,119.89. 706,815.88 1,953,400.00 1,246,584.12 36.2% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 11,127.00 79,390.27 140,708.00 61,317.73 56.4% EPAR & MAINTENANCE 663.00 2,154.25 2,300.00 145.75 93.7% OTHER SERVICES & CHARGES 2,930.00 18,834.74 42,250.00 23,415.26 44.6% MISCELLANEOUS 360.00 600.95 17,600.00 16,999.05 3.4% CAPITAL OUTLAY 312,918.18 438,000.00 125,081.82 0.0% DEBT SERVICE 0.00 17,000.00 17,000.00 0.0% AMANSFERS 0.00 120,000.00 120,000.00 0.0% T OF SALES 106,226.00 630,313.05 1,223,100.00 592,786.95 51.5% OTHER 100.00 4,500.00 4,400.00 2.2% TOTAL 121,306.00 1,044,311.44 2,005,458.00 961,146.56 52.1% REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS 52.00 844.45 0.00 (844.45) 0.0% WATER SALES 47,711.84 240,610.17 540,000.00 299,389.83 44.6% WATER TREATMENT SURCHARGE (14,258.59) (6,832.00) WATER METER 1,590.00 10,444.00 8,000.00 (2,444.00) 130.6% REFUSE SERVICES 41,412.15 211,005.14 418,000.00 206,994.86 50.5% REFUSE SURCHARGE 4,769.84 24,246.31 50,000.00 25,753.69 48.5% REFUSE STICKER SALES 76.00 626.00 COMPOST CREDIT (205.74) (292.81) SEWER SERVICES 168,008.70 910,236.45 1,590,000.00 679,763.55 57.2% PENALTY CHARGES 2,330.48 9,504.83 15,000.00 5,495.17 63.4% INTEREST EARNED 12,838.02 18,382.23 120,000.00 101,617.77 15.3% S C 0 R E 77,843.35 113,040.00 35,196.65 68.9% REFUNDS & REIMBURSEMENTS 948.28 6,424.44 3,000.00 (3,424.44) 214.1% PROCEEDS FROM BOND SALE 0.00 700,000.00 700,000.00 0.0% OTHER 3,180.62 2,000.00 (1,180.62) 159.0% TOTAL 265,272.98 1,506,223.18 3,559,040.00 2,052,816.82 42.3% DENSE REPORT - WATER SEWER /FUND REFUSE 67,703.00 331,407.00 413,040.00 81,633.00 80.2% WATER 45,869.00 332,976.00 1,556,053.00 1,223,077.00 21.4% SEWER 45,309.00 788,914.23 1,953,220.00 1,164,305.77 40.4% TOTAL 158,881.00 1,453,297.23 3,922,313.00 2,469,015.77 - 37.1% Amended and approved 7/20/93 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 15, 1993 1. CALL TO ORDER The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Bill Craig, E1Roy Dobratz, April Brandt, Roger Gilmer and Chairman Gruett Members Absent: Dean Wood and Craig Lenz Also Present: City Administrator Gary Plotz, Director of Engineering John Rodeberg, Building Inspector Mark Hensen, and Asst. City Attorney Gina Brandt 2. MINUTES Mr. Craig made a motion to approve the minutes of the regular meeting dated Tuesday, May 18, 1993. Seconded by Mr. Dobratz the motion carried unanimously. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY STEVE WADSWORTH, 1209 LEWIS AVE Chairman Gruett reo the reading of pub Hutchinson. Leader on • is for the purpose permit by the owner general landscapinq 0 pened the hearing at 5:31 p.m. with lication #4529 as published in the Thursday, May 6, 1993. The request of considering a conditional use to allow him to bring in fill for located at 1209 Lewis Ave. City Administrator Gary Plotz commented on the continuation of the hearing. City Engineer John Rodeberg presented a handout regarding Skip Wright, Hydrologist DNR, recommendations and the city recommendations in detail. There was discussion stated the berm is t o house siding. The lake. He stated boat the present excavatio 30 days. of the berm. City Engineer Rodeberg be 1 1/2, below elevation of the berm also should end 50' from the ramp excavation should not go below n. Work should be completed within Discussion followed on the buffer strip at the volleyball court. The consensus was for no less than a 15, buffer strip. There was discussion on the Hwy 7 property. City Engineer John Rodeberg stated he would be satisfied with the conditional use permit provided Mr. Wadsworth meet all his and the DNR requirements within 30 days. HUTCHINSON PLANNING COMMISSION MINUTES JUNE 15, 1993 Mr. Craig moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 6:09 p.m. Mr. Craig made a motion to recommend approval of the request to City Council subject to the following requirements by the City Engineer and DNR Hydrologist recommendations: City Engineer: 1. No elevation along the volleyball court, or on the lot in general, should be more than 2 feet lower than previously existing conditions. 2. The proposed berm must stop at least 50' back from the river bank to meet the Shoreland Ordinance requirements. 3. The berm shall be no higher than 1.5' below the elevation of the siding on the east side of the house. 4. The access easement on the east side of the property, as well as the drainage for adjacent land, shall be preserved. In no case shall development be allowed that negatively affects either of these items. Area Hydrologist D.N.R. 1. The lake bank should be restored to within 2 fee* of the natural grade. 2. A buffer strip 15 -20 feet wide should be place between the bank and the proposed volley ball court. This strip should be planted with 8 -10 trees (minimum 10 feet in height) and 12 shrubs should be spaced to provide screening when viewed from the water and bank stability. 3. The buffer strip should be established at an elevation 0.5 to 1.0 feet above the volleyball sand to prevent runoff to the lake. 4. The proposed berm along the road should not be extended into the floodway. 5. A sediment fence should be installed immediately in accordance with the best management brochure I sent to you earlier. All disturbed soils should be seeded and mulched or sodded. Erosion control needs to be maintained until all soils are stabilized by permanent vegetation. 6. The proposed boat ramp should not include any further excavation beyond what has been done. A final contour map showing drainage should be submitted for City Engineer approval. 2 • HUTCHINSON PLANNING COMMISSION MINUTES JUNE 15, 1993 The above work in the shore impact zone should be completed within 30 days. As we discussed, my office has received several concerns from citizens regarding the extent of the bank alteration. I think the above recommendations are consistent with the Hutchinson Shoreland Management Ordinance and addresses those concerns expressed to us. Seconded by Mr. Dobratz the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARY ANNE OLMSTED -KOHLS FOR MUSIC STUDIO AT 800 GROVE ST Chairman Gruett opened the hearing at 6:12 p.m. with the reading of publication #4528 as published in the Hutchinson Leader on Thursday, June 3, 1993. The request is for a conditional use permit to allow the owner to change use from a church to a music and dance studio located at 800 Grove St. City Administrator Gary Plotz explained the request and the location. He commented on staff recommendations and • plans for occupancy. Ms. Olmsted -Kohls explained there will be little need for longer term parking only in the case of recitals. She commented on the life safety requirements of the Fire Marshal and Building Inspector and the request to hardsurface the parking. Discussion followed on the number of spaces to hardsurface. Building Inspector Mark Hensen stated the building code issues would be easy to change and the handicap restroom would not be difficult to comply with. Mr. Marks, 712 Lynn Rd., voiced concern with the possibility of other businesses more undesirable moving into the area. City Administrator Plotz stated the specific use is addressed in the zoning ordinance. City Engineer Rodeberg explained some uses are not allowed in a residential district. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:26 p.m. Mr. Craig made a motion to approve the request subject to all life safety issues by Fire Marshal and Building Inspector be satisfied before occupancy; a plan filed for ADA • compliance; and the request be reviewed again in 2 years 3 HUTCHINSON PLANNING COMMISSION MINUTES JUNE 15, 1993 9 for the hardsurfacing of parking requirement. Seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY GARY REETZ, 345 HASSAN ST, TO REMOVE EXISTING GARAGE AND CONSTRUCT NEW GARAGE Chairman Gruett opened the hearing a reading of publication #4529 as Hutchinson Leader on Thursday, June is for the purpose of considering permit to allow the owner to remove construct new 22' x 36, garage on sa alley located at 345 Hassan St. 6:35 p.m. with the published in the 1993. The request a conditional use existing garage and me site 3' from the City Administrator Plotz explained the request and stated City Attorney Barry Anderson would be preparing a disclaimer for snow plowing. Mr. Reetz explained the proposal. Discussion followed on the moving of the garage. Building Inspector Henson commented on his conversation and correspondence to Mr. Mark Schilling who is purchasing the garage. He stated the garage is in good condition and meets setback! requirements. Mr. Dobratz moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:42 p.m. Mr. Dobratz made a motion to approve the request noting the disclaimer is to be signed by the Reetz's. Seconded by Mr. Gilmer the motion carried unanimously. (d) CONSIDERATION OF PRELIMINARY PLAT OF "WALNUT RIDGE ESTATES" SUBMITTED BY BSK OF HUTCHINSON Chairman Gruett opened the hearing at 6;43 p.m with i the reading of publication #4530 as published n the Hutchinson Leader on Thursday, June 3, 1993. The request is for the purpose of considering a request for a preliminary plat of "Walnut Ridge Estates ". Ms. June Redman, Redman Real Estate, commented on the development and introduced Mr. Ralph Schmitz, developer. Mr. Schmitz presented the site plan drawing, the preliminary plat and utility and drainage plans. City Engineer Rodeberg explained this is the preliminary a HUTCHINSON PLANNING COMMISSION MINUTES JUNE 15, 1993 plat only and the final will be acted on next month along with a conditional use permit for the apartments. He also commented on access concerns of staff. Building Inspector Henson stated the Fire Marshal's request of two fire hydrants and an emergency vehicle turn around. Mr. Craig made a motion to close the hearing, seconded by Mr. Dobratz the hearing closed at 7:02 p.m. Mr. Craig moved to recommend approval of the request to city council, seconded by Mr. Dobratz the motion carried unanimously. (e) CONSIDERATION OF REZONING IN "WALNUT RIDGE ESTATES" PLAT FROM R -2 TO R -4 SUBMITTED BY BSK OF HUTCHINSON Chairman Gruett opened the hearing at 7:05 p.m. with the reading of publication # 4531 as published in the Hutchinson Leader on Thursday, June 3, 1993. The request is for the purpose of rezoning property in the Walnut Ridge Estates plat from R -2 to R -4 for apartment construction. Mr. Rodeberg commented on the zoning to R -4 noted the transition is appropriate. The apartments will require a conditional use permit. Mr. Craig move to close the hearing, seconded by Ms. Brandt the hearing closed at 7:07 p.m. Mr. Craig made a motion to recommend approval to city council. Seconded by Mr. Gilmer the motion carried unanimously. (f) CONSIDERATION OF REZONING FROM R -3 TO I /C, BLOCK 21, SOUTH 1/2 CITY OF HUTCHINSON Chairman Gruett' opened the hearing at 7:08 p.m. with the reading of publication #4532 as published in the Hutchinson Leader on Thursday, June 3, 1993. The request is of the purpose of rezoning Block 21, South 1/2 City of Hutchinson from R -3 to I /C. City Administrator Plotz explained the background of the property and the purchase of Lot 10 by Louis Brunner from the City. He stated the planning staff requested the entire block be zoned I /C. Mr. Craig moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 7:11 p.m. Mr. Craig recommended approval of the request. Seconded by Mr. 5 HUTCHINSON PLANNING COMMISSION MINUTES JUNE 15, 1993 16 Dobratz the motion carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT WAREHOUSE IN PROPOSED I/C DISTRICT LOCATED AT 215 HURON ST REQUESTED BY LOUIS BRUNNER Chairman Gruett opened the hearing at 7:12 p.m. with the reading of publication #4533 as published in the Hutchinson Leader on Thursday, June 3, 1993. The request is for considering a conditional use permit by the owner to construct a 40' x 80' warehouse located at 215 Huron St. City Administrator Gary Plotz commented on the staff recommendations of moving the building at least 6' to the East to accommodate loading and unloading. Mr. Dobratz moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 7:13 p.m. Mr. Dobratz made a motion to recommend approval of the request subject to the building being moved further to the East, seconded by Mr. Gilmer the motion carried unanimously. (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RYA BONNIWELL TO MOVE 1976 MOBILE HOME UNTO LOT IN COUNTR CLUB TERRACE Chairman Gruett opened the hearing at 7:14 p.m. with the reading of publication #4534 as published in the Hutchinson Leader on Thursday, June 3, 1993. The request is for considering a conditional use permit Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:15 p.m. Mr. Craig made a motion to recommend approval of the conditional use perait, seconded by Mr. Gilmer the motion carried unanimously. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY COOPERATIVE DEVELOPMENT FOR MULTI RESIDENCE IN R -4 DISTRICT Chairman Gruett opened the hearing at ,6:16 p.m. with the reading of publication #4521 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering a conditional use permit to construct a multi residence unit in an R -4 district. City Administrator Plotz explained the requirement of the 6 U 0 0 HUTCHINSON PLANNING COMMISSION MINUTES JUNE 15, 1993 conditional use permit being the last step in the process. Mr. Dobratz moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:17 p.m. Mr. Dobratz made a motion to recommend approval of the request, seconded by Mr. Gilmer the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF PRELIMINARY PLAT OF MAC'S SECOND SUBDIVISION IN ACOMA TWP SUBMITTED BY ROXANNE KOKESH City Administrator Gary Plotz commented on the entrances off of Hwy 7. He also commented on staff recommendations. Mr. Craig made a motion to recommend approval with no objection, seconded by Ms. Brandt the motion carried unanimously. (b) CONSIDERATION OF PRELIMINARY PLAT OF BERNHAGEN'S SUBDIVISION IN HUTCHINSON TWP SUBMITTED BY JOHN BERNHAGEN Mr. Bernhagen commented on the plat as similar to the sketch with some modifications. City Administrator Plotz commented on the township recommendation. Mr. Craig moved to approve the request with no objection, seconded by Mr. Gilmer the motion carried unanimously. (c) DISCUSSION OF SKETCH PLAN SUBMITTED BY JEFF HAAG, TOM DAGGETT AND RICH WESTLUND Mr. Daggett commented on the sketch and the phases of development. He stated there are proposed to be approximately 50 lots. City Engineer John Rodeberg commented on changes in the sketch. A park would be appropriate in the area and drainage area is an issue to be addressed. He stated a comprehensive sanitary sewer plan is'to be presented to city council on June 22nd. There was discussion on the size of the service pipe and lift station. (d) DISCUSSION OF TISCHER REPLAT 7 HUTCHINSON PLANNING COMMISSION MINUTES JUNE 15, 1993 City Engineer John Rodeberg commented on the request. (e) CONSIDERATION OF SKETCH PLAN SUBMITTED BY JIM HEIKES, HUTCHINSON TWP, 2 MILE RADIUS Mr. Heikes presented his proposal. City Administrator Gary Plotz stated the township approval of the sketch. Discussion followed on the urban boundary areas and the city requirements. There was no recommendation by the planning commission. (f) COMMUNICATION FROM STAFF Building Inspector Mark Henson commented on a garage to be moved by Junace Gehrke from 2nd Ave to Harmony Ln. Building Inspector Mark Henson commented on a steel storage shed and moving unto another location on the property. 5. OTHER BUSINESS • (a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY NORTHERN GAS CO. IN THE 2 MILE RADIUS Mr. Plotz commented on the township approval. Mr. Rodeberg commented on the location of the gas line being constructed for the city. Mr. Craig moved to recommend no objection to the request, seconded by Mr. Dobratz' the motion carried unanimously. (b) CONSIDERATION OF VARIANCE REQUESTED BY STEVE FANGMEIER, ACOMA TWP, 2 MILE RADIUS The request is to reduce front yard setback in Judson Court. There was no recommendation by the planning commission. 6. ADJOURNMENT There being no further business the meeting was adjourned at 8:15 p.m. 8 0 Ll HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING JULY 20, 1993 AGENDA I. CALL TO ORDER: 2:00 P.M. BOARD ROOM CHAMBER BUILDING II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING JUNE 15, 1993 III. CONSIDERATION OF STATUS OF ACCOUNTS FOR PARK TOWERS PROJECT AND GENERAL FUND VI. SE 1. • 2. 3. 4. n CTION 23 /PARK TOWERS PROJECT Park Towers Monthly Report Key Policy /Schedule of service charges CIAP update On -site coordinator grant update V. HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR 1. Monthly Report - Rental - Rehab 1993 Small Cities Grant Application Status 3, Computer System Request VI. OTHER BUSINESS 1. 1994 HRA City Hall Office Draft Budget 2. HRA Tax Levy Process update 3. Farmers Home Program for Development of lots update - option of McDonald proper 4. Publicly Owned Land Trust Grant Application Board Approval Request 5. Maxfield Market Study Project Development options 6. Firstate Federal Affordable Housing Program 4-(0) 3 HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING JUNE 15, 1993 MINUTES I. CALL TO ORDER: 2:00 P.M. BOARD ROOM CHAMBER BUILDING Chairman John Paulsen called the meeting to order. Members present -Don Erickson and Tammy Wendlandt. Members absent - Shirley Wass and Lyle Van Hale. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING MAY 18, 1993 There being no additions or corrections, Don Erickson moved that the minutes be approved as submitted. Tammy Wendlandt seconded and the motion carried unanimously. III. CONSIDERATION OF STATUS OF ACCOUNTS FOR PARK TOWERS PROJECT AND GENERAL FUND Budget status and monthly disbursements were reviewed. Tammy Wendlandt moved that the financial statements be approved as submitted. Don Erickson seconded and the motion carried unanimously. IV. SECTION 23 PARK TOWERS PROJECT 1. There are no rent receivables and no vacancies. We have • been running some ads to maintain our waiting list; based on past history we have fifteen vacated apartments per year. 2. The procurement policy was reviewed; there was a change that bids would be advertised in the newspaper at $25,000 instead of $10,000 and that bids should be solicited from at least three suppliers, if possible, at amounts from $2500 - $25,000. Tammy Wendlandt moved that the new procurement policy be adopted; Don Erickson seconded and the motion carried unanimously. 3. The Director informed the Board that two computer software companies have demonstrated their systems and will be submitting proposals. After the window project is completed, a revised CLAP budget can be submitted to HUD to include a computer system for Park Towers. The software will handle tenant applications, verifications and tenant accounting. V. HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR REPORT 1. The Rental Rehab project at 1065 Jefferson is proceeding with Tenant interviews planned for Thursday. The specifications are written and an energy audit is scheduled. The Valley Vista Rental Rehab project is waiting for wage rates from the Federal government. 2. The Small Cities grant Application is proceeding with a . survey return of 37%. Connie reported that Don Winckler • from HRA Board Meeting Minutes, June 15, 1993 Page 2 Mid - Minnesota Development Commission would like to see a return rate of 701. At this point, the surveys will be tabulated to determine the number of eligible households in the target area. VI. OTHER BUSINESS 1. MAXFIELD HOUSING MARKET STUDY UPDATE The Maxfield Housing Market Study draft has been distributed to all Board members, the Mayor, City Administrator, City Finance Director and others interested in the housing study. The Director will need to submit any comments to Tom Melchior, Director of Research who will then finalize the report and make a presentation. The Director will send out a memo concerning the date of the presentation when plans are finalized. The study concluded that 20 -24 Luxury rental townhouses, 45 -60 units of Luxury rental apartments, 45 -55 units of moderate rent apartments, 50 -60 units market rate congregate apartments and 32 units of assisted living are needed. The Director asked input on whether the Board wanted to charge potential developers for copies of the final study. The Board concluded that if developers requested their own copy of the study, the cost would be • $50; however, the study could be reviewed at no charge at the HRA and HCDC offices or the Chamber office. 2. FARMERS HOME SITE LOAN PROGRAM UPDATE Figures have been compiled on the Helland property showing that the price of the lots would not exceed $17,500 and would be acceptable for the program. However, a private developer is interested in purchasing this property for the Farmers Home direct loan program; therefore, the consensus of the Board is to look at another area. McDonalds would like to sell 29 acres at $5500 per acre for 14 developable acres for a total of $77,000. Information will be compiled on assessments, survey, preliminary plat, engineering, future assessments and closing costs after the pending engineering report is issued. 3. The HRA Tax Levy Survey was distributed and reviewed. New Ulm, Red Wing, Faribault, Winona, Willmar and Carver County HRA's were surveyed. All levy a tax or are in the process of levying a tax ranging from $21,109 to $87,000 per year. The Director will compile a draft HRA operating budget for the 1994 fiscal year which may illustrate the need for an HRA tax levy. 4. The HRA audit report was reviewed. Don Erickson moved to accept the audit report; Tammy Wendlandt seconded and the motion carried unanimously. 5. The revised HRA Workplan and Workplan status was reviewed. 6. The Director informed t1- Board that the HRA personnel policy needs to be updated and has met with Hazel Sitz HRA Regular Board Meeting, June 15, 1993 Page 3 regarding the City Personnel Policy. Hazel suggested that the HRA consider updating the HRA personnel policy and developing a pay plan. Hazel has also offered to assist in developing the pay plan. Board consensus was to approve request of an intern(s) to update the HRA personnel policy, develop a pay plan and assist with the rental rehab project. 7. The Director is scheduled to look at assisted living models in St. Paul and Bloomington on June 16, 1993. 8. LAND TRUST PROGRAM UPDATE Peace Lutheran Church is interested in working with the HRA on the MHFA Land Trust program and would like to meet with us next week to proceed with the application. VI. ADJOURNMENT There being no further business, John Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendiandt, Secretary Treasurer • I� LJ h LJ HUTCHINSON HOUSING, INC. REGULAR BOARD MEETING JULY 20, 1993 AGENDA I. CALL TO ORDER: CHAMBER BOARD ROOM II. CONSIDERATION OF MINUTES OF JUNE 15, 1993 III. FINANCIAL REPORT FOR HUTCHINSON HOUSING, INC. VI. OTHER BUSINESS V. ADJOURNMENT 1 9 HUTCHINSON HOUSING, INC. REGULAR BOARD MEETING JUNE 15, 1993 MINUTES I. CALL TO ORDER: CHAMBER BOARD ROOM President Don Erickson called the meeting to order. Members present -Tammy Wendlandt, Don Erickson and John Paulsen. Members absent - Shirley Wass and Lyle Van Hale. II. CONSIDERATION OF MINUTES OF MAY 18, 1993 There being no additions or corrections, John Paulsen moved the minutes be approved as submitted. Tammy Wendlandt seconded and the motion carried unanimously. • III. FINANCIAL REPORT The financial report was reviewed. John Paulsen moved that the financial report be approved as submitted. Tammy Wendlandt seconded and the motion carried unanimously. IV. OTHER BUSINESS 1. The Hutchinson Housing, Inc. Audit Report was distributed. John Paulsen moved that the Audit Report be approved; Tammy Wendlandt seconded and the motion carried unanimously. 2. A memo from Scott Knudson, Nahro Executive Director, was reviewed informing HRA's that new language to the MN Statutes allows elected officials to collect per diems for HRA meetings provided that they don not receive any other daily payment for public service on the same day. Therefore, Don Erickson will now be eligible for per diem payments. V. OTHER BUSINESS There being no further business, Don Erickson declared the meeting adjourned. Recorded by Jean Ward, Executive Director • Tammy Wendlandt, Secretary Treasurer RE: 5th Avenue SE /Huron Street /Erie Street / Letting No. 5 /Project Nos. 93 -06 & 93 -07 Dear Property Owner: There have been some concerns raised about the scope of the above referenced projects that need to be addressed. As noted in the Public Hearing Notice, the scope of the 5th Avenue SE project as originally proposed extends from Monroe Street to Ontario Street. This document is required to notify people who will be in the zone of construction, and should attend the Public Hearing to hear the specifics of the proposed improvement. It does not, however, require that all work on that portion of street be completed. As noted at the Public Hearing, complete utility and street improvements were proposed only from Honroe Street to Huron Street. Utility improvements were then proposed to extend from • that point to Ontario Street. Due to the potential for future realignment of 5th Avenue SE to allow for a railroad crossing, construction of the road up to Ontario Street was not feasible. Obstructions on the track, and the track elevation, do not allow 5th Avenue to extend straight through on the current alignment. Since we do not know at this point how that will be routed, it was determined to be unfeasible and unwise to construct a stretch of road that may be removed in potentially less than five years. At the request of the homeowner who came to the Public Hearing, the City Council requested that the Engineering Department review the potential for extending a bituminous surface as far as the 3H entrance near Ontario Street to limit dust problems. After further review the Engineering Department proposed, and the City Council agreed, to extend street and curb & gutter improvements to the east side of the alley between Ontario and Huron Streets. The proposal also included placing a temporary bituminous surface from that point to the 3H entrance. We believe that this is the most reasonable solution to the concerns raised. Further extension of the street and curb and gutter would be imprudent, since it may remain in place for only a few years. I hope that this has addressed your concerns. Sincerely, JPR cc: Gary, Cal Ivry p R r _� ,ct• � li;•I TREE -1 a _ . j Ha w • 1 fM=.,,V ��•, E •��• a t� s �..� • Y�. °, '��� � ( i lEEFER401 M, I.I +I I fi I I a U Rows l' S LL 'A ,. Now i I - _ • I + o 1 1 Y \ mI I+ I y I+ J �nrcRCOe STREET • I l .. IN i f I I T� jjIIIII11 � III II Ip li ° I � � �• I'. �i1 -Y. -�� ~ I 41 1 I uN I I ' •�" • + ,I_ _I , MONROE I I �. f • • ERI E ERIF ;.- I � I Fall- 'I•i -�- '. ,: -,✓`; II + ti I J� "a.�+� •° °NVNON +I I Vim' ./.III '_/'Ifa?I'•(F 4 � k- �- 1,00��r .u• I II. 0 July 8, 1993 Mr. Gary Plotz, City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Gary: FIR STATE ye7 *to,,zc r A EI VF CT _`� � CP m \`� �92S2DZEZZ2�2� \11 I am writing in regard to the current lighting conditions in the alley located behind Firstate Federal running from Second Avenue to Third Avenue. Several individuals have commented to us that it is extremely difficult to see in the parking lot and alley, especially during the winter months. Therefore, this poses a safety concern when people exit the buildings located in this area. I ask that you, in conjunction with the Hutchinson Utilities, consider looking at this situation in order to assist us in finding a solution. As stated earlier, this is of primary concern during business hours in the winter when darkness occurs at an early hour. I would be most happy to discuss this with you and the Utilities' Administrator. Thank you for your consideration. ah HUTCHINSON MAIN ^ 201 Main Street Soun Hytctlnson MN 55350 -2506 161 21 587-200C FAX 6'2258' 2072 HUTCHINSON SOUTH LITCHFIELD BUFFALO GLEHCOE WACONIA WINTHROP 905 Highway 15 South 501 N &hley Avenue 19 Central Avenue 1002 Greeley Avenue 200 E Frontage Rd.. Hwy 5 122 East SecorW St. Hutchinson, MN 55350 -3117 P O Box 577 P. O Box 338 Giencne. MN 55336 -2126 P.0 Box 287 P. O Box 424 !6121587-3751 L.tah6¢Id. MN 553550577 Butt. o. MN 553'3 0338 16121864-554• Wacorle MN 55387 -0287 W,nihrop. MN 5539604; e 16'21693 -295- _ 2.882.303= 16'2 Gat -2 -a- ''7! 4' -5. "- RESOLUTION NO. 10006 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.9 PROJECT NO. 93 -18 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of T.H. 7 East from 1000' West of Michigan Street to 1180' West of Michigan Street by the construction of sanitary sewer, services and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 2:00 pm on Monday, August 16th, 1993, in the Council Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on August 24th, 1993, in the Council Chambers • of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 27th day of July, 1993. City Administrator i Mayor I ^cL RESOLUTION NO. 10007 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.9 PROJECT NO. 93 -19 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Alan Street from School Road to Roberts Road by construction of sidewalk and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 2 :00 pm on Monday, August 16th, 1993, in the Council Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on August 24th, 1993, in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 27th day of July, 1993. Mayor City Administrator 7- ( • RESOLUTION NO. 10008 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO.9 PROJECT NO. 93 -21 WHEREAS, it is proposed to improve 2nd Avenue SE and Michigan Street by the construction of storm sewer and appurtenances; WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the Director of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 27th day of July, 1993. 0 City Administrator E Mayor 7— a CITY OF HUTCHINSON 37 WASHINGTON AVENUE NEST HUTCHINSON, MN 55350 ENGINEER'S REPORT DATE: July 20th, 1993 T0: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 9, Project No. 93 -21 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend said project be approved. Project No. 93 -21: Improvement of 2nd Avenue SE and Michigan Street by the construction of storm sewer and appurtenances. Construction Cost Engineering /Administration (16 %) Fiscal /Legal /Capitalized Interest (8 %) ESTIMATED TOTAL ------------ - - - - -- Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL JPR /PV $ 26,000.00 $ 3,640.00 $ 2,080.00 $ 31,720.00 S $ 31.720.00 S S S S 31,720.00 q-0.— 0.—. RESOLUTION NO. 10009 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO.9 PROJECT NO. 93 -21 WHEREAS, pursuant to a resolution of the Council adopted July 27th, 1993, a report has been prepared by the Director of Engineering, with reference to the improvement of 2nd Avenue S.E. and Michigan Street by the construction of storm sewer and appurtenances. Said report was received by the Council on July 27th, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council has consider the improvement of such streets in accordance with the report. 2. Inasmuch as the proposed improvement is non - assessable and the total cost is at City expense, public hearing on the proposed improvement is hereby waived. Adopted by the Hutchinson City Council this 27th day of July, 1993. 0 City Administrator Mayor %_CL- RESOLUTION NO. 10010 RESOLUTION ORDERING IMPROVEMENT • AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 9 PROJECT NO. 93 -21 WHEREAS, a resolution of the City Council adopted the 27th day of July, 1993, waived Council Hearing on the improvement of 2nd Avenue S.E. and Michigan Street by the construction of storm sewer and appurtenances. 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 27th day of July, 1993. 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 27th day of July, 1993. Mayor City Administrator � -.CA, 0 i RESOLUTION NO. 10011 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.9 PROJECT NO. 93 -21 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of 2nd Avenue S.E. and Michigan Street by the construction of storm sewer and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 2.00 pm on Monday, August 16th, 1993, in the Council Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on August 24th, 1993, in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 27th day of July, 1993. City Administrator 1 Mayor 0 ORDINANCE NO. 93 -90 AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE WHEREAS, certain parcels of land as more particularly described abut or adioin the City of Hutchinson; WHEREAS, the Minnesota Municipal Board pursuant to Minnesota Statutes Chapter 414 has approved the following annexation, WHEREAS, it would be in the public interest to annex and incorporate said lands into the City of Hutchinson; NOW, THEREFORE, the City of Hutchinson does ordain, SECTION 1. That the lands hereafter described shall be, and the same hereby are, annexed to the City of Hutchinson, a Minnesota municipal corporation, located In the County of McLeod and State of Minnesota and from and after passage and publication of this ordinance, said lands shall be annexed to and become a part of and included in the corporate limits of the City of Hutchinson: Legal description: Part of S 1/2 of Sec. 2, part of SE 1/4 of Sec. 3, part of NE 1/4 of Sec. 10, part of N 1/2 of Sec. 11 and part of NW 1/4 of Sec. 12, all in T. 116 N., R. 30 W., McLeod County, Minnesota. Total of 291 acres of land (includes lake). SECTION 2. This Ordinance shall become effective from and after publication. Adopted by the City Council this 9th day of August, 1993. ATTEST: Gary D. Plotz, City Administrator Paul L. Ackland, Mayor 1JY C July 22, 1993 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL. FINANCE DIRECTOR SUBJECT: TRANSFER OF FUNDS TO HRA It was agreed to transfer the funds for the funding of Connie Mangan to the HRA who along with their funds are financing this position as well as a part time secretary. The amount requested $28,912 and are available as follows: 1. From the 1993 community development budget due to director pay schedule being at less hours then budgeted • 2. Unused funds from 1992 funding 0 3.Funds reimbursed from the McLeod County Housing Rehab program administration. City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Pmrfed mr mcuded paper - Police Department 10 Franklin Street South (612) 587 -22242 RESOLUTION NO. 10014 AUTHORIZATION TO TRANSFER FUNDS FROM CITY OF HUTCHINSON GENERAL FUND TO HUTCHINSON HOUSING AND REDEVELOPMENT AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City of Hutchinson does hereby transfer $28,912 from its General Fund to the Hutchinson Housing and Redevelopment Agency. Adopted by the City Council this 27rd day of July 1992. ATTESTED: Gary D. Plotz City Administrator Paul L. Ackland Mayor C �J 0 June 16, 1993 Ai?NOLD & MCDOWELL ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416-1492 Gary D. Plotz, City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 (812)545 -9000 MN TOLL FREE BOO- 343 -4545 FAX (612) 545-It 3 RE: Hutchinson Community Video Network, Inc. Our File No. 2190 -84005 Dear Gary: or E 221. WlL W. CAMERON RAYMOND C. tALL1Ea 501 SOUTH FOURTH STREET PRUICETON, MINNESOTA 55371 (812)389 -2214 PAX (6l2) 359-5306 101 PARE PLACE HCTCHINSON, MINNESOTA 55350 (612) 567 -7575 PAX (612)387.4096 JU— & y) ttY1� I write to you today in my capacity as a member of the Board of Directors of Hutchinson Community Video Network, Inc. and president of the corporation. As you know, there have been some discussions between the City of Hutchinson and the public access channel regarding locating the channel in the new City Hall structure. The Board of Directors has asked me to advise you that HCVN is not only interested in such an arrangement, we believe it would be in the best interests of both the city and HCVN. As I understand it, there is approximately 1100 square feet available in the rear of the building and this would suit HCVN's needs. I believe our conversation centered around the possibility of securing some estimates from the contractor who receives the award for the remodeling of City Hall. While the construction work necessary for HCVN is not particularly extensive, there will need to be a wall or two put up and perhaps some other fairly minimal remodeling. In that regard, HCVN would then continue to pay rent (as it does in its present location) until the city's costs are fully covered and thereafter, the city and HCVN could negotiate for a longer term, if that seems to be in the best interests of everyone. Obviously, HCVN recognizes that as the city grows and the needs of the city change, the space may be ultimately be needed for other purposes, but in the interim, this is an excellent match for both parties. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAM SPECIALIST BY THE Wt- -ESOTA STATE BAR ASSOCL&T10N DAVID a. AIINOLD DART D.MCDOMELl. STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOE LAURA E. FRETLAND DAVID A. BRCEOOEMANN PAUL D. DOVE" JOSEPH M.PAIEMENT JAMES DTLET RICHARD O.NCOEE CATHRYN D. RENER OINA M. BRANDT �J 0 June 16, 1993 Ai?NOLD & MCDOWELL ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416-1492 Gary D. Plotz, City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 (812)545 -9000 MN TOLL FREE BOO- 343 -4545 FAX (612) 545-It 3 RE: Hutchinson Community Video Network, Inc. Our File No. 2190 -84005 Dear Gary: or E 221. WlL W. CAMERON RAYMOND C. tALL1Ea 501 SOUTH FOURTH STREET PRUICETON, MINNESOTA 55371 (812)389 -2214 PAX (6l2) 359-5306 101 PARE PLACE HCTCHINSON, MINNESOTA 55350 (612) 567 -7575 PAX (612)387.4096 JU— & y) ttY1� I write to you today in my capacity as a member of the Board of Directors of Hutchinson Community Video Network, Inc. and president of the corporation. As you know, there have been some discussions between the City of Hutchinson and the public access channel regarding locating the channel in the new City Hall structure. The Board of Directors has asked me to advise you that HCVN is not only interested in such an arrangement, we believe it would be in the best interests of both the city and HCVN. As I understand it, there is approximately 1100 square feet available in the rear of the building and this would suit HCVN's needs. I believe our conversation centered around the possibility of securing some estimates from the contractor who receives the award for the remodeling of City Hall. While the construction work necessary for HCVN is not particularly extensive, there will need to be a wall or two put up and perhaps some other fairly minimal remodeling. In that regard, HCVN would then continue to pay rent (as it does in its present location) until the city's costs are fully covered and thereafter, the city and HCVN could negotiate for a longer term, if that seems to be in the best interests of everyone. Obviously, HCVN recognizes that as the city grows and the needs of the city change, the space may be ultimately be needed for other purposes, but in the interim, this is an excellent match for both parties. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAM SPECIALIST BY THE Wt- -ESOTA STATE BAR ASSOCL&T10N Gary D. Plotz June 16, 1993 Page 2 Given the fact that there is at least the possibility of live broadcasts from City Hall, or additional community access services, having HCVN on site will likely prove to be a real advantage to the city. In any event, I would ask that you place this matter on the agenda for City Council consideration at the time of the first meeting in July. Thank you. Best personal regards. Very truly yours, ARNOLD & McDOWELL G— !die2rso GBA/pb 0 40 • • M E M O R A N D U M F C R Y O U R DATE: July 16, 1993 2 N F 0 R M A T I O N TO: The Mayor & City Council FROM: James G. Marka, Building Official` 1 m RE: Preliminary Observations to Isolate the Existing City Hall From the Motor Vehicle Area. The following observations are documented for the City Council so they may make a reasonably well informed decision for the future use of the existing City Hall site at 37 Washington Avenue W., Hutchinson, MN This consideration is to raze the building entirely with exception of the existing motor vehicle and garage area which was constructed in 1967. (See attachments) The westerly wall of the 1967 addition appears to be a bearing wall for the original building. This wall would need to be underpinned and reconstructed. The plumbing, electrical, heating plant, alarm system, water, sanitary sewer, natural gas, water heater, and water softner would all need to be relocated. Presently all infrastructure with the exception of the telephone is served into the original building. The 1967 addition does not have an internal stairway. Presently, the stairway is served via the original building. The 1967 addition does not have a bathroom group. The fail cells are served with sewer and water but would need updated. The roof of the 1967 addition is a flat precast roof and appears to be the original built -up tar and gravel roof. Presently, we are experiencing no leakage. In summary, the 1967 addition appears structurally sound and durable. I have no information regarding the energy efficiency of this building. Per City assessor Brad Emans, the 1967 addition is assessed at $89,000.00. The garage is 251x31' = 775 sq. ft. and the remainder of the building is 321x37' _ 1184 sq. ft. JGM /mms City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on nrvi lyd pwcr- (F- ") Police Department 10 Franklin Street South (612) 587 -1242 ■ ��_� . 1 `. �I� ,, ow � Fina40 roll ". - *4 af. AMUNCL CMMNE11s . M0 OF. FOLVICA l CLEIaCAL - IN S.F. 111 W. LOaar - 4" a.F. FOL a AMW CLEPSC1AL - 444 80 AdN -N U -MAIN LEVEL PLAN AREA PLAN ++�rL o aF. COI� - say - it at w ai. MI CHINSON CITY -HALL H #,HINSON, MINNESOTA oARAOE - oaa e.F. II II 1 f I I 11 y�Ga CITES Loom. aTOwtc1� a1011A0E -140 OF. VENKU De". LweY\ -4aa OF. {rOFFIca _BUILDING DATA PIRCULATION AREA 1304 SF. COMMON AREA 986 81. TOTAL FLOOR AREA 18 179 S.F. TOTAL BUILDING AREA 12,739 Sf FIO. DANnD B.ARNOLD GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRUEGGEHANN PAUL D. DOVE "- JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCGEE CATHRYN D. REBER GINA M. BRANDT July 9, 1993 ARNOLD & MCDOIVELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON Mr. Dan Prochnow Bradford, Prochnow & Newman 75 Hassan Street So. Hutchinson, Mn. 55350 Re: Electrical service Condemnation Matter Our File No. 3244 -93064 • Dear Dan: OF COUNSEL WITI AI4 W.CAMERON RAYMOND C. LAl MEN 5881 CEDAR I.AEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 600-343-4545 FAX ( 612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389-5506 Enclosed please find rough draft copies of the condemnation pleadings in connection with the proposed quick take of the electrical service territory known as the "Compton- Anderson" property. I do want to bring to your attention one issue. In discussing this matter with Willard Pellinen, he tells me that the north 700 feet of the west 373.37 feet contains a house. I assume this house is presently served by the Cooperative. Are we condemning this territory as well? If so, the legal description should be amended and specific reference to this situation should be made. Also, the legal description for the property involved includes an exception for some property owned by a church. I am presuming that we intend to condemn this territory and accordingly, I have omitted that exception. Again, please advise if this is not the case. I am enclosing for your information a copy of the legal description for the Compton Anderson property which notes these two exceptions (the exception for improved property and the exception for the property owned by the church). 'CERTIFIED AS A CIVIL TRIAT SPECIALIST BY THE MIN7VESOTA STATE RA 8 ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION Mr. Dan Prochnow July 9, 1993 Page 2 Thank you. Very truly yours, ARNOLD & cDOWELL G. Berry Anderson GBA:lm Enclosures CC Gary D. Plotz with enclosures Paul Ackland with enclosures CI • • STATE OF MINNESOTA DISTRICT COURT COUNTY OF McLEOD FIRST JUDICIAL DISTRICT Case Type: Condemnation ----------------------------------------------------------------- City of Hutchinson, a Minnesota municipal corporation, Petitioner, NOTICE OF LIS PENDENS V5. McLeod Cooperative Power Association, Inc., a corporation organized under the laws of the State of Minnesota; United States of America through its Administrator of the Rural Electrification Administration; National Rural Utilities Cooperative Finance Corporation, a corporation organized under the laws of the District of Columbia, Respondents. ----------- --------- -- ---- -- -- -- - - - -- IN THE MATTER OF CONDEMNATION BY THE CITY OF HUTCHINSON OF CERTAIN LANDS IN THE CITY OF HUTCHINSON, COUNTY OF McLEOD, STATE OF MINNESOTA. NOTICE is hereby given that on the _ day of July, 1993, the City of Hutchinson filed a Petition in the office of the District Court Administrator for McLeod County, for the condemnation, pursuant to Minn. Statutes Chapter 117, as amended, of the electrical service areas and associated property rights, for real property legally described as follows: The Southeast Quarter of the Southeast Quarter of Section 2, Township 116 North, Range 30 West of the Fifth Principal Meridian, except the north 700 feet of the west 373.37 feet thereof, all located in McLeod County, State of Minnesota. �— -Cf The names of the parties to the action are as stated in the • Petition. No state deed tax is due to the State of Minnesota on this instrument Dated: THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X ARNOLD & McDOWELL By: G. Barry Anderson Attorney for Petitioner 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X • STATE OF MINNESOTA DISTRICT COURT COUNTY OF McLEOD FIRST JUDICIAL DISTRICT Case Type: Condemnation ------------------------------------ ------------ ----- ------- - - - - - -- City of Hutchinson, a Minnesota municipal corporation, Petitioner, IN THE MATTER OF THE VS. CONDEMNATION OF CERTAIN ELECTRICAL SERVICE TERRITORY McLeod Cooperative IN THE COUNTY OF McLEOD, Power Association, STATE OF MINNESOTA Inc., a corporation organized under the laws of the State of Minnesota; United States of America through its Administrator of the Rural Electrification Administration; National Rural Utilities Cooperative Finance Corporation, a corporation organized under the laws of the District of Columbia, Respondents. TO THE ABOVE NAMED COURT: Petitioner, the City of Hutchinson, Minnesota ( "Petitioner ") respectfully states and alleges as follows: 1. Petitioner is a municipal corporation duly organized and existing under the laws of the State of Minnesota and is authorized by law to exercise the right of eminent domain. 2. Petitioner seeks to acquire the interests and property rights hereinafter described for public purposes. 3. On July 13, 1993, at the regular meeting of the City Council of the City of Hutchinson, said Council, in the exercise of • its legislative powers, adopted a Resolution determining that it was necessary, proper and expedient and in the interests of the public health, convenience and general welfare of the citizens of the City of Hutchinson to acquire title to and use of the • electrical service areas and such other property interests as are necessary therein, over, under, across and through the lands described in attached Exhibit "A" incorporated as if fully set out herein, all of which lands are located in the City of Hutchinson, County of McLeod, State of Minnesota. A copy of the Resolution approved by the Hutchinson City Council is attached hereto as Exhibit "B" and is made a part of this Petition as though fully set out. 4. As a result of the provisions of Minnesota Statute 5465.01 (1988), Minnesota Statute §117.011 (1988), Minnesota Statute §216B.47 (1988) and the Home Rule Charter of the City of Hutchinson, Petitioner has the right to initiate an action to acquire, and to acquire from the Respondents named in this action, property or necessary interests in property, for the public purposes hereinafter set forth. 5. Petitioner operates an electric utility through the Hutchinson Utility Commission which provides electrical energy to persons, businesses and other entities located within the municipal limits of the City, as well as outside the municipal limits of the City. 6. Respondent, McLeod Cooperative Power Association, Inc. ( "Cooperative ") is a cooperative electric association, organized under the laws of the State of Minnesota, which provides electrical service to persons and entities in McLeod County not residing within the municipal limits of Petitioner. . • 7. Respondent, United States of America, through its Administrator of the Rural Electrification Administration (REA) and National Rural Utilities Cooperative Finance Corporation (NRUCFC) are security holders by virtue of a security instrument given by Cooperative on or about the 23rd day of October, 1991 which security instrument was duly recorded with the office of the Secretary of State for the State of Minnesota as Document No. 1452549. 8. Cooperative, according to the files and records of the Minnesota Public Utilities Commission, has an "assigned service area" established pursuant to the procedure sent forth in Minnesota Statute §216B.39 (1988), which includes certain undeveloped lands presently within the municipal limits of the Petitioner where no retail electric customers exist or are served by any electric utility. 9. Included within this assigned service area of Cooperative are the lands described on attached Exhibit "A" 10. The Petitioner and Cooperative entered into an agreement on or about March 11, 1974 and a true and correct copy of said agreement is attached hereto and made a part hereof. Pursuant to the agreement, Petitioner is entitled to provide electric service to the property described on attached Exhibit "A" without providing any compensation to Cooperative for the transfer of the service territory from Cooperative to Petitioner. 11. Cooperative has refused to transfer the service territory to Petitioner for the property described on attached Exhibit "A ". 12. Petitioner desires to extend its existing electric facilities to serve retail customers located within the property described on attached Exhibit "A" and the governing body of • Petitioner has concluded the extension of Petitioner's existing electric facilities to serve the undeveloped land set forth on attached Exhibit "A" is reasonably necessary to serve a public purpose. 13. The governing body of Petitioner has determined that it is necessary that Petitioner serve the undeveloped lands set forth on attached Exhibit "A" as soon as practical, in order to eliminate confusion, potential delay and to provide the City and potential customers with an opportunity to plan for electrical service appropriately. 14. Petitioner to seeks to acquire, in this proceeding, property rights of Respondents, to the extent any exist, represented by the privileges granted to Cooperative by law to provide electric service at retail to future customers in the undeveloped lands set forth on attached Exhibit "A" if Petitioner did not otherwise choose to provide electrical services to these potential customers. 15. None of the aforedescribed lands are presently devoted to a public purpose. WHEREFORE, Petitioner prays for an order of this Court as follows: 1. Adjudging that said taking is for a public purposes, is reasonably necessary and convenient, and is as authorized by law; 2. Appointing three disinterested persons, and at least two alternates, residents of McLeod County, as commissioners to , ascertain and report the amount of damages, if any, that may be occasioned by the taking; fixing the time and place of the first meeting of the commissioners; prescribing their compensation; and requiring the commissioners to file their report with the District Court Administration, within one hundred eighty (180) days unless said time by further extended by order of the Court; 3. Petitioner further prays for an order of this Court pursuant to Minnesota Statute 5117.042 authorizing the transfer to Petitioner of all right, title and interest in and to the electric service areas and associated property rights to said real estate described in Exhibit "A" effective as of November 1, 1993; and 4. Such other and further relief as this Court finds just and equitable. 0 Dated: ARNOLD & McDOWELL By: G. Barry Anderson Attorney for Petitioner 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X Pursuant to Minnesota Statute Section 549.21, the party or parties represented by the undersigned attorneys acknowledge that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties for actions in bad faith; the assertion of a claim or a defense that is frivolous and that is costly to the other party; the assertion of an unfounded position solely to delay the ordinary course of the proceeding or to harass; or the commission of a fraud upon the Court. G. Barry Anderson STATE OF MINNESOTA COUNTY OF McLEOD City of Hutchinson, a Minnesota municipal corporation, Petitioner, VS. McLeod Cooperative Power Association, Inc., a corporation organized under the laws of the State of Minnesota; United States of America through its Administrator of the Rural Electrification Administration; National Rural Utilities Cooperative Finance Corporation, a corporation organized under the laws of the District of Columbia, Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Condemnation AFFIDAVIT OF MAILING OF NOTICE OF INTENTION TO TARE POSSESSION IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF McLEOD, STATE OF MINNESOTA FOR ELECTRICAL SERVICE PURPOSES ----------------------------- STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) Linda J. Martin, being first duly sworn on oath says that on the day of , 1993, she served a Notice of Intention to Take Possession, an example of which is attached hereto as Exhibit "A" on each of the Respondents in this action by mailing said Notice to each and every one of them in an envelope, by United States certified mail, postage and fees prepaid, by depositing the same in the post office at Hutchinson, Minnesota, addressed to the last known address of each; that the certified mail number and the name and address of each addressee as set forth below: u • • McLeod Cooperative Power Association 1231 Ford Avenue Glencoe, Mn. 55336 National Rural Utilities Cooperative Finance Corporation 2201 Cooperative Way Woodlawn Park, Virginia 22071 United States of America Rural Electrification Association Washington, D. C. 20250 -1500 Subscribed and sworn to before me this day of . 1993. Notary Public F Linda J. Martin STATE OF MINNESOTA DISTRICT COURT COUNTY OF McLEOD FIRST JUDICIAL DISTRICT Case Type: Condemnation ------------------------ -- ---- ---- -- -- -- ----- - - - - -- City of Hutchinson, a Minnesota municipal corporation, petitioner, NOTICE OF HEARING AND NOTICE OF MOTION FOR TRANSFER OF VS. TITLE AND POSSESSION UNDER McLeod Cooperative MINN. STAT. §117.042 Power Association, Inc., a corporation organized under the laws of the State of Minnesota; United States of America through its Administrator of the Rural Electrification Administration; National Rural Utilities Cooperative Finance Corporation, a corporation organized under the laws of the District of Columbia, Respondents. ------------------------------------------------------ TO: THE McLEOD COOPERATIVE POWER ASSOCIATION, UNITED STATES OF AMERICA THROUGH ITS ADMINISTRATOR OF THE RURAL ELECTRIFICATION ADMINISTRATION AND THE NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORPORATION. YOU AND EACH OF YOU ARE HEREBY NOTIFIED that on the _ day of August, 1993, at 9:00 A.M. in the District Courtroom for McLeod County, Minnesota, Glencoe, Minnesota, before one of the judges of the above named court, the undersigned as counsel for the City of Hutchinson, will present the Petition for the condemnation of certain property interests situated in McLeod County, Minnesota, for the purpose of acquiring all right, title and interest, as well as any associated property interests, to the electrical service area described in Exhibit "A" to the Petition now on file with the • District Court Administrator for McLeod County. These property interests are being acquired for the purpose of extending the utility service areas for the City of Hutchinson, which will have the effect of promoting the public welfare as more fully set forth in the Petition. The Petition prays for the appointment by the Court of three commissioners to ascertain and report the damages for the real estate interests to be taken and acquired for the purposes aforesaid and any injuries caused by said taking. The real estate and interests involved are as set forth in the Petition and the exhibits to the Petition, including all persons whom your Petitioner has been able by investigation and due inquiry to discover, together with the nature of the ownership as nearly as can be ascertained. YOU AND EACH OF YOU ARE FURTHER NOTIFIED that at the above time and place the Petitioner will also move the Court for an order transferring title to the electrical service areas and the right to possession of the electrical service areas, including any associated property rights, described in the Petition and attached exhibits in accordance with Minn. Stat. $117.042 as well as Minn. Stat. $216B.47 and Minn. Stat. 5465.01, all as amended, as of November 1, 1993. Dated: ARNOLD & MCDOWELL By: G. Barry Anderson Attorney for Petitioner 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X STATE OF MINNESOTA DISTRICT COURT COUNTY OF MCLEOD FIRST JUDICIAL DISTRICT is Case Type: Condemnation --------------------------------------- ----- ------ ------ ----- - - - - -- City of Hutchinson, a Minnesota municipal corporation, Petitioner, NOTICE OF INTENT TO TARE VS. POSSESSION McLeod Cooperative Power Association, Inc., a corporation organized under the laws of the State of Minnesota; United States of America through its Administrator of the Rural Electrification Administration; National Rural Utilities Cooperative Finance Corporation, a corporation organized under the laws of the District of Columbia, Respondents. ----------------- ------ ---- ----- ------- -- - - -- TO: THE MCLEOD COOPERATIVE POWER ASSOCIATIONO UNITED STATES OF AMERICA THROUGH ITS ADMINISTRATOR OF THE RURAL ELECTRIFICATION ADMINISTRATION AND THE NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORPORATION. PLEASE TARE NOTICE: Minnesota Statutes §117.042, as amended provides as follows: Whenever the Petitioner shall require title and possession of all or part of the owner's property prior to the filing of an award by the court - appointed commissioners, the Petitioner shall, at least ninety (90) days prior to the date on which possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to Petitioner's approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court. If it is deemed necessary to deposit the above amount with the court the Petitioner may apply to the court for an order M transferring title and possession of the property or properties involved from the owner to the Petitioner. In all other cases, Petitioner has the right to the title and possession after the filing of the award by the court - appointed commissioners as follows: (a) if appeal is waived by the parties upon payment of the award; (b) if appeal is not waived by the parties upon payment or deposit of three fourths of the award. The amount deposited shall be deposited by the clerk of court in an interest bearing account no later than the business day next following the day on which the amount was deposited with the court. All interest credited to the amount deposited from the date of deposit shall be paid to the ultimate recipient of the amount deposited. Nothing in this section shall limit rights granted in Section 117.155. In accordance with the above referenced statute, the City of Hutchinson, Petitioner herein, hereby gives notice that it intends to take title and possession of the electrical service areas and any associated property rights to the real estate described in Exhibit "A" attached hereto, effective November 1, 1993. Petitioner alleges in the underlying action that no compensation is due for the transfer. On August , 1993, at 9:00 A.M. before a judge of the District Court, in the District Courtroom, McLeod County Courthouse, Glencoe, Minnesota, the undersigned as counsel for the City of Hutchinson will bring before the Court a motion asking for an order permitting the City of Hutchinson to pay to Respondents or deposit the City of Hutchinson's approved appraisal amount into court, thereby transferring title and the right to possession of said real estate to Petitioner effective November 1, 1993, as to the electrical service areas and associated property rights, described on attached Exhibit "A ". 0 Neither payment to the owner or holder of a property interest as aforesaid nor deposit into court as aforesaid, pursuant to Minn. Stat. §117.042, as amended, shall prejudice or affect the right of the owner or holder of a property interest to contend for further payment in this proceeding. Dated: ARNOLD & MCDOWELL By: G. Barry Anderson Attorney for Petitioner 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X 0 F_ r-I ►JI P \J p The Southeast Quarter of the Southeast Quarter of Section 2, Township 116 North, Range 30 West of the 5th Principal Meridian. Except the north 700.00 feet of the West 373.37 feet thereof. And except that part thereof described as follows: Commencing at the southeast corner of said Southeast Quarter; thence northerly, along the east line of said Southeast Quarter, a distance of 446.00 feet to the point of beginning of the land to be described; thence continuing northerly, along said east line, a distance of 534.00 feet; thence westerly, parallel with the south line of said Southeast Quarter, a distance of 490.00 feet; thence southerly, parallel with said east line, a distance of 534.00 feet; thence easterly, parallel with said south line, a distance of 490.00 feet to the point of be- ginning. 7\ A i 0 CERTIFICATE OF SURVEY for DOUG WIEHE That part of the Southeast Quarter of the Southeast Quarter of Section 2, Township 116 North, Range 30 West of the 5th Prin- cipal Meridian, described as follows: Commencing at the southeast corner of said Southeast Quarter; thence northerly, along the east line of said Southeast Quarter, a distance of 446.00 feet to the point of beginning of the land to be described; thence con- tinuing northerly, along said east line a distance of 534.[IJ feet; thence west - th N 1� 1 \ 1 v c Lu 1 in 7 I c v- o O E v c c o L L o• l U 0 a Z U i�. I3 0 M p �¢ a�- p'z X IU �v erly, parallel with the sou c N line of said Southeast Quarter, v M u a distance of 490.00 feet; N n thence southerly, parallel ' IN with said east line, a dis- ° tance of 534.00 feet; thence m90 _j easterly, parallel with said 3s�c'. p'N south line, a distance of _ _ 490.00 feet to thu point of v o beginning. .. - 490.00-- • m S ' o N C W N denotes iron monument sound ' I p V E ^ 3 U) c 0 o E o denotes iron monument set m c 112 inch by 14 Inch iron pipe E ° AREA =6.0 ACRES 19 in o 9p I I N U SW corner of SE 1/4 cost iron U monument CONTY NO. 82_ _�,.•' _HI_GHWAY_ 1 ~ —hr — - - — fS 2 T116 R30W.'T is South line of SE 1/4 o ec. _ - _,_ - --- -_. _ -_ 200 100 0 200 cru r IN FEET hereby certify this survey was prepared by me or under my direct supervisly env ••�• - -_ly Registered Land Surveyor under the laws of the Slate of Minnesota. //> l /// i 1�il p i �0 / Willard Pelltnen, Registration No. 9626. .luly 27. 1989 PELLINEN LAND SURVEYING HutchinSOn, MN P 91 Feae 15 Job No. 89116 N ,OPTION CONTRACT w��o .v.u•«ws ca.. «cw e� «, «r « «, OPTION CONTRACT For and inconsideration of the sum of.. One Hundred and no /100 ---- - - - - -- -------Dollars ...... ............................... ........................ ........... id 100:00 ) to me in hand paid, the receipt whereof is hereby aeknowledied, I hereby trant unto Frank J. Fay ...................................................... from the .............. 19th exclusive .............. a n_---.... ........._..........- .......... f November .... ................day oJ. .................. . ...... � Lion for .........180 ................ .......days ......... 19-86 to purchase, for the Two Hundred Forty -eight Thousand Two Hundred & no /100 -- 2k8 200 sum of_.... -...- .................. ................ .............................Tv .... - -° .........._.... --.......DOLL IRS (d- ......!........:��) the following described lands._34 acres of c Douglas and Vivian Weihe and situated in the °- ......................... ..........--............. Wallae E. a cobson - McLeod County Of ..................... Minnesota ..to -wit: ..... ......- _............_- ---...an3 State o�..........•°---° ... ................... °........... #West Half of the Southeast Quarter of the Southeast Quarter (W2' SEZ SE0 of Section (2), Township One Hundred Sixteen (116), Range Thirty (30) and the West Half of the set Half (W� E�) of the Southeast Quarter of the Southeast Quarter (SE''' SEc) of Section Two (2), Township One Hundred Sixteen (116), Range Thirty (30), excepting therefrom the following described real estate: The North 700.00 feet of the West 373.37 feet of the Southeast Quarter of the Southeast Quarter (SEZ SEZ) of Section Two, Township 116, North, Range 30 West. an d The East Half of the East Half (E} E)) of the Southeast Quarter of the Southeast Quarter (SE2 SED of Section Two (2) in Township One Hundred Sixteen (116) North of Range Thirty (30) West. 1�GeI� j 5..- Sur RESOLUTION AUTHORIZING ACQUISITION OF • ELECTRICAL SERVICE AREA BY EMINENT DOMAIN PROCEEDING RESOLUTION NO. 10000 THIS RESOLUTION is made and entered this 13th day of July, 1993, by the Hutchinson City Council. RECITALS: I. The City of Hutchinson includes within its incorporated territory the following described real estate: The Southeast Quarter of the Southeast Quarter of Section 2, Township 116 North, Range 30 West of the Fifth Principal Meridian, except the north 700 feet of the west 373.37 feet thereof, all located in McLeod County, State of Minnesota. 2. Said property is located within the city limits of the City of Hutchinson and has been so located since 1987. 3. The property is unimproved, but is the subject of plans for improvement in 1993, 1994 and subsequent years, with said improvements consisting of and including but not limited to home building, road and utility installation and similar construction. 4. The McLeod Cooperative Power Association asserts that the property is part of the Cooperative's service territory. 5. As a result of an agreement dated March 11, 1974 between the City of Hutchinson and the Cooperative, the above described property is or ought to be within the service territory of the City of Hutchinson. 6. The City of Hutchinson provides electrical and other utility services to properties both within and without the City of Hutchinson and is in a position to provide services to the property described above. 7. The City of Hutchinson and the Cooperative have been unable to agree on the orderly transfer of the service territory for the above described property from the Cooperative to the City of Hutchinson. 8. For the convenience of the residents of the above described property and for other good and sufficient reasons, it is in the public interest for the City to acquire the electrical service territory for the above described real estate by the use of eminent domain proceedings. • 9. Acquisition by the municipality of the electrical service territory furthers important public policy and municipal objectives including but not limited to local citizen control of el rates, quality of service, maintenance of consistent construction • standards and provision for a financial return to the City. 10. Acquisition of electrical service territory is important to the City and is consistent with acquisition of service territory in the past as the City has grown. NOW THEREFORE, BE IT RESOLVED by the City.Council for the City of Hutchinson, Minnesota: that the law firm of Arnold & McDowell, as counsel for the City of Hutchinson, is hereby authorized to commence and complete eminent domain proceedings pursuant to Chapter 117 of Minnesota Statutes for the purpose of acquiring the electrical service territory for the above described real estate including authorization to acquire the service territory by the use of the accelerated acquisition provisions ( "Quick Take ") of Chapter 117 of Minnesota• Statutes. Adopted by the Hutchinson City Council this 13th day of July, 1993. CITY OF HUTCHINSON Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator 0 JUL a b93 VED TO: HCDC Membership /City Council /City Administra By FROM: James R. Bullard, President 9zt2 £DE62 SUBJECT: Status Report DATE: July 15, 1993 1. Review of Year to Date (7/1/92 - 6/30/93). a. Administrative. 1.) After resignation of John Bernhagen, reformulated executive director position description, interviewed candidates, and retained Robert Kennebeck to act as interim executive director 8/7/92. 2.) Completed Star City recertification. b <� J Q�` •3�� C WO hit �C� Housing. To address needs and develop higher level of interaction between HCDC and HRA: 1.) Created Housing Task Force. 2.) Reviewed and adopted strategies for housing program development with HRA. 3.) Created, funded, and filled the position of Housing and Community Development Coordinator with HRA. 4.) Created HCDC Housing Team to enhance interaction with HRA. 5.) Designed and completed housing survey with HRA. Finance. 1.) Reviewed various loan and TIF programs. 2.) Revised Downtown Commercial Property Rehabilitation Loan Program. 3.) Began work on Energy Program with Hutchinson Utilities. 4.) Met extensively with City Attorney to develop documentation for Industrial Park Write -Down Program. 2. As the year has progressed it has become increasingly apparent that our housing focus can and should be diminished and the mission of HCDC should be redefined and made more explicit. To that end the Board of Directors has formulated the following Mission Statement and Strategies: MISSION The purpose of the corporation is to further the economic development of Hutchinson and vicinity. STRATEGIES We will accomplish our mission by: ° Coordinating economic development activities with governmental and civic groups. ° Helping all businesses and industries to expand or improve. ° Identifying needed non - retail business and industry. / i OL , • Actively recruiting new, non - retail business and industry. • Assisting new business and industry with financing, facilities, locations, etc. • Assisting developers with financing, coordination of governmental requirements, and identification of community needs. • Developing funding sources and necessary accounting procedures. The Board of Directors will review the mission and strategies each year and will designate appropriate committees from within the membership. Those committees will develop and execute tactics to accomplish the strategies. As individuals, we all will do our part and as a group, we will complete the mission. 3. The Board has, also, considered the City's request to move the HCDC office to the new City Hall. Such a move would result in expense reduction of approximately $5,600.00, annually. Additionally, it would continue the enhanced interaction with HRA, whose executive director will be moving there, and facilitate utilization of the Housing and Community Development Coordinator, whose employment is shared with HRA. On 6/25/93 the Board voted to move HCDC's office to the new City Hall. 4. The move will necessitate selection of a new executive director. Bob Kennebeck has done a good job for us the past 11 months, however, his first allegiance, quite rightfully, must be to the Chamber of Commerce and he does not feel that the split location situation woul allow him to adequately serve the needs of HCDC. In view of this, the Board has determined to advertise for a permanent part -time director. We believe there are a number of potential candidates locally. Additionally, we plan to look outside the community for qualified individuals. 5. In that regard, the HCDC Board is formally seeking the City of Hutchinson's approval of our request for an "Authorization to Advertise" for an executive director at this time. Final employment of this individual will be contingent upon the future confirmation of HCDC's budget by the City of Hutchinson. 0 Hutchinson Community Development Corp. 2) 587 -7500 MEMO TO: Mayor & City C until FROM: Connie Mangan RE: Computer & Software DATE: July 21, 1993 45 Washington Ave. East Hutchinson, Minnesota 55350 i Your consideration and approval are requested for of an IBM or IBM compatible computer and software HCDC commercial, housing and apartment loans. The also be used in the Hutchinson Housing & Authority's HOME Rental Rehab Project program. the purchase to track the software will Redevelopment Under the Small Cities Program, the City has loaned $850, 538 in commercial loans & $284, 539 in housing loans. The tracking of these loans has come very complicated. Cursor Control, Inc. has developed micro computer software for Housing Rehabilitation & Community Development Project Management. This software would give the HCDC finance committee the financial data they have been requesting, for the last 2 years. The program also tracks the demographic data needed for the Small Cities Reports, HOME Rental Rehab & MHFA Housing Rehab. The HCDC Finance Committee has reviewed the software and recommends, with concurrence of the HCDC Board, requesting the City Council to authorize 50% of the cost of the computer system and software. The Hutchinson Housing and Redevelopment Authority, at their July 20 meeting, approved participating in 50% of the cost of the computer and software system. Attached is a sample proposal software. Letters have been requesting bids on the computer for the requested computer and sent out to several companies system. Proposal for Computer System for HCDCIHRA Housing & Community Development Coordinator Computer System $2006 486/SX/25 $1349 LED 400 488 I AK9600 Phone Modem 169 (quote by PC Tailor's June 17, 1993) Software Community Development Manager by Cursor Control, Inc $6495 Modules Borrower Demographics necessary for reporting for Small Cities Reports, Home Rental Rehab, MHFA housing Rehab. 2. Properties - organizes property information for housing loans and preparing grant /funding. 3. Programs/ Projects - tracks source:of funds for rehabs and summarizes use of funds (number of units rehabed, dollars obligated, etc.) 4. Loans /Payments - accounting functions, definitions of loan funding source, distribution on payments received by source of funding (principal and interest) loan balance by source of funding, loan portfolios. 5. Contractor /Bid - Contractor Database - Bid analysis 6. Work Plans /Disbursements - summarizes work items, source of fund, disbursements to contractors. CJ 1] E ACDC use of Community Development Manager • Commercial Loans - Currently I have 38 commercial loans that could be tracked using module 4- Loans /Payments. This would provide monthly statements of accounts. Downtown Commercial Loan Program Module 1 - Borrower Demographic Module 2 - Property Informate Module 3 - Programs /Project Module 4 - Loaning /Payments Module 5 - Contractor Bid Module 6 - Work Plans /Disbursement MHPA - Defined Loan Program Module 1 - 6 HRA use of Community Development Manager Home Rental Rehab - Module 1 - 6 Small Cities Applications for Housing Rehab - Modules 1 - 6 Estimated use: HCDC 50% HRA 50% 0 • HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY • 45 Washington Ave. E. Hutchinson. l� 535 nnesola 50 All: (612)234 - 7738•(612)587 -7500 FAX: 587 -4752 ti EQUAL HOUSING OPPORTUNITY MEMO DATE: July 21, 1993 TO: Mayor and City Council FROM: Jean Hard RE: Tax Levy Request for HRA operations At our July 20, 1993 HRA Board meeting, a draft budget for staffing the HRA at City Hall was reviewed and approved. Over half of the draft budget revenues are from a proposed tax levy of 0.131 percent of taxable market value, which based on the 1992 Hutchinson taxable market value would be $35,735. This budget assumes that the HCDC will fund one -half of the positions for the Housing and Community Development Coordinator and for Housing and Community Development Secretary. Information including the proposed budget, survey of HRA Tax levies in other communities and a letter from Barry Anderson describing the tax levy process is enclosed for your information. The major reason that the HRA is requesting a tax levy is to provide a stable source of funding for operations enabling the HRA to participate in needed housing programs that may not provide administrative fees. There are opportunities to become involved in may excellent housing programs, but without staffing there is no capacity to explore these opportunities. Examination of our work plan status through June, 1993 reveals the HRA's efforts to provide needed housing and housing programs for the City of Hutchinson. For example, the HRA has received, from MHFA, an allocation of $849,495 in single family mortgage revenue bonds for the City of Hutchinson; two rental rehabilitation apartment projects have been identified and funds have been reserved for these projects. The HRA is also working on developing up to 20 -25 affordable lots in the City of Hutchinson through the Farmers Home Administration Rural Site Loan Program and we are working on a MHFA publicly owned land trust application in conjunction with Peace Lutheran Church for congregate senior housing. Lastly, the HRA has presented the Maxfield Housing Study to facilitate the development of needed housing in Hutchinson. Much has been accomplished in six months, but there is still a great deal of work to do the rest of this year and in the coming years. Therefore, in order to fund positions to staff an HRA office at City Hall, on an on -going basis, the HRA is requesting that the proposed levy of .0131 percent of taxable market value be approved by the City Council. *Attached to this memo is a table showing the tax levy impact, according to various hose values. 9 -c. 1993 PAYABLE 1994 TAX LEVY IMPACT Value of Levy Homes Amount -- - - - - -- $ 40,000 - -- - - - - -- $ 5.24 $ 50,000 - -- $ 6.55 $ 60,000 - -- $ 7.86 s 70,000 - -- $ 9.17 s 80,000 - -- $10.48 $ 90,000 - -- $11.79 $100,000 - -- $13.10 $150,000 - -- $19.65 0 • 0 0 �1 U Draft 7120/93 Assumption: HCDC will fund 1/2 coordinator and 1/2 secretary HRA Budget for Staffing City Hall Office Total Salaries k Benefits $46,952. Workers Compensation Insurance ... ............................... 2,060. Total Staffing $49,012.00. Ex eases: Office Space: .............................. ............................... 0. Office equipment charge ..................... ............................... $500. copier ............. ............................... fax ............. ............................... Audit: .................................... ............................... $500. Sundry: .................................... ............................... $4,000. postage ............. ............................... office supplies ............. ............................... telephone ............. ............................... Expenses Total: -- - -- Salaries: -- --- -- -- Assume 30,160 41^ Housing k Community Development Coordinator (1/2 time) 15,080. 7,800 6.50 /hr. Housing k Community Development Secretary (1/2 time) 3,900. 7.50 /hr. - 20 hrs /wk 34,757 4Z^ HRA Executive Director (1/2 time) .................... 17,379. Total Administrative Salaries $36,359. Benefits; 9,700 H k CD Coordinator (1/2 benefits) .......................... 4,850. 1,065 H 6 CD Secretary (1/2 benefitsl .......................... 533. 10,420 HRA Executive Director (1/2 benefits) .......................... 5,210. Total Benefits $10,593. Total Salaries k Benefits $46,952. Workers Compensation Insurance ... ............................... 2,060. Total Staffing $49,012.00. Ex eases: Office Space: .............................. ............................... 0. Office equipment charge ..................... ............................... $500. copier ............. ............................... fax ............. ............................... Audit: .................................... ............................... $500. Sundry: .................................... ............................... $4,000. postage ............. ............................... office supplies ............. ............................... telephone ............. ............................... Travel: ................................... ............................... $1,600. Conference Registration ............. ............................... mileage ............. ............................... meals /hotel ............. ............................... Nahro Affiliation ............. ............................... Misc: .......................... ............................... ,000 Capital Expenditures ...................................................... $1,000. TOTAL .............. $8,100. Total Expenses: City Hall Office....... $57,112. Revenues: Rental Rehab Program Administration Fee (1992) ...... .......................$14,000. (1065 Jefferson) Tax Levy .......... ............................... .......................$35,735. Hutchinson Housing, Inc. contribution ........ ..............................$ 71377. TOTAL .............$57,112. 0 i 0 TAX LEVY SURVEY 1. New Ulm .. ...........................levy $21,109 2. Red Wing .......... next year will levy $107,000 Population 15,000 Past 2 years $57,000 levy 'a. Faribault ...........................levy $29,000 4. Winona... will be requesting a tax levy this year Population 25,000 5. Willmar HRA .........................levy $50,000 6. Carver County HRA......... last year approved $200,000 tax levy 0 0 DAVID B.ARNOI.D GARY D. McDOWELI. STEVEN A."DENSON 0. DABRY ANDERSON' STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRUEGOEMANN PALL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCGEE CATHRYN D. REBER GINA M.BRANDT July 22, 1993 A$NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HuTCHINSON, MINNESOTA 55350-2563 Ms. Jean Ward Hutchinson Housing & Redevelopment Authority Park Towers 133 3rd Ave. S.W. Hutchinson, Mn. 55350 Re: HRA Levy Dear Jean: (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY G -HARRY ANDERSON OF COUNSEL WILLIAM W. CAMERON RAYMOND C� I.ALLIEB 5881 CEDAR LAKE HEAD MINNEAPOLIS, MINNESOTA 53416 (612) 545 -9000 MN TOIL FREE 800 -343 -4545 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 You have asked me to prepare correspondence outlining the taxing authority for the Hutchinson Housing & Redevelopment Authority (HRA) . The HRA must formulate and file a budget in the same manner as required of other City departments. If departmental budgets are not required, the HRA must submit its budget to the City by August 1, 1993. Minn. Stat. §469.033, Subd. 6. The statute specifically provides "subject to the consent by resolution of the governing body of the City in and for which it was created, an authority may levy each year a tax upon all taxable property within that taxing district." Minn. Stat. 5469.033, Subd. 6. In other words, the tax must be approved by the City Council and the proposed levy amount must be based on the approved budget. If approved, the HRA must certify the proposed levy to the County Auditor no later than September 15, 1993. For further information regarding the auditor requirements, please contact the County Auditor. There is no public hearing requirement. The HRA and the City must approve the final levy which cannot exceed the amount of the proposed budget and the final levy must be certified by the HRA to the County Auditor no later than five working days after December 20, 1992. At the same time, the HRA must file with the Minnesota Commissioner of Revenue a certificate of compliance with Minn. Stat. 5275.065. - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAN-SPECIAIIST BY THE MINSESOTA STATE BAR ASSOCIATI05 Ms. Jean Ward July 22, 1993 Page 2 The maximum amount the HRA may levy is .0131 percent of the taxable market value in the HRA's area of operation. Once certified, the final levy is spread and collected along with other general taxes and is subject to the same rules regarding taxes, including penalties, interest and costs. I am enclosing a copy of Minn. Stat. $469.033 which contains a general discussion of many of these issues. If I can provide any additional assistance, please do not hesitate to contact me. Thank you. Very truly yours, ARNOLD OWW � G. Bar y der/ /son GBA:lm Enclosure \J 996 997 ECONOMIC DEVELOPMENT 469.633 ice, the author - 469.031 PROVISIONAL ACCEPTANCE BY AUTHORITY OF FUND OR PROP - :ost of the work ERTY. tlize in comple- :ite of the work As an aid in the acquisition of the real property of a project area, the authority may accept a fund, or, at an agreed value, any parcel or property within the area, from any partnership or individual. Acceptance shall be subject to a provision that, if the supplier ,n in the use of of the fund or the conveyor of the property purchases the project area or any part I, or other affil- thereof, the fund or the agreed value of the property shall be credited on the purchase price of the area or part thereof, and, if there is an excess above the cost of acquisition o a redevelop- of the area, the excess shall be returned, and that, if the supplier or conveyor does not e vacant, open purchase the area or any part thereof, the amount of the fund or the agreed value of tctures that are the property shall be paid to the supplier or conveyor. lause (7), avail- ersons or fami- History: 1987 c 191 s 31 ,t a price which 469.032 USE VALUE. estate, as deter- ons or families Subdivision I. Determination. Prior to lease or sale of land in a project area, the P j e authority, to authority shall, as an aid in determining the rentals and other terms upon which it will or rehabilitate lease or the price at which it will sell the area or parts of it, place an estimated fair mar - state, county, ket or rental value upon each piece or tract of land within the area which, in accordance tenance codes with the plan, is to be used for private uses or for low -rent housing. The value shall be authority may based on the planned use. For the purpose of this valuation, the authority may cause acome to build a fair market appraisal to be made by two or more land value experts employed by it ling structures for the purpose or it may use the land appraisal services of the municipality. Nothing edition to final contained in this section shall be construed as requiring the authority to base its rentals 1974, chapter or selling prices upon the appraisal. The authority may redetermine its estimated values ants, pursuant both prior to and after receipt by it of any proposal or proposals to purchase or lease assistance for property. )erty pursuant Subd. 2. Use value. The aggregate use value placed for purposes of lease or sale upon all land within a project area leased or sold by an authority pursuant to sections tuthority shall 469.001 to 469.047 shall exclude the cost of old buildings destroyed and the demolition ne what land, and clearance thereof, if each parcel History: 1987 c 291 s 32 is record. Any upon request 469.033 PUBLIC REDEVELOPMENT COST, PROCEEDS; FINANCING. accordance to e for use as a Subdivision I. Financing plans authorized. The entire cost of a project as defined I ation by sale, in section 469.002, subdivision 12, including administrative expense of the authority consideration ( allocable to the project and debt charges and all other costs authorized to be incurred .ned pursuant by the authority in sections 469.001 to 469.047, shall be known as the public redevelop - other prove- ment cost. The proceeds from the sale or lease of property in a project shall be known i the develop- as the capital proceeds. The capital proceeds from land sold may pay back only a por- nd moderate tion of the public redevelopment cost. An authority may finance the projects in any one or by any combination of the following methods. Subd. 2. Federal grants. The authority may accept grants or other financial assis- tance from the federal government as provided in sections 469.001 to 469.047. Before it uses other financial methods authorized by this section, the authority shall use all fed- eral funds for which the satisfied that splaced from project qualifies. Subd. 3. Bond issue. An authority may issue its bonds or other obligations as pro- vided in sections 469.001 to 469.047. roject area or i commercial Subd. 4. Revenue pool; use. The authority may provide that all revenues received splaced from from its redevelopment areas be placed in a pool for the payment of interest and princi- the number pal on all bonds issued for any redevelopment project, and the revenue from all such areas shall be paid into the pool until all outstanding bonds have been fully paid. Subd. 5. Special benefit tax fund. If the authority issues bonds to finance a redevel- opment project, it may, with the consent of the governing body obtained at the time of the approval of the redevelopment plan as required in section 469.028, notify the county treasurer to set aside in a special fund, for the retirement of the bonds and inter- 0. 0 996 999 ECONOMIC DEVELOPMENT 469.034 he real property assets, cash or other funds held or used by an authority shall be transferred to and ed therefrom in become the property of the municipality and cash or other funds shall be used as herein e authority. The provided. Upon dissolution of an authority, all rights of an authority against any per - until the bonds son, firm, or corporation shall accrue to and be enforced by the municipality. governing body History. 1987 c 191 s 33; 1987 c 312 art I s 26 subd 2; 1988 c 719 art 5 s 84; 1989 t 1, 1979. c 209 art 2 s 1; 1989 c 277 art 4 s 61; ISp1989 c 1 art 5 s 35; art 9 s 63 rritory included district for the 469.034 BOND ISSUE FOR CORPORATE PURPOSES. his subdivision. district shall be Subdivision 1. Authority and revenue obligations. An authority may issue bonds for :vied under this any of its corporate purposes. The bonds may be the type the authority determines, dy of the city in including bonds on which the principal and interest are payable exclusively from the upon all taxable income and revenues of the project financed with the proceeds of the bonds, or exclu- c to the auditor sively from the income and revenues of certain designated projects, whether or not they )rking days after are financed in whole or in part with the proceeds of the bonds. The bonds may be addi- ,luded with and tionally secured by (1) a pledge of any grant or contributions from the federal govern- 's by the county ment or other source, or (2) a pledge of any income or revenues of the authority from 'ty, interest, and the project for which the proceeds of the bonds are to be used, or (3) a mortgage of any 'd by the county project or other property of the authority. vn as the "hous- Subd. 2. General obligation revenue bonds. (a) An authority may pledge the general ' turned over to obligation of the general jurisdiction governmental unit as additional security for bonds sections for the i payable from income or revenues of the project or the authority. The authority must ,oses of sections find that the pledged revenues will equal or exceed 110 percent of the principal and i0the author- interest due on the bonds for each year. The proceeds of the bonds must be used for n amount a qualified housing development projector projects. The obligations must be issued and cent of tax- sold in the manner and following the procedures provided by chapter 475, except the tion of less than obligations are not subject to approval by the electors. The authority is the municipality ue. The author- for purposes of chapter 475. e market value, (b) The principal amount of the issue must be approved by the governing body of ation assistance the general jurisdiction governmental unit whose general obligation is pledged. Public year formulate hearings must be held on issuance of the obligations by both the authority and the gen- the same man- eral jurisdiction governmental unit. The hearings must be held at least 15 days, but not are required to more than 120 days, before the sale of the obligations. r shall be based (c) The maximum amount of general obligation bonds that may be issued and out- standing under this section equals the greater of (I) one -half of one percent of the tax - authority may able market value of the general jurisdiction governmental unit whose general s, cash or other obligation which includes a tax on property is pledged, or (2) $3,000,000. In the case .1 benefit tax for of county or multicounty general obligation bonds, the outstanding general obligation whenever col- bonds of all cities in the county or counties issued under this subdivision must be added tax or exercise in calculating the limit under clause (1). her funds trans- (d) "General jurisdiction governmental unit" means the city in which the housing is in the city or i in the city. An development project is located. In the case of a county or multicounty authority, the •d from the spe- county or counties may act as the general jurisdiction governmental unit. In the case of a multicounty authority, the pledge of the general obligation is a pledge of a tax on ,ntract with the the taxable property in each of the counties. prior to March er ten days pub- (e) "Qualified housing development project" means a housing development proj- the governing ect providing housing either for the elderly or for individuals and families with incomes :e the authority not greater than 80 percent of the median family income as estimated by the United ,mment or any States Department of Housing and Urban Development for the standard metropolitan urban redevel- statistical area or the nonmetropolitan county in which the project is located. A quali- = dissolving the fied housing development project may admit nonelderly individuals and families with reAWlished in higher incomes if: n becomes (1) three years have passed since initial occupancy; ;ha furnish to (2) the authority finds the project is experiencing unanticipated vacancies result - f the resolution ing in insufficient revenues, because of changes in population or other unforeseen cir- perty, records, cumstances that occurred after the initial finding of adequate revenues; and , 1.1it, ^ ROWL "ON SALE" State of htinnesota: McLeod County Agricultural Association At Retail OnlY, Non-Intoxicating 31alt ljquors, 19 to nil &Lead County fairgrounds ou^hi�Arin* said oppu,uptvp'v,*. the o"si^e="f-'�eer..,.Ppce.Sp4��----_'_--_-__ _ - and m that ,"u rep 'm/n/ and smte'^^/u/w*.---' ............ - ...... --'------- ...... ... ....... -........... -' ^"^/^^e,/,aunrlio'"t/u/ Bill aazv""rdt "yewUoa*xS�m,oy�wu moral "hn`�yr -'-- " wmv°utx9rrz�a".mwt � /'l,,,h the /./x-If will ^,Wuu///t^iI^�~«,n` n'«nr�t*^ of the rxvtn,wo"x�/'mx,o/w'/�no^�^,^,�xvng mu`'~^°°'«�****� =»,u�/''�^^*«/^«e/.,nm�x^/*o^x/nl,*t'-~^��"~""ow«»»"n'w*^���^u�a�*/*pu�� rh�,r1o/uvzp/',^ � n, wox,^�«/r//'oll,,^~�"^°� �/^��u and tt/°�/n"nm^uvu,�»�/��o/��w�p'^^�m�mm*//�^°�uw"/��uu*� u«r/�ob///h'''/^,''+/'ao*h^wbon,aa,«p,� hereof, and hereby ut*"'^»alenrow/"op/ the ^umn' --'_-__ ...... *__ ...... _-___ W»cvmmeod approval with restrictions and re*o1 Drivers license I.D. tobe required for vorcho wxxm A*h,`^m*"that —he w not now the holder of, no, has -^���e���»n���*"*�� wuo"n'w--_d^, make "«p««'«^"*°«fed'w/R°�Jle«�'s8pn"°/ tax ommp for the sale, n/ Dated �� --`~°^*-+--`�^-�-,z�-'�� Hutchinson Mn 55350 / / | | ' ' | ' | C. M E M O R A N D U M DATE:Jul 27, 1993 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of July Attached is a listing of the delinquent water and sewer accounts for the month of July. Recommend service be discontinued on Monday, Aug 2nd, 1993 at Noon. • • City Hall Parks £r Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -- Hutchinson, Minnesota 55350 - Printed on recycled paper - 2- 350- 0302 -072 2- 605 - 0360 -092 Chris Doelger Debra Bondhus 302 Dale St 360 Lake St Hutchinson MN 55350 Hutchinson MN 55350 302 Dale St 360 Lake St 134.59 116.63 Promises 8/6/93 2- 350 -0325 -002 Thomas Smith 2- 670- 0303 -098 325 Dale St Victoria Darnell Hutchinson MN 55350 303 Lynn Rd 325 Dale St Hutchinson MN 55350 144.25 303 Lynn Rd Promises 7/29/93 96.74 2- 350- 0505 -021 2- 670 - 0400 -019 Richard Mattson John Sandahl 505 Dale St 400 Lynn Rd Hutchinson MN 55350 Hutchinson MN 55350 505 Dale St 400 Lynn Rd 87.23 102.93 Promises 8/13/93 2- 465 - 0626 -081 Chris Johnson 2- 670- 0512 -063 626 Harmony Lane Donna Schmidt • Hutchinson MN 55350 512 Lynn Rd 626 Harmony Lane Hutchinson MN 55350 128.81 512 Lynn Rd - 109.81 2- 470 - 0715 -031 E Duesterhoeft 2- 675 - 0544 -031 715 Harrington St Keith Krommenhoek Hutchinson MN 55350 544 Madson Av 715 Harrington St Hutchinson MN 5535101 138.26 544 Madson Av 131.12 2 -555- 0530 -041 Promises 7/30/93 Angela Hanson 530 Jackson St 2 -710- 0406 -071 Hutchinson MN 55350 Brian Geirsdorf 530 Jackson St 406 Merrill St 119.47 Hutchinson MN 55350 Promises 8/02/93 406 Merrill St 128.81 2 -580- 0515 -021 2 -710- 0964 -012 Larry Hoff Lang 515 Juergens Rd 964 Merrill ST Hutchinson MN 55350 Hutchinson MN 55350 515 Juergens Rd 964 Merrill St • 104.87 110.75 1- 480 - 0993 -063 Marc Hanson Lake Minnebelle Litchfield MN 55355 993 Hassan St 100.02 CC: Dale Ewald RR 1 Brownton MN 55312 1- 575 - 0926 -045 Brenda Jakebowski 926 Jorgenson St Hutchinson MN 55350 926 Jorgenson St 58.20 CC: Kenneth Gruenhagen 928 Jorgenson St Hutchinson MN 55350 2- 440 -0500 F Hoeft C/o Darwin 640 Graham Hutchinson 500 Graham -091 Hoeft St MN 55350 St 29.81 Total amount due = $41.11 2 -585- 0563 -082 Cindy Reed Junct Hwy 59 -7 -119 849 N Munsterman St Appleton MN 56208 563 Juul Rd 94.16 CC: Bob Rasmussen Rt 1 Box 55C Darwin MN 55324 Total amount due = $170.43 3- 490 - 0485 -052 Joseph Kopitski 485 High St Hutchinson MN 55350 485 High St 83.87 CC: Marty Briggs 510 Larson St Hutchinson MN 55350 is State of Minnesota • Gambling Control Board 1711 W. County Road B Suite 300 South Roseville, 55113 612/639 -40000 0 P�ZY♦ /� �J, I(M)62�mrsorA Reur Saevyca I t(800�27.3529 July 15, 1993 Donald Merkins VFW Post 906 247 lst Ave SE Hutchinson, MN 55350 RE FILE #: 00125 & 00125 -002 FINAL NOTICE ORGANIZATION APPLICATION PREMISES: VFW Post 906 Dear Mr. Merkins: A recent review of your files shows the following information must be submitted immediately: RE: ORGANIZATION LICENSE APPLICATION The expense calculations submitted by your organization show a different ending balance for 06/91 than the one we have on file. The balance submitted by your organization for 06/91 is $58,936.29 and the balance we have on file for 06/91 is $57,159.90. Please explain the differences in these balances. If you need to resubmit expense calculations for 07/91 through 05/93, please complete the enclosed worksheets. RE: PREMISES PERMIT APPLICATION 00125 -002 VFW Post 906 The resolution of approval from the city of Hutchinson was dated more than &ft days frotrt the "date we- received your premises permit application on July 6 1993 r_.resolution date = 12/22/92). Submit a resolution of approval from the unit of government o yor our organization to conduct gambling at the above listed premises. A certified copy of the council meeting minutes is acceptable. The resolution must be dated within 60 days of the date we received your premises permit application. Please return the requested information along with a copy of this letter to this office within 15 days of the date of this letter. � Gambling Control Board Licensing Section amjftno12 /3l/92 L An equal opportunity employer 0 9 C July 27, 1993 M E M O R A N D U M TO GARY PLOTZ, CITY ADMINISTRATOR AND BARRY ANDERSON, CITY ATTORNEY FROM HAZEL SITZ, PERSONNEL COORDI TOR RE DRUG POLICY - AGENDA ITEM 9 -g. L Attorney Shannon McCambridge drafted the drug and alcohol testing policy in June, 1993, when Dept of Transportation requirements for bus drivers were pending. On June 28, we received information from MN Office of Motor Carrier Services that Minnesota's new controlled substance testing law affecting commercial vehicle drivers (including our bus drivers) takes effect on August 1, 1993. Today, July 27, I attended a training session concerning the new law. A asked about including drivers in the policy the council is planning on adopting. The trainers advised that driver testing for controlled substances comes under different regulations than those used for our city drug testing policy and that the two regulations would probably be in conflict. Drivers are exempted from the State drug testing regulations, per amended M.S. 221.0313 (MN Drug and Alcohol testing in the workplace). It was recommepded. that city attorneys review U.S. DOT Drug Testing Reg(4 , CFR Part 40 and FHA Drug Testing Regsr49'CFR Part 391 Subpart H before adopting any policy for drivers. We were provided a sample testing policy for drivers as well. If a city drug testing policy is adopted tonight, bus drivers should probably by exempted from it. Or the matter could be deferred until Shannon McCambridge has had an opportunity to study the recent changes. City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 �— C-, C uutr c. , i» M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM GARY PLOTZ, CITY ADMINISTRATOR RE DRUG AND ALCOHOL TESTING POLICY A City Drug and Alcohol testing policy has been developed by Attorney Shannon McCambridge of the Larkin Hoffman Law Firm. City directors have reviewed the policy and recommend its adoption. • City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on mcgded paper - ? k Police Department 10 Franklin Street South (612) 587 -2242 JAMES P. LARKIN LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ROEERT L. NORFMY! PAUL B. RLLINKETT JACK F, DALY ATTORNEYS AT LAW ALAN L. KKDOW D. KENNETH LNOGREN "3HLFEN M. NEWMAN H GERALD FMEDELL MICHAEL B. COMMON ALLAN E. MULLIGAN GREGORY E. KORSTAD JAMES C. ERICK60N GARY A. VAR CLFVE` EOWMEI J. DRMCOLL 1600 NORWEST FINANCIAL CENTER DANIEL 1. 60WLE5 TOM M. VLATKOwcH LONE N. FULLER TIMOTHY J. MCRIMU6 AD. D. cuuMER 7900 XERXES AVENUE SOUTH TMaTHr J. BEANE ROBERT E. MILE FRANK 1. HMVFY BLOOMINGTON, MINNESOTA 66431 -1 1 94 AWJ M. ANDERSON CHARLES 6, MODELL DONNA L. ROBACK CHRISTOPHER J. dETZEN TELEPHONE 1612) 836 -3800 MICMAFL W. 6CXLFY JOHN R. MATTE MICHAEL A ROBERTSON LINDA H. FncHER FAX 18121 896 -3333 USA A, GRAY THOMAS R STOLTMAN GARY A. REEY MICHAEL L JACKMµ 6HNMON K. McCAMMICGE JOHN E. DIEHL CH1116TOMFR J. MMRISTNAL JON 5. SW IEMEW6KI WILLIAM C. GRIFFITH. JR. THOMAS J. FLYNN JOHN J. STEFfENHAGEN JAMES P. OUMN DANIEL W W55 TODD I. FREEMAN MARK A. RURIK METER K. BECK JOHN R. "'LLMEAN JEPOME H. KAHNKE JAMES K. M"Y. GERALD L. RICK THOMAS ,. SfYMOUP JOHN B. LUNDQUIST MICHAEL ) WITH DAYLE NOLNI CILIBEPTO` FPEDMICK [. NgUSFR 111 THOMAS 8. NUM MPEY, Jq. MARY E VO$ JOHN A. CO"TER' LMgY p. MARTIN BEATRICE A. ROTHWEILER JANE E. BREMER MAPCY R. KREISMAN MARIEL E. RILOLA OF COUNSEL W ENDEC R. ANOE.SCH J'MFH'ITS June 24, 1993 'ALSO ADMITTED IN WISCONSIN Ms. Hazel Sitz Personnel Coordinator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 -2439 RE: Drug and Alcohol Testing Policy - Draft Dear Hazel: Enclosed please find a draft of the City of Hutchinson's Drug and Alcohol Testing Policy. Please be advised that the Policy does not include federal or state Department of Transportation requirements. As you know, the Department of Transportation regulations regarding drug and alcohol testing have been revised and are not yet available for review. Please review the enclosed draft Policy and call me with any questions, comments or changes. At some point, we should discuss the Policy, its implementation, and implementation of a Drug -Free Workplace Program under the Drug -Free Workplace Act of 1988. It was a pleasure to work with you on completing the Drug and Alcohol Testing Policy and I look forward to hearing from you soon. Sincerely, \&U-4f) M Shannon K. McCambridge, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Enclosure CC: Dayle Nolan, Esq. SKM:MF3s q - I 0 15 u RESOLUTION NO. 10012 A. INTRODUCTION The following Drug and Alcohol Policy has been adopted by the City of Hutchinson (the City) and is effective as of , ?„ly 21 1993. Nothing contained in the Policy is intended to constitute a contract. It is intended only as a guide for City Employees with regard to the City's Drug and Alcohol Policy. This Policy, in whole or in part, is subject to change, revocation, modification, or amendment at any time in the City's sole discretion with or without prior notice. The City also reserves the right to interpret its Drug and Alcohol Policy set forth herein at any time and in any manner it deems appropriate so long as such interpretation does not violate local, state, or federal law. Copies of this Policy shall be distributed to all Employees and applicants for employment. Notice that this Policy has been adopted will be placed in conspicuous locations at all City facilities. This Policy will also be available for review during regular business hours in the City's personnel office. If you have any questions regarding this Policy, please contact Hazel Sitz, the Personnel Coordinator. B. POLICY STATEMENT An Employee's involvement with drugs and /or alcohol can jeopardize the safety of others, jeopardize an Employee's well- being, adversely affect job performance, and undermine the City's professional stature. Therefore, the City's goal is to establish and maintain a healthy and efficient work force free from the effects of drugs and alcohol abuse in compliance with the Drug Free Workplace Act of 1988. Accordingly, the City's Employees may not manufacture, use, possess, sell, transfer or dispense, distribute drugs or alcohol while working or while on the City's premises or property or while using or operating vehicles, equipment, or machinery owned by the City. Further, Employees are prohibited from being at work under the influence of drugs or alcohol, including drugs prescribed by a doctor, when the Employee's alertness, coordination, reaction, response, or the safety of the Employee or others is adversely affected by such drug or alcohol use. Employees who are properly using prescribed medication that adversely affects their alertness, coordination, reaction, response, or the safety of the Employee or others will be excused from work and not subject to discipline or discharge. Employees are also prohibited from using illegal drugs while employed by the City. Violations of this policy will result in such disciplinary action as the City deems appropriate and may include immediate termination. The sale of alcohol as part of an Employee's job duties is an exception to this Policy Statement. Employees are required to notify the City if they are convicted of a criminal drug offense occurring in the workplace within five (5) days after the conviction. (This requirement is mandated by the Drug -Free Workplace Act of 1988). Employees who are convicted of a criminal drug offense will be subject to appropriate disciplinary sanctions and /or required to successfully complete an appropriate rehabilitation program at their own expense unless provided to the Employee by his /her insurance coverage. This Policy Statement applies to all Employees and job applicants. All Employees and job applicants are required to abide by the terms of this Policy Statement and assist in the City's good faith effort to maintain a drug -free workplace. All City Employees will be subject to Reasonable Suspicion and Treatment Program Testing. Employees working in the following capacities may also be subject to testing as applicants, as part of a Routine Physical Examination, and on a Random basis: lifeguards, police officers, firefighters, transit workers (i.e., drivers, dispatchers, mechanics, motor pool supervisor), water & waste water treatment plant workers, and heavy equipment operators. The testing procedures utilized by the City will detect the presence of illegal drugs even if the individual is not then under the influence of the substance. The tests utilized for alcohol use will indicate the presence of alcohol if the individual is then under the influence of alcohol or if the individual has recently consumed alcohol. C. DRUG -FREE AWARENESS PROGRAM To assist Employees in understanding the perils of drug and alcohol abuse, the City has established a Drug -Free Awareness Program. The City will use this Program as an ongoing educational effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The Program will inform Employees of the dangers of drug and alcohol abuse in the workplace, explain the City's Drug and Alcohol Policy and the sanctions imposed for its violation, and highlight any treatment, counseling and rehabilitation referral services that may be available to Employees. D. DEFINITIONS 1.) City Premises - Means all property, premises, and locations in which City business is being operated. 2.) Confirmatory Re -Test - The optional third test which may be performed at the request and expense of an Employee or job applicant as a means of increasing the accuracy of the testing procedure. The Confirmatory Re -Test will be performed on the original sample. 2. • 0 3.) Confirmatory Test - The second test that will be given • to confirm the results of an Initial Screening Test. The Confirmatory Test will be performed on the same sample as used in the Initial Screening Test. 4.) Drugs - Means prescribed and illegal drugs. It includes controlled substances in Schedules I -V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 C.F.R. 1308.11- 1308.15 and Minn. Stat. § 152.01, subd. 4. 5.) Conviction - Means a finding of guilty (including a plea of "nolo contendere ") or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. 6.) Employee - Any person employed by the City, including full -time, part -time, temporary or seasonal Employees, and volunteer firefighters. 7.) Initial Screening Test - The first test given to an Employee or job applicant upon the occurrence of any of the circumstances set forth in Section E. 8.) Personal Injury - Means injury arising out of and in the course of employment pursuant to Minn. Stat. § 176.011, subd. 16. 9.) Positive Test Result - A Positive Test means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels established by the testing laboratory. A Positive Test Result for alcohol use shall indicate the use of alcohol in such a manner so as to result in intoxication during working hours or to otherwise affect job performance. 10.) Reasonable Suspicion - Means a basis for forming a belief based upon specific fact(s) and a rational inference drawn from those facts. 11.) Safety Sensitive Position - Means a position, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. Safety Sensitive Positions include: lifeguards, police officers, volunteer firefighters, transit workers (i.e., drivers, dispatchers, mechanics, motor pool supervisor, water and waste water treatment plant workers, and heavy equipment operators. All other Employees are subject to Reasonable Suspicion and Treatment Program Testing. 12.) Tested Positions - All City Employees will be subject • to Reasonable Suspicion and Treatment Program Testing. City Employees working in the following capacities may also be subject to drug and alcohol testing as applicants, as part of a Routine M Physical Examination, and on a Random basis: lifeguards, police officers, volunteer firefighters, transit workers (i.e., drivers, dispatchers, mechanics, motor pool supervisor) , water and wastewater treatment plant workers, and heavy equipment operators. 13.) Under the Influence - When an Employee's alcohol or drug use is such that it likely affects that Employee's alertness, coordination, reaction, response, or the safety of the Employee or others. E. GROUNDS FOR TESTING The City has established the following grounds for testing: 1.) Job Applicants. Job applicants seeking employment in Safety Sensitive Positions shall be required to undergo testing for the presence of drugs and /or alcohol after they have received an offer of conditional employment. Notice of pre - employment drug and alcohol testing will be provided to an applicant who is conditionally offered employment. Employment offers may be made contingent upon taking the required drug and alcohol tests and withdrawn in the event that the test is refused or if the Initial Screening Test produces a Positive Result and is affirmed by a Confirmatory Test indicating drug or alcohol use provided, however, that the job applicant has been offered and refused a Confirmatory Re -Test. If the employment offer is withdrawn following testing, the applicant will be informed of the reason(s) for the withdrawal. 2.) Routine Physical Examination Testing. Employees in Safety Sensitive Positions may be required to undergo testing for the presence of drugs and /or alcohol during part of a Routine Physical Examination. Such an Examination will not take place more than once a year. Employees will be given two weeks' written notice when they are going to be required to take a drug and alcohol test during a Routine Physical Examination. 3.) Random Testing. Employees in Safety Sensitive Positions may be tested on a Random selection basis for the presence of drugs and /or alcohol. Such Employees will not be selected discriminately, but at Random. Safety Sensitive Positions include: lifeguards, police officers, volunteer firefighters, transit workers (i.e., drivers, dispatchers, mechanics, motor pool supervisor), water and wastewater treatment plant workers, and heavy equipment operators. Under the Random selection process, there is an equal probability that any Employee in a Safety Sensitive Position subject to the selection mechanism will be selected for testing. Further, the City does not have discretion to waive the selection of any Employee chosen on a Random selection basis. 4.) Reasonable Suspicion Testing. The City may require any of its Employees to undergo drug and alcohol testing, without 4. prior notice, if the City has "Reasonable Suspicion" to believe that the Employee: a. Is under the influence of drugs or alcohol; or b. Has violated the City's rules prohibiting the manufacture, use, possession, sale, transfer, or distribution of drugs or alcohol while the Employee is working or while the Employee is on the City's Premises or operating a City vehicle, machinery, or other equipment; or C. Has sustained a Personal Injury or has caused another Employee to sustain a Personal Injury; or d. Has caused a work - related accident or was operating or helping to operate vehicles, machinery, or equipment involved in a work - related accident. 5.) Treatment Program Testing. The City may test all Employees referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2) years following completion of any prescribed chemical dependency treatment or evaluation program. 0 F. RIGHT OF REFUSAL AND THE CONSEQUENCES OF SUCH REFUSAL Applicants for employment and Employees of the City have the right to refuse testing for drugs and alcohol. The consequences of an applicant's refusal to undergo testing is that the conditional offer of employment may be withdrawn and the job applicant may be prohibited from reapplying for the subject position for a period of six (6) months from the date of his /her refusal. Existing Employees who refuse testing for drugs and alcohol may be disciplined for such refusal up to and including immediate discharge. G. CONSEQUENCES OF POSITIVE TEST RESULTS 1.) The City will not discharge, discipline, discriminate against or require rehabilitation of an Employee solely on the basis of a positive Initial Screening Test. However, the City may temporarily suspend a tested Employee whose tests results are positive or transfer the Employee to another position at the same rate of pay pending the outcome of a Confirmatory Test, (and, if requested, the Confirmatory Re -Test) if the City believes it is necessary to protect the health or safety of the Employee, Co- Employees or the public. An Employee who is suspended without pay will be reinstated with back pay if the outcome of the Confirmatory Test or any requested Confirmatory Re -Test is . negative. Requests for such a Re -Test must be made in writing within five (5) days of the Employees receipt of notice of the test results. 5. 2.) The City will not withdraw a conditional offer of employment on the basis of a Positive Test Result on a job applicant's Initial Screening Test. An Initial Screening Test must be verified by a Confirmatory Test (and a Confirmatory Re- Test, if requested) before a conditional offer of employment can be withdrawn. 3.) Discipline for a Confirmatory Test verifying a Positive Test Result on an Initial Screening Test may include immediate discharge of an Employee; provided, however, that prior to discharge, the Employee is given the opportunity to explain a Positive Test Result and request and pay for a Confirmatory Re -Test on the original sample. If the Confirmatory Re -Test is negative, no action will be taken against the Employee. If the Confirmatory Re -Test is positive, and if it was the first Positive Test Result for the Employee, the Employee will not be terminated if he /she elects to participate, at his /her own expense in a drug or alcohol treatment or rehabilitation program, whichever is appropriate. If the Employee does not request a Confirmatory Re -Test, the Employee will not be terminated if he /she elects to participate, at his /her own expense, in a drug or alcohol program, whichever is appropriate. An Employee who either refuses to participate in the treatment or rehabilitation program or who fails to successfully complete the treatment or rehabilitation program (as evidenced by withdrawal from the program before its completion or by a Positive Test Result on a Confirmatory Test after completion of the program), may be subsequently discharged. 4.) This Policy does not prohibit the City from taking other forms of disciplinary action (short of discharge) against an Employee following the first positive Confirmatory Test. 5.) This Policy does not limit the City's right to discipline or discharge an Employee on grounds other than a Positive Test Result. For example, possession but not consumption of an illegal drug at work, the sale of drugs on City Premises, being under the influence of drugs or alcohol at work in violation of this Policy, etc. 6.) Any City Employee may be subject to discipline up to and including termination for violation of this Policy or any rules adopted by the City with respect to the manufacture, use, sale, or transfer of drugs and alcohol. 7.) The City will not take any adverse personnel action on the basis of medical history information that may be provided pursuant to this Policy. 8.) Any Employee who has been referred by the City for chemical dependency treatment or evaluation who tests positive in Treatment Program Testing may be terminated upon a positive result of a Confirmatory Re -Test. 0 W H. TESTING PROCEDURES All testing will be performed by a licensed laboratory that certifies its compliance with the requirements of Minn. Stat. § 161.96 et sea. When the City decides to test for drug or alcohol use on any of the grounds enumerated in Section E above, the following procedures will apply: 1.) Initial Screening Test. Before the Initial Screening Test, all Employees and job applicants will be informed of the City's testing policy and provided with a Drug and Alcohol Policy Acknowledgement Form. Employees and applicants will have the option to indicate on the Acknowledgement Form any over -the- counter or prescription medication they have recently taken and include any other information relevant to the reliability of, or explanation for, a Positive Test Result. Medical information revealed in the Acknowledgement Form, if any, will not be used as the basis for any adverse personnel action. The testing laboratory will perform a Confirmatory Test on all samples that produce a Positive Test Result on the Initial Screening Test. If the Initial Screening Test produces a negative result, written notice of such result will be given to the individual who took the test within three (3) working days after the City receives the test result report. The Employee or applicant will also be notified that they have the right to . request and receive a copy of the test report. 2.) Confirmatory Test. If the Initial Screening Test produces a Positive Test Result, a second test (known as the Confirmatory Test) will be conducted by the City. If the Confirmatory Test proves negative, the City will send written notice of this fact to the Employee or job applicant within three (3) working days after receiving the result. If the Confirmatory Test produces a Positive Test Result, the City will take the following four steps: a. The City will send written notice of the Positive Test Result within three (3) working days after receiving it to the Employee or job applicant. b. The Employee or job applicant will be informed of his /her right to receive a copy of the test result. C. The Employee or job applicant will be told of his /her right to explain the positive result. d. The Employee or job applicant will be informed that he /she has a right to request a Confirmatory Re -Test of the original sample at the Employee's or job applicant's expense. The Employee or job applicant has five (5) working days in which to notify the City of this request in writing. 7. 3.) Confirmatory Re- Tests. If an Employee or job applicant chooses to request a Confirmatory Re -Test, the Employee or job applicant has five (5) working days within which to notify the City of this request in writing. Within three (3) days of the receipt of such request, the City will notify the original testing laboratory that it is to conduct a Confirmatory Re -Test or transfer the sample to another laboratory for re- testing. The Confirmatory Re -Test will use the same alcohol and drug threshold detection levels as used in the Confirmatory Test. If the Confirmatory Re -Test does not confirm the original Positive Test Result, no adverse personnel action will be taken by the City. If the Confirmatory Re -Test is positive, the City may withdraw its conditional offer of employment to a job applicant or terminate an Employee if such Employee chooses not to participate in a chemical dependency treatment or evaluation program. I. APPEALS PROCEDURE Except as otherwise noted, an Employee or job applicant has no additional right of appeal within the City. J. PERSONNEL RECORDS Employees may request to see all information regarding their test results and any discipline inflicted based upon those results. K. EFFECT . Nothing set forth in this Policy is intended to violate any local, state or federal law. Should any part of this Policy be in violation of local, state or federal law, the offending provision shall be deleted and the remaining parts of the Policy shall be in full force and effect. Adopted by the Hutchinson City Council this 27th day of July, 1993. Paul L, Ackland, Mayor ATTEST: Gary D. Plotz, City Administrator 0 SKM:MF7s 8. Ll RESOLUTION NO. 10013 A RESOLUTION INCLUDING VOLUNTEER FIREMEN IN THE DRUG TESTING POLICY THE CITY OF HUTCHINSON RESOLVES: That all volunteer firemen are hereby included in the City Personnel Policy as it relates to drug testing, effective July 27, 1993. Adopted by the City Council this 27th day of July, 1993. ATTEST: Gary D. Plotz, City Administrator Paul L. Ackland, Mayor I:?— � N • J C July 27, 1993 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: FUNDING OF CHIPPER Our 1993 budget did not contain funds for purchase of a chipper. A request has been made to use funds which had been reimbursed for disaster reimbursement in 1992 (FEMA) The City received in 1992 $22,668 for reimbursement of equipment and manpower. Only chain saws at a cost of $1,570 were purchased in December with these funds. We are also to received 15'% ($4,500) funding from the State of Minnesota which has yet to be received . Our regular budget contained the funding for the normal city day to day operations. Only unexpected overtime and extra equipment fuel costs would have been outside of the adopted budget for 1992. Excess funds received from FEMA were then rolled in to the fund balance at the end of 1992. The park department is requesting these funds for the purchase of a new chipper. The expenditure, if council approved, would come from fund balance. Our expenditures for 1993 would exceed revenues by the agreed to amount. Cihj Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 a C TO: Gary Plotz, Ken Merrill, Dolf Moon, John Rodeberg, Don Erickson, Craig Lenz, John Mlinar, Marlin Torgerson and Paul Ackland FROM: Mark Schnobrich, City Forester DATE: July 15, 1993 RE: Brush Chipper Demonstration You are invited to attend a brush chipper demonstration on Tuesday, July 20, 1993 at 2 p.m. at the Compost, Tree Site on Highway 22 South. Three types of brush chippers will be demonstrated. A Morbark, Brush Bandit, and Vermeer Chipper will all be present. At that time, I would like to show you the differences in safety, efficiency and usability between the new chippers and our currently owned Wayne Chipper. These demonstrations are all pending upon the ability of the representatives of each chipper bringing their particular chipper as prearranged. The chippers constitute a major investment in the area of $20,000 (we have not received or solicited for bids to date). The continual demand for chipping of brush instead of burning will in the future require us to expand or present chipping duties. Doug Meier, myself and Larry Karg felt that your presence at the demonstration would help clarify any questions you may have in respect to this possible investment. Hope to see you there. City Hall Parks &Recreation meat 37 Washington Aremre tt'est 900 Harrington Street i tt South (612) 557 -5151 (612) 557 -2975 22 42 Htitchinson, 14 finnesott155350 9 0 0 cL Ca- July 16, 1993 Mr. John Rorngiebel Rorngiebel Architects 45 Washington Avenue E. Hutchinson, MN 55350 Mr. E. J. Pinske E. J. Pinske Builders Gaylord, MN 55334 Mr. Elmer Forcier & Mr. Marty Rnigge Marty's Roofing 674 Harrington Street Hutchinson, MN 55350 RE: Hutchinson Recreation Center Roof Repair — 900 Harrington St. Hutchinson, MN Dear Sirs: As we all are aware, the City of Hutchinson has been experiencing roof leakage problems on both the flat E.P.D.M. roof and the pitched steel roof at the Hutchinson Recreation Center since original construction in 1985. Much discussion, many phone calls, a few meetings, and a few patch jobs has not corrected the problems, nor executed the required warranty on the flat roof. The Hutchinson City Directors and Department Heads discussed this matter on July 13, 1993 and unamimously agree that this matter be placed on the July 27, 1993s City Council agenda for consideration to replace the flat roof entirely. (See attached proposals.) Via this letter we are requesting your attendance at the July 27, 1993, meeting. The proposal we place in front of you and the City Council is that each of us contribute 25 percent towards the replacement cost, including a 20 -year warranty. As part of this proposed settlement, the City Directors are recommending to the City Council that any party not responding in a professional and responsible manner, not be considered as "qualified bidders" for future projects. City Hall Parks & Recreation Pr , t 37 Washington Avenue West 900 Harrington Street 10 Fi % _ �f,., uth (612) 587 -5151 (611) 587 -2975 Q Hutchinson, Minnesota 55350 Page 2 July 16, 1993 Hutchinson Recreation Roof Repair Thank you for your consideration and your attendance. The City Council meeting is July 27, 1993, at 7:30 P.M. in the Council Chambers at 37 Washington Avenue West, Hutchinson, MN. Best regards, CITY OF HUTCHINSON le.'G. Marks y on Gary P otz Building Official Park & AecFeation Director City Administrator fod"eber i "7/44' 8 Ken Merr if for of E gineering Finance Director 0 0 Ll (1) Edward J. 'Pete' Pinske Ian L. Sing July 21, 1993 E. J. PINSKE BUILDERS, INC City of Hutchinson 37 Washington AVenue West Hutchinson, Minnesota 55350 115 Main Avenue ♦ P.O. Box 296 GAYLORD, MINNESOTA 55334 TEL.: (612) 237 -2177 ♦ FAX (612) 237 -5280 Re: Hutchinson Recreation Center Roof Repair - 900 Harrington Street Att: James G. Marks JUL i593 REcEIVF w This is in response to your letter of July 16, 1993. 1 plan to attend the City Council meeting on July 27, 1993 at 7:30 P.M.. I was not aware of your continued roof problems until I received you letter dated April 16, 1993. I recall an original leak,in a seam that was difficult to locate because the water traveled such a distance in the steel deck before it leaked in, that was repaired at the time. Some time later repairs were made in an area where a city employee had punctured the roof with a shovel. I informed people at the site, at that time, that if they had problems they should notify us and we would see to it that they were fixed., I was never informed of any leaks. After receiving your April 6th letter I contacted Elmer Forcier and he stated that he had recently repaired the roof and it was not leaking. He also stated that no one had contacted him about the problem for the many years inbetween so how could he go to fix it. I also contacted Firestone about the roof warranty. The person I talked to found the job on their computer and said the roof had been inspected twice during install- ation with no bad remarks. A warranty had not been issued at that time and to issue one now would be of lttle value. A mention was made in your letter of the pitched steel roof leaking, if this has been a problem and still is I would like to discuss possible remedies with with you. Sincerely, Edward J. Pinske EJP /ap CC/ John Korngiebel Marty Knigge C. • 0 July 22, 1993 TO: MAYOR do CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: 1992 AUDIT REVIEW Dick Siewert, Partner, Charles Bailly Co. will be attending the meeting to review our 1992 Financial Statements. Enclosed is the audit report for 1992 and management letter for your review. Any questions, concerns, or areas not understood will be answered at the meeting. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - PrintR -don recycled paper- Police Department 10 Franklin Street South (612) 587 -2242 9 --b C July 22, 1993 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: 1993 IMPROVEMENT BONDS & G.O. WATER REVENUE BONDS With the completion of the hearing tonight on project 93 -21 we will have in place all 1993 projects for our 1993 general obligation improvement bond issue. In addition we are intending to sell general obligation water revenue bonds for construction costs only for the new water tower. • Steve Apfelbacher, from Ehlers and Associates, will be in attendance for the calling of bids for these two issues. Steve, will have resolutions to be approved for these two bond issues and discuss the structuring of the bonds. l City Hall Parks &Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - P,w red on re<gded jaj,er - Police Department 10 Franklin Street South (612) 587 -2242 (?�L> �1 U RESOLUTION NO. 10015 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Polymer 40 bags 6,080 (Wastewater Treatment WWTP Yes Nalco Chemical 5/8" Water meters 102 7,548 Replacement Water i Yes (Water Pro I aThe following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Date Approved: Resolution submitted for Council action • Motion made by: by: Seconded by: 91- M C • • DATE: July 16, 1993 M E M O R A N D U M TO: The Mayor li City Council FROM: James G. Marks, Building Official &, RE: Pending Municipal Sanitary Sewer Connections With all of the annexations, improvement projects, adoption of the Shoreland Ordinance, etc., I felt now would be a good time to update the Council on pending municipal sanitary sewer connections, and verify that our procedural approach is aggressive enough. Please take special note that all on -site systems are logged into our P.I.D. system informing future owners and mortagers, and the May 1, 1994 Shoreland Ordinance hookup deadline. Your directive and ideas on this matter is appreciated) JGM /mms cc: Marilyn Swanson - For Council Agenda - July 27, 1993 All Directors City Hall 37 lVashington Avenue ilVest (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Prieted on wcudol JMPtr ent South C DATE: November 22, 1991 i - M 9 M 0 TO: Mayor &.City Council FROM: James G. Marks, CU () RE: Consideration of Sewer/Water Hookup Procedure r �c7 x In response to the Ludtke Lane and Delaware Street sever /Water projects and the proposed adoption of the "Shoreland Ordinance', I have attempted to draft a "Sewer/Water Hookup Procedure'. (Attached.) The Municipal Code does require City Council variance approval on all City septic systems. It is my intention to 'notify all parties presently not hooked up to the City sever main and if accessible. encourage sewer connection. It would be beneficial if I could have a memo from administrator Gary Plots to attach with my letter stating the City Council's direction oa this utter. JGM/e oo: Randy Dowries, Director V/WHTP Operations John Rodeberg, Director of Engineering 0. Barry Anderson, City Attorney Gary Plots, City Administrator City Hall 37 Washington Avenue West (6I2) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587.2975 Hutchinson, Minnesota 55350 -- i Police Deyarhnent 10 Franklin Street South (612) 587.2242 SEWEVVITn'3000P PWOCOM Reference Hutchinson Municipal Code Seotlon 3.20 SM. S. Private Yells pate Sa states: Private Water Sapplies. No water pipe of the City water system shall be connected with any pump, well, pipe, tank or any device that iS connected with any other source of water supply and when such are found, the City shall notify the owner or occupant to disconnect the same and, if not immediately done, the City water shall be turned off. Before any new connections to the City system are permitted, the City shall ascertain that no cross - connections will exist when the new connection is made. When a building is connnectodd to •City Water' the private water supply may be used only for such purposes as the City may allow. Intent: Typically only the outside faucets remain on the well. Abandonment - See Department of Health regulations. Section 3.30 Subd. b -S. Sewer users served by private wells, page 71 states: S Sewar Users Served bl Private Wells. If any person discharging wastewater into the public sanitary sewers procures any part or all of his water from sources other than the water utility, all or part of which is discharged into the sanitary sewers, the property shall have water meters installed �Z the City at the property owner's OXPen3e for the purpose of determining the volume of water obtained from these sources. Where sever meters are already installed, new water meters will Dot be required. The water meters shall be furnished by the City and Installed under its super- vision, all costs being at the expense of the person requiring the meter. The City will charge for each meter a rental charge set by the City to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed. Intent: Drilling of sewer, water and refuse is based from the water usage. Section 3.30 Sabo. {-[. Sewer Construction and Connections page T6 states: All property owners with septic systems, holding tanks, mound systems, or other on -site stems shall be required to boom: to tM saDi�ts: sewer system unless w-anted a variance bs the Council. Intent: All building owners are strongly encouraged to be connected to the sanitary sewer main. Exoeptions such as inaccessibility, and recertified septic systems by a licensed installer say be granted a variance by the City Council without a public bearing, until failure is apparent or suspected. Historically, City staff has discovered septic drain fields connected to field tile, Systems constructed on properties other than the users, systems discharging directly into public waters. These scenario type circumstances are required to connect to the public sanitary sewer main. The City Council shall at their discretion assess all infrastructure ants created by the necessary improveaents to the benefiting homeowners. Easements necessary for access must be obtained by the benefiting Property owners or City with all costs and expenses being levied to the assessments of the benefiting properties. Building, plumbing and excavation permits must be obtained by the owner /contractor for installation of services between the curb stop and in some eases the main. The owner / contracter shall pay all permit fees including the cost of the water meter, hookup charges and deferred assessments. Application of permits engages the billing procedure and authorization for water meter Isauanos. i Go f 3.30 E. Building Sewer Grade. Whenever possible, the • building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. F. Storm and Groundwater Drains. It is unlawful for any person to make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer. All existing downspouts or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within sixty (60) days of the date of an official written notice from the Council. G. Conformance to Codes. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the State Building Code, or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gas -tight and water- tight. Any deviation from the prescribed procedures and materials must be approved by the Council before installation. H. Inspection Connection. The person making a 010 connection to a public sewer shall notify the Council when the building sewer is ready for inspection and connection with the public sewer. The connection shall be inspected and approved by the Council. I. Sewer Connection Fees. The Council shall have the authority to establish and enforce sewer connection fees as deemed appropriate by the Council. J. Barricades; Restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a scanner satisfactory to the Council.. R. All property owners with septic systems, holding tanks, mound systems, or other on -site systems shall be required to hookup to the sanitary sewer system unless granted a variance by the Council. rty owner shall be responsible for the sewer line from the building to the main sewer line. Subd. 9. Violations and Penalties. • A. Public Nuisance. The violation of any provision of Subdivisions 1 through 1, inclusive, or Subdivision 5, Subparagraph G, or Subdivision 7, hereof, shall constitute a public nuisance as that term is defined in the City Code. 76 (7 -1 -89) ) t i i 1 A� b� rJ • 4715.0300 GENERAL RgGM ATIOWE OF PEAMBIM6 WOBEMAi/BHIp, Subpart 1. Grades of horizontal piping. See parts 4715.2400 and 4715.2310, subpart 2. Subp. 2. Changes of direction. See part 4715.2410. Subp. 3. Prohibited fittings. See part 4715.2420. Subp. 4. Protection of material. All pipes passing under or through walls shall be protected from breakage. All pipes passing through or in contact with cinder, concrete, or other corrosive material shall be protected against external corrosion by protective coating, wrapping, or other means that will resist such corrosion. Subp. 5. Workmanship. Workmanship shall be of such character as to secure fully the results sought to be obtained In all sections of the code. Subp. 6. Exclusion of materials detrimental to drainage System. See parts 4715.1600 and 4715.1610. SLAT AMR: NS a 326.37 to 326.45 4715.0310 USE OF PUBLIC SEWER AND WATER S! , a public sewer is acces a to a street or alley to a building or premises and the connection is feasible, liquid wastes from any plumbing system :n that building must be discharged into the public sewer unless otherwise prohibited by this code or a local ordinance. distribution system must be connected to it unless Lne permitted by the administrative authority. A water well taken out of service because a person is connecting to a public water supply s orsealed and iabandoned int accordance awith the hMionesotaaWater Well Construction Code. (Minnesota Rules, chapter 4725) If either a public sever or water supply system or both are not available, an individual water supply or sewage disposal system, or both, conforming to the published standards of the administrative authority aust be provided. Every building must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises, and connected to a public or private sewer. These manholes must conform to the standards set by the local sewer authority. SPAT AU"-' NS s 166.611 326.37 to 326.45 HISP: 9 SR 1557; 15 SR 76 4715.0320 CONPpRNANCE WITH C00g, Subpart 1. Scope. As provided in Minnesota Statutes, section 326.37, the Minnesota Plumbing Code applies to all new Plumbing installations, including additions, extensions, alterations, and replacements connected to a water or sewage disposal system owned or operated by or for a municipality, 21 1 Ll • 10 • r M E M O R A■ D O M DATE: July 79 1993 TO: Joleen Runke FROM Jim Marls Q el RE: Request to Enter into P.I.D. System - Fending Municipal Sanitary Sewer Connections . The following list represents what is believed to be the status of the remaining on site septic systems within Hutchinson's city limits. Please enter and /or make reference to on the P.I.D. system, to notify future mortgagers, future owners, etc. • JOM /mms oc: Randy Devries - verity e Zen Merrill D. Olson M. Hansen J. RodeDerg - See Arch St. City Hall Parks b Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612)587-2242 Hutchbison, Afillilesota 55350 SYSTEMS MW THE 8MQMISON CITY LDM USING ON SITE SEPTIC SYSTEMS • Datlof Weseloh - 1109 Lewis - 587 -6318 I called on 6 -25 -1993 - Ms. Weseloh is scheduling connection with Juul Contracting. This property falls within the Shoreland Ordinance regulation boundry and must be connected by May 1, 1994 Vineyard Methodist Church - 1395 So. Grade Road School Road improvement project or access via Middle School sanitary main is being engineered. 4 -Way Company - Wangerin - 332 Hwy 7 East Sanitary service not available Modern Mazda - 585 Hwy. 7 W Sanitary service not available *Brad Rasmussen - 26 North High Drive - 587 -9727 Needs to be verified - Owner is not sure - Do dye test (Randy please verify) Tim Raczmarek - 36 North High Drive - 587 -6542 On 6 -25 -1993 Ms. Raczmarek stated they're still on a septic system. Brent Schmeling - 1207 Oakwood Lane - 587 -7411 . Mr. Schmeling called on 6 -28 -93 - They're still using their on site septic system. *Dan Holy - 1216 Oakwood Lane - 587 -7073 Ms. Holy called on Monday, 6 -28 -93 confirming they're still on septic. Jeff's Auto - 306 Hwy. 7 East - Owner Muriel Felska Mr. Felska is presently working with City Engineer Rodeberg to get booked up. *Ted Liepold - 1230 Boston - Hose on Fairgrounds Sewer and water have been extended into the home without a permit, or Purchase of a water Rotor. Mr. Liepold is the renter. (Randy please verify) Roger Lund - 1014 Rwy. 15 So. - Rome is likely soon to be razed or moved. The 1992 Cashwise plat includes °• this land for future commercial use. *Harvey Homan - 546 School Road So. - 587 -5452 (Randy please verify.) *Ron Hansen - 1325 South Grade Road (Randy please verify.) Deane Dietel - 845 2nd Avenue S.E. . Located within the Shoreland Boundry.- must be connected by May 1, 1994. Norman Wright - 186 3rd Avenue N.Y. Nome does not have a bathroom. In 1992 the City Council chose not to • service this home or the home directly east due to the tax assessor's low valuation - Substandard housing. Martha Beckstrand - 15 Arch Street Located within Shoreland Boundry - must be connected by May 1, 1994 Brenda Bakke - 42 Arch Street Unavailable municipal sanitary service Located within Shoreland Boundry - must be connected by May 1, 1994 Bret Havemeier - 43 Arch Street Unavailable municipal sanitary service Located within Shoreland Boundry - must be connected by May 1, 1994 George Lee - 72 Arch Street Unavailable municipal sanitary service Located within Shoreland Boundry - must be connected by Nay 19 1994 Leonard Miller - 185 Arch Street Unavailable municipal sanitary service Located within Shoreland boundry - must be connected by May 1, 1994 Bradley Olson - 1312 Delaware Street Water & sewer have been stubbed into the home but remain unconnected. Mr. Olson has paid for a water meter. • Located within Shoreland boundry - must be connected by May 1, 1994 Ben Jerabek - 145 Erie Street So. - 587 -8334 Water and sewer are stubbed into the building. This property falls within the Shoreland Ordinance regulations, and must be hooked up by May 1, 1994. Mr. Jerabek is aware of this requirement per our June 25, 1993, phone conversation. aDungarvin - 160 Illinois Street Sanitary Service is in street with an accessible manhole. Site phone is #587 -9444 - Main office phone 1699 -6050 Owner is Tim A Diane Haddon Facilities Director - Jeff Taylor Program Director - Deb Major Coordinator - Barb Located within the Shoreland Boundary - must be connected by May 19 1994 Barb called on June 29, 1993 - they're receiving bids to hookup. Ron Horswell - 1020 Golf Course Road Arnold Albrecht - 428 High Street Located within Shoreland Boundry - must be hooked up by May 1, 1994 R. W. Peterson - This is an old barn being used as a car sales office. No bathroom facilities are provided per Mr. Peterson, 6 -28 -93 M R. Christensen - 326 Rwy. 7 E. Municipal sanitary service is not accessible. • H. H. Lepel - 336 Hwy. 7 E. Municipal sanitary service is not accessible Roland Ebent - 464 Hwy. 7 E. Municipal sanitary service is not accessible - Water is stubbed into the home. Leon Koebrick - 545 Hwy, 7 W. ~Jerome Peterson - 780 Hwy. 7 W. (Randy please verify) Hutch Mfg. A Sales - 840 Hwy. 7 W. This home will likely be razed or moved when the service road goes thru. James Reid - 1480 Hwy. 7 W. Mound system - should be recertifiable Richard Krueger - 935 Luedtke Lane See letter on file. Sanitary service is available. Robert Williams - 945 Luedtke Lane See letter on file. Sanitary service is available. • *Darrell Haugen - 5 Northwoods Ave. 587 -6204 (Randy please verify) All Season Landscape 6 Design, Inc. - 1020 Hwy. 7 W. Mr. Wadsworth is purchasing this property. This property is within the Shoreland Boundry and must be connected by May 1, 1994. Sanitary service 13 available. Hutch Landscape - Florian Thode - 327 HWY. 7 E. This on site system has failed numerous times. Mr. Thode is working with Connie Mangan to obtain a grant. See correspondence. Sanitary service is available. Lorraine Wright - 196 3rd Ave. N.V. Valuation of home is $11100.00 per assessor. Home is substandard. Home does not have a bathroom. Csnex - 201 Lind Street Formerly Dostal /Olson building located within the Sboreland Boundry - required to be booked up or vacated by May it 1994. Roger Stearns - 720 Roney Tree Road Sanitary service unavailable - annexed in 1993 3 • Maryview Addition (Lakewood Drive Extention) All the home along the lake are in the Shoreland boundary and Must be hooked up by May 1, 1994? (Comfirm) This includes (4) homes on South Grade Road. 740 Lakewood Drive 770 Lakewood Drive 810 Lakewood Drive 840 Lakewood Drive 880 Lakewood Drive 920 Lakewood Drive 940 Lakewood Drive 960 Lakewood Drive 980 Lakewood Drive 1660 South Grade Road 1670 South Grade Road 1680 South Grade Road 1690 South Grade Road The following (2) are not within the Shoreland Boundry, nor presently serviceable. 1455 South Grade Road 1485 South Grade Road \1 r� LJ 4 • C 0 M E M O R A N D U M July 21, 1993 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Consideration of Approving Subdivision Agreement for Parkside First Addition (formerly Hasse Hills) I believe that this was previously approved by the Council, but can not find it in the records. The plat, previously called Hasse Hills, has changed ownership and has been renamed Parkside First Addition. The development includes Harvest Street, which is just being completed by Roberts Park. The Subdivision Agreement itself is basically generic, and I would recommend approval. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed ort rccude -f ra rcr - Police Department 10 Franklin Street South (612) 587 -2242 q-01 SUBDIVISION AGREEMENT PARKSIDE FIRST ADDITION CITY OF HUTCHINSON, MINNESOTA • THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Twin Port Development Company, a Minnesota Corporation, Fee Owner, hereinafter called the "Subdivider ", and Frank A. Spartz, Mortgagee, a married man, of Hennepin County, State of Minnesota, and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City WITNESSETH: WHEREAS, the Subdivider is the owner and developer of LOTS 1 -9, BLOCK 1 AND LOTS 1 -8, BLOCK 2, PARKSIDE FIRST ADDITION, situated in the County of McLeod, State of Minnesota; WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1, The Subdivider hereby petitions the City to construct sanitary sewer mains and appurtenances, watermains and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sew and appurtenances, curb and gutter, street grading, street base, stree surfacing, and appurtenances to serve the entire plat. 2. It is understood and agreed that the improvements in Paragraph No. I will be installed by the City under one or more contracts. 3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include contracted costs, city administration and engineering costs and capitalized interest cost. 4. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall be assessed on a per lot basis for Lots 1 -9, Block 1 and Lots 1 -8, Block 2, Parkside First Addition (17 Lots Total). 5. It is agreed and understood that all deferred assessments ( SA -081 ) and all active assessments ( SA -281 ) shall be paid in full prior to the issuance of any building permits on the property. 6. It is understood and agreed, that a Parks and Playground Contribution shall be paid to the City, based on City Policy prior to issuance of a Building Permit. 7. It shall be the responsibility of the Subdivider to clear trees and /or debris from utility easements and right -of -way, as per the request of the City or utility prior to installation of the improvements. The right -of -way shal be graded by the Subdivider to within 0.2' of final subgrade and anyw unstable soil conditions in the right -of -way shall be corrected prior to PARKSIDE FIRST ADDITION SUBDIVISION AGREEMENT PAGE 2 the commencement of construction on the site. Any additional work needed to meet this requirement shall be the responsibility of the Subdivider. 8. It is understood and agreed that it shall be the responsibility of the Subdivider to provide topsoil for backfill of the curb and gutter, and provide all turf establishment and erosion control necessary to protect the utilities and street improvements. 9. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 10. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 11. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office and that no Building Permits will be issued until said Agreement is recorded. IN WITNESS THEREOF, Twin Port DevelUment CoiRpany, a Minnesota Corporation, Fee Owner, has hereunto set its hand thijDZ day of • 1993; and said Frank A. Spartz. Mortgagee married mV, of He in County, State of Minnesota, has hereunto set his hand this day of 1993. FEE OWNER: MORTGAGEE: TWIN PORT DEVELOPMENT COMPANY STEVEN PARKS, PRESIDENT FRANK A. SPART STATE OF MINNESOTA The foregoing Instrument acknowledged before me this day of as COUNTY OF ?/y�li�r 1993, by Steven Parks, Pr s ent of Twin Port Development Company, Fee wner, a Minnesota Corporation. __ACS clyt / Notary Public, County, Innesota My Commission DEBRA A. WREN 11(,f NOTARY PUBLIC— MMUOTA R HENNEM COUNTY M.Y Cennzs*n Er:,i Ji,, 21 1996 PARKSIDE FIRST ADDITION SUBDIVISION AGREEMENT PAGE 3 STATE OF MINNESOTA COUNTY OF • e�� AEBRA A. DUREN j NOTARY PUSLIC- -MiYNE3BTA HENNEPM COUNTY My ComPnixkn ExkLs Jan. 21, 1996 The foregoing ogtrument was acknowledged before me this day of 1993, by Frank A. Spartz, ortgagee, a married man, of Hennepin County. Notary Public, County, mnesota My Commission Expires / X11 APPROVED BY THE HUTCHINSON CITY COUNCIL THE _ DAY OF 1993. STATE OF MINNESOTA COUNTY OF& CITY OF HUTCHINSON PAUL L. ACKLAND, MAYOR GARY D. IWOTZ, qrY ADMINISTRATOR The foregoing instrument w a knowledged before me this &� day of 1993, by Paul L. Ackland, Noryor And Gary D. Plotz, City Administrator of the City of Hutchinson. THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 612 -587 -5151, Extension 208 MARILYN TAAy PU J. SYYANSON f10TAHY PUBIq- MWNESOTA MEEKER COUNTY YrOcenYaM E�bu Na. M 1"a 11 El C MEMO DATE: July 21, 1993 TO: Mayor and City Council FROMt John P. Rodeberg, Director of Engineering REf Consideration of Supplemental Agreement No. 1 and Final Payment for Hutchinson City Center (More -4) Asbestos Abatement Letting No. S /Project No. 93 -20 Skitch Enterprises (aka Pro -Dec) has completed the asbestos tile and mastic removal at the Hutchinson City Center (formerly the More -4 grocery store). The actual measured quantity increased from the estimate completed by Twin City Testing. The asbestos report estimated the quantity at 16,100 square feet. The final quantity was 17,088 square feet, or an additional 988 square feet. At the rate noted in the proposal ($1.65) this would add $1,630.20 to the original contract amount of $26,660. We have received preliminary notification that all field sample testing has been appropriately completed. Based on final notification, we recommend approval of Supplemental Agreement No. 1 in the amount of $1,630.20 and final payment in the total amount of $28,290.20. files LS/93 -20 0 City Hall 371ti'ashington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on re :'dcicd r.. rc +- Police Department 10 Franklin Street South (612) 587 -2242 ,r/ CITY OF HUTCHINSON SUPPLEMENTAL AGREEMENT NO. 1 37 WASHINGTON AVENUE WEST TO CONTRACT — LETTING NO. 8• HUTCHINSON, MN 55350 1 SHEET 1 OF 1 CONTRACTORs ENTERPRISES, INC. I FED£ HAL PROJECTt ISTANE'PROJECTs ICIT 3 PROJECT CONTRACTOR ADDRESSi 80 E. LITTLE PROJECT LOCATIONS HUTCHINSON CITY CENTER CANADA RD, ST. PAUL, MN 55117 1 (FORMERLY MORE 4) THIS CONTRACT IS AMENDED AS FOLLOWS, ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL (ADDITIONAL 988 SQUARE FEET OF VINYL ASBESTOS FLOOR 988 S.F. $1.65 $1,630.20 TILE AND MASTIC REMOVAL AT BID PROPOSAL RATE ORIGINAL CONTRACT AMOUNTo . $26,660.00 , DATE ORIGINAL CONTRACT DATES DATE CONTRACTOR DIRECTOR OF ENGINEERING 06 -22 -1993 DATE MAYOR DATE CITY 0 � i • CITY OF HUTCHINSON, 37 WASHINGTON AVENUE WEST, HUTCHINSON, MN 55350 (612) 587 -5151 ESTIMATE FOR PAYMENT - LETTING NO. 8, PROJECT NO. 93-20 - ESTIMATE NO. 1 (FINAL) FOR THE MONTH OF: JUNE HUTCHINSON CITY CENTER ASBESTOS ABATEMENT CONTRACTOR: SKITCH ENTERPRISES, INC., 80 EAST LITTLE CANADA ROAD, ST. PAUL, MN 55117 (612) 4841664 PREPARED BY: P. VANDER VEEN CHECKED BY: J. RODEBERG ESTIMATE 1 $0.00 ESTIMATE 2 $0.00 ESTIMATE 3 $0.00 ESTIMATE 4 $0.00 ESTIMATE 5 $0.00 ESTIMATE 6 $0.00 ESTIMATE 7 $0.00 ESTIMATE 8 $0.00 THE UNDERSIGNED CONTRACTOR CERTIFIES THAT TO THE BEST OF HIS KNOWLEDGE, INFORMATION AND BELIEF, THE WORK COVERED BY THIS APPLICATION FOR PAYMENT HAS BEEN COMPLETED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, THAT ALL AMOUNTS HAVE BEEN PAID BY HIM FOR WORK FOR WHICH PREVIOUS CERTIFICATES OF PAYMENT WERE ISSUED AND PAYMENT RECEIVED FROM THE OWNER, AND THAT CURRENT PAYMENT SHOWN HEREIN IS DUE. SIGNATURE OF CONTRACTOR FUND: DATED: 07 -22 -1963 CONTRACT AMOUNT: $2ASD•00 CHANGE ORDER NO. _ : $0.00 SUPPLEMENTAL AGREEMENT NO. 1 : $1,599.25 TOTAL TO DATE: $2$290.20 TOTAL RETAINED: $0.00 TOTAL DUE CONTRACTOR: $2$290.20 ALL PREVIOUS PAYMENTS: $0.00 DUE ON THIS ESTIMATE: $24290.20 IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, BASE ON ON -SITE OBSERVATIONS AND THE DATA COMPRISING THE APPLICATION, THE DIRECTOR OF ENGINEERM CERTIFIES TO THE OWNER THAT THE WORK HAS PROGRESSED TO THE POINT INDICATED, THAT TO THE BE: OF HIS KNOWLEDGE, INFORMATION AND BELIEF, THE QUALITY OF THE WORK IS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, AND THAT THE CONTRACTOR IS ENTITLED TO PAYMENT OF AMOUNT CERTIFIED. JOHN P. RODEBERG, DIRECTOR OF ENGINEERIW Q•a��Y��!b;�rial��r•]. � " Till: i�lii�' �[ dij� •lrJB(�Ii►�a�����a \i.'.I�.�� �E ::�-� �� ��rn�in.►n�vT�� _�i:1�3t.�:��rz.1:�r►r�r.>_���� 7� � -� �J■ � '� �� ��UASTIC REMOVED AT 1310 PRO–P-M—ALRATE SKITCH ENTERPRISES, INC. <•> SKITCH ENTERPRISES, 00. Skitch Enterprises, Inc. ©RO -DEG 80 E. Little Canada Road 1_00,Mw34 St. Paul MN 55117 "KIPS w FAx061184:+aw S CITY of HUTCHINSON N MORE -4 GROCERY STORE L 37 Washington Avenue West 1 105 Hassan St. G Hutchinson, Mn. 55350 p Hutchinson, Mn. 55350 T T 0 0 INVOICE GATE INVOICEI DATE SALESMAN I ORDER NO. I ORDER DATE SHIPPED VIA TERMS INVOICE NO. 7I1 S/9 2U57 Bid lconUjact 6/24/93 _ _ ------ 285 Net 15 UNIT PRICE 2057 AMOUNT ORDERED ORDERED SHIPPED SHIPPED BACK ORDERED ITEM NUMBER DESCRIPTION UNIT Hutchinson City Center Asbestos Abatement (More -4 Grocery Store) complete. Contract Estimate - 161100 sq, ft. vinyl Asbestos Floor Tile and Mastic removal Contract pric $26,660.00 Change to original quantity: Additional 988 sq. ft. Vinyl Asbestos Floor Tile and /, G 3�•a0 Mastic removed @$4 -rft per sq. ft. ......... 5r64Ar60 0/to" 0 PLEASE RETURN THIS PORTION OF THE INVOICE WITH YOUR PAYMENT. NONTA%ABL --- - -- TAXABLE EI HT MISCE EOUS -._ -- � - INVOICE llama= $28 3 - - - -- - - - - -- - - - -- ___ __ TOTAL $28,300.0 $28 .00 • 0 • RRO -DSG IACBINILE TRAN8NI88ION ✓BINT NUMBER OF PAOBB TO FOLLOMr ^I NOM If you do not receive complete transmission of pass, phase call sender at 612/484 -1664 DATE i J U, /f5/ TIM a�Q f fROHr C k TO r re V r ' (dr �j 0 herd eiry rfppf -/"a)/,I If Fe4w vi`a o RHO -DEZ 8kltoh Onterpdaes, Inc. Bo E. Little Canada Road Phone: 612 -484 -1884 8t. Paul, MN 55117 FAX: M -484 -1992 H ! J_!("] ENV 1 sm i If4l. HEALTH SCIENCES INC. Lan*!* WMe Bar Lake. M ORM INDUSTRIAL HYGIENE Field S4pling Data Sheet 10 conuou„rnn : Asbestos hmpw Typw j O pwmw )A*Uwd No.: NIOSH 0 7400 Am y: 41 Sample On Off Min eft Liter t%Ad fie Location lm mm ■■■s■■■■■■■■r m ■�■■� ■■ ■■ ■■ ■■ ■■ m ■■ ■■■■ ■■■■■■■■■■■■■am AIM ProjecP1 IlAorld we, "et N041 3 of _ a Subject, 4/mas c�,t' 1 oject No.: 9Q7(r, , on ♦ 1 July 23, 1993 ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARE PLACE HvrcniNsox, MlNxasoTA 55350 -2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 PAX (612) 387 -4096 RESIDENT ATTORNEY O.BARRY ANDERSON Re: Lynn Township Annexation Matter Our File No. 3188 -93241 Dear Gary: DP ce9RESL WTI•••M W. CAMERON EATMOND C. TALLIER 5681 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55u6 (BIR)545 -9000 MN TOLL PERE 600- 343 -4545 P4E(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)369-2214 PAR (612) 369 -3506 • I am enclosing herewith the final draft of the proposed Orderly Annexation Agreement. Please review this document carefully. I suggest it be included in the Council packe"or next Tuesday evening. The changes in the agreement include making the entire township subject to the orderly annexation agreement, language in the agreement limiting it to ten years and cleaning up some minor typographical errors. Please contact me with questions. Best regards. Very %Bfarry Anderson A:lm Enclosure 0 9_ 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION / "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION DAVm E. ARNOLD GARY D. McDOMELL • STEVEN A. ANDERSON O. RARRY ANDER80N' STEVEN S. ROOF IADBA E. PEETLAND DAVID A. BRUEOOEMANN PAm D. DOVE- JOSEPH M. PAIRMENT JAMES UTLEY RICHARD O. McOEE CATHRYN D. REHER OINA M. BRANDT July 23, 1993 ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARE PLACE HvrcniNsox, MlNxasoTA 55350 -2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 PAX (612) 387 -4096 RESIDENT ATTORNEY O.BARRY ANDERSON Re: Lynn Township Annexation Matter Our File No. 3188 -93241 Dear Gary: DP ce9RESL WTI•••M W. CAMERON EATMOND C. TALLIER 5681 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55u6 (BIR)545 -9000 MN TOLL PERE 600- 343 -4545 P4E(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)369-2214 PAR (612) 369 -3506 • I am enclosing herewith the final draft of the proposed Orderly Annexation Agreement. Please review this document carefully. I suggest it be included in the Council packe"or next Tuesday evening. The changes in the agreement include making the entire township subject to the orderly annexation agreement, language in the agreement limiting it to ten years and cleaning up some minor typographical errors. Please contact me with questions. Best regards. Very %Bfarry Anderson A:lm Enclosure 0 9_ 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION / "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION • JOINT RESOLUTION OF THE CITY OF HUTCHINSON AND THE TOWNSHIP OF LYNN AS TO THE ORDERLY ANNEXATION OF PROPERTY This joint resolution of the City of Hutchinson and Lynn Township is made and entered into this day of July, 1993 by the Hutchinson City Council and the Lynn Town Board. RECITALS 1. Whereas, the Minnesota Municipal Board as created by Minnesota Statute §414.01 has jurisdiction over certain annexation and orderly annexation issues; 2. The City of Hutchinson and the Township of Lynn desire to enter into an agreement allowing for the orderly annexation of certain property; 3. The parties hereto desire to reduce their agreement to • writing; • NOW THEREFORE BE IT RESOLVED BY THE HUTCHINSON CITY COUNCIL AND THE GOVERNING BOARD OF LYNN TOWNSHIP AS FOLLOWS: 1. Property Involved. The property covered by this orderly annexation agreement is legally described as follows: Lynn Township, also known as Township 116 North, Range 30 West, McLeod County, Minnesota, as is more particularly described on Exhibit "A" attached hereto, and incorporated as if fully set out herein. 2. Immediate Annexation. A portion of the above described property is ripe for, and the parties have agreed to, annexation without further delay. Both Lynn Township and the City of Hutchinson waive any procedural requirements in connection with the orderly annexation of property legally described as set forth on 1 attached Exhibit "A ". These properties abut the City of Hutchinson • and are presently urban or suburban in character or about to become SO. 3. Municipal Board Jurisdiction. That upon approval by the respective governing bodies of the town and the city, this joint resolution and agreement shall confer jurisdiction upon the Minnesota Municipal Board (Municipal Board) so as to accomplish the orderly annexation in accordance with the terms of this joint resolution and agreement. 4. No Alterations of Boundaries. The town and the city mutually state that no alterations by the Municipal Board of the boundaries of the area designated herein for orderly annexation is appropriate or permitted. The municipal board may review and comment, but shall, within thirty (30) days following submission of • this Agreement, order annexation of the property described in Paragraph 2. 5. Conditions for Annexation. The city and the town mutually agree that this joint resolution and agreement sets forth all of the conditions for annexation of the area designated herein for orderly annexation and that no consideration by the Municipal Board is necessary. The Municipal Board may review and comment, but shall, within thirty (30) days following submission, order annexation. 6. Tax Break. Any persons owning lands next to the city pursuant to this Agreement shall receive a "tax break" consisting of a staged, graduated increase in mill rates from the township is 2 rate to the city rate over a five (5) year period in the following manner: First year following annexation - 208 of city rate Second year following annexation - 40% of city rate JThird year following annexation - 608 of city rate Fourth year following annexation - 808 of city rate Fifth year following annexation - 1008 of city rate v The tax break described above applies only to residential property; commercial, industrial and residential property with a greater density than that permitted in an R -1 or R -2 Hutchinson zoning district within the City of Hutchinson, shall be taxed at the appropriate municipal rate. Notwithstanding the foregoing, any lands next to the city which are classified as agriculture lands • shall be taxed by the city only at the rate provided by law for such agricultural lands and not at the full city tax rate for so as long as said lands retain their classification as agricultural s lands and so long as that classification is permitted by law. 7. Annexation By Agreement. Any property located in the above described orderly annexation area as set forth in paragraph (1) above may be annexed by the city upon presentation of a petition signed by a substantial majority of the property owners of record of property located in a described portion of the above described orderly annexation area requesting such annexation. For purposes of this paragraph, "substantial majority" shall mean at least 608 of the property owners of record in the described area requesting annexation. In addition, such petition shall be signed 3 by the owners of record of at least 51% of the land area located in • the described area requesting annexation. If the city desires to annex the property as requested, then an annexation shall be accomplished by the adoption of a resolution by the city. Following adoption of such a resolution, the Minnesota Municipal Board may review and comment but shall, within thirty (30) days, order the annexation of all of the property described in the city's resolution. No review or recommendation with respect to annexation is necessary by the town as a condition precedent to annexation. � 0 8. Ad//di tional Consideration. In recognition of at least the potential of a transfer of tax base from the town to the city, the city agrees to reimburse the town, for a period of five (5) years from the effective date of the adoption of this Orderly Annexation Agreement, for the expense of performing routine maintenance and • snow removal on Honey Tree Lane and Underwood Avenue. 9. Tax Income and Apportionment of Funds. In the year of annexation of any of the land subject to this Agreement, there shall be no apportionment of real estate tax income for the year in which the annexation takes place. The town shall receive all such income. State aid income and federal income shall likewise not be apportioned, unless required by federal or state law. Any dedicated road or park funds, affected by annexation, shall be turned over to the city within fifteen (15) days after the date of the annexation order. Any annexations which involve accounts receivable for dedicated roads or park funds, to be collected in • 4 • the future as special road assessments, shall be forwarded by the city to the town. 10. Term of Agreement. This Agreement, unless otherwise amended by the parties in writing, shall continue in full force and effect until December 31, 2003. This resolution adopted by the Hutchinson City Council this day of July, 1993. • By: Paul L. Ackland Mayor of Hutchinson Attest: Gary D. Plotz City Administrator This resolution adopted by the Town of Lynn Board of Supervisors the _ day of July, 1993. Chair, Town Board of Supervisors Attest: Town Clerk This instrument was drafted: G. Barry Anderson ARNOLD & MCDOWELL 101 Park Place Hutchinson, MN 55350 Registration No. 196X Pi 5 That part of the South Half of Section 2, that part of the Southeast Quarter of Section 3, that part of the Northeast Quarter of Section 10 that part of the North Half of Section 11 and that part of the Northwest Quarter of Section 12, all in Township 116 North, Range 30 West of :he 5th Principal Meridian, described as follows: Beginning at the southeast corner of said Section 2; thence westerly, along the south line of the Southeast Quarter of said Section 2, to the southwest corner of the Southeast Quarter of said Southeast Quarter; thence northerly, along the west line of said Southeast Quar- ter of the Southeast Quarter, to a point 700.00 feet southerly of the northwest corner of said Southeast Quarter of the Southeast Quar- ter; thence easterly, parallel with the north line of said Southeast Quarter of the Southeast Quarter, 373.37 foot, thence northerly, parallel with said west line, 700.00 foot to said north line; thence easterly, along said north line, to the east line of said Southeast Quarter; thence northerly, along said east line, to the southeast corner of CLAUSE ADDITION; thence westerly, along the south line of said CLAUSE ADDITION, to the southwest corner of said CLOUSE ADDITION; thence northerly, along the west line of said CLOUSE ADDITION, to the intersection with a line drawn westerly at a right angle to said east line, from a point on said east line distant 649.00 feet south- erly of the northeast corner of said South Half of Section 2; thence westerly, deflecting 90 degrees 00 minutes 00 seconds to the left, 600.06 feet; thence westerly 57.82 feet along a nontangential curve concave to the south, having a radius of 425.75 feet and a central angle of 7 degrees 46 minutes 50 seconds, the chord of said curve deflects 11 degrees 47 minutes 48 seconds to the left from the last described line; thence westerly 127.36 feet along a reverse curve concave to the north, having a radius of 470.87 feet and a central angle of 15 degrees 30 minutes 00 seconds; thence westerly, tangent to said reverse curve, 37.00 feet; thence westerly 21.29 feat along a tangential curve concave to the north, .. hairinq .. a radius of 289.89 feet and a central angle of 4 degrees 12 minutes 26 seconds; thence -- - - -- southerly, deflecting 91 degrees 27 minutes 15 seconds to the left from the chord of the last described curve, 220.89 feet; thence west- erly, deflecting 89 degrees 21 minutes 35 seconds to the right, 192.50 feet; thence westerly, deflecting 7 degrees 43 minutes 10 seconds to the right, 88.62 feet: to the southeast corner of FIFTH ADDITION TO LAKEWOOD TERRACE: thence westerly, along the south line of said FIFTH ADDITION TO LAKEWOOD TERRACE, to the intersection with Line A; (said Line A is described as commencing at the southeast corner of said Section 2; thence westerly, along the south line of the Southeast Quarter of said Section 2, s distance of 1972.18 feet to the be- ginning of said Line A; thence northerly, deflecting 89 degrees 24 minutes to the right) ; thence southerly, along said Line A, to a point 1328.81 feet north of the beginning of said Line A, as measured along said Line A; thence westerly, deflecting 90 degrees 36 minutes to the right, 699.21 feet; thence northwesterly, deflecting 15 degrees 13 minutes 25 seconds to the right,392.15 foot; thence northerly, deflecting 90 degrees 04 minutes 25 seconds to the right, 213.08 feet; thence northerly 121.08 feet along a tangential curve concave to the east, having aradius of 527.93 feet and a central angle of 13 degrees 08 minutes 28 seconds; thence northerly, tangent to the last described curve, to the south line of THIRD ADDITION TO LAKEWOOD TERRACE; thence westerly, northerly and Westerly, along said south line of THIRD ADDITION TO LAKEWOOD TERRACE and along the southerly line of LAKEWOOD TERRACE, and along the westerly prolongation of said southerly line of LAKEWOOD TERRACE, to the intersection with a line parallel with and 600.00 feet east of the west line of said South Half of Section 2, thence southerly, along said parallel line, to the intersection with a line parallel with and 33.00 feet north of the south line of said South Half of Section 2; thence westerly, parallel with said south line of the South Half, to the in- tersection with said West line of the South Half; thence westerly, parallel with the south line south line of said Southeast Quarter of Section 3; to the intersection with the northerly prolongation of a line parallel with and 33.00 feet westerly of the West line of the East Half of said Northeast Quarter of Section 10; thence southerly, along the last described parallel line, to the intersection with the south line of said Northeast Quarter of Section 10; thence easterly, along the last said south line, to the southeast corner of said Northeast Quarter of $action 10; thence easterly, along the south line of said North Half of Section 11, to the intersection with Line B (said Line B is described as conaencinq at the northwest corner of said Section 11; thence easterly, along the north line of said Section 11_a distance -of- 1230.00 feet to the beginning of said Line B; thence southerly, deflecting to the right 107 degrees 06 minutes 00 seconds to the south line of said North Half of section 11) ; thence northerly, along said Line 6, to the intersection with a line parallel with and 33.00 feet southerly of said north line of Section 11; thence easterly, parallel with the north line of - said Section 11 and the north line of said Section 12, to the intersection with the center line of Dale Street: thence northerly, along said center line, to the north line of said Section 12; thence westerly, along said north line of Section 12, to the point of beginning. • • C V 'MEMORANDUM DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT APARTMENT DWELLING IN WALNUT RIDGE ESTATES REQUESTED BY RALPH SCHMITZ Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 28, 1993, Ralph Schmitz, submitted a application for a conditional use permit to construct a 48 unit apartment project in an R-4 district located in the Walnut Ridge Estates plat. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 20, 1993, at which time there were neighboring property owners objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 8, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above subject to meeting the staff requirements as follows: 1) Rear yard setback on Lot 11, should be 15' parallel to the front setback. 2) Explain 12' vs 10' front easements. 3) R -4 requires 35' minimum building setbacks or setbacks equal height whichever is greater. 4) Provide dumpster screening. 5) Berm 3 to 1 at the westerly line between the R -4/R -2 districts. Provide coniferous plantings. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on wcgcled paper - Police Department 10 Franklin Street South (612) 587 -2242 6) Buildings are required by code to be sprinkled. 7) Parkland contribution to be 15% of the undeveloped site. 8) Provide Tot -Lot design submit to the Hutchinson Park Board. 9) Site grading to be within .2 prior to request for installation of gas and electric utilities or request for a building permit. 10) Minimum paving on cul -de -sac is 53'. 11) Revise minimum basement floor elevations and provide top of foundation elevations. 12) Show wetland mitigation locating. 13) No on -site catch basin represented. 14) Handicap stalls are incorrect. 15) Close existing curb -cut on Bluff. 16) Confirm fire hydrant location with the Fire Marshal /Chief. 17) Provide parking ratios, ordinance requires 1 per bedroom plus .5 per unit. 18) Street names to be Hillcrest Rd N.E., Walnut St N.E., Hillcrest Ridge Ave N.E. 19) Water mains to be 8 ". 20) Represent identification signage on site plan. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission • L !L i°I1LK a�E s R sfM 101K L07 CP94eE e7.1" sdW1E nr k1 .i u, by s 00.3!']]' E , _...or...... ` _ _ e s *o 7__ _ -__ _ tm`e 1as mucous _ INO s__ UP'� ,'` lFr x ?1 3.14 IICRES \ i W . io `fV I 'smSS' .e.•un t �. yaw .'� �. � \ e. e _ _ _ _ _ _ 1 >_s[n!`:_ '3 \ \• i / yl iqIR.� 11 II N 1 I 1 - 0.027 ORES _ �`r,•e> Iww Oo]t K•tE5 \ - =�� �, 4 I „ .1 u q e J I d .I its 1 __ Y• '-'�- 'C�,1 4 Alt - ora 1 � > x ._{ -• , • 1 II % 11 $0 l d I -• .QL J-a- ' -•# r . I \ , ; ]e 3' 7`r. � N II • �� •nl 11 ! • 1 11 • Y I� � _ n � b 1. �.+� sc I I '. '-- --- --- -- I1 .L - I- No • _ -J I "v,' ■ sHILLCREST ROAD -- — — nR •o»'m'[ • I�. ' to _ _ __ Nw__.� _ •, b' t b � _ _ _' S[+Y!'+L i� trou _.0 OC'• rr n Dmi '.r v' �OeL. rva s�.O�y�� IP'•�_ 1. 1 2� j:•' ��,' Rm a. wsi fl I sl I q I sllc s I ,s _ 1! io I ��E 19 to to Ell III mi-I I mY In k u i� u Y x- an 1 'ly ' t] I ��" _ '1� � •Y I- p I .1..91 I p I . +.# L •n1 • • p -1 • l . YTK. 1 I .' I h' I,.. • -� ,L. "' `', .. , -.1 I 1 L' i -- - -� .L - ' 'L - - -. - '•�- n sne.r. Y' • • R RESOLUTION NO. 10016 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO CONSTRUCT APARTMENT DWELLING IN WALNUT RIDGE ESTATES REQUESTED BY RALPH SCHMITZ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN 0 FINDINGS 1. Ralph Schmitz, Schmitz Kornovich, Inc., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow BSK of Hutchinson Partnership to construct a 48 unit apartment project in an R -4 district located in the Walnut Ridge Estates plat, with the following legal description: Legal Description: That part of Lot 7 of AUDITOR'S PLAT OF THE SOUTH HALF OF SECTION 30 AND THE NORTH HALF OF SECTION 31, TOWNSHIP 117 NORTH, RANGE 29 WEST, City of Hutchinson, McLeod County, Minnesota,' according to the recorded plat thereof; Commencing at the southeast corner of Lot 6 of said AUDITOR'S PLAT OF THE SOUTH HALF OF SECTION 30 AND THE NORTH HALF OF SECTION 31, TOWNSHIP 117 NORTH, RANGE 226 WEST,and assuming the south line of said Lot 6 to have a bearing of North 87 degrees 40 minutes 47 seconds East; thence South 90 degrees 0018 minutes 00 seconds East, a distance 416.84 feet to the point of beginning of the land to be described; thence continue South 90 degrees 00 minutes 00 seconds East, a distance of 174.47 feet to the east line of said Lot 7; thence South 00 degrees 28 minutes 27 seconds East along the east line of said Lot 7, a distance of 1014.22 feet, more of less to the right -of -way line of Bluff Street; thence South 42 degrees 09 minutes 02 seconds West along said right -of -way line a distance of 160.28 feet; thence South 87 degrees 31 minutes 51 seconds West, a distance of 241.01 feet; thence North 38 degrees 45 minutes 48 seconds West, a distance of 100.53 feet; thence northeasterly and northerly, a distance of 146.32 feet, along a non - tangential curve concave to the west having a radius of 213.67 feet and a central angle of 39 degrees 14 minutes 12 seconds, the chord of said curve bears North 19 degrees 37 minutes 06 seconds East; thence North 00 degrees 00 minutes 00 seconds East, a distance of 369.86 feet; thence South 90 degrees 00 minutes 00 seconds East, a distance of 140.00 feet; thence North A 00 degrees 00 minutes 00 seconds East, a distance of 240.00 feet; thence North 52 degrees 16 minutes 21 seconds East, a distance -S, of 93.01 feet; thence North 04 degrees 43 minutes 28 seconds West, a distance of 156.92 feet; thence North 10 degrees 51 minutes 33 seconds West, a distance 108.65 feet, more or less to the point of beginning. Subject to easements of record, if any. 2. The City Council has considered the recommendation of the • Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to meeting the staff requirements as follows: 1) Rear yard setback on Lot 11, should be 15' parallel to the front setback. 2) Explain 12' vs 10' front easements. 3) R -4 requires 35' minimum building setbacks or setbacks equal height whichever is greater. 4) Provide dumpster screening. 5) Berm 3 to 1 at the westerly line between the R -4/R -2 Adopted by the City Council this 27th day of July, 1993. ATTEST: 0 Gary D. Plotz City Administrator Paul L. Ackland Mayor districts. Provide coniferous plantings. 6) • Buildings are required by code to be sprinkled. 7) Parkland contribution to be 15 °s of the undeveloped site. 8) Provide Tot -Lot design submit to the Hutchinson Park Board. 9) Site grading to be within .2 prior to request for installation of gas and electric utilities or request for a building permit. 10) Minimum paving on cul -de -sac is 531. 11) Revise minimum basement floor elevations and provide top of foundation elevations. 12) Show wetland mitigation location. 13) No on -site catch basin represented. 14) Handicap stalls are incorrect. 15) Close existing curb -cut on Bluff. 16) Confirm fire hydrant location with the Fire Marshal /Chief. 17) Provide parking ratios, ordinance requires 1 per bedroom plus .5 per unit. 18) Street names to be Hillcrest Rd N.E., Walnut St N.E., Hillcrest Ridge Ave N.E. 19) Water mains to be 8 ". 20) Represent identification signage on site plan. Adopted by the City Council this 27th day of July, 1993. ATTEST: 0 Gary D. Plotz City Administrator Paul L. Ackland Mayor 'MEMORANDUM DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REOUESTED BY MARK SCHILLING TO MOVE GARAGE UNTO PROPERTY LOCATED AT 142 - 3RD AVE Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 18, 1993, Mark Schilling, 142 3rd Ave SE, submitted an application for a • conditional use permit to move an 18' x 19' garage from 345 Hassan ST to142 -3rd Ave SE. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 20, 1993, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 8, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above. 10 City Hall 37 Washington Avenue West (612) 587 -5151 Respectfully submitted, Clint Gruen, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 . -. ` L` 0 0 RESOLUTION NO. 10017 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO MOVE AN 18' X 19' GARAGE FROM 345 HASSAN ST TO PROPERTY LOCATED AT 142 - 3RD AVE SE • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mark Schilling, 142 - 3rd Ave SE, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow him to move an 18' x 19' garage from 345 Hassan St to property located at 142 -3rd Ave SE, with the following legal description: Legal Description: East 1/2 of Lots 1 and 2 and the Eat 1/2 of the North 1/2 of Lot 3 all in Block 34 Townsite of Hutchinson, South Half 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, . nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 27th day of July, 1993. ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor q t C " vMEMORANDUM DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REOUESTED BY JUNACE GEHRKE TO MOVE GARAGE UNTO PROPERTY LOCATED AT 625 HARMONY Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 25, 1993, Junace Gehrke, 625 Harmony LN, submitted an application for a • conditional use permit to move a 14' x 20' garage from 619 -2nd Ave SW to property located at 625 Harmony LN. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 20, 1993, at which time there was no one present who objected to the request. E FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 8, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation a conditional use permit owner's expense. City Hall 37 Washington Avenue West (612) 587 -5151 of the Planning Commission that the aforementioned request for be granted as set forth above noting relocation of utilities at Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 RESOLUTION NO. 10018 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO MOVE A GARAGE FROM 619 - 2nd AVE SW TO PROPERTY LOCATED AT 625 HARMONY LN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Junace Gehrke, 625 Harmony Ln, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow her to move a 114' x 20' garage from 619 -2nd Ave. SW to property located at 625 Harmony Ln with the following legal description: Legal Description: Teh West 63.9 feet of the West 11 rods and 15 links of Lot 6, Lynn Addition, City of Hutchinson. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above noting relocation of utilities at owner's expense. Adopted by the City Council this 27th day of July, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor • 0 - .k i sae:,;,: 1 ,s„-� �- • i is C 'MEMORANDUM DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO MACHINE SHOP LOCATED AT 106 ERIE REQUESTED BY ROBERT MALONE, 3 -1) CNC, INC. Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 29, 1993, Robert Malone, 3 -D CNC Inc, submitted an application for a conditional use permit to construct a 26' x 30' addition to existing machine shop building in I/C District located at 106 Erie ST. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 20, 1993, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 8, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on receded parer- Police Department 10 Franklin Street South (6I2) 587 -2242 C RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request be . granted based on the findings set forth above subject to the following staff recommendations: - Hard surface parking required. - One handicap stall 13' x 20' required. - No semi offloading permitted unless a loading berth is provided. - Finished floor elevation to be 1041.2'. - Walls closer than 20' are required to be one hour rated. - Provide handicap access to building. - No outdoor storage permitted. - Screen dumpster. - 29' parking provides for only one way access. - Identify curb -cut locations. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission E 0 93 ADDITION • 3 -D CNC INC 106 ERIE ST HUTCHINSON LOT i BLOCK 17 (66 FT X 132FT) D 2I Ve /FW57 AVE S.E. • m _A 2B FT 7 BACK 2R R SFT RACK 44 FT }' PROPOSED ADDITION CURRENT BLD 26' X 30' 26' X 40' �- 29 FT PARKING (6 VENKS.ES) NJ ue • RESOLUTION NO. 10019 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO CONSTRUCT AN ADDITION TO MACHINE SHOP LOCATED AT 3 -D CNC, INC., 106 ERIE u BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Robert Malone, 3 -D CNC, Inc., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow him to construct a 26' x 30' addition to existing machine shop building in I/C District located at 106 Erie St. with the following legal description: Legal Description: Lot 1, Block 17, South 1/2 City 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the . community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to the following staff recommendations: - Hard surface parking required. - One handicap stall 13' x 20' required. - No semi offloading permitted unless provided. - Finished floor elevation to be 1041.2' - Walls closer than 20' are required to - Provide handicap access to building. - No outdoor storage permitted. - Screen dumpster. - 29, parking provides for only one way - Identify curb -cut locations. a loading berth is be one hour rated. access. Adopted by the City Council this 27th day of July, 1993. ATTEST: • Gary D. Plotz Paul L. Ackland City Administrator Mayor �_ �T C. MEMORANDUM DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REOUESTED BY MCLEOD COUNTY FAIR ASSN TO MOVE BUILDING UNTO FAIRGROUNDS Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 30, 1993, Tim Ulrich, McLeod County Agricultural Association, submitted an application for a conditional use permit to move a 40' x 60' unto the fairgrounds located at 860 Century Ave SW. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 20, 1993, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 8, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above. Respectfully submitted, t Gruett, Chairman City Ha1I Parks & Recr �on , Police Pep artment 37 Washington Avenue West 900 Harrington p1linson Planning C28rPAW1915treet South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 2tr - Primed On rtrvc!eJ r,rrcr- OLD - -S H-E-E P- BARN COMMERCIAL � H 0 EDGE OF CONC LOCATE SHEEP BARN SOUTH WALL PARALin TO NORTH WALL. OF HORTTICULTURE BUILDING. C7 C] HORT. C3 C:3 9i i \J z � e Coto Colo a SME9 (1 E p� 31v'S a aLocK �. Ito ` - S 1'° o y¢6� -*ev 1 Ic� cmltv� 3 �SNECiP DISP� -1K P Q At�FI61Te+�+ Fbpfycu►TuFE ti� O APi3 4 cMF71 E0 t�+ Rt+ to -`- IF =-- I A I MA PANUo e t z S a RESOLUTION NO. 10020 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO MOVE A 40' X 60' BUILDING UNTO THE FAIRGROUNDS LOCATED AT 860 CENTURY AVE SW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Tim Ulrich, McLeod County Agricultural Association, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow them to move a 40' x 60' building unto the fairgrounds located at 860 Century Ave. SW, with the following legal description: Legal Description: Lot 3, Block 1, Fairgrounds Addition 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 27th day of July, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 9'-ttr' • a 'MEMORANDUM DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REOUESTED BY ROGER STEARNS, STEARNSWOOD, TO MOVE STORAGE BUILDING Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY • On June 30, 1993, Roger Stearns, Stearnswood submitted an application for a conditional use permit to move a 32' x 64' metal shed and add two 12' shed roof wings and recover with new side walls on property located at Stearnswood, Inc., 3rd Ave NW. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 20, 1993, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 8, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission 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 q —X, - Printed on mcwded raper - 'ji >Pl.gv 4u a {p ✓A<.vr cu - <UI1.iCI V y�L/HG _ 4HJOCK wawa � 44 t isa ° d� 9i � 9 q• . e. a as Y ac ✓A<.vr cu - y+L�oy V y�L/HG _ 4HJOCK wawa { d� 9i � q• . e. r Y i i 71*� cx M r Q jM``Ai,O n ✓4CgTQ D la.fe4 IL.rPf LLM +I VM04iaa.1 yCy 7Q � i• rC, an . es i A I �'�7/VV gGTUL /fie, y4lN� 1 ' 0 i ° r j �jcLQy Ta.r 1- �' gcAbf� �.ZCW Lc.'✓cC A � µ an . es i A I �'�7/VV gGTUL /fie, y4lN� 1 ' 0 i ° r j �jcLQy Ta.r 1- �' gcAbf� �.ZCW Lc.'✓cC A � RESOLUTION NO. 10021 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO MOVE A 32' X 64' METAL SHED LOCATED AT STEARNSWOOD INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Roger Stearns, Stearnswood Inc., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow him to move a 32' x 64' metal shed and add two 12' shed roof wings and recover with new side walls on property located at Stearnswood, Inc., with the following legal description: Legal Description: All that part of Blocks 26 and 27, Townsite of Hutchinson, North Half, McLeod County, Minnesota, together with the vacated alleys in said Blocks, that lies Northerly of a line drawn parallel with and distant 50 feet Northwesterly, as measured at right angles, from the center line of the main track of the Minneapolis Industrial Railway Company, as said track is now located and established 9—,X, together with all right, title, and interest • in and to that part of Hassan Street (now Greenleaf Street) which lies between and abuts said Blocks 26 and 27 and that lies Northerly of said line drawn parallel with and normally distant 5o feet Northwesterly of said main track center line. Also3 All that part of the vacated portion of Fourth Street (now Third Avenue North) that abuts the North line of said Block 27, being the sidewalk adjacent to said North line. MORE PARTICULARLY DESCRIBED AS FOLLOWSs Beginning at the Northeast corner of Block 27, Townsite of Hutchinson, North Half, McLeod County, Minnesota; thence on an assumed bearing of South 0 degrees 00 minutes East along the East line of Block 27, a distance of 149.52 feet to a point on the Northerly Right of Way line of the Minneapolis Industrial Railway Company (now known as the Dakota Rail); thence South 79 degrees 04 minutes West along said Northerly Right of Way line, a distance of 558.64 feet; thence North 0 degrees 00 minutes East, a distance of 255.48 feet to a point on the North line of Block 26; thence North 90 • degrees 00 minutes 9—,X, East along said North line, a distance of 218.5 feet; thence North 0 degrees 00 minutes East, a distance of 10.00 feet; thence North 90 degrees 00 minutes East, a distance of 330.0 feet; thence South 0 degrees 00 minutes East, a distance of 10.00 feet to the point of beginning. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 27th day of July, 1993. ATTEST: LI 0 Gary D. Plotz Paul L. Ackland 41 City Administrator Mayor C DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THONG VAN TRAN TO MOVE A 1975 MARSHFIELD MOBILE HOME UNTO LOT IN MCDONALDS LAKEVIEW TERRACE OR COUNTRY CLUB TERRACE Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On July 2, 1993, Thong Van Tran, submitted an application for a conditional use permit • to move a 1975 Marshfield mobile home unto a lot in McDonalds Lakeview Terrace or Country Club Terrace. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, July 20, 1993, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 8, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted as set forth above subject to meeting Life Safety Issues as follows: - Egress windows in all bedrooms. - Interconnected smoke detectors. - Verify all appliances, plumbing, electrical, etc. to be brought to present day code. - Verify double glaze windows. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission 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 2(�' - Printed on wcuded paper - 11 0 0 • 0 RESOLUTION NO. 10022 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO MOVE A 1975 MARSHFIELD MOBILE HOME UNTO LOT IN MCDONALD'S LAKEVIEW TERRACE OR COUNTRY CLUB TERRACE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Thong Van Tran, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow him to move a 1975 Marshfield mobile home unto lot in McDonalds Lakeview Terrace or Country Club Terrace. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to meeting life safety requirements as follows: - Egress windows in all bedrooms. - Interconnected smoke detectors. - Verify all appliances, plumbing, electrical etc. to be brought to present day code. - Verify double glaze windows. Adopted by the City Council this 27th day of July, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor • • 0 M E M O R A N D U M DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT OF "WALNUT RIDGE ESTATES" SUBMITTED BY RALPH SCHMITZ The Planning Commission recommends approval of the final plat subject to 15' radius at intersections. q- �r � EMMONS A. RAYMOND, NOTARY PUBLIC, STEARNS COUNTY, MINNESOTA MY COMMISSION EXPIRES u9e 31.1111139 mxula L 1 3 90. Co. 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Subject to f_Z easements of record, if any. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said final plat of WALNUT RIDGE ESTATES is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota. BE IT FURTHER RESOLVED THAT such certification upon said plat by Mayor and Cit required, shall be conclusive showing of therewith by the subdivider and City officials above described and shall entitle such plat to forthwith without further formality. execution of the y Administrator, as proper compliance charged with duties be placed on record Adopted by the City Council this 27th day of July, 1993. ATTEST: Gary D. Plotz, City Administrator Paul L. Ackland Mayor • • 0 C M E M O R A N D U M DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PRELIMINARY PLAT OF "KOLLEN'S SUBDIVISION" SUBMITTED BY GERALD KOLLEN, HUTCHINSON TWP., 2 MILE RADIUS The Planning Commission recommends approval of the plat with no objection. City Hall 37 Washington Avenue West (612) 587 -5151 Parks £r Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Pmt fed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 (7— CLe'-L� f I That Part of Government West of the 5th Princi pa 4 \\ 4Yp County Highway No. 7• 20I � \ �1 �< Except P'Pare - that P the.reor � ••Q, end its southerly prolon ii I •I 544 0/2 Commencing at the souchv, \br_ 0 degrees 29 minutes 47 �p I I r \ ✓� Of said Government Lot 2 glees 30 minutes 13 sec,i beginning of the line to I seconds West a distance I \ y, 43 seconds East a distaw AA •\/ii en fn ,4 1 E >2 �M, ,.e• .• 66 - iK ( SEA y ry0 in_. _ as ---- '_�_.._.. •LOT 2 \�\� \ •o�� M I LOT \ \ z 96 �k01NGSET= PC1(— ^INiti -.i .sue• , ••�•'. \ 'L ���'�Hr�'b ' `I✓Y I I `- s _ __ —•ref I i �'0~, 1 \� f ._s z-" ELSEME U11 " f9 .....1 9c- ._. ------- _. _�i - npF INiG�s nN0 ••.... •. -- ioo - ...y_�_."'- loo _._ j• 63 � _- -----_. ..__ 01 loe -- - - - -- - --'--- --...� ,, s 585.02 .o... ._. ... 28969. l roc .- !"•-.. - -' - -- ROAD as x•09'27 5 10 COUNTY I -- A-99 43 3 R'96.0 .o. 558 - - - -- -- -- C' 2 n� - 1 K� �u N0. 7 WHIP 117 NORTH MEEKER `TI ' WSM ALLEY HUTCHINSON CODE- 8 (PAGE 61 T". RANGE 29 WEST 3 M �s r ° y 6 L1 E M E M O R A N D U M DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF MCPHERSON'S SUBDIVISION SUBMITTED BY JOSEPH MCPHERSON, HASSAN VALLEY TWP, 2 MILE RADIUS The Planning Commission recommends approval of the plat with no objection. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Prirt:cd oc M- -.clyd r:rr+er- Police Department 10 Franklin Street South (612) 587 -2242 OWNSHIP 116 NORTH MUlCNQ01/ 3UWER HASSAN VALLEY CODE -6 ,re u (PW 13) 0 RANGE 29 WEST a I$ 6 Y Y J J • OWNERS RE% FULLER Ixrr ru+ o +xs �nnx Nuv or us x°•+xrs s+'r v.. q. :r ka ¢x I Iosxo LIE xon x: R.xcs 19 snt or +xs l+x • MCPHERSON'S SUBDIVISION PRELIMINARY PLAT c w. cow o• su v 1x°wm .ws a xww a sic s, r .6 x, x, 19w •'. '•... .,... _ - NOBLE N89-17-37-1 n69 no _ BLOCK -. BLOCK I LO I LOT I ,L` I 6a �ii..2+662p•E tc a4fb? ` V i N p —L7: ^, �•I n9' ` I' V p11. h�\ e p • E d9ym ,;_' —!" /' 6 2 01, O S07-43 22-E 190.96 • OWNERS RE% FULLER Ixrr ru+ o +xs �nnx Nuv or us x°•+xrs s+'r v.. q. :r ka ¢x I Iosxo LIE xon x: R.xcs 19 snt or +xs l+x • able x,x , MCPHERSON'S Nsr:n nn ev FN •re el fit 1, 1 11t N, X to n• -IW CO _. N119'3'])'W .RTi{. s.N ;Wma " NOBLE it no xn n 1 nl •0 00 -o o TG�•1 1 I_ J.rn.n••m.w+•F•rf .. }rw ••I •nu all •xn w •xl, ..x I.— +ta4 BLOCK I LOT 1 0 SUBDIV;SION �-;rlal P(6L+ u Tier cenn ar �" T1x$ W1r. wp[ IA: .1rI --66 �.. L . Fes' '.Za6'bZp E �....NT,L..9 BLOCK 2 N \ \N LOT 1 �. p C ]� J 9 Jb t 10 'w i • b��:J. y, J. 1 [fun or I'll "a" y UJ'rJ, «r3 ° ».a � :�pOi lv ]O ]t R� z R C i R[S[XTfa [ulbe a. By fv E. 1. tM proOrlasn of [M oat - R C R[S[XTfa [ulbe a. By fv E. 1. tM proOrlasn of [M oat - .tlel 1.i alnrn beed to M.....If wl{•t peegraq a[vtl.d 1. tM CsvntY a1 RL•N. 6uu el Nl nngeu. to tla1 let - S • e 1 .b Mra. bell al Ib rorin..q Onvl•r sf !•oleo 9, T .... h" 114 he'll. 1.np 29 X..[ of he Stn lY.• • LLn. d• rllxd a lei le.• Cor• eln• µ IN norl M•u e • .1 ul< belt. x•11. In•n<• Seuln .pprevN 1Y tn• te.rd of !•glob. r .f Nn•a. Y.IIq Ts.n.LLp. RI.N Cwxp. xl.ruu..[ .gain{ ln.gol. s n ..... ee {•q, ued .lent aM n ran Ilmr•I ltd nano x•IL . dUUnu el apelna M• dq of .. I1N. to an nn•.Iroq ei (n• l.1 a. n. d..erl n.el eMnu . of n.r b. vuu.1 .un the ..0 Iln. u.lr.. In ueu, n[.1w b.11 tn.ne• s.Xtn n e•ev.. •J dnm.e n . m.e. ml mane e..a: [n..c• reran n . nr —,ed. ..et [1f.n feet. tn..q boll. T3 a.. 19 atnua.. Jo . ene. 4q I1asL fe•11 ..J •I nut rn It • • 1..a 1:'.1n le.l: 1 11 F<..a•rl• u lent .Inn. e - . - m .1. ,. _, - �., e. •. rinmm� n1..1 � nl eta nl nm n . '1nn....a.. ... n..un. annrrn3, en 1r,I 1- R C 0 • C M E M O R A N D U M DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson.Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT OF "BRENHAGEN'S SUBDIVISION" SUBMITTED BY JOHN BERNHAGEN, HUTCHINSON TWP, 2 MILE RADIUS The Planning Commission recommends approval of the plat with no objection. City Hail 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - P,z fed on rocvc!ed JWrer Police Department 10 Franklin Street South (61 2) 587 -2242 Cf , ( ! c HUTCHINSON TOwt,smp p7 NDRTH CODE -2 ra■t RANGE 29 u 6 O Y r Kn •J IuSS.uG •al6cy .i IP." EI ..A ns SMALL TRACT OWNERS i K wY Gr• _ ' ' ,!• Y�� A G C • I < Yi _ � � . � • r Kn •J .i ns � i 4. i 1 -iv�al ►�- lu+ �y�.i � ^ 1 Sbl la - • 1M11 � I IN - is Ra lob I$" i 4 n lJ .164 1 \� \ �•\9S lvsv f I 1'' I I 1 I I: S 1 .WIT 1 MI I'L_ ni �a I A• r. , ^ 1 s - • 1M11 � I IN - is Ra lob I$" i _.e0 n lJ J' :Eb }E. to M rL2? S \9T •F- J - -- �• n I? 11 i I: ^ N:__ I � •' Itl I tl } e1 ' I I I 2 << 3 �� » ` 11, ° T _ _ I O l__ \ 13 I \ 1. 1 VL \\ _.I I \\ I \t I„ \ t \ \ 1 $WW 23• W - A!°.0O $t. CN. G.A. eD - L jrie'at• 9gla I I J3.iQA, V •I _ vA•sssiJC ,o! \•�lri�\.°tj' /�' 1,l�,CJ \Y < -..lro -- 611, M 136 il- l'�TIJI AA p3PaA SN'U)e -I z 1 a`e: °Sj suvsw•e s\\vs'w'e 8 vv !1d A•tohyeir' �:.�iei'U•- ' w, eJrye4ai• -1. 14J SlFV 9ee•F -tlO.n JIa.aA °s 09 '. P• ,�A 1.16 f R•11 If I : 1TJJ 1 J9} IY0.91 l•\. ___ - kA :FI0606.w —' i - __I ��.}f'_n iR•JgaeaA I s�4'i�s• i I•1 ' ` i 1 IQ a l 16 i 15 i I rl y' i_ I I I 1 1 . Ie000 I>009 NN• 13'26•• W - 699, 3A I S1'eJ• UNPLATTr p \ ?p,� �a I A• r. , I I_ � I IN - is Ra lob I$" i n lJ r----- - - - - -- I I e• � I" \ i I O A_ �• n I? 11 i I: ^ N:__ I � •' Lyti 10.a3 ----------- - N eI 36 \` 12 I ` » In \ 13 \ 1. 1 , I \\ I \\ I \t I„ \ t \ \ 1 $WW 23• W - A!°.0O $t. CN. G.A. 11 L C M E M O R A N D U M DATE: July 21, 1993 TO: Hutchinson City Council FROM: Hutchinson.Planning Commission SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY LEONARD RUTLEDGE, HASSAN VALLEY TWP., 2 MILE RADIUS TO REDUCE REAR AND SIDE YARD SETBACK The Planning Commission recommends approval of the request with no objection. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 58�7! -2242 (7 —,k d, STATE OF MINNESOTA COUNTY OF MCLEOD NOTICE OF PUBLIC NEARING YOU ARE HEREBY NOTIFIED that a regular meeting of the McLeod County Board of Adjustment will be hold on the Zgth day of July, 1993, at 10:30 a.m., 1n the County Commis- sioners' Room at the Courthouse, Glencoe, MN. THE PURPOSE OF SAID MEETING Is to consider the application for a Variance Permit heretofore filed with the County Zoning Administrator by Leonard Rutledge. Said applies - tion for a Variance Permit relates to the reduction of the 40' required rear yard setback to 13' and reduc- tion of the required 20' side yard setback to 14' for the construction of an attached garage. THE PREMISES UPON WHICH said Variance is anticipated and situated in the County of McLeod and State of MN is described as follows to wit: That part of Lot 6 Auditor's Plat of Sec 7 in Two 116N of Rng 29W, described as follows, to -wit: Commencing at the Intersection of the W'ly extension of the N line of acid Lot 6 and the centerline of Cty Rd No. 62; thence SE'ly, along said centerline, 70.001; thence E'ly, parallel with the S line of said Lot 6, a distance of 196.33'; thence NW'ly, parallel with said center- line, to the intersection with said N liner; thence W'ly, along said N line, to the point of beginning. THIS HEARING will be hold by the McLeod County Board of Adjust - sent at which time you may appear if you desire, either in person or by agent or attorney, in opposition to or support of the proposed Variance. DATED THIS 13TH DAY OF JULY, 1993. Edwin E. Homan McLeod County Zoning Administrator �\ c JUL 1993 ti • co s 0 • N 1/2 SEC. 7, T. 116, R. 29. }.. °°°���� -� •tip' ORS _ '` a, . r .� _ -; • ~; "mac T ._ , � . �� "•_ ••.,. 151' I • . ..•.�. .yQr t, q.. ` ' rwa mrn, N ..:_mow• ". - __ _.. __.. _. ua JWNSHIP 06 NORTH NUYCNE.SON HASSAN VALLEY CODE -6 A. TWR RANGE 29 Wo I ao an.. IM. RVN I • I • I� aal I ,(R�B�yF`u�u T O f. rf IOJasEDiIC�•UI a. I ' 8Rt] ZACRAS 1 o w VACfK ".. Jas .. �'T..11lia I .3L" t 1) a� "bL u U -4 4L E K[ASRO It "'[ Llj nCN4 IIXA �•A ETUY � .nlr • 7 OR 200A Rn MARLd .wm. I %• MRS ALEEN • FRAME AR [A•a DlawO ,. _ ELMER MOSEL JANMETTE �►►►aauttt�iiiTTTT[[[ WTNENS r.mY SONDE $ u • aTLE TATE Of I SN •%. Y O,)3cm0T Off 3440 Am 4 aNpx• Ful [wo[[ [r ra KRSIBACN• ® ST C. / E! TIEN! s fUlER 1• T Yrtn ETU[ rm. K 1 >OM xLE ee SCMD?L J ILT ' p RO=CA H An sTQYI •• C m .: EE .4 LEcm a NARLAK d1f/wGN a IELLER ••fALpiELE AL.D wiC awwaam •" TUMAM N 1 RA MEK __Am NARTLKAT MARIAN ELL J. = w I1N10 a,r w�p `- .w �K 1V ACE1� / 1 `1 I A°J!• m =. \ ,N. n 0• ® moat. NN 9 DONAIO ` JOAN KOBOW BRIM ED ETAL XNALD �T e O MELVIN Ze ETAL TLL` kOA�L ARL AMEN! AAFAYR ELD N3 SNGE DONE 1♦ A. RANDY REINER r�LUTNE RS pl. OONN • 1 . -- B �� ARMN FILK• PAY .O . ; Q M RD9WT UIaICM REPT EM Iw SRlIETZ 1NNQw . fin so r '.OLIJIOW �� R\. 11. 'I4` � eDEEr TY • n. a• MA,Kl • au..•r•.um QErua W�IE MPE ; wMGMT an [ w R1 •[.r ..ETZM KJ<.N , NALO • ) TNAM WNOw M. _ 3 ST Es NL IRK •:rRtl. •M.L .Iar ww IERGEMS ZZ f� r +O 0A O.ETER LES a AND" 20 LLP me b1 A LUYNCNS Q NEIL IS ARLINE LAM a • JDNN a REINEn •/I� JEAGENS to KLA UREEN Q ALSRECICif [I N 3 t Rq IFM E E/ER •X:J a1a MR ,pY< I on 9 �� M2. T y r. n •w • EDWARD a ErT1r cw � • IN • • ALLAM. PEINCR iELt'ENE wE1 ANQ1. EL Q�E•SCNWETER 1 t•/ &ww .rat ILLAAO a KP10�f KM A ,�.....LLaa I ,+ srEIVEER aR a RANCIS ; EDITH Wo. p1ACHIN I ran. n SIR4w TUX �• a / 133 T 1 TERSON W 11 6 Y •� frd u'•[ 4 S Au 9aE�A a WCT t.rtu YME rf o rNOMAS REYNOLDS a' T'•w • JEANGMTE TELL jEAMET w1110Ni .rr s3TED a+EV- rL[ ER •.un S , 3 mats ' tAwRENCE EELLF e IRENE a VIA" LILLIAN ORESSEL i "w M�:Ewa •I•. ELw[LL FURED!aE O .-NEEIITZ so "" IAl PETERS CHARLES L. 160 2n A AN • WLOA SCNWARZE (RANK EL[.• QNOWWD a a O A2 vNE I sat:.. 3 FTAL CLEEK MIQKE i ! EslTEO /� /�}� kv N IK 6 ��Ippp `^"�wWE • OALC a COMIGAIN v "WANK P $DfR ZE y TERS wT tl: RANII ARCT a L A w ►ETfR7 ' [u[.x n LL ATE rcr0. / ELLEN N}tNtlw aUCK ERS .:-1 SREUIT LAICM • JPAA�yMN Pig• J'� i NK ItoEl AO so =_0 m aG ,m_' A SUMTER ^ (PAGE 13) TMP 3 E~ 1 Y W J 1 i V • C 0 • July 22, 1993 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: REINSTATEMENT OF ASSESSMENTS AGAINST TAX FORFEIT PROPERTIES Following parcels have been certified by County Auditor Ed Ide as tax forfeit. He has requested the status of the assessments against these parcel. I have computed the assessment in total which would be due against the parcels listed and would ask council approval of the following assessment and total amount due at time of auction. Parcel No. Lot Blk Description Amt Due 23 - 312.0030 3 1 California Second $2,783.03 23 - 312 -0040 4 1 2,783.03 23 - 312 -0050 5 1 2,783.03 23 - 312 -0090 8 1 6,094.94 23 - 312 -0095 9 1 6,094.94 There are no assessment against S 2' of Lot 1 McDonald's 6 th addition which is also tax forfeit. The amounts would be due and payable at the time of auction of the property. The City of Hutchinson does allow a payment program for assessments purchased on tax forfeit but this must be on a case by case basis and an agreement must be approved by the Hutchinson City Council. The assessments are for rolls 179, 211 for all lots listed Lots 8 and 9 in addition include rolls 176,177,109A, and 120A. City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 Police Department 10 Franklin Street South (612) 587 -2242 I? -- ,e, . RESOLUTION SUPPORTING TWO POSITION ENHANCED 911 PUBLIC SAFETY ANSWERING POINT Resolution No. 10026 WHEREAS, the City of Hutchinson operates a Public Safety Answering Point (PSAP) for emergency services communications; AND WHEREAS, the City of Hutchinson PSAP has shown a continuing increase in requests for service to the public with current level of calls for service exceeding 13,000 per year; AND WHEREAS, the City of Hutchinson's population and land mass continues to grow which forecasts additional calls for service; AND WHEREAS, the City of Hutchinson PSAP currently, according to McLeod County request for proposal for enhanced 911 equipment, will have a one position E -911 PSAP; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council recognizes that because of population and land mass growth, the Hutchinson PSAP will handle more calls for service. • 2. That the Hutchinson City Council believes that a two position E -911 system is necessary for the Hutchinson PSAP. 3. That the Hutchinson City Council requests McLeod County to amend the request for proposal for E -911 equipment to include a two position system for the Hutchinson PSAP. Adopted by the City Council this day of , 1993. City Administrator Mayor /o -241 OPEN -HOLD COUNCIL REPORT Tue Jul 27 1993 10:42:15 ------------------- 1980 TIDS OLSONS LOCKSMITH • 1987 IMPROV. 605 AM.NATIONAL BANK 1993 IMPRO.CON B COMSTOCK DAVIS INC HUTCH COOP CENNEX AIRPORT RENOVAT. RE- KEYING OF LOCKS PAYING AGENT FEES LAKEWOOD OR ALIGNMENT ROUND -UP- SHOWOFF -MIRA6 BRAUN INTERTEC ENVIRONMENTAL I PROF SERVICES MATHIOWETZ CONSTRUCTION EST #2 CAP.IMPRO.FUND BARR ENGINEERING CO PROF SERVICES CENTRAL GARAGE BRANDON TIRE CO TIRE MOUNT • CHAMPION AUTO CLEANERS, SOLENOID, ET COAST TO COAST SUPPLIES CROW RIVER AUTO REPAIR DYSON OIL INC DY -100 FARM & HOME GIST. CO SUPPLIES 6 & K SERVICES SHOP TOWELS GLENCOE UNIFORMS HLGN SINGLE LIT HARPEL BROS.INC SHAFT HUTCH COOP CENNEX TIRES MANKATO MOBILE RADIO CIRCUIT BREAKER - ADAPTO MTI DIST.CO WIPER ARM, HOSE, WIPER NORDIC TRUCK PARTS INC REFLECTOR STRIP P & D AG ELECTRIC LABOR FOR OLIVER PRO AUTO CLEAN CLEAN CAR RMS KIT SEAL SCHRAMM IMPLEMENT CABLE, BLADE STATE OF MINNESOTA TRAFFIC LAWS MANUAL TOWN & COUNTRY TIRE INSTALL TUBE W.D. COOLING CLINIC REPAIR AIR CONDITIONER CITY HALL COAST. DREXEL ENTERPRISES INC CITY CENTER ASBESTOS A MINNESOTA BLUEPRINT BLUELINE PRINTS, BOOKS • WOLD ARCHITECTS & ENGINEERS PROF SERVICES -CITY HAL ENERGY LOAN FD Page $625.37 $625.37 $240.S3 $240.53 $911.00 $129.25 $1,040.2S $1,466.75 $53,485.86 $S4,9S2.61 $673.72 $673.72 $59.90 $184.21 $4.46 $669.41 $157.S8 $4.69 $68.60 $867.76 $97.45 $468.04 $1,684.13 $14S.3S $3.54 $150.00 $25.00 $86.38 $59.55 $23.18 $31.44 $178.37 $4,979.06 $28,290.20 $6,657.07 $17,324.50 $52.271.77 LORRAINE MEYER ARCH.SERVICE $500.00 LORRAINE MEYER AND AWNING $12,096.00 $12,596.00 OPEN -HOLD COUNCIL REPORT Tue Jul 27 1993 10:42 :15 Page 2 GENERAL FUND • ALL SEASONS LANDSCAPE /DESIGN ARBOR DAY GIFT CERT $50.00 ALLEN OFFICE PROD RULER $5.61 ALLEN, JEAN 2 SR. TOUR REFUNDS $101.00 AM RISK SERVICES JULY SERVICES $800.00 AMERICAN HOTEL REGISTER CO. BULBS $217.58 AMERICAN RED CROSS LEVELS 1 -7 & WADDLES $23.36 ANDERSON, TIM SWIMMING REFUND $12.00 ANNETTE HILES AND CARPENTRY $6,190.00 ANTONY, TERI SR. TOUR REFUND $9.38 ARLT, JOHN UMPIRE $42.00 ARLT, VIC UMPIRE $14.00 ARNDT, RUTH SR. TOUR REFUND $35.38 AUTOMATION SUPPLY CO PAPER $25.24 BARR ENGINEERING CO PROF SERVICES $228.23 BAUMGARTNER, JEFF GAS KEY REFUND $100.00 BEEBE, GLEN SWIM LESSONS REFUND $13.00 BELROSE, MICHAEL TOURNAMENT REFUND $75.00 SENNETT OFFICE SUP. SERVICE CONTRACT $103.79 BENTON, JAMES SWIM LESSON REFUND $24.00 BERNICK & LIFSON FRANCHISE RENEWAL $1,512.50 BIG BEAR EARTH ANCHORS $15.92 BOELTER, GALE SAFETY GLASSES $73.45 BREMIX CONCRETE CO CONCRETE $516.43 BRINKMAN STUDIO PHOTOS $10.03 BROWNS GREENHOUSE GIFT CERTIFICATE $50.00 • BURGER, MARLA SWIM LESSONS REFUND $10.00 SURICH, HARRIET SR. TOUR REFUND $26.00 C.RIVER VET CLINIC BOARDING & EUTH $440.00 CADD /ENGINEERING SUPPLY BLUELINE $50.95 CAMERA SHOP DEV & PRINT $20.75 CARLSON, KARI 20 1/2 HRS LABOR $102.50 CARNEYS TEMPRA PAINTS $33.95 CASH WISE SUPPLIES $413.44 CENTRAL GARAGE JUNE REPAIRS $8,023.54 CENTURY LABS TRIMEC $56.69 CHARLES BAILLY & CO AUDIT SERVICES $7,500.00 CHRISTENSEN REPAIR CHAIN $43.22 CITY OF HUTCHINSON JUNE LODGING TAX $29.88 CLASEN, MARGE SR. TOUR REFUND $9.38 CLLC HISTORICAL COMMITTEE 24 ADMISSIONS $24.00 COAST TO COAST SHIPPING $192.99 COMMERFORD, PAMELA ADV CAMP REFUND $15.00 • OPEN -HOLD COUNCIL REPORT Tue Jul 27 1993 10:42:15 Page 3 COMSTOCK DAVIS INC AERIAL PHOTOS $689.00 COUNTY RECORDER 4 LISTINGS MCLEOD COOP $15.00 • COUNTY TREASURER PARCEL CHANGES $185.10 CREATIVE RIVER TOURS 2 HR CHARTER 8 -12 -93 $315.00 CROSBY, CARRIE SCOREBOARD $63.75 CULLIGAN WATER COND SOFTENER RENT $16.50 DEPT NATURAL RESOURCES DNR TITLE FEES $354.00 DESUTTER, MARY ANN SR. TOUR REFUND $9.38 DORIS BETKER AND ELECTRIC $1,021.00 ELECTRO WATCHMAN SEMI ANNUAL CHARGE $191.70 ELLIS, TRACY 3 HR 45 MIN LABOR $20,70 ERICKSON, RENEE SWIM REFUND $10.00 EVANS, MARY SR. TOUR REFUND $9.38 FABER, JAMES BEAVER MT SLIDE REFUND $10.50 FAMILY REXALL DRUG BINDER $68.39 FARM & HOME DIST. CO STEEL WHEEL $387.68 FEED RITE CONTROLS CHLORINE $218,27 FESTIVAL FOODS GROCERIES $47.06 FIELD, BARB SWIM LESSONS REFUND $12.00 FIELD, LINDA GARDEN PLOT REFUND $10.00 FITZLOFF HARDWARE SUPPLIES $244.68 6 & K SERVICES UNIFORMS $895.09 G.L. BERG & ASSC JUGGLER PERFORMANCE 7- $350.00 GALL'S INC UNIFORM SHORTS $17.49 GAME TIME COIL SPRING $26,828.47 GEISER, RITA LEAGUE FEE OVERPAYMENT $25.00 GENERAL OFFICE PRODUCTS CO WORK STATIONS $9,128.27 GIESE, RICK UMPIRE $196.00 • GLENCOE UNIFORMS MAG POUCH $861.24 GLOBAL OCCUP SAFETY BELT, SUSPENDERS $40.60 GRAFIX SHOPPE SQUAD CAR GRAPHIC KIT, $1,385.92 GRAYSON, CARL J. UMPIRE $207.00 GRINA, LISA VCR TAPES, FILM, ETC $44.19 HANSEN GRAVEL GRAVEL $2,948.26 HANSON & VASEK CONSTRUCTION REPAIR CATCH BASIN $587.00 HANSON, JANICE SR. TOUR REFUND $9.38 HAUGEN, MARV MEETING EXPENSES $48.69 HENNEN, ELLA SR. TOUR REFUND $26.00 HENSEN, MARK MEETING EXPENSES $64.04 HIGGINBOTHAM, RUTH SR. TOUR REFUND $110.38 HOEFER, NORMAN SR. TOUR REFUND $150.00 HOEFT, PAT SR. TOUR REFUND $9,38 HOESCHENS, DUANE FLASHLIGHT $20,22 HORRMANN, WALTER SR. TOUR REFUND $598.00 HUTCH COMM HOSPITAL GOGGLES, MASKS, GLOVES $111.50 HUTCH COOP CENNEX JUNE FUEL $4,167.94 HUTCH FIRE & SAFETY CO2 $497.20 HUTCH FIRE DEPT GENERAL ACCT REGISTRATIONS $398.38 HUTCH FIRE DEPT RELIEF ASSC. CITY BUDGET $14,000.00 HUTCH IRON & METAL IRON $18.26 HUTCH TECH COLLEGE LIVE BURN $510.00 HUTCHINSON HRA PER RESOLUTION $35,296.00 • HUTCHINSON SLF REHAB SERV HUTCHINSON TEL CO ADAPT REC TRIP REFUND $76.00 JULY PHONE $4,092,84 OPEN -HOLD COUNCIL REPORT Tue Jul 27 1993 10:42:15 Page 4 ---------------------------------------------------------------------------- HUTCHINSON UTILITIES GAS & ELEC $8,684.98 ICBO MEMBERSHIP DUES $75.00 • INDEPENDENT PETROLEUM SERVICE TANK,PUMP,KARD SYSTEM& $2,599.75 INK SPOTS CL LAID $67.85 INSURANCE PLANNERS BOND EMPLOYEE $8,369.00 JIM BREWERS MUSIC FOR DANCE $135.00 JOES SPORT SHOP SWEAT $21.00 JOHNSON, ROSINA SR. TOUR REFUND $9.38 K MART WHISTLE $66.72 KEMSKE /OSWALD FORMS $15.70 KENNING, RUTH SR. TOUR REFUND $75.00 KOKESH ATHLETIC BASEBALLS $1,136.05 KOTTKE, CHARLOTTE TWINS GAME REFUND $6.00 KRUEGER, BONNIE SR. TOUR REFUND $52.00 L & P SUPPLY CO GASKET $4,10 LARSON, GLENN TREE APPL REFUND $5.00 LARSON, MARK SWIM LESSON REFUND $24.00 LAUER, CRAIG ADV CAMP REFUND $15.00 LAW ENFORCE EQUIP NAME BAR $18.20 LEAGUE OF MN CITIES 3RD QTR W /COMP $38,439.93 LETN JULY SERVICE $288.00 LINDER BUS COMPANY BUS TO TWINS GAME $676.00 LOGIS LOGIS CHARGES $15,033.07 LORENCE, PATTI SWIM LESSONS REFUND $26.00 LOTUS DEVELOPMENT CORP LOTUS ORGANIZER $105.44 MANKATO MOBILE RADIO GUN LOCK TIMER -SHOP SU $80.73 MANTHEI, HOWARD UMPIRE $56.00 • MARKA, JAMES MEETING EXPENSE $14.75 MATTSON, CURT UMPIRE $84.00 MCLEOD CTY DISTRICT COURT ADM FILING FEE FOR M.KLOCK $115.00 MERRITT, BETTY SR. TOUR REFUND $9.38 METKOWSKI, MILDRED SR. TOUR REFUND $64.38 MINNESOTA BLUEPRINT FOOT CHARGE $24.43 MINNESOTA 6FOA REG- K.MERRILL $150.00 MN. PLAYGROUND INC CHECK PINS $431.79 MODERN MAZDA IMPOUND TOW $51.63 MOONEY, DAVID UMPIRE FEES $300.00 NELSON, AUDREY SR. TOUR REFUND $26.00 NEMITZ, IRENE 2 SR. TOUR REFUNDS $101.00 NEMITZ, LILLIAN 2 SR. TOUR REFUNDS $101.00 NO STATES SUPPLY INC SMALL PARTS $163.32 OLSONS LOCKSMITH 50 KEYS $79,88 OSGOOD, RUTH SR. TOUR REFUND $9.38 OTTO, KATHRYN ADVENTURE CAMP REFUND $15.00 OTTO, LYLA SR. TOUR REFUND $75.00 PELLINEN, WILLARD ROTARY PARK PLAT $912.00 PETERSON BUS SERVICE BUS TRIPS $1,139.60 PETERSON, CLAYTON GAS KEY REFUND $50.00 PETERSON, JEAN SR. TOUR REFUND $9.38 PETERSON, RUTH SR. TOUR REFUND $18.76 PIERCE, BURNETTE SR. TOUR REFUND $35.38 PISHN£Y, LORETTA SR, TOUR REFUND $9.38 PRIEVE LANDSCAPING ARBOR DAY GIFT CERT $108.58 • PRO AUTO CLEAN CLEAN CAR $25,00 OPEN -HOLD COUNCIL REPORT Tue Jul 27 1993 10:42:15 -------------------------------------- ----- --- - - - - -- Page 5 PYR -OLEX CORP FIRE FINDER REPAIR $605.00 • R & J TOURS RADISSON ARROWWOOD 9 ROOMS RESV- K.MERRILL $2,531.00 $144.00 RAISBECK, LARRY S. UMPIRE $84.00 RAY ALLEN MANUFACTURING CO JACKET, SLEEVES $41.62 RECREONICS LUCITE, TEST CELL $14.91 REDETZKE, RYAN INTERPRETER 2 HRS $20.00 REDMAN, MARY GARDEN PLOT REFUND $20.00 REINER LAWN IRRIGATION ARBOR DAY GIFT CERT $50.00 REINER, JEROME TREE APPL REFUND $5.00 RICE, CAL MEETING LUNCH $5,90 RICHARDS, LORENA SR. TOUR REFUND $9.38 ROBERT ERDMAN AND ELECTRIC $500.00 RODESERG, NANCY RIBBON & DANCE REFUND $8,00 RUMRILL, BURTON UMPIRE $168.00 RUNKE, REINHOLD UMPIRE $140.00 RYAN, SCOTT UMPIRE $98.00 SALLY DISTRIBUTORS WATCHES, BALLS, YO -YOS $166,29 SCANDIA 24 ADMISSIONS $48.00 SCHAEFER, DAVID ADV CAMP REFUND $15.00 SCHMIDT, MITCHELL SAFETY BOOTS $30.00 SCHWARZE, HILDA SR, TOUR REFUND $9,38 SERVICEMASTER CLEAN CARPETS & WINDOW $470.00 SEVEN WEST WASH & DRY MOPHEADS $37,70 SHOE INN, THE RADIO MOUNT, STRAPS $14.00 SHOPKO BATTERIES, FILM $84.46 SIMMONS GUN SPECIALTIES SIGARMS CLIP $70.46 • SIMONSON LUMBER CO NAILS $46.33 SIMS, DAVE SAFETY BOOTS $30.00 SKARVAN, KATHLEEN VISION WORK $200,00 SMITH, DALE PARTIAL TOURNAMENT REF $25.00 SMITH, LES SR. TOUR REFUND $70.76 SORENSEN FARM SUPPLY 17 FT CABLE $3.62 STANDARD PRINTING BINDERS RETURNED $335.57 STARKE, GENE UMPIRE $140.00 STREICHERS BATTERY STACK, MODULE $892.18 TESKE, TIM PARTIAL TOURNAMENT REF $25.00 TEWES, EVA SR. TOUR REFUND $26.00 TOTAL MART 100 CAR WASHES $150.00 TOTUSHEK,SCOTT PARTIAL TOURNAMENT REF $25.00 TRIARCO TISSUES, SCISSORS, ETC $113.10 TROUT AIR 24 DINNERS $310.80 TSCHIMPERLE, SCOTT UMPIRE $210.00 TWO WAY COMM INC ANTENNA REPAIR $234.93 UNDERGROUND BAR & GRILL MEAL 6 -23 $18,22 UNITED BLDG CENTERS LUMBER $48.99 UNITED LABORATORIES DISINFCT CLEANERS $316.62 UPDIKE, STEPHEN PARTIAL TOURNAMENT REF $25.00 US WEST COMMUN JULY SERVICE $325.70 VIKING COCA COLA POP $281.25 VIKING INT PRODUCTS POLY BAGS $152,14 WALTER, JULIE SWIM LESSON REFUND $10.00 • WEDIN, CHUCK BEAVER MT WATER SLIDE $232.50 WEIS, MARK ADV CAMP REFUND $17,00 OPEN -HOLD COUNCIL REPORT Tue Jul 27 1993 10:42:15 --------------------- -- ----------- ------- ----- - - - --- WENDORFF, DELORES WIELAND, BRUCE • WILLMAR TECHNICAL COLLEGE WM MUELLER & SONS XEROX CORP YOUNG, ELSA ZAJICEK, LORRAINE ZEE MEDICAL SERV ZIEGLER, KIRK ZILLMER. RICK pil SR. TOUR REFUND UMPIRE BLOOD80RNE PATHOGENS GRAVEL & BLACKTOP JUNE USAGE -5052 SR. TOUR REFUND SR. TOUR REFUND INFECTION KITS, PADS, PARTIAL TOURNAMENT REF UMPIRE ED PHILLIPS & SONS CO. LI19930610 GRIGGS COOPER & CO LI19930701 JOHNSON BROTHERS LIQUOR CO. LI19930701 LOGIS LOGIS CHARGES QUALITY WINE & SPIRITS CO. LI19930630 SIOUX VALLEY ASPHALT LI19930622 PAYROLL FUND AETNA VARIABLE LIFE ASS. CO AMERICAN FAMILY INS CO. G.T. GROWTH • GLOBAL FUNDS INC GREAT WEST LIFE INS. CO. H.R.L.A.P.R. ICMA RETIREMENT TRUST MN DEPT OF REVENUE PERA LIFE INS CO. PERA - D.C.P. PRUDENTIAL PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT RURAL F. D. HUTCH COOP CENNEX HUTCH FIRE DEPT GENERAL ACCT HUTCH FIRE DEPT RELIEF ASSC. • EMPLOYEE CONTRIS 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTIB 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYER CONTRIB 7 -3 EMPLOYEE CONTRIS 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTRIS 7 -17 EMPLOYEE CONTRIB 7 -17 EMPLOYEE CONTRIS 7 -17 JUNE FUEL BOARD MEETING RURAL BUDGET Page 6 $18.76 $168.00 $120.00 $1,507.02 $706.01 $26.00 $9.38 $62.57 $25.00 $56.00 $227,461.49 $11,827.75 $9,726.16 $14,300.34 $507.63 $9,742.91 $73.50 $46,178.29 $545.00 $139.24 $175.00 $318.46 $110.00 $157.46. $1,514.00 $5,498.50 $129.00 $114.84 $140.00 $11,665.02 $95.00 $150.00 $27,552.51 $48,304.03 $108.59 $325.22 $5,200.00 $5,633.81 ' OPEN -HOLD COUNCIL REPORT ---------------------------------------------------------------------------- Tue Jul 27 1993 10:42:15 Page WATER /SEWER FUND AAGARD WEST JULY OFFICE PAPER $10.00 AM.NATIONAL BANK PAYING AGENT FEES $295,77 CBI NA -CON INC WATER TOWER $247,560.50 CENTRAL GARAGE JUNE REPAIRS $1,102.65 COAST TO COAST TRIMMER $335.74 CRIPPS, SCOTT REFUND OF SEWER BILLIN $1,188.90 FAMILY REXALL DRUG COL PAD $7.14 FARM & HOME DIST. CO WRENCH $153.71 FEED RITE CONTROLS CHLORINATOR PARTS $190.79 FITZLOFF HARDWARE BITS $12.43 G & K SERVICES UNIFORMS $342.27 GRAINGER HAMMER DRILL $157.58 HAUER, KIM INTEREST ON SEWER BILL $34.63 HOLIDAY INN - WILLMAR LODGING- R.DEVRIES $168.00 HUTCH COOP CENNEX JUNE FUEL $482.80 HUTCHINSON TEL CO JULY PHONE $457.16 HUTCHINSON UTILITIES GAS & ELEC $252.13 JOHNSON REFRIGERATION REPAIR $62.24 KEYE PRODUCTIVITY CENTER REG- M.GRAHAM $125.00 L & P SUPPLY CO TRIMMER REPAIR $241.59 LEAGUE OF MN CITIES 3RD QTR W /COMP $3,702.07 LEWIS PUBLISHERS BOOK $89.95 LOGIS JUNE LOGIS CHARGES $1,634.04 MARSHALL & ASSC P.A. PROF SERVICES $4,333.53 MEECE, MERLE SAFETY BOOTS $30.00 • QUADE ELECTRIC WIRE $69.36 RAM MEMBERSHIP DUES- G.PLOT $65.00 SANIFILL INC TRASH LOADS JUNE 28 -JU $9,862.01 STATE TREASURER RENEWAL- M.GRAHAM $15.00 STRINGER BUS SYSTEMS TONER $72.29 TRI CO WATER COND SALT $14.70 WATERPRO METERS $969.15 WM MUELLER & SONS WATER VALVES $762.54 $274.820.67 YOUTH CENTER STANDARD PRINTING LEGAL PADS, PENS $5.08 $5.08 $729,782.68 • MUNICIPAL LIOUOR STORE $72,988.44 BOND FUNDS (wire transfers) Bonds 1992 interest $46,713.75 Bonds 1991 interest 42,352.50 Bonds 1990 interest 56,587.50 1990 Taxable Medical Bonds interest 150,534.38 1990 Medical Facilities interest 104,613.75 400,801.88 1990A,6.0. Med. Facilities Principal 65,000.00 • City of Hutchinson payroll 7 -9 -93 $5850.68 City of Hutchinson, Lottery Sales lottery sales 1152.00 American Linen Supply Co. towel service 52.01 City of Hutchinson WSTR 91.01 Coast to Coast mop head -vac 72.17 Hutch Utilities elec. & gas 854.22 Retail Data Systems re- install system 5.00 Joe's Sport Shop plaque 12.00 Bernicks Pepsi Cola mix 38.73 Sprengler Trucking June freight trucking 716.64 City of Hutchinson, Lottery sales lottery sales 1190.00 City of Hutchinson, Lottery Sales lottery sales 213.00 Friendly Beverages beer r 361.60 Jordon Beverages beer 1172.85 Lenneman Beverages beer 7411.05 Triple G dist. beer 15,191.35 Ed Phillips $ Sons wine $ liquor 5771.66 Griggs Cooper $ C9. wine $ liquor 12,348.96 Johnson Bros. Liquor Co. wine & liquor 5900.05 Quality Wine $ Spirits wine $ liquor 3104.10 Lori Lundholm cleaning windows 42.60 Insurance Planners liq. liab, ins. 10,389.00 Junker Sanitation refuse chgs. 166.78 KDUZ adv. 6 -26 20.00 Trapline Outfitters replacement of mdse sold 97.87 • Viking Coca cola soft drinks 480.30 Bernicks Pepsi Cola soft drinks 153.31 Daak RE£. & Appliances repairs 38.00 Service Sales Corp. supplies 91.50 $72,988.44 BOND FUNDS (wire transfers) Bonds 1992 interest $46,713.75 Bonds 1991 interest 42,352.50 Bonds 1990 interest 56,587.50 1990 Taxable Medical Bonds interest 150,534.38 1990 Medical Facilities interest 104,613.75 400,801.88 1990A,6.0. Med. Facilities Principal 65,000.00 • ABNOLD & MCDOWELL ATTORNEYS AT LAW 3881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 35416 -1492 (812)545 -9000 MN TOLL FREE 600-343 -A345 FAX (612) 543 -1793 July 14, 1993 FOR YOUR INFORMATION John Rodeberg Director of Engineering Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Dakota Rail, Inc. Our File No. 3244 -92066 Dear John: OF COVVS9L W11JJAM W. CAMERON RAYMOND C. LAII TER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 353'n (612) 569 -2214 FAX (612) 369-3506 101 PARK PLACE RUTCHMSON, MINNESOTA 53350 (612) 367 -7575 FAX (612) 3674096 .4 ,6 Jv er`- Mr. Mills has asked that the city supply him with the underlying calculations behind the assessment in Block 39 which is $5,740.68. • As you no doubt know, this concerns assessment roll number 284 for project 93 -07. Mills was simply attempting to assure himself that he is being assessed for actual railroad property and not for any streets or public right -of -ways or other nonassessable property. I indicated to him I had no difficulty with his request and I would ask that you supply the requested information directly to Mr. Mills at the local address for railroad operations: Dakota Rail, Inc., 25 Adam Street North, Hutchinson, MN 55350. I have separately conveyed to Mr. Mills the offer of the City Council approved at the last City Council meeting. Please call with questions. Best regards. Very G: Barmy Anderson GBA /pb • cc: Dakota Rail, Inc. Gary D. Plotz 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B.ARNOLD CURT D. MCDOWELL . STEVEN A. ANDERSON O. BARRT ANDERSON STEVEN S. ROOF LAURA E. FRETLAND DAVID A. S§Hnt OEMANN PAUL D. DOVE" JOSEPH H. PAIEMENT JAMES CTLET RICHARD O. McOEE UTHRYN D. REHER OINA M. BRANDT ABNOLD & MCDOWELL ATTORNEYS AT LAW 3881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 35416 -1492 (812)545 -9000 MN TOLL FREE 600-343 -A345 FAX (612) 543 -1793 July 14, 1993 FOR YOUR INFORMATION John Rodeberg Director of Engineering Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Dakota Rail, Inc. Our File No. 3244 -92066 Dear John: OF COVVS9L W11JJAM W. CAMERON RAYMOND C. LAII TER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 353'n (612) 569 -2214 FAX (612) 369-3506 101 PARK PLACE RUTCHMSON, MINNESOTA 53350 (612) 367 -7575 FAX (612) 3674096 .4 ,6 Jv er`- Mr. Mills has asked that the city supply him with the underlying calculations behind the assessment in Block 39 which is $5,740.68. • As you no doubt know, this concerns assessment roll number 284 for project 93 -07. Mills was simply attempting to assure himself that he is being assessed for actual railroad property and not for any streets or public right -of -ways or other nonassessable property. I indicated to him I had no difficulty with his request and I would ask that you supply the requested information directly to Mr. Mills at the local address for railroad operations: Dakota Rail, Inc., 25 Adam Street North, Hutchinson, MN 55350. I have separately conveyed to Mr. Mills the offer of the City Council approved at the last City Council meeting. Please call with questions. Best regards. Very G: Barmy Anderson GBA /pb • cc: Dakota Rail, Inc. Gary D. Plotz 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID D. ARNOLD •OART D. MCDOWELL STEVEN A."VERSON O. HARRT ANDERSON' STEVEN S. ROOF LAURA E. PRETEND DAVID A. BRDEOOENANN PADL D. DOVE" JOSEPH M. PA2EMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REBER DINA M. BRANDT ARNOLD & MCDOWELL ATTORNEYS AT LAw 5881 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 (612) 545 -9000 MN TOLL FREE 900 -343 -490.5 FAX (622) 949 -V93 July 14, 1993 Ellie Mills FOR YOUR INFORMATION Dakota Rail, Inc. 25 Adam Street North Hutchinson, MN 55350 Re: Special Assessment Appeal Matter Our File No. 3244 -92066 Dear Ellie: OF COUNSEL MIL•+AV N. CAMERON RAYMOND C. LALLIEH SOI SOUTH FOURTH STREET PRINCETON, MINNESOTA 531 (612)69 -2224 PAX (612) 369 -5306 101 PAST PLACE HVTCHIVSON, MINNESOTA 55]50 (612) 567 -7375 FAX (622) 567-4096 2 ¢ JUL1893 RECE,rypX By_� I have had a chance to discuss the pending assessments against Dakota Rail, Inc. property with the Hutchinson City Council. As I understand it, the assessment in Block 39 totalling $5,740.68 is not at issue. You have asked for information regarding how the assessment was calculated and by separate correspondence I have requested that the City Engineer supply this data directly to you. We next move to the assessment against property located in Block 22 which assessment is in the total amount of $11,481.36. This assessment is for sanitary sewer, water main, curb, street and gutter. As I understand it, the property presently is used for railroad purposes, principally cold storage. The property previously was in commercial use having been leased to a fertilizer company. Under Minnesota law, assessments imposed by a city will be upheld only to the extent that they improve the value of the property. Since the property does have some commercial potential, a trial court would likely find some improvement in value. Further, the City Engineer has pointed out to me that among other problems, the present arrangement provides very low water pressure for fire protection purposes and the assessment will pay, in part, for the expense of improving the water pressure. Finally, if the property were to be used for any other purpose other than cold storage (without any associated employment), city ordinance requires that the property be hooked up to municipal water and sewer services and benefit would occur at that point. It is also worth noting that • most of the block is not subject to any flood zone restrictions and could be used for development purposes. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Ellie Mills July 14, 1993 Page 2 Having said all of this, the council acknowledges that the property is presently exclusively devoted to railroad operations and that there is no retail or general commercial use of the property and therefore, it will be difficult to establish benefit to Dakota Rail, Inc. in the amount assessed. I should note that the valuation is supposed to be done on the basis of the highest and best use, but I think it is fair to say that the natural tendency of the court hearing this evidence is to look to the present use of the property and the likelihood that the use will change. Accordingly, the city would make the following offer. This offer is made in settlement of anticipated litigation and for the purpose of avoiding a dispute. If the matter is not resolved on these or other acceptable terms, the city's position will be that it is entitled to the full assessment. The city would propose the following: C 1. One -half of the $11,000.00 assessment would be activated and placed on the assessment roll. This would mean the assessment would be paid off over a period of ten years • at the rate of 1/10 of the principal plus interest (the interest rate has not been established, but it will be, in all likelihood, less than 6 °s) • This will leave Dakota Rail with an assessment of approximately $600.00 annually. 2. The balance of the assessment will be deferred pursuant to Minn. Stat. 5429.061 Subd. 2 on the grounds that the property is "undeveloped" and rather than specify a date for activation, the city would agree that the assessment can be activated only if the use of the property changes. As to procedural matters, the City Council agreed to extend the appeal time to and including August 1, 1993 so that the parties have ample time to resolve this matter. Please give me a call and we can visit about this matter. Best personal regards. Very truly__rauTs, PCDOOLL G. ,Barry` Anderson CC: Gary Plotz ` i • DAVID ARNOLD GARY D. . W cDoWZ OWE LL STEVEN A.ANDERSON G. BARRY ANDERSON' STEVEN S. RODE LAURA R.FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UI'LEY RICHARD O. HCGEE CATHRYN D. REHER GINA MBRA.NDT July 23, 1993 ARNOED & McDOwELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612)!587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON Re: Police Department Dispatch Issues Our File No. 3188 -93246 OF C01INS6L WILLIAM W. CAMEHON RAYMOND C. LALLIRE SBB1 CEDAR LA HE ROAD MINNEAPOLIS. MINNESOTA 53 6 (612)545-9000 MN TOLL FREE 800- 30.'1 -4545 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 •� (6!2)389 -2214 ZD2�ZZ Z ✓r 2 12) 309-5506 S4 JUL iA3 RECEIVED Y..,� 1is e,l„� n FOR YOUR INFORMATION Dear Gary: • Enclosed please find an article which appeared. in the Minneapolis paper recently dealing with dispatch issues. Gina located this 'd I pass it along to you for your information and th �ou\ n information. Thank you. Best regards. 0 Very truly yours, ARNOLD & McD/OOWWELL G G. Barry erson GBA:lm Enclosure - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION " CERTIFIED 11 A REAL PROPERTY LAM' SPECIALIST BY THE HII'NE50TA STATE BAR ASSOCIATION .. aa• .ter. rr •' i IU r1JV(�L7G . Valley 9 St. Lours Par rs Golden Va atche olive -tire disp costs are high, to share 1- said. ,.petsoi m was due for ie' l and our sYs ` placement soon• .s eclut� 1 part tovf ,ill mo edllt° St. Louis ?ark. uis Park will hire four new St. pa will , d ,patCher,, ter With two full t;m 24 hours a rovc i' ve Shellurn sand th itst)cit- ens�by better s;� control o�'cr its dis keeping patchers• ch city vnll be based . n The Cost ularion and net tax . Louis }. on p°lprich means ut at per of it tY will pay abo�s. �p�en he ph center sexpo —Darld •ts emerEenc) the northwest sum ft ved reward prheralsosbave mo with the �" urbs cnts similar because charges no dr t county rect fee p new d;spatI StPark s reco�i ly built In, St. ° f the Goldcn9V a Bob She. ariment Said t ley p0sen d Shutt down r made y er. o� center. ., he �,re couldn t So it alone, F-. n +N �t t 0 Valley and Stlice and fu` Golden Will begin a �or in 1994• dispatching operation dis- a,s gnQ a had shared Golden �urieY s v hth N µ Kope, ice drs 1O1U buththe arrangemen opted to for ris useexennePna�hrngty ,dsD l and our sYs ` placement soon• .s eclut� 1 part tovf ,ill mo edllt° St. Louis ?ark. uis Park will hire four new St. pa will , d ,patCher,, ter With two full t;m 24 hours a rovc i' ve Shellurn sand th itst)cit- ens�by better s;� control o�'cr its dis keeping patchers• ch city vnll be based . n The Cost ularion and net tax . Louis }. on p°lprich means ut at per of it tY will pay abo�s. �p�en he ph center sexpo —Darld •ts emerEenc) the northwest sum ft ved reward prheralsosbave mo with the �" urbs cnts similar because charges no dr t county rect fee p new d;spatI StPark s reco�i ly built In, St. ° f the Goldcn9V a Bob She. ariment Said t ley p0sen d Shutt down r made y er. o� center. ., he �,re couldn t So it alone, F-. n +N �t t 0 C July 22, 1993 Gary Swenson, Superintendent Hutchinson School District 423 30 Glen Street Hutchinson, Mn. Dear Supt. Swenson: FpR yoUR /NFn VJI� "PiOT As a follow up to meeting of last week you requested a detail breakdown of the compensation package for Doff Moon. The detail is as follows: Wages (as adjusted 7/21/93) $48,754.80 FICA 3,729.74 PERA 2,184.21 Health Insurance 4,633.32 Dental Insurance 551.76 Life Insurance 123.48 • Long Term Disability 297.40 Total Annual Cost $60,274.71 Cost of workers compensation would be the only other cost an based upon our current LMC policy would be an estimated annual cost of $260. Other benefits include holiday pay 10 1/2 days, 2 weeks of vacation annually, and sick days accrued at 1 per month. All cost above are based upon current costs and benefits. Insurance programs are renewed in September. Sincerely, Kenneth B. Merrill Finance Director C.C. Mayor & City Council Gary Plotz, City Administrator Dolf Moon, Parks /Recreation /Community Education Director City Hall Parks fr Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 537 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed wt wcuded war'er - H r P� .d, C� Lrrmas B �;._ Fresicecr err} Car 41ee P ?esJC cug Voi . Secrer; Theodore R:.;±, Roger GtIr e ;e � yoU9/ July 21, 1993 �FO� Gary Plotz City Administrator City of Hutchinson )37 Wa ington Ave W Hutc nson MN 55350 Gary: 5 B Electric was awarded the contract to install the w street lights. As of July 21, 1993, the wire has been received. The poles and luminaries have not been received. A construction meeting is scheduled for July 22, 199 • at 9:00 A.M. with all affected utilities as it relate to locations of existing installed facilities. B plans to proceed with the installation of the lights in a timely manner from this date. BW /gm Sincerely, HUTCHINSON UTIILI/TIES COMMISSION M. D. "Butch" Wentworth Electric Superintendent • • E C Mike Schall 345 Charles Street Hutchinson, MN 55350 Dear Mike: July 20, 1993 AN? YOUR /IV oi?44 As the City and School District prepare to appoint a joint Parks, Recreation and Community Education Advisory Committee, I would like to survey past Parks & Recreation and Community Education Advisory Council Board Members to see your interest in serving on this newly formed Advisory Council. Please be advised that the City of Hutchinson and Independent School District are currently advertising for ten at large members from the community. If you are interested in Serving on the newly formed Parks, Recreation and Community Education Advisory Council, please contact me at your earliest convenience. Your name will be forwarded to Mayor Paul Ackland and School Board President, Doug Kenning for consideration at the August 10th Council and School Board meeting. I can be reached at either 587 -2975 Parks and Recreation or 587 -5939 Community Education. Sincerely yours, Dolf Moon, Director Parks, Recreation and Community Education cc: Gary Swenson, Supermtendent District 11423 City Hall 37 Washington Avenue West (612) 567 -5151 Parks & Recreation 900 Harrington Street (612) 567 -2975 Hutchinson, Minnesota 55350 Psi rrfeJ on n, r,, par,r - Police Department 10 Franklin Street South (612) 567 -2242 c DATE: July 20, 1993 M E M O R A N D U M TO: Gary Plotz ///^���y FROM: Jim Marka J YVI RE: Sheppard Home Relocation - F. Y. I. G,y The width of the Sheppard home appears to be 31% The attached garage would add an additional 24', totaling a width of 551. The gravel parking lot proposed to be developed (across the street from the is Sheppard home) is 66, wide per the zoning map, thus V -0" short of meeting the 6' -0" interior side setback on either side. Based on the measurements provided, it appears a 1' -0" variance would be necessary, or detaching the garage. JGM /mms City Hall Parks fr Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - r.iu:cd on n' - ;drd J.7"', - 0 Police Department 10 Franklin Street South (612) 587 -2242 July 16, 1993 C. Mr. Ed Homan McLeod County Planning 8 Zoning & Environmental Services 830 -11th Street East Glencoe, MN 55336 Dear Ed, FOR YOUR K -ORMA a At the July 13, 1992, Hutchinson City Council meeting this department was authorized to provide short term technical assistance to help McLeod County facilitate the issuance of permits requiring handicap compliance. This service would not include enforcement nor any legal services. . After reviewing our present work load and after discussion with the City Council, I believe that McLeod County would be best served by contracting with independents such as Mr. Erickson or Mr. Waldron. The high volume of construction activity in Hutchinson, which must remain our top priority, limits our ability to take on added responsibilities. However, for the short term do net hesitate to call. Best regards, /CITY OF HUTCHIINSSON H � ames G. Marka Building Official JGM /mms cc: Marilyn Swanson - For Council Information 7 -27 -93 Mark Hensen City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - P-wtcd n: Police Department 10 Franklin Street South (611) 587 -2242 Julv 12 -1993 T0: Hutchinson Planning Staff City of Hutchingon, MN 37 Washington Ave. West Hutchinson, MN 55350 RE: Your letter of July 7 -1993 Dear Sirs: FOR YOUR INFORMATION m JUL1993 m JR n Lo ea Thank you for the information regarding the two buildings from Hilltop onto Morningside. Also you mentioned up- dating you per our phasing. We are still on the same path we were on with the City Council. That is, the first building will be on lots 17 & 16 and from there we expect co proceed west to Michigan, then back and around Morningside Dr. There was a change from the planning meeting to the council meeting. We told the planning commission we would start at the west end next to Mich- igan and go east and then around the Cul -de -sac. The reason for switching directions was caused by us realizing that if for whatever reason we only built one building it would best be located next to Sandelman's duplex property. Thank you. • �irnrely,j Dean F. Limoges / 8680 Magnolia Tr. #113 Eden Prairie, MN 55344 (612) 941 -9121 cc• P1 ning Commission ity Council ARNOLD & MCDOWELL ATTORNEYS AT LAW 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 (612) 545 -9000 HN TOLL FREE 600 -747 -4348 FAX (612) S48 -1793 July 14, 1993 FOR YOUR INFORMATION John Rodeberg Director of Engineering Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Dakota Rail, Inc. Our File No. 3244 -92066 Dear John: OF COONSRL WIITTAH M. CAMERON RAYMOND C. LALLIER SOE SOUTH POURTH STREET PRINCETON, HIHNESMA SSOTI (612) 789-2214 FAX (612) 369 -3306 101 PARE PLACE RVTCHINSON, MINNESOTA 83730 (612) 381 -7373 PAIC(612)587 -4096 J ftci er Mr. Mills has asked that the city supply him with the underlying calculations behind the assessment in Block 39 which is $5,740.68. • As you no doubt know, this concerns assessment roll number 284 for project 93 -07. Mills was simply attempting to assure himself that he is being assessed for actual railroad property and not for any streets or public right -of -ways or other nonassessable property. I indicated to him I had no difficulty with his request and I would ask that you supply the requested information directly to Mr. Mills at the local address for railroad operations: Dakota Rail, Inc., 25 Adam Street North, Hutchinson, MN 55350. I have separately conveyed to Mr. Mills the offer of the City Council approved at the last City Council meeting. Please call with questions. Best regards. Very_r, ` y—q;purs, G. Barry Anderson GSA /pb • cc: Dakota Rail, Inc. Gary D. Plotz 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE RAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID R. ARROLD D. MCDOWELL •OART STEVEN A. ANDERSON O. RARRT ANDERSON' STEVEN S. EDGE LAURA K.PRETLAND DAVID A. RRGEGOEMANN PAVL D. DOVE" JGSEPH H.PASEMENT JAMES DTLET RICHARD O. MCOEE CATHRYH D. REHER OINA M. RRANDT ARNOLD & MCDOWELL ATTORNEYS AT LAW 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 (612) 545 -9000 HN TOLL FREE 600 -747 -4348 FAX (612) S48 -1793 July 14, 1993 FOR YOUR INFORMATION John Rodeberg Director of Engineering Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Dakota Rail, Inc. Our File No. 3244 -92066 Dear John: OF COONSRL WIITTAH M. CAMERON RAYMOND C. LALLIER SOE SOUTH POURTH STREET PRINCETON, HIHNESMA SSOTI (612) 789-2214 FAX (612) 369 -3306 101 PARE PLACE RVTCHINSON, MINNESOTA 83730 (612) 381 -7373 PAIC(612)587 -4096 J ftci er Mr. Mills has asked that the city supply him with the underlying calculations behind the assessment in Block 39 which is $5,740.68. • As you no doubt know, this concerns assessment roll number 284 for project 93 -07. Mills was simply attempting to assure himself that he is being assessed for actual railroad property and not for any streets or public right -of -ways or other nonassessable property. I indicated to him I had no difficulty with his request and I would ask that you supply the requested information directly to Mr. Mills at the local address for railroad operations: Dakota Rail, Inc., 25 Adam Street North, Hutchinson, MN 55350. I have separately conveyed to Mr. Mills the offer of the City Council approved at the last City Council meeting. Please call with questions. Best regards. Very_r, ` y—q;purs, G. Barry Anderson GSA /pb • cc: Dakota Rail, Inc. Gary D. Plotz 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE RAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Ellie Mills Dakota Rail, Inc. AANOLD & MCDOWELL ATTORNEYS AT LAw 5881 CEDAR LA%E ROAD MINNEAPOLIS, MINNESOTA 554165-1492 (6L2) 545 -9000 MN TOLL ]FREE 600 -560 -6563 rA (612) 566 -1793 July 14, 1993 FOR YOUR INFORMATION 25 Adam Street North Hutchinson, MN 55350 Re: Special Assessment Appeal Matter Our File No. 3244 -92066 Dear Ellie: or COUNSEL WILLIAM W. CAMEEON RAYMOND C. I -I.I ME 50L SOUTH "CUTE STREET ParNCETON, MLYNESUrA 53371 (612)759-22" FA (612) 69 -5306 101 PARE PLACE EUTCHINSON, MINNESOTA 33350 (612) 587 -75TJ FAx (612) 557 -6096 JUL 1993 co RECXIVM In I have had a chance to discuss the pending assessments against Dakota Rail, Inc. property with the Hutchinson City Council. As I understand it, the assessment in Block 39 totalling $5,740.68 is not at issue. You have asked for information regarding how the assessment was calculated and by separate correspondence I have requested that the City Engineer supply this data directly to you. We next move to the assessment against property located in Block 22 which assessment is in the total amount of $11,481.36. This assessment is for sanitary sewer, water main, curb, street and gutter. As I understand it, the property presently is used for railroad purposes, principally cold storage. The property previously was in commercial use having been leased to a fertilizer company. Under Minnesota law, assessments imposed by a city will be upheld only to the extent that they improve the value of the property. Since the property does have some commercial potential, a trial court would likely find some improvement in value. Further, the City Engineer has pointed out to me that among other problems, the present arrangement provides very low water pressure for fire protection purposes and the assessment will pay, in part, for the expense of improving the water pressure. Finally, if the property were to be used for any other purpose other than cold storage (without any associated employment), city ordinance requires that the property be hooked up to municipal water and sewer services and benefit would occur at that point. It is also worth noting that most of the block is not subject to any flood zone restrictions and could be used for development purposes. - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY TEE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID e.A NOLD OART D. McDOWELL • ST. YEN A. ANDERSON O.BARRY ANDERSON' STEVEN S. RODE LAURA K.]FRETLAND DAVID A. DRUEDOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATER". D. REHER OINA M. BRANDT Ellie Mills Dakota Rail, Inc. AANOLD & MCDOWELL ATTORNEYS AT LAw 5881 CEDAR LA%E ROAD MINNEAPOLIS, MINNESOTA 554165-1492 (6L2) 545 -9000 MN TOLL ]FREE 600 -560 -6563 rA (612) 566 -1793 July 14, 1993 FOR YOUR INFORMATION 25 Adam Street North Hutchinson, MN 55350 Re: Special Assessment Appeal Matter Our File No. 3244 -92066 Dear Ellie: or COUNSEL WILLIAM W. CAMEEON RAYMOND C. I -I.I ME 50L SOUTH "CUTE STREET ParNCETON, MLYNESUrA 53371 (612)759-22" FA (612) 69 -5306 101 PARE PLACE EUTCHINSON, MINNESOTA 33350 (612) 587 -75TJ FAx (612) 557 -6096 JUL 1993 co RECXIVM In I have had a chance to discuss the pending assessments against Dakota Rail, Inc. property with the Hutchinson City Council. As I understand it, the assessment in Block 39 totalling $5,740.68 is not at issue. You have asked for information regarding how the assessment was calculated and by separate correspondence I have requested that the City Engineer supply this data directly to you. We next move to the assessment against property located in Block 22 which assessment is in the total amount of $11,481.36. This assessment is for sanitary sewer, water main, curb, street and gutter. As I understand it, the property presently is used for railroad purposes, principally cold storage. The property previously was in commercial use having been leased to a fertilizer company. Under Minnesota law, assessments imposed by a city will be upheld only to the extent that they improve the value of the property. Since the property does have some commercial potential, a trial court would likely find some improvement in value. Further, the City Engineer has pointed out to me that among other problems, the present arrangement provides very low water pressure for fire protection purposes and the assessment will pay, in part, for the expense of improving the water pressure. Finally, if the property were to be used for any other purpose other than cold storage (without any associated employment), city ordinance requires that the property be hooked up to municipal water and sewer services and benefit would occur at that point. It is also worth noting that most of the block is not subject to any flood zone restrictions and could be used for development purposes. - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY TEE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Ellie Mills July 14, 1993 Page 2 Having said all of this, the council acknowledges that the property is presently exclusively devoted to railroad operations and that there is no retail or general commercial use of the property and therefore, it will be difficult to establish benefit to Dakota Rail, Inc. in the amount assessed. I should note that the valuation is supposed to be done on the basis of the highest and best use, but I think it is fair to say that the natural tendency of the court hearing this evidence is to look to the present use of the property and the likelihood that the use will change. Accordingly, the city would make the following offer. This offer is made in settlement of anticipated litigation and for the purpose of avoiding a dispute. If the matter is not resolved on these or other acceptable terms, the city's position will be that it is entitled to the full assessment. The city would propose the following: 1. One -half of the $11,000.00 assessment would be activated and placed on the assessment roll. This would mean the assessment would be paid off over a period of ten years at the rate of 1/10 of the principal plus interest (the interest rate has not been established, but it will be, in all likelihood, less than 6 %). This will leave Dakota Rail with an assessment of approximately $600.00 annually. 2. The balance of the assessment will be deferred pursuant to Minn. Stat. 5429.061 Subd. 2 on the grounds that the property is "undeveloped" and rather than specify a date for activation, the city would agree that the assessment can be activated only if the use of the property changes,. As to procedural matters, the city council agreed to extend the appeal time to and including August 1, 1993 so that the parties have ample time to resolve this matter. Please give me a call and we can visit about this matter. Best personal regards., Very G.;Sarry Anderson • GBA /pb CC: Gary Plotz