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cp03-23-1993 ci -1 IJ TC H I [\I,'-3)01k1 CITY CALENDAR - MEEK OF Marrh 21 O March 27 9 1993 V!EDPIESDAY -24- 10:00 A.M. - Directors Meeting at City Hall SUNDAY -21- rj THURSDAY -25- I"� MONDAY -22- FRIDAY -26- TUOD,' V r 5:00 P.M. - Hospital /Nursing Home Hoard Meeting at Hospital 7:30 P.M. - City Council Meeting at City Hall SATU11DAY -27- CONFERENCE /SEMINAR STEVE MADSON - March 22 -25 MARK SCHNORRICH - March 24 -25 AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 23, 1993 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Tim Caspers, Shalom Baptist Church 3. Consideration of Minutes Regular Meeting of March 9, 1993 and Bid Opening of March 15, 1993 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - February 1993 2. Planning Commission Minutes of February 16, 1993 3. Senior Advisory Board Minutes of January 13, 1993 (b) Report of City Investments (c) On -Sale Intoxicating Liquor License 1. Gold Coin 3. The Underground 2. Victorian Inn 4. Lamplighter Lounge II (d) Set -Up License - Little Crow Bowling Lanes (e) Appointment to Planning Commission Action - Motion to order report and minutes filed, issue licenses, and ratify appointment 5. Public Hearing - 8:00 P.M. (a) Issuance of Industrial Development Revenue Refunding Bonds for Hutchinson Technology, Inc. Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution CITY COUNCIL AGENDA - MARCH 23, 1993 0 6. Communications, Reauests and Petitions (a) Consideration of Request for Two -Hour Parking Signs By Dr. Steve DeKoster Action - Motion to reject - Motion to approve (b) Discussion By Ralph Johnson of Holding 1994 State Amateur Baseball Tournament In Hutchinson Action - Motion to reject - Motion to approve (c) Presentation By Superintendent Gary Swenson And City Administrator Gary Plotz Regarding Concept of Joint Powers Agreement Between School District And City of Hutchinson Action - Motion to reject - Motion to approve 7. Resolutions and Ordinances (a) Ordinance No. 93 -75 - 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 Action - Motion to reject - Motion to waive second reading and adopt (b) Ordinance No. 93 -76 - Amending Liquor License, Section 5.01, Subd. 20 (Restaurant Definition) Action - Motion to reject - Motion to waive second reading and adopt 8. Unfinished Business None 9. New Business (a) Consideration of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service E 0 CITY COUNCIL AGENDA - MARCH 23, 1993 L J (b) Consideration of Issuing Credit On Refuse Bill for Using Blue Recycling Bin Action - Motion to reject - Motion to approve (c) Consideration of Obtaining Appraisal of City -Owned Lot 10, Block 21 Action - (d) Consideration of Retaining Independent Counsel Regarding Renewal of Cable Franchise Action - Motion to reject - Motion to approve (e) Consideration of Adjustment of Water Rates Action - Motion to reject - Motion to approve (f) Consideration of Setting Public Hearing Date for On -Sale Intoxicating Liquor License Application from Michael Gene Fasching for J's Pizza Bar & Grill Action - Motion to reject - Motion to approve and set public hearing for April 13, 1993 at 8:00 P.M. (g) Consideration of Awarding Bid for Rotary Park Playground Equipment Action - Motion to reject - Motion to approve (h) Consideration of Awarding Bid for Park Department Tractor Action - Motion to reject - Motion to approve (i) Consideration of Annexation of Wigen Property Requested By City Staff Action - Motion to reject - Motion to approve and refer to Municipal Board (j) Consideration of Preliminary And Final Plat of Oakridge Submitted By James Johnson with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9907 3 CITY COUNCIL AGENDA - MARCH 23, 1993 • (k) Consideration of Rezoning from R -3 to R -4 In Twin Oaks Addition Requested By James Johnson with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for April 13, 1993 (1) Consideration of Conditional Use Permit Requested By James Johnson for Construction of 92 -Unit Rental Townhouses On Texas Avenue with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9908 (m) Consideration of Variance Requested By W. A. Helland for Construction of House Located At 1200 Seventh Avenue NW with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9909 (n) Consideration of Amendment to Zoning Ordinance Requested By City Staff to Change Dwelling Unit Density from 4,500 Square Feet to 4,000 Square Feet In R -3 District with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for April 13, 1993 (o) Consideration of Conditional Use Permit Requested By McLeod Group Home for Residents School with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9910 (p) Consideration of Conditional Use Permit Requested By McLeod County for Construction of Household Hazardous Waste Facility In Fair Grounds Addition with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9911 4 0 • CITY COUNCIL AGENDA - MARCH 23, 1993 (q) Consideration of Sketch Plan Submitted By LeRoy Christensen Within Two Mile Radius (Hutchinson Township) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (r) Consideration of Reverse Naig Settlement Agreement Action - Motion to reject - Motion to approve and enter into agreement 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment 0 0 5 • MINUTES BID OPENING MONDAY, MARCH 15, 1993 The meeting was called to order at 2:00 P.M. by City Administrator Gary D. Plotz. Also present were Finance Director Kenneth B. Merrill and Parks & Recreation Director Dolf Moon. The reading of Publication No. 4483, Advertisement for Bids, Playground Equipment Rotary Park, was dispensed with. The follow- ing bids were opened and read: Minnesota Playground New Hope, MN $26,718.04 Earl F. Anderson Bloomington, MN $26,872.33 The bids were referred to staff for review and recommendation. The meeting adjourned at 2:05 P.M. • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 9, 1993 1. The meeting was called to order at 7:30 P.M. by Vice - President Mlinar. The following were present: Vice - President John Mlinar, Councilmen Craig Lenz, Marlin Torgerson, and Don Erickson. Absent: Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Tim Caspers. 3. MINUTES The minutes of the regular meeting of February 23, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - FEBRUARY 1993 2. HOSPITAL /NURSING HOME BOARD MINUTES OF JANUARY 19, 1993 3. PARK & RECREATION BOARD MINUTES OF JANUARY 27, 1993 The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to order report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) DISCUSSION OF LIQUOR STORE REPORT BY CHARLES GRINSTEAD Consultant Charles Grinstead presented a report on the new liquor store. He stressed pricing, marketing and a change of image as important considerations from the results of the customer questionnaire. It was the con- sultant's recommendation to hold a grand opening about April 22 through the end of the month. (b) CONSIDERATION OF REQUEST BY ASSEMBLY OF GOD CHURCH TO USE LIBRARY SQUARE Z�_3- CITY COUNCIL MINUTES - MARCH 9, 1993 l J The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the request. (c) CONSIDERATION OF REQUEST BY ABATE MOTORCYCLE CLUB TO HOLD MAY FUND RAISER IN HUTCHINSON Following discussion, Councilman Torgerson moved to table until the next meeting. Motion seconded by Councilman Lenz and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9901 - RESOLUTION FOR PURCHASE The motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9902 - AUTHORIZING SUBSTITUTION OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ISSUING INTOXICATING LIQUOR LICENSE FOR DAVID M. SOWERS AND RICHARD S. BLACK, DBA THE FLYERS /HI TOPS BAR & GRILL (DEFERRED FEBRUARY 23, 1993) City Administrator Plotz stated the applicant had received a 30 -day temporary restaurant license, but the City did not have an insurance certificate or a partner- ship agreement from them. Police Chief Steve Madson reported he and the Building Official had inspected the site and some of the building code items on the list had been completed. There were certain outside repairs which could not be done until spring. Chief Madson had received a FAX copy of a binder of insurance effective April 1, 1993; however, the license cannot be issued until the City receives the official copy of the insurance binder. The residence requirement had been satisfied, but the City still needed Articles of Incorporation from the applicants. He had reviewed the proposed menu to determine it met the ordinance requirements for food. It was recommended to 2 9 CITY COUNCIL MINUTES - MARCH 9, 1993 issue a conditional license which would be reviewed in 90 days. Following discussion, Councilman Torgerson moved to approve issuance of a liquor license contingent upon the foregoing requirements being met. Motion seconded by Councilman Lenz and unanimously carried. City Attorney Anderson requested the license holder sign an acknowledgment that the City would allow the sale of alcoholic beverages by issuing a conditional and temporary liquor license if satisfactory assurance was provided that the uncompleted building improvements and corrections would be constructed and installed no later than July 1, 1993. If the conditions were not met, the license holder would agree to voluntarily relinquish the license at issue. 9. NEW BUSINESS (a) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 93 -05, LETTING NO. 4 (SOUTH GRADE ROAD) Tim Chalupnik, engineer for TKDA, presented a feasibility report on the proposed improvements for South Grade Road. Because of safety concerns, TKDA did not recommend removal of the raised median at the intersection of T.H. 15 and South Grade Road. He also addressed the access to properties along Lynn Road. Greg Pearce, owner of Hutchinson Health & Fitness Club, expressed concern of closing the one entrance in front of his business. He stated it would decrease the value of the property and reduce the number of parking spaces. There was no sidewalk in front when he bought the build- ing. Earl Fitzloff, owner of Hardware Hank, noted he had given property for Lynn Road and paid assessments. He felt the engineer was not concerned about the three businesses. Mr. Fitzloff suggested using Fifth Avenue for truck traffic. Following discussion, Councilman Erickson moved to accept the report, to call for a hearing on project No. 93 -05 for April 13, 1993 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9905 and No. 9906. Motion 0 seconded by Councilman Lenz and unanimously carried. 3 CITY COUNCIL MINUTES - MARCH 9, 1993 (b) CONSIDERATION OF ISSUING CREDIT ON REFUSE BILL FOR USING BLUE RECYCLING BIN The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to table to the next meeting. (c) CONSIDERATION OF AUTHORIZING NOTICE OF CATV VIOLATIONS AND NON - COMPLIANCE WITH LOCAL FRANCHISE AGREEMENT Following discussion, Councilman Torgerson moved to approve and direct the City Attorney to send the Notice of Franchise Violation of non - compliance. Motion sec- onded by Councilman Lenz and unanimously carried. (d) CONSIDERATION OF SETTING SPECIAL COUNCIL MEETING FOR MARCH 15 WITH WOLD ARCHITECTS The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve and set a special meeting on March 15, 1993 at 5:15 P.M. (e) CONSIDERATION OF RESOLUTION SUPPORTING APPLICATION TO SOUTHWEST MINNESOTA INITIATIVE FUND FOR AMS COATING SYSTEMS (WOOD -N- WALLS, INC.) Following discussion, Councilman Erickson moved to approve and to waive reading and adopt Resolution No. 9903. Motion seconded by Councilman Torgerson and unan- imously carried. (f) CONSIDERATION OF RESULTS FROM YOUTH CENTER SURVEY Dolf Moon and John Arlt presented the results of the recent youth survey to the City Council. They will come back with a recommendation from other entities to help the Council determine the future use of the old fire station. (g) CONSIDERATION OF 1993 RURAL FIRE DEPARTMENT BUDGET Following discussion, Councilman Lenz moved to approve the budget. Motion seconded by Councilman Erickson and unanimously carried. (h) CONSIDERATION OF OMAR COLLIS ISSUES (SHOPKO PROJECT) Attorney Anderson commented on the retained funds on the property purchased from Omar Collis for the Shopko 4 0 CITY COUNCIL MINUTES - MARCH 9, 1993 project. It was his recommendation to authorize the payment of 75 percent of the funds being held and to hold 25 percent until the City receives approval from Twin City Testing. Following discussion, Councilman Lenz moved to approve the recommendation of the City Attorney. Motion seconded by Councilman Torgerson and unanimously carried. (i) CONSIDERATION OF ASSESSMENT AGREEMENT ANNULMENT AND REASSESSMENT FOR SCHANTZEN AND SCHANTZEN Following discussion, Councilman Erickson moved to approve the reassessment agreement. Motion seconded by Councilman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the Lynn Township Board approved a waiver of the 90 -day waiting period for annex- ation of the Roger Stearns property. Therefore, the City is Council could proceed with the first reading of Ordinance No. 93 -75. The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive the first reading of Ordinance No. 93 -75 and set second read- ing for March 23, 1993. Mr. Plotz stated the current liquor license holder for J's Sports Bar would not be renewing his license. A new applicant will be applying for a license at the next meeting. Reference was made to the letter received from the Minnesota Pollution Control Agency regarding Mike's Mobil site. In conversation with Bill Fellows, it was deter- mined he had not reviewed the November and December reports when the letter was written. (b) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson commented on the Sheppard property and the potential of moving the house onto the City -owned parking lot across the street for resale. Following dis- cussion, it was the consensus of the Council to purchase the property at the appraised price. 5 CITY COUNCIL MINUTES - MARCH 9, 1993 0 Councilman Torgerson requested a report from the HCDC regarding the status of Jay Freedland's relocation issue for the next Council meeting. After discussion on the future use of the old City Hall building, it was determined to let City staff set a date for an open house or public hearing for citizens' input. A recommendation will be presented at the next Council meeting. Councilman Torgerson inquired if Perkins was consider- ing Hutchinson as a location. Engineer Rodeberg stated a local party had considered putting one in town, but nothing has developed. (c) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON upon inquiry from Councilman Erickson regarding develop- ment projects, Engineer Rodeberg gave an update on all the current projects. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson presented a draft of Ordinance No. 93- 76 which would amend the intoxicating liquor ordinance to require at least 40 percent of receipts be for food sales and 60 percent for liquor sales. He suggested inviting the liquor license holders to attend the second reading of the ordinance. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive first reading of Ordinance No. 93 -76 and set second read- ing for March 23, 1993. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg requested approval of the airport expansion agreements for state financial assistance for airport improvement and the federal aviation administra- tion grant. Councilman Erickson moved to approve and enter into agreement. Motion seconded by Councilman Lenz and unani- mously carried. It was reported a MN /DOT survey revealed a horse corral located on the Johnson property had a 50 foot encroach- ment onto airport property. The City Attorney will 6 0 CITY COUNCIL MINUTES - MARCH 9, 1993 i review the situation and come back with a recommendation. The Director of Engineering reported the City had saved the lightning rod and a wooden pulley from the Farmers Elevator when it was demolished in 1992. These articles were donated to the McLeod County Historical Society, and it has requested a signed release for deed of gift. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to approve signing a release letter for deed of gift. Engineer Rodeberg requested permission for the City to also give the Historical Society the plaque off the old water tower and the plaque of the City's first paving project. The motion was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried, to donate the two plaques to the McLeod County Historical Society. Following discussion of project No. 93 -10, Councilman Erickson moved to rescind approval of project No. 93 -10 and to delay the improvement until next year. Motion seconded by Councilman Lenz and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Administrator Plotz requested payment of $2,618.75 to Gene Minnick's Painting for painting the new liquor store which was not included in the verified claims. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds, including Minnick's invoice. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M. 7 JANUARY 1993 CITY OF HUTCHINSON FINANCIAL REPORTS JANUARY 1993 24,925.00 YOUTH CENTER - "DRY" DOCK" 14.0% OPERATING SUPPLIES • 409.24 4,300.00 3,890.76 9.5% OTHER SERVICES & CHARGES REVENUE REPORT CURRENT YEAR TO 8,298.64 BALANCE PERCENTAGE 36.10 JANUARY DATE ACTUAL BUDGET REMAINING USED MEMBERSHIPS 0.00 0.00 0.00 0.00 ERR ADMISSIONS 577.00 577.00 1,000.00 423.00 57.7% VIDEO GAMES 0.00 0.00 0.00 0.00 ERR POP 120.45 120.45 1,700.00 1,579.55 7.1% CANDY 81.05 81.05 1,200.00 1,118.95 6.8% CHIPS, ETC. 70.71 70.71 3,900.00 3,829.29 1.8% INTEREST 0.00 0.00 0.00 0.00 ERR BLDG RENTS 0.00 0.00 0.00 0.00 FUND RAISERS /GRANT 0.00 0.00 0.00 CONTRIBUTIONS 18,000.00 18,000.00 34,000.00 16,000.00 52.9% TOTAL 18,849.21 18,849.21 41,800.00 22,950.79 45.1% EXPENSE REPORT PERSONNEL SERVICES 3,485.07 3,485.07 24,925.00 21,439.93 14.0% OPERATING SUPPLIES 409.24 409.24 4,300.00 3,890.76 9.5% OTHER SERVICES & CHARGES 2,201.36 2,201.36 10,500.00 8,298.64 21.0% MISCELLANEOUS 36.10 36.10 825.00 788.90 4.4% CAPITAL OUTLAY 0.00 0.00 1,250.00 1,250.00 • TOTAL 6,131.77 6,131.77 41,800.00 35,668.23 14.7% YOUTHCTR ATTENDANCE Y.T.D 20 DATES 466 466 • JANUARY 1993 CITY OF HUTCHINSON FINANCIAL REPORT - 1993 JANUARY 1 ENTERPRISE FUNDS 10.5% SUPPLIES, REPAIR & MAINTENANCE 90.85 90.85 2,300.00 VENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAG JANUARY DATE ACTUAL BUDGET REMAINING USED 215.95 215.95 17,600.00 LIQUOR SALES 37,605.10 37,605.10 530,000.00 492,394.90 7.1% WINE SALES 8,712.55 8,712.55 156,000.00 147,287.45 5.6% BEER SALES 50,433.88 50,433.88 860,000.00 809,566.12 5.9% BEER DEPOSITS (41.48) (41.48) 0.00 41.48 ERR MISC. SALES 4,076.40 4,076.40 54,000.00 49,923.60 7.5% LOTTERY SALES 1,222.50 1,222.50 4,000.00 2,777.50 30.6% INTEREST 409.92 409.92 1,500.00 1,090.08 27.3% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 ERR BOND SALES 0.00 350,000.00 350,000.00 0.0% CASH DISCOUNTS (102.26) (102.26) (2,100.00) (1,997.74) 4.9% TOTAL 102,316.61 102,316.61 1,953,400.00 1,851,083.39 5.2% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 14,780.15 14,780.15 140,708.00 125,927.85 10.5% SUPPLIES, REPAIR & MAINTENANCE 90.85 90.85 2,300.00 2,209.15 4.0% OTHER SERVICES & CHARGES 1,357.92 1,357.92 42,250.00 40,892.08 3.2% MISCELLANEOUS 215.95 215.95 17,600.00 17,384.05 1.2% PITAL OUTLAY 0.00 0.00 438,000.00 438,000.00 0.0% SERVICE 0.00 17,000.00 17,000.00 0.0% W AT NSFERS 0.00 0.00 120,000.00 120,000.00 0.0% COST OF SALES 64,889.79 64,889.79 1,223,100.00 1,158,210.21 5.3% OTHER 0.00 0.00 4,500.00 4,500.00 0.0% TOTAL REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS WATER SALES WATER TREATMENT SURCHARGE WATER METER SALES REFUSE SERVICES REFUSE SURCHARGE REFUSE STICKER SALES SEWER SERVICES PENALTY CHARGES INTEREST EARNED S C O R E REFUNDS & REIMBURSEMENTS PROCEEDS FROM BOND SALE OTHER TOTAL IMENSE REPORT - WATER SEWER /FUND REFUSE WATER SEWER 81,334.66 0.00 33,595.75 1,203.52 2,189.00 24,381.56 2,770.69 118.00 141,578.23 1,130.55 690.62 207,657.92 81,334.66 2,005,458.00 1,924,123.34 0.00 0.00 0.00 33,595.75 540,000.00 506,404.25 2,189.00 8,000.00 5,811.00 24,381.56 418,000.00 393,618.44 2,770.69 50,000.00 47,229.31 141,578.23 1,590,000.00 1,130.55 15,000.00 0.00 120,000.00 0.00 113,040.00 0.00 3,000.00 0.00 700,000.00 690.62 2,000.00 1,448,421.77 13,869.45 120,000.00 113,040.00 3,000.00 700,000.00 1,309.38 4.1% 0.0% 6.2% 27.4% 5.8% 5.5% 8.9% 7.5% 0.0% 0.0% 0.0% 0.0% 34.5% 207,657.92 3,559,040.00 3,351,382.08 5.8% 25,367.00 25,367.00 413,040.00 387,673.00 6.1% 40,171.00 40,171.00 1,556,053.00 1,515,882.00 2.6% 56,350.00 56,350.00 1,953,220.00 1,896,870.00 2.9% TOTAL 121,888.00 121,888.00 3,922,313.00 3,800,425.00 3.1% JANUARY 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 rC.➢IF1I EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADMINISTRATOR ELECTIONS FINANCE MOTOR VEHICE ASSESSING LEGAL ANNING TY HALL RECREATION BUILDING POLICE DEPARTMENT FIRE DEPARTMENT SCHOOL LIAISON OFFICER BUILDING INSPECTION EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE MARSHAL ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C LIBRARY SENIOR CITIZENS CENTER PARK /REC ADMIN. RECREATION CIVIC ARENA PARK DEPARTMENT STREAMBANK PROGRAM GRANT CEMETERY COMMUNITY DEVELOPMENT DEBT SERVICE AIRPORT TRANSIT NERGY COUNCIL C.D.P. COORDINATOR UNALLOCATED TOTAL CITY OF HUTCHINSON FINANCIAL STATEMENTS 1993 JANUARY YEAR TO ADOPTED MONTH DATE ACTUAL BUDGET JANUARY 1993 BALANCE PERCENTAGE REMAINING USED 4,548.48 4,548.48 1,897,032.00 1,892,483.52 125.00 125.00 22,650.00 22,525.00 1,422.65 1,422.65 106,800.00 105,377.35 34,884.00 34,884.00 1,323,300.00 1,288,416.00 36,872.14 36,872.14 849,826.00 812,953.86 0.00 0.00 50,800.00 50,800.00 1,137.07 1,137.07 94,650.00 93,512.93 13.1% 0.00 517,000.00 517,000.00 23,000.00 0.00 250.00 250.00 53,800.00 40,567.00 0.00 268.00 78,989.34 78,989.34 4,862,308.00 4,783,318.66 4,022.00 4,022.00 44,800.00 40,778.00 9.0% 21,009.00 21,009.00 184,722.00 163,713.00 11.4% 1,300.00 1,300.00 5,980.00 4,680.00 21.7% 26,733.00 26,733.00 262,239.00 235,506.00 10.2% 8,789.00 8,789.00 67,056.00 58,267.00 13.1% 0.00 0.00 23,000.00 23,000.00 0.0% 13,233.00 13,233.00 53,800.00 40,567.00 24.6% 268.00 268.00 6,950.00 6,682.00 3.9% 4,681.00 4,681.00 49,203.00 44,522.00 9.5% 4,316.00 4,316.00 71,871.00 67,555.00 6.0% 125,503.00 125,503.00 1,151,811.00 1,026,308.00 10.9% 13,960.00 13,960.00 160,139.00 146,179.00 8.7% 3,988.00 3,988.00 36,130.00 32,142.00 11.0% 11,392.00 11,392.00 104,208.00 92,816.00 10.9% 0.00 0.00 1,750.00 1,750.00 0.0% 0.00 0.00 250.00 250.00 0.0% 4,455.00 4,455.00 29,969.00 25,514.00 14.9% 25,851.00 25,851.00 306,651.00 280,800.00 8.4% 36,896.00 36,896.00 459,801.00 422,905.00 8.0% 4,963.00 4,963.00 80,000.00 75,037.00 6.2% 1,694.00 1,694.00 85,204.00 83,510.00 2.0% 7,505.00 7,505.00 92,572.00 85,067.00 8.1% 11,349.00 11,349.00 111,859.00 100,510.00 10.1% 7,769.00 7,769.00 181,008.00 173,239.00 4.3% 23,652.00 23,652.00 130,304.00 106,652.00 18.2% 38,844.00 38,844.00 489,603.00 450,759.00 7.9% 703.00 703.00 0.00 4,529.00 4,529.00 66,976.00 62,447.00 6.8% 1,399.00 1,399.00 32,570.00 31,171.00 4.3% 700.00 700.00 43,235.00 42,535.00 1.6% 2,534.00 2,534.00 51,750.00 49,216.00 4.9% 23,403.00 23,403.00 114,640.00 91,237.00 20.4% 0.00 0.00 0.00 0.00 ERR 5,124.00 5,124.00 0.00 (5,124.00) ERR 72,727.00 72,727.00 406,932.00 334,205.00 17.9% 513,291.00 513,291.00 4,906,983.00 4,394,395.00 10.5% FEBURARY 1993 • REVENUE REPORT MEMBERSHIPS ADMISSIONS VIDEO GAMES POP CANDY CHIPS, ETC. INTEREST BLDG RENTS FUND RAISERS /GRANT CONTRIBUTIONS TOTAL EXPENSE REPORT PERSONNEL SERVICES OPERATING SUPPLIES OTHER SERVICES & CHARGES MISCELLANEOUS • CAPITAL OUTLAY TOTAL YOUTHCTR 21 DATES • CITY OF HUTCHINSON FINANCIAL REPORTS FEBURARY 1993 YOUTH CENTER - "DRY DOCK" CURRENT YEAR TO MONTH -FEB. DATE ACTUAL BUDGET 0.00 0.00 0.00 431.00 1,008.00 1,000.00 0.00 0.00 0.00 117.50 237.95 1,700.00 141.60 222.65 1,200.00 86.58 157.29 3,900.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,500.00 22,500.00 34,000.00 BALANCE PERCENTAGE REMAINING USED 0.00 ERR (8.00) 100.8% 0.00 ERR 1,462.05 14.0% 977.35 18.6% 3,742.71 4.0% 0.00 ERR 0.00 0.00 11,500.00 66.2% 5,276.68 24,125.89 41,800.00 17,674.11 57.7% 2,477.72 365.10 1,152.91 0.00 0.00 3,995.73 5,962.79 774.34 3,354.27 36.10 0.00 10,127.50 ATTENDANCE Y.T.D 455 921 24,925.00 4,300.00 10,500.00 825.00 1,250.00 41,800.00 18,962.21 23.9% 3,525.66 18.0% 7,145.73 31.9% 788.90 4.4% 1,250.00 31,672.50 24.2% FEBRUARY 1993 CITY OF HUTCHINSON FINANCIAL REPORT - 1993 FEBRUARY ENTERPRISE FUNDS 0ENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAG MONTH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 33,122.94 70,728.04 530,000.00 459,271.96 13.3% WINE SALES 8,299.88 17,012.43 156,000.00 138,987.57 10.9% BEER SALES 44,154.25 94,588.13 860,000.00 765,411.87 11.0% BEER DEPOSIT (10.98) (52.46) 0.00 52.46 ERR MISC. SALES 3,430.34 7,506.74 54,000.00 46,493.26 13.9% LOTTERY SALES (25.70) 1,196.80 4,000.00 2,803.20 29.9% INTEREST 4,473.55 4,883.47 1,500.00 (3,383.47) 325.6% REFUNDS & REIMBURSEMENTS (28.76) (28.76) 0.00 28.76 ERR BOND SALES 0.00 0.00 350,000.00 350,000.00 0.0% CASH DISCOUNTS (140.67) (242.93) (2,100.00) (1,857.07) 11.6% TOTAL 93,274.85 195,591.46 1,953,400.00 1,757,808.54 10.0% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 7,693.07 22,473.22 140,708.00 118,234.78 16.0% EPAR & MAINTENANCE 58.81 149.66 2,300.00 2,150.34 6.5% OTHER SERVICES & CHARGES 4,041.70 5,399.62 42,250.00 36,850.38 12.8% MISCELLANEOUS 25.00 240.95 17,600.00 17,359.05 1.4% CAPITAL OUTLAY 0.00 0.00 438,000.00 438,000.00 0.0% SERVICE 0.00 0.00 17,000.00 17,000.00 0.0% SEERS 0.00 0.00 120,000.00 120,000.00 0.0% COST OF SALES 64,239.04 129,128.83 1,223,100.00 1,093,971.17 10.6% OTHER 0.00 0.00 4,500.00 4,500.00 0.0% TOTAL 76,057.62 157,392.28 2,005,458.00 1,848,065.72 7.8% REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS 0.45 0.45 0.00 (0.45) 0.0% WATER SALES 37,223.96 70,819.71 540,000.00 469,180.29 13.1% WATER TREATMENT SURCHARGE 1,616.34 2,819.86 WATER METER 160.00 2,349.00 8,000.00 5,651.00 29.4% REFUSE SERVICES 40,040.90 64,422.46 418,000.00 353,577.54 15.4% REFUSE SURCHARGE 4,594.99 7,365.68 50,000.00 42,634.32 14.7% REFUSE STICKER SALES 102.00 220.00 SEWER SERVICES 152,937.22 294,515.45 1,590,000.00 1,295,484.55 18.5% PENALTY CHARGES 1,297.96 2,428.51 15,000.00 - 12,571.49 16.2% INTEREST EARNED 0.00 0.00 120,000.00 120,000.00 0.0% S C 0 R E 0.00 0.00 113,040.00 113,040.00 0.0% REFUNDS & REIMBURSEMENTS 4,528.00 4,528.00 3,000.00 (1,528.00) 150.9% PROCEEDS FROM BOND SALE 0.00 0.00 700,000.00 700,000.00 0.0% OTHER 715.00 1,405.62 2,000.00 594.38 70.3% TOTAL 243,216.82 450.874.74 3,559,040.00 3,108,165.26 12.7% ESSE REPORT - WATER SEWER /FUND REFUSE 37,668.00 63,035.00 413,040.00 350,005.00 15.3% WATER 19,899.00 60,070.00 1,556,053.00 1,495,983.00 3.9% SEWER 353,973.00 410,323.00 1,953,220.00 1,542,897.00 21.0% TOTAL 411,540.00 533,428.00 3,922,313.00 3,388,885.00 13.6% FEBRUARY 1993 CITY OF HUTCHINSON FINANCIAL STATEMENTS 44,800.00 FEBRUARY 199 16.4% 14,516.00 1993 184,722.00 149,197.00 19.2% NUE REPORT - GENERAL CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE 51,277.00 MONTH -FEB. DATE ACTUAL BUDGET REMAINING USED TAXES 319.36 4,867.84 1,897,032.00 1,892,164.16 0.3% LICENSES (750.00) (625.00) 22,650.00 23,275.00 -2.8% PERMITS AND FEES 6,539.59 7,962.24 127,400.00 119,437.76 6.2% INTERGOVERNMENT REVENUE 22,965.00 57,849.00 1,258,800.00 1,200,951.00 4.6% CHARGES FOR SERVICES 31,299.24 68,171.38 783,575.00 715,403.62 8.7% FINES & FORFEITS 3,693.14 3,693.14 50,800.00 47,106.86 7.3% MISCELLANEOUS REVENUES 50,737.54 51,874.61 140,301.00 88,426.39 37.0% CONTRIBUTIONS FROM OTHER FUNDS 500.00 500.00 517,000.00 516,500.00 0.1% REVENUE FOR OTHER AGENCIES 209.66 209.66 250.00 40.34 83.9% TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADMINISTRATOR ELECTIONS FINANCE MOTOR VEHICE ASSESSING L NING POLICE DEPARTMENT SAFETY COUNCIL SCHOOL LIAISON OFFICER EMERGENCY MANAGEMENT FIRE DEPARTMENT FIRE MARSHAL BUILDING INSPECTION ENGINEERING 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 UNITY DEVELOPMENT D.P. COORDINATOR LOAN UNALLOCATED 115,513.53 194,502.87 4,797,808.00 4,603,305.13 4.1% 3,305.00 7,327.00 44,800.00 37,473.00 16.4% 14,516.00 35,525.00 184,722.00 149,197.00 19.2% 0.00 1,300.00 5,980.00 4,680.00 21.7% 24,544.00 51,277.00 262,239.00 210,962.00 19.6% 6,389.00 15,178.00 67,056.00 51,878.00 22.6% 0.00 0.00 23,000.00 23,000.00 0.0% 3,276.00 16,509.00 53,800.00 37,291.00 30.7% 361.00 629.00 6,950.00 6,321.00 9.1% 84,173.00 209,676.00 1,151,811.00 942,135.00 18.2% 0.00 0.00 250.00 250.00 0.0% 2,751.00 6,739.00 36,130.00 29,391.00 18.7% 0.00 0.00 1,750.00 1,750.00 0.0% 3,679.00 17,639.00 160,139.00 142,500.00 11.0% 65.00 4,520.00 29,969.00 25,449.00 15.1% 7,731.00 19,123.00 104,208.00 85,085.00 18.4% 18,518.00 44,369.00 306,651.00 262,282.00 14.5% 39,036.00 75,932.00 459,801.00 383,869.00 16.5% 6,885.00 11,848.00 80,000.00 68,152.00 14.8% 3,728.00 8,409.00 49,203.00 40,794.00 17.1% 10,002.00 21,351.00 111,859.00 90,508.00 19.1% 8,359.00 16,128.00 181,008.00 164,880.00 8.9% 6,653.00 14,158.00 92,572.00 78,414.00 15.3% 16,335.00 39,987.00 130,304.00 90,317.00 30.7% 39,395.00 78,239.00 489,603.00 411,364.00 16.0% 3,530.00 7,846.00 71,871.00 64,025.00 10.9% 19,894.00 21,588.00 85,204.00 63,616.00 25.3% 3,776.00 8,305.00 66,976.00 58,671.00 12.4% 700.00 1,400.00 43,235.00 41,835.00 3.2% 4,986.00 7,520.00 51,750.00 44,230.00 14.5% (2,009.00) 21,394.00 114,640.00 93,246.00 18.7% 1,543.00 2,942.00 32,570.00 29,628.00 9.0% 8,083.00 13,207.00 0.00 (13,207.00) ERR 2,143.00 74,870.00 406,932.00 332,062.00 18.4% TOTAL 342,347.00 855,638.00 4,906,983.00 4,052,048.00 17.4% MINUTES "OR YOUR IfV" HUTCHINSON PLANNING COMMISSION Tuesday, February 16, 1993 0ii 41Tit•,� 1. CALL TO ORDER The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Dean Wood, Bill Craig, Roland Ebent, E1Roy Dobratz, Roger Gilmer, Craig Lenz and Chairman Gruett. Members Absent: None Also Present: Gary Plotz, City Administrator, John Rodeberg, City Engineer, and Jim Marka, Building Official. 2. MINUTES Mr. Craig made a motion to approve the minutes of the regular meeting dated Tuesday, January 19, 1993. Seconded by Mr. Ebent the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF REZONING FROM R -3 TO R -4 REQUESTED BY AUGUSTA BUILDING CORPORATION FOR PROPERTY SOUTH OF PLAZA HEIGHTS ADDITION Chairman Gruett reopened the hearing at 5:31 p.m. with the reading of publication #4472 as published in the Hutchinson Leader on Thursday, January 7, 1993. The request is for the purpose of considering rezoning from R -3 to R -4 property south of Plaza Heights. City Administrator Gary Plotz commented on the proposal and staff recommendation to continue the hearing until a complete site plan is submitted. Mr. Greg Solsrud, Augusta Building Corporation, stated he is working with staff and asked to continue the hearing to the March meeting. Mr. Craig made a motion to continue the hearing for 30 days only, seconded by Mr. Dobratz the motion carried unanimously. (b) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CONNIE CAMPA, KARATE SCHOOL, HWY 15 N Chairman Gruett reopened the hearing at 5:35 p.m. with the reading of publication #4473 as published in the Hutchinson Leader on Thursday, January 7, 1993. The request is for a conditional use permit to allow the owner to construct a karate school located on Hwy 15 N. 1 PLANNING COMMISSION MINUTES February 16, 1993 City Administrator Gary Plotz commented on the location and the recommendation of staff regarding a complete site plan being submitted. Building Official Jim Marka stated the building structure has changed but recommends to continue the hearing. Mr. Craig moved to continue the hearing to March, seconded by Mr. Lenz the motion carried unanimously. (c) CONSIDERATION OF REZONING FROM R -3 TO R -4 IN TWIN OAKS ADDITION REQUESTED BY JAMES JOHNSON Chairman Gruett opened the hearing at 5:36 p.m. with the reading of publication #447 as published in the Hutchinson Leader on Thursday, February 4, 1993. The request is for the purpose of considering a rezoning from R -3 to R -4 property in Twin Oaks Addition. City Administrator Gary Plotz explained staff recommendation that platting be completed. Mr. James Johnson, owner of the property, commented on staff recommendations regarding the Oakridge plat. Building Official Marka commented on the questions of rezoning Twin Oaks. There was discussion on the present property and density. Mr. Lenz made a motion to continue the hearing to March, seconded by Mr. Ebent the motion carried unanimously. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "OAKRIDGE" SUBMITTED BY JAMES JOHNSON Mr. Lenz made a motion to continue the hearing to March along with the rezoning, seconded by Mr. Ebent the motion carried unanimously. (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SHAWN HEAIRET TO MOVE A 1975 TRAILER HOME TO COUNTRY CLUB TERRACE Chairman Gruett opened the hearing at 5:44 p.m. with the reading of publication #4478 as published in the Hutchinson Leader on Thursday, February 4, 1993. The request is for the purpose of moving a 1975 Freedom trailer home unto a lot in Country Club Terrace. 2 PLANNING COMMISSION MINUTES February 16, 1993 MCity Administrator Gary Plotz explained the request and the staff recommendations of meeting Life Safety requirements. Mr. Plotz presented pictures of the home. Mr. Shawn Heairet, owner of the trailer home, commented on the status of the staff recommendations. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 5:46 p.m. Mr. Craig made a motion to approve the request subject to staff recommendations of meeting the 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, and verify double glaze windows. Seconded by Mr. Gilmer the motion carried unanimously. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID KNOOP AND DOUG THOMPSON FOR CONSTRUCTION OF BURGER KING RESTAURANT ON HWY 7 W Chairman Gruett opened the hearing at 5:47 p.m. with the reading of publication # 4479 as published in the Hutchinson Leader on Thursday, February 4, 1993. The request is for the purpose of constructing a Burger King restaurant located on Hwy 7 W. City Administrator Plotz explained the proposal and presented the revised site drawing showing 10 additional parking spaces. Building Official Marka stated the zoning ordinance is unclear on the parking requirements for a fast food restaurant. He commented on his conversation with Mr. Bill Weber regarding the intent of the revision in the ordinance. Mr. Marka also commented on the problems of snow removal. Mr. Thompson, developer, stated the way add more parking would be to purchase additional land. City Engineer John Rodeberg stated the ponding would be in the parking lot. He commented that a 5' setback from the curb to property line would be sufficient. Building Official Marka commented on the railroad easements. Mr. Knoop, developer, commented on the future plans for one curb cut on Hwy 7 in 1997 as per his conversation with MN Dot. • 3 PLANNING COMMISSION MINUTES February 16, 1993 Mr. Marka commented on the staff recommendations and stated the revised site plan does meet the ordinance requirements. Mr. John Muske, 70 - 4th Ave NW, neighboring property owner, commented on his and other neighboring property owner's concerns as follows: - traffic increase on Hwy 7 (he would encourage the majority of traffic to go on 3rd Ave.) - safety of the children crossing Hwy 7 - noise in the parking lot and how that would be controlled - headlights facing the residential district as they come through the drive thru Mr. Bob Hornick, neighboring property owner, questioned the parking that would be eliminated when Hwy 7 is widened. City Administrator Plotz read correspondence from` Marcella Anderson voicing her concerns. Discussion followed on the possibility of a major access off of 3rd Ave. and controlling noise in the parking lot. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:27 p.m. Mr. Craig made a motion to recommend approval of the request subject to city staff recommendations and shielding of lighting from the neighboring residential district. Seconded by Mr. Ebent the motion carried unanimously. 4. NEW BUSINESS (a) DISCUSSION OF PLANNED DEVELOPMENT DISTRICT SUBMITTED BY DEAN LIMOGES IN SANTLEMAN ADDITION City Administrator Gary Plotz commented on the proposal of a replat. Mr. Limoges introduced Mr. Mularoni, architect for the project. Mr. Mularoni presented a drawing of the project and explained the phases and density. He commented on the concept of affordable housing and stated the cluster 4 • PLANNING COMMISSION MINUTES February 16, 1993 homes would be single family homes. Mr. Limoges stated the project would not exceed 71 units and also explained each building is to have an owner occupant with an association contract. Mr. Plotz explained under Section 8.46 and Planned Development District there would be more flexibility in the development. There was discussion on subdivision agreements and covenants placed on the property. (b) CONSIDERATION OF APPLICATION TO MCLEOD COUNTY REGARDING RON HANSEN GRAVEL PIT City Administrator Gary Plotz explained the request and the staff recommending approval. Mr. Lenz moved to recommend no objection to the request, seconded by Mr. Gilmer the motion carried unanimously. (c) DISCUSSION OF STAFF RECOMMENDATION REGARDING DWELLING UNIT DENSITY IN THE R -3 DISTRICT City Administrator Plotz explained the request by staff to amend the zoning ordinance from 4,500 sq. ft. to 4,000 sq. ft. in the R -3 district. The old ordinance was 2,200 sq. ft. per dwelling. Building Official Jim Marka commented on the development problems with the higher square footage. Mr. Ebent made a motion to direct staff to begin amendment of the zoning ordinance for 4,000 sq. ft. in R- 3 district, seconded by Mr. Craig the motion carried unanimously. (d) COMMUNICATION FROM STAFF 1. Discussion of Martin Prieve lot split at 606 Harmony Ln After discussion, it is the consensus of the planning commission that Mr. Prieve present more information on the request. 2. Ms. Judy Grimm, Director of Headstart Program, commented on her proposal to the Building Official to lease space in Plaza 15 for the Headstart Program. Building Official Marka commented on concerns with the location for small children. He stated the zoning ordinance does not address this 0 5 PLANNING COMMISSION MINUTES February 16, 1993 type of establishment. Mr. Craig moved to approve the use in the strip mall, seconded by Mr. Dobratz the motion carried unanimously. 3. Mr. Henry Ewald, Cedar Crest, commented on his parking variance of 2 years ago. The planning commission agreed he is to reapply for the variance as the time has expired since his original request (e) ELECTION OF OFFICERS Mr. Craig moved to elect Mr. Gruett as Chairman and Mr. Woods as Vice Chairman, seconded by Mr. Lenz the motion carried unanimously. 5. OLD BUSINESS NONE 6. ADJOURNMENT There being no further business the meeting was adjourned at 8:00 P.M. 6 0 i Senior Advisory Board Minutes January 13, 1993 Chairperson Mildred Jensen called the meeting to order at 9:30 am. Members present: M. Jensen, R. Krueger, L. Mueller, L. Pishney, ex- officio -A. Rotzien, members absent: C. Ziemer, A. Heil L. Pishney made a motion that the minutes from the November meeting be approved as read. L. Mueller second that motion. The card recycling project was discussed at length; additional shelving would be purchased with more efforts made on recruiting volunteers to keep up with the demand of sales which have been very high. It was decided that until we can keep up with the Center's sales we would not expand the sales to include Firstate Federal. A chow mein dinner will be held in mid to late April, date pending on the Defensive Driving class schedule. Staff reported on upcoming programs, activities and tours; included was a list of program ideas which the board commented on as to whether or not the idea would have potential as a program. Among those favored were; calligraphy, doll collectors, card classes, 75 + club. Staff would pursue these ideas. It was reported that L. Pishney would be a delegate to a Building Task Force. This committee would investigate the needs of our community in regards to recreational facilities, park lands, etc. Several suggestions for Advisory Board members were discussed. R. Krueger agreed to stay on for a 2nd term and Rueben Holman's position would need replacement. The Board unanimously supported the idea to create a fund- raising P,oal for each year. R. Krueger made a motion to accept a goal of $5,000.00 for 1993; L. Mueller second that motion. Estimated projects included: Pool Concessions: $1,500.; Cash Wise Stand: $500.; Bake Sales: $500.; Arena Concessions: $600.; Spring & Fall Dinners: $500.; Band Concert: $100. This totals $3,600; an additional $1400 would have to be raised minimally to meet our goal. Survey and inventory handouts were passed out to board members with staff requesting that they be returned when filled out. Meeting was adjourned at 11:00 am. �_A. r3) • CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT MARCH 22, 1993 --------------- - $5,685,986.25 *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 4 -;�, 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 7.13% 12/12/91 10/15/98 307,312.50 Firstate 41- 1214999 -8 3.70% 12/30/92 12/30/93 500,000.00 Firstate 42- 120479 -1 3.25% 11/12/92 5/13/93 400,000.00 Marquette 22636 3.65% 12/10/92 4/15/93 300,000.00 Smith Barney CMO 80AP9 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- 1211694 4 3.40% 12/23/92 6/10/93 500,000.00 Firstate 41 121812 2 3.50% 12/30/92 04/29/93 300,000.00 • Marquette 22638 3.45% 01/14/93 05/27/93 400,000.00 Firstate 42- 117375 -6 3.50% 12/29/92 04/15/93 550,000.00 Firstate 41 121813 0 3.50% 12/30/92 05/27/93 300,000.00 Firstate 41 121821 3 3.40% 01/14/93 04/29/93 200,000.00 Firstate 41 121814 8 3.50% 12/30/92 05/13/93 200,000.00 Firstate 41 121829 6 3.50% 2/11/93 07/14/93 400,000.00 Firstate 42- 120527 -7 3.50% 3/11/ 93 7/11/93 300,000.00 Firstate 41 121820 5 3.40% 3/11/ 93 5/13/93 172,000.00 Firstate 41 121759 5 2.85% 3/11/ 93 6/10/93 100,000.00 --------------- - $5,685,986.25 *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 4 -;�, i MEMORANDUM March 15, 1993 TO: Steve Madson, Chief of Police FROM: Bonnie Baumetz, License Secretary SUBJECT: RECOMMENDATION OF APPROVAL FOR INTOXICATING LIQUOR LICENSES Please review the following on -sale Intoxicating Liquor Licenses for the year 1993: Gold Coin The Underground Victorian Inn The Lamplighter Lounge Il (pending payment) Consumption and Display (Set -up) License Little Crow Bowling Lanes These renewal applications will be acted on at the City Council meeting Tuesday, March 23, 1993. Thank you. Recommend approval for renewal of On -sale Intoxicating liquor licenses and Consumption and Display (set -up) lipense for the above named establishments. �ecifications are on file and are avail - from the office of the City Administra- 37 Washington Avenue West, Hutch - n, Minnesota 55350. D bids will be considered unless sec - seated and filed with the City Admi- -itor and clearly endorsed on the out - wrapper the title of the bid. ,ch bid shall be accompanied by a ers check made payable of the City - .:tchinson for five percent (5 %) of the : -,int of such bid. rte City reserves the right to reject any all bids and to waive any informalities -regularities. No bidder may withdraw bid for a period of 30 days. Gary D. Plotz City Administrator Hutchinson, Minnesota r 18 NOTICE Governing Board for Independent col District #2337, Hutchinson - nar Regional Technical College, will ve bids for Computers for the Busi- Department (Willmar Campus) as •3rth in the Bidding Procedures and =orm. bids must be received in the office of -.resident, Willmar Technical College, 1097, Willmar, MN 56201 no later March 10, 1993. :ding Procedures are available in the nistration Office of the Willmar Tech - College. ,e Governing Board reserves the to accept or reject any or all bids and :aive formalities. J.P. Auer ISD #2337 Hutchinson - Willmar Regional Technical College 17, 18 "SATION NO. 4488 HED IN THE HUTCHINSON %ER: Thursday, March 4, 1993. ,OTICE OF PUBLIC HEARING Whom it May Concern: _tire is hereby given that a public '19 will be held on Tuesday, March '93 ?! 5 30 P M_ in Council Chnm- I certify that I am authorized to sign this certificate and I further certify that I under- stand that by signing this certificate, I am subject to the penalties of perjury as set forth in section 609.48 as if I had signed this certificate under oath. 4. Dated: December 8, 1992 SIGNED Bradley A. Lueneburg Bradley A. Lueneburg CEO and CFO 17. 18 PUBLICATION NO. 4485 PUBLISHED IN THE HUTCHINSON LEADER: Thursday, March 4, 1993. NOTICE OF PUBLIC HEARING To Whom it May Concern: Hutchinson Leader 3/4/93/5B Notice is hereby given that a public hearing will be held on Tuesday, March 16, 1993 at 5:30 P.M. in Council Cham- bers at City Hall for the purpose of consid- ering a request for a variance to meet av- erage setback located at 1200 7th Ave. N.W. with the following legal description: Lot 5, Block 2, Helfand's Fourth Addition. This hearing will be held by the Plan- ning Commission of the City of Hutchin- son. At such hearing, all interested per- sons may be heard. If you would desire to appeal the Planning Commission's re- commendation, you can take your re- quest to the City Council, which has the power to overrule the decision of the Plan- ning Commission. ON A Gary D. Plotz City Administrator Dated: March 1, 1993 18 NOTICE IS HEREBY GIVEN, That the iy Council of the City of Hutchinson will con- duct a public hearing at 8:00 o'clock P.M. on Tuesday, March 23, 1993 at the City Hall, 37 Washington Avenue West, in Hutchinson, Minnesota, on a proposed issue of indust- rial development revenue refunding bonds pursuant to Minnesota Statutes, Sections 469.152 to 469.165, to refund the outstanding principal balance of two bond issues pre- viously issued by the City on behalf of Hutchinson Technology Incorporated (formerly Hutchinson Industrial Corporation). The bonds proposed to be refunded are the City's Industrial Development Revenue Bonds (Hutchinson Industrial Corporation Project) Series 1973, dated May 1, 1973, and the City's Industrial Development Revenue Bonds (Hutchinson Industrial Corporation Project), Series 1979, dated June 1, 1979 (together the'Prior Bonds'). The Prior Bonds financed the acquisition of land and the construction and equipping of additions aggregating approximately 96,000 square feet to the manu- facturing and office facilities owned and operated by Hutchinson Technology Incorpor- ated (the 'Company) and comprising a portion of the Company's facilities located at 40 West Highland Park in the City of Hutchinson. The principal amount of the refunding bond issue will not exceed $2,780,000. The refunding bonds shall be limited obligations of the City and shall be payable solely from the revenue pledged to the payment thereof. No holder of any such bond shall ever have the right to compel any exercise of the taxing power of the City to pay the bonds or the interest thereon, nor to enforce payment against any property of the City. At the time and place set forth above, the City Council shall give all persons who ap- pear an opportunity to express their views on the proposed issuance of refunding bonds. Dated: February 23, 1993 BY ORDER OF THE CITY COUNCIL /s/ Gary Plotz City Clerk City of Hutchinson • • • MAR 23 '93 15 :39 FAEGRE & BENSON P.2 Goraec,ftc;" s /Yr ik,eot Extract of Minutes of Meeting of the City Council of the City of Hutchinson, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Hutchinson, Minnesota was duly held at City Hall in said City on Tuesday, the 23rd day of March, 1993, at o'clock P.M. The following Council members were present: and the following were absent: Council Member t r t introduced the following written resolution and moved its adoption: A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS TO PROVIDE FUNDS FOR INDUSTRIAL DEVELOPMENT PROJECT FOR HUTCHINSON TECHNOLOGY INCORPORATED The motion for adoption of the foregoing resolution was duly seconded by Council Member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. �1 RESOLUTION N0. A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS TO PROVIDE FUNDS FOR REFUNDING OF INDUSTRIAL DEVELOPMENT REVENUE BONDS ISSUED ON BEHALF OF HUTCHINSON TECHNOLOGY INCORPORATED BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: 1. Authcrit . The City is, by the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Section 469.152 through 469.165, as amended (the "Act"), authorized to issue and sell its revenue bonds for the purpose of financing the cost of authorized projects, to refund revenue bonds previously issued for such purpose and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act. 2. u h of The Company described below has proposed to the City that the City issue and sell its City of Hutchinson Variable Rate Demand Industrial Development Revenue Refunding Bonds (Hutchinson Technology Incorporated Project), Series 1993, in substantially • the form set forth in the hereinafter- mentioned Trust Indenture (tho "Dondo ") PUrOUGant to tha AINL- 4aa1 local Llie Ll,=, VZ to Hutchinson Technology Incorporated, a Minnesota corporation (the "Company") to refund the City's outstanding $3,000,000 City of Hutchinson Industrial Development Revenue Bonds (Hutchinson Industrial Corporation Project), Series 1979 (the "Series 1979 Bonds "), and thereby to refinance the coats of the construction of additions to the Company's office and manufacturing facility in the City (the "Project "). Forme of the following documents relating to the Bonds have been submitted to the City Council and are now on file in the office of the City Clerk: (a) Loan Agreement (the "Loan Agreement ") dated as of March 1, 1993, between the City and the Company whereby the City agrees to redeem the Series im Bonds on June 1, 1993 and the Company agrees to pay amounts sufficient to provide for the full and prompt payment of the principal of, Premium, if any, and interest on the Bonds; (b) Trust Indenture (the "Trust Indenture ") dated as of March 1, 1993, between the City and National City Bank of Minneapolis, in Minneapolis, Minnesota, as Trustee, pledging the revenues to be derived from the Loan Agreement as -2- 0 MAR 23 193 1540 FAEGRE & BENSON P.4 security for the Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; (c) Letter of Credit (the "Letter of Credit ") to be issued by Harris Trust and Savings Bank simultaneously with the issuance of the Bonds, securing the payment of the Bonds; (d) Reimbursement Agreement (the "Reimbursement Agreement ") dated as of March 1, 1993 between the Company and Harris Trust and Savings Bank; (e) Remarketing Agreement dated as of March 1, 1993 (the "Remarketing AyL:""wi 4a L" L „ aLwrne Llim CiuAijA&1y Add PaineWebber Incorporated (tie "Remarketing Agent ") whereby the Remarketing Agent agrees to remarket any Bonds tendered in accordance with the Indenture; (f) Placement reement dated as of March 1, 1993 (the "Placement Agreement between the Company and Harris Trust and Savings Bank, as A placement agent, whereby the placement agent agrees to use its beet efforts to find a purchaser for the Bonds; (g) A Placement Memorandum ^describing certain matters relating to the Bonds. • 3. wings. It is hereby found, determined and declared that: (a) The City duly authorized and issued the Series 1979 Bonds. (b) The Bonds are being issued to refund the Series 1979 Bonds. (c) There is no litigation pending against the City or, to the beat of its knowledge, threatened against the City relating to the Project, the Series 1979 Bonds, or to the Bonds, the Loan Agreement, the Trust Indenture or questioning the organization, powers or authority of the City. (d) At the request of the Company, the City Council, on March 23, 1993, after due publication of notice of public hearing, held a public hearing with respect to the issuance of the Bonds. (e) In order to prepay and redeem the Series 1979 Bonds, it is desirable that the Bonds be issued by the City upon the terms set forth in the Trust Indenture, under the • provisions of which the City's interest in the Loan -3- Agreement will be pledged to the Payment of principal of, premium, the Bonds. Trustee as security for the if any, and interest on (f) -rhe Loan Agreement provlces for payments oy the Company to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Company to provide for the payment of operation and maintenance expenses, including adequate insurance, taxes and special assessments. • (g) Under the provisions of the Act, and as provided in the Loan Agreement and Trust Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any liability thereon; no holders of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall never constitute an indebtedness of the City, within the meaning of any state constitutional provision or statutory or charter limitation, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; the Bonds shall not constitute a charge, lien or . encumbrance, legal or equitable, upon any property of the City and each Bond issued under the Trust Indenture shall recite that the Bond, including interest thereon, shall not constitute a charge against the general credit or taxing powers of the City and does not grant to the owner or holder of any Bond the right to have the City levy taxes or appropriate any funds for the payment of principal thereof or the interest or premium, if, any, thereon, and that the Bond is not a general obligation of the City or an obligation of the individual officers or agents thereof. 4. Approval and Execution of Documents. The forme of Loan Agreement, Trust Indenture, Placement Agreement,^ Placement Memorandum, Remarketing AgrewwA, Letter of Credit and Reimbursement Agreement referred to in paragraph 2 are approved. The Loan Agreement and Trust Indenture shall be executed in the name and on behalf of the City by the Mayor and the City Clerk or other appropriate City officials authorized to execute documents on their behalf, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof, and then shall be delivered to the Trustee. Copies of all documents shall be delivered and filed as provided therein. -4- 0 5, a2nroval. Exegution and Delivery of Ronde. The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount not to exceed $2,000,000, in the form and upon the terms set forth in the Trust Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof. Harris Trust and Savings Bank, as placement agent, has agreed to use its best efforts to find a purchaser for the Bonds at a purchase price of par plus accrued interest to the date of delivery, and said proposal is hereby found to be favorable and is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Trust Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by the Trust Indenture, for authentication and delivery to the purchaser. As provided in the Trust Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Filing with County. The City Clerk is authorized and directed to deliver a certified copy of this Bond Resolution to the County Auditor of McLeod County, together with such other information as the County Auditor may require, and obtain the certiricate oz the county Auditor as to entry of the Bonds on each County Auditor's bond register as required by the Act and Minnesota Statutes, Section 475.63. • 7, SID Ilion El the $10 million election with under Section 103(b)(6)(D) of as amended (or, to the extent the Internal Revenue Code of Bonds and the Project. • ac_ tion. The City hereby elects that respect to the Bonds, as provided the Internal Revenue Code of 1954, applicable, successor provisions of L986, as amended) shall apply to the 8. Certificates. etc. The Mayor, City Clerk, and other officers of the City are authorized and directed to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, -5- MAR 23 '93 15:42 FPIEGRE & BENSON P•7 shall constitute representations of the City as to the truth of all statements contained therein. Approved this day of Attest City Clerk MFF05CO2.WP5 Mayor -6- • • N. ti HuTcHiNsoN DENTAL CTR. PA. 0 DR. STEVE DEKOSTER 2 FRANKLIN ST HUTCHINSON. AIN i535O 0-aat 9 10&4� 14AII 1993 C, �- Y�v pol- SOV4- IL,4_ 0 6 -A I Browntort Hutchinson Cosmos (t,,IL) 328-57b8 02) 587-3003 C� J M E M O R A N D U M March 23, 1993 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering Sergeant Ron Kirchoff, Police Department RE: Traffic Control Review We have reviewed the two requests presented to the City and have the following recommendations: ► Request for 2 -Hour Parking on Washington Avenue There was a request for a 2 -hour parking zone along the south side of Washington Avenue between Franklin and Glen Streets. We have had complaints from downtown merchants that there is limited long- term parking for merchants' workers in the downtown area, creating uncomfortable situations for workers at night. Most the area one - block either side of Main Street is currently 2 -hour parking only. The parking in the area should be better once the Liquor Store moves. Also, the parking in front of the Police Station almost always has several spots available. Due to these facts, we recommend not adding the 2 -hour parking zone at this location. ► Temporary Closing of 1st Avenue NW for ABATE ABATE has requested that 1st Avenue NW be closed next to Dairy Queen for their event. This would allow a safe location for the group, off of Main Street, and also would allow use of the adjacent Municipal Parking Lot. We believe that this is a reasonable and safe proposal, and would have minimal effect on traffic in the area. We therefore recommend that 1st Avenue NW be closed as requested. Coordination with the City Police Department will be required. <Jj> City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - P,b,fcd on nzv, IM pqur - Eli 3)' Police Department 10 Franklin Street South (612)587 -2242 �_ 1q. ��P, C i March 18, 1993 TO: Mayor & Council FROM: Gary D. Plotz, City Administrator SUBJECT: Coordinating Community Education Programs and City Recreation Programs Under A Joint Powers Agreement The School Superintendent has approached me in exploring the alternative of a joint powers agreement to cover both community education programs and City recreation programs. As the City representative on the Community Education Board, I can see this is a worthwhile concept to explore. The concept works well in several communities across the state (i.e., Waseca, Marshall, Detroit Lakes). Essentially, the school district would be purchasing administrative staff from the City of Hutchinson, primarily Dolf Moon, to oversee their community education program. Dolf Moon has expressed interest and support of the concept. The school staff has had an excellent working relationship with Dolf and has felt comfortable with his personality and management style. Dolf has a dual degree in recreation and community education. The joint study committee would need to evaluate the advantages and disadvantages, review some sample joint powers agreements from other communities, and make recommendations to the City Council and School Board. I would propose to include the chairperson of the Community Education Board and the chairperson of the Recreation Board in the process. As you may know, Jim Mills is retiring in June, and it is timely all alternatives are evaluated. From the City's standpoint, we would need to evaluate time spent by Dolf Moon on the parks and forestry responsibilities and make recommendations regarding this area. It is noted that four employees currently under Dolf Moon have four -year college degrees in parks. CC: Park & Recreation Board Supt. Gary Swenson Mary Henke, Chair Comm. Ed. Board 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 —02 - Pn? :fed nn recurtea, a; r1' - i`-� / i • /• f�- 1 /Q��if /Carl �frc.<S !'nit �c uJa/1 c.V/J�ss J /R� r� a ,v cY E�...c a.i3OwJ � Soc., L�"%t /ii✓i �.4 V 0 r.v LL /'N C'oN / 4c �toN GLJ, L��^,( , &4,CCNS /•,^� C.,...7 CAAda u +mss E A c [/,r7rr f/f C "Cf., 4.j • ! S WC W i l( - 455�r�.i7r� `F S � /'� �YL •� �'J SdAJ L° c�YGiL N �i✓a ✓/(y/ .. /1(/q � CN /O j2/ c e AJ , • . .0 %%1 1 0 CO WCL cU' c..X Ae.? t, Lm iZA. e �t �� c }z w %c l e 0. / /a& seo CeJ/ S �o / S�t'�v N• zi. fib., -r /,tw . Sli< <r G, w =S� • J4.�. !r[o/Z,v�•,.. � �7gyJ aa_ GJc a.,ce /:tea /1��93. r,� V c /04.'6 /rp d'-e- ,'�v G tiC/ lYt� twec,.J 4- 94n4._ /f/ 6'ke Cc PicenJCJCa�� 6 "e,-) ©���ivg �{r.:C 45si5�`crco c.�+¢J i+t� /fi✓re c9 r� - - /,/!f �L � /K .._ G�G'_lac5 /N�i �i /. ,5 `•O� -'� -.. SL�`y d'rJ �L9 SFs7 7�7A "ar • i IL NOW W i , `i� � ♦Lam � _ •_ ♦ �1 1f►� f`C ,S a: �i �; _a �a � lam),. EVERYONE WELCOME "COME HUNGRY" STARTING TIME 10:00AM IN HUTCHINSON INISH LITCHFIELD COKATO DELANO START4kHUTCHINSON NORWOODI NCOE rUR MORE INFORMATION *HANDICAPPED 8 YR 0 i q OTI m 0 0 0 U A.B.A.T.E of MINNESOTA •The very first question people ask: What does ABATE mean? and the answer: American Bikers for Awareness, Training and Education. And the second most asked question is: Just who and what is ABATE all about? Now the answer to this one is a little longer. ABATE is a statewide, non - profit organization of individual motorcycle riders that have come together for the express purpose of attempting to better the lot of all motorcyclists in the State of Minnesota. 4 Now, you ask, how do we do this? Through voluntary involvement in our communities and on a state wide charitable and political basis. First, through community involvement: i.e., blood drives to various hospitals throughout the state, working with charitable organizations: * Supporting the MMRA Charity Ride to the various State Hospitals. * The Hug -A -Bear program to provide teddy bears for the police departments to use in traumatic situations involving young children. The food shelf drives throughout the State. * Many toy gathering programs for the Salvation Army - KARE 11 and the Marine Corps Reserve, etc. These are just some examples of our involvement, the list goes on and on. Secondly, through Political and Legislative involvement: * Letter writing campaigns against the likes of HOV lane restrictions for motorcyclists, insurance blacklists and bans on certain types of motorcycles. And a successful campaign with the help of MMRA to make May of each year "Motorcycle Awareness Month ". * To supporting various Local and State politicians not with money, but by working for them, handing out flyers and putting up signs, etc. In some areas of the state we have been successful in getting elected those who support our views. Motorcyclists working together represent a large voting bloc, politicians understand votes, each of us has only one -- and they do count. But we are not all work either -- during the year we sponsor many rides, pokers runs, and events as a way of getting together just to have fun? ABATE is not a club, not do we seek to take the place of any club. We have 01but one rule at our events: No Attitudes. We are a blanket organization ncompassing all clubs and lone riders, yet working for the betterment of all riders and clubs. No matter what your ride, Honda, Beemer, Kaw, Yahama, Norton, Ducati, Triumph or Harley, we need your help and support -- and whether you know it or not, you need ours. So help us help you! Now is the time for all riders in this State to come together and work together (through ABATE we can do this) to help ourselves. For we are all about the same things -- riding our bikes with like minded people. • We are now living in the 1990's, motorcycles are 100 years old and all around us, we see other misguided groups trying to regulate our chosen lifestyle. The Federal Government started in the 60's with blackmailing the states with federal highway funds -- all motorcyclists had to wear helmets -- that struggle continues in many states today. In the 70's came HOV lane laws and seat belt laws. The BO's saw blacklists and bans on certain model bikes by the Insurance Industry. Can we afford to sit by and say these folks aren't talking about me? And how about the media? Movies and TV since "The Wild One" have sought to project bikers in a bad light. Oh yes, we have a.stereotype in the mind's eye of the public! Let's face it, most people fear what they don't know, and what they see -- from the riders on bikes zipping in and out of traffic, to the leather clad rider rumbling past with loud pipes -- Get the picture? And that brings us full circle to ABATE. American Bikers -- We ride in the U.S. of A. Awareness b Training -- For the young and inexperienced rider to know the laws, your bike and its limitations -- To the older more experienced rider to ride safer, straight and sober; and Education -- For us as riders, and to the public at large, first to "see us" and then to see us as "Not such A Bad Group After All How many of us have had this experience? You pull up to a stop light on your bike and you glance around at the faces in the cars around you, and its always the same, in the back seat, the small faces with those big eyes, ready smiles and friendly waves of hands, looking back at us. That touches me the most, the children, they have no fear of us, only wonderment, of man and woman and machine -- their fear is learned as they grow. Our future is truly in our hands! It's a long, hard road we seek to ride, and we need to start riding it together -- for our own good. And that my friends is what ABATE is all about! • Help Us Keep You On The Road; And Forever Free! ORDINANCE NO. 93 -75 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 SEI OUT IN SAID ORDINANCE WHEREAS, certain parcels of land as more particularly described abut or adjoin the City of Hutchinson; WHEREAS, the Minnesota Municipal Board pursuant to Minnesota Statutes Chapter 414 has approved the following annexation; WHEREAS, it would be in the public interest to annex and incorporate said lands into the City of Hutchinson; NOW, THEREFORE, the City of Hutchinson does ordain: SECTION 1. That the lands hereafter described shall be, and the same hereby are, annexed to the City of Hutchinson, a Minnesota municipal corporation, located in the County of McLeod and State of Minnesota and from and after passage and publication of this ordinance, said lands shall be annexed to and become a part of and included in the corporate limits of the City of Hutchinson: See attached legal description. Total of 12.72 acres of land. SECTION 2. This Ordinance shall become effective from and after publication. Adopted by the City Council this 23rd day of March, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7 -4. 1xVa1 l/f: Sl:r1Vt1V11 • All that hart of the South Half of Section 2. Township 116 North, Hann, J.I. West. McLeod County. Mrl,nesots described as follows: Cum,e,,rtnV Al tl,e Southeast carnet of said Section 2; thence on a bear'i,.0 of . South tl'7' 54' 1V" West along the South line of said tieetL011 2, a distance of 1972.18 feeti thence North O' 41' 50" West. a distance of 1328.81 feet to the point of beginning; thence south 89' S4' 10" West. a distance of 899.21 feet. thence North Y 37' 10" East; a distance of L03.94 feet. thence South 86' 43 20" West, a distance of 322.60 feet; thence North 2' 48' 55" West. a distance of 285.31 feet; thence South 89' 40' West, a distance of 254.97 feet; thence North 15' 36' East, a distance of 68.64 feet: thence North 89' 4V' East. a distance of 1459.87 feet; thence South O' 41' 501' East, a distance of 432.49 feet to the point of beginning. Subject to a roadway easement over the Easterly 33 feet of said tract. Containing 12.72 acres more or less. EXCEPT Ca,Nneneing at tl.e southeast corner of said Section 2; thence South 69 degrees 54 minutes 10 seconds West, assumed bearing, along the south line of•tlle Southeast Quarter of said Section 2 a distance . of 1972.18 feet; thence North 0 degrees 41 minutes 50 seconds West a distance of 1328.81 feet; thence South 89 degrees 54 minutes 10 seconds West a distance of 899.21 feet; thence North 3 degrees 37 minutes 10 soconds Fast a distance of 103.94 feet; thence South e6 degrees 43 nliriutcs 20 seconds West a distance of 322.60 fact; thence North 2 degrees 48 minutes 55 seconds West a distance of 211.20 feet to the pOLnt of beginning of the land to be described: thanco cuntinuiny North 2 detjices 48 ndnutts 55 seconds West a distance of 72.11 feet; thence South 89 dcyreeu 40 minutes 00 sccol,l' West a distance of 254.97 feet; thence North 15 degrees 36 minutes 00 seconds Fast a distance of 68.64 feats thence North 89 dcgrocs 40 minutes 00 seconds East a distance of 295.84 feet; thence South 2e degrees 20 minutes 28 seconds West a distance of 16.41 feet ' thence southwesterly 121.09 feet along a tanpentiel curve concave to the southeast, having a radius of 527.93 feet and a central angle of 13 degrees 08 minutes 28 seconds; thence South 15 degrees 12 minutcs 00 soconds West, tangent to said curve, a distance of 12.16 fact to the point of beginning. AND AND a a • • r That part of the South ]calf of Section 2, Township 116 NorLh, Range 30 West of the SO Principal Meridian described as follows; Commencing at the southeast corner of said Section 21 thence South 89 degrees 54 minutes 30 seconds West, assumed bearing along the south line of the Southeast: Quarter of said Section 2 •a distance of 1972.18 fact; thence North 0 dcproos 41 minutes 50 seconds Waist a distance of 1328.81 feeti thence South 69 degrees 54 minutes 10 seconds West a distance of 099.21 fact; thence North 3 degrees 37 minutes 10 seconds East a distance of 103.94 fact; thence South 86 degrees 43 minutes 20 seconds Wcst a distance of 322.60 feet to the point of bayinnino of the land to be doscrihnd; thenco North 2 dorsrocs 48 minutcs 55 seconds Wust a distance of 211.20 feet; thccco South 15 degrees 12 slnuter 00 seconds Nast a distance of 200.92 feet; thence south 74 degrees 52 minutes 25 seconds East a distance of 65.32 feat to the point of beginning. . That part of the South Half of Section 2, Township 116 North, Range .30 West of the 5th Principal Meridian described as follows; Collmwncing at the southeast corner of said Section 2; thence South 89 degrees 54 minutes 10 secoltd0 Nest, assumed bearing, along the south line of the Souitlonst Quarter of said Section 2 a distance of 1972.18 feet; thence North 0 degrees 41 minutes 50 seconds West a distance of 1328.81 feet; thence South 89 degrees 54 minutes 30 seconds West a distance of 699.21 feet to the point of beginning of file land to be described; thence _ North 3 degrees 37 minutes 10 seconds East a distance of 103.94 feet; thence South 06 degrees 43 minutes 20 seconds West a distance of 322.60 feet, ttlence South 74 degrees 52 minutes 25 seconds East a distance of 326.83 feet to Che point of beginning. March 9, 1993 ARI OLD & MCDOWELL ATTORNEYS AT LAN' 101 PARK PLACE HUTCHINSON,.MINNESOTA 55350 -2563 (612) 587 -7575 FAX 161215&1 -4096 RESIDENT ATTORNEY G BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Liquor Licensing Issues Our File No. 3188 -92232 Dear Gary: I have not had an liquor licensing that have needed weeks. OF CODNSEL WILLIAM W. CAMERON RAYMOND C.I A' LIES PAUL M. HEGICH CHARLES R.CARMICHAEL- 5681 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL TREE 800-313-4545 PAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 089 -2214 FAX (612)0&9 -5506 ' 567\ Rscz s- 3 er� rz ca opportunity to prepare a complete revision to our code. There have been a number of other issues to be addressed in the course of the last several However, I have been giving some thought to the restaurant created by the vague definition in our existing City Code I have conferred with the Chief of Police, and representatives of a number of other cities, as well as reviewing other resources available to me, and I do have some specific suggestions that I would like to pass along to the Council. My thought is that if the Council finds them acce table we could have the first reading of the proposed ordinance changes this evening and invite public comment from liquor license holders. It might be worth holding as separate meeting at > y Hall with staff and license holders only, although I have no strong feelings about that issue either way. In any event, at present, Hutchinson City Ordinance §5.01, Subd. 20 defines a restaurant as an establishment, other than a hotel, under the control "of a single proprietor or manager, where meals are regularly served at tables to the general public and having seating capacity for at least 85 guests." I would propose to add the following: 'CERTIFIED AS A CIVIL TRIAL. SPECIALIST BY THE NISAESOTA STATE BAR ASSOCIATION —CERTIFIED AS A REAL PROPERTY LAM' SPECIALIST Bl'THE 41]]ES OTA STATE BAR ASSOCIATION DAVID B. ARNOLD OARY D. MCDOWELL STEVEN A. ANDERSON O.BARRY ANDERSON' STEVEN S. HOOF LAURA E. PR£TLAND DAVID A. BRUEOGEMA.NN PALL D. DOVE— JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. KcOEE CATHRYN D. HEHER March 9, 1993 ARI OLD & MCDOWELL ATTORNEYS AT LAN' 101 PARK PLACE HUTCHINSON,.MINNESOTA 55350 -2563 (612) 587 -7575 FAX 161215&1 -4096 RESIDENT ATTORNEY G BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Liquor Licensing Issues Our File No. 3188 -92232 Dear Gary: I have not had an liquor licensing that have needed weeks. OF CODNSEL WILLIAM W. CAMERON RAYMOND C.I A' LIES PAUL M. HEGICH CHARLES R.CARMICHAEL- 5681 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL TREE 800-313-4545 PAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 089 -2214 FAX (612)0&9 -5506 ' 567\ Rscz s- 3 er� rz ca opportunity to prepare a complete revision to our code. There have been a number of other issues to be addressed in the course of the last several However, I have been giving some thought to the restaurant created by the vague definition in our existing City Code I have conferred with the Chief of Police, and representatives of a number of other cities, as well as reviewing other resources available to me, and I do have some specific suggestions that I would like to pass along to the Council. My thought is that if the Council finds them acce table we could have the first reading of the proposed ordinance changes this evening and invite public comment from liquor license holders. It might be worth holding as separate meeting at > y Hall with staff and license holders only, although I have no strong feelings about that issue either way. In any event, at present, Hutchinson City Ordinance §5.01, Subd. 20 defines a restaurant as an establishment, other than a hotel, under the control "of a single proprietor or manager, where meals are regularly served at tables to the general public and having seating capacity for at least 85 guests." I would propose to add the following: 'CERTIFIED AS A CIVIL TRIAL. SPECIALIST BY THE NISAESOTA STATE BAR ASSOCIATION —CERTIFIED AS A REAL PROPERTY LAM' SPECIALIST Bl'THE 41]]ES OTA STATE BAR ASSOCIATION Mr. Gary D. Plotz March 9, 1993 Page 2 "A restaurant qualifying under this chapter shall submit proof to the City Council that not less than 400 of the gross sales of the establishment for which the on sale license is to be used is from the serving of food. Upon the request of the City Administrator, the applicant shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the restaurant for the calendar year or fiscal year preceding the date of the renewal application." It would be my thought that the City could review the data in connection with the application, verify that the 40% standard has been met, and return the data to the licensee. There does not appear to be any way of maintaining confidentiality of the data if the City retains it for any extended period of time. The data is effectively public information but, on the other hand, rather than attempting to characterize it as a trade secret, I • would simply recommend that it be returned. There are a number of other changes that can or should be made to our licensing statute, but I would recommend that we enact this change immediately, or something similar to it, so that it becomes effective with the new licenses issued on April 1. Thank you. Best personal regards. Very truly yours, ARN:arryv LD L G. Anderson GBA:lm CC Steve Madson • 0 • AN ORDINANCE CODE SECTION BY REFERENCE OTHER THINS, ORDINANCE NO. 93-76. 2ND SERIES PUBLICATION NO. OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY 5.01, SUBD. 20 DEFINING A "RESTAURANT" AND ADOPTING, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1: follows: Subd. 20 City Code Section 5.01, Sub. 20 is hereby amended as "Restaurant" means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having seating capacity for at least 85 Section 2. City Code Section 5.02 entitled "Applications and Licenses Under this Chapter - Procedure and Administration" is hereby amended as follows: Subd. 1 Application. All applications shall be made at the office of the City Administrator upon forms prescribed by the City, or if the Commissioner, then together with such additional information as the Council may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Every application for the issuance or renewal of an alcoholic beverage license must include a copy of each summons received by the applicant during the preceding year under Minnesota Statutes, Section 340A.802. Upon the request Section 3. City Code Chapter 1 entitled "General Provisions and •Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though 7 /mac repeated verbatim herein. Section 4. This ordinance shall take effect upon adoption and publication. Adopted by the City Council this 23rd day of March, 1993. Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader on March 30, 1993 First reading: March 9, 1993 Second reading: March 23, 1993 • • C M E M O R A N D U M DATE: Mar 23, 1993 TO: Mayor & City Council FROM: Water Billing Denartment SUBJECT: Delinquent water & sewer accounts for the month of Mar Attached is a listing of the delinquent water and sewer accounts for the month of Mar. Recommend service be discontinued on Monday, Mar 29th, 1993 at Noon. • • city Hall 37 WashimgtoiiAvowe Ivest (612) 587 -5151 1- 685- 0725 -041 Pearl Westlund 725 Main St S Hutchinson MN 55350 725 Main St S 88.06 1 -725- 0148 -052 Greg DeWitte 148 Milwaukee Av Hutchinson MN 55350 148 Milwaukee Av 113.42 1 -965- 0315 -011 Jerry Carlson 315 Washington Av W Hutchinson MN 55350 315 Washington Av W 117.94 Parks & Recreation 900 Harringtolr Street (612) 5S7 -2975 Hutchinson, Minnesota 55350 - Printed on wcYcled paper - 9 -A Police Department 10 Franklin Street Soatl: (612) 5S7 -2212 1- 270 - 0835 -023 Gary Miller 835 Brown St - Hutchinson MN 55350 835 Brown St 173.48 Promises 4/2/93 1- 360 - 0215 -034 Darol Wylie 215 Division Av Hutchinson MN 55350 215 Division Av 38.94 Promises 3/31 1- 395- 0505 -015 Martin Garcia 505 Franklin St S Hutchinson MN 55350 505 Franklin St S 159.29 1- 395 - 0565 -086 Judy Kopesky Box 606 Hutchinson MN 55350 565 Franklin St S 123.40 1- 395- 0587 -021 David Jensen 587 Franklin St S Hutchinson MN 55350 587 Franklin St S 113.21 1- 455- 0316 -071 Gary Piehl 316 Grove St S Hutchinson MN 55350 316 Grove St S 109.07 Promises 4/9/93 1- 455- 0845 -074 Doug Hickler 845 Grove St S Hutchinson MN 55350 845 Grove St S 14.37 Promises 3/26/93 1- 480 - 0504 -083 Ida Pendergraft 504 Hassan St S Hutchinson MN 55350 504 Hassan St S 97.94 1- 480 - 0545 -091 Darwin Maus 545 Hassan St S Hutchinson MN 55350 545 Hassan St S 155.61 Promises 3/26/93 1- 570 - 0016 -004 Sam Poshek 16 Jefferson St S Hutchinson MN 55350 16 Jefferson St S 148.49 Promises 3/29/93 Dawn Heyer 1315 Jefferson St S Hutchinson MN 55350 1315 Jefferson St S 113.09 1 -680- 0016 -072 Pizza Garden C/O Gene Doherty Box 361 Hutchinson MN 55350 16 Main St N 502.83 1- 680 - 0206 -071 Elliotts Eatery 206 Main St N Hutchinson MN 55350 206 Main St N 329.96 1- 685- 0556 -082 Judy Kopesky Box 606 Hutchinson MN 55350 556 Main St S 148.09 0 C1 From : SHELTON COMPANY r , �helfan. y 1350 Nlcollat Mall Sutte 100 Mim .,sp3lts, Minnesota 55103 612/870 9467 Design and Implementation of non- traditional r oomputer systems , 1 10 t , t y ifecycled, of course! February 23,1993 PHONE No. : 612 870 0473 Feb-23 1993 1:22PM P02 Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Ilutclwlson, MN 55350 Dear Gary; 1 . N v �6� Thank you for meeting with Jack Shelton and me last week. We look forward to working on the recycling and composting project with you. The Shelton Company can help you implement a successful system similar to the projects we have done in St. Louis Park and Monticello. I have enclosed a proposal for your review outlining the points we covered at our meeting last week. During our initial conversations we discussed the need for two or three hand held computers. The proposal includes three hand held computers and a 24 month maintenance agreement for these computers. I have also included 3 days of installation and operator training. I like your idea of using a bumper sticker on the recycling containers for the composting project. I will try to find a source for these stickers for you. The bar code label sets will each have one Iabel for composting and two for recycling, I know that you may only need approximately 200 composting labels, however by making one of the labels on the set for composting it will help reduce overall costs. Jack and I would welcome the opportunity to meet with the City Council and answer any questions that they may have concerning this project. If you have any questions or need clarification about the proposal please do not hesitate to contact me. I will contact you next week to schedule a meeting with the Council or answer any of your questions. Sincerely, William Cragoe 9- From : SHELTON COMPAW PHONE No. : 612 870 0473 Feb.23 1993 1:23PM P03 Shelton Company Proposal for City of Hutchinson Recycling Program and Composting Program February 23. 1993 System Overview: Telxon portable tole- transaction computers will be used by collection personnel to scan a barcode label attached to the household collection containers. The computer will read the label and alert the operator that a good scan has occurred. In the event that a label is not machine readable, information can be entered by the keyboard on the computer. After field collection of information, data will be uploaded into software on an IBM compatible personal computer. Data will be uploaded from the Telxon computer by a serial connection. The software database will then be used to for reporting and calculation of credits to customer accounts. Credits for recycling will be determined by frequency of participation. Reports for recycling will provide name, address, barcode label number, dates of collection and a monthly recap. Reports and specific information concerning a customer can be queried as needed. Account credit information will be transferred to the city utility billing system by diskette. The overall system design considers the need for possible future modifications. The future may present changes in reporting to different governmental agencies. The recycling system software will allow easy modifications in reporting of the collected data. Hardware: 3 Telxon PTC 710 portable hand held computers with 24 month maintenance agreement. Computer has 4 line LCD 16 character display. Power source is (3) AA 1.2V 500mAh sealed nickel- cadmium batteries. Backup power source is 3V BR2325 lithium battery. Computer weighs 1 lb. 7 oz., size 7 "h x 3" w x 2" d. without case. Mean time to repair is three days. Bar Code Labels: 5,000 container bar code labels consisting of 2 recycling and 1 composting labels. Labels have a strong adhesive backing designed to hold in extreme temperatures. Bar code is photo printed on label stock. The label is then coated with a tough plastic laminate for durability. !7_ From : SHELTON COMPRNI PHONE No. : 612 870 0473 Feb.23 1993 1:24PM PO4 City of Hutchinson page 2 Software: System software is designed and operates using Borland paradox. This database management software provides flexibility, speed and performance to match todays and tomorrows powerful personal computers. This database product is easy for the operator to use, minimizing training time and costs of operation. Total System investment: $13640.00 * • estate and looal taxes not lwhMed 0 0 L J . Saltman Inc. 968 Hayden Ave. SW Hutchinson MN 55350 (612) 587 -7258 3/15/93 Attn: Gary Plotz City of Hutchinson 37 Washington Ave W Hutchinson MN 55350 To Whom It May Concern: Re: Lot 10, Block 21, S 1/2 of the City of Hutchinson We hereby request to purchase from the City of Hutchinson the above named lot. . Purchase price offered will be the fair market value of the lot as appraised by the city appraiser. Yours truly, Louis F. Brunner • 9 -e, ... Type PID or ADDRESS: press ENTER; or E I , Dv� }�� 5 'I Cray �JWn/ � QPPve,)rLy (511 NIS1i t o go s --'k "f 6e. i ,:�C - 2 01-o,jeD - � -3 0 o. , , , , a , , , , , , f a , , , t , a , , , , , , , 1 L'.O: n r Evil . l f 1 -0 ;CUR„ ,PAYFr -. M UIRY 319 PP;it':iRT -I' WE XT ? 06- 116-29- 01-0260 ; Pt. Con: Mt.Adr: HOUSE& FRACTION SWEET NAKE UNIT STP.q From: Back: 215 1/ HURON ST 55150+ Right: left: : Ownerl: CITY OF iiUTCHiNS ON Owner?: . Owncr2 : C1, ord : Zoning: Prim /sec: Yr.blt: 0000 Area: Acres: Sch.Dst: 4230 Wshd: 00 Gr /Os /Fx: Su:r•nc.s: 00 Widit. Dr;pth: -Mach -Tot Mkt- -Land Mkt R.ldq hIkt Mkt Tx Capacity Hd rT %Own 1990: 1959: Legal Description: LOT 10 WICK 21 S 1/2 CITY `J ... Type PID or ADDRESS: press ENTER; or E I , Dv� }�� 5 'I Cray �JWn/ � QPPve,)rLy (511 NIS1i t o go s --'k "f 6e. i ,:�C - 2 01-o,jeD - � -3 0 �Y-. *The structure has been removed. 0 0 9 o t .� \ n .I o if i �n k ° _ r -� 6{2N 21 1 2N° M 8E o— Cif a sNO wE it. a — 9 I LEGEND' CITY OF HUTCHINSON ° °" HC LEOD COUNTY, MINNESOTA �N g xI N". NEI/4.SECTION 6 TU6fi.R29W 6 ° *The structure has been removed. 0 0 9 ARNOLD & MCDOWELL ArToRNEYS AT 1.AW 5881 CEDAR L&KE ROAD MINNEAPOLIS. MINNESOTA 35416-1492 (612) 545 -9000 NN TOLL FREE 800 - 343 -4545 PAX (612) 545-1793 March 3, 1993 Gary D. Plotz, City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Cable Franchise Renewal Our File No. 3188 -90170 Dear Gary: OF COONXEL IIiI.I.fAM M. CAMERON RATHOND C. TALLIER PAUL M. BEOICH ERA-," R. URMICRARL" 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 553)7 (612) 389 -2224 PAR (612) 389-5506 2O1 PARK PLACE HUTCHINSON. MINNESOTA 55350 (612) 567 -7575 FAX (612) W7-b S /789'01,.? MAR 1 93 REcuVED BY —. I write to you today regarding certain cable television issues. Matters relating to the franchise violations have been handled by separate correspondence. The first issue I would like to address has to do with the retention of outside counsel in connection with the cable franchise issues. As I exp acne ast week, the highly technical nature o IRee proceedings requires counsel to be familiar with not only the Cable Communications Act of 1992, but also federal regulations scheduled for release on April 4 as well as what other communities may be encountering in their negotiations with cable operators. Two names consistently pop up as leading figures in the cable franchising industry. The law firm of Moss & Barnett, which has provided services to the city in the past, and Tom Creighton, are most frequently mentioned as potential resources for cities. I don't believe the city would make a mistake in retaining either firm. Moss & Barnett has some experience with the city's present franchise. Creighton is somewhat less expensive. Both have been involved in the cable business for more than ten years. I have a marginal preference for retaining Mr. Creighton, based on the following factors: Creighton will handle all of the direct negotiations with the cable operator himself rather than assigning an associate; - Creighton's top hourly rate is less than the top hourly rate at Moss & Barnett ($125.00 /hour versus $150.00 /hour); 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MIN-ESOTA STATE BAR ASSOCIATION CFRTIEIED AS A REAL. PROPERT] LAI SPECIALIST BY THE HINSESOTA RATE BAR ASSOCIATION .1/ DAVID B. ARNOLD DART D. MCDOWZI STEVEN A. ANDERSON . O. BA-RT ANDERSON' STEVEN S. HCOE LIRA K. PRETEND DAVID A. BRVEOOEMANN PALL D. DOVE" JOSEPH M. PAIEMENT JAMES ITLET RICHARD O. MCOEE CATHRVN D. REHER ARNOLD & MCDOWELL ArToRNEYS AT 1.AW 5881 CEDAR L&KE ROAD MINNEAPOLIS. MINNESOTA 35416-1492 (612) 545 -9000 NN TOLL FREE 800 - 343 -4545 PAX (612) 545-1793 March 3, 1993 Gary D. Plotz, City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Cable Franchise Renewal Our File No. 3188 -90170 Dear Gary: OF COONXEL IIiI.I.fAM M. CAMERON RATHOND C. TALLIER PAUL M. BEOICH ERA-," R. URMICRARL" 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 553)7 (612) 389 -2224 PAR (612) 389-5506 2O1 PARK PLACE HUTCHINSON. MINNESOTA 55350 (612) 567 -7575 FAX (612) W7-b S /789'01,.? MAR 1 93 REcuVED BY —. I write to you today regarding certain cable television issues. Matters relating to the franchise violations have been handled by separate correspondence. The first issue I would like to address has to do with the retention of outside counsel in connection with the cable franchise issues. As I exp acne ast week, the highly technical nature o IRee proceedings requires counsel to be familiar with not only the Cable Communications Act of 1992, but also federal regulations scheduled for release on April 4 as well as what other communities may be encountering in their negotiations with cable operators. Two names consistently pop up as leading figures in the cable franchising industry. The law firm of Moss & Barnett, which has provided services to the city in the past, and Tom Creighton, are most frequently mentioned as potential resources for cities. I don't believe the city would make a mistake in retaining either firm. Moss & Barnett has some experience with the city's present franchise. Creighton is somewhat less expensive. Both have been involved in the cable business for more than ten years. I have a marginal preference for retaining Mr. Creighton, based on the following factors: Creighton will handle all of the direct negotiations with the cable operator himself rather than assigning an associate; - Creighton's top hourly rate is less than the top hourly rate at Moss & Barnett ($125.00 /hour versus $150.00 /hour); 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MIN-ESOTA STATE BAR ASSOCIATION CFRTIEIED AS A REAL. PROPERT] LAI SPECIALIST BY THE HINSESOTA RATE BAR ASSOCIATION .1/ Gary D. Plotz March 3, 1993 Page 2 Creighton is willing to present a proposal to the city that includes an hourly rate but also includes a "cap" to keep the legal fees under control; From an experienced and competency standpoint, either selection would be appropriate. I have worked with Moss & Barnett in the past and have been satisfied with their performance. References provided by Mr. Creighton have been very satisfactory. Since Hutchinson is in a better position to do much of the leg work in connection with the franchise renewal process, both law firms are of the opinion that the legal fees would likely be significantly less than the $20,000 to $25,000 that might be required to have outside counsel shepherd the process from beginning to end. A more likely range, again offered by both firms, was probably somewhere in the $5,000 to $10,000 range. I can either work directly with one or the other of the two potential candidates or we can send an informal request for a proposal to both and make the selection at the next City Council meeting. I am willing to do either. a slightly different matter, I received correspondence from the law m involved in reviewing regulations to be issued by t FCC. I am enc ng a copy of the survey that the law firm ovided to me. While th ty could join the consortium of o r communities represented by thisyw firm, at this point, s my opinion that the city s funds are better spent in i oving service locally rather than supporting lobbyinZ expe on a national basis and I have so indicated on the survev_- Although the comments t g a somewhat len hy,I am passing along a copy of the law fi s comments on the reguT8tyons as well as a copy of the law rm's correspondence to the Utilit�'eLa- Commission. I hope is correspondence is helpful. Please do not hesit to co ct me should you have any questions. Best regards. Very truly ARNOLD & G. Barnf person GBA /pb Enclosures CI March 19, 1993 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR JOHN RODEBERG. RANDY DEVIRES SUBJECT: WATER RATE ADJUSTMENT We have talked about the need to raise our water rates. Current rates have been in place for over 10 years while our costs have continued to grow. Because of growth of the system and good interest earnings we have been on been earning a profit on the current rates. We are currently adding a water tower, will be doing main replacement, and additional treatment under the safe water drinking act may be required. We would propose the following water rate adjustment for City Council consideration: Current 7 /1/93 7/1/94 7/1/95 ---------------------------------------------- 50,000 $1.10 $1.15 $1.20 $1.25 next 450,000 .84 .94 1.00 1.00 over 500,000 .40 .60 .80 1.00 Our current cost to produce water is 71 cents per thousand gallons produced. With the proposed rate adjustment we would move from a three tier rate to a two tier rate in 1995. We have not discussed, at this time, the adjustments with any high rate users and will review this with the city council Tuesday. City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 5S7 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 Police Department 10 Franklin Street Soutl: (612) 587 -2242 9-c. WATER AN[:) SEWER FEE SURVEY METRO AREA CITY PEE SCHEDULE WATER SEWER COMMENTS HOPKINS .85 /1000 2.00/1000 POSSIBLE INCREASE LAKEVILLE 77/1000 + 2.50 1.77/1000 48 + 1992 APPLE VALLEY BROOKLYN PARK 5.23/MO + .65/1000 Q 6000 7.75 # 6000 .75/1000 12.60 + .95/1000 32.00 QTR. MONTHLY BILLING j CHANHASSEN 5.50 MIN 0 -25000 1.10 /1000 x'25000 1.30/1000 2.20/1000 (INCREASE TO 2.60/1000) RICHFIELD 1.2011000 .94/1000 POSSIBLE INCREASE ROBBINSDALE 9.50 MIN 1.21/1000 23.60 /QTR. SHAKOPEE 0 -6000 GAL 6.00 /QTR 6001 -94000 .90/1000 900000 + .70/1000 1000000 + .55/1000 3.00 /MO + 1.22/1000 CHAMPLIN 2.67/1000 1ST 2000 .71/1000 AFTER 12.50/MO iI �I ji 9� WATER AND SEWER FEE SURVEY OIJU STATE AREA CITY FEE SCHEDULE COMMENTS WATER SEWER ALEXANDRIA .86 + 10 % BEMIDJI 1.00 /1000 # PEOPLE BUFFALO 1.45/1000 1.75/1000 CLOQUET 0 -1000 2.07/1000 2.63/1000 1001 -10000 1.73/1000 10001 - 500,000 1.10 /1000 CROOKSTON 2.66/1000 1.50/1000 DETROIT LAKES .93/1000 1.60/1000 EAST 1ST 2000 3.70/1000 1/2 OF WATER GRAND FORKS NEXT 8,000 1.80/1000 NEXT 20,000 1.75/1000 ELK RIVER 0 -7000 1.07/1000 .85/1000 OVER 7000 .83/1000 FAIRMONT 2.10/1000 METER SIZE FERGUS FALLS 1.22/1000 1.80/1000 GRAND RAPIDS 1ST 10000 2.03/1000 0 -2000 NEXT 30,000 1.84/1000 5.25/1000 + 200,000 1.71/1000 2,000 + x .70 + 3.85 INTERNATIONAL FALLS 0 -2000 1.80/1000 1.30/1000 5000 + 1.75/1000 OVER 9000 1.65/1000 LITCHFIELD 1ST 3000 1.37/1000 9.00 /MO NEXT 12000 .94/1000 (608 + 1992) LITTLE FALLS 8.00 MIN 1.90/1000 1ST 5000 1.35/1000 NEXT 5000 1.15/1000 OVER 10,000 1.05/1000 MARSHALL 1ST 7500 1.20/1000 6.00 MIN NEXT 30,000 1.08/1000 3,700 + OVER 37,500 .96/1000 1.44/1000 9IF7 WATER ANN SEWER OIJT STATE FEE SURVEY • AREA CITY FEE SCHEDULE WATER SEWER COMMENTS NEW ULM 1/1/91 1/1/92 1/1/93 0- 20,000 1.80 2.10 2.20 20,001- 500,000 1.45 1.55 1.60 OVER 500,000 1.00 1.15 1.20 NO SEWER RATES y 1 0 / E 0 0 9 NOTICE OF CHANGE IN MONTHLY WATER RATES The following WATER RATES were adopted November 27, 1990: MONTHLY SERYICE CHARGE EFFECTIVE JANUARY 1 1991 for January 1991 bills: METER SIZE 'CHARGE PER MONTH 6/8" 6 3/4" $4.90 1" 6.35 1 1/4" 9.00 1 1/2" 9.26 2" 10.50 3" 27.00 4" 30.00 COMMODITY CHARGE: RATE BRACKET ,(Gallons / month) 0 - 20,000 20,001 - 600,000 Over 600,000 City and PUC RATE PER 1000 GALLONS EFFECTIVE FOR BIL S STARTING 1 -1 -93 $111801 $211902 $2.20 1.46 1.66 1.60 1.10 1.16, 1.20 1.00 1.15 1.20 BY ORDER OF THE PUBLIC UTILITIES COMMISSION CITY OF NEW ULM, MINNESOTA Bruce A. Kassel, Secretary- Treasurer J -� APPLICATION yOR ON-BAL6 INI'D:IGTING IJ UDR NSx Q aamv i I�III This form was prepared b the CS Y Bureau of Criminal F City of Department of p Apprehension, ion 340.13 of Publ c S t�j to Minnesota Statutes, 1976, Section 30.13, for p ps,se a _ • ground investigation. tr does not supersede any laws, rules or regulations of the Division of Liquor Control regarding the the of liquor license,. Failure to provide information requested may result in denial of the application. �f Pi Thad( — O i�SII 9 z 11 Date of ppl cat o'{ 2 !_ 1 Licensing Period 3. Type of Application: New El Renewal Transfer . 4. lC,�AeL 2hJ Name of Applicant � &�', 867j- Phone S. qtiS' �.. Pr i 6. Citizenship: 7. R£�2V Place of 19cC( yI Date of Birth I . ry.1i .�;.0 Address of Business Location c .N 9. NUa+t, n.:,- _ —o v . ,. _ agar Description 010. List owners of building or premise to be licensed: fir// ,( _ � ry� / a / g/T h A- 1 011- List all partners, Off ic, erg or directors, if corporation: {� Address Date if Birth �`fl- L�bP�L Geti —�cn il.vc, YUS �e fFc t?s.i ..:. N.. +C4,ti�„ 02t1jfS -c' m 1 N N S f 31 U 12. Prior experience in this type of businemas _1�Q R! �fudMP 13. Present Ownership in any other liquor eatablishammt: tA. Present ownership in any other restaurant or food business: No 'j E D'.5. Three Business References: (lw��t 0 , Fq� lv ',I: ['Luaus\ GF•ngC - c1� Loo ti,.. 6• 1^n cN S Rt•P t' �qRd 6¢�l..l_ _� Corporate or Partnership tle 9 -� ' u ol?. Corporate or Partnership Address als. if this is eltransfer application give name, address, of persons, partnership or corporation holding license for the past year, • 019. Who Owns the bar /tavern fixtures? -•yeUC a; N - YS P;724 13and 6W:L%- �1k. 20. Are you a Minnesota resident? lid Yes Il No 19 {,L pe£se y+ �G�I Frans To If not, where resident? Dates of Residency 21. Residential Address during Past Five (5) Years: )fohb C�naurti LtR (sL <n: c6�yry,v. Q45- SeFEee�, r4yirF �sa.�rnv 22. Three( Personal `References: JA -A 0,\,u5W,u T.V .Sp," _398 1, a PQdQ 'U�)H 4•L NSr ✓TMA7_ .SQJi -�G,�(o Davt I e:S o� a� a New - UwNCIZ R ft��eRPe s 23. Employment for the Past Five Yeare: �"�y�C�.w+cor.. - Te61A;r,ICa, TtJ �yRS, Rnv Convictions Other Than Minor Traf ri"c: N�NIE S. This application suet be accompanied by detailed statement of net worth and last year's tax return and statement of method of payment for business, fixtures and inventory. 26. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioner; and all ordinances of the municipality; and I hereby certify that I have read the fore- going questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted within the state. or the cost not to exceed $10,000.00 if the investigaY ^ - .1 -! side tba state. I further understand the ordinances of the City of Hutchinson regarding the operation of em -sale liquor licenses and agree to abide by thee. Signature of Applicant Subscribed and sworn to before me this day of 19 (Notary Public) My Commission Expires: 0 C TO: Mayor & City Council FROM: Dolf Moon, Director of Parks & Recreation DATE: 3 -16 -93 RE: Recommendation of Bid Award for Rotary Park Playground Equipment The bid opening for Rotary Park Playground Equipment was held Monday, March 15th 2:00 p.m. There were two suppliers submitting bid proposals, the results were as follows. MINNESOTA PLAYGROUND P.O. Box 27328 8508 27th Place North New Hope, MN 55427 $26,718.04 EARL F. ANDERSON 9808 James Circle Bloomington, MN 55431 $26,872.33 Based on Minnesota Playground's strict adherance to the equipment specifications and their bid proposal of $26,718.04. I would recommend that Minnesota Playground be awarded the bid for Rotary Park Playground equipment. klm City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 - 5151 (612) 587 -2975 Hutchinson, Minnesota 55350 T _c1oaW lh!,dj,npdr- Police Department 10 Franklin Street South (612) 587 -2242 9- c-7: 9 I M E M O R A N D U M DATE: March 17, 1993 Tp: MAYOR AND CITY COUNCIL FROM: DOUG MEIER, MAINTENANCE OPERATIONS SUPERVISOR SUBJECT: RECOMMENDATION CONCERNING THE PURCHASE OF A TRACTOR WITH ATTACHMENTS FOR THE PARK DEPARTMENT -- On March 9th, 1993 letters were sent to the following equipment dealers requesting quotes concerning the purchase of one (1) new 1993, John Deere tractor with attachments: L & P Supply Company, Tepley Equipment and - itchfield Implement. The results are as follows: & P Supply 1470 South Grade Road Hutchinson, MN 55350 One (1) new 955 Tractor with attachments 'tepley Equipment Highway 212 Glencoe, MN 55336 One (1) new 955 Tractor with attachments Litchfield Implement Armstrong and Highway 24 Litchfield, MN 55355 One (1) new 955 Tractor with attachments City Iran 3 7 1Vashingtou Avenue West (1,12) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 $21,:388.97 $22,620.50 $24,:123.00 9— Police Depertnrea 10Traaklin Strcet South (t 12) :;87- 2242 MY recommendation is that L & P Supply be awarded the contract to supply one (1) new 955 John Deere Tractor with attachments to the City of Hutchinson for a total bid price of $21,388.97 which was the lowest bid submitted. Tho 355 tractor will be replacing a 1961 Allis Chalmers D17 tractor which will then be sold at the City auction this fall. The D17 Allis Chalmers tract... A+as budgeted for replacement this year. L & P Supply was $1,111.03 under oudget. E u C; M E M 0 R A N D U M- DATE: September 17, 1992 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS REQUESTED BY HUTCHINSON TECHNOLOGY INC. The Hutchinson Planning Commission recommends approval of the request stating it is to include the entire Lot 6. • • City Hall 37 Washington Avenue [Vest (612) 557 -5151 Parks & Recreation 900 Harrington Street (612) 557 -2975 Hutchinson, Minnesota 55350 - Prin fed oa rt'cydcA �ntpc� - Police Deparhnent 10 Franklin Street South (612) 557 -2242 9-s HTI w"+ PROPERTY �I•s a neat ' AREA TO BE WIGEN z id: ANNEXED ? ,1 PROPERTY a' Z lug ., I �I I. 2 a -NIIL: D^p 36 m s a I -1 0 a a 1+ LIN pY '4S 1 1 S 'a a s ,sr 4 • a x — p0.1vE i a s a 1 f 37 t� a at 9 � 0 AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE WHEREAS, certain parcels of land as more particularly described below abut or adjoin the City of Hutchinson; WHEREAS, the Minnesota Municipal Board pursuant to Minnesota Statutes Chapter 414 has approved the following annexation; WHEREAS, it would be in the public interest to annex and incorporate said lands into the City of Hutchinson; NOW, THEREFORE, the City of Hutchinson does ordain: • SECTION 1. That the lands hereafter described shall be, and the same hereby are, annexed to the City of Hutchinson, a Minnesota municipal corporation, located in the County of McLeod and State of Minnesota and from and after passage and publication of this ordinance, said lands shall be annexed to and become a part of and included in the corporate limits of the City of Hutchinson: Lot 6 of Auditor's Plat of West half of Section 32, Township 117 North, Range 29 West, as measured at a right angle to the North line of said Lot 6, except for the Northerly 914.40 feet SECTION 2. This Ordinance shall become effective from and after publication. Adopted by the City Council this 13th day of April, 1993. Paul L. Ackland Mayor ATTEST: • Gary D. Plotz City Administrator 9 l C DATE: March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "OAKRIDGE" SUBMITTED BY JAMES JOHNSON (Name changed to JIM JOHNSON Pursuant to Section 3.20 of Subdivision Ordinance No. 466,AthIeION) Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary and final plat. HISTORY On January 29, 1993, Mr. James Johnson, General Contracting Inc., submitted a preliminary and final plat of OAKRIDGE. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, February 16, 1993, at which time the hearing was continued to Tuesday, March 16, 1993, there were no neighboring property owners objecting to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, February 4, 1993. 3. Director of Engineering, John Rodeberg, will submit certification that the proposed preliminary and final plat meets all the requirements of the Subdivision Ordinance as per Final Plat Data. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned preliminary and final plat be approved as submitted subject to staff recommendations being met as follows: Parking is sufficient 92 R 1.5 =242 spaces required by ordinance the plan shows 261 spaces. - Provide right -of -way at existing Texas Ave termination (aquisiti'on from Assembly of God Church and owner of Twin Oaks) City staff could find no record on this matter. City Hall Parks & Recreation 37 Washington Avenue West Police Deyarbnent (612) 587 -5151 900 Harrington Strcet 10 Franklin Street South (612) 587 -2975 (612) 587 -2242 Hutchinson, A7innesota 55350 G)_ City staff will submit to the Fire Department for access review and hydrant locations. Provide water service calculations verifying adequate pressure for fire protection (service is looped). Parkland contribution and tot lot facilities to be submitted to Hutchinson Park Board for review and recommendation. City Attorney to provide title opinion and reivew financial ability to perform. City will notify Erickson and Templin and Mrs. Zabel of future roads. - Ponding appears adequate. - Addressing system to be extended similar to Twin Oaks. Shield garbage. Texas Ave. watermain must be 8 ". Water services appear small, city has experienced that high velocities create pinholes. Define curb stops (water) and preferred gas and water meter arrangement. Berm North side - provide tree planting at 1 per 800 sq. ft. of landscaped area. Identify handicap units and parking stalls. Provide 10' easements around complete property. plan. Provide gas and electric size and locations on utility p Plat name is to be changed, there is already a "North Oakridge" plat in the city. Respectfully submitted, Clinton Gruett, Chairman Hutchinson Planning Commission U '.AROLINA AVENIs y f nr L J L I I UN • _ _ 1 ] YFL1LxOY n IrL — I "' N *n )v FNUt �r r grNl R -1 .CC,r rUN ].. ] fMrlO 1 PARK { I. s. o�r]or . I1� • . rla ]_ .0 S (VACATED) I ,._... .: ) f • ) • • ) • %• A Oil A,.• . �_ ! ] O ] 0 9] AVENUE arrfui ]] '� • R-5 �( � -� _LI-J_ ,] p]V ' "a� PLATTEDTO BE i "OAKRIDGE" � - -� ,- -r-, ._._�_ .. LL I _ . ° : � 2 C Ji 1YL �o`y /�.,y' ✓drat eL. l m• _ FF .polTlo] J I n � I e•r .I M1Tgn c 1/� �����L,IfL�L1NL�gTN41L 4 y I / r IA,. R -1 CO Av9 TF. N W vnl 4 OMV•rq( wq OL JAW al W vnl 4 OMV•rq( wq OL JAW I r, ^a ; % mI N O P ± \ o pl v F 2 0 N W PVv � i P W I W N (V v NB9 °StOp'p W O m 8000 O 25.00 1 t IN = S21°35'56' 1 _ 0 v� 1 0 s a +• = L Z O O 29 OB. i200 • 14 INCH IRON PIPE .117H LICENSE NO. 12254 EASEMENTS ARE SHOWN THUS: bI 1 6� I. 1\ I __ 305.6 39 °21'5�8"yy "- 24.81 N44 021'58 "W 736.75 N89 °61'20'E OAKRIDG[ e .I 3 M 1 sad V A _3.85 V -_ 512 9- 6B9 °bp0 °y 30 TEXAS AVENUF^ zs3 BS C'- 7.2 - 20001 S89 051'00 "W 1 .11 6B9 °5Y00 "W 6+ N O ry N CID 6 In m 370.05 N85° 51' 08.W I i RESOLUTION NO. 9907 • RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT KNOWN AS JIM JOHNSON ADDITION WHEREAS, Mr. James Johnson, has submitted an application for approval of a preliminary and final plat to be known as JIM JOHNSON ADDITION of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described lands in McLeod county, to -wit; Legal Description: Lot 2, Block 1, Twins Oaks Addition BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said preliminary and final plat of JIM JOHNSON ADDITION 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 subject to the following staff recommendations: - Parking is sufficient 92 X 1.5 =242 spaces required by ordinance the plan shows 261 spaces. - Provide right -of -way at existing Texas Ave termination (acquisition from Assembly of God Church and owner of Twin Oaks) City staff could find no record on this matter. - City staff will submit to the Fire Department for access review and hydrant locations. - Provide water service calculations verifying adequate pressure for fire protection (service is looped). - Parkland contribution and tot lot facilities to be submitted to Hutchinson Park Board for review and recommendation. - City Attorney to provide title opinion and review financial ability to perform. - City will notify Erickson and Templin and Mrs. Zabel of future roads. - Ponding appears adequate. - Addressing system to be extended similar to Twin Oaks. - Shield garbage. - Texas Ave. watermain must be 8 ". - Water services appear small, city has experienced that high velocities create pinholes. - Define curb stops (water) and preferred gas and water meter arrangement. - Berm North side - provide tree planting at 1 per 800 sq. ft. of landscaped area. Identify handicap units and parking stalls. - Provide 10' easements around complete property. - Provide gas and electric size and locations on utility plan. - Plat name is to be changed, there is already a "North Oakridge" plat in the city. i 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 23rd day of March, 1993. ATTEST: Gary D. Plotz, City Administrator Paul L. Ackland Mayor 0 0 0 0 DATE: March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REZONING FROM R -3 TO R -4 IN TWIN OAKS ADDITION REQUESTED BY JAMES JOHNSON Pursuant to Section 6.06, C4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On January 29, 1993, Mr. James Johnson, General Contracting Inc., submitted a request to rezone property from R -3 (Multiple Family Residence District) to R -4 (Multiple Family Residence District) located in Twin Oaks Addition. A hearing was held at a regular meeting of the Planning Commission on Tuesday, February 16, 1993, and continued to March 1, 1993, there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, February 4, 1993. 3. It was the consensus of the request be approved subject to and subdivision agreement. RECOMMENDATION It is the recommendation of the aforementioned request to rezone be set forth above. Planning Commission that the execution of building permit Planning Commission that the granted based on the findings Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission City Hall Parks b Recreation Police Departntent 37 Washington Avenue Nest 900 Harrington Street 10 Franklin Street South (612) 557 -5151 (612) 537 -2975 (612) 567 -2242 Hutchinson, Minnesota 55.350 �J� /I {— 'ANOL INA AYEMS [ [A� •, I rl � • LHELt�ND% N LLL • °' • 1 , t N �i, •. I ,.. �— C INCH •IV [NUC MN � ..•�I�� is �? _�� --La 1 �IDA •� i , R- I - ,f rLPN • Ou•a0• • , L ( - 11 :_ gJ.fl}_._ (VACATED) Nd V AE NVE aura 1 • II II�1) I. If If!Ir I If f • t0 • I ' 4 ,ei w! fai DYmM:1 )I (r „� R _5 I l -•�.. J-1 ^2 2 1 I 11 ;.;• AREA TO BE REZONED R -3 TO R -4 �k - I I , J• b , ..1C(_. - C - � Ir i 0O I'9 Sf i I l ' LrvH[P tM1fA( bLOU[( su lJ ORDINANCE NO. 93 -77 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from R -3 Multiple Family Residence to R -4 Multiple Family Residence, with the following legal description: Lot 1 and Lot 2, Block 1, Twin Oaks Addition Adopted by the City Council this 13th day of April, 1993. • ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor C DATE: March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY REQUESTED BY JAMES JOHNSON FOR CONSTRUCTION OF 92 UNIT RENTAL TOWNHOUSES ON TEXAS 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 February 26, 1993, James Johnson, submitted an application for a conditional use permit to allow for the construction of 92 unit rental townhouses on Texas Ave. A public hearing was held at a regular meeting of the Planning Commission on Tuesday, March 16, 1993, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 4, 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 be granted based on the findings set forth above. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Cihj Hall Parks & Recreation Police Deparhnent 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 5b7 -2212 Hutchinson, Minnesota 55350 i L `oa 40� 0 v i_pi f''BLocK_1 I A I 10 I ��_ f I � co OI I I s Al�� o \� TEXAS AVE. 1 0 C e LOT t. BLOCK 2 , TUNE TO NHOU SES, L. AS AVE. 4� RESOLUTION NO. 9908 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO CONSTRUCT 92 UNIT RENTAL TOWNHOUSES LOCATED ON TEXAS AVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. James Johnson, General Contracting Inc., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow for the construction of 92 unit rental townhouses located on Texas Ave. with the following legal description: Legal description: Lot 2, Block 1, Twin Oaks 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. 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 23rd day of March, 1993. ATTEST: Gary D. Plotz City Administrator E Paul L. Ackland Mayor 0 i I DATE: March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY W.A. HELLAND FOR CONSTRUCTION OF HOUSE LOCATED AT 1200 7TH AVE NW Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On February 16, 1993, for a variance to meet A hearing was held Commission on Tuesday, one present objecting Mr. W. A. Helland, submitted an application average setback located at 1200 7th Ave NW. at the regular meeting of the Planning March 16, 1993, at which time there was no to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 4, 1993. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be granted the hardship being the demensions of the corner lot. City Hall 37 Washington Avenue West (612) 557 -5151 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 5S7 -2975 Hutchinson, Minnesota 55350 - r -, r, ra c" n �U,h%1 pa!"., - Police Deparhnent 10 Franklin Street South (612) 557 -2242 Se.ve17t11 /)VENUE N. w „+ SF/ 9,Ifle yS�F�o^ cci /''�. 0 0 O �l a Z q—/, I RESOLUTION NO. 9909 • RESOLUTION GRANTING VARIANCE FROM SECTION 6.05 OF ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER TO MEET AVERAGE SETBACKS LOCATED ON SCHOOL RD AND 7TH AVE NW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. W.A. Helland, has applied for a variance from Section 7 of Zoning Ordinance No. 464 to meet average setback located at 1200 7th Ave NW with the following legal description: Legal Description: Lot 5, Block 2, Helland's Fourth Addition 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CONCLUSION The application for variance be granted based on the findings set forth above noting the hardship of the dimensions of the corner lot. Adopted by the City Council this 23rd day of March, 1993. • ATTEST: Gary D. Plotz, City Adm. Paul L. Ackland, Mayor '?— /'o 0 C DATE: March 17, 1993 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: AMENDMENT TO ZONING ORDINANCE #464 AS SUBMITTED BY CITY STAFF 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 to amend the Zoning Ordinance. HISTORY In February of 1993 the Hutchinson Planning Staff brought to the attention of the Planning Commission the need to make changes to the zoning ordinance regarding dwelling density in the R -3 district from 4,500 square feet to 4,000 square feet per unit on 4 or more family or townhouses in Section 8.05 and Section 9. FINDINGS OF FACT 1. All procedural requirements Ordinance have been complied 2. Notice was published in the March 4, 1993. 3. The proposal was deemed to interest of the City. for amendments to the Zoning with. Hutchinson Leader on Thursday, be appropriate and in the best The hearing was held at the regular meeting of the Planning Commission on Tuesday, March 16, 1993, at which time there was no one present who objected to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend Zoning Ordinance #464 be approved. Cihj Hall 37 Washington Avenue West (612) 557 -5151 Respectfully submitted, Clinton Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Strect (612) 597 -2975 Hit tdlinson, A1innesoh155350 Police Deparhnent 10 Franklin Street South (612) 597 -2242 9A 0 ORDINANCE NO. 93 -78 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 8.05 AND SECTION 9, DWELLING UNIT DENSITY IN R -3 DISTRICT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Section 8.05 and Section 9 DWELLING UNIT DENSITY is amended as follows: • Change dwelling density in R -3 District from 4,500 square feet to 4,000 square feet per unit on 4 or more family or townhouses in Section 8.05 and Section 9. SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 13th day of April, 1993. ATTEST: Gary D. Plotz City Administrator 11 Paul L. Ackland Mayor r t :i DATE: March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD GROUP HOME FOR RESIDENTS SCHOOL Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On February 26, 1993, McLeod County Group Homes, Inc., submitted an application for a conditional use permit to allow for a residents school located at 440 Grove St. . A public hearing was held at a regular meeting of the Planning Commission on Tuesday, March 16, 1993, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 4, 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 be granted based on the findings set forth above. is Cihj Hall 37 Washington Avenue West (612) 587 -5151 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 Police Department 10 Franklin Street South (612) 587 -2242 9- RESOLUTION NO. 9910 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER . SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW FOR A GROUP HOME RESIDENTS SCHOOL LOCATED AT 440 GROVE ST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. McLeod County Group Homes, Inc., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow for a group home school located at 440 Grove St. with the following legal description: Legal description: North Half of Lot 3, Block 54 South Half City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be 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 23rd day of March, 1993. ATTESTe Gary D. Plotz City Administrator Paul L. Ackland Mayor 0 —L 0 i C DATE: March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY FOR CONSTRUCTION OF HOUSEHOLD HAZARDOUS WASTE FACILITY IN FAIR GROUNDS ADDITION 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 March 1, 1993, McLeod County and McLeod County Agriculture Association, submitted an application for a conditional use permit to allow for construction of a Household Hazardous Waste Facility located at 860 Century Ave. A public hearing was held at a regular meeting of the Planning Commission on Tuesday, March 16, 1993, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was paid. submitted and the appropriate fee 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 4, 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 be granted based on the findings set forth above. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission City Hall Parks & Recreation Police Department 37TVaslnllgton Avenue GVest 900 Harrington Street 10 Franklin Street South (612) 557 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 J L BOUNDARY AND TOPOGRAPHIC SURVEY for MCLEOD COUNTY N THE EAST 200.00 FEET OF LOT 2 • BLOCK 1! FAIR GROUNDS ADDITION, 9EpEn le.+. +o. our of .ar. a..ar•, ...a 1a •o•I a.. m.a" V 1 �W qE. Eis' q yE m+ o! Lo! : ESE r +..Ow �665r a�mr•oraw•n eons e11 IWOOJ ': ELEr <nG.uS <W xri �vl<M V.a <EP SCPVICC X0.0.9 \ ? h iYl.'a15•.I Ir a F- CENTURY =- AVENUE + 9 „ • `o�`.;, —T r — r r —v ... - 66 '. . ` ' � (ev�69 .E. e• <•s• q s.ornse.er (� ar X56 <a • . � � r LL sx �l E6.P- wro N89.1700'E 20000 zli R �0 xa SOD I eua0w< i GLOW ELEY 1089 5 9 1 9 1 9 1 9 1 9 1 9 P I� u6wm[ SxE� ,o • u Crwrq! ve moor w.•mrr 1 f h� C-Ic 4i 6 /4 ?i )0 ca" r �P x0 20 N69-17 00-E 20000 P rs n_ 4 ....a +e rnu+ a. uanL w u!a oa.! lsC —rr, nt3 O '.lam Ir N W I 1 W 1 OGExiNGI w V 1 1 I �vl<M V.a <EP SCPVICC ? h iYl.'a15•.I Ir F- W Q I J � � r LL N69-17 00-E 20000 P rs n_ 4 ....a +e rnu+ a. uanL w u!a oa.! lsC —rr, nt3 O €r N � oMPoS(((000 W ptivE.C� II ' I 1 W 1 OGExiNGI w 1 1 I �vl<M V.a <EP SCPVICC 14 —q 3 u €r I B. h I �P 1 ? h iYl.'a15•.I Ir 14 —q 3 u RESOLUTION NO. 9911 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW FOR CONSTRUCTION OF HOUSEHOLD HAZARDOUS WASTE FACILITY IN FAIR GROUNDS ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MNs FINDINGS 1. McLeod County and McLeod County Agricultural Association, have made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow for the construction of a Household Hazardous Waste Facility located at 860 Century Ave. with the following legal description: Legal description: The East 200 feet of Lot 2, 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. 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 23rd day of March, 1993. ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor 9- 11 • C M E M O R A N D U M DATE: March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF SKETCH PLAN SUBMITTED BY LEROY CHRISTENSEN, HUTCHINSON TWP, 2 MILE RADIUS After much discussion the planning commission has no objection to the sketch plan in concept. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 5S7 -2975 Hutchinson, Minnesota 55350 - [ ":Wcd on nrudrd pipr.- Police Department 10 Franklin Street South (612) 557 - 224422 M E M O R A N D U M DATE: March 3, 1993 TO: Hutchinson Planning Commission FROM: Planning Staff - G. Plotz, J. Marka, M. Hensen, J. Rodeberg and C. Mangan (HCDC) SUBJECT: CONSIDERATION OF SKETCH PLAN SUBMITTED BY LEROY CHRISTENSEN, HUTCHINSON TWP, 2 MILE RADIUS The planning staff recommends no objection to the request and suggest the following: - There may be a major intersection in the future due to the fringe road. Plat right -of -way, have the county highway department review future proposed roadway locations. Provide percolation tests on soil. - Review plat with fire department. Recertify all existing septic systems within plat. Provide certified installers and inspectors for septic systems in the plat. The development is on the edge of the urban expansion area. cc: LeRoy Christensen 0 L.J t 3 6 O a HUTCHINSON TOWtShea 117 NCRTH CODE-2 RANGE 29 WEST MEEKER Co. TWY. _ I L l 'v e LM1l>nn —11i1 .r.uc a. SMALL TRACT OWNERS t TWY. _ I L l 'v e 0 J, re #Ofe-rAl 11.4-1-1 Lu cx ,J 2 ~C l C3 -1 C c 01 19 /0E /r I / i I i Ye ¢a—A I i • 0 HUTCHINSON Tuesday, 1. CALL TO ORDER FpR YOUR IN FpRMgTI pA/ MINUTES PLANNING COMMISSION March 16, 1993 The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Dean Wood, Bill Craig, Roland Ebent, Roger Gilmer, Craig Lenz and Chairman Gruett. Members Absent: E1Roy Dobratz Also Present: Jim Marka, Building Official. 2. MINUTES Mr. Ebent made a motion to approve the minutes of the regular meeting dated Tuesday, February 16, 1993. Seconded by Mr. Wood the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF REZONING FROM R -3 TO R -4 REQUESTED BY AUGUSTA BUILDING CORPORATION FOR PROPERTY SOUTH OF PLAZA HEIGHTS ADDITION Chairman Gruett reopened the hearing at 5:31 p.m. with the reading of publication #4472 as published in the Hutchinson Leader on Thursday, January 7, 1993. The request is for the purpose of considering rezoning from R -3 to R -4 property south of Plaza Heights. Building Official Jim Marka commented on the staff recommendation to withdraw the request. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 5:32 p.m. Mr. Craig made a motion to remove the rezoning from the agenda, seconded by Mr. Gilmer the motion carried unanimously. (b) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CONNIE CAMPA, KARATE SCHOOL, HWY 15 N Chairman Gruett reopened the hearing at 5 :33 p.m. with the reading of publication #4473 as published in the Hutchinson Leader on Thursday, January 7, 1993. -The request is for a conditional use permit to allow the owner to construct a karate school located on Hwy 15 N. Mr. Marka explained the type of structure has possibly changed and will no longer require a conditional use permit. 1 HUTCHINSON PLANNING COMMISSION MINUTES 3/16/93 Mr. Lenz moved to close the hearing, seconded by Mr. Wood the hearing closed at 5:34 p.m. Mr. Lenz made a motion to withdraw the request from the agenda, seconded by Mr. Wood the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "OAKRIDGE" SUBMITTED BY JAMES JOHNSON Chairman Gruett reopened the hearing at 5:35 p.m. with the reading of publication #4477 as published in the Hutchinson Leader on Thursday, February 4, 1993. The request is for the purpose of considering a preliminary and final plat of Oakridge located on Texas Ave. Building Official Jim Marka commented on the revised drawings including plat, rezoning and conditional use permit. He stated the developer is working on the financing of the project. Mr. Marka addressed the following items of staff recommendation: - Proposed parking is adequate for the development. - There are concerns with water service for fire protection. - Dolf Moon is discussing park land with the Park Board. . _ Calculations for ponding are adequate. Addressing system has been completed. - A mechanical engineer is to verify the 8" watermain. - Water services are to be upgraded to 1 -1/2 ". - 10' easements are now revised on the property. - The plat name is to be changed. (The new proposed name is Jim Johnson Addition). - $75.00 fee is to be paid for the conditional use permit. (This fee was paid on 3/18/93) Mr. Marka stated the staff is positive to the development. Mr. Ebent made a motion to close the hearing, seconded by Mr. Wood the hearing closed at 5:38 p.m. Mr. Ebent made a motion to approve the request subject to the staff recommendations and the approval of the rezoning and conditional use permit. Seconded by Mr. Gilmer the motion carried unanimously. (d) CONSIDERATION OF REZONING FROM R -3 TO R -4 IN TWIN OAKS ADDITION REQUESTED BY JAMES JOHNSON Chairman Gruett opened the hearing at 5:39 p.m. with the • 2 HUTCHINSON PLANNING COMMISSION MINUTES • 3/16/93 reading of publication #4476 as published in the Hutchinson Leader on Thursday, February 4, 1993. The request is for the purpose of rezoning property from R -3 to R -4 located on Texas Ave. Building Official Jim Marka commented on staff recommendation of approval based on execution of the building permit and subdivision agreement. Mr. Lenz made a motion to close the hearing, seconded by Mr. Wood the hearing closed at 5:40 p.m. Mr. Lenz made a motion to approve the rezoning based on staff recommendations. Seconded by Mr. Wood the motion carried unanimously. (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JAMES JOHNSON FOR CONSTRUCTION OF 92 UNIT RENTAL TOWNHOUSES ON TEXAS AVE Chairman Gruett opened the hearing at 5:41 p.m. with the reading of publication #4484 as published in the Hutchinson Leader on Thursday, March 4, 1993. The request is for the purpose of allowing the construction of a 92 unit rental townhouse located in the proposed • Oakridge plat. Building Official Marka commented on staff review of the site plan being positive. Mr. Ebent moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 5:42 p.m. Mr. Ebent made a motion to approve the request subject to approval of the plat and rezoning. Seconded by Mr. Lenz the motion carried unanimously. (f) CONSIDERATION OF VARIANCE REQUESTED BY W.A. HELLAND FOR CONSTRUCTION OF HOUSE LOCATED AT 1200 7TH AVE NW Chairman Gruett opened the hearing at 5:43 p.m. with the reading of publication #4485 as published in the Hutchinson Leader on Thursday, March 4, 1993. The request is for the purpose of considering a variance to meet average setback located at 1200 7th Ave NW. Building Official Marka commented on the site plan and the minimum setbacks. Mr. Les Bulau, 530 School Rd N, voiced concern with the proposed home blocking view for his home. • 3 HUTCHINSON PLANNING COMMISSION MINUTES is 3/16/93 Mr. Marka commented on the previously granted variance in the area also on a corner lot. He stated the home fits with the character of the neighborhood. Discussion followed on the size of home that would fit on the lot. After explanation Mr. Bulau had no problem with the request. Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 5:52 p.m. Mr. Craig moved to approve the request sighting the corner lot as a hardship. Seconded by Mr. Lenz the motion carried unanimously. (g) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REQUESTED BY CITY STAFF TO CHANGE DWELLING UNIT DENSITY FROM 4500 SQ. FT. TO 4000 SQ. FT. IN R -3 DISTRICTS Chairman Gruett opened the hearing at 5:53 p.m. with the reading of publication #4487 as published in the Hutchinson Leader on Thursday, March 4, 1993. The request is for consideration requested by city staff to amend the Zoning Ordinance #464 to change dwelling density in the R -3 District from 4,500 square feet to 4,000 square feet per unit on 4 or more family or 40 townhouses in Section 8.05 and Section 9. Building Official Jim Marka explained the previous ordinance was considerably less and the revised ordinance in very restrictive to develop. He explained density fluctuates from city to city. Mr. Ebent moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 5:59 p.m. Mr. Ebent made a motion to approve the request. Seconded by Mr. Lenz the motion carried unanimously. (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD GROUP HOME FOR RESIDENT'S SCHOOL Chairman Gruett opened the hearing at 6:00 p.m. with the reading of publication #4488 as published in the Hutchinson Leader on Thursday, March 4, 1993. The request is for the purpose of considering a conditional use permit requested by McLeod Group Home for a resident's school. Building Official Jim Marka commented on the school the use of the building. He stated there will be no change in the dimension of the building or in occupancy. • 4 HUTCHINSON PLANNING COMMISSION MINUTES is 3/16/93 Dr. Peter Malmberg, Director of Crow River Special Education, explained the placement of students into the group homes and what counties they come from. Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 6:05 p.m. Mr. Craig made a motion to approve the request. Seconded by Mr. Gilmer the motion carried unanimously. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY FOR CONSTRUCTION OF HOUSEHOLD HAZARDOUS WASTE FACILITY IN FAIR GROUNDS ADDITION Chairman Gruett opened the hearing at 6:0 reading of publication # as published in Leader on Thursday, March 16, 1993. The the purpose of considering a conditional the construction of a household hazardous in the Fair Grounds Addition. 6 p.m. with the the Hutchinson request is for use permit for waste facility Building Official Jim Marka explained the meaning of household hazardous waste. Mr. Ed Homan, McLeod County Zoning Administrator presented several options of the • site plan with option #3 being the county selection. Mr. Tim Ulrich, McLeod County Fair Board, commented on the proposed main entrance to the fairground. There was discussion on the structure of the building and the handling of the products. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:35. Mr. Craig moved to approve option #3 of the request. Seconded by Mr. Ebent the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF SKETCH PLAN SUBMITTED BY LEROY CHRISTENSEN, HUTCHINSON TWP, 2 MILE RADIUS Building Official Marka explained the staff recommendations and the major concern is developing urban in rural. County Zoning Administrator Ed Homan addressed the procedure for reviewing the proposed streets. Discussion followed on the testing of soils and the desirability to develop outside the city limits. There was much discussion on the city making recommendations on 0 5 HUTCHINSON PLANNING COMMISSION MINUTES 3/16/93 sketch plans as a concept. Mr. Craig moved to recommend no objection to the concept of this sketch plan, seconded by Mr. Lenz the motion carried unanimously. Mr. Lenz moved to direct city staff to work with county staff to develop a procedure for criteria of which the city and county would have the same procedures to follow. This would be presented at the next planning commission meeting. Seconded by Mr. Ebent the motion carried unanimously. (b) COMMUNICATION FROM STAFF Building Official Marka presented a request for a conditional use permit within the 2 mile radius submitted by Skip Quade regarding a gravel pit operation. There was no motion made. 5. OLD BUSINESS f:I071f:i 6. ADJOURNMENT There being no further business the meeting was adjourned at 7:30 p.m. 0 6 ARNOLD & MCDOWELL ATTORNEYS AT LAW 5881 CEDAR LAZE ROAD - XINNEAPOLIS, MINNESOTA 55416-1492 ( 612) 545 - 9000 MN TOLL FREE 800- 343-4343 FAE (612) 50.5 -1793 March 17, 1993 Gary D. Plotz Hutchinson City Administrator 37 Washington Ave. W. Hutchinson, MN 55350 RE: Clyne v. City of Hutchinson Our File No. 3188 -87001 Dear Gary: OF COUNSEL VILLIAM M. CAMERON HAYMOND C. FAT ITER 501 SOUTH FOURTH STREET PRINCETON, MLNNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 101 PARR PLACE HUTCHINSON, MIHNESO-IA 55350 (612) 567 -7575 FAX (612) 567 -4096 MAR 199.3 IMCMVPZ 8� I enclose copies of correspondence from attorneys Ted Sullivan and Dan Prochnow and two original Reverse Naig Settlement Agreements. The individual in question is employed with the city through Hutchinson Utilities. The Settlement Agreements enclosed herewith should be executed by the or may, and it probably makes sense to put t _his matter on the agen a or approva y t e council. This agreement does not involve any aclaitional iiability on the part of the city. This agreement more particularly concerns matters of insurance coverage, but nonetheless, execution by the mayor is required. Please place this matter on the agenda for the next regularly Once both agreements have been executed, please retain a copy for the city files, send a copy to Dan Prochnow and return both originals to attorney Ted Sullivan. Our office does not need a copy. Thank you for your time and attention to these matters. Best regards. Very truly yours, OLD & McDO�WEL "L,', G. BarryAKderson (/ " GBA /pb Enclosures 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION / .- ­ ERTIFIED AS A UF.LL PROPERTY" LAN' SPECIALIST B] 'THE MINNESOTd STATE RAR ASSCC,ATIOS DAVID B. ARNOLD GARY D. M<GuwcLL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOE LAURA E.FRETLAND DAVID A. BRIIEOGEM.WN PAUL D. DOVE'" JOSEPH M. PAIEMENT JAMES UTLEY RICHAHD O. MCGEE CATER" D. REHER GINA M. HRANDT ARNOLD & MCDOWELL ATTORNEYS AT LAW 5881 CEDAR LAZE ROAD - XINNEAPOLIS, MINNESOTA 55416-1492 ( 612) 545 - 9000 MN TOLL FREE 800- 343-4343 FAE (612) 50.5 -1793 March 17, 1993 Gary D. Plotz Hutchinson City Administrator 37 Washington Ave. W. Hutchinson, MN 55350 RE: Clyne v. City of Hutchinson Our File No. 3188 -87001 Dear Gary: OF COUNSEL VILLIAM M. CAMERON HAYMOND C. FAT ITER 501 SOUTH FOURTH STREET PRINCETON, MLNNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 101 PARR PLACE HUTCHINSON, MIHNESO-IA 55350 (612) 567 -7575 FAX (612) 567 -4096 MAR 199.3 IMCMVPZ 8� I enclose copies of correspondence from attorneys Ted Sullivan and Dan Prochnow and two original Reverse Naig Settlement Agreements. The individual in question is employed with the city through Hutchinson Utilities. The Settlement Agreements enclosed herewith should be executed by the or may, and it probably makes sense to put t _his matter on the agen a or approva y t e council. This agreement does not involve any aclaitional iiability on the part of the city. This agreement more particularly concerns matters of insurance coverage, but nonetheless, execution by the mayor is required. Please place this matter on the agenda for the next regularly Once both agreements have been executed, please retain a copy for the city files, send a copy to Dan Prochnow and return both originals to attorney Ted Sullivan. Our office does not need a copy. Thank you for your time and attention to these matters. Best regards. Very truly yours, OLD & McDO�WEL "L,', G. BarryAKderson (/ " GBA /pb Enclosures 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION / .- ­ ERTIFIED AS A UF.LL PROPERTY" LAN' SPECIALIST B] 'THE MINNESOTd STATE RAR ASSCC,ATIOS BRADFORD, PROCHNOW & NEWMAN . ATTORNEYS AT LAW 75 HASSAN STREET SOUTH DANK PROCHNOW P.O. BOX 130 SCOrr7 NEWMAN' HUTCHINSON, MINNESOTA 55350 TELEPHONE (6 +1) 587 -272a FAX NUMBER (612) 587 -7927 March 11, 1993 Mr. G. Barry Anderson Attorney at Law 101 Park Place Hutchinson MN 55350 Re: Gary Clyne vs. City of Hutchin >on Dear Barry: OF COUNSEL CUR77S M BRADFORD Enclosed please find original and copies of the Reverse Naig Settlement Agreement in the above captioned matter. Clyne was injured while on the job at Hutchinson Utilities in 1990. He brought a third party action against the manufacturer of the equipment that caused the injury and the City intervened to obtain reimbursement of comp benefits paid. The matter has now been settled and the documentation needs execution. Would you kindly obtain Council approval and the Mayor's signature as soon as possible. Upon receipt of the same, please r -.turn the documents to my office. Thank you very much for your courtesy and cooperation. DKP:cap Enclosure i Very tru11 yours, BRADFORD PROCHNOW an Prochnow Attorne;- I.D. No . ' C %d 11,11 N11,1h,i C11 -hlJ 6, the ll,nna u,a Sm,e 8— Assxian:n & NEWMAN 130424 D I S N S \r ru itvEV. ' " T ` , " ' March 4, 1993 Mr. Dan Prochnow Attorney at Law P. O. Box 130 Hutchinson, Minnesota 55350 RE: Gary Clyne v. City of Hutchinson Our File No: 1039 Dear Dan: As you know, we have been representing the City of Hutchinson. We have now settled this matter for $18,500 as it pertains to the City's workers' compensation subrogation interests. In order to take care of this matter, we have to get the Reverse Naig Settlement Agreement signed. Since the City of Hutchinson was the named intervenor, I do need their signature. I would appreciate it if you would present the enclosed Reverse Naig Settlement Agreement to the appropriate party at the City who can release claims for the City. This Agreement must be signed and notarized. The signature line is on Page 6 of the Agreement. Please have the original and all copies signed, notarized, and returned to me as soon as possible. Thank you for your help. I hope things are going well for you. Very truly yours, LIND, JENSEN & SULLIVAN Professional Association Ted E. Sullivan TES:prc A PROFE)ilU\ ir Enclosures • Aiti7c:N.'iu♦ 4'r • STATE OF MINNESOTA COUNTY OF MCLEOD Gary Clyne and Patricia Clyne, Plaintiffs, and City of Hutchinson, Intervenor, VS. McLeod Co- operative Power Association, a Minnesota corporation; and Vermeer Manufacturing Co., a foreign corporation, 0 Defendants. DISTRICT COURT FIRST JUDICIAL DISTRICT PRODUCT LIABILITY Court File No.: 24169 REVERSE NAIG WHEREAS, on September 19, 1990, plaintiff, Gary Clyne was employed by the City of Hutchinson, in Hutchinson, Minnesota. WHEREAS, on September 19, 1990, the City of Hutchinson was self - insured for workers' compensation. WHEREAS, plaintiffs claim in the above- captioned lawsuit that on September 19, 1990 plaintiff Gary Clyne was injured while cleaning the battery of a M -470 Vermeer trencher, manufactured by Vermeer Manufacturing Co., previously owned by McLeod Co- operative Power Association and currently owned by the City of Hutchinson. 0 32825 WHEREAS, plaintiffs and Intervenor allege that Defendants Vermeer and McLeod Co- operative are liable to them for negligence and failure to warn, and plaintiffs claim as a result of the incident they have suffered damages in excess of $50,000. WHEREAS, as a result of plaintiff Gary Clyne's injuries, the City of Hutchinson, has paid workers' compensation benefits to or on behalf of plaintiff Gary Clyne in the sum of approximately $52,146 as of December 2, 1992 consisting of disability payments, vocational rehabilitation and medical expenses. WHEREAS, Vermeer contends that it was not negligent in designing the subject trencher and it did not negligently fail to warn plaintiff Gary Clyne. WHEREAS, McLeod Co- operative contends that it did not negligently fail to replace the seatstop on the subject trencher and it did not negligently fail to warn plaintiff Gary Clyne. WHEREAS, Vermeer contends that plaintiffs' injuries and damages were caused by plaintiff Gary Clyne's negligence and the negligence of others, including, but not limited to, the City of Hutchinson and its employees, over whom Vermeer and McLeod Co- operative had no control or right of control. NOW, THEREFORE, in order to arrive at a compromise of the disputed claims among Vermeer, McLeod Co- operative and the City of Hutchinson, it is stipulated and agreed as follows: 1. The City of Hutchinson hereby releases and waives all of its rights under Minn. Stat. § 176.061 and applicable common law to recover from Vermeer, McLeod Co- operative or any other E 32825 - 2 - 0 third -party for any sum paid or payable to or on behalf of Gary Clyne in workers' compensation benefits arising out of the September 19, 1990 incident, including all claims for damages recoverable under workers' compensation as described in Folstad v. Eder, 467 N.W.2d 608 (Minn. 1991), in consideration of payment by defendants to the City of Hutchinson in the sum of $18,500. The City of Hutchinson also agrees not to assert or prosecute any claim or demand, or to maintain any other suit or action, either at law or in equity, against Vermeer, McLeod Co- operative or any other third -party for claims arising out of Minn. Stat. § 176.061 and applicable common law arising out of its payment -- past or future -- of workers' compensation benefits to or on behalf of Gary Clyne relating to the September 19, 1990 incident. 2. The City of Hutchinson hereby represents that it has not assigned, granted, conveyed or otherwise transferred its interest in said rights, or any portion thereof, to any other person or entity or in any way incumbered the same, and that it has the authority to execute, deliver and perform this agreement. 3. In consideration of said release and waiver, Vermeer and McLeod Co- operative agree not to assert or prosecute any claim or demand, or to maintain any other suit or action, either at law or in equity, against the City of Hutchinson for contribution or indemnity arising from the September 19, 1990 incident. 4. All parties intend that this Agreement be construed according to the principles set forth in Folstad v. Eder, 467 0 32825 - 3 - N.W.2d 608 (Minn. 1991); Naig v. Bloomington Sanitation, 258 N.W.2d 891 (Minn. 1977); and Frey v. Snelgrove, 269 N.W.2d 918 i (Minn. 1978). 5. Nothing in this Agreement is to be construed as prohibiting or in any way preventing Vermeer or McLeod Co- operative from claiming at any trial that plaintiffs' damages and injuries were caused in whole or in part by the negligence or fault of the City of Hutchinson or its employees. 6. Nothing in this Agreement is to be construed as limiting in any way, the City of Hutchinson's obligation, if any, to pay workers' compensation benefits to plaintiff Gary Clyne in the future by reason of the injuries he received on September 19, 1990. Similarly, nothing in this Agreement is to be construed as creating any obligation on the part of Vermeer or McLeod Co- . operative to pay such workers' compensation benefits. 7. This Agreement constitutes the entire Agreement by the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and writings among the parties with respect thereto. This Agreement may be amended only by a writing signed by all the parties hereto. This Agreement shall inure to the benefit of and be binding upon the successor and assigns of the parties hereto. 32825 - 4 - 0 0 Dated: February _, 1993. VERMEER MANUFACTURING CO. By: _ Its STATE OF J ss. COUNTY OF j On this day of 1993, before me appeared to me personally known, who being first duly sworn, did say that he or she is the of and that the above instrument was executed in behalf of Vermeer Manufacturing Co. by authority of its Board of Directors and that said acknowledged said instrument to be the free act and deed of himself or herself and Vermeer Manufacturing Co. Notary Public ++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + ++ + + + + + + + + + + + + + + + ++ Dated: February �� ; 1993. MCLEOD CO- OPERATIVE POWER ASSOCIATI By: Its �JC 0 32825 - 5 - STATE OF MN ) ) ss. COUNTY OF McLeod ) On this 22nd day of February 1993, before me appeared Randall F. Owen to me personally known, who being first duly sworn, did say that he or she is the Manager of McLeod Coop. Power Assn. and that the above instrument was executed in behalf of McLeod Co- operative Power Association by authority of its Board of Directors and that said Manager acknowledged said instrument to be the free act and deed of himself or herself and McLeod Co- operative Power Association. RAN N s � R � MY No ary Public l Dated: February _, 1993. CITY OF HUTCHINSON By: STATE OF ss. COUNTY OF On this day of 1993, before me appeared to me personally known, who being first duly sworn, did say that he or she is the of and that the above instrument was executed in behalf of the City of Hutchinson by authority of its Board of Directors and that said acknowledged said instrument to be the free act and deed of himself or herself and the City of Hutchinson. Notary Publ 32825 - 6 - 0 0 • 11 E PETITION FOR LOCAL IMPROVEMENT BY 100% OF PROPERTY OWNERS SCHMIDTBAUERS FOURTH ADDITION - Phase 2 Hutchinson, Minnesota Dated:, 1992 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, the owners of real property abutting on Elk Drive north of Orchard Avenue, Orchard Avenue between Sherwood Street and Elk Drive, and Sherwood Street south of Elk Drive, platted as Schmidtbauers Fourth Addition, this portion to be known as Phase 2 (Lots 11 - 21 of Block 1 and Lots 8 - 15 of Block 2), hereby petition that such streets be improved by construction of sanitary sewer, watermain, storm sewer, services, grading, gravel base, curb and gutter, bituminous surfacing and appurtenances, pursuant to Minnesota Statutes, Chapter 429. OWNERS NAME Richard'S`c h mi d t b a u e r Beatrice Schmidtbauer Examined, checked and found to be in proper form and signed by the required owners of property affected by the making of the improvement petitioned for. CITY OF HUTCHINSON By=_ AiA.D3& Dated: Iv i ` Title: /o AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL This Agreement, is made this s'o day of (y--g r, 1992, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Richard Schmidtbauer of McLeod County, State of Minnesota and Beatrice Schmidtbauer of McLeod County, State of Minnesota, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owner's request, to cause the improvement of Lots 11 - 21 of Block 1 and Lots 8 - 15 of Block 2, Schmidtbauers 4th Addition - Phase 2 by construction of sanitary sewer, watermain, services, storm sewer, grading, gravel base, curb and gutter, bituminous surfacing and appurtenances, and to assess 100% of the cost of said improvements to the Owner, the Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement over a period ten years. Owner expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. In testimony, whereof, Richard Schmidtbauer and Beatrice Schmidtbuaer, have hereunto set their hand, the day and year first above written. Owners: Richard Schmidtbauer Beatrice Schmidtbauer CITY OF HUTCHINSON Mayor City Administrato • 11 • RESOLUTION NO. 9913 • RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT LETTING NO. 7 PROJECT NO. 93 -14 BE IT RESOLVED BY THE CITY COUNCIL OF F1TTCH3WS0N, MINNESOTA: 1. A certain petition requesting the improvement of Schmidtbauers Fourth Addition - Phase 2 by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base and appurtenances, filed with the Council on November 3rd, 1992, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the Director of Engineering and 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 23rd day of March, 1993. City Administrator • Mayor CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON,MN 55350 ENGINEER'S REPORT DATE: March 23, 1993 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 7, Project No. 93 -14 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 93 -14: Schmidtbauers Fourth Addition - Phase 2 by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base and appurtenances. Construction Cost S_ 181,000.00 Engineering /Administration (14 %) $ 25,340.00 Fiscal /Legal /Capitalized Interest (8%) $ 14.480.00 ESTIMATED TOTAL ----------------------- - - - - -- $ 220.820.00 • Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL -- JPR /PV S_ 220.820.00 S S - $ 220,820.00 A RESOLUTION NO. 9914 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS LETTING NO. 7 PROJECT NO. 93 -14 WBMEAS, a certain petition requesting the improvement of Schmidthauers Fourth Addition - Phase 2 by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base and appurtenances, was duly presented to the Council on the 3rd day of November, 1992; and WHEREAS, pursuant to resolution of the Council adopted March 23rd, 1993, a report has been prepared by the Director of Engineering with reference to the improvement, and this report was received by the Council on March 23rd, 1993; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HU7V1INS0N, MINNESOTA; 1. The Council finds and determines that said petition was signed by all owners of real property abutting upon the street(s) named as the location of the improvement. • 2. Such improvement is hereby ordered as proposed in the Council resolution adopted March 23rd, 1993. 3. John P. Rodeberg is hereby designated the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 23rd day of March, 1993. City Administrator • Mayor RESOLUTION NO. 9915 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 7 PROJECT NO. 93 -14 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Schmidtbauers Fourth Addition - Phase 2 by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base 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 p.m. on Monday, April 19th, 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 April 27th, 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 23rd day of March, 1993. Mayor City Administrator 40 PUBLICATION NO. 4493 LETTING NO. 7, PROJECT NO. 93 -14 ADVERTISEMENT FOR BIDS Hutchinson, Minnesota Dated: March 23, 1993 TO WHOM IT MAY CONCERN: The City Council of the City of Hutchinson, Minnesota, will receive bids at the Office of the City Administrator until 1:30 P.M. on Monday, April 19th, 1993, and said bids will be opened at 2:00 P.M. in the Council Chambers of the City Hall at 37 Washington Avenue West, Hutchinson, Minnesota, for the improvement of Schmidtbauers Fourth Addition - Phase 2 by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base and Appurtenances, all in strict accordance with the Plans and Specifications on file in the Office of the Director of Engineering. The approximate major quantities of work involved are: ITEM QUANTITY 0503 SEWER PIPE 8" PVC SDR 35 1180 LIN. FT 2506 CONSTRUCT MANHOLES DESIGN 4007 8' DEEP 4 EACH 0504 8" DIP WATERMAIN CL 52 420 LIN. FT. 0504 6" DIP WATERMAIN CL 52 1020 LIN. FT. 2503 12" RC PIPE SEWER CL III 280 LIN. FT. 2503 15" RC PIPE SEWER CL III 682 LIN. FT. 2503 18" RC PIPE SEWER CL III 212 LIN. FT. 2506 CONSTRUCT MANHOLES DESIGN 48 -4020 6' DEEP 4 EACH 2506 CONSTRUCT CATCH BASINS DESIGN A 8 EACH 2211 AGGREGATE BASE PLACED CL 5 1820 CU. YD. 2331 BASE COURSE MIXTURE 31B 650 TON 2511 GEOTEXTILE FILTER TYPE 5 5460 SQ. YD. 2531 CONCRETE CURB AND GUTTER DESIGN B616 860 LIN. FT. 2531 CONCRETE CURB AND GUTTER DESIGN S 1800 LIN. FT. All bids shall be made on the Proposal Forms of the City and shall be accompanied by a cashier's check, bid bond or certified check, payable to the order of the City of Hutchinson, Minnesota, for not less than five percent (58) of the amount bid. All checks or bid bonds will be held for thirty (30) days or until a contract is signed. Subsequent to that time, all non - forfeited checks or bid bonds will be returned to the bidders. All bids shall also be accompanied by the required Insurance Certificates as noted in the specifications, and Certificate of Compliance with the Minnesota Worker's Compensation Law. Bids shall be directed to the City Administrator, securely sealed and endorsed upon the outside wrapper 'Letting 7, Project No. 93 -140. The City Council reserves the right to reject all bids and to waive any informalities and irregularities. Specifications and Proposal Forms are on file and are available from the Office of the Director of Engineering, 37 Washington Avenue West, Hutchinson, MN 55350, and will be furnished on request to any prospective bidder upon payment of $50.00 per set (NON - REFUNDABLE). The successful bidder will be furnished free of charge, additional adequate number of specifications. • Gary D. Plotz, City Administrator PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, MARCH 25TH, 1993, AND THURSDAY, APRIL 1ST, 1993, AND IN THE CONSTRUCTION BULLETIN ON FRIDAY, MARCH 26TH, 1993, AND FRIDAY, APRIL 2ND, 1993. 4 . OFEN -HOLD COUNCIL REFORT TUE, MAR 23, 1993, 9:24 AM ------------------------------------------------------------------- 1980 TICS • CORMIER, MARK; OLSONS LOCKSMITH 1989 IMPROV. SOS AM.NATIONAL BANK 1992 TICB ARNOLD & MCDOWELL MCGRA,W & WARD CENTRAL GARAGE • n U CHAMPION AUTO CROW RIVER GLASS DYSON OIL INC GLENCOE FORD- MERCURY JERABEK MACHINE SER'J JERRYS TRANSMISSION JUUL CONTRACTING CO MTI DIST.CO NORDIC TRUCK PARTS INC PLOWMANS STATE OF MINNESOTA SWEENEY BROS TRACTOR WIGEN CHEVROLET CO CITY HALL CONST. LIFE SAFETY IMPROV $225.00 RE- KEYING TO MASTER KEY $126.39 $351.39* ADM.FEES & EXPENSES $349.14 $349.14* 1990 DOWNTOWN REDEV.FEES $14S.20 LEGAL FEES $246.39 $391.59* BATTERIES, MUFFLER, ETC MIRROR DISCOUNT PLATE FLAT IRON TURN SIGNALS REPAIR HYDRANT FROM PLOW HYD CYLINDER STROBE SWITCH DECALS CUP, FELT, WIPER, OIL SEA REPLACE DOOR SWITCH WOLD ARCHITECTS & ENGINEE DESIGN DEVELOPMENT FIRE HALL DS AM.NATIONAL BANK GENERAL FUND AAGARD WEST BARCO BENNETT OFFICE SUP. BREEZY POINT RESORT BROWNS FLORAL CARR FLOWERS CEDAR LAKE FARM CENTURY LABS CLAREYS SAFETY EQUIP CULLIGAN WATER COND DOSE, DAVE EARL ANDERSON ASSOC EULYNN BAUMGARTEN & FIEDLER , RICH FOGG, MIKE GIRARD'S BUSINESS MACHINE ADM.FEES & EXPENSES MARCH REFUSE HANDI CLAM BUCKET SERVICE CONTRACT, SUPPLIES RESV- D.MOON SNO BALL FLOWERS GREEN PLANTS DEPOSIT FOR 6 -26 BOWL CLEANER PACKING WASHERS, GASKETS 2 BAGS SALT OFFICIAL -4 GAMES NO U TURN SIGNS PAYT #2 HSING REHAB OFFICIATE 6 GAMES OFFICIATE S GAMES SERVICE CALL $453.22 $6.50 $6.49 $3.69 $75.96 $22.90 $176.00 $287.00 $95.85 $63.25 $64.00 $415.5S $93.47 $1.763.88* $18,260.00 $18.280.00* $226.16 $226.16* $486.29 $128.24 $1,16g.38 $121.24 $10.65 $9.90 $250.00 $131.61 $22.95 $31.30 $72.00 $426.00 $1,294.00 $106.00 $9_0.00 $148.17 Page I OPEN -HOLD COUNCIL REPORT TUE, MAR 23, 1993, 9:24 AM page 2 -------------------------------------------------------------------------------- GOVT TRAINING SER REG - HENSEN & MARKA $50.00 • GREAT MN STATE FIRE SCH00 FIRE SCHOOL TUITION $500.00 HED, MARILYN SCHOOL EXPENSE $39.38 HENRYS FOODS INC DECAF COFFEE $64.84 HENSEN, MARK MEETING EXPENSE $25.93 HUTCH FIRE & SAFETY INSPECTIONS $67.54 HUTCHINSON SEWING CENTER VACUUM CLEANER BAGS $13.59 HUTCHINSON UTILITIES FEE GAS & ELEC $12,394.78 HUTCHINSON WHOLESALE OIL FILTER $12.36 IND.SCHOOL DIST. #423 HS POOL RENT FOR TRAINING $47.20 JERABEK MACHINE SERV SO TUBE $105.77 JILL GGANZ & DUANE J. 'JINA PAYMENT 41 HSING REHAB $4,174.00 K MART CALCULATOR, PHONE CORDS $53.24 KARG, LARRY SEMINAR EXPENSE $100.00 KRCIL, JOYCE SCHOOL EXPENSE $4.74 L & P SUPPLY CO FILTERS, SAW $731.22 LARSON, QUENTIN ADVANCE FOR CLASS EXPENSE $200.00 LEAGUE OF MN CITIES 4TH QTR GEN LIAB $49,538.00 LINDEN, SUSAN SCHOOL EXPENSE $5.01 LOGIS JAN CHARGES $10,008.00 MADSON, STEVEN SEMINAR EXPENSES $564.38 MARKA, JAMES MEETING EXPENSE $26.59 METKOWSKI, MILDRED SR. TOUR REFUND $12.00 MN REC & PARK ASSC REG FOR IPD- D.MOON $40.00 .MOTOROLA MIDWEST PAGER RE PAGER REPAIR $72.00 MTI OIST.CO REG- E.BARKHEIM $70.00 NIES, JEFF SCHOOL EXPENSES $40.00 . NO STATES SUPPLY INC TAPS, WOOD FL,FIBER DISC, $42.22 OLD LOG THEATRE 46 TICKETS FOR 4 -21 -93 $1,518.00 OWL ENGINEERING REVIEW OF CABLE FRANCHISE $5,150.00 PETERSON BUS SERVICE BUS TRIPS $432.60 PITNEY BOWES INC MAIL MACH 1 YEAR MTCE $453.50 PLAZA HARDWARE PAINT $297.58 PLOTZ, GARY D. COM LEADERSHIP PROGRAM $7.29 POLK & CO,R.L. CITY DIRECTORY $151.76 QUADE ELECTRIC PAYMENT IN ERROR $52.43 RADISSON METRODOME LODGING- M.HAUGEN $75.94 RASSMUSSEN, CLIFF & COROT SR. TOUR REFUND $24.00 RUTZ PLBG & HTG HOSE $67.25 SCHMELING OIL CO DIESEL FUEL $1,646.17 SCHUMANN, CAROLYN A. SCHOOL EXPENSE $39.42 SHOPKO SQU BLACK, BATTERIES $26.42 STANDARD PRINTING, LIFT OFF $7.43 STOTTS, CASEY MILEAGE TO CONFERENCE $93.96 TEMPLETON INC MARCH EMPLOYER CONTRIB $210.09 UNITED BLDG CENTERS PLYWOOD, STAPLES $21.80 US WEST COMMUN MARCH SERVICE $32S.70 VIKING INT PRODUCTS VIP 13 $107.76 WAL -MART EXTN CORD $1.57 XEROX CORP FEE USAGE -5052 $520.21 ZEE MEDICAL SERV OINTMENT, DROPS, SCISSORS $32.32 •$94,765.72+ PAYROLL FUND AETNA VARIABLE LIFE ASS. EMPLOYEE CONTRIB 3 -19 $490.00 AMERICAN FAMILY INS CO. EMPLOYEE CONTRIB 3 -19 $139.24 OFEN -HOLD COUNr_.IL PEFOP.T TUE, MAR 23. 1993. 9:24 AM G.T. GROWTH • GLOBAL FUNDS INC GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA - O.C.P. PRUDENTIAL PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT • 11 WATER /SEWER FUND AAGAP.D WEST ANALYTICAL PRODUCTS GROUP ARNOLD & MCDOWELL AUTOMATION SUPPLY CO BARCLAY RECYCLING BENNETT OFFICE SUP. CROW CHEMICAL CO CURTIN SCIENTIFIC CO D.P.C.IND.INC ELECTRIC SCIENTIFIC CO GOODALL RUBBER CO GOPHER STATE INC GRAHAM, MARION HACH COMPANY HARRIS MECHANICAL HOTSY CORPORATION HUTCHINSON UTILITIES JERRY M. LANZ JOHN CRANE INC LEAGUE OF MN CITIES LOGIS MEECE, MERLE MN VALLEY TESTING LAB NALCO CHEM.CO NCL PLOTZ, GARY D. QUADE ELECTRIC QUEST ENGINEERING RCM ASSOCIATES RUST ENVIRONMENT SANIFILL INC SERCO LABORATORIES SHAMROCK INDUSTRIES SMILER, MARK SMITH & HAWK.EN STRANCO STRINGER BUS SYSTEMS TRI CO WATER COND TWO WAY COMM INC VESSCO INC WATERPRC EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIS 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 EMPLOYEE CONTRIB 3 -19 MARCH OFFICE PAPER., REFUSE SETPOINT STANDARDS SERVICES RE:JUNKER RIBBONS, DISKS SOILSAVER BINS ENVELOPES CLEANER, TOWELS LEAD RING SULFUR DIOXIDE LEVEL CONTROL COUPLER FEB SERVICE SEMINAR EXPENSES NITRIC ACID,KITS, ETC REPAIR HOT WATER HEATER RIPPER II FEB ELEC SEMINAR EXPENSES PRIMARY RING 4TH QTR GEN LIAB JAN CHARGES SAFETY GLASSES PLATE COUNT OPTIMER LAB SUPPLIES GIFT CERT,SUPPLIES REPAIR LIFT STATION GAUGE PROF SERVICES PROF SERVICES TRASH HAUL 2 -01 TO 2 -s fo TESTS 25 EARTH MACHINES TURNING FORKS 32 BIOSTACKS CONTROLLER REPAIR COPIER 3 BAGS SALT BATTERY SERVICE CONTRACT METER $17S.00 $286.46 $110.00 $121.68 $1,159.00 $117.00 $57.42 $140.00 $11,169.33 $95,00 $150.00 $23,224.10 $37.536.23* $272.25 $195.00 $263.70 $124.80 $4,012.10 $33.61 $61.55 $88.79 $401.13 $106.90 $177.89 $35.00 $38.67 $190.21 $284.31 $319.50 $414.51 $55.40 $99.08 $8,508.75 $1,644.89 $80,00 $115.50 $8,666.13 $307.29 $89,60 $94.20 $25.24 $1 ,171 .17 $915.48 $5,755.2'2 $375.00 $1,150.00 $7'25.00 $1,760.00 $7,481.36 $39.36 $14.06 $61.19 $500.00 $1,173.31 page 3 III, 0 OPEN -HOLD COUNCIL REPORT TUE, MAR. 21, 1993, 9:24 AM page 4 -------------------------------------------------------------------------------- WORD PERFECT CORPORATION WORD PERFECT UFDATE $191.65 $48,319. 81• YOUTH CENTER JUDE CANDY & TOBACCO CO SCHRAMM, CHRIS VERSA -VEND VENDING INC WAKEFIELD. SCOTT FOOD SUPPLIES 9.5 HR @4.25 SOFT DRINKS & CANDY APRIL RENTAL $30.86 $40.38 $70.92 $750.00 $892.16.. $202,876.08* • • IMMEDIATE PAY COUNCIL REP OP- TUE, '!AR =_ 90, 7:L0 AM 1900 TID` - -- - ----- ---- MARK BETKER & M & D PROPE SMALL CITIES & HCDC LOAN $1,805.68 $1,°05.EE* GENERAL FUND DEPT NATURAL RESOURCES DNR REGISTRATION FEE_ $384.00 KENNESECK, ROBERT FEB COMPENSATION $833.33 MASTERING COMPUTERS INC REG- J.RODEBERG $164.66 SOUTHWEST CHAPTER MSPE 2 REGISTRATIONS $40.00 $1,421.99* LIQUOR STORE CITY OF HUTCHINSON LOTTERY SALES $573.00 ED PHILLIPS & SONS 00. a CASES MISC. $7,094.2S FRIENDLY BEVERAGE CO LI19930209 $317.30 GRIGGS COOPER & CO CR.MEMO MISC.RETURNED $7,243.27 JOHNSON BROTHERS LIQUOR C LI19930209 $6,860.00 JORDON BEVERAGE INC. LIISSZ0205 $783.10 LENNEMAN BEVERAGE DIST. I LI19930209 $7,200.55 LOCHER BROS INC LI19930209 $9,413.00 QUALITY WINE & SPIRITS CO LI19930209 $4,383.78 TRIPLE 6 DISTRIBUTING INC LI19930209 $177995.95 $61,864.20* PAYROLL FUND MN DEPT OF REVENUE EMPLOYEE CONTRIB 3 -19 $4,659.42 $4,655.42* WATER /SEWER FUND MASTERING COMPUTERS INC REG- M.GRAHAM $82.34 $82.34+ $65,833.63* i . FOR YOUR INFORMATION CCutLtc o c uwf� 1 41j Gp-k old 5�f9 L+ /7. i 7' 702 z Gam/ S f—O y- C- a %v: n r z�a ck- L r- /Cs/G 4,e,, 3,c,. � al GteP sh,� (�L -]o ff', ^- 0 N��V J t �7 O�� L f✓2 f � r J 01, co 41 0 Let me begin with the observation that we probably have a looser here. The subdivision agreement was dully executed and entered into by both parties, specifically, the city of Hutchinson and the then owner of the property. Word of Life purchased the property from a successor in interest to the original owner and had knowledge of the subdivision agreement at the time they purchased the property. The agreement is very clear that assessments are to be spread on a "per lot" basis and although this is unfair to other property owners, as well as the other residents of the city of Hutchinson, it is probable that a court will uphold the agreement. John calculated the assessments assigning four lots to the Word of Life property coming up with approximately $14,000.00 in assessments. I would recommend that we attempt to settle this case with an assessment based on a two lot formula (presumably half of the present assessment or discount of around $7,000.00) and as part of the settlement, Word of Life agrees that the subdivision agreement vanishes and is of no further force and effect. I am certain that in order to gain their consent on this point we will need to make a commitment that there will be no assessments for a period of five • to ten years, but as I understand it, no major roadway improvements remain to be completed once the existing project is finished. It CERTIFIED AS A CIY IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINT'£SOTA STATE BAR ASSOCIATION ARNOLD & MCDOWELL DAVID B. ARNOLD ATTORNEYS AT LAW Or COUNSEL GARY D. WIK)WELL 3881 CEDAR LA %E ROAD WILLIAM w. CAMEHON STEVEN A. ANDERSON RAYMOND C. LALLIER O. BARRY ANDERSON MINNEAPOLIS. MINNESOTA 55416-1492 PAULM. BEOICH STEVEN S.BOOE (6l--)545 -9000 CHARLES R. CARMICHAEL- Id URA B.PRETLAND DAVID A. BRUEGOEMANN MN TOLL FREE 600 -343 -4545 101 SOUTH FOURTH STREET PAUL D. DOVE-- PAX (61'2)545 -1793 PRINCETON, MINNESOTA 55371 JOSEPH M. PAIENENT (612) 389 -2214 JAMES UTLEY PAX(612)309 -5506 RICHARD O. MCOEE IOI Pe @8 PLACE TIMOTHY W. PAPINSBI HUTCHINSON, MINNESOTA 55350 MARY E. HORROCKS (612) 587 -7575 CATHEYN D. REHER FAX (612) 587 -4096 March 10, 1993 FOR YOUR INFORMATION \516171g79� Gary D. Plotz \p At o� City Administrator �0 37 Washington Avenue West ° ti1A4� W Hutchinson, MN 55350 m o �� RE: Word of Life Assessment Our File No. 3244 - 920061 e�� l£0£6Z8iy Dear Gary: I write you today with a suggestion for settling this case. Let me begin with the observation that we probably have a looser here. The subdivision agreement was dully executed and entered into by both parties, specifically, the city of Hutchinson and the then owner of the property. Word of Life purchased the property from a successor in interest to the original owner and had knowledge of the subdivision agreement at the time they purchased the property. The agreement is very clear that assessments are to be spread on a "per lot" basis and although this is unfair to other property owners, as well as the other residents of the city of Hutchinson, it is probable that a court will uphold the agreement. John calculated the assessments assigning four lots to the Word of Life property coming up with approximately $14,000.00 in assessments. I would recommend that we attempt to settle this case with an assessment based on a two lot formula (presumably half of the present assessment or discount of around $7,000.00) and as part of the settlement, Word of Life agrees that the subdivision agreement vanishes and is of no further force and effect. I am certain that in order to gain their consent on this point we will need to make a commitment that there will be no assessments for a period of five • to ten years, but as I understand it, no major roadway improvements remain to be completed once the existing project is finished. It CERTIFIED AS A CIY IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINT'£SOTA STATE BAR ASSOCIATION is probably not accurate to say that assessments would be prohibited; it would more accurate to say that any assessments during that period would be assessed on the per lot basis contemplated by the original subdivision agreement. It would not appear to me that any additional assessments would be incurred if the property were developed, but I presume that if that were to be the case, the property owner would bear those expenses as well. Please give this matter some thought. Thank you. Best G. ffarry Anderson GBA cc: John Rodeberg Council Members Hon. Paul Ackland 0 INTERVIEWS - FIRE MARSHAL MARCH 22 AND 23, 1993 HUTCHINSON FIRE STATION' z T O 7l7 2�; MONDAY, MARCH 22 z 6:00 P.M. Lucas McDonald TUESDAY, MARCH 23 E 5:30 P.M. Craig Jordan 6:00 James Popp 6:30 Steve Merwin 7:00 Michael Palm 7:30 Casey Stotts L--j JOB POSTING City of Hutchinson APPLY BY 37 Washington Ave W. Hutchinson, MI 55350 (612)587 -5151 — TITLE FIRE MARSHAL (HALF -TIME) jobdes79 1 -93 DEPARTMENT FIRE DEPARTMENT -7a- ACCOUNTABLE TO FIRE CHIEF -G PRIMARY OBJECTIVE DEVELOPS, APPLIES AND ADMINISTERS CITY ORDINANCES, CODES C AND FIRE SAFETY STANDARDS IN A MANNER THAT WILL SAFEGUARD LIFE AND PROPERTY AGAINST DEATH, INJURY OR DAMAGE Z T ACCOUNTABILITY 1 Inspections: a Inspects buildings and other properties within the City on a scheduled periodic basis for compliance with state and local C:) Z laws and regulations with regard to fire protection. b Investigates complaints of fire safety regulation violations and issues corrective orders for such violations where appropriate. 2 Recommends the necessary amendments to ordinances and codes. 3 Gives advice on the interpretation of fire codes. 4 Develops pre -fire plans on all multiple family (B -unit and up), commercial, industrial and institutional buildings in the city. 5 Advises authorities responsible for buildings (public and private) on proper detection and extinguishing equipment and proper location of such equipment; with proper documentation. 6 Performs new construction plan checks, within the scope set forth by the Fire chief (i.e., keyed box location, fire extinguisher type and location, sprinkler hook -up and alarm box location, hydrant location). 7 Keeps abreast of changes in the fire code. 8 Is accountable for any other duties and assignments made by the Fire Chief. QUALIFICATIONS A combination of training and experience substantially equivalent to high school education supplemented by additional training in fire service. A minimum of five years experience in the fire service, either paid or volunteer. Knowledge of relevant fire codes and state laws (would be helpful but not mandatory). Ability to establish and maintain effective working relations with others. Ability to express self clearly and concisely both orally and in writing. WORKING CONd1TIONS Inside and outside work in all weather. Variable work schedule. 2(� hours a week. Office location - Fire Station. SALARY RANGE Grade F $13.98/hr D00 • FOR YOUR INFORMATION To: Mayor & City Council From: Senior Advisory Board Mildred Jensen, Chair Date: March 22, 1993 Re: Senior Building Fund Please deposit this $1,000.00 into the Senior Building Fund. These proceeds come from the efforts of area senior- citizens working towards a common goal with the future of senior citizens in mind. Thank you for your attention regarding this matter. HUTCHINSON SENIOR CENTER ADVISORY BOARD TAX EXEMPT 08022935 115 S. JEFFERSON 612.587-6561. HUTCHINSON. MN 55350 PAY TO A K'A& 308 Scum Main HulCyn . MN 55350 FOR 294 751035/918 1993 SNAN 0 /F r L T0: FROM: SUBJECT: C M E M O R A N D U M DATE: Mayor, Council and Volunteers FOR YOUR INFORMATION March 22, 1993 Gary Plotz, City Administrator A -9- RESULTS FOR COMPOST COURSE THANK YOU for attending and assisting me with the composting course held on March 18, 1993, Choices of the bins were as follows: • % of class choosing this bin Soilsaver 40% Toro- Yardcycler 25% Earth Machine 24% Nutri -Cube 6% Bio -Stack 5% 100% Eighty -six (86 %) percent of the class requested to utilize the Toro Mulching Lawn Mower for a one (1) month test. cc, Mark Smiler, Toro Rep. Brett Kramer, Coast to Coast David Kramer, Coast to Coast Jim McNelly, Compost Consultant Jim Mills, Community Ed Jo Black, Community Ed • City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation: 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - P,'!1' J on m, UCIM vrrr•er - Police Department 10 Franklin Street South (612) 587 -2242 I C March 19, 1993 Mr. William Leung Gold Coin Inc. 45 Main St N Hutchinson MN 55350 �01?.YOUR WoRMATIO N To All Intoxicating Liquor License Holders in Hutchinson: The second reading of the Hutchinson City Ordinance 5.01, Subdivision 20, pertaining to restaurant establishments , will be held at the next City Council meeting on Tuesday, March 23, 1993, at 7:30 p.m. Enclosed please find a copy of City Attorney G. Barry Anderson's . letter of March 9, 1993, to City Administrator Gary Plotz on this matter. If you have questions regarding this change feel free to attend the meeting on Tuesday evening. Sincerely, Bonnie Baumetz License Secretary CITY OF HUTCHINSON CC: Mayor and Council Gary Plotz, City Administrator G. Barry Anderson, City Attorney • Cihj Hall Parks & Recreation 37 Washington Avenue i1'est 900 Harrington Street (612) 557 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on rtrycled paper - Police Department 10 Fraiiklin Street South (612) 587 -2212 • C March 19, 1993 Mr. Gary Landreville Lamplighter Lounge II, Inc. 1011 Hwy 15 S Hutchinson MN 55350 To All Intoxicating Liquor License Holders in Hutchinson: The second reading of the Hutchinson City Ordinance 5.01, Subdivision 20, pertaining to restaurant establishments , will be held at the next City Council meeting on Tuesday, March 23, 1993, at 7:30 p.m. Enclosed please find a copy of City Attorney G. Barry Anderson's letter of March 9, 1993, to City Administrator Gary Plotz on this matter. If you have questions regarding this change feel free to attend the meeting on Tuesday evening. Sincerely, Bonnie Baumetz License Secretary CITY OF HUTCHINSON CC: Mayor and Council Gary Plotz, City Administrator G. Barry Anderson, City Attorney • City Hall Parks &Recreation 31 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Prrn rcd on wcycled paper - Police Deyarhrreftt 10 Franklt:: Street South (612) 587 -2242 C March 19, 1993 Mr. Gary Schwarzroc} Victorian Inn 1000 Hwy 7 West Hutchinson MN 55350 To All Intoxicating Liquor License Holders in Hutchinson: The second reading of the Hutchinson City Ordinance 5.01, Subdivision 20, pertaining to restaurant establishments , will be held at the next City Council meeting on Tuesday, March 23, 1993, at 7:30 p.m. Enclosed please find a copy of City Attorney G. Barry Anderson's letter of March 9, 1993, to City Administrator Gary Plotz on this matter. If you have questions regarding this change feel free to attend the meeting on Tuesday evening. Sincerely, • (&---- Bonnie Baumetz License Secretary CITY OF HUTCHINSON CC: Mayor and Council Gary Plotz, City Administrator G. Barry Anderson, City Attorney Cihj Hall 371VaskingtonAvenue Rlest (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Prmtcd on mcycled I'alicr - Police Deparhvaent 10 Franklin Street Soutly (612) 557 -2242 March 19, 1993 Mr. Ghassan Khwice The Underground Bar and Grill 101 Park Place Hutchinson MN 55350 To All Intoxicating Liquor License Holders in Hutchinson: The second reading of the Hutchinson City Ordinance 5.01, Subdivision 20, pertaining to restaurant establishments , will be held at the next City Council meeting on Tuesday, March 23, 1993, at 7:30 p.m. Enclosed please find a copy of City Attorney G. Barry Anderson's letter of March 9, 1993, to City Administrator Gary Plotz on this matter. If you have questions regarding this change feel free to attend the meeting on Tuesday evening. Sincerely, ( b, n i kA Bonnie Baume tz License Secretary CITY OF HUTCHINSON CC: Mayor and Council Gary Plotz, City Administrator G. Barry Anderson, City Attorney • Cih3 Hall Parks & Recreation Police Departinent 37 Washington Az enue [Pest 900 Harrington Strcet 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2212 Hutchinson, Minnesota 55350 - Printcd on mcVdcd paper - C March 19, 1993 Mr. Michael Fasching J's Pizza Bar and Grill 945 Jefferson S. Hutchinson MN 55350 To All Intoxicating Liquor License Holders and Potential Holders in Hutchinson: The second reading of the Hutchinson City Ordinance 5.01, Subdivision 20, pertaining to restaurant establishments , will be held at the next City Council meeting on Tuesday, March 23, 1993, at 7:30 p.m. • Enclosed please find a copy of City Attorney G. Barry Anderson's letter of March 91 1993, to City Administrator Gary Plotz on this matter. If you have questions regarding this change feel free to attend the meeting on Tuesday evening. Sincerely, � Nvva -4-, 40-i Bonnie Baumetz License Secretary CITY OF HUTCHINSON cc: Mayor and Council Gary Plotz, City Administrator G. Barry Anderson, City Attorney • City Hall 37 Washington Avenue West (612) 5S7 -5151 Parks & Recreation 900 Harrington Street (612) 557 -2975 Hutchinson, Minnesota 55350 - Printed on recycle(pper - Police Department 10 Franklin Street South (612) 557 -2242 March 19, 1993 Mr. Richard Black Flyers /Hi Tops Bar 511 24th St SE Willmar MN 56201 r and Mr. David Sowers and Grill To All Intoxicating Liquor License Holders and Potential Holders in Hutchinson: The second Subdivision held at the • at 7 :30 p.m. reading of the 20, pertaining to next City Council Hutchinson City Ordinance 5.01, restaurant establishments , will be meeting on Tuesday, March 23, 1993, Enclosed please find a copy of City Attorney G. Barry Anderson's letter of March 9, 1993, to City Administrator Gary Plotz on this matter. If you have questions regarding this change feel free to attend the meeting on Tuesday evening. Sincerely, g�cvv,V -l. 6&�L� Bonnie Baumetz License Secretary CITY OF HUTCHINSON CC. Mayor and Council Gary Plotz, City Administrator G. Barry Anderson, City Attorney • Cih-/ Hall Parks & Recreatiaa: 37Washiugtou Avemte West 900 Harri7:gtoii Street (672) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 i 0 40 The Hutchinson Safety Council Hutchinson, MN 55350 The Hutchinson Safety Council met on Feb. 22, 1993 at 12 noon at the McLeod County Heritage Center. There were 10 members and 1 guest present. In the absence of the President and Vice President, Past President Les Smith opened and conducted the meeting. The January minutes were approved. Les Smith introduced our guest speaker, Jim Marka, Hutchinson Building Inspector. He explained his duties which included, planning and land developing, contractor licensing and building codes. Hutchinson is rated as a industrial based community and in 1992 had $22 million dollars of work. He also explained the fire codes at the Hutchinson Community Hospital. A informative question and answer session followed. Myron Johnson introduced Craig Johnson as a new member. He is a representative from A.B.A.T.E. Marlin Torgerson distributed a schedule of the program chairman for the 1993 year. The next meeting will be March 29, 1993 at the Center. The motion was made and seconded the meeting be adjourned. Les Smith: Acting President Loretta F. Pishney: Acting Secretary Ar 0 0 HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, March 1, 1993 The meeting opened at 8:00 p.m. Casey reported the Fire Prevention Committee has smoke detectors for sale. If interested please see him. The bills and runs were read as follows: RURAL AND CITY BUDGET Standard Printing 31.95 Hutch Wholesale 63.14 Standard Printinq_ 45.80 Hutch Wholesale 14.54 Haqer Jewelry 16.00 Hutch Wholesale 2.28 Hager Jewelry 3.00 Allen Office 12.11 Hillyard 42.94 Ink Spots 22.41 American LaFrance 214.10 Y Mart 15.88 American LaFrance 206.93 McLeod Cty F C Assn 100.00 Popp Electric 91.58 American LaFrance 105.50 Victorian Inn 88.75 Streichers 23.52 Coat To Coast 1.11 Two Way Comm 101.18 Coast To Coast 3.06 Two Way Comm 46.63 Front Line Plus 54.10 Two Way Comm 25.00 Bennett Office 10.00 Coast To Coast 8.16 Hutch Wholesale 317.52 Coast To Coast 3.18 Hutch Wholesale <41.54> Coast To Coast 3.72 Hutch Fire & Safety 93.89 Coast To Coast 10.32 Coast To Coast 8.30 Ideal Shoe Shop 20.00 Coast To Coast 3•.40 Coast To Coast 1.91 Clarey•_ Safety Equip 51.70 TOTAL $ 1,822.07 GENERAL ACCOUNT Legion Club 720.00 Leon Goldschmidt 125.02 Cash '0.00 FMAM /FFC 125.00 Moonshiners 50.00 Hardees 39.68 Hutch Leader 6126 FMAM /FSE 335.00 ShopKo 6.37 Brown Floral 93.19 KDUZ 58.25 Hager Jewelry 8.00 KKJR 58.25 Cashwise 18.49 US Post Office 29.00 Cashwise 15.68 Mankato Tech 90.00 More 4 7.09 Jeff Nies 3.28 TOTAL $ 1,873.58 RUNS 2," HOWE 2r'9 3M 2/12 LUNDEEN 2/16 KIECKER 2/19 SCHMIDT 2/21 10 -52 2!21 HWV 7 &. WALDEN 2/22 RINGSAKER 2/23 SWANSON 2/24 WRIGHT 2/25 HERITAGE SQUARE 2/25 EVERGREEN 2/25 KOGLIN 2/26 K.LOCK.MAN 211 DRILL /MEETING 2/8 INCIDENT COMMAND 2/13 FIRE PREVENTION 2/15 INCIDENT COMMAND 2/18 TOWNBOARD 2/24 ENGINEERS A motion was made and seconded to approve the bills and runs. Steve reported a gear sign up list was put in the control room. Sign up if you need anything. Brad reported on procedure for using fire marshal car. The meeting adjourned at 8:45 p.m. Submitted by, Bob Schantzen, Secretary Pi • 0 r� LJ HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING [larch 9, 1993 The meeting opened at 8:40 p.rn. Brad reported 12 applicants applied for the Fire Marshal position. The rneetiny adjoUrned at 4:00 p.m. Submitted by, Bob Schantzen, Secretary . HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING FEBRUARY 16, 1993 MINUTES I. CALL TO ORDER: 2:00 P.M. BOARD ROOM CHAMBER Chairman John Paulsen called the meeting to order. Members present - Shirley Wass, Tammy Wendlandt, Lyle Van Hale and Don Erickson. Members absent -none. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING FEBRUARY 16, 1993 There being no additions or corrections, Don Erickson moved that the minutes be approved as submitted. Shirley Wass 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. Lyle Van Hale seconded and the motion carried unanimously. . IV. SECTION 23 /PARK TOWERS PROJECT 1. There are no rent receivables and one apartment vacant we are in the process of filling. 2. Phil Blott, architect from PBA informed the Board that the bid opening for the window project has been delayed until March 9, 1993 because HUD procurement regulations mandated a change in the bid document wording. The Board consensus was to rely on PBA's decision regarding all window specifications and type of window best suited for Park Towers. Therefore, the bid documents will be revised to read that bids will be accepted using Milco windows or prior approved equal. All window manufacturers that were accepted to bid as alternates will have to resubmit to be approved as equals as there is no longer an alternate window provision. The CIAP budget for the windows was also reviewed; the original request for windows alone was for $355,740.00. HUD reduced that amount to $335,740; a difference of $20,000.00. HUD also calculated the cost of administration fees and architects fees, or soft costs, to not exceed 10.0% of the cost of the windows. Therefore, the original budget amount according to HUD was set at $27,000 or 8.0% for the architect. In talking with PBA at their original interview and since then, their fees have been stated at 8.5% each year regardless of the type of project. PBA also states that if their fees are reduced less than 8.5% they will need to reduce the services they offer to us. The Board stated 8.5%, HUD has concern that since we are paying the architect reduced our administrative fees for the project. The Board • consensus was that we will pay PBA 8.51 for the project according to the terms of our contract. At this point, we will contact HUD for clarification on what to expect this year for our administrative fee and from future CIAP budgets concerning soft cost allocation and if all housing authorities will be mandated to adhere to this limitation. Don Erickson moved that we resubmit a request for 2.01 administrative fee with the total budget not to exceed $369.314. If the fee is reduced so the total soft costs are restricted to 101, the Board requested a list of outstate housing authorities whose fees are also being limited to 10.01. Shirley Wass seconded and the motion carried unanimously. 2. The Director informed the Board that only one proposal was received for Multi -peril risk insurance, even though a total of six proposals were solicited. Last year, or in 1992, the premium was $4,741 for a $500.00 deductible policy. This year the proposal is for $4,659.00. Shirley Wass moved that the State Farm proposal for $4,659 be accepted. Don Erickson seconded and the motion carried unanimously. 3. The Director opened the bids received from Mar -Ar Co. Since the Board had decided at the last Board meeting to only consider the purchase of new, not used, laundry • equipment, the bid submission of Mar -Ar used laundry equipment was not considered. Both bids received were submitted according to the specifications. The bid received from Mar -Ar was $8841.20; the bid received from BDS was $7737.84. Shirley Wass moved that the bid from BDS be approved; Tammy Wendlandt seconded and the motion carried unanimously. 4. The maintenance person has requested to move off -site because of family considerations. Shirley Wass moved that the request be approved subject to an executed memorandum of understanding concerning the move. Tammy Wendlandt seconded the motion. A vote was taken with Don Erickson abstaining; all other votes were ayes with the motion so approved. V. OTHER BUSINESS 1. The schematic for the proposed housing task force was distributed. 2. The Director presented information on tax exempt essential function revenue bonds and the project that was recently completed in Faribault using such bonds. The main reasons why an HRA would use tax exempt bonds for . development is that since the 1986 tax reform act it is very difficult for private developers to cash flow a project. Because the interest rate on tax exempt bonds would probably range from 6 -87, depending on the financial backing of the bond issue, the amount of debt service would be lower than a private developer. In addition, payment in lieu of taxes is based on 5% of shelter rent which is lower than what a private developer would pay. Finally, any excess funds generated by one project in a bond pool could be used to subsidize other project(s) in the pool compared to a private developer needing profits to provide a return on their investment. Retaining Publicorp as a financial consultant was also discussed. It was decided that Publicorp would be asked to clarify the services they could offer, what the cost would be and how and when they would require payment. 3. Joanne Peterson updated the Board on the Housing Survey stating that data is still being entered both at the Vo -Tech and now at HTI. 4. Connie Mangan reported that a rehab project consisting of 10 apartment units on Jefferson Street has been identified and is eligible for the HOME Rental Rehab Program. We were initially contacted by the property manager after the Director spoke about the rehab program at a Chamber function. Valley View has also expressed interest in the program. The Board requested that Connie place a news release in the paper containing specific program requirements to alert more apartment owners of the program availability. 5. There was some discussion regarding the issue of a tax levy to support the HRA. The Board requested that the Director gather information regarding the process and how much would be raised from such a levy. VI. ADJOURNMENT There being no further business, Chairman John Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary Treasurer 0 HUTCHINSON HOUSING, INC. REGULAR BOARD MEETING FEBRUARY 16, 1993 MINUTES I. CALL TO ORDER: CHAMBER BOARD ROOM President Don Erickson called the meeting to order. Members present- Shirley Wass, Tammy Wendlandt, Lyle Van Hale and John Paulsen. Members absent -none. II. CONSIDERATION OF MINUTES OF JANUARY 19, 1993 There being no additions or corrections, John Paulsen moved that the minutes be approved as mailed. Lyle Van Hale 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. An accounting regarding moving the Dobratz house and expenses incurred versus proceeds from the sale was distributed to Board members. IV. OTHER BUSINESS 1. The Director informed the Board that the City did not. have an extra computer to donate to our office. Tammy Wendlandt then indicated that there may be an extra computer at Firstate Federal and that we should contact Curt. John Paulsen obtained a file cabinet, secretary's chair and desk as a donation from the telephone company and Peterson Paulsen also donated a desk. We are still in need of a desk chair and office supply storage cabinet. Lyle Van Hale will get back to us regarding any furniture or equipment that may be available at Marquette Bank. (Thank you, everyone -we really appreciate it). 2. The Director informed the Board that the mortgage bond payments on Park Towers remaining to Norwest Bank at or before close -out is $160,000. A budget for 1993 will be presented at our next regular Board meeting. V. ADJOURNMENT There being no further business, Don Erickson declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary Treasurer HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL BOARD MEETING FEBRUARY 26, 1993 MINUTES I. CALL TO ORDER: 1:00 P.M. BOARD ROOM CHAMBER Chairman John Paulsen called the meeting to order. Members present - Shirley Wass, Tammy Wendlandt, Lyle Van Hale and Don Erickson. Members absent -none. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING FEBRUARY 16, 1993 There being no additions or corrections, Don Erickson moved that the minutes be approved as submitted. Shirley Wass seconded and the motion carried unanimously. III. REVIEW OF INDEPENDENT MARKET STUDY PROPOSAL The contract submitted by Maxfield Research Group Inc. was reviewed. The scope of services will include site and location analysis, demographic analysis, housing market analysis (including incorporation of our housing survey results) and research review /conclusions & recommendations with report presentation. After discussion, Don Erickson moved that the Maxfield Research Group contract be approved for up to $10,600 depending on whether student housing and /or assisted living is included. Lyle Van Hale seconded and the motion carried unanimously. IV. REVIEW OF PUBLICORP PROPOSAL Publicorp submitted correspondence regarding three potential roles they assist HRA endeavors. The first would be financial consultant in construction or acquisition of multi- family housing using tax - exempt housing revenue bonds. The second is to advise the HRA on potential public assistance to private development of housing. The third area is to help in developing a plan for development of affordable single family lots for new homes. In addition, Connie has received a housing TIF proposal from Augusta Housing, Inc. There have been numerous TIF law changes and it would be helpful to have Publicorp review the proposal and make recommendations regarding a standard Housing TIF policy. Don Erickson recommended that we contact the Mayor regarding Tif districts for housing. In the meantime, Don Erickson moved that the HRA retain Publicorp as our financial consultant and that it is up to Augusta Housing to have their TIF proposal reviewed by Publicorp at their expense. Tammy Wendlandt seconded and the motion carried unanimously. Page Two Hutchinson HRA, Special Board Meeting February 26, 1993 V. The HCDC has hired a secretary for 12 hours /week for the HRA /HCDC office and has budgeted money for the position but does not have a payroll system established. Therefore, it is requested that the HRA administer the payroll for that position as we do for the development coordinator position. Don Erickson moved that we approve authorization for the secretary to be paid for through our payroll. Tammy Wendlandt requested a memorandum of understanding agreed to by HCDC that they are responsible for the costs associated with that position. Lyle Van Hale seconded and the motion carried unanimously. VI. ADJOURNMENT There being no further business, Chairman John Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary Treasurer 0 3/Dtl/91 14:ZZ: 2T Ol F1N30 LIBRARY DESCRIPTION RTVENUES RFSERVE BASIC STATE /FEOEAAL AID BIG STONE COUNTY CHIPPEWA COUNTY KANOIYOMI COUNTY LAC WUI PARLE COUNTY MC LEGO COUNTY MEEKER COUNTY RENVILLE COUNTY SWIFT COUNTY YELLOW 14EOICINE COUNTY APPLETON BENSON FAIRFAX GLENCOE GRACEVILLE GRANITE FALLS HUTCHINSON KERKHOVEN LITCHFIELD OLIVIA ORTONVILLE WILLMAR BIRO ISLAND DAWS0P1 HECTOR MADISON RENVILLE ATWAT "9R BROWNTON MONTEVIDEO CASH RECEIPTS C SALES TAX GIFTS INYFREST TOTAL REVENUES PICNEERLANO LIBRARY SYSTEM COUNTY 34 INTEGRATFO FINANCIAL SYSTEM STATEMENT OF REVENUES AND EXPENDITURES AS OF 2/20/93 CURRENT YEAR MONTH TO.OATE .00 •. BS,992.000R •• .Op •• ,pp •• 3Z.325.25CR •• .00 .. .00 •. Z0.117.50Ck •. UO •• 9, 603.5JC4 .• .o0 •• .00 r• .UO •. .O0 •• .00 r• .00 •• .y0 •• .vU r• .00 •• .00 •• .00 •• .00 •• .00 •• .00 .• .00 •• .00 A. .O0 •• .00 •• .00 •r .00 •• .00 ♦♦ 955.41CR •• 7,344.15CK .. 137.963.99 •• 18,373.82CR •••• 36.260.0008 .• 85.992.0008 •• 6,667.2SCR •• 36,029.SOCR •• 32.32S.25CR •• 9,060.7SCR •• .00 •• 20,111.SOCR .• L8.660.50CR •• 9,603.50CA •• 12.306.2SCR •• 2,670.ZSCA r• 6.856.SOCR •• 2.482.000R •• d.240.000A •• 1.169.7SCR •• 6.IS6.7SCR •• .00 •• 1.147.75CR •• 12.330.0008 •• 6.196.75CA •• 3.660.0008 •• 20,068.ZSCR •r 3.021.2SCA •• 3,844.SOCR •• 2.643.0008 r• 4.666.26CM •• 3.39E.25CR •• .00 •• .00 •• .00 •• 2.367.72CR •• 13.044.I5CR •• 263,353.13 •• 117.460.S2CR •••• IF S'T"i aA:iY 1 E UO: )/07/43 17:21: i4 % % BUDGET BOGY YEAR 37,947.0008 •• 95 17 420,700.CuCk .• 20 17 26.669.000k .• 25 17 144.II8.000R .r Z5 17 139,301.ODCR •r 2) 17 39.246.0008 •• 29 li 90.104.0008 ♦• . 17 80,470.00CR •• 25 17 75,SZ2.000A •. 25 17 36,439.0008 •• :5 17 49,225.0007 •• 25 17 10.713.0008 •. Z5 17 22.926.00CR •• 30 IT 9,92V.000R •. 25 17 32.960.0008 .• 25 It 4,679.0009 •• H 17 24.627.0008 • :5 it 65.482.000k •• O 17 4.591.0008 •r 25 17 49.320.000R •• 15 17 27,189.000• • 25 I7 15.440.000+ •r 25 17 101.473.00(.9 • 2n 17 12,08S.000P •• 25 17 15,370.000R •• 25 It 10,572.00CR •• 25 17 17,476.0000. •• 27 17 13.593.000A A. 25 li 3.000.01)CA • 0 17 3.000.00CR •• 0 17 27,3tl4.000R •• 9 17 2.013.000A •• 049 17 1,616.962.00 •. l6 17 1.314.00 ... • 0939- 17 0 ! � 4 / PIONEf HLANO LIBRARY SYSTEM CIIUNTY 34 2/25/91 INTEGRATED FINANCIAL SYSTEM IFS57n VA +E l 15:11:18 01 FUND STATEMENT OF REVENUES AND EXPENDITURES AS OF 2/20/93 EOn: 2125193 14:21:51 LIBRARY CURRENT YEAR X OF L OF DESCRIPTION MONTH TO -GATE BUDGET BOGT YEAR FKPFNDITURES SALARIES AND WAGES 77.257.48 •• 155,526.67 •• 990.323.00 •• 16 17 EMPLOYER'S SHARE HEALTH INSURANCE 2,623.01 •• S,ZSO.75 •• 31,826.00 •• 16 17 HEALTH INSURANCE - DEOUCTIOLE 2.544.70 90 2.544.70 •• E14PLOYFR•S SHARE RETIREMENT INSURANCE 8,712.43 •9 11.674.27 •• 106,395.00 •• 17 17 BOOKS - ADULT 20,534.60 •• 29.972.25 234.316.00 13 17 PERIODICALS 1,307.58 •• 1,690.03 •• 36.092.00 5 17 VIDEO TAPES 253.14 •0 292.09 •• 7.020.00 •• 4 17 OCLC AND OTHER CHARGES 25.00 •• 8.525.00 •• 20,250.00 •• 42 17 CON VENDOR CHARGES _ .. 7.0$0.63 0• 8.109.07 •• 33.500.00 •• 24 17 VEHICLE OPERATION 1,774.52 99 3.129.49 •• 1d,240.00 •• 17 17 VEHICLE INSURANCE 1,242.32 •0 2,484.64 •• 3.500.00 •• 71 17 TELEPHONE AND LINE CHARGES 880.18 •• 2.502.92 •• 12,500.00 •• 20 IT POSTAGE AND SHIPPING 1,194.27 •0 2.526.52 •• 12.686.00 •• 20 17 NEW EQUIPMENT 186.47 •0 393.26 •0 2.2Y8.00 •• 17 17 MAINTENANCE AND CONTRACT&..__. 1,401.64 •9 2.177.94 •9 16.300.00 l5 IT SUPPLIES AND PRINTING 3.904.38 •• 7,069.97 •• 27,145.00 90 26 17 PROMOTIONAL AND PROGRAMMING 748.37 •• 812.12 •• 3,492.00 •• 23 17 MILEAGE AND MEETINGS - STAFF _ 874,85 •• 1,025.02 99 7,000.00 •• 15 17 MILEAGE AND MEETINGS - TRUSTEES 647.86 00 795.10 •• 6,000.00 •• l3 17 WORK COMP /PROPERTY /LIABILITY INSURANCE 5.068.49 •Y 11,639.99 •• 12,737.00 •• 9l 17 ADS AND LEGAL NOTICES 17.72 99 34.92 •• 500.00 •• 7 17 AUDITING .00 •• .00 •• 1,850.00 •• 0 17 SOOKKEEP14G 225.00 •• 450.00 90 2,835.00 •• 16 17 CONTINUING t0 /SC4OL4RSHIP FUND 167.57 09 167.57 1,500.00 11 17 EXTENSION CONTRACTS .00 9• .00 09 22,279.00 •• 0 17 STATE SALES TAX 65.07 00 398.0 00 9.376.00 •• 4 17 TOTAL EXPENDITURES 139.507.28 0000 26S.393.98 9990 1.619.962.00 000• 16 17 BALANCE ON NAND 2/28/93 $175,274.27 4 /