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cp03-28-1995 cHUTCHINSON CITY CALENDAR Week of March 26 to April 1 1 9 9 3 WEDNESDAY -29- 10:00 a.m. - Directors Meeting at City Center 5:30 p.m. - Tree Board Meeting at Marquette Bank Conference Room SUNDAY I MONDAY TUESDAY -26- -27- 1 -28- Noon - Safety Council Meeting at Heritage Center 1:00 p.m. - Utilities Commis Meeting at Utilities 7:30 p.m. - Airport Commissio Meeting at Airport Lobby 5:15 p.m. - City Council Workshop at City Cente Main Conference Room 7:30 p.m. - City Council Meeting at City Center Council Chambers THURSDAY FRIDAY ! SATURDAY -30- -31- I -1- VACATION JIM MARKA - March 27 -31 HAZEL SITZ - March 27 -31 0 CITY COUNCIL WORKSHOP F 1] CITY CENTER MAIN CONFERENCE ROOM Tuesday, March 28, 1995 5:15 - 7:15 p.m. 5:1512.m. BRAD EMANS Fire Chief 5:30 p.m. GARY D. PLOTZ City Administrator 6:45 p.m. DICK LENNES HCDC Executive Director 0 • • MEMORANDUM Date: March 27, 1995 To: Mayor & Council From: Marilyn J. Swanson, Admin. Secretary I will not be at the City Council meeting on March 28 inasmuch as my mother -in -law passed away on Saturday, March 25. The reviewal is on Tuesday and the funeral on Wednesday. In the stress of rushing back and forth from the hospital and the office last Thursday and Friday, I inadvertently placed all of the Planning Commission items under "New Business" instead of "Consent Agenda." Therefore, you may want to have one motion to approve items 9 -(d) through 9 -(1). Also, I did not have time to complete Ordinances No. 95 -137, 95 -138 and 95 -139 for the packet. They should have second reading at the meeting so I have distributed them under 10 -A. AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 28, 1995 CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Rob Gamble, Vineyard United Methodist Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF MARCH 14, 1995 AND BID OPENING OF MARCH 9, 1995 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - FEBRUARY 1995 2. INVESTMENT REPORT 3. POLICE CIVIL SERVICE COMMISSION MINUTES OF MARCH 7, 1995 4. PLANNING COMMISSION MINUTES OF FEBRUARY 21. 1995 5. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF FEBRUARY 21, 1995 6. HUTCHINSON HOUSING, INC. MINUTES OF FEBRUARY 21, 1995 7. LIGHT TRAFFIC TASK FORCE MINUTES OF MARCH 13, 1995 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 95 -140 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING TO THE HUTCHINSON CITY CODE SECTION 5.46 AUTHORIZING THE ISSUANCE OF AN INTOXICATING MALT LIQUOR ON SALE LICENSE, UNDER CERTAIN SPECIFIED CONDITIONS, IN ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1, ARID SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) • 1 CITY COUNCIL AGENDA - MARCH 28, 1995 2. RESOLUTION NO. 10394 - ADOPTING 1995 HANDBOOK OF POLICIES, PROCEDURES, PRACTICES AND ADMINISTRATIVE ORDERS 3. RESOLUTION NO. 10417 - RESOLUTION FOR PURCHASE (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) RENEWAL OF INTOXICATING LIQUOR LICENSES 1. CLUB > AMERICAN LEGION POST #96 > CROW RIVER COUNTRY CLUB > ELKS INC. > VFW POST #906 2. RESTAURANT/BAR • FLYER'S/HI TOPS BAR & GRILL • J'S BAR & GRILL • LAMPLIGHTER LOUNGE II • VICTORIAN INN (e) TEMPORARY RECYCLING PERMIT FOR ELOUISE CARLSON, DBA CAN MAN (0 CIGARETTE LICENSE FOR RICK'S CAST -AWAY (g) SHORT TERM ON -SALE NON - INTOXICATING MALT LIQUOR LICENSE FOR ELKS LODGE SMELT FRY (h) EXECUTING THREE -YEAR COPS FAST GRANT AND CREATING FULL - TIME POLICE OFFICER POSITION IN POLICE DEPARTMENT Action - Motion to approve consent agenda 5. PUBLIC HEARING - 8:00 P.M. NONE 0 2 0 0 CITY COUNCIL AGENDA - MARCH 28, 1995 6. COMMUNICATIONS REQUESTS AND PETITIONS (a) PRESENTATION BY HIGHWAY 7 COALITION Action - 7. RESOLUTIONS AND ORDINANCES - SEE CONSENT AGENDA 8. UNFINISHED BUSINESS NONE 9. NEW BUSINESS (a) CONSIDERATION OF ESTABLISHING FEE FOR INTOXICATING MALT LIQUOR ON -SALE LICENSE Action - Motion to reject - Motion to approve (b) CONSIDERATION OF APPROVING CITY COUNCIL VISION STATEMENTS Action - Motion to reject - Motion to approve (c) CONSIDERATION OF AWARDING BID FOR HEATED ASPHALT TRAILER WITH TACK TANK Action - Motion to reject - Motion to approve and award bid (d) CONSIDERATION OF REQUEST FROM RALPH SCHMITZ, JAMES DEVELOPMENT FIRM, TO REZONE PROPERTY ON NORTH HIGH DRIVE WEST FROM R -3 TO R -4 FOR CONSTRUCTION OF APARTMENT BUILDINGS WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for April 11, 1995 3 CITY COUNCIL AGENDA - MARCH 28, 1995 • (e) CONSIDERATION OF REQUEST BY CROW RIVER SPECIAL EDUCATION COOPERATIVE FOR CONDITIONAL USE PERMIT TO CHANGE USE OF PROPERTY LOCATED AT BETHANY BAPTIST CHURCH (800 GROVE ST) FROM CHURCH TO SCHOOL WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve and adopt Resolution No. 10418 (f) CONSIDERATION OF VARIANCE TO REDUCE DRIVEWAY SETBACK TO ZERO FEET FOR CARWASH AT ERICKSON FREEDOM STATION LOCATED AT 11 FOURTH AVENUE NE WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve and adopt Resolution No. 10419 (g) CONSIDERATION OF PRELIMINARY PLAT OF GREAT PLAINS FIRST ADDITION LOCATED ALONG LAKEWOOD DRIVE (8TH AVENUE SW AND ROBERTS ROAD) SUBMITTED BY DAVE SMITH AND BRUCE NAUSTDAL WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS 0 Action - Motion to reject - Motion to approve and adopt Resolution No. 10420 (h) CONSIDERATION OF CONDITIONAL USE PERMIT TO ROTATE BUILDING 90 DEGREES AND CONSTRUCT POLE TYPE BUILDING AT STEARNSWOOD INC. (320 THIRD AVENUE NW) WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve and adopt Resolution No. 10421 (i) CONSIDERATION TO CHANGE STREET NAME OF ROBERTS ROAD WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve and adopt Resolution No. 10422 4 0 0 CITY COUNCIL AGENDA - MARCH 28, 1995 (j) CONSIDERATION OF ADDING SECTION 10.15 ENTITLED "HUTCHINSON ADDRESSES" TO CITY MUNICIPAL CODE BOOK WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve and waive first reading of Ordinance and set second reading for April 11, 1995 (k) CONSIDERATION OF JOINT RESOLUTION TO FORM JOINT PLANNING BOARD WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve and adopt Joint Resolution (1) CONSIDERATION OF LANGUAGE CHANGE ON FINAL PLAT PROCEDURE IN SUBDIVISION ORDINANCE, SECTION 12.20(D & E)., WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS Action - Motion to reject - Motion to approve and waive first reading of Ordinance and set second reading for April 11, 1995 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 12. ADJOURNMENT 5 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 14, 1995 1. The meeting was called to order at 7:30 P.M. by Vice President Mlinar. Present were: Vice President John Mlinar, Council Members Bill Craig, Kay Peterson, and Don Erickson. Absent: Mayor Marlin Torgerson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Rob Gamble. 3. CONSIDERATION OF MINUTES The minutes of the regular meeting of February 28, 1995 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - FEBRUARY 1995 0 2. HOSPITAL/NURSING HOME BOARD MINUTES OF JANUARY 17, 1995 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 95 -136 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 8.18.8 OF THE ZONING ORDINANCE NO. 464 OF THE CITY OF HUTCHINSON GOVERNING THE USE OF MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES IN THE FLOOD PLAIN AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10409 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - LETTING NO.4 3. RESOLUTION NO. 10410 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 8 1 5 ' CITY COUNCIL MINUTES - MARCH 14, 1995 0 4. RESOL[TI'ION NO. 10411 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - LETTING NO. 9 5. RESOLUTION NO. 10412 - RESOLUTION ESTABLISHING MUTUAL AID AGREEMENT WITH BROWNTON 6. RESOLUTION NO. 10413 - RESOLUTION FOR PURCHASE 7. RESOLUTION NO. 10414 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM FIRST BANK OF MINNESOTA, HUTCHINSON, MN 8. RESOLUTION NO. 10415 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK AND TRUST CO., HUTCHINSON, MN. 9. REVISED RESOLUTION NO. 10404 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (c) CONSIDERATION OF SNOW REMOVAL PERMITS r 1. FLOR AIN THODE 2. JAMIE EMANS The motion to approve the consent agenda was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) GRANTING OF FRANCHISES: 1. JOSEPH AND CHERYL DOOLEY 2. TODD AND SUE ALEXANDER Vice - President Mlinar called the hearing to order and read the notice of public hearing for two franchises. No one was present to be heard. 2 0 0 CITY COUNCIL MINUTES - MARCH 14, 1995 The motion to close the hearing at 8:03 P.M. was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. The motion to approve and grant franchises to Joseph and Cheryl Dooley and Todd and Sue Alexander and to waive the second readings and adopt Ordinances No. 95 -130 and No. 95 -135 was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. 6. COMMUNICATIONS REQUESTS AND PETITIONS NONE 7. RESOLUTIONS AND ORDINANCES (a) CONSIDERATION OF ORDINANCE ADDING TO THE CITY CODE SECTION 5.46 AUTHORIZING THE ISSUANCE OF AN INTOXICATING MALT LIQUOR ON -SALE LICENSE City Attorney Anderson reported that State Statute authorizes a municipality to allow "strong beer" sales, with the following two conditions: (1) the seller must hold a wine license and a 3.2 beer license, and (2) the seller must make 60% of the gross sales from the sale of food. It was also noted that wine coolers are included under the definition of wine so a wine license would be required to sell wine coolers. Following discussion, the motion to approve a "strong beer" license and to waive first reading of Ordinance No. 95 -140 and to set the second reading for March 28, 1995, at which time a license fee would be established, was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (b) RESOLUTION N0.10416 - RESOLUTION REQUESTING THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST TO ACCEPT PARTICIPATION OF CONNECTCARE IN ITS INSURANCE TRUST PROGRAM Following discussion, the motion to approve and adopt Resolution No. 10416 was n-.ade by C .,ncil Member Erickson, seconded by Council Member Craig and unanimously carried. 3 CITY COUNCIL MINUTES - MARCH 14, 1995 8. UNFINISHED BUSINESS NONE 9. NEW BUSINESS (a) CONSIDERATION OF AWARDING BID FOR WATER TREATMENT FACILITIES CHLORINATION SYSTEM MODIFICATIONS Following discussion, the motion was made by Council Member Peterson to approve and award the bid to Juul Contracting, Inc. in the amount of $26,772.50, seconded by Council Member Erickson and unanimously carried. (b) CONSIDERATION OF REQUEST FROM HIGHWAY 7 COALITION FOR FINANCIAL SUPPORT FROM THE CITY City Administrator Plotz reported that the Highway 7 Coalition was soliciting several communities for financial support of their project. It was recommended that Hutchinson contribute $30 per capita which amounts to $3,588.00 based on the 1990 demographics. Following discussion, the motion was made by Council Member Craig to approve the recommended contribution, seconded by Council Member Erickson and unanimously carried. ( c) CONSIDERATION OF FINAL PAYMENT FOR LETTING NO. 1, PROJECT NO. 93 -01 (SOUTH PARK WATER STORAGE TANK) Following discussion, Council Member Craig moved to approve the final payment for Letting No. 1, seconded by Council Member Peterson and unanimously carried. (d) CONSIDERATION OF REQUEST TO ADVERTISE FOR BIDS FOR CIVIC ARENA REFRIGERATION SYSTEM PROJECT Director Dolf Moon requested authorization to advertise for bids to be opened on April 6, 1995 and awarded on April 11, 1995. Following discussion, Council Member Erickson moved to approve advertising for bids, seconded by Council Member Peterson and unanimously carried. 0 1 4 0 0 CITY COUNCIL MINUTES - MARCH 14, 1995 0 (e) CONSIDERATION OF RECOMMENDATION FROM PARK/ RECREATION /COMMUNITY EDUCATION BOARD FOR PARKLAND DEDICATION OF WESTRIDGE SHORES PLAT Director Dolf Moon recommended that the Council accept Outlot A and three R -1 lots at $215 per to satisfy the parkland contribution concerning the Westridge Shores Plat. Following discussion, Council Member Peterson moved to approve the recommendation of the PRCE Advisory Board, seconded by Council Member Erickson and unanimously carried. (f) CONSIDERATION OF REQUEST FOR FULL -TIME RECORDS MANAGEMENT COORDINATOR IN THE POLICE DEPARTMENT Following discussion, Council Member Erickson moved to approve the full -time position, seconded by Council Member Peterson and unanimously carried. (g) CONSIDERATION OF AWARDING BID FOR 2 -WHEEL DRIVE '/z TON PICKUP TRUCK FOR PARK DEPARTMENT Following discussion, Council Member Craig moved to approve the bid of Superior Ford for a net bid of $12,507.00 after trade -in of a 1980 GMC pickup truck ($450.00), seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS CITY ADMINISTRATOR Administrator Plotz commented on the recent collision of two police vehicles. He stated that it would be necessary to purchase a squad car immediately, and the City could obtain one under the State bidding specifications at a cost of $17,217.00 from Superior Ford. Following discussion, Council Member Craig moved to approve the squad car purchase from the quote of Superior Ford, seconded by Council Member Erickson and unanimously carried. 5 CITY COUNCIL MINUTES - MARCH 14, 1995 The City Administrator suggested that the City Council hold a workshop prior to the next Council meeting to complete the directors' reports and to review some other items, including changing the meeting time for City Council meetings by amending the City Ordinance. The motion to hold a special City Council workshop on March 28, 1995, at 5:15 P.M. was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. (b) COMMUNICATIONS FROM CITY ENGINEER Engineer Rodeberg requested approval of awarding the bid for construction of the H.A.T.S. facility to Lovering- Johnson for $2,263,603.00, with alternate one. The motion to approve awarding the H.A.T.S. facility bid was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. The City Engineer reported that the one airport farmland rental issue had been resolved. He stated that Steve Hahn had offered a bid of $74 per acre for a one -year contract on the farmland he has been farming. His contract expired in 1994. The motion to approve a one -year contract with Steve Hahn was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. Engineer Rodeberg reviewed the subdivision agreement for Westridge Shores. Following discussion, Council Member Craig moved to approve the subdivision agreement, seconded by Council Member Erickson and unanimously carried. (c) COMMUNICATIONS FROM VICE PRESIDENT MLINAR Vice President Mlinar made reference to a letter in the packet which was addressed to the Fire Department commending them for their services during an emergency. The Vice President also commented on swing animal playground equipment which is being removed from the parks because it is dangerous. Vice President Mlinar noted the recent death of Eugene "Bud' Daggett and eulogized his commitment and service to the community. 0 0 0 CITY COUNCIL MINUTES - MARCH 14, 1995 11, CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:20 P.M. s • MINUTES BID OPENING THURSDAY, MARCH 9, 1995 The meeting was called to order at 1:00 P.M. by Director Randy DeVries. Also present were Operator Dick Nagy, Greg Johnson of RUST Engineering, and Administrative Secretary Marilyn J. Swanson. The reading of Publication No. 4774, Official Notice to Bidders, Water Treatment Facilities Chlorination System Modifications, was dispensed with. The following bids were opened and read: Northwest Mechanical, Inc. Long Lake, MN $26,820.00 GHT Construction, Inc. Delano, MN 34,000.00 Juul Contracting, Inc. Hutchinson, MN 26,772.50 Quade's Inc. Hutchinson, MN 30,950.00 The bids were referred to RUST Engineering for review and recommendation. The meeting adjourned at 1:05 P.M. LJ �r 4 ' FEBRUARY 1995 CITY OF HUTCHINSON FINANCIAL REPORT- 1995 FEBRUAR ENTERPRISE FUNDS 11,630.83 24,068.09 116,858.00 REVENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCEPERCENT • MONTH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 48,864.02 94,068.12 570,000.00 475,931.88 16.5% WINE SALES 12,539.42 22,779.03 172,000.00 149,220.97 13.2% BEER SALES 63,949.96 122,390.05 945,000.00 822,609.95 13.0% BEER DEPOSIT (104.00) (437.60) 0.00 437.60 0.0% MISC. SALES 4,330.75 8,150.72 63,000.00 54,849.28 12.9% LOTTERY SALES (610.00) 716.00 4,000.00 3,284.00 17.9% REFUNDS & REIMBURSEMENTS (1,127.96) (1,127.96) 0.00 1,127.96 0.0% CASH DISCOUNTS (1,141.10) (2,127.83) (1,500.00) 627.83 141.9% INTEREST 314.32 709.37 2,000.00 1,290.63 35.5% TOTAL 127,015.41 245,119.90 1,754, 500.00 1,509, 380.10 14.0% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 11,630.83 24,068.09 116,858.00 92,789.91 20.6% REPAIR & MAINTENANCE 699.22 1,764.03 5,750.00 3,985.97 30.7% CONSULTING 11,914.00 12,169.60 2,000.00 (10,169.60) 608.5% OTHER SERVICE & CHARGES 7,407.48 9,843.40 52,700.00 42,856.60 18.7% DEPRECIATION 0.00 0.00 19,200.00 19,200.00 0.0% DEBT SERVICE 0.00 0.00 34,790.00 34,790.00 0.0% TRANSFERS 0.00 0.00 130,000.00 130,000.00 0.0% COST OF SALES 107,392.58 233,569.36 1,348,700.00 1,115,130.64 17.3% MISCELLANEOUS (5,744.00) 0.00 7,100.00 7,100.00 0.0% CAPITAL OUTLAY (923.81) 0.00 5,000.00 5,000.00 0.0% 0 TOTAL 139,044.11 281,414.48 1,722,098.00 1,440,683.52 16.3% REVENUE REPORT - WATER SEWER /FUND SCORE 0.00 132,300.00 132,300.00 0.0% WATER SALES 45,825.98 90,193.70 580,000.00 489,806.30 15.6% WATER TREATMENT SURCHARGE 1,663.50 2,892.68 0.00 WATER METER 430.00 430.00 16,000.00 15,570.00 2.7% REFUSE SERVICES 42,565.31 66,990.72 440,000.00 373,009.28 15.2% REFUSE SURCHARGE 4,803.94 7,582.77 49,000.00 41,417.23 15.5% RECYCLE BAGS 0.00 0.00 500.00 500.00 0.0% REFUSE STICKER SALES 92.00 92.00 950.00 REFUSE RECYCLING (5,744.00) (7,683.27) 0.00 COMPOST CREDIT (923.81) (1,326.42) (7,000.00) SEWER SERVICES 144,420.77 279,682.16 1,775,000.00 1,495,317.84 15.8% PENALTY CHARGES (8.64) 2,235.25 15,000.00 12,764.75 14.9% INTEREST EARNED 4,068.75 4,068.75 125,000.00 120,931.25 3.3% LOAN REPAYMENT 411.76 773.52 0.00 (773.52) REFUNDS & REIMBURSEMENTS 352.57 352.57 3,000.00 2,647.43 11.8% OTHER 14,277.84 14,277.84 2,000.00 (12,277.84) 713.9% CONNECTION CHARGES 0.00 0.00 TOTAL 252,235.97 460,562.27 3,131,750.00 2,671,212.72 8.08 EXPENSE REPORT - WATER SEWER/FUND REFUSE 33,929.77 65,360.14 405,936.00 340,575.86 16.1% WATER 31,722.35 75,377.54 1,008,639.00 933,261.46 7.5% SEWER 150,915.75 231,183.59 2,463,779.00 2,232,595.41 9.4% DOTAL 216,567.87 371,921.27 3,878,354.00 3,506,432.73 9.6% �-4, (2 /-Z) 4. CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT • MARCH 20, 1995 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 Smith Barney CMO 80AP9 7.380% 2/15/93 5/112018 167,173.75 Smith Barney GNMA 865M7 7.363% 2/15193 8/10/2002 128,077.78 Smith Barney 313400 S H 7 5.00% 12/30/93 03/10/00 300,071.92 Smith Barney 313400 -y6 -4 8.19% 12/19/94 12/16/97 501,002.05 Citizens Bank 29790 4.60% 11/10/94 04/13/95 500,000.00 Citizens Bank 29792 4.60% 11/10/94 05/11/95 200,000.00 Marquette 30,020,176.00 6.30% 12/15/94 12/14/95 500,000.00 Witizens Bank 90734 5.05% 01/12/95 04/13/95 302,257.50 Citizens Bank 29793 5.90% 02/16/95 06115/95 300,000.00 Marquette 30020663 6.00% 03/16/95 06/15/95 200,000.00 Marquette 175 5.50% 03/16/95 05/11/95 600,000.00 Marquette 179 5.75% 03/16/95 07/13/95 400,000.00 Marquette 179 5.95% 03/16195 08/10/95 400,000.00 -------------------------- $5,179, 395.50 *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 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) Ll I! FEBRUARY 1995 CITY OF HUTCHINSON FINANCIAL STATEMENTS FEBRUARY 1 1995 REVENUE REPORT - GENERAL CURRENT YEAR TO ADOPTED BALANCE PERCENTAG MONTH -FEB. DATE ACTUAL BUDGET REMAINING USED TAXES 5,084.58 5,084.58 1,402,619.00 1,397,534.42 0.36% LICENSES 1,500.00 1,125.00 22,650.00 21,525.00 4.97% PERMITS AND FEES 10,910.04 13,640.47 173,000.00 159,359.53 7.88% INTERGOVERNMENT REVENUE 23,238.50 51,288.20 2,271,899.00 2,220,610.80 2.26% CHARGES FOR SERVICES 44,078.35 59,077.94 1,032,279.00 973,201.06 5.72% FINES & FORFEITS 4,741.61 8,814.51 66,000.00 57,185.49 13.36% INTEREST 8,767.39 11,693.49 50,000.00 38,306.51 23.39% SURCHARGES - BLDG PERMITS 449.53 604.48 1,000.00 395.52 60.45% CONTRIBUTIONS FROM OTHER FUND 1,542.50 1,992.50 627,500.00 625,507.50 0.32% REIMBURSEMENTS 3,228.49 1,313.73 24,100.00 22,786.27 5.45% SALES 0.00 0.00 15,800.00 15,800.00 0.00% TOTAL 103,540.99 154,634.90 5,686,847.00 5,532,212.10 2.7% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 3,451.78 6,350.21 46,785.00 40,434.79 13.6% CITY ADMINISTRATOR 13,978.06 29,502.24 168,356.00 138,853.76 17.5% ELECTIONS 0.00 1,300.32 4,875.00 3,574.68 26.7% FINANCE 22,859.94 43,611.97 284,467.00 240,855.03 15.3% MOTOR VEHICE 7,232.26 14,706.18 90,161.00 75,454.82 16.3% ASSESSING 0.00 0.00 25,500.00 25,500.00 0.0% LEGAL 13,379.35 13,401.40 86,600.00 73,198.60 15.5% PLANNING 13,114.82 19,636.58 93,881.00 74,244.42 20.9% POLICE DEPARTMENT 104,444.78 210,641.46 1,368,993.00 1,158,351.54 15.4% SCHOOL LIAISON OFFICER 7,107.09 13,025.31 40,650.00 27,624.69 32.0% MERGENCY MANAGEMENT 8.52 17.04 400.00 382.96 4.3% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE DEPARTMENT 5,619.97 10,156.37 161,237.00 151,080.63 6.3% FIRE MARSHAL 1,967.64 3,479.57 21,163.00 17,683.43 16.4% PROTECTIVE INSPECTIONS 13,322.46 23,539.74 124,018.00 100,478.26 19.0% ENGINEERING 28,046.98 51,699.18 320,443.00 268,743.82 16.1% STREETS & ALLEYS 32,829.09 59,028.68 486,401.00 427,372.32 12.1% STREET MAINTENANCE A/C 13,043.72 18,816.08 84,000.00 65,183.92 22.4% CITY HALL 6,644.63 13,756.13 75,964.00 62,207.87 18.1% PARK/REC ADMIN. 9,321.63 19,512.73 126,860.00 107,347.27 15.4% RECREATION 11,774.65 22,454.68 219,903.00 197,448.32 10.2% SENIOR CITIZENS CENTER 5,484.66 13,928.82 80,241.00 66,312.18 17.4% CIVIC ARENA 20,882.43 48,915.30 153,494.00 104,578.70 31.9% PARK DEPARTMENT 41,213.14 76,871.72 547,070.00 470,198.28 14.1% RECERATION BUILDING & POOL 5,906.98 10,298.30 76,958.00 66,659.70 13.4% LIBRARY 2,007.60 21,653.24 93,772.00 72,118.76 23.1% CEMETERY 3,967.68 7,482.17 73,894.00 66,411.83 10.1% DEBT SERVICE 930.00 1,860.00 24,984.00 23,124.00 7.4% AIRPORT 2,057.90 3,602.23 79,215.00 75,612.77 4.5% TRANSIT 10,549.02 21,233.60 172,668.00 151,434.40 12.3% COMMUNITY DEVELOPMENT 6,670.43 13,185.28 70,785.00 57,599.72 18.6% UNALLOCATED 17,603.26 51,665.76 482,859.00 431,193.24 10.7% TOTAL 425,420.47 845,332.29 5,686,847.00 4,841,514.71 4.77 9,249.40 0 0 HUTCHINSON POLICE COMMISSION MEETING The Hutchinson Police Commission held a meeting on March 7, 1995, at 7:15 a.m. at the Hutchinson Police Department. Present at the meeting were John Decker, Kathleen Skarvan, Kevin Compton, Chief Steve Madson, Lt. Ron Kirchoff , Lt. John Gregor and Investigator Waage. The meeting was called to order at 7:20 a.m. A motion was made by John Decker, seconded by Kevin Compton, to accept the minutes of the February 9, 1995 meeting. Motion carried. John Gregor then addressed the Commission informing them that interviews had been conducted on March 1 and 2, 1995. He stated that there were 18 candidates for the position of communication specialist. He then presented a copy of a memorandum addressed to Chief Madson which listed the outcome of the interviews. A motion was made by Kathleen Skarvan, seconded by Kevin Compton to approve the list outlined in the memorandum and to certify the top three candidates. Motion carried. Investigator Richard Waage then addressed the Commission with regard to his contention that when he was hired his position was a sergeants position. Waage provided a copy of a letter from City Attorney Barry Anderson addressed to Chief Madson. John Decker that it was his opinion after reviewing the February 1, 1971 Civil Service Rules and other documentation that Investigator Waage has been a sergeant all along. Kevin Compton agreed with this statement. Kathleen Skarvan stated she felt that it was used as a comparison for pay grade and that it was equivalent in status but no a sergeants position. John Decker stated that investigator Waage never was treated not as a sergeant. Kathleen Skarvan stated she felt the documentation states it is comparable to the status of sergeant but does not say anywhere that he is a sergeant. John Decker stated he believed when Investigator Waage was hired he was told he was a sergeant and Kevin Compton agreed with this statement. After the discussion a motion was made by Kevin Compton, seconded by John Decker, to rule that the entrance exam Investigator Waage took was and is considered to be a sergeants examination. Motion carried. With there being no further business to discuss a motion was made by John Decker, seconded by Kathleen Skarvan, to adjourn the meeting. Motion carried. Time of adjournment 7:55 a.m. Kevin Compton, Secretary 4 -A, (3) TO: FROM: DATE: RE: Chief Steve Madson Lt. John c. Gregor March 6, 1995 MEMORANDUM Interviews for Full -Time Communication Specialist Interviews were conducted on March 1 and 2, 1995 for the position of Communication Specialist. The interview panel consisted of Communication Specialist Jan Brown and Jean Gray, Patrol Officer David Erlandson and myself. A total of 18 applicants were interviewed. Based on the interviews and a typing test the top ten in order are as follows: NAME INTERVIEW SCORE Robin Shoen 89.75 Jodee Benage 81.75 Julie Reck 8325 Rose Bornstein 81.50 Shelly Olinger 78.75 Wendy Reinhard 77.00 Adam McCalla ** 77.25 Nellie Gehrke 7925 Gene Jensen ** 77.25 Rayan Verdeck 71.25 The following list of applicants were also interviewed Julie Olson Gary Ettel Judy Bretzke " Laura Gustafson'* Richard Kuttner Tami Wussow Vicky Redig Kim Schuette ' Denotes Veterans preference given to these applicants /Ikg 0 P MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 21, 1995 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Dean Wood at 5:30 p.m. with the following members present: Glenn Matejka, Roger Gilmer, April Brandt and Vice Chairman Wood. Members Absent: Bill Craig, Craig Lenz and Chairman Clint Gruett. Also Present: Planning Coordinator Brenda Ewing, Building Official Jim Marka and City Attorney Barry Anderson. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED JANUARY 17 1995 Mr. Matejka made a motion to approve the minutes dated January 17, 1995, seconded by Mr. Gilmer the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION TO REZONE PROPERTY LOCATED AT 215 - 4TH AVE N.E.(VALLEY VISTA APARTMENTS) FROM R -3 TO R -4 REQUESTED BY HOMER WASS Vice Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication 44764 as published in the Hutchinson Leader on Thursday, February 9, 1995. The request is for the purpose of considering to rezone property located at 215 - 4th Ave. N.E. (Valley Vista Apartments) from R -3 (Multiple Family Residence District) to R- 4 (Multiple Family Residence District - higher density). Planning Coordinator Brenda Ewing explained the request and the change of ordinance requiring the R-4 zone for apartments. She commented there may be rehab to upgrade the apartments. Mr. Mike Lynch, representing the owner Homer Wass, stated the property was to be properly zoned to receive loan consideration for the rehab of the building. Mr. Gilmer moved to close the hearing, seconded by Ms. Brandt the hearing closed at 5:39 p.m. Mr. Gilmer made a motion to recommend approval of the request to City Council. Seconded by Mr. Matejka the motion carried unanimously. b) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "WESTRIDGE SHORES" SUBMITTED BY ROBERT COWGER Vice Chairman Wood opened the hearing at 5:40 p.m. with the reading of publication #4765 as published in the Hutchinson Leader on Thursday, February 9, 1995. The request is for the purpose of considering a preliminary and final plat submitted by Mr. Robert Cowger to be known as "Westridge Shores" located on Ulm Ave. west of Otter Lake. ,� -A, (4) Hutchinson Planning Commission Minutes Februrary 21, 1995 Planning Coordinator Brenda Ewing commented on the request and staff recommendations. Building Official Jim Marka explained the unlooped water line will require the city to flow the hydrants more often to flush out stagnant water in the line. Ms. Ewing stated the county recorder required the name be change from Willow Ridge because of other plats with that name in the county. Parkland dedication was discussed by staff. The 100 year flood is compliant and there will be an $800 per unit electrical service charge. Discussion followed on the number of lots proposed. Mr. Marka explained the infrastructure will be placed on one side of Ulm Ave. There was discussion of the turn around for fire protection to the area. Vice Chairman Wood read correspondence from the County Recorder's Office and the response from the Cowgers. Mr. Matejka moved to close the hearing, seconded by Ms. Brandt the hearing closed at 5:43 p.m. Mr. Matjeka made a motion to recommend approval of the preliminary and final plat subject to staff recommendations. Seconded by Ms. Brandt the motion carried unanimously. C) CONSIDERATION TO REZONE PROPERTY LOCATED AT 902 HWY 15 SOUTH (NEXT TO WEST CENTRAL INDUSTRIES) FROM R -2 TO I/C FOR CONSTRUCTION OF OFFICE AND SMALL RETAIL REQUESTED BY DAVID BROLL Vice Chairman Wood opened the hearing at 5:44 p.m. with the reading of publication # 4766 as published in the Hutchinson Leader on Thursday, February 9, 1995. The request is for the purpose of considering to rezone property located at 902 Hwy 15 South (next to West Central Industries) from R -2 (Multiple Family Residence District) to UC (Industrial Commercial District) for construction of office and small retail requested by Mr. David Broil. Building Official Jim Marka commented on the informational meeting with the neighboring property owners in the area. He stated storm drainage were the main concerns by the neighbors. The neighboring property owners were in favor of plantings and not berming. Mr. Marka commented on the use of the building and staff recommendations. Mr. David Broil, owner of the property, commented on the site plan and stated he will contact the City Forester regarding the proper plantings. Mr. Ken Serpio, I & S Engineers, Mankato, explained the drainage and run off and possible catch basin placement according to elevation. He also commented on the placement of the building and parking. Hutchinson Planning Commission Minutes Februrary 21, 1995 Discussion followed on the access to the property. Mr. Marka stated the curb cut is existing. Discussion followed on the bookstore and other retail in the building. Building Official Marka stated any change of use or addition to the building more than 320 sq. ft. would require a conditional use permit. Vice Chairman Wood read correspondence from adjacent property owner Mr. Dick Jensen. Mr. Marka commented on the letter from Mr. Jensen and stated the City Forester would work with Mr. Broll and Mr. Jensen regarding plantings. Mr. Gilmer moved to close the hearing, seconded by Mr. Matejka the hearing closed at 6:06 p.m. Mr. Matejka made a motion to recommend approval of the request subject to staff recommendations and satisfactory screening with plantings. Seconded by Mr. Gilmer the motion carried unanimously. d) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REGARDING MANUFACTURED/MOBILE HOMES IN THE FLOOD PLAIN Vice Chairman Wood opened the hearing at 6:08 p.m. with the reading of publication # 4767 as published in the Hutchinson Leader on Thursday, February 9, 1995. The request is for the purpose of considering an amendment to Zoning Ordinance 464, Section 8.18.8, regarding manufactured/mobile homes in the flood plain. Planning Coordinator Brenda Ewing explained the history of the request. Building Official Jim Marka stated McDonald's mobile home park is the only mobile home park affected by the ordinance change and he has contacted Mr. McDonald to explain the requirements. Ms. Ewing stated the language would apply to placement of new homes only. Ms. Brandt moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:12 p.m. Ms. Brandt made a motion to approve the request based on staff recommendations. Seconded by Mr. Gilmer the motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE 32'X 64' METAL SHED AND CONSTRUCT A 48' GABLE ROOF ADDITION LOCATED AT STEARNSWOOD INC. Vice Chairman Wood opened the hearing at 6:13 p.m. with the reading of publication -4768 as published in the Hutchinson Leader on Thursday, February 9, 1995. The request is for the purpose of considering a conditional use permit to move a 32' x 64' metal shed and construct a 48' gable roof addition located at Steamswood, Inc. Building Official Jim Marka commented on the request and the change since the first request in July, 1993. He stated the location is the same as requested in 1993. Hutchinson Planning Commission Minutes Februrary 21, 1995 Mr. Gilmer moved to close the hearing, seconded by Ms. Brandt the hearing closed at 6:14 p.m. Mr. Gilmer made a motion to recommend approval of the request. Seconded by Mr. Matejka the motion carried unanimously. 4. OLD BUSINESS a) DISCUSSION OF ADDRESS ORDINANCE PROPOSAL Building Official Jim Marka commented on the wording he has received from City Attorney Barry Anderson. b) DISCUSSION OF ADDRESSING ON ROBERTS ROAD DIRECTED TO PLANNING COMMISSION FROM CITY COUNCIL Building Official Jim Marka commented on the history of the request and stated the changes would not take place until July 1st. Mr. Gilmer moved to table the discussion until all planning commission members are present, seconded by Ms. Brandt the motion carried unanimously. C) UPDATE ON ACOMA ORDERLY ANNEXATION Building Official Jim Marka commented on the meeting with Acoma Township. He also commented on the joint planning committee. Mr. Marka stated the Orderly Annexation agreement was approved by the City Council and is not yet signed by Acoma and Hutchinson Townships City Attorney Barry Anderson commented on the joint planning committee and the positive communication possibility with the city and townships. He stated this will not eliminate orderly annexation. Mr. Marka commented on correspondence to Mr. Fratzke regarding the annexation. d) STATUS UPDATE OF COMPREHENSIVE PLAN Planning Coordinator Brenda Ewing stated the comprehensive plan has been distributed to the various boards and committees for review and input is requested by March I st. 2 Hutchinson Planning Commission Minutes Februrary 21, 1995 5. NEW BUSINESS a) CONSIDERATION OF SKETCH PLAN "WOODVIEW ACRES PHASE III" SUBMITTED BY SAM MONTGOMERY LOCATED IN SECTION 25, ACOMA TWP, (2 MILE RADIUS) Building Official Jim Marka stated the planning staff is not in favor of the request. He explained there are many concerns regarding the perk tests and on -site septic systems. Mr. Matejka made a motion to reject the request and a letter sent to the county noting staff concerns. Seconded by Mr. Gilmer the motion carried unanimously. b) DISCUSSION OF SIMONSON LUMBER RELOCATION Mr. Marka commented on the agreement with Simonson's Lumber and the preferred Bluff St. design bridge. C) DISCUSSION OF ERICKSON OIL CAR WASH ON HWY 7 Building Official Jim Marka commented on the request and stated a variance is necessary. A representative from Erickson Oil stated they will redesign the store for a carwash. City Attorney Barry Anderson commented on the easement with Mr. Quade for the driveway. Mr. Marka stated the request requires a variance since the driveway crosses the property line. He also commented on the stacking of vehicles. There was discussion on the turn radius in icy conditions and concerns with water run -off unto Quade's property. City Attorney Anderson commented on the hardship questions. d) DISCUSSION OF BUILDING /ZONING/PLANNING SURVEY Jim Marka commented on the survey coming from the City Wide Survey. A task force was formed to create the survey which will go to building permit applicants and applicants for Planning Commission public hearings. 6. COMMUNICATION FROM STAFF a) Student housing letter and drawing Mr. Marks commented.on the transfer of property from the School District to the city for a hospital parking lot. Hutchinson Planning Commission Minutes Februrary 21, 1995 b) Water Retention Guidelines This is ° for your information' in regard to the Compton - Anderson house on School • Road. C) H.A.T.S. facility Jim Marka stated the City Council recommended the zone change on the property be R -2 not C as the Planning Commission had recommended. d) Year end report - Building/Planning /Zoning Mr. Marka commented on the year end report noting there are 226 residential buildable lots and 512 acres have been annexed this year. 7. ADJOURNMENT The meeting adjourned at 7:10 p.m. 0 0 l_J HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING FEBRUARY 21, 1995 MINUTES 1. CALL TO ORDER: NOON CONFERENCE ROOM CITY CENTER Chairman John Paulsen called the meeting to order. Members present: Tammy Wendlandt. Joel Kraft and Don Erickson. Members absent - Shirley Wass. 1I. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING JANUARY 19, 1995 There being no additions or corrections, Don Erickson moved that the minutes be approved as submitted, Tammy Wendlandt seconded and the motion carried unanimously. III. CONSIDERATION OF STATUS OF ACCOUNTS FOR LIRA GENERAL FUND AND PARK TOWERS PROJECT OPERATING FUNDS Disbursements and budgets were reviewed. Don Erickson moved that the financial statements be approved as submitted, Tanuny Wendlandt seconded and the motion carried unanimously. IV. REVIEW OF DRAFT CHART SHOWING MORTGAGE OPTIONS Loren Luschens and Jerry Hurley from the Rural Economic and Community Development formerly called the Farmers home Administration made a presentation on the Direct Housing Loan Program and the Guaranteed Rural Housing Program, Direct Housing Loan Funds for the very loan income buyer have been cut by about 50 %, for example, in 1994 $35 M was spent in Minnesota compared to the 1995 allocation for this program of $16.2M. Wally Tischer was also on hand to comment that he has approximately thirty lots that have been developed with the intent of building homes financed by the Farmers Home Direct Loan Program. On January 1, 1995, Wally had nine buyers eligible for financing by the Direct Loan Program. Three have been approved by Farmers Home but there is no money available for funding. Loren Luscliens described how Farmers Ilome is trying to stretch their dollars by leveraging with other programs. One pilot programjust begun is with lenders and MI IFA as follows: Lender /MHFA Loan $50,000 RECD (Farmers Home) Loan $32,780 Family Income $30,000+ In order to reach the very low income for example, a family of four earning $20,800, Downpayment Assistance Programs are needed. Heartland Community Action Agency # -A, (5) Page 2 HRA Board Meeting, February 21, 1995 has begun such a program in Willmar. While the Direct Loan Program has been substantially cut, the Guaranteed Rural housing Loan Program has substantially increased funding levels. One Billion dollars will be available in 1995, an increase of 250 million over 1994. The guaranteed loan program looks very useful in Hutchinson for existing housing. The loan limit-is $77,197 with no down payment required. The Director will research what the median sales price for housing is in Hutchinson versus the median sales price for McLeod County excluding Hutchinson. Tom Savage or Chuck Warner from the McLeod County HRA will also be contacted to inquire about a Downpayntent Assistance Program for McLeod County through the Heartland Community Action Agency. The Chart showing affordable mortgage options will be finalized and updated as needed. V. PARK TOWERS PROJECT 1. There are currently no vacancies and no rent receivables. 2. The Elevator Project is progressing with one elevator to be completed by the next Board meeting. 3. Phil Blot, PBA Architects was on hand to review preliminary designs for the lobby, community room, kitchen and beauty strop. 4. If Ciap funding is available in 1995, an application will be submitted to begin rehab of the units along with boiler updates because of the numerous breakdowns and repairs needed this year. VI. HOME RENTAL REHAB PROGRAM 1. Approximately 20 tenant surveys still need to be completed at Valley Vista. The owner needs to update bids to ensure that all bids will be effective for another 90 days and that the submitted bids match the scope of work and the prepared bid specifications. The submitted application needs to be amended to reflect final rehab soft and hard costs and operating expenses showing a lower debt service payment. No rent increases are allowed within the first year after rehabilitation with this program, due to potential trigger of relocation benefits. VII. MHFA HOUSING REHAB LOAN PROGRAM 1. Two deferred loans are in progress. One revolving loan has just been submitted to MHFA for approval. One deferred loan applicant has eligibility paperwork completed and is scheduled for an inspection. Five total deferred loans need to be processed by the end of June for this program. VIII. SMALL CITIES MOUSING REHAB PROGRAM 1. The memo submitted to the Board was reviewed and discussed. General procedural requirements of the Programs were also discussed, the consensus of Board members was that the premises must be accessible to inspectors and contractors in order to be eligible for rehab and that rehab funds are not intended to be used to remove garbage,etc, from homes, this should be a responsibility of the homeowner prior to the inspection. 0 . Page 3 HRA Board Meeting, February 21, 1995 Applicants will be processed on a first -come, first -serve basis with provision for emergencies to take precedence. Barry Anderson will review procedural guidelines and mortgage documents and make recommendations; one recommendation that he has made is that a Tax and Judgment Search be part of each application. IX. REVIEW OF 1994 LIRA WORK PLAN OUTCOMESMOUSING DEVELOPMENT Copies were sent out for Board member information. X. STUDENT HOUSING COMMITTEE UPDATE 1. The Hutchinson Technical College will be hiring Maxfield Research Group to perform a student housing study which should be completed within the next 60 days. XI. CONSIDERATION OF REHABILITATION SPECIALIST AMENDED CONTRACT 1. A change to the contract was made reflecting that the proposed 1988 Small Cities loan program admin fee is $1300 for each successfully completed rehabilitation project. Tammy Wendlandt moved to approve the change, Don Erickson seconded and the motion carried unanimously. XII. OTHER BUSINESS 1. Don Erickson requested that Augusta Housing be contacted to arrange a walk through at the March Board meeting and that an update be presented regarding the landscaping plan. 2. Terry Lee Swedinski asked the HRA to consider purchasing his property next to Twin Oaks Apartments with the idea that the HRA apply for tax credits March 31, 1995 for a project that would be constructed by Mr. Swedinski to be owned by the HRA. The Board informed Mr. Swedinski that the HRA would not consider his proposal until the Maxfield Housing Study is updated in July showing that more rental housing is needed and that private development is not filling the need. XIII. 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 21, 1995 MINUTES I. CALL TO ORDER: CONFERENCE ROOM CITY CENTER President Don Erickson called the meeting to order. Members present Tammy Wendlandt and John Paulsen. Members absent: Shirley Wass and Joel Kraft. IL CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING JANUARY 19, 1995 There being no additions or corrections, Tammy Wendlandt moved that the minutes be approved as submitted; John Paulsen seconded and the motion carried unanimously. Ili CONSIDERATION OF FINANCIAL REPORT Disbursements and financial statements were reviewed. John Paulsen moved that the financial statements be approved as submitted; Tammy Wendlandt seconded and the motion carried unanimously. IV. ADJOURNMENT There being no Further business, John Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary/Treasurer F 0 �-4-0 LIGHT TRAFFIC TASK FORCE MINUTES Monday, March 13, 1995 6:30 p.m. Members present: Leslie Smith, Lucille Smith, Ed Doring, Mary Ann Kasich, Dolf Moon, Rick Kjonaas, John Rodeberg, Brenda Ewing, Will Mangum, Rick Larson, Brian Bonte, Craig Junke, Al Koglin, John Arlt, Tina Vorlicek and Ron Ramirez I. COMMITTEE REPORTS A) Education - Dolf Moon commented on the Kick Off to the May 6th event. Dave Mueller will present bike safety issues to the third - fifth grades. Dolf stated there would be approximately 30 classes reached. B) Walking - Rick Larson presented a booklet on Low Impact Activity explaining the Volkssports. He commented on the participation at the Hutchinson Volkswalk, noting there were 91 participants in 1994. Rick anticipates an increase in participation over the next 3 years. He hopes to have a seasonal walk as well as a yearly event to promote walking. C) Running - Will Mangum stated he trying to get a running club started in Hutchinson and has some interest already. He commented it would help to have interested runners on the committee to get the club off the ground. The Library has meeting rooms. Will stated St. Cloud has a club of 150 members. He would like the first meeting of Hutchinson's Club to be held in April. Some suggestions were to post the meeting date at 3M, HTI, etc. D) Biking - John Rodeberg reported on the State Conference stating it was a very upbeat meeting. He commented on the Helmet Safety Program by the State and the funding available for helmets. The State will monitor the bike helmet use in eleven cities. II. OLD BUSINESS A. RESIDENT SURVEY Will stated Utilities can order labels for 5,000 households. Mary Anne commented on the help needed for preparing the surveys for mailing. A date was set for March 21, 1995, 6;30 p.m. at the City Center to help with the mailing. -A, (7) HUTCHINSON LIGHT TRAFFIC TASK FORCE MINUTES - MARCH 13, 1995 B. CONSULTANT FUNDING John reported there is possible funding of $75,000 for a consultant. He also stated Hutchinson will be receiving $5,000 for Helmet Promotion with a possibility of $1,000 to $5,000 more. He stated the survey will the task force with decisions as to a consultant. Ed Doring reported on funding for the McLeod Trail Foundation to create a trail along the Crow River to Glencoe. C. COUNTY RD 12 PROJECT Al Koglin commented the County Board approved the paving for bike paths on County Rd. 12 from Hwy 15 to #19. He stated the board would like to see provision for bike paths in the Comprehensive Plan. !�I�i:l_ T- 1��11��YI�L�•�9 A) "BIKE BONANZA' AND STATE BICYCLE SAFETY HELMET PROMO - MAY 6TH Doff Moon commented on the bicycle helmet safety program. He stated the Bike Bonanza will be held at the Rec Center from 10:00 a.m. to 1:00 p.m. There will be a $2.00 fee and the event is for both adults and kids. Dolf stated this will be a family event with a 10 point maintenance check, reflector program, obstacle course, Public Health booth, Volkssports, running club, roller blades, etc. in a carnival atmosphere. There will be a pre - registration through the park and recreation department. Drawings for prizes will be part of the event. Discussion followed as to the fairgrounds as a rain site. Task force help is needed. There will be a sign up sheet at the next meeting for help. B) B -BOP DAYS - MAY 18TH Mary Ann explained this event as a promotion of walking, biking, running to work on May 18th. She stated the Light Traffic Task Force should begin the promotion for this event. Doff suggested the City Wellness Committee help in the promotion for city employees. There was some discussion on promoting the Hutchmobile and taking the bus to work. 2 0 HUTCHINSON LIGHT TRAFFIC TASK FORCE MINUTES - MARCH 13, 1995 C) NATIONAL BIKE SAFETY WEEK Discussion was to promote Bike Safety Week during the Bike Bonanza. IV. OTHER BUSINESS A) LUCE LINE TRAIL AND BLUFF STREET BRIDGE PROJECT STATUS John Rodeberg reported that the final paperwork is with the District Engineer. John stated the DNR Grant has been delayed. The appraisals will be completed this week. Paving is scheduled to begin in August. John stated he will be meeting with a consultant on the Bluff St. bridge project. John also explained a proposed route to tie in the rec center with the schools. B) COMMENTS ON COMPREHENSIVE PLAN John Rodeberg commented on the new update of the city comprehensive plan. He explained the urban boundary area and the fact the city will be working with the townships to redefine the boundary. John explained the input from the Light Traffic Task force could be a one page description of what the goals are for Light Traffic in Hutchinson. V. ADJOURNMENT The meeting adjourned at 8:00 p.m. 9 3 �;LIPId1W • �� AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING TO THE HUTCHINSON CITY CODE SECTION 5.46 AUTHORIZING THE ISSUANCE OF AN INTOXICATING MALT LIQUOR ON SALE LICENSE, UNDER CERTAIN SPECIFIED CONDITIONS, IN ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1, AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 5.46 entitled "Intoxicating Malt Liquors" is hereby added and shall read as follows: Section 1. SECTION 5.46. INTOXICATING MALT LIQUORS. It is unlawful for any person, directly or indirectly, on any pretense or by any devise, to sell, barter, keep for sale, or otherwise dispose of intoxicating malt liquors, as part of a commercial transaction, without either a liquor license pursuant to section 5.40 of the City Code or this section. A holder of an on sale wine license who is also licensed to sell 3.2 percent malt liquors at on sale and whose gross receipts are at least sixty percent attributable to the sale of food, may sell intoxicating malt liquors at on sale without any additional license from the City. The seller qualifying under this chapter shall submit proof to the City Council that not less than sixty percent of the gross sales of the establishment is from the serving of food. Upon a request of the City Administrator, the seller 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 seller for the calendar year or fiscal year preceding the date of the seller's license renewal application. Section 2. 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 repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 2a th day of March, 1995. Marlin Torgerson, Mayor Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader on First reading: March 14, 1995 Second reading: March 28, 1995 4-6, ( j) . bodresisp RESOLUTION NO. ;&394— ADOPTING 1995 HANDBOOK OF POLICIES, PROCEDURES, PRACTICES AND ADMINISTRATIVE ORDERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the 1995 Handbook of Policies Procedures Practices and Administrative Orders is hereby adopted. This replaces the 1988 Handbook of the same name. The City Council reserves the right to amend any portion of the Handbook by a majority vote. Deletion of one particular policy shall not invalidate other policies within the Handbook. Adopted by the City Council this th day of 1995. 0 ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor 0 RESOLUTION NO. 10417 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 166 Trees $ 9,610.0 Conservation Program Park * All Seasons Remove Floor 118,994.0 Civic Arena Renovation Civic ** KMAL � Arena I � Ii *Funding from utility tdansfer or construction. * *Funding from capital p oject funds i We following items were authorized due to an emergency need: ITEM COST Date Approved: _ March 28, 1995 'lotion made by: *econded by: PURPOSE DEPT. j BUDGET VENDOR Resolution submitted for Council action by: M E M O R A N D U M VA U. Attached is a for the month • Apr 3rd, 1995 City Center •111 Hassan Street SE Hutchinson,,WN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 listing of the delinquent water and sewer accounts of Mar. Recommend service be discontinued on Monday, at Noon. Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primed on retwled raper - Police Services 10 Frar• Hutchinson, (612; Fax (6. 1- 090 - 0226 -0705 1- 295- 0026 -0202 Ed Wachtel Melvin Rothstein 226 5th Ave SW 26 Century Ave Hutchinson MN 55350 Hutchinson MN 55350 226 5th Ave SW 26 Century Ave 165.93 126.03 Promises 3 -31 -95 Promises 3 -31 -95 1- 270 - 0616 -0705 1- 295- 0120 -0702 Erik Haugen Gary Aanderude 616 Brown St 120 Century Ave Hutchinson MN 55350 Hutchinson MN 55350 615 Brown St 120 Century Ave 30.71 184.59 Kerry Krueger 924 Keith St 1- 395 - 0316 -0003 Hutchinson MN 55350 Heather Clouse 316 Franklin St S 1- 270 - 0706 -0803 Hutchinson MN 55350 David John 316 Franklin St S 706 Brown St 126.66 Hutchinson MN 55350 Promises 3 -31 -95 706 Brown ST • 54.61 1- 395+0505 -0105 Martin Garcia 70- 0736 -02 505 Franklin St S Ge 1d D. Br Hutchinson MN 55350 Box 505 Franklin St S Hutchi on MN 55350 208.03 73 ro St Promises 4 -3 -95 1- 395- 0576 -0503 1- 270 - 0835 -0203 Randy Vanderveen Gary Miller 576 Franklin St S 835 Brown St Hutchinson MN 55350 Hutchinson MN 55350 576 Franklin St S 835 Brown St 117.94 151.65 1- 395- 0587 -0201 David Jensen 587 Franklin St S Hutchinson MN 55350 587 Franklin St S Promises 3 -31 -95 1- 395- 0606 -0901 • Vernon Nisse 606 Franklin St S Hutchinson MN 55350 606 Franklin St S 66.85 1- 415- 0046 -0305 Barbara Fosse 46 Glen St N Hutchinson MN 55350 46 Glen St N 137.35 1-420- 0705 -0802 Mark Betker 19625 Skyview Circle Hutchinson MN 55350 705 Glen St S 136.74 1-420- 0716 -0501 • Janette Benage 716 Glen St S Hutchinson MN 55350 716 Glen St S 169.04 Lawrence Wendorff 24142 Vista Rd Hutchinson MN 55350 1420- 0726 -0304 Randy Stille 726 Glen St S Hutchinson MN 55350 726 Glen St S 114.86 Promises 3 -31 -95 E 1- 455- 0316 -0701 Gary Piehl 316 Grove St S Hutchinson MN 55350 316 Grove St S 115.95 Promises 4 -3 -95 1-480- 0545 -0901 Darwin Maus 545 Hassan St S Hutchinson MN 55350 545 Hassan St S 110.79 Promises 3 -31 -95 1- 1515 -1053 -0001 Back Yard 2600 Crystal Cove Rd Madison Lake MN 56063 1053 Hwy 15 S 42.65 Englsma 4220 West Shakopee Rd Suite 200 Bloomington MN 55437 1 -570- 0015 -0102 Lee/Mary A Cheney 15 Jefferson St S Hutchinson MN 55350 15 Jefferson St S 33.20 Promises 4-4 -95 1 -570- 0546 -0907 Penny Lieder 546 Jefferson St S Hutchinson MN 55350 546 Jefferson St S 183.78 1 -570- 0554 -0801 Clabos Woodworking 554 Jefferson St S Hutchinson MN 55350 554 Jefferson St S 31.78 1- 685- 0014 -0402 Milton Brinkman 14 Main St S Hutchinson MN 55350 14 Main St S 151.95 1- 685- 0126 -0901 M & D Properties 19625 Skyview Cirlce Hutchinson MN 55350 705 Glen St S 35.42 1- 685- 0130 -0301 • M & D Properties 19625 Skyview Circle Hutchinson MN 55350 130 Main St 154.07 • 1 -685- 0628 -0203 Greg Robbins 628 Main St S Hutchinson MN 55350 628 Main St S 129.50 Promises 3 -31 -95 1- 685- 0725 -0401 Pearl Westlund 725 Main St S Hutchinson MN 55350 725 Main St S 29.29 Promises 4 -3 -95 11 MEMORANDUM March 2, 1995 TO: Mark Hensen, Building Inspector FROM: Marilyn J. Swanson, Admin. Secretary SUBJECT: On -Sale Intoxicating Liquor License Holders Flyer's/Hi Tops Bar & Grill Gold Coin, Inc. J's Bar & Grill Lamplighter Lounge II Victorian Inn American Legion Post #96 Crow River Country Club Elks Inc. VFW Post #906 BOTTLE CLUB (SET UP) Hutch Bowl • CA MEMORANDUM DATE: March 14, 1995 TO: Steve Madson, Police Chief Gary Plotz, City Administrator FROM: James G. Marka, Building Official Casey Stotts, Fire Marshal Mark Hensen, Building Inspector RE: GOLD COIN LIQUOR LICENSE Based on the (2) enclosed inspection reports from the Minnesota Department of Health Sanitarian and the City of Hutchinson Fire Marshal, it is our recommendation that the Gold is Coin liquor license be denied until full compliance is met ames G. Marka Building Official JGM/mms Casey StOtts Fire Marshal cc: Marilyn J. Swanson (Place in liquor license file) Greg Stevens Gold Coin - Attn: Bill City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 9100 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587.2975 Far(612)234 -4240 Pnnted an receded payer - Hensen Building Inspector Police Services 10 Frank!!n Street SW Hutchinson, MN 55350.1464 �` 7l (612) 587 -2242 J� ' Fax (612) 587 -6427 (j7 I•...... ur nr-AL I n /'`r/.� -.' Division of Ennronmental Health 925 S.E. Delaware St., P.O. Box 59010 Minneapolis, Minnesota 55459 -00Q eau: FOOD/BEVERAGE ESTABLISHMENT INSPECTION REPORT TIrtN: LICENSEE A� c ,t — GTY OR TOWNSHIP P.O. LICENSE NO. OFFICE O "s"I I POSTED A❑ BO C ITEMS MARKED AND ORDERS WRITTEN BELOW MUST RF nnum Ilan wrru wv inI JITEMJWTJ DESCRIPTION fTEM DESCRIPTION ITEM wr. DESCRIPTION FOOD 18 1 Pre- ftuched, aeraped, soaked 34 1 Outside storage area, enclosures woperlr constructed, clean; controlled incineration 1 5 fewa, Who' eeense, Me Spoilage 19 2 Wash, rinse water; clean, proper tempera. tun 2 / Property Origirrall CointaineI LaWled FOOD PROTECTION 20 • 4 SaniNtation Nestle: clean, amperatuo. ooncon cation, exposure tie r INSECT, RODENT ANIMAL CONTROL 36 4 Pr e»np d o little, animals preteered, rte hiA, tuntle>, radar anknals FLOORS, WALLS AND CEILINGS 3 5 PosotrtlaRy buwdous to" meta eratan raaaiutsersts dtrktg ="S" display, saryia 21 1 prop cloMs: clean, use restricted 22 2 Foodtontaet surfaces of equipment and utensils clean, free of abraives and detergents 4 4 Fadeless a wimnolln Produce UMPWstum 36 1 lows: tonstrvctad, drained, clean. good repair, cowering installation, dustless cleaning madtods 73 M 1 1 Non-food contact surfaces of equipment and utensils Near Stw handling of clan equipment• uteri 5 1 Taarmonrton Provided and conspicuous 3i t Is, ceiling, Method equipment: con- strutted good repair, clean surfaces. dustless cleaning methods 6 6 2 hazardous food properly dsareag t- Opp and poloMe h haterdosr goad net r►esoed 25 1 Singh - service articees, stooge, Oispenprg LIGHTING 26 2 No re-au of si warivics articles 38 1 Nt ProvWW ° repyirad F,.lures g $ Food Protection during storage, "° age, prepar- ation, display, service and transportation 27 5 WATER Witter +ourp, sale: Het and cod under Pressure VENTILATION 9 2 Handiest of food (ice) minimized 39 1 Rooms and equipm to ted n required 10 1 Food lice) dispensing utensil, oropery stored SEWAGE DRESSING ROOMS m 4 Sewage and wsea wear disposal 40 1 opens clean. -cces t provided, facile— Clean, located, used PERSONNEL PLUMBING 11 5 P- mm wed infection ramicti d 29 1 Installed, maintained OTHER OPERATIONS 12 5 HIM waYted and clean, good hygienic 30 5 b�roswonmetien, lack uplwnage, 41 5 Toxic items property turd, hs/e ed and ' 13 1 Clean Bother, Mir restraints 31 4 TOILET AND NANO- WASHING FACILI iIES Number, oswvenientt, axwble, d+riPnd, sn[aNaO 42 43 1 1 Premises: maintained. free of litter, un- nKes °�' articles, Neanieg/nwmerwece equipment Property stored, wthortzed pert Complete separation from Iiving/deepcng gwrtars, Iwrdry FOOD, EQUIPMENT AND UTENSILS 11 2 Food (ica) comet surfacer: designed, constructed maintained, installed. located NSF standards 32 2 It' Toiler ro�d enclosed, le f Hand cleanser, lixtuns, unitary towels hand drying devices provided. Proper wawa receptacles. M I Clean, soled linen properly stored 15 1 Non-Food contact surfaces: designed, eertstrYtted maintained. installed. loped NSF Standards 45 4e C Piu"e with MCIAA Yes No der Passed yea No 16 2 Dishprsling fatalities: designed con• strutted, maintained. installed located, a�praeed 6AGE AND REFUSE DI SPOSAL 33 4;t"R ners Pr receptacles covered: ado- tcrrn00, imect/rodent Proof• nc'y. Clean t 7 1 Aawsu Thesmomerers, efien+ital test kits Prowled, gouge cock IW' IPS verve) BaCWicidst /t9em Cencentrarien ?EMPERATURES: Hot Water Sanitizing Hot Foods Cold Foods- NOTE: AS now 1100E egWpnwed OWN toast On applicable standards of Use National Sanftdm FotmtletlotL Pam rid specifications miter be lydstdRed tear review and approval prig to new consbticticI renwdNblg or Mrations, REM I REMARKS AND ORDERS I DIST FILE 5 PH NE NO. PuSUC LTFI County: McLeod . Licensee: Gold Coin, Inc. Address: 45 Main Street North, Business Name: Gold Coin Establishment No.: 0005484 License No.: 0007250 Page 2 of 4 Hutchinson, MN 55350 A survey was conducted on January 26, 1995, in response to a complaint of sewage flooding the basement of the facility. Roto Rooter Sewer Service Co. was contacted and repaired the clogged sewer line. This report was sent on March 13, 1995. The followine items are indicated for rnrr. don- fl= #42 Remove the sewage contaminated junk and debris within the basement of the facility. Compliance Date (05/01/95) #36 #37 Following improvements are required to the food storage area above the kitchen/dishwashing area: • Cover the floor surface with a commercial grade of sheet vinyl or floor tile. Compliance Date (05/01/95) • Wall surfaces within the food storage area must be smooth, cleanable, and light colored. Sheetrock covered with enamel paint meets the minimum finish requirements. Compliance Date (05/01/95) DISHWASHING AREA #36 Replace the floor within the dishwashing area with a commercial grade of sheet vinyl or floor tile. Furthermore, install 4 inch base cove at the floor /wall juncture. Compliance Date (05/01/95) #37 Replace the masonite wall surface within the dishwashing area with Fiberglas Reinforced Panel W). Compliance Date (05/01/95) #32 Discontinue using the handwashing sink within the dishwashing area for the storage of utensils, or as a food discard sink. Furthermore, provide dispensed soap and single service towels. Compliance Daze (04/01/95) Page 3 of 4 18 Discontinue storing food products within the dishwashing area. Compliance Date (04/01/95) 142 Discontinue storing janitorial equipment in the dishwashing room. Compliance Date (04/01/95) 136 Replace the floor surface within the kitchen area with a commercial grade of sheet vinyl of floor tile; also install base cove at the floor /wall juncture. Compliance Date (05/01/95) 115 Remove the wood storage cabinet adjacent to the steam table; replace storage equipment must meet National Sanitation Foundation (NSF) standards. Compliance Date (05/01/95) 123 Thoroughly clean the floor, wall, and ceiling surfaces throughout the kitchen and dishwashing areas. Compliance Date (04/01/95) 122 123 Interior and exterior surfaces of all food service equipment within the facility must be cleaned and maintained clean. Compliance Date (04/01/95) 18 All food products within the walk -in cooler must be stored off the floor on NSF approved shelves or dunnage. Compliance Date (05/01/95) 114 Provide NSF approved food storage containers equipped with lids for storing food products in the walk -in cooler. Storage containers must either be 4 inches or less in height, or 1 gallon or less in volume. Compliance Date (05/01/95) 113 All food service employees must be dressed in clean attire. Dirty aprons hung within the kitchen area must be washed or discarded. • Compliance Date (04/01/95) 123 Thoroughly clean the interior surfaces of the bottle cooler behind the bar. Compliance Date (04/01/95) 115 Reinstall the compressor cover on the Traulsen cooler. Compliance Date (04/01/95) • 0 0 • 0 • Page 4 of 4 If you have questions regarding the information presented within this report, please contact me at (507)389 -2501. GregVry H. Stevens Put& Health Sanitarian Environmental Health CITY OF HUTCHINSON 111 Hassan St. S. E_ Hutchiasoq Mimmota 55350 Fire Safety Inspection EXIT INTERVIEW NAME: GOLD COIN RESTAURANT PHONE: 587 -3810 ADDRESS-43 MAIN ST NO, OWNER OF PREMISES: BILL MGR. OR KEYHOLDER: DATE: 03 -09-95 INSPECTION #95 -021 IN ACCORDANCE WrrH THE PROVIS10.%S OF SfD&&'';GrA S- r.9TUTE 299F.01 I.MDOGWrA UNIFORM FIRE CODE. lNSPECHONOF THE ABO'VEPREMISES RASCOMPLETEDAND THEFOLLOWM VIOLATIONSAM/OR DEFICIENCIES WERENOTEDREQUIRMCOP .RECrWEACrIaN Owl - EMERGENCY LIGHT NOT WORKING (EAST WALL). - REMOVE MULTI -PLUG ADAPTER BEHIND COFFEE MACHINE. - REMOVE EXTENSION CORD IN ATTIC. - ALL WIRING NEEDS TO BE IN CONDUIT (ATTIC) ALSO WIRING BY REAR DOOR NEEDS TO BE IN CONDUIT, OR REMOVED. - DRAIN LINE GOING TO WALK IN COOLER NEEDS TO BE AIR GAPED (ATTIC). - A TRAP NEEDS TO BE PLACED ON DRAIN PIPING IN ATTIC. - RECOMMEND MOUNTING AN "EXIT" LIGHT (BATTERY BACKUP)IN PLACE OF PAPER "EXIT' SIGN PRESENTLY IN KITCHEN AREA. - A COVER PLATE NEEDS TO BE PUT ON LIGHT SWITCH NEAR REAR DOOR. - HAVE AN ELECTRICIAN MAKE RECOMMENDATIONS ON WIRING THAT IS HANGING FREE AND NOT IN JUNCTION BOXES IN BASEMENT. This isspectioa has bees. dose whelp users, and help aid is., the safety for Yoe, roar employees. and yew c ■.comers. The fire safety coaceras noted above need to be corrected is a timel muses w =aloe sore yon' bsildiaa stays as safe as possible. A re- inspection will be completed after � days. A play of action seeds to be in place at that time. For further assistance, contact the Fire Marshal at 612 - 587 -2506 • Hutchinson Fire Mancha! C. March 24, 1995 MEMO We have received from all but one liquor license holder the sales tax forms we required for renewal. We have contacted the appropriate parties at Lamplighter Lounge II and anticipate the information by Tuesday. We have examined copies of the returns sales tax returns provided to this office. The reports indicate the reporting license holders are in compliance with city ordinance requirements. Cin Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 (612) 587 -5151 Hutchinson, MN 55350 -3097 1612) 587 -29 Hutchinson, MN 553502464 (612) 587 -2242 Fat(612)234 -4240 Far(612)234 -4240 Fay(612)587 -6427 P'; ,ed .,n ,e, . ed nape. - $200 /Year APPLICATION FORM FOR TEMPORARY RECYCLABLE MATERIAL COLLECTION NAME AND ADDRESS OF OWNER Ca-» i a �eeYelr� F A O GC I SZ i 'z h DRIVER'S LICENSE #: If-,, on-site operator is different than owner list names: —,7e4' - l urlson C{1ris eq�- I son Ca'r I fli t l �e r- LOCATION PROPOSED FOR TEMPORARY RECYCLING SITE: 0 ZONING CLASSIFICATION OF ABOVE SITE: WHICH DAY OF THE WEEK AND HOURS DO YOU ANTICIPATE OPERATING? �Q %ulY�41lS DAY OF WEEK HOURS SPECIFY HERE OR ATTACH SCHEDULE OF DATES FOR A ONE YEAR PERIOD OR MORE r E e n y So r�Q2N LIST HOUSEHOLD ITEMS YOU PLAN TO SOLICIT OR ACCEPTr A/? e G'2- ex s 0 SUMMARY OF REGULATIONS LIMITING THIS ACTIVITYo NO SHREDDING OR STOCKPILING OF MATERIAL ON SITE (ORDINANCE 90 -24)) SEPARATORS AND COMPACTORS ALLOWED ONLY IF WITHIN VEHICLE OR NOT ACCESSIBLE TO PUBLIC (ORDINANCE 90 -24) NO COLLECTION WITHIN 200 FT. OF COMMERCIAL BUILDING OR 300 FT. OF RESIDENCE (ORDINANCE 90 -24) NO SIGNAGE ALLOWED, EXCEPT ATTACHED TO COLLECTION VEHICLE (ORDINANCE 90 -24) NO COLLECTION (OR SIGNAGE) ON CITY BOULEVARDS OR STREETS (CHAPTER 7 MUNICIPAL CODE) ONLY HOUSEHOLD RECYCLABLES (EXAMPLE NEWSPAPERS, PLASTIC, GLASS, METAL CANS) (ORDINANCE 90 -24) WEIGHT SCALES SHALL BE CERTIFIED (STATE REGULATIONS) I hereby agree to abide by ordinance number 90 -24 and all other applicable State and city of Hutchinson Municipal Codes and Regulations. & � Signature required owner /operator Copies of ordinance(s) available upon request. OFFICE USE Application Approved City Administrator Copies Forwarded ( ), Police Chief ( ) Zoning Official ( ) City Attorney ( ) 0 0 ...... ...... I ........ City ....... ....... -1 ..... I .... I . ....... ...... 6tate of Annessotat of ....... I .... Hutchinson County of ......... M,Leo.d- ... .... ............................ .. . .4pplization, No .... .............. ........... ....... Application for License to Sell Cigarettes at Retail The undersigned resident...... of the .............. ........... ....... City ............................. of..... ........ Rut.chiasoia .. .... - ........ -., , in the county ..,McLeod............. ............................... State of Minnesota, HEREBY .4PPLIC.1- TIOX FOR LICENSE to be issued to ...................... Michael --- R.-Neuman ..... ........ .............. ............................ ............ to sell cigarettes and cigarette papers and wrappers at retail at ..... gicv> ...... . . ..................... ............ ....... .......... ....................... ...................... I in the . .. ... .... 9i.tY ..... ..... .. ................. of --- .......... ... H.. u-t .... c.hi . .. n.. .s.. Rn. ............. in said county and state for the term of ... ... -nine--mo.aths ... .... ....... .......... ........ beginning with the......... ls.t.__. ......... day of...... ... April- ..... .... . ..... - .... I ... - ............ 19 95 , subject to the laws of the State of Minnesota and the ordinances and regulations of said City Hutchinson ........ ......... ............. . of ...... ................. - ......... ................ .................... perfalninj thereto, and herewith deposit. $ 59..,00.._.._..._... _......._....in payment of the fee therefor. (Z ........ I ... ... ..... ......... 19.9.5...... x ............ n.I.. WJ'A ................ . .... --- gei... _� • 11 • ( 1I"U RETAIL "ON SALE" 6tate of Binneota, commr or . __NcLP9d_ ... ... ..... . .... sic U. ..... To the City Council of the. .... city ..... ___of ................. I . .. ... .. 1.111 .... ........ ....... I ......... ­­.. State of Minnesota: hereby appl . __.__for a lit n for the term of . ...one day- -----__--- --- from the - ... ....... . 28th-__ ...._day . day of _ APTil ... ........... . ............... to WU At Retail Only, Non-Intoxicating Malt Liquors, as the same are defined by law, for cowumption "OX­ those certain premises in fly...... ._ .............. . . City f Hutchinson .... o1111 ... . ..... .. . ....... . described as foUe . to u*: Smelt Fry.sponaared_hy_.Elks Lodge .............. ___ . .. . ......... at National Guard Amory at which place said applicant.._. operate the bueis and to that end represent. and state....as follows! That said applicant. is. a _.._ _......_.._.__.__...citizen_... of the United States; of flood moral aharactor and repute; and ha __.attained the ais of 21 pan; that 111.1_. .... ..... _...._....propridar........nJ the establishment for which the license will be Lowed if this application is granted. That no manufacturer of such non - intoxicating malt Uquon has any ownership, in what, w in part, in said bueiness of said applicant or any in therein; That said applicant make this applicatim, pursuant and subject to all the days of the State of Minnesota and the ordinance, and regulations of " ............... .City._._............__.._..... . . ............. . . applicable thereto, which are hereby made a part hereof, and hereby aPw_...10 obs and obey the mnw; . wn.r ..am—. V ur. a � .wweb.l Recommend approval with restrictions and requirem Driver's license I.D. to be required for purchase Each applicant further states that —he is not nom the holder of, nor has —he made application for, nor does —he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. T M *72?ig% M CITY OF HUTCHINON Dow .. ljarch_24_ .... . ... . . ... ... 19_95_ ... 7 P. 0.. dildrem ..2- ........ ........ . ....... . ..... C // - C-• MEMORANDUM TO: Gary Plotz, City AdministratoF FROM: Steve Madson, Chief of Polic$1�'� DATE: March 22, 1995 ��11 RE: COPS FAST Grant As you are aware, the City of Hutchinson received a $75,000 grant to support a newly hired police officer over three years under the Federal Government COPS FAST Program. I have attached the grant document that I have completed for your review and approval. The grant would allow the police department to implement, on a permanent basis, the Police Intervention officer position that we were able to implement temporarily in November 1994, following a $30,000 donation from Hutchinson Technology. The remaining donation from Hutchinson Technology would be used as the local match. Essentially, the temporary position that Lisa Mueller is filling would become a permanent position under this grant. If you have any questions/or concerns regarding this memorandum, please do not hesitate to contact me at kour earliest convenience. llkg 95-02-"5 a r t A tJ2� wof eQ, �os� +ll� ie cc) UWck �f -1� 0 0 E osa yoe.. ro V m. MN04302F Hutchinson Police Department U.S. DI *tz Office of Communny vrmnteu ruuc,t,y, oci COPS FAST: Community Policing Information As described in the COPS FAST Fact Sheet, prior to receiving your COPS FAST hiring grant funds, you need to fill out the following form which provides information about your community policing goals and the activities of the new officers you plan to hire with your grant funds. The COPS Office will work with you towards meeting these goals. In addition, you will need to complete the attached Budget Worksheets for a financial review. Questions 6 must be typewriaen. Assistance in completing this information is available from the Depart- ment of Justice Response Center at 1-800421-6770, or by writing the COPS Office, P.O. Box 14440, Washington, DC 20044. You may add additional information concerning your plans by attaching type- written materials at the end of this form. The following infortnation will help the COPS Office understand the public safety problems facing your community. 1. Please rank in descending order the foltwing public safety Issues your community faces. Rank only those public safety issues that concem your community. For example, H weapons are on greatest threat to public safety in your community, put the letter 'r in rank number one. Rank: Major Public Safety Issues: 1. I a. Violent crimes against persons 2. A b. Property crimes 3. _ F c. Motor vehicle thefts 4. _ E_ d. vandalism 5. J e. Gangs 6. C f. Weapons 7. H g. Prostitution 8. B h. Drug crimes 9. fie_ i. Domestic violence 10. K j. Alcohol related crime, including DWI 11. D k. Disorderly conduct 12. I. Traffic violations 13. m. Agricultural crimes 14. n. Wildlife crimes 15. o. Hate crimes p. Other (specify) Psaa t POW eepoe6 s9 belle 6 hs coBecfim of mfamaom is eawaed a 4 33 bare pa . ack&a lie t fm mvwwmg asvecba seadma eaiasa dm s t0h m# ell manwmg ee 6l seede& wd cm,pkma ell rev ,.g the collection of m(amaoim, seed eommeats men its bwden eamae a any osha aped, or (d,, eerkrn of afammios. ado&& anyatims far rvio j !es baden a the Ofice of Community Onmted Pdi®t Sav+ces. Us Depmmm[ of 1 oseee, I I10 Ytemmt Ave., Mi', Washapm, DC tOSJO. Community policing is a way of providing policing services that emphasizes community partnerships, crime prevention, and problem solving. While all law enforcement agencies hope to respond and react to crime, community policing adds a focus on working to prevent crimes before they occur. By working with members of the community to identify and solve problem situations, community policing can be a tool to reduce crime and improve the quality of life of citizens. The information in the questions below will provide the COPS Office with basic knowledge about your current community policing efforts, and how you will use your new position(s) to further the implementation of community policing. You are not expected to engage in all of the activities listed below. They are examples of the commu- nity policing efforts of other taw enforcement agencies. If you have a written document that serves as your community policing plan, please attach it at the end of this form. Overall Approach: 2. Please indicate which of the following are part of your overall approach to community policing, and which you hope to Implement under your COPS FAST grant a) crime Prevendon Efforts. Have Plan to Implemented Implement ® O b) ProbNm- Salving Activiaes: a. Youth programs (e.g.. in-school, after school, weekend policelyouth program) b. Anti -drug programs c. Regular meetings with community groups to discuss crime d. Anti- violerwe programs e. Other (specify) Have Plan to Implemented Implement ® O a. Identifying crime problems with members of the community and other O govemment agencies (e.g., prosecutor and courts, social services, ® O probation office) ® O b. Identifying crime problems by looking at crime trends (e.g., O 0 keeping records of crimes and the types of requests for help) O c. Preventing crime by focusing on oonddions that lead to crime (e.g., abandoned buildings and cars, referrals to other civil agencies) d. Other (specify) e1 Community Partnerships: Have Plan to Implemented knpwment 0 ® a. Nhiting a strategic plan for community policing O b. locating office or stations within neighborhoods ® O c. Community policing training for officers O 0 d. Community policing training for citizens O 0 e. Other (specify) 0 • i E Communities: 3. Please Indicate which of the following groups you partnerships to combat crime in your community. Consulted Plan to Consuft a. Foot patrol, bike patrol or mourned patrol ® a ® O ® O ® O ® a ® O ® O O O Citizens: MN04302F Hutchinson Police Department a. Other government agencies (eg., probation office, sanitation) b. Civic groups c. Neighborhood associations d. Tenants' associations e. Organizations of your employees, including collective bargaining groups f. Business groups g. Religious groups h. schools L Other (specify) 4, Please Indicate which of the following partnership activities are currently performed by citizens In your Jurisdiction, or are planned under your COPS FAST grant Currently Planned Under a. Foot patrol, bike patrol or mourned patrol Perform COPS FAST Grant b. Making dm-to-door contacts with citizens and businesses is O a. Neighborhood watch O ® b. -Volunteering with your law erdoroement agency O ® c. Citizen advisory groups to your law enforcement agency 0 ❑ d Citizen patrols within your oommunity ® O e. Participate in anti -drug or anti- vidence programs O O f. Other activities (specify) Patrol Officers: S. Please indicate whkh of the fallowing activities are curwdy performed by pawl of ika st, or which are planned under your COPS FAST grant a) Crime Prevention AtdHMs: Currently Planned Under Perform COPS FAST Grant is O a. Foot patrol, bike patrol or mourned patrol 31 O b. Making dm-to-door contacts with citizens and businesses is O c. Meeting with community leaders and groups to explain crime prevention techniques 0 O d. Using business cards, cellular phones or beepers to maintain contact with, and be contacted by, citizens regarding public safety concerns ® O a. Working in schools or other public agencies to teach crime prevention (� f. Other(specify) Youth Tntorynntion Pier 3 b) Problem - Solving Activities: Currently Planned Under Perform COPS FAST Grant ® ❑ a. Working with citizens to solve community crime problems gi ❑ b. Using computer systems to oohed and analyze information ❑ ® c. Working with other public agencies to solve disorder problems (e.g., trash collection, public works agencies to solve lighting problems). ❑ ❑ d. Other (specify) 6. Your COPS FAST grant award creates one or more now officer positions) in your law enforcement agency. You are required to either dedicate these now ohfloars, or an equal number of current officers, to community policing. Briefly describe how you will use your new offleor positions that are resulting from your COPS FAST grant award to advance community policing. (Please "your answer) : This department will dedicate one officer to providing youth intervention service. On a full -time basis, this officer will meet with "at risk" youth and their parents to advocate family services. The goal is to intervene before the "at risk" behaviors become criminal thereby reducing crime as well as the burden on the criminal justice system. Complete your Community Policing Information by signing and dating below. Both the law enforcement executive and the govemment executive must sign. We. the undersigne(t atterr to the accuracy of the Community Policing Law Enforcement Executive: Government Executive: Person Completing Form: Title: Chief o f Pn l i r e Na11�8 Date: 03 -17 -95 SO- Wra: Tie: City Administrattleme(ty)ed): Date: Signstae. Title: Chi f of Pnlire Na I Date: 03 -17 -95 Slgnatm: 0 0 0 i 0 MN04?0ZF US Hutchinson Police Department Office of Com COPS FAST: Budget Information As described in the COPS FAST Fact Sheet, prior to receiving your COPS FAST hiring grant funds, you need to provide information about your budgetary plans. The worksheet below and on the back will assist you in properly organizing and estimating your costs and providing the necessary details for financial review. In addition, you will need to complete the attached Community Policing Information. Complete one worksheet for each of/tcer that your plan to hire. These figures will be used to calculate the final grant amount, which may be more or less than the estimated grant amount. Assistance in completing this informa- tion is available from the Department of Justice Response Center at 1 -900- 421 -6770, or by writing the COPS Office, P.O. Box 14440, Washington, DC 20044. [1. OFFICER(S) TO BE HIRED I 3. TOTAL COSTS FOR THREE YEARS: This worksheef describes the cost for Fast Ywfa Salary . Rage (a+b) S 36.325 _(line c) fdwch one of the fdlow(ngj M One new entry e+el U time oROer O One rehired Fortner officer O One lateral transfer O One part time officer. The average number of hours per week the fat time officer we work b 2 COST PER OFFICER Current Annual Base Salary: 3 26,853 (kne a) (12.91) Annual Fringe Bsnefdr FICA S $octal Security S Health Insurance s 5, 185 Lde Insurance f 225 vacabon $ Side Leave s Retirement $ 3,062 workman's Compensation $ 1,000 Unemployment Insurance s Other' S `Raga bwaea a 1,n law bud mow be spar M n'Q»f tea e a aF.000 , "V, .mama. mkkke a a,- ea w oar pamewa Second Years Increase— Second Years Seery + Fringe (c+d) Third Years Increase— $ 2.906 ()ine d) = 39,231 (imea) = 3,138 (yam 0 Third Years Salary + Fringe (e+I) $ 42,459 (line g) ToW Casts for Throe Years (c+e+y) $ 118,015 (Une h) -rut. Yaws .,v.....marmamampTawasaremace&" adpueww. Yw, may dwvb P / aka CabawW n a,a Dudek s,.MMV m,a new cede ar ar+anw,aa 1 4. LOCAL AND FEDERAL SHARES: i TOW Coats for Three Yeas (fine h): S 118,015 Percentage of TOW Costs to be paid by you: 36.5 % (Ww i) (Thee is the percentage of your local mall - It must be at bast 25% dab trial costs for One yeas.) Percentage of Total Costs to be paid by the COPS Office: 63.5 % (line )) (This is the percentage of the federal sham. it may be no more than 75% of the total e0sts for thee years.) Line ) rnultipaed by Line h: $ 75,000 (kne k) Amount on Lie k WS75,000,' whichever is the lesser amount: $ 75,000 (line 0 TukN Anmral Fringe 8eneflb: f 9.472 (line b) pea. 5 COPS FAST: Budget Information, cont... After completing one worksheet for each officer that you plan to hire, complete the questions below. t. Name of the Federal Agency to which audits of your federal grants are sent (your "federal cognizant agency'): Federal Audit Cleari 2. Starting date of your fiscal year. _January 1 Ending date: December 31 3. Your Employer Identification Number, as assigned by the Internal Revenue Service for tax purposes, is: _41- 6005253 4. Under this COPS FAST grant, your department plans to (enter number of officers for each that Is applicable) : Hire 1 now entry level officer(s). Rehire formeroffoers. Hire lateral entry officers. Hire part tme officers. 5. Are you including increases In salary and fringe benefits for the second and third years of the grant? is Yes. if so, explain tow the costs of" and/or step increases were calculated for the second and third years: Cost of living adjustment each January I - average 3.0% Step increase each year of 5.0% 6. The total cost for eateries and benefits for the officer(s) to be hired over the neat three years is S 118,015 Include the sum of salary and benefits for all three years found in 6ne h). 7. The total amount of federal grant funds being requested for the officer(&) is S 75,000 (include the sum of grant funds being requested for the oficer(s) found in line k, this may be more or less than the original grant amount estimate). 6. Under your COPS FAST grant, the federal grant share must decrease each year leading to full local funding of officers' salarl" and benefits at the end of the grant period. Last the total amount to be paid by the federal goverranent, and the total amount to be paid by your jurisdiction, in each of the years fluted below. Year f S 23.085 Year f $ 13.240 Year2 S 24.932 Year2 $14.299 Year3 $ 26.983 Year3 $ 15.476 The undersigned ane is to the accuracy of the Budget Information submitted above. 1M $ 36.325 $ 39.231 $ 42 459 Name (typed)of Authorized Official: Steven C. Madson TM*: Chief of Police Signature: 0 pop e 1] E 0 9 LICENSE AND PERMIT FEES - page 2 LIQUOR LICENSE FEES: Club Liquor License April 1 Under 200 members 300.00 201 - 500 members 500.00 501- 1000 members 650.00 1001 -2000 members 800.00 2001 -4000 members 1000.00 4001 -6000 members 2000.00 Over 6000 members 3000.00 On -Sale Intoxicating Liquor License April 1 - pro - rate ;refundable 3000.00 Off -sale Non - Intoxic. Malt Liquor License May 1 - no refund 200.00 On -Sale Non - Intoxic. Malt Liquor License May 1 - no refund 350.00 On -Sale Non - Intoxic. Malt Liquor License Short Term 50.00 Bottle Club (Set -up) April 1 50.00 • Wine License April 1 1500.00 Intoxicating Liquor Investigations 250.00 Malt Liquor (Non - Intoxic.) Investigations 50.00 0 DAVID S. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL O. DOVE ** RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITTED IN TEXAS AND NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABLLITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 5 53 50 -2 56 3 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX(612)587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON March 28, 1995 Re: Strong Beer License Issues Our File No. 3188 -92221 OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENSURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16121545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 Dear Gary: At the staff meeting last week, Chief Madson mentioned that he recalled a statutory provision regarding wine license fees. His memory has not failed him. Minn. Stat. §340A.408, Subd. 2(c) provides as follows: The license fee for the issuance of a wine license may not exceed one half of the license fee charged for an on sale intoxicating liquor license, or $2,000, whichever is less. Since the statutory provision does not provide a specific license fee, the City is entitled to charge whatever it wishes for a wine license subject to the maximums provided by the above referenced statute. If you have any additional questions or comments in connection with the foregoing, please feel free to contact me. Thank you. Very truly yours, D, AN ERSON & DOVE, P.L.L.P. fJ /�� f G. Barr Anderson • GBA:lm CC Chief Madson CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Ct. �iCERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIAI E EAJ DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A_ BRUEGGEMANN PAUL O. DOVE` RICHARD G. M<GEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD .LSO ADMITTED IN TZX S ANO NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX IS 12) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON March 10, 1995 Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 RE: Liquor Licensing Issues Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 3159 -5506 At the last City Council Meeting the Council asked our office to prepare a proposed ordinance dealing with the sale of intoxicating malt liquors, colloquially known as "strong beer." As you know, Section 5.40 of our City Code limits on sale liquor licenses only to restaurants and clubs or congressionally chartered veterans organizations, subject to certain additional limitations. Section 5.30 of the Hutchinson City Code authorizes the issuance of beer licenses but beer is specifically defined by the code as malt liquor containing "not less than one half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight." (see Section 5.01 of the definitions). Malt liquor is defined as beer or other beverages made from malt by fermentation and containing "not less then one half of one percent alcohol by volume." (Section 5.01, Subd. 14). State law deals with this situation by specifically authorizing a municipality to allow "strong beer" sales but with two conditions. The seller must hold a wine license and a 3.2 beer license and must make sixty percent "of the gross sales from the sale of food." Please note that our existing ordinance, in dealing with the restaurant requirement, defines a qualifying restaurant as one with "forty percent of the gross sales" from the serving of food. (City Code Section 5.01, Subd. 20). CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Gary Plotz • March 10, 1995 page 2 To deal with this problem, i have specifically included in the proposed ordinance the same language that the City presently uses to deal with restaurant issues except to note that the requirement is sixty percent rather than forty percent. One additional point deserves comment. At the last meeting, inquiring was made regarding whether or not wine coolers would be included under this statute. Wine coolers are specifically included under the definition of wine (see City Code Section 5.01, section 23). Accordingly, a wine license will be required to sell wine coolers and if the accompanying 3.2 beer license is also issued, then, in that event, the seller may also dispense intoxicating malt liquor or "strong beer." Thank you for your time and attention to not hesitate to contact our office with liquor license issue. Best personal regards. Very truly yours, • ARNOLD, AND RSON & DOVE P. L. L. P. �j G. Barry nderso7i GBA /es cc: Steven Madson, Chief of Police • these matters. Please do questions regarding any I ORDINANCE NUMBER 2ND SERIES • PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING TO THE HUTCHINSON CITY CODE SECTION 5.46 AUTHORIZING THE ISSUANCE OF AN INTOXICATING MALT LIQUOR ON SALE LICENSE, UNDER CERTAIN SPECIFIED CONDITIONS, IN ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1, AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 5.46 entitled "Intoxicating Malt Liquors" is hereby added and shall read as follows: Section 1. SECTION 5.46. INTOXICATING MALT LIQUORS. It is unlawful for any person, directly or indirectly, on any pretense or by any devise, to sell, barter, keep for sale, or otherwise dispose of intoxicating malt liquors, as part of a commercial transaction, without either a liquor license pursuant to section 5.40 of the City Code or this section. A holder of an on sale wine license who is also licensed to sell 3.2 percent malt liquors at on sale and whose gross receipts are at least sixty percent attributable to the sale of food, may sell intoxicating malt liquors at on sale without any additional license from the City. The seller qualifying under this chapter shall submit proof to the City Council that not less than sixty percent of the gross sales of the establishment is from the serving of food. Upon a request of the City Administrator, the seller 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 seller for the calendar year or fiscal year preceding the date of the seller's license renewal application. Section 2. 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 repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 14th day of March, 1995. Marlin Torgerson, Mayor Attest: Gary D. Plotz City Administrator • Published in the Hutchinson Leader on First reading: March 14, 1995 Second reading: March 28. 1995 i CITY COUNCIL VISION STATEMENTS HUTCHINSON will be the "Top Quality Place" to live in Minnesota HUTCHINSON will be the best managed/motivated city in USA (city /school /industry) HUTCHINSON will be the model city for sound fiscal management HUTCHINSON will be the #1 city in outstate Minnesota for economic growth HUTCHINSON will be the area hub of choice for retail, banking, dining, and entertainment HUTCHINSON will be recognized as the leader in public safety programs that partnership with citizens, industry, and institutions HUTCHINSON parks, facilities, and programs will reflect the needs of visitors, residents, and neighborhoods HUTCHINSON will facilitate a planned approach to accommodate a full mix of housing 9-a I AREA RESIDENTS will consider Hutchinson's prime value to be its convenient, accessible and state -of -the -art transportation system HUTCHINSON will be the #1 city in outstate Minnesota for industrial growth HUTCHINSON will be the model city for governmental and private partnerships HUTCHINSON will reflect concern for the environment in all decision - making processes 0 0 I CI DATE: March 24, 1995 TO: The Mayor & City Council FROM Doug Meier / Larry Barg SUBJECT, Recommendation to purchase a Heated Asphalt Trailer w /Tack Tank. On February 7th, 1995, letters were sent to the following Equipment Dealers requesting quotes for the purchase of one (1) New 1995 Heated Asphalt Trailer with a Tack Tank: H.D.Industries Inc., Scan Road, Aeroil Products Co. Inc., and Stepp Mfg. Co. Inc.. H.D. Industries Inc. P.O. Box 8250 NO BID Jacksonville, Texas 75766 Scan Road P.O. Box 7677 NO BID Waco, Texas 76714 Aeroil Products Co. Inc. 69 Wesly Street NO BID South Hackensack, New Jersey 07606 Stepp Mfg. Co. Inc. 12325 River Road North Branch, MN 55056 OPTION #1 One (1) New 1995 Heated Blacktop Trailer With Accessories Per Spec's. Cash Bid: $20,265.00 Tax $ 1,317.22 Total Bid: $21,582.22 OPTION #2 One (1) New 1995 Heated Blacktop Trailer With Accessories Per Specs. City Center 111 Hassan Street SE Hutchinson, A!N 55350 -2522 (612) 587 -5151 Far(612)234 -4240 Cash Bid: Parks h Recreation 900 Harrington Street SW Hutchinson. MN 55350 -3097 (612) 587 -2975 Far(612)234 -4240 - Printed on recycled payer - $21,582.22 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 � Fax (612) 587 -6427 OPTION #1 NO BID J.OPTION #2- NO SID ( OPTION #3 Cash Bid on 1955 International Oil -Dist. Truck. -" CASH BID: $ 11000.00 ',tarry Karg x;''22243 - 200th Street ,451'�HUtChinson, MN 55350 ") OPTION #1 NO BID OPTION #2 NO BID OPTION #3 Cash Bid on 1983 Heated Bituminous Mix Trailer. CASH BID: $ 485.00 After reviewing the results of the Bid Proposal, I am recommending that the City if Hutchinson enter into a contract with Stepp Manufacturing, 12325 River Road, North Branch, MN 55056, to supply one (1) New 1995 Model Heated Asphalt Trailer to the City of Hutchinson for $20,265.00 plus tax of $1,317.22 for a Total Bid Price of $21,582.22. I'm also recommending that we sell the 1955 International Oil -Dist. Truck to Miss -MN Hot Mix for the Bid Price of $1,000.00, and the 1983 Heated Bituminous Mix Trailer to Larry Karg for the Bid Price of $485.00. This piece of Equipment was not scheduled for replacement in the 1995 Budget, therefore funding will be made possible in the following manner: Sale of 1955 International Oil -Dist. Truck ........... $ 1,000.00 Sale of 1983 Heated Bituminous Mix Trailer ........... $ 485.00 Street Department Budget Line 4530 ... ........ ......$10,500.00 (Deleting all items approved in the 1995 Budget under Capital Outlay,) Motor Pool ...................... ...................$ 9,597.22 (Dollars set -aside for the replacement of the international Oil -Dist. Truck.) TOTAL: $21,582.22 * *See attached Memo from Street Department Supervisor outlining several of the reasons for requesting the replacement of the old Units at this time. PAGE #2 OPTION #2 - CONTINUED Less Trade -In of 1983 Heated Bituminous Mix Trailer. Trade -In: $ 200.00 Less Trade -In of 1955 International Oil -Dist. Truck. Trade -In: $ 500.00 NET BID: $20,882.22 Mid -MN Hot Mix Inc. Annandale, MN 55302 OPTION #1 NO BID J.OPTION #2- NO SID ( OPTION #3 Cash Bid on 1955 International Oil -Dist. Truck. -" CASH BID: $ 11000.00 ',tarry Karg x;''22243 - 200th Street ,451'�HUtChinson, MN 55350 ") OPTION #1 NO BID OPTION #2 NO BID OPTION #3 Cash Bid on 1983 Heated Bituminous Mix Trailer. CASH BID: $ 485.00 After reviewing the results of the Bid Proposal, I am recommending that the City if Hutchinson enter into a contract with Stepp Manufacturing, 12325 River Road, North Branch, MN 55056, to supply one (1) New 1995 Model Heated Asphalt Trailer to the City of Hutchinson for $20,265.00 plus tax of $1,317.22 for a Total Bid Price of $21,582.22. I'm also recommending that we sell the 1955 International Oil -Dist. Truck to Miss -MN Hot Mix for the Bid Price of $1,000.00, and the 1983 Heated Bituminous Mix Trailer to Larry Karg for the Bid Price of $485.00. This piece of Equipment was not scheduled for replacement in the 1995 Budget, therefore funding will be made possible in the following manner: Sale of 1955 International Oil -Dist. Truck ........... $ 1,000.00 Sale of 1983 Heated Bituminous Mix Trailer ........... $ 485.00 Street Department Budget Line 4530 ... ........ ......$10,500.00 (Deleting all items approved in the 1995 Budget under Capital Outlay,) Motor Pool ...................... ...................$ 9,597.22 (Dollars set -aside for the replacement of the international Oil -Dist. Truck.) TOTAL: $21,582.22 * *See attached Memo from Street Department Supervisor outlining several of the reasons for requesting the replacement of the old Units at this time. C Tot John Rodeberg - Director of engineering /Public Works !rots: Larry Karg - Street Supervisor Subjects VOUCKA92 or UM BLACKTOP etA ?BR TRAILBA betat lebruary 6, 1995 %a 'rho following are a list of value added features that this unit will provide. 1. The ability to hold and store blacktop over night - the old unit in not capable to do this. 4,.. The ability to spray liquid took material on a patch for better patch performance the old unit Cannot perform this function. �rt7: The new unit is insulated - the old unit is not. 4. The new unit does not require the operators to crawl into the hopper to empty it. S. tstreet h n spray a l eliminate the need for at second departmentveicesnd tackoilsprayer trailer to follow the operation. This will effectively reduce the number of employees needed for the patching operation from four to possibly three or.less. 4, The new unit is totally heated electrically - the safest on the be left market. our present unit uses LP gas and cannot unattended. it has burned the hair off of our arms and hands when gas At times burners malfunctioned because of wind or other problems. 7. We are losing our local source for blacktop. This unit will allow us to transport blacktop the day before and keep it over night or keep it '• worm while traveling the over 35 miles one wey that we have to go for for the heating of material material. our present unit does not allow while it is in motion. S. The present unit is failing in two locations - the floor is buckling and the oil tank is leaking and in need of repair. 9. We will no longer have to drive five miles from our present facility location to a station that supplies us with LP gas saving the lifting of the loo pound cylinders on and off the old trailer. We will be able to fill at our new fueling site. Throe man hours per week will be saved just in fueling time. City Center CI I Haman Street SE I utchinson. MN 55350.2521 (612) 587.5151 Pax(612)234 -4240 Pork; & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 rdx (612) 234-4240 - MMted m ncrcled lxq,er - ratice Sen-ices 10 Franklin Street SW Hutchinson, MN 55150 -2464 (612)587.2242 rax (6 12) 587 -6.127 q -c, Allowing our department to purchase this piecb of equipment will be fulfilling our objective in requiring every piece of equipment to be as efficient and safe as possible. please call me if you have questions. Larry Karg street supervisor 0 C DATE: March 23, 1995 CONSIDERATION TO REZONE • ►I_ .. / . . LOCATED ON • ' a_ HIGH DRIVE W. FROM R-3 TO RA FOR CONSTRUCTION OF APARTMEN BUILDINGS REQUESTED BY RALPH SCHMITZ. JAMES DEVELOPMENT .0 Pursuant to Section 6.05, 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 February 24, 1995, Mr. Ralph Schmitz, James Development Corporation, submitted a request . to rezone property from R -3 (Medium - High Density Residential District) to R-4 (High Density Residential District) located on North High Drive W. for construction of apartment buildings. A hearing was held at a regular meeting of the Planning Commission on Tuesday, March 21, 1995, there were no neighboring property owners objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, March 9, 1995. 3. It was the consensus of the Planning Commission that the request be approved. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be approved base on the findings set forth above . City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Respectfully submitted _ Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primeda recycledpaper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 A .0 F .A Tn PE RIZONED 1.1-3 to n_,4 MAP LC NOW K•OENr R -2 R -3 I I I + it t S ♦ �x a a ] y 6 '+1 FIFTH AVENUE AN • L O '` AN 1 I 's4P7Nl[EST nyINf F• • s '_,F e • I +s F [ j,3 j it1f�C eons y Y..M z I i ! � NORItr— ---- �7NV� - - - - -- _\ I z l+ws ♦r1 , a I) � � :p°s ♦ Pd 16.. 1 +i IEVENTH t AVENUE i — I TENTH I AVENUE I 1 � I.I MINTH i AVENUE t PARK � Wo� ' ! NORTHWOODS AVENUE T.♦ 1 — T-- '-- T---- ,- -+.r_- -�I- -:rte it • .. ° �_•� � i..Y Z ! �1001. �] GRIFFIN ' I I p - � 4�_.�_l • ..AVENUE }r e i !I _ 1 x • I 1 ! f t ! •' , • L a a COLLEGE AVENUE 1 x 1 E i • [ • 3 —]] Y •lam+ L - ! a a I a • .[ N4LEOO AVENUE �. AF all( I l • a °� �� tip _I a a Jy /may /R,' / / ��•� yAz . iii • ` � y �'�a,n to I• r I� TO: FROM: city DATE: March 23, 1995 "M t CONSIDERATION OF • ► 1• NAL USE PEMT REQUESTED _: R• RIVER SPECIAL EDUCATION COOPERATIVE TO CHANGE USE IN R-2 DISTRICI EROM CHURCH TO SCHOOL LCOATED AT BETHANY BAPTIST CHURCH. 800 GROVE ST 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 27, 1995, Peter Malmberg, Director of Special Education Services Crow River Cooperative, submitted an application for a conditional use permit to change the use from church to school located at Bethany Baptist Church, 800 Grove St. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, March 21, 1995, 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 9, 1995. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted based on the findings set forth above subject to the conditional use permit be reviewed in 2 years if the school were to continue at the same location. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Resppcsu bmii /� Clint Gruen, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Far(612)234 -4240 - Primed m npded paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 LINDEN i 1 I... 0 0 AVENUE BASTIST CHURCH 1, Q f .I 1 \•If•I «IIIIY < N• M,MrtJ 01 m LOTS O 20, .BLOC + ^a•, .. •.La•„ „.•,�f.I „, .n.I .,wl cr '• ^ li ni•n e�n,r `• I, • I, (.b 234.00 I� O ..... . I I, p••• II I q 1, It I, u �f 1•„ P•I I I noun ry° N2] c BOUNDARY AND TOPOGRAPHIC SURVEY FOR AVENUE BASTIST CHURCH f 1 \•If•I «IIIIY < N• M,MrtJ 01 m LOTS I, 2, 19 AND 20, .BLOC + ^a•, .. •.La•„ „.•,�f.I „, .n.I .,wl nN(,rpennrG un ni•n e�n,r � •• "••" ` ^^ <I• ., •.. . ^e �...• �,.snn ; (.b 234.00 .. ..... . I q — •° �f ~ BUILDING y ... �k. �.. • w r w — — 25 I lz C - q GRqv PgRKIP ;..... q' DR/�E- _.. W -23dbC EEO � . .. !IOUSE I no ego I II I d n BOUNDARY AND TOPOGRAPHIC SURVEY FOR BETHANY BASTIST CHURCH 1 \•If•I «IIIIY < N• M,MrtJ 01 m LOTS I, 2, 19 AND 20, .BLOC + ^a•, .. •.La•„ „.•,�f.I „, .n.I .,wl nN(,rpennrG un ni•n e�n,r � •• "••" ` ^^ <I• ., •.. . ^e �...• �,.snn s 600 r RESOLUTION NO. 10418 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO CHANGE LAND USE FROM CHURCH TO SCHOOL IN R -2 DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Peter Malmberg, Director of Special Education Services, Crow River Cooperative has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to change use from church to school in R -2 district located at Bethany Baptist Church, 800 Grove St., with the following legal description: LEGAL DESCRIPTION: Lots 1, 2, 19 and 20 Block I Anderson Subdivision South %: 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to Planning Commission review in two years if the school is to continue in the same location. Adopted by the City Council this 28th day of March, 1995. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 94-1 TO FROM SUBJECT: N • MR NsTTFM1V F! L, L DATE: March 24, 1995 Pursuant to Section 6.04, 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 March 1, 1995, Tom Harper, Erickson Oil Products, submitted an application for a variance to reduce setback requirement of driveway located at Freedom, 1114th Ave. N.E. A hearing was held at the regular meeting of the Planning Commission on Tuesday, March 21, 1995, at which time 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 , 1995 . RECOMMENDATION It is the recommendation of the Planning Commission that the variance be approved based on the findings set forth above. City Center 111 Hassan Street SE utchinson MN 55350 -2522 (612) 587.5151 Fax(612)234 -4240 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks do Recreation 900 Harrington Street SW Hutchinson. MN 55350 -3097 (611) 587 -2975 Fax(612)234 -4240 - Printed m recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 �� ' Fax (612) 587 -6427 i 1 3 f ._J 1 1 1. t- T a A i TM Y f ` f _ M ! 1 �f y 4- L r 1 1 i 1 3 f ._J 1 1 1. t- T a A i TM Y f ` f _ M Pi V� ) tw fTY.a ! 1 �f L 1 2 i + r ��LLt Y i I [F c tTS�iT£c�r r `f Pi V� ) tw fTY.a RESOLUTION NO. 10419 RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE TO REDUCE SET BACK REQUIREMENT OF DRIVEWAY LOCATED AT FREEDOM, 114TH AVE. N.W. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Tom Harper, Erickson Oil Products, has applied for a variance from Section 6.04 of Zoning Ordinance No. 464 for the reduction of driveway set back located at 11 - 4th Ave. N.W. the following legal description: Legal Description: Lot 8, Block 13 N'' /2 City Also South 200' Lot 10 and South 200'W '/2 Lot 11, Block 13, N'' /� City 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance 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. Adopted by the City Council this 28th day of March, 1995. Gary D. Plotz, City Adm. 0 Marlin D. Torgerson, Mayor q, C FROM: SUBJECT: DATE: March 24, 1995 Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a prelirmnary plat. HISTORY On , February 28, 1995, Mr. Dave Smith, Great Plains Supply, submitted a preliminary plat of GREAT PLAINS FIRST ADDITION. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, March 21, 1995, at which time there were no neighboring property owners objecting to the request. FINDINGS OF FACT 1. The requited 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, March 9, 1995. 3. Director of Engineering, John Rodeberg, will submit certification that the proposed preliminary plat meets all the requirements of the Subdivision Ordinance as per Preliminary Plat Data. It is the recommendation of the Planning Commission that the aforementioned preliminary plat be approved as submitted subject to the attached staff recommendations. City Center 111 Hassan Street SE 4tulchinson, MN 55350 -2512 (612) 587.5151 Fax(612)234 -4240 Respectfully submitted, Clmt Gruett, Chairman Hutchinson Planning Commission Parks do Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed m recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350.2464 (6121587-2242 587-6 Fax (672) 587 -6427 C MEMORANDUM DATE: March 9, 1995 TO: Hutchinson Planning Commission FROM: Planning Staff - J. Rodeberg, J. Marka, M. Hensen, J. Webster, B. Ewing and B. Anderson SUBJECT: CONSIDERATION OF PRELI IINARY PLAT KNOWN AS "GREAT PLAINS FIRST ADDITION" LOCATED ALONG LAKEWOOD DRIVE, 8TH AVE. S.W. AND ROBERTS RD. The Planning Staff recommends approval of the request subject to the following: 1. $800.00 electrical service fee 2. SAC and WAC fees 3. Rounded radii required on all street comers. 4. Lot 5, Block 1 is a comer lot. The minimum lot width required is 110'. 5. The rear setback requirement on comer lots is 15'. 6. Legal Description - The beginning reference point for the legal description is not shown on the plat. Also, the description refers to a "Point A" which also must be shown. 7. Parkland contribution to be negotiated with the Park Board. 8. Fire Marshall shall review the hydrant location(s). 9. All minimum floor elevations are to be shown. 10. The 100 year pond elevation is to be added to the plat. 11. The N/S street is to be named Roberts Street Southwest and shall be shown on the final plat. cc: DawSmith, Great Plains Supply Bruce Naustdal City Center 11I Hassan Street SE Hutchinson, MN 55350.2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (612) 587 -2975 Far(612)234 -4240 - Pruwd m recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2 (612) 587 -2242 G Fax (611) 587 -6427 Ll 0 RESOLUTION NO. 10420 RESOLUTION GIVING APPROVAL OF PRELIMINARY KNOWN AS " GREAT PLAINS FIRST ADDITION" SUBMITTED BY DAVE SMITH AND BRUCE NAUSTDAL WHEREAS, Dave Smith and Bruce Naustdal, have submitted an application for approval of a preliminary plat to be known as GREAT PLAINS FIRST 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 land in McLeod county, to -wit; Legal Description: That part of the South Half of Section 2, Township 116 North, Range 30 West, McLeod County, Minnesota described as follows: Commencing at the southeast corner of said Section 2; thence North 89 degrees 28 minutes 26 seconds West, assumed bearing along the south line of the Southeast Quarter of said Section 2, a distance of 1972.18 feet; thence North 00 degrees 04 minutes 26 seconds West 1328.81 feet; thence North 89 degrees 28 minutes 26 seconds West 899.21 feet; thence North 74 degrees 15 minutes 01 second West 331.88 feet to the east line of Roberts Road, the point of beginning of the tract to be described; thence reversing South 74 degrees 15 minutes 01 seconds East 130.59 feet; thence South 10 degrees 18 minutes 40 seconds West 39.60 feet; thence South 00 degrees 31 minutes 34 seconds West 544.00 feet; thence North 89 degrees 28 minutes 26 seconds West 130.00 feet to a point on the east line of said Roberts Road hereinafter designated as POINT A; thence North 00 degrees 31 minutes 34 seconds East 532.02 feet along the east line of said Roberts Road; thence northeasterly 46.11 feet along the east line of said Roberts Road and along a tangential curve concave to the east having a central angle of 09 degrees 47 minutes 06 seconds and a radius of 270.00 feet; thence North 10 degrees 18 minutes 40 seconds East, tangent to last described curve and along the east line of said Roberts Road, a distance of 40.00 feet to the point of beginning. AND ALSO: Beginning at the point hereinbefore designated as POINT A; thence South 00 degrees 31 minutes 34 seconds West 130.00 feet along the southerly extension of the east line of said Roberts Road; thence North 89 degrees 28 minutes 26 seconds West 268.06 feet; thence North 56 degrees 16 minutes 49 seconds West 191.18 feet; thence South 33 degrees 43 minutes 1 I seconds West 92.76 feet; thence South 23 degrees 16 minutes 51 seconds West 378.47 feet; thence South 45 degrees 15 minutes 18 seconds J West 205.24 feet; thence North 44 degrees 44 minutes 42 seconds West 130.00 feet to the easterly line of Lakewood Drive; thence North 45 degrees 15 minutes 18 seconds East 180.00 feet along the easterly line of said Lakewood Drive; thence North 23 degrees 16 minutes 51 seconds East 365.10 feet along the easterly line of said Lakewood Drive; thence north 33 degrees 43 minutes 11 seconds East 234.63 feet along the easterly line of said Lakewood Drive to the southerly line of 8th Avenue Southwest; thence South 56 degrees 16 minutes 49 seconds East 182.59 feet along the southerly line of said 8th Avenue Southwest; thence easterly 194.08 feet along the southerly line of said 8th Avenue Southwest and along a tangential curve concave to the north having a central angle of 33 degrees 11 minutes 37 seconds and a radius of 335.00 feet; thence south 89 degrees 28 minutes 26 seconds East, tangent to last described curve and along the southerly line of said 8th Avenue Southwest, a distance of 129.47 feet to the point of beginning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said preliminary plat of GREAT PLAINS FIRST ADDITION is hereby approved and accepted subject to the attached staff recommendations, by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota. BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 28th day of March, 1995. ATTEST: Gary D. Plotz, City Administrator 0 Marlin Torgerson Mayor C MEMORANDUM DATE: March 9, 1995 TO: Hutchinson Planning Commission FROM: Planning Staff - J. Rodeberg, J. Marka, M. Hensen, J. Webster, B. Ewing and B. Anderson SUBJECT: CONSIDERATION OF PRELIMINARY PLAT KNOWN AS "GREAT PLAINS FIRST ADDITION" LOCATED ALONG LAKEWOOD DRIVE, 8TH AVE. S.W. AND ROBERTS RD. The Planning Staff recommends approval of the request subject to the following: 1. $800.00 electrical service fee 2. SAC and WAC fees 3. Rounded radii required on all street comers. 4. Lot 5, Block 1 is a comer lot. The minimum lot width required is 110'. 5. The rear setback requirement on corner lots is 15'. 6. Legal Description - The beginning reference point for the legal description is not shown on the plat. Also, the description refers to a "Point A" which also must be shown. 7. Parkland contribution to be negotiated with the Park Board. 8. Fire Marshall shall review the hydrant location(s). 9. All minimum floor elevations are to be shown. 10. The 100 year pond elevation is to be added to the plat. 11. The N/S street is to be named Roberts Street Southwest and shall be shown on the final plat. cc: DaveSmith, Great Plains Supply Bruce Naustdal City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed an recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 C DATE: March 24, 1995 FROM: Hutchinson ' <!! 1' Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERNUT REQUESTED BY ROGER STEARNS. STEARNSWOOD INC. TO ROTATE BUILDING 90 DEGREES AND NML Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On February 28, 1995, Roger Steams, Stearnswood Inc., submitted an application for a conditional use permit to rotate a building 90 degrees off of the rail road right -of -way and construct a 40'x 128' pole type building located at 320- 3rd Ave. N.W. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, March 21, 1995, 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 Lead on Thursday, March 9, 1995. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted based on the findings set forth above subject to the staff recommendations as attached. City Center III Hassan Street SE Quichinson. MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Re.pe ctfully submitted, lt G ett, C�yn Hutchinson Planning Commission Parks A Recreation 909 Harrington Street SW Hutchinson, MN 55350.3097 (612) 587 -1975 Far(612)234 -4240 - Pr ed m recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -1464 (612) 587 -2242 1 Fax (612) 587 -6427 C MEMORANDUM DATE: March 9, 1995 TO: Hutchinson Planning Commission FROM: Planning Staff - J. Rodeberg, J. Marka, M. Hensen, J. Webster, B. Ewing and B. Anderson SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO ROTATE ONE 32' X 64' STRUCTURE 90 DEGREES AND CONSTRUCT AT 40' X 128' POLE TYPE WAREHOUSE LOCATED AT STEARNSWOOD INC. 320 - 3RD AVE. N.W. . The Planning Staff recommends approval of the request subject to the following requirements: I. No parking allowed on boulevard 2. Maintain 4V between buildings 3. On -site parking required, show on site plan 4. Verify elevation 5. Provide complete professional survey of site. NOTE: Show setbacks, parking, buildings, etc. 6. Show loading berth 7. Recommend buffering between park and site cc: Roger Stearns, Stearnswood Inc. City Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350.2464 (612) 587 -5151 (612) 587 -2975 (612) 587.2242 Fax(612)234 -4240 Fax(612)234 -4240 7_1q, Fax(612)597 -6427 ' - Printed m r"kd pgper - RESOLUTION NO. 10421 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ROTATE A BUILDING 90 DEGREES OFF OF RAILROAD RIGHT OF WAY AND CONSTRUCT A 40'X 128' BUILDING LOCATED AT STEARNSWOOD INC., 320 - 3RD AVE. NW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Roger Steams, Steamswood Inc., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to rotate a building 90 degrees off of railroad right of way and construct a 40'x 128' pole type buildingwith the following legal description: LEGAL DESCRIPTION: All that part of Blocks 26 and 27, Townsite of Hutchinson, North Half, McLeod County, Minnesota, together Mth the vacated alleys in said Blocks, that lies Northerly of a line drawn parallel with and distant 50 feet Northwesterly, as measured at right angles, from the center line of the main track of the Minneapolis Industrial Railway Company, as said track is now located and established together with all right, title, and interest in and to that part of Hassan Street (now Greenleaf Street) which lies between and abuts said Blocks 26 and 27 and that lies Northerly of said line drawn parallel with and normally distant 50 feet Northwesterly of said main track center line. Also: All that part of the vacated portion of Fourth Street (now Third Avenue North) that abuts the North line of said Block 27, being the sidewalk adjacent to said North line. MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Northeast comer of Block 27, Townsite of Hutchinson, North Half, McLeod County, Minnesota; thence on an assumed bearing of South 0 degrees 00 minutes East along the East line of Block 27, a distance of 149.52 feet to a point on the Northerly Right of Way line of the Minneapolis Industrial Railway Company (now known as the Dakota Rail); thence South 79 degrees 04 minutes West along said Northerly Right of Way line, a distance of 558.64 feet; thence North 0 degrees 00 minutes East, a distance of 255.48 feet to a point on the North line of Block 26; thence North 90 degrees 00 minutes East along said North line, a distance of 218.5 feet; thence North 0 degrees 00 minutes East, a distance of 10.00 feet; thence North 90 degrees 00 minutes East, a distance of 330.0 feet; thence South 0 degrees 00 minutes East, a distance of 10.00 feet to the point of beginning. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of . properties in the surrounding area and the effect of the use on the Comprehensive Plan. 9 -�f Resolution # Conditional Use Permit Stearnswood, Inc. 0 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to the attached staff recommendations. Adopted by the City Council this 28th day of March, 1995. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor C, MEMORANDUM DATE: March 9, 1995 TO: Hutchinson Planning Commission FROM: Planning Staff - J. Rodeberg, J. Marka, M. Hensen, J. Webster, B. Ewing and B. Anderson SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO ROTATE ONE 32' X 64' STRUCTURE 90 DEGREES AND CONSTRUCT AT 40' X 128' POLE TYPE WAREHOUSE LOCATED AT STEARNSWOOD INC. 320 - 3RD AVE. N.W. The Planning Staff recommends approval of the request subject to the following requirements: 1. No parking allowed on boulevard 2. Maintain 40' between buildings 3. On -site parking required, show on site plan 4. Verify elevation 5. Provide complete professional survey of site. NOTE: Show setbacks, parking, buildings, etc. 6. Show loading berth 7. Recommend buffering between park and site cc: Roger Steams, Stearnswood Inc. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234.4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on recycled paper - is Police Services • 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 ' C MEMORANDUM DATE: March 24, 1995 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF RESOLUTION CHANGING STREET NAME ON ROBERTS ROAD The Planning Commission recommends approval of changing the name of Roberts Road to Roberts Street S.W. for the north/south protion of the street beginning at the Roberts Park entrance. The east/west protion would remain Roberts Road S.W. This change would not take place until July 1, 1995, to give residents more time to make changes required. City Center I II Hassan Street SE Olutchinsopt MN 55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks do Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Far(612)234-4240 - Printed on recycled paper Ponce Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 C M E M O R A N D U M February 27, 1995 TO: Planning Staff FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Proposed Name Changes for Roberts Road Based on our two meetings with residents of Roberts Road, and discussion with staff and members of the Planning Commission, the recommendation that was discussed was to make the following changes: Change the name of Roberts Road to Roberts Street SW for the north -south running road (parallel to Lakewood Drive). The name would officially change at the Roberts Park entrance and will be clearly marked. Leave the name of the east -west portion of Roberts Road as is. 2. Notify all residents of the impending name change immediately, but make it official as of July 1, 1995. This would allow residents more time to make changes. It would also extend the 1 year period in which the Post Office will forward mail. This will give people over 18 months to fully adapt to the proposed change. Although we think that it would be clearer for most purposes to change the name of the street completely in one area or the other, this recommendation will limit confusion with existing residents, create the least hardship and fnutrabon, conform with the City street name policy (regarding avenues and streets), and clarify the routes for use on the Enhanced 911 Emergency Service system. cc: Gary Plotz, City Administrator Jim Marka, Building Official Brenda Ewing, Planning Coordinator Steve Madson, Police Chief fik: Roberts Road City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612)587 -2975 Fax(612)234 -4240 - Printed an recycled paper - Police Se.- 10 Franklin Hutchinson, MN (612) 587 - Far(612) M 1 RESOLUTION NO. 10422 RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME FOR ROBERTS ROAD WHEREAS, the City of Hutchinson is requesting a change of street name on Roberts Road in order to facilitate Emergency Management services, and; WHEREAS, the street is recorded as Roberts Road. BE IT FURTHER RESOLVED, the street names shall be changed as follows: Change the name of Roberts Road to Roberts Street S.W. for the north -south running road (parallel to Lakewood Drive). The name would officially change at the Roberts Park entrance and will be clearly marked. Leave the name of the east -west portion of Roberts Road as is. 0 Notify all residents of the impending name change immediately, but make it official as of July 1, 1995. This would allow residents more time to make changes required. It would also extend the one year period in which the Post Office will forward mail. This will give residents over 18 months to fully adapt to the proposed change. Adopted by the City Council this 28th day of March, 1995. ATTEST: Gary D. Pk,tz City Administrator 0 Marlin D. Torgerson Mayor ��T N MEMORANDUM DATE: March 24, 1995 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF ADDING SECTION 10.15 "HUTCHINSON ADDRESSES" TO THE CITY CODE The Planning Commission recommends approval of the code addition and requests to review the ordinance in November, 1995. 0 0City Center I l Hassan Street SE tchinson, MN 55350 -2521 (612) 587 -5151 Far(612)234 -4240 Parks h Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (612) 587 -2975 Fax(612)234 -4240 �J - Primed oo recycled pope, . Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Far (612) 587 -6427 ORDINANCE NO.°?L��-f 2ND SERIES PUBLICATIOON NO. AN ORDINANCE OF THE CITY OF HUTCHINSON� KINNESOTA, ADDING SECTION 10.15 "HUTCHINSON ADDRESSES" AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 wHICH, AMONG OTHER THINGSr CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS; Section 1. City Code, Sec. 10.15 shall read as follows; SECTION 10.15 H- UTCHITISON ADDRESSES Subd. 1 Ds! nitione. All rights of way running generally in a northerly or southerly direction shall be identified as street# while all rights of way running generally in a easterly or westerly direction shall be identified as avenues Cul de sacs shall be identified as courts or circles. m 8. Subd. 2. Administration. The zoning administrator shall be responsible for addressing buildings and identifying streets. The administrator shall consult with the Chief of Police, the City Engineer and the United States Postmaster assigned to the Hutchinson district in the process of addressing buildings and ;a + <P..;. cfrsaarr_ Anv chanae in existing street names; owner using four of Hutchinson. Subd. 3. Pro art OeFner Rep22nsi i ity. shall number each structure located on numbers which contras w`i the background and inches in height and displayed in such a fashioi The property the property are at least L so as to be Section 2, 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 repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. q— ✓' Adopted by the City Council this day of 1995. Marlin Torgerson, Mayor , Attest: Gary D. plotz, C ty Administrator Published in the Hutchinson Leader First reading: Second reading: E 0 C MEMORANDUM DATE: March 24, 1995 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OR JOINT RESOLUTION TO FORM JOINT PLANNING BOARD The Planning Commission recommends approval of moving forward with the resolution to form a Joint Planning Board- 40 City Center 111 Hassan Street SE rtutchinson, MN 55350.2522 (612) 587 -5151 Fax (611) 234 -4240 Pants Si Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Far(612)234 -4240 - Pnued an nryCfed paper Police Services 10 Franklin Street SW Hutchinson, MN 55350.2464 -2 Fax (612 ) 5 87-642 7 JOINT RESOLUTION OF THE CITY OF HUTCHINSON, THE COUNTY OF McLEOD, THE TOWNSHIP OF ACOMA, THE TOWNSHIP OF HUTCHINSON, THE TOWNSHIP OF HASSAN VALLEY, AND THE TOWNSHIP OF LYNN AS TO THE ESTABLISHMENT OF A JOINT PLANNING BOARD This joint resolution of the City of Hutchinson, the County of McLeod, Acoma Township, Hutchinson Township, Hassan Valley Township and Lynn Township is made and entered into this Day of April, 1995, by the Hutchinson City Council, the McLeod County Board of Commissioners, the Acoma Town Board, the Hutchinson Town Board, the Hassan Valley Town Board, and the Lynn Town Board. WHEREAS, the Minnesota Statutes Section 462.3585 allows for the establishment of a joint planning board; and 2. WHEREAS, the City of Hutchinson, the County of McLeod, the Township of Aroma, the Township of Hutchinson, the Township of Hassan Valley, and the Township of Lynn desire to enter into an agreement allowing for the establishment of a joint planning board; 3. The parties hereto desire to reduce their agreement to writing; NOW THEREFORE BE IT RESOLVED BY THE HUTCHINSON CITY COUNCIL, THE McLEOD COUNTY BOARD OF COMMISSIONERS, THE ACOMA TOWNSHIP BOARD OF SUPERVISORS, THE HUTCHINSON TOWNSHIP BOARD OF SUPERVISORS, THE HASSAN VALLEY TOWNSHIP BOARD OF SUPERVISORS, AND THE LYNN TOWNSHIP BOARD OF SUPERVISORS, AS FOLLOWS: 1. Property Involved. The property which is the subject of this joint resolution to establish a joint planning board shall be known as the urban boundary district of the City of Hutchinson and is identified on the attached Urban Boundary District Map. See Attachment A 2. The joint planning board shall have one member from each city, county and town, and the members shall be appointed from the governing bodies of the City, the County, and the Townships. 3. The board shall serve as the governing body and board of appeals and adjustments for purposes of sections 462351 to 462.364 of the Minnesota Statutes within the urban boundary district. The board shall have all of the powers contained in sections 462.351 to 462.364 and shall have authority to adopt and enforce the uniform fire code promulgated pursuant to section 299F.011. 4. The City of Hutchinson shall provide staff for the preparation and administration of land use controls unless otherwise agreed by the City, the County, and the Townships. 5. This agreement shall be in effect until June 30, 1996. The agreement shall be reviewed in June of 1996, prior to the date of expiration, and may be continued until June 30, 2000, at the discretion of the City, County, and Townships. i 9 -K 0 This resolution adopted by the Hutchinson City Council this day of 1995. BY: Attest: Marlin Torgerson Gary D. Plotz Mayor of Hutchinson City Administrator This resolution adopted by the McLeod County Board of Commissioners this day of 1995. By: Attest Raymond Bayer[ Joseph Culhane Chair County Administrator This resolution adopted by the Town of Acoma Board of Supervisors this day of '1995. By: Attest: Chair, Town Board of Supervisors Town Clerk This resolution adopted by the Town of Hutchinson Board of Supervisors this day of 1995. By: Attest: Chair, Town Board of Supervisors Town Clerk This resolution adopted by the Town of Hassan Valley Board of Supervisors this day of , 1995. By: Chair, Town Board of Supervisors Attest: Town Clerk This resolution adopted by the Town of Lynn Board of Supervisors this 1995. By: Chair, Town Board of Supervisors Attest: Town Clerk day of 0 11 • ORDINANCE NO. 95 -137 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 C -2 Automotive Service Commercial District (the street garage) and R -2 Multiple Family Residence District (for construction of Hutchinson Area Transportation Services Facility) to I -2 Heavy Industry District with the following legal description: Legal Description: Lot 2 of Auditors Plat of Section 7, Township 116 North, Range 29 West That part of the Northwest Quarter of Section 8, Township 116 North, Range 29 West of the 5th principal Meridian described as follows: Beginning at the intersection of the West line of said Northwest Quarter and the Southwesterly right -of -way line of State Highway No. 22; thence Southerly, along said West line to a point 100.00 feet Southwesterly of, as measured at a right angle to, said right -of -way line; thence Southeasterly, parallel with said right -of -way line to the intersection with the South line of said Northwest Quarter; thence Easterly, along said South line, to said right -of -way line; thence Northwesterly, along said right -of -way line, to the point of beginning. 7.09 acres more or less. Description as per Certificate of Title All that part of the Northwest Quarter of Section 8, Township 116 North, Range 29 West, McLeod County, Minnesota, described as follows: Beginning at a point on the West line of said Section 8, a distance of 432.2 feet due North (assumed bearing) of the Southwest comer of said Northwest Quarter, thence due North along said West line, a distance of 1332.65 feet; thence South 54 degrees 52 minutes East a distance of 2496,25 feet to a point of tangency with a curve, concave to the Southwest and having a radius of 5579.58 feet; thence Southeasterly, along said curve, to a point of the South line of said Northwest Quarter; thence South 89 degrees 22 minutes West, along said South line, a distance of 2035.86 feet; thence North 17 degrees 44 minutes West a distance of 123.6 feet; thence North 52 degrees 44 minutes West a distance of 262 feet; thence North 44 degrees 39 minutes West a distance of 213 feet to the point of beginning, containing 51.1 acres more or less. /c —q, Adopted by the City Council this 28th day of March, 1995. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 0 • • Pj ORDINANCE NO. 95 -138 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 -2 Multiple Family Residence to I/C Industrial/Commercial District with the following legal description: That portion of Lot 18 of Auditor's plat of the South Half of Section 6, Twp. 116, North of Range 29 West, except lands heretofore included in plats of record, lying Northerly of Trunk Highway No. 15, except the Northerly 132.00 feet thereof, according to the map or plat thereof on file and of record in the office of the Registrar of Deeds, Macleod County, Minnesota . Adopted by the City Council this 28th day of March, 1995. ATTEST: Gary D. Plotz City Administrator 1] Marlin Torgerson Mayor /0—A, �J ORDINANCE NO. 95-139 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 Fancily Residence to R4 Multiple Family Residence with the following legal description: Legal Description: That part of Lots 3, 4, 5 and 6, Block 16, North Half of Hutchinson, according to the plat thereof on file and of record in the office of the Register of Deeds, McLeod IC —f. County, Minnesota, and that part of the • Southwest Quarter of the Southwest Quarter of Section 32, Township 117 North, Range 29 West of the 5th Principle Meridian, described as follows: Beginning at the most Westerly corner of said Lot 3, thence Northeasterly along the Northwesterly line of said Lot 3 a distance of 220 feet; thence Southeasterly deflecting to right 90 degrees a distance of 383.27 feet to the Westerly right -of -way of the Minnesota Western Railway; thence Southerly deflecting to the right 54 degrees, 09 minutes along said right -of -way a distance of 24.28 feet to its intersection with the Northwesterly line of said Lot 6; thence Northwesterly deflecting to the left 140 degrees, 39 minutes along the Northwesterly line of said Lot 6 a distance of 52.70 feet to its intersection with a line 25 feet Southwesterly of measured radial to, and parallel with the center line of the tracks of the Minnesota Western Railway Company, known as the Hutchinson tile Spur, as said tracks are now located and constructed; thence Southeasterly along said parallel line 295.76 feet to its intersection with a line 35 feet • Northerly of measured radial to, and parallel with the center line of the tracks of the Minnesota Western Railway Company, known as IC —f. the Hutchinson Tile Spur, as said tracks are now located and constructed, thence Westerly along said parallel line 324.64 feet to its intersection with the Easterly line of said Lot 5; thence Northerly along said Easterly line a distance of 12.50 feet to a point distant 70.00 feet Northerly from the Southeast corner of said Lot 5; thence Westerly 238.04 feet to a point on the South line of said Lot 4 distant 225 feet Northwesterly from the Southeast corner of said Lot 5; thence Northwesterly along the South line of said Lots 3 and 4 a distance of 160.20 feet to the point of beginning. Subject to easements, restrictions and covenants of record, if any. Adopted by the City Council this 28th day of March, 1995. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator L 0 • • • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON" STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO ADMITTED IN TEXAS AND NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 567 -7575 FAX(612)587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON March 24, 1995 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 RE: Proposed Ordinance Our File No. 3188 -88001 M11! L_ OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 IS 12) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 3832214 FAX(612)389 -5506 Dear Gary: I am enclosing herewith for Council consideration the proposed ordinance changing the time of City Council meetings to 5:30 P.M. on the 2nd and 4th Tuesdays. If you have any questions regarding this matter, please do not hesitate to contact me. Thank you. Best regards. Very truly yours,_ f i` o G. Bar GBA /es P. L. L. P. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 10,A. ORDINANCE NO 95 -141 , 2ND SERIES PUBLICATION NO • AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNSTOTA, AMENDING SECTION 2.02 OF THE HUTCHINSON CITY CODE ENTITLED 'COUNCIL MEETINGS - TIME AND PLACE' CHANGING THE TIME OF COUNCIL MEETINGS TO S:30 O'CLOCR P.M. AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS Section 1. City Code Section 2.02 entitled "Council Meetings - Time and Place" is hereby amended as follows: SECTION 2.02 COUNCIL MEETINGS -TIME AND PLACE. Regular meetings of the Council shall be held in the Council Chambers on the 2nd and 4th Tuesdays of each month at x+339 5:30 o'clock P.M.. Unless otherwise stated in the notice of the meeting, special and adjourn meetings shall also be in the Council Chambers. In the event that any regular meeting falls on a holiday, then the meeting shall be rescheduled by the Council. No Council meeting shall be conducted after 6:00 o'clock P.M. on the day of a political party precinct caucus. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Indluding Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect commencing with City Council meetings in the month of May, 1995. Adopted by the City Council this day of March, 1995, Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator Published in the Hutchinson Leader First reading: Second reading: /o -A, • OPEN -HOLD COUNCIL REPORT Tue Mar 28 1995 15:03:32 Page 1 ------------ - --------------------------------- ------------------------------- --------------- --- 1982 TIDS • NATL CITY BANK OF MINNEAPOLIS TAX REPORTING $100.38 $100.38 1993 IMPRO.CON B WM MUELLER & SONS EST #12 FINAL $26,516.10 $26,518.10 CENTRAL GARAGE BRANDON TIRE CO TIRES $333.72 CHAMPION AUTO EXCHANGE $9.95 MEIER, DOUG TRAVEL EXPENSE $21.93 NESS _ STATIC CLNG $74.12 SHOPKO FILM $10.11 STEWARD ENTERPRISES SYNERGYN $178.39 WIGEN CHEVROLET CO REPLACE DOOR HINGE $12,820.07 MARCH SERVICE $800.00 $13,448.29 CITY HALL CONST. DJM PROF BUILDERS INC PARTITION WALL $2,700.00 $2,700.00 GENERAL FUND • ALLEN OFFICE PROD TAGBOARD $21.41 AM RISK SERVICES MARCH SERVICE $800.00 ASKEW, DELORES SUPPER REFUND $4.50 AUTOMATION SUPPLY CO TONER CARTRIDGES $416.41 BCA /TRAINING & DEVELOPMENT TRG REG- R.KIRCHOFF $325.00 BECKER ARENA PRODUCTS ALUM SUPPORT POSTS $202.88 BENNETT OFFICE SUP. SERVICE CONTRACT $10.00 BERNHAGEN ELECTRIC WIRE DISPLAY CASE $69.05 BIG BEAR WELDING RODS, HAMMER $24.12 BRANDON TIRE CO ROTATE TIRES $10.00 BRINKMAN STUDIO EKTACHROME FILM $12.19 BROWNS FLORAL FLOWERS -BECK $13.65 BUSINESSWARE SOLUTIONS 2 HP VL2 COMPUTERS, MO $4,272.22 CADD /ENGINEERING SUPPLY BLACK INK CARTRIDGE $88.33 CAMERA SHOP DEVELOPING $5.30 CASH WISE HATS MEETING $447.89 CELLULAR 2000 MARCH SERVICE $226.85 CENTURY LABS CLEANERS $238.70 CHRISTENSEN REPAIR SHARPEN BLADE $10.00 COAST TO COAST CLEANERS $127.61 COMM TRANSPORTATION VEHICLE REG FEES $120.00 COUNTRY KITCHEN PRISONER MEALS $22,78 CROW RIVER VET CLINIC BOARD & KENNEL FEES $513.80 DASCHER, DUANE SAFETY BOOTS $30.00 JEFF - 4 GAMES $72.00 •DEMING, DEPT NATURAL RESOURCES PERMITS PROJ 95 -02 $500.00 y OPEN -HOLD COUNCIL REPORT Tue Mar 28 1995 15:03:32 -------------------------------- DIRECT SAFETY CO .DYNAMED EGGERT, JOYCE EWERT JR., DICK FAMILY REXALL DRUG GAME TIME GLAESER, CHERYL GOPHER STAGE LIGHTING INC GREAT PLAINS SUPPLY GRINA, LISA HAARSTAD, EARL HENSEN, MARK HIAWATHA CLUB HILLYARD FLOOR CARE /HUTCHINSON HOME BAKERY INC HUTCH COMM HOSPITAL HUTCH FIRE & SAFETY HUTCH MEDICAL CENTER HUTCH PLBG & HTG CO HUTCH PUBLIC SCHOOLS HUTCH YOUTH BASKETBALL ASSN HUTCHINSON UTILITIES HUTCHINSON WHOLESALE HWY 7 COALITION INTOXIMETERS INC JACK'S UNIFORMS & EQUIPMENT JENSEN &, NEIL J. •JOHNSON, DOUG L. K MART KUSTOM SIGNALS INC LAMP, MARY LEAGUE OF MN CITIES LUNDAHLS MACK, MIKE MANKATO MOBILE RADIO MARKA, JAMES MATHIWG, BARB MCGARVEY COFFEE INC METRO ATHLETIC SUPPLY MIDWEST CABLEVISION MINNCOMM PAGING MN COMMERCE DEPARTMENT MN COUNTY ATTORNEYS ASSC MN DEPT OF HEALTH MPCA MR. MOVIES NADA APPRAISAL GUIDES NATL TACTICAL OFFICERS ASSC NO STATES SUPPLY INC OGREN, DOTTIE OLD LOG THEATRE PAULSEN, CURT •PAULSON, ADAIR PERFORMANCE COMPUTER FORMS EYE -LERT, MASKS TRAINING GUIDES SUPPER REFUND 5 HRS SNOW REMOVAL PHOTOS PAINT ICE SHOW PROPS 3 MAXON HEADSETS FIR LUMBER POST IT NOTES, TAPE SAFETY GLASSES MEETING EXPENSES SR. TOUR DEPOSIT ASSURANCE ROLLS, COOKIES 77 FLEX CLAIMS PROCESS 4 INSPECTIONS PHYSICAL - BRANDT TOILET RUNNING BROKEN ITEMS DURING VB BLDG RENT REIMBURSEMEN GAS & ELEC BULB DONATION 3 ALCO- SENSOR KITS, HOLDERS APRIL 1 PAYMENT SCHOOL EXPENSES VIDEO TAPES RADAR DASH MT FLOWER SHOW REFUND 4TH QTR GEN LIAB CHILI, SPAGHETTI 10 HOURS TOURNAMENT WO 42 HANDHELD RADIOS MEETING EXPENSES POSTAGE DUE COFFEE BASKETBALLS MARCH SERVICE MARCH SERVICE NOTARY FEE- M.SCHAUFLER REG- G.BRANDT PERMIT FEES PERMIT FEES RAND MCNALLY TITLE BOOK MEMBERSHIP RENEWAL BITS, WASHERS, ETC CHANHASSEN REFUND RESV- 4 -28 -95 SAFETY GLASSES ICE SHOW ANNOUNCING PAPER Page 2 $36.95 $817.40 $4.50 $210.00 $16.96 $26.07 $48.82 $161.99 $175.61 $4.05 $80.00 $25.26 $44.00 $199.81 $15.00 $590.35 $15.00 $110.00 $55.65 $64.00 $500.00 $12,844.56 $4.49 $3,588.00 $1,869.08 $490.02 $230.00 $146.88 $53.00 $62.40 $10.00 $57,418.27 $144.00 $45.00 $58,907.63 $30.33 $1.20 $170.70 $39.06 $4.08 $114.12 $40.00 $800.00 $150.00 $240.00 $1.40 $50.00 $100.00 $145.15 $35.00 $832.50 $80.00 $204.00 $190.70 OPEN -HOLD COUNCIL REPORT Tue Mar 28 1995 15:03:32 ---------------------------- PIONEER POLY PRODUCTS GARBAGE LINERS PITNEY BOWES INC NEW RATE PROMS PLOTZ, GARY D. MEETING LUNCH PLUMBING & HTG DOCTOR INSTALL HEATER QUADE ELECTRIC HUBBELL QUILL CORP BINDING SPIRALS RAMBOW INC. CITY JACKETS RIDER BENNETT EGAN & ARUNDEL PROF SERV -FEB SALLY DISTRIBUTORS KICKBALLS, INFLATABLE SCHMELING OIL CO FUEL OIL SCHNOBRICH, MARK CONFERENCE EXPENSES SCHULTE, JOE PARTIAL TOURNEY REFUNI SHARE CORP CLEANERS SHOPKO CANDY SHOUTZ, MARK SCHOOL EXPENSE SICKMANN, STEVEN BCA CLASS EXPENSES SIMMONS GUN SPECIALTIES SIGARMS P230 SMITH, LES & LUCILLE FLOWER SHOW REFUND SOUTHWESTERN TECH COLLEGE TRG REG- M.SHOUTZ ST. PETER TOURISM BUREAU TOURS- HISTORY CENTER, STAFFORD, TOM HOOK UP PRINTER STANDARD PRINTING RECEIPTS STANGE, TERRY OFFICIATE 2 GAMES TEPLY, TODD PERFORMANCE 3 -23 TOTAL MART DELUXE CAR WASH TWO WAY COMM INC LAMP ASSEMBLY UNITED BLDG CENTERS SHINGLES, PLYWOOD, ETC • UP & AWAY BALLOONS BALLOONS US CAVALRY KNEE & ELBOW CUSHIONS US POSTAL SERVICE SR. NEWSLETTER POSTAGE US TOY CO SPORT BALLS, POPS, ETC VIEYRE, ERIK 10 HOURS TOURNAMENT WO VIKING OFFICE PRODUCTS LABELS W. M. MONTGOMERY PROF SERV RADIO PROJEC WAAGE, RICHARD TRAVEL EXPENSES. WEDIN, CHUCK MINIBSKTBLL WIGEN CHEVROLET CO LUBRICANT XEROX CORP JAN RENTAL ZEE MEDICAL SERV TAPE, EYE WASH, PADS, LIQUOR STORE COLLINS BROTHERS INC ED PHILLIPS & SONS CO. ELECTRO WATCHMAN FRIENDLY BEVERAGE CO GRIGGS COOPER & CO HUTCH FIRE & SAFETY JOHNSON BROTHERS LIQUOR CO JORDON BEVERAGE INC. LEAGUE OF MN CITIES �i, LII /SPA INC UNDHOLM, LORI LIQ CHOCO LIQ PUR QRT CONTRACT CASE DEPOSITS WINE PUR MARCH YR CONT LIQ PUR MARCH BEER PURMARCH 4TH QTR GEN LIAB MISC PUR MARCH MARCH SERVICE Page 3 $791.30 $207.68 $105.43 $1,049.52 $136.00 $60.60 $798.00 $42.87 $145.82 $902.49 $69.03 $50.00 $335.58 $24.56 $4.31 $10.81 $347.40 $20.00 $33.00 $135.00 $56.00 $52.19 $36.00 $400.00 $150.00 $50.86 $1,826.64 $25.00 $99.80 $275.00 $35.74 $193.50 $106.48 $252.00 $328.63 $4.24 $10.20 $925.43 $29.98 $160,954.77 $78.00 $2,100.66 $246.02 $1,716.90 $2,178.93 $15.00 $3,582.51 $1,344.45 $632.68 $317.55 $42.60 OPEN -HOLD COUNCIL REPORT Tue Mar 28 1995 15:03:32 Page 4 --------------- — -------- — --- ------------------------------- --- — QUALITY WINE & SPIRITS CO. BEER PUR $1,165.00 VETERANS OF FOREIGN WARS ADV $52.50 $13,472.80 WATER /SEWER FUND ANALYTICAL PRODUCTS GROUP LAB WORK $233.00 CELLULAR 2000 MARCH CELL PHONE $,96 CHAMPION AUTO SUCTION GUN $8.51 CROW CHEMICAL CO STRIPPER, FINISH $49.68 CURTIN SCIENTIFIC CO TUBING $71.47 CURTIS 1000 ENVELOPES FOR BILLS $1,038.57 D.P.C.IND.INC CL2, SO2 $108.00 FIRST TRUST PAYING AGENT FEES $489.38 GOPHER STATE INC FEB SERVICE $14.00 GRAHAM, MARION CONFERENCE EXPENSES $47.55 HACH COMPANY LAB SUPPLIES $109.87 HILLYARD FLOOR CARE / HUTCHINSON DEOD BLACK $652.85 HUTCHINSON UTILITIES ELEC $466.51 IEQ INDUSTRIES LTD NOZZLE $826.25 JOHNSON, DOUGLAS MWOA MEETING $5.80 LAKES GAS CO. PROPANE $77.13 LANZ, JERRY SEMINAR EXPENSES $201.33 LEAGUE OF MN CITIES 4TH QTR GEN LIAB $7,898.37 MCNELLY GROUP FEB LEASE NATURTECH $5,325.00 MOTOR VEHICLE TAXES & LICENSES $826.25 NALCO CHEMICAL CO. NALCO FLOCCULANT $3,847.30 . NCL FILTERS $274.25 OLSEN, DIANE LOGIS MEETING $37.80 PLOWMANS 95 FORD RANGER PICKUP $13,259.25 R A K INDUSTRIES BROOM $128.38 RAMBOW INC. CITY JACKETS $462.00 RAYFO INC. DUMPSTER $828.75 RUST ENVIRONMENT PROF SERV - CHLORINATION $3,970.37 SANIFILL INC LOADS. FEE 27 -MARCH 3 $3,072.68 STANDARD PRINTING BOOKCASE $181.05 WELCOME NEIGHBOR FEB MAILING LIST $60.00 $44,572.31 io $261,766.65 WIRE TRANSFER PAYROLL FUND MN DEPT OF REVENUE WITHHOLDING TAXES 5,791.11 IMMEDIATE PAY COUNCIL REPORT Tue Mar 28 1995 --------------------------------------------- 1982 TIDS 0 NATL CITY BANK OF MINNEAPOLIS 1994 . IMPRO CONST COUNTY TREASURER CENTRAL GARAGE MACQUEEN EQUIP INC MOTOR VEHICLE SUPERIOR FORD INC GENERAL FUND DEPT NATURAL RESOURCES MACQUEEN EQUIP INC US POSTAL SERVICE LIQUOR STORE CITY OF HUTCHINSON •ED PHILLIPS & SONS CO. GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO. LENNEMAN BEVERAGE DIST. INC LOCHER BROS INC QUALITY WINE & SPIRITS CO. TRIPLE G DISTRIBUTING INC PAYROLL FUND AETNA VARIABLE LIFE ASS AMERICAN FAMILY INS CO. GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA- D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT interest 15:02:56 STATE DEED TAX ROD & G SWEEPER CLINIC EXCISE TAX & FEES 95 CROWN VIC DNR REG FEES REG- SWEEPER CLINIC RETURNS OF SURVEY PAYROLL 3 -17 MISC PUR WINE PUR FILLING ERROR CASE DEPOSITS BEER PUR BEER PUR COST OF MIX & SOFT DRI CO. EMPLOYEE CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYER CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYER CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYEE CONTRIB 3 -11 EMPLOYER CONTRIB 3 -11 Page 1 $21,457.15 $21,457.15 $57.75 $57.75 $60.00 $844.65 $17,217.00 $18,121.65 $1,726.25 $30.00 $1,056.10 $2,812.35 $5,288.38 $5,724.19 $2,571.81 $2,654.51 $4,564.35 $13,083.41 $4,259.11 $5,686.80 $43,832.56 $655.00 $89.16 $100.00 $147.57 $1,662.45 $124.50 $52.02 $155.00 $318.46 $13,262.50 $448.46 $150.00 $28,873.02 $46,038.14 $132,319.60 Hutchinson Safety Council Minutes - February 1995 The Hutchinson Safety Council met on Monday, February 27th, at the McLeod Countv Historical Society. Sixteen members were present. President Craig Johnson presided at the meeting. The secretary's minutes were approved. David Mueller from the Hutchinson Police Department provided the program. Tn April a program on bicycle safety will be presented in the schools to the 3rd, 4th and 5th grade students. A total of about 750 students will be involved. He also showed us two short videos that will be shown to the students: The videos emphasized: 1. Be Predictable, 2. Be visable, 3. Communicate. They also emphasized that bicycles should be in good repair with good brakes, handlebars properly adiusted, tires should be properly inflated, bicycles should be equipped with reflectors and a good headlight for nighttime use. Riders should wear bright colored clothing and reflective clothing at night. They should obev all traffic rules, use arm signals, ride in single file on the right side of the road, and use bike routes and bike lanes where avallaable. All riders should wear helmets. Every year 5,000 bicyclists are injured. Riders should be alert for the unexpected - cars pulling out of parking spaces and driveways unexpectedly, and the sudden opening of car doors. A bike rodeo will be held on May 6th at the Civic Arena from 10 A.M. to Noon. Bike helmets and bikes will be given away. Bikes will be inspected for safety, and dafety information will be available. It was suggested that the Safety Council contribute toward the rodeo. Our records will be checked to see if this is possible. A decision will be made at the March meeting. It was mentioned that the police garage has about 80 bikes that have been picked up and not claimed. Many are in very good condition. It was suggested that everyone be encouraged to lock their bikes. The next meeting will be on March 27th at noon. Craig Johnson plans to have the program on C.S. radios and how they can be used in emergency situations. Acting Secretary,,'j` Lucille Smith u FOR YOUR INFORMATION A bill for an act 1 relating to the city of Hutchinson; authorising the 3 city to impose certain salsa, liquor, and food taxes. { BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 5 Section 1. [CITY OF HUTCHINSON; SALES TAX.] 6 Subdivision [SALES TAX AUTHORIZED.] Notwithstanding an other contrar 7 Minnesota Statutes section 477A•016 or of law, ordinance or cit charter the city of g roviaion I sales tea of 9 Hutchinson ma b ordinance im as an additiona 10 UP, to one -half oL one [cent on sales transactions taxable 11 pursuant, to Minnesota Statutes cha ter 297A that occur wltnin 12 the city. 13 - Subd. 2. [EXCISE TAX.) Notwithstandin Minnesota Statutes 14 section 417A.016 or an other I'll nq c covislon of law b 15 ordinance or city charter, the City of Hutchinson ma vehicle 16 ordinance im se an exeial tas of u to 20 t Motor 17 as defined b ordinance rchased or a iced from an rson 1g en a ed within the sit in the business of sellin motor 19 vehicles at retail. 20 Subd. 3. [USE OF REVENUES -) Revenues received from taxes 21 authorised by subdivisions 1 and 2 shall be used by the ci tc 22 the cost of collecting the tax and to' 23 1 eliminate nevi ational hazards and threats to the 24 ublic safety located in the Crow R 1 ----6- gory Loss s, and . _.. 7 acts that are used b residents 5 undertake similar r0 8 of the area as well as b resident■ of the eit . g Subd. 4. (RSPERENDUM.1 It the Hutchinson cif .council It 18 11 shall conduct a rsferendum on the issue. The estion o[ 12 imposin the tax must be submitted to the voters at a eneral or 13 s cial election. The tax may not be i sed unless a ma orit 14 of votes cast on the 5LUOstion of 1 sin the tax is in the 15_ affirmative. The commissioner of revenue shall re re a 16 a ugg eitea form of uestion to be presented at the election. The 17 referendum must be held at a s cial ene or ral election [ore 18 Decembsr 1 1995. This subdivision a lie. notwithatandin an 19 cit charter on c y D . INORCSSNTS COLLECTION: AND AMINISTRATION OF 20 Subd5. 21 TAXES.I A sales tax 1 sed under this section must be reported 22 and 1d to the commissioner of revenue with the state sales 23 taxes and be sub ect to the same penalties. interest, and 24 enforcement orovisions. The Drocoods of the tax less refunds 25 and a r rtionate share of the cost of collection, shall be 26 remitted at least uarterl to the cif The commissioner shall 27 deduct from the coceeds remitted an amount that a 9416 the - 2e indirect statewide cost as well as the direct and indirect 29 ry to administer audit and collect the 30 tax. The amount deducted shall be deposited in the state 31 cenera_fund. 32 Subd 6 IFXFIRATION.1 The tax S sea under this section ex fires five Baca after it first becomes effective. 33 34 Sec. 2. (CITY OF HUTCHINSON; LIQUOR AND 11" TAX.1 35 SubdivI -t (LIQUOR AND FOOD TAX AOTHORILED.1 36 Notwithatandin0 Ninneaota Statutes section 471A 016 or any 2 _....complex . _ /03/07/95 _ 2 c l late a re ional s softball and other related • 2 r recreational t taeili • gory Loss s, and . _.. 7 acts that are used b residents 5 undertake similar r0 8 of the area as well as b resident■ of the eit . g Subd. 4. (RSPERENDUM.1 It the Hutchinson cif .council It 18 11 shall conduct a rsferendum on the issue. The estion o[ 12 imposin the tax must be submitted to the voters at a eneral or 13 s cial election. The tax may not be i sed unless a ma orit 14 of votes cast on the 5LUOstion of 1 sin the tax is in the 15_ affirmative. The commissioner of revenue shall re re a 16 a ugg eitea form of uestion to be presented at the election. The 17 referendum must be held at a s cial ene or ral election [ore 18 Decembsr 1 1995. This subdivision a lie. notwithatandin an 19 cit charter on c y D . INORCSSNTS COLLECTION: AND AMINISTRATION OF 20 Subd5. 21 TAXES.I A sales tax 1 sed under this section must be reported 22 and 1d to the commissioner of revenue with the state sales 23 taxes and be sub ect to the same penalties. interest, and 24 enforcement orovisions. The Drocoods of the tax less refunds 25 and a r rtionate share of the cost of collection, shall be 26 remitted at least uarterl to the cif The commissioner shall 27 deduct from the coceeds remitted an amount that a 9416 the - 2e indirect statewide cost as well as the direct and indirect 29 ry to administer audit and collect the 30 tax. The amount deducted shall be deposited in the state 31 cenera_fund. 32 Subd 6 IFXFIRATION.1 The tax S sea under this section ex fires five Baca after it first becomes effective. 33 34 Sec. 2. (CITY OF HUTCHINSON; LIQUOR AND 11" TAX.1 35 SubdivI -t (LIQUOR AND FOOD TAX AOTHORILED.1 36 Notwithatandin0 Ninneaota Statutes section 471A 016 or any 2 0 31 general fund. 32 Sec. 3. [LDCAL APPROVAL, EFFECTIVE DATE., 33 Sections 1 and 2 are effective the .day after co fiance wish Minnesota Statutes section 45.021, subdivision 3 by the 34 35 governing body of the city of_Hutchinson. 3 V 03/07/95 ,-....__,. / 1 ordinance sit charter or other rovision of law the cit of 2 Hutchinson ma by. ordinance im Be a sales tax Bu lemental to 3 th sales tax imposed in Minnesota Statutes cha ter 4 297A the roceeds of which shall ba used in accordance with 5 subdivision 2. The tax im sed b the cii ma be not more than 6 one rcent on the rose receipts fc01% all retail on -sales of 7 lntoxicatin 1S uor and fermented malt beverages sold at 8 licensed on -sale 11 uor establishments located within the city, 9 or not more than one rcent on the gross recei is from the 10 retail sale of food and bevera ea not subject to the liquor tax 11 by a restaurant or Place of refreshment located within the Cit 12 or both. or r sea of this section the cif shall define 13 the term "restaurant" and "place Of refreshment" by resolution. 14 Subd. 2. [USE OF PROCEEDS Of LIQUOR AND FOOD TAX.1 The 15 proceeds of an tax im se under subdivision 1 shall be used by 16 Che city to Pay expenses as determined by the city by 17 resolution including the expenses of ooerating or maintaining is the im rovements and a uisitions described in section-1 19 subdivision 3. 20 Subd. 3. [ENFgtCp.NENT. COLLECTION, AND ADNINISTRATION.j A 21 tax Se sed under this section shall be re rted an Paid to the 22 commissioner of revenue with the state sales and use taxes, and 23 be sub ecc to the sane nalties interest and enforcement 24 rovisions. The roceeds of the text less refunds and a 25 prop2rtionate,sharo of the costs of collection shall be 26 remitted at least uarterl to the city. The commissioner shall 27 deduct from the roceeds remitted an amount that uala the 28 indirect stateside costs as well as the direct and indirect 29 de rtment Coats necessar to administer audit and collect the 30 tax. The amount deducted shall be da sited 1n the state 0 31 general fund. 32 Sec. 3. [LDCAL APPROVAL, EFFECTIVE DATE., 33 Sections 1 and 2 are effective the .day after co fiance wish Minnesota Statutes section 45.021, subdivision 3 by the 34 35 governing body of the city of_Hutchinson. 3 V 11 • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. OOVE** RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO ADMITTED IN 'E% S IN. NEW 'ORN ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX(6121587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON March 21, 1995 Re: Junker Sanitary Services, Inc. Our File No. 3244 -92057 Dear Gary: . y OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 1612) 545 -9000 FAX (612) 545-1793 SOI SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 ( 6121389 -2214 X ( FA612) 389 -5506 FOR YOUR INFORMATION Although I believe you previously received a copy of it, I am enclosing an additional copy of Morgan Godfrey's letter of March 13, 1995 as well as an additional copy of the scheduling order. I would suggest that these documents be made available to the Council on a confidential basis, since disclosure is protected by attorney /client privilege so that the Council is fully advised on all developments with regard to this matter. It appears that if Junker makes any effort to contest this matter, counsel for the City is likely to recommend an aggressive effort to settle it. I would appreciate it if you would make a copy of my correspondence as well as the enclosures as a part of the next Council packet on a confidential basis. Thank you. Best regards. Very truly ARNOLD, G. Ba GBA:lm Enclosure • & DOVE, P.L.L.P. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION **CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION J M A F . -. A L L & A S S O C I A T E S, P.A. , _ . .... .. - -:I+ -.., r i '4.4iI; . 1.'1.. _ _ -, °0 • 802.8, y.;. a., March 13, 1995 ATMPNEVS: Mr. Barry Anderson Mr. Gary Plotz Hutchinson City Attorney City Administrator Joseph B. hr.nhnu 101 Park Place 111 Hassan Street SE Hutchinson, YIN 55350 Hutchinson, MN 55350 -2522 V.q. A. Godfrey Meta J. Jehl• RE: Junker Sanitary Service, Inc. v. City of Hutchinson Court File No. C9 -92 -24534 Richard M. S,hWU -- Our File No. 105219.002 Kelly A. Everhart Gentlemen: The purpose of this letter is to provide you with a status report on the above claim. Trial is currently scheduled for May 9, 1995. A settlement conference is scheduled for May P.4RALEGAIS: 3, 1995 at 9:15 a.m. at the McLeod County Courthouse, Glencoe. I will find out whether someone from the City need H be there in person. Attached is a copy of the Court's Scheduling Order. L.. K. H.b.pry , Debn J. Tuner BACKGROUND HISTORY C, Smwan Hoaglmd As you recall, this is the case in which Junker Sanitary Service, Inc. has brought several claims against the City in connection with alleged breaches of the parties' 1980 waste hauling agreement, and a claim that the City failed to adhere to the organized waste collection statute. CLAIM ANALYSIS The remaining claim is for alleged failure of the City to pay for hauling services from its waste treatment facility plants. The language of the contract favors the City on this claim. The contract provides for payment for waste hauling pick up at residential and commercial properties. However, paragraph 5 of the contract provides that waste accumulated by and on behalf of the City, such as that contained in park barrels, will be picked up with no additional charge. The waste at the treatment facilities is accumulated by the 'Admim,d in C"omia City. Junker may argue that the "no charge" provision m U'iacoosin relates to the pickup of barrels, rather than the containers located at the plants. However, there are several city- March 13, 1995 • Page 2 owned facilities where Junker picks up coL:ainers without charge. Therefore, the container versus barrel argument should fail. However, I recently became aware of certain facts which lead me to believe that Junker is likely to prevail on this claim in the end if he pursues it. Apparently the City did not uniformly require Junker to pick up the waste it generated without charge. For example, the City paid for waste hauling services at the city -owned hospital, rest home, the municipal liquor store, and its power company. At the same time, Junker picked up for free at the City Hall, city garage, civic arena, parks, and Police Department. Of greater importance, from 1980 to 1988 the city hauled its own waste from the waste treatment facilities located at Tartan. In 1988, the City created new facilities at Highway 22. The first facility was then turned into essentially a lift station. However, the City then decided to require Junker to pick up the materials at both waste treatment facilities for free. It can be argued with likely success that by hauling its own waste for the first 8 years, the • City modified the contract by its conduct to reflect that it would be responsible for pick up at the waste treatment facilities. In my last status report, I mentioned that we would seek to move to amend the answer to include affirmative defenses of modification, waiver, and res judicata. In light of above facts, the defenses of modification and waiver are questionable. In addition, after further research, the res judicata defense is not appropriate. Where there is a material breach of contract, a party can seek damages, past and prospective, on the whole contract. Alternatively, if the contract is devisable, that is, if the performance of various components of the contract can be split up, the party who claims breach can sue on the component that is breached and continue the performance of the remaining obligations. However, in the latter case, all claims for breaches that antedate the institution of the suit must be brought at the same time or they may be subject to the res judicata bar. In this instance, Junker's first suit was filed on May 20, 1987. However, the waste treatment facilities breaches are alleged to have occurred beginning September, 1988. As a • March 13, 1995 Page 3 result, this breach did not antedate the filing of the first suit and res judicata does not bar this claim. In the final analysis, I believe that the City is likely to lose on the waste treatment facility claim if it goes to trial. SUMMARY JUDGMENT Despite the above, I have moved for summary judgment on the remaining claim. The motion is scheduled to be heard on April 4, 1995. Attached is a copy of our moving papers. I brought the motion on the basis that the plain language of the contract does not provide for payment of city - generated waste. In my opinion, the only way that we may win the motion is if Junker does not defend against it. This is a distinct possibility. We served our motion on Junker by hand - delivering a copy to Briggs and Morgan, Junker's attorneys, on March 7, 1995. On March 9, 1995, Briggs sent • us their Notice of Withdrawal by mail. If Junker does defend against the motion for summary judgment, I will recommend that the City reconsider settlement of this last claim. In addition, I will recommend that the City put forth a small Minn. Stat. $ 549.09 offer of settlement to reduce preverdict interest. Junker claims $21645.40 in damages for the waste treatment claim. Preverdict interest from September, 1988 through May, 1995 is estimated at $6193. I will keep you apprised of any developments. If you have any questions or concerns, do not hesitate to contact me. Very truly yours, AND ASSOCIATES 'I P. Roi.gefn Alle/t Goafrdv Attorney a Law C (612) 784,x0890, Ext. MAG /tmk 105219.002 \L -55 STATE OF MINNESOTA COUNTY OF MCLEOD Issued Date: Attorney: SCHEDULING ORDER January 31, 1995 HGA — SAVAGE; 1C?GA�i .=.l AR2 EN GCJticn: FIRST JUDICIAL DISTRICT DISTRICT COURT County of: McLeod File No: C9 -92- 24.534 CASE: % ^iLE3 CP1IT:LPf 3'- _h1 ?C3, IiiC. VS. CI �° J. :a ^C1= __'STJ, k _'t1'1C_ ?AT CC:PGR� LJ 1. ADR not selected or ordered. (Please skip to #5) 2. Type of mediation /arbitration: 3. Deadline date to complete mediation /arbitration: 4. Mediation /Arbitration Neutral: 5. Trial Date Set: =!ay 9th, 1995 at 9:110 a.m. fora JURY COURT trial (� / day jur, tr a1; 6. Trial Location: McLeod County Courthouse - 830 11th St. E., Glencoe, MN 55336 7. The deadline for joining any additional parties whether by amendment or third party practice, is: February 29ch, 1995 8. Motions, discovery and independent physical examinations shall be completed by: _pr'._ 13th, 1995 9. Motions in limine, joint statement of the case (Rule 112.01), proposed instructions, proposed verdicts, witness lists & exhibit lists shall be filed and served upon opposing parties by: April 25th, 1:95 10. Pretrial or settlement conferences will be set by request and with prior agreement of all counsel on tentative dates. The Settlement Confere.ce is scheduled for 8adnasday, ?:a7 3, 1995 i*_ 9:15 3.a. at the McLeod County Courthouse, 830 11th St. E., Glencoe, �_innesota. 11. One continuance will be granted by the Court Administrator with the consent of all parties and for good cause shown within 20 days of the "Issued Date" of this notice. Subsequent requests for continuance must be made by motion (Rule 122). Before a continuance is granted, a new trial date must be agreed upon by all parties and the Court Administrator's Office. 12. Plaintiff shall notify the court in writing within 48 hours of a settlement (pursuant to Rule 121) and by phone within 12 hours of the settlement. If a settlement is not reported to the courts, a sanction fee of $50 will be imposed. 13. If you are noted as Pro Se, our records indicate that you are not represented by an attorney, that you are representing yourself. If this is incorrect, please contact us and notify your attorney of receipt of this notice. Joan Proehl McLeod County -Court Administrator Phone (612) 8641280 Copy to: First Judicial District Assignment Office Dakota County Judicial Center Hastings, MN 55033 COv,> 0 Date r- SYS�� • 1]