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cp04-26-1988 cHUTCHINSON CITY CALENDAR WEEK OF April 24 To April 30 • 1988 WEDNESDAY -27- 10:00 A.M. - Directors Meeting at City Hall SUNDAY -24- Secretary Week 'April 25 - 29 THURSDAY -28- MONDAY -25- Noon -.Safety Council Meeting at Fire Station 1:00"P.M. - Utilities Commiss Meeting at Utilit 2:00 P.M. - Open Bids at City Hall for Farm Lan 8:30 P.M. - Airport Commissio Meeting at City Hall FRIDAY -29- 2:00 P.M. - Open Bids a Hall for Le No. 5, 6 & U TUES#Y 26- 0:00 A.M. - WWTP Meeting at Plant Site 7:30 P.M. - City Council Meeting at City Hall SATURDAY -30- i �, I-,,4i+i'i1 Vi REGULAR MEETING - h'JX:"111I N 'Olt "I T`t COUNCIL TUESDAY, APii I L 26, 1988 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Lavern Johnson, Bethlehem United Methodist Church 3. Consideration of Minutes - Regular Meeting of April 12, 1988 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Statement - March 1988 2. Senior Advisory Board Minutes of March 16, 1988 3. Airport Commission Minutes - March 28, 1988 4. Planning Commission Minutes of March 15, 1988 (b) Consideration of Appointments: 1. HRA - Pat Mikulecky 2. Planning Commission - Roland Ebent 3. Library Board - Linda Willmsen (c) Renewal of Non -Intoxicating Malt Liquor License(s) On -Sale License Crow River Country Club J's Pizza Godfather's Pizza Gold Coin Pizza Hut Sodbuster's Saloon Little Crow Bowling Lanes Off -Sale License Cash Wise Foods Erickson Freedom Station - Hwy. 7 & Hwy. 15 George's Food 'N Fuel One -Stop Gas & Grocery Southtown Mobil Tom Thumb Food Market Super America Sodbuster's Saloon Action - Motion to order report and minutes filed, ratify appointments and issue licenses 5. Public Hearing - 8:00 P.M. (a) Set -Up License for Bradley Larson At Little Crow Bowling Lanes Action - Motion to close hearing - Motion to reject - Motion to approve and issue license 1 T 1 .IT"L (:OTTIJC AGERDA - AIOM11,T Lu. i -b (b) Assessment Roll No. 238 - Letting No. 2, Project No. 88-02 Action - Notion to close hearing Notion to reject - Notion to approve and adopt Assessment Roll No. 238 Motion to award contract - Notion to waive readings and adopt Resolutions (c) Assessment Roll No. 239 - Letting No. 9 Action - Motion to close hearing Notion to reject - Motion to approve and adopt Assessment Roll No. 239 Motion to award contract - Motion to waive readings and adopt Resolutions (d) Assessment Roll No. 240 - Letting No. 10 Action - Motion to close hearing Motion to reject - Notion to approve and adopt Assessment Roll No. 240 Motion to award contract - Notion to waive readings and adopt Resolutions (e) Assessment Roll No. 241 - Letting No. 8 Action - Notion to close hearing Notion to reject - Motion to approve and adopt Assessment Roll No. 241 Motion to award contract - Motion to waive readings and adopt Resolutions 6. Communications, Requests and Petitions (a) Consideration of Request By Baseball Association for Grandstand Proposal At Veterans Memorial Field Action - (b) Consideration of Request By Brown's Greenhouse for Two Temporary Signs Action - Motion to reject - Motion to approve (c) Consideration of Request By City Engineer for Special City Council Meeting On May 5, 1988 for Setting Assessment Hearings for Three Project Lettings Action - Motion to reject - Motion to approve special meeting (d) Consideration of Request to Set Up Food Concession Trailer On June 21 for Water Carnival Action - Motion to reject - Motion to approve request (e) Discussion of Bituminous Surfacing On Waller Drive Requested By Floyd Hoel Action - 2 41 CITY COUNCIL AGENDA - APRIL 26, 1988 7. Resolutions and Ordinances (a) Resolution No. 8762 - Resolution for Purchase Action - Motion to reject - Motion to waive reading and adopt (b) Ordinance No. 8/88 - An Ordinance Establishing A Set -Up License Action - Motion to reject - Motion to waive first reading and set second reading May 10, 1988 8. Unfinished Business (a) Consideration of Project No. 88-30 - Florida Street Improvement (DEFERRED APRIL 12, 1988) Action - Motion to reject - Motion to approve project and order plans and specifications - Motion to waive reading and adopt Resolution No. 8761 (b) Consideration of Report On Letting No. 3, Project No. 88-17 (Third Avenue Northwest Improvement) (DEFERRED APRIL 12, 1988) Action - (c) Discussion of Assessing Previous Storm Sewer Costs to Twin Oaks Subdivision (DEFERRED APRIL 12, 1988) Action - (d) Consideration of Purchasing New Radio for Refurbished Ward -La France Pumper (DEFERRED APRIL 12, 1988) Action - Motion to reject - Motion to approve purchase (e) Consideration of Custodial Services At New Police Station (DEFERRED APRIL 12, 1988) Action - Motion to reject - Motion to approve employment (f) Consideration of Conditional Use Permit Submitted By Jeff Munsell for Car Wash With Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to adopt Resolution No. 8729 9. NEW BUSINESS (a) Consideration of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service 3 CITY COUNCIL AGENDA - APRIL 26, 1988 (b) Consideration of Calcium Chloride Treatment On Les Kouba Parkway for Dust Control (Requested By Alderman Pat Mikulecky) Action - Motion to reject - Motion to approve (c) Consideration of Compensation to Allied Mechanical Systems for Error In Police Station Bid And Change Order for Ductwork In Garage Action - Motion to reject - Motion to approve payment and change order (d) Review of Bond Issue Costs Action - (e) Consideration of Awarding Bid for Rental of City -Owned Farm Land Action - Motion to reject - Motion to approve and award bid (f) Consideration of Approval of Treating Drinking Water for Corrosion Problem Action - Motion to reject - Motion to approve (g) Consideration of Purchase of Election Voting Equipment Action - Motion to reject - Motion to approve purchase (h) Consideration of Inspection of Northwest Water Tower During Painting Action - Motion to reject - Motion to approve (i) Consideration of LifeSpan Affiliation Action - Motion to reject - Motion to approve (j) Consideration of Purchase of Dassel Medical Clinic Assets By Hutchinson Community Hospital Action - Motion to reject - Motion to approve purchase (k) Consideration of Land Rather Than Fees for Park Contribution Along School Road (Requested By Mayor Paul L. Ackland) Action - Motion to reject - Motion to approve (1) Consideration of Release of General Fund Capital Expenditure for 1988 Action - 4 CITY COUNCIL AGENDA - APRIL 26, leu (m) Consideration of Conditional Use Permit Submitted By Scott Hogrefe with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (n) Consideration of Variance Submitted By Scott Hogrefe with Unfavorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (o) Consideration of Rezoning From R-2 To R-3 Submitted By City Staff with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading May 10, 1988 (p) Consideration of Variance Submitted By Jerry Eggert with Unfavorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (q) Consideration of Amendment to Subdivision Ordinance #466 Requested By Park Board with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading May 10, 1988 (r) Consideration of Rezoning Request From R-2 to R-3 Submitted By Deforest Wagner with Unfavorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (s) Consideration of Variance Submitted By Everett Hantge with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (t) Consideration of Conditional Use Permit Submitted By Everett Hantge with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (u) Consideration of Variance Submitted By James Gagnon with Unfavorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve 5 CITY COUNCIL AGENDA - APRIL 26, 1988 (v) Consideration of Conditional Use Permit Submitted By James Gagnon with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (w) Consideration of Amending Site Plan At School Road And Golf Course Road Submitted By Terry Mick with Unfavorable Recommendation of Planning Commission Actionn - Motion to reject - Motion to approve (x) Consideration of Resubmittal of Site Plan for Munsell Car Wash with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve site plan (y) Consideration of Lot Split On Bluff Street Submitted By Gene Brown with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (z) Consideration of Preliminary Plat of Woodview Acres Second Addition Submitted By Joel Vinkemeier (Two Mile Radius) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (aa) Consideration of Sketch Plan Submitted By Bob Billiet (Two Mile Radius) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (bb) Consideration of Lot Split Submitted By Jim Hanson On Lot 3 Betker's Addition with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (cc) Consideration of Final Plat of Siemson Estates Submitted By Roger Siemson (Two Mile Radius) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (dd) Consideration of Final Plat of McClure's Second Addition with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution 6 CITY COUNCIL AGENDA - APRIL 26, 1988 (ee) Consideration To Begin Annexation Proceedings Submitted By Goebel Fixture with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve referral to Minnesota Municipal Board - Motion to waive reading and adopt Resolution (ff) Consideration of Subdivision Agreement for McClure's Second Addition Action - Motion to reject - Motion to approve 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 12, 1988 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of March 22, 1988, special meeting of March 28, 1988, and bid openings of March 18, 1988, March 25, 1988, April 1, 1988 and April 5, 1988 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1988 2. NURSING HOME BOARD MINUTES OF FEBRUARY 25, 1988 3. HRA MINUTES OF FEBRUARY 24, 1988 4. PARK & RECREATION BOARD MINUTES OF MARCH 2, 1988 5. TREE BOARD MINUTES OF MARCH 2, 1988 (b) REQUEST FOR REDUCED REFUSE CHARGE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the report and minutes filed and approve the reduced rate. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 6 - PROJECT NO. 88-04 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi- cation No. 3824. Mr. Arnold Nass, 1575 McDonald Drive, asked if the City would start on the east or west side when the project was begun. City Engineer stated no decision had been reached. Mr. Nass questioned if the property owners would have to pay for water and sewer again. Mr. Raymond Otto, 75 10th Avenue N.E., commented there had been a meet- ing regarding this project before, and the Council had decided not to isdo it. He wondered why it was back on the agenda. Mayor Ackland reported there was a petition for the project, and it was 1 �I CITY COUNCIL MINUTES - APRIL 12, 1988 in conformance with the subdivision agreement to be blacktopped. Mr. Otto stated hehad seen in the paper that the project was going to be done. He asked if project 88-04 could be deferred until the other project was done to keep from breaking up the pavement. Mr. Rick Peterson, 1565 McDonald Drive, was concerned about heavy equipment going through McDonald Drive to work on the lots in that area. He asked how thick the blacktop would be put on in comparison to a heavily traveled road. Also, he questioned what kind of damage the the heavy equipment would do. Engineer Anderson stated the blacktop would be standard thickness, and it would be based on traffic and soils to determine the thickness. During the summer months there should be no damage done by the heavy equipment. Mr. Steve Straumann, 595 Roberts Road, remarked that this was the sec- ond time he had come to a meeting on this project. He stated there was exposed gravel right in front of his property. He asked if it would be patched or repaired. He suggested the work could be done when the equipment was in the area. Engineer Anderson thought it was a temporary pavement on Roberts Road; therefore, a patch job of seal coat could be done. For the record, the Mayor read the petition signed by seven property owners who requested the project. Alderman Torgerson moved to close the hearing at 8:10 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to approve project No. 88-04, order plans and specifications, and waive reading and adopt Resolution No. 8759. Mo- tion seconded by Alderman Mlinar and unanimously carried. (b) PROJECT NO. 88-30 - FLORIDA STREET IMPROVEMENT Mayor Ackland called the hearing to order and read Publication No. 3823. Mr. Bob Lena, 168 Florida, stated that originally there was a driveway down to his garage. There are no public drive-throughs; therefore, he saw no reason for the improvement. Mr. Jeff Munsell, commented he had property on the east side of Flori- da Street. He had a lot of expense for nothing at this point. A gentleman representing the owner of a four-plex stated that if the property owner planned to put a multiple -dwelling behind the car wash, he would want a street so that it would not be landlocked. He would �J CITY COUNCIL MINUTES - APRIL 12, 1988 not be able to use the road in the future unless it was widened now. Alderman Torgerson moved to close the hearing at 8:16 P.M. Motion seconded by Alderman Mikulecky and unanimously carried. Mayor Ackland questioned how much of the property could be assessed. The City Engineer reported that approximately 50 percent could be assessed to the property on the east. The Mayor then questioned the benefit of a cul-de-sac to the property owners on the east. The City Attorney stated most developers prefer a cul-de-sac. Following discussion, the Mayor suggested tabling the project until after the Planning Commission meeting on April 19 to see the outcome for the car wash issue. Alderman Miinar moved to defer to the next regular Council meeting. Motion seconded by Alderman Torgerson and unanimously carried. (c) ASSESSMENT ROLL NO. 237 - LETTING NO. 1, PROJECT NO. 88-25 Mayor Ackland called the hearing to order and read Publication No. 3825. Ms. Judy %opesky, Rt. 4, asked about the need for the assessment. She wondered what would happen if the project did not go through. Mayor Ackland explained the need for the utility upgrade and that the Hwy. 15 improvement tied in with this project. The City Engineer reported that the water lines were about 50 years old in this area, and there were numerous places where the pipe is cracked and joint problems. It would be costly to replace the pavement at a later time. The City would be assessing the service and not the water and sewer main. Atty. Bili Haas, 505 South Main, stated he also represented his son who lives in the 400 block of Main Street. He questioned why it was cost- ing him so much for a service that presently works. It would be an upgrade service that he will be assessed for. He commented he owned two and one-half lots and would be assessed on front footage. Atty. Haas remarked the benefit was measured by fair market value of the property assessed. He wondered if any consideration had been given to that question. The City would be repairing a service he already had, and he didn't see how his property value would be increased. Atty. Haas submitted two objections to the assessment, one for himself and one for his son, Bill Haas, 415 Main Street South. City Attorney Anderson stated the increase in fair market value would be the service. It was cheaper to replace it now. . Engineer Anderson reported there was one sewer and one water service for his lot and also the same for empty, buildable lots. The same 3 CITY COUNCIL MINUTES - APRIL 12, 1988 0 people would be serviced by the 12" main as were serviced by the 6" main. Mr. Bob Evans, 516 Main Street South, stated the other neighbors were all being charged the same amount for the assessment. He questioned if the storm sewer would be replaced at the time the highway was done. Mayor Ackland reported the City intended to pay the cost for the storm sewer project. Alderman Torgerson moved to close the hearing at 8:56 P.M. Notion sec- onded by Alderman Mlinar and unanimously carried, Alderman Carls moved to approve and adopt Assessment Roll Ro.237, to award the contract to S & L Excavating for $224,352.06 (corrected bid), and to waive readings and adopt Resolutions go. 8758 and No. 8760. Motion seconded by Alderman Torgerson and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PETITION FOR BITUMINOUS SURFACING ON WALLER DRIVE A petition signed by six property owners requested bituminous surfacing on Waller Drive in 1988. Following discussion, Alderman Torgerson moved to postpone the project until 1989. Motion seconded by Alderman Carls and unanimously carried. (b) CONSIDERATION OF REQUEST FROM HUTCHINSON HEALTH & FITNESS CLUB FOR REIMBURSEMENT TO DISCONNECT STORM LINES TO BUILDING The Health Club requested reimbursement from the City in the amount of $550 to resolve their stormwater backup problem. Following discussion, Alderman Carls moved that the City extend an offer to the Health and Fitness Club owners to pay 50 percent of the $550 cost. Motion seconded by Alderman Torgerson and unanimously car- ried. (c) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE LIBRARY SQUARE Following discussion, Alderman Torgerson moved to approve and issue the permits and waive the fees and rentals. Motion seconded by Alderman Mikulecky and unanimously carried. (d) CONSIDERATION OF REQUEST FOR 101-11TOYICATING MALT LIQUOR LICENSE AND SET-UP LICENSE FOR JAYCEE WATER CARNIVAL, JURE 18-19, 1988 4 CITY COUNCIL MINUTES - APRIL 12, 1988 Following discussion, Alderman Torgerson moved to approve and issue the license and waive the fee. ]lotion seconded by Alderman Mikulecky and unanimously carried. (e) CONSIDERATION OF REQUEST FOR CITY DONATION TO JAYCEE WATER CARNIVAL Following discussion, Alderman Carls moved to approve payment of $1,000 to the Hutchinson Jaycees out of the contingency fund. Motion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 6/88 - ORDINANCE AMENDING ORDINANCE NO. 637, SECTION 720, OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED DOWNTOWN PARKING ENFORCEMENT AREA The motion was made by Alderman Nikulecky, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 774. Motion unani- mously carried. (b) ORDINANCE NO. 7/88 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IR THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING NAF The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 775. Notion unanimous- ly carried. (c) RESOLUTION NO. 8754 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 8754. Motion unanimously carried. (d) RESOLUTION NO. 8757 - RESOLUTION ACCEPTING $75,000 FROM THE HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8757. Motion unanimously car- ried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF LETTING NO. 3, PROJECT NO. 88-17 (THIRD AVENUE N.W. IMPROVEMENT (DEFERRED MARCH 28, 1988) Alderman Carls moved to defer to the next meeting. Notion seconded by Alderman Miinar, After discussion, Alderman Carls amended the motion to direct the City Attorney to prepare a letter regarding the assessment to the railroad and benefit to the property north of Hwy. 7, the City Engineer determine what the assessments would be to the property north 5 CITY COUNCIL MINUTES - APRIL 12, 1988 E of Hwy 7, to the railroad and what City costs would be without assess- ment, and prepare the plans and specifications for the project, and the City Administrator prepare a letter addressing the assessments to residential property owners on Third Avenue, and waive readings and adopt Resolutions No. 8755 and No. 8756. Amended motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR 1988 HALF -TON PICKUP TRUCK FOR WASTEWATER DEPARTMENT (DEFERRED APRIL 5, 1988) Following discussion, Alderman Torgerson moved to approve the bid of Wigen Chevrolet for $10,357.99 and the bid of Gale Boelter of $360 for the 1977 Chevrolet truck, Motion seconded by Alderman Carls and unani- mously carried. (c) CONSIDERATION OF SUBDIVISION AGREEMENTS REGARDING TREE POLICY REQUESTED BY CITY FORESTER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED MARCH 22, 1988) The City Forester reported on the cost of planting trees on the boule- vards of subdivisions. Following discussion, Alderman Carls moved to set a City tree policy in the new subdivision agreement(s) which would state that there will be trees planted in the boulevard and the City will provide and plant the tress, and the Council will look at the $3,750 cost for the 1989 bud- get. Motion seconded by Alderman Torgerson and unanimously carried. (d) DISCUSSION OF ASSESSING PREVIOUS STORM SEWER COSTS TO TWIN OAKS SUBDIVISION (DEFERRED MARCH 8, 1988) The motion was made by Alderman Carls, seconded by Alderman Torgerson, to defer to the next meeting. Motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF CHANGE ORDER NO. 6 FOR WASTEWATER TREATMENT PLANT - SLUDGE HOPPER Following a report from Project Engineer George MacDonald, Alderman Mlinar moved to approve change order No. 6. Motion seconded by Alder- man Torgerson and unanimously carried. (b) CONSIDERATION OF LEASE AGREEMENT FOR SENIOR NUTRITION PROGRAM Following discussion, Alderman Carls moved to approve and enter into the contract. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF SETTING PUBLIC HEARING FOR SET-UP LICENS"c AT LITTLE CROW BOWLING LANES R CITY COUNCIL MINUTES - APRIL 12, 1988 Alderman Mikulecky moved to set a public hearing for April 26, 1988 at 8:00 P.M. Motion seconded by Alderman Torgerson and unanimously car- ried. (d) CONSIDERATION OF PURCHASING CLEARING/MAIRTENANCE EQUIPMENT FOR REW POLICE STATION Police Chief Madson presented a list of equipment items needed for the new police station. Following discussion, Alderman Carls moved to approve $1,433 out of the general fund. Motion seconded by Alderman Mlinar and unanimously car- ried. (e) CONSIDERATION OF PURCHASING NEW RADIO FOR REFURBISHED WARD-LAFRARCE PUMPER The motion was made by Alderman Carls, seconded by Alderman Mlinar, to defer to the next meeting. Motion unanimously carried. (f) CONSIDERATION OF AUTHORIZING BORROWING AUTHORITY OF UP TO $100,000 FOR BURNS MANOR NURSING HOME Administrator Mavis Geier, Financial Advisor David Jensen, President Larry Graf, and Board Member Jim Mills appeared before the Council and presented a report on the financial condition of Burns Manor. It was their request that the City loan the nursing home up to $100,000 on a monthly basis, Mayor Ackland suggested that other uses and options of the facility be considered. It was further recommended that an outside consultant be obtained to review alternatives and a business plan for Burns Manor. Following discussion, Alderman Torgerson moved to loan to Burns Manor $25,000 from the water/sewer fund at a 6.5% interest rate. Motion sec- onded by Alderman Carl&. Alderman Torgerson amended the motion to a $30,000 loan. The amended motion was seconded by Alderman Carls and unanimously carried. Alderman Carls moved to direct the nursing home Administrator to pre- sent a business plan at the May 10 Council meeting which would address both drained analyses of expenses and a review of the occupancy side of the equation. Motion seconded by Alderman Torgerson and unanimously carried. (g) CONSIDERATION OF APPROVING RECOMMENDATIONS REGARDING ASSESSMENT SEARCHES AS PRESENTED BY CITY ADMINISTRATOR Following discussion, Alderman Mikulecky moved to approve the recom- mendations. Motion seconded by Alderman Mlinar and unanimously car- ried. 7 CITY COUNCIL MINUTES - APRIL 12, 1988 1] (h) CONSIDERATION OF HUTCHINSON TECHNOLOGY INC.'S USE OF RECREATION FACILITIES FOR EMPLOYEE PICNIC AND DISCUSSION OF SET-UP LICENSE The Park & Recreation Board recommended approval of HTI using the City's recreation facilities for an employee picnic on July 16 at a charge of $2,000. Discussion followed regarding a set-up license and 3.2 beer at the picnic. It was pointed out that the City would be considered the secondary party on HTI's liability insurance policy. Following discussion, Alderman Torgerson moved to approve the use of the facilities and the fees recommended by the Park & Recreation Board. Notion seconded by Alderman Nlinar and unanimously carried. (i) REVIEW OF PRESENT CITY PURCHASING POLICY No action was required. (j) CONSIDERATION OF APPOINTMENT OF ASSISTANT CITY ATTORNEY It was the recommendation of the City Attorney to appoint Joseph M. Paiement as Assistant City Attorney. The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve the appointment. Motion unanimously carried. i (k) CONSIDERATION OF CUSTODIAL SERVICES AT NEW POLICE STATION Following discussion, Alderman Carls moved to table this item to the next Council meeting for a report on the exact figures of cost and where the money would come from and to approve payment for a part-time employee to do custodial work in the interim period. Motion seconded by Alderman Kikulecky and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR The City Administrator reported that Chris Kadeibach had called him re- garding the City farm land he has been farming by the wastewater treat- ment plant. Mr. Kadelbach wished to renew his arrangement with the City to keep the weeds cut in exchange for no rent charged to him. Following discussion, Alderman Caris moved to place an ad for bids on the farm land. Notion seconded by Alderman Kikulecky and unanimously carried. (b) COIU{UNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls raised a question regarding the letter received from Atty. Steve Ward concerning the Assembly of God assessment. He re40 - quested the City Attorney to respond to it. H CITY COUNCIL MINUTES - APRIL 12, 1988 0 Alderman Mikulecky asked about the sound system in the Council Cham- bers. When he was told that the sound was so poor that Cable TV could not record the meetings, the City staff was directed to have the system repaired. City Attorney Anderson stated that all future Planning Commission and City Council meetings were to be taped. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING City Engineer Anderson commented that MN/DOT had informed him the City could install a temporary signal light, if they so desired. A perma- nent light would be in the 1990 State budget. He inquired if he should prepare a design for the signal. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired if the City Council should be meeting with the City Attorney regarding the pending Junker Sanitation lawsuit. City Administrator Plotz reported be had been subpoenaed for a deposition, and the City files are to be reviewed by the legal counsel. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 P.M. 9 �e MARCH CITY OF HUTCHINSON FINANCIAL REPORT - 1988 MARCH REVENUE REPORT - GENERAL FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE 0 MARCH DATE ACTUAL BUDGET REMAINING USED TAXES 7431.46 16942.31 1345287.00 1328344.69 0.01 LICENSES 6616.75 7453.75 16975.00 9521.25 0.44 PERMITS AND FEES 6158.05 26782.93 68300.00 41517.07 0.39 INTER -GOVERNMENT REVENUE 1640.81 17537.09 1076104.00 1058566.91 0.02 CHARGES FOR SERVICES 21558.79 58462.85 480887.00 422424.15 0.12 FINES & FORFEITS 2679.99 11137.46 36800.00 25662.54 0.30 MISCELLANEOUS REVENUE 9537.15 63444.61 337259.00 273814.39 0.19 CONTRIBUTIONS FROM OTHER FUNDS 75000.00 80694.00 426000.00 345306.00 0.19' REVENUE FOR OTHER AGENCIES -1444.77 75.38 200.00 124.62 0.38 TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADM./CITY CLERK ELECTIONS FINANCE MOTOR VEHICLE ASSESSING LEGAL LANNING ITY HALL RECREATION BUILDING POLICE DEPARTMENT FIRE DEPARTMENT COMMUNITY SERVICE OFFICER BUILDING INSPECTION CIVIL DEFENSE SAFETY COUNCIL FIRE MARSHALL ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C LIBRARY SENIOR CITIZEN CENTER PARK/REC. ADMIN. RECREATION CIVIC ARENA PARK DEPARTMENT CEMETERY COMMUNITY DEVELOPMENT DEBT SERVICE AIRPORT TRANSIT ENERGY COUNCIL UNALLOCATED TOTAL 129378.23 282530.38 3787812.00 3505281.62 0.07 2136.56 10562.29 33172.00 22609.71 0.32 10601.12 37246.99 133235.00 95986.01 0.28 0.00 0.00 3401.00 3401.00 0.00 11491.02 55325.89 201915.00 146589.11 0.27 5008.10 17377.06 53475.00 36097.94 0.32 0.00 0.00 19700.00 19700.00 0.00 2330.29 7782.96 34700.00 26917.04 0.22 895.00 1201.73 11620.00 10418.27 0.10 2777.00 10325.88 40628.00 30302.12 0.25 1910.97 7082.36 60391.00 53308.64 0.12 61955.80 209169.39 753271.00 544101.61 0.28 8918.18 22362.67 90300.00 67937.33 0.25 1373.71 6951.81 37813.00 30861.19 0.18 4135.17 14499.35 55651.00 41151.65 0.26 264.67 295.42 775.00 479.58 0.38 0.00 0.00 150.00 150.00 0.00 3670.16 11816.37 45587.00 33770.63 0.26 16552.74 54729.24 187119.00 132389.76 0.29 25615.62 77231.02 346944.00 269712.98 0.22 4051.12 14024.84 85100.00 71075.16 0.16 14008.2B 29941.99 65255.00 35313.01 0.46 4731.93 14204.30 75066.00 60061.70 0.19 6331.82 24763.85 88421.00 63657.15 0.28 5828.33 18170.81 139087.00 120916.19 0.13 13617.27 41808.42 110936.00 69127.58 0.38 26075.82 77026.20 361917.00 284890.80 0.21 2850.70 8559.32 39881.00 31321.68 0.21 1924.74 8018.55 33150.00 25131.45 0.24 1500.00 4500.00 45000.00 40500.00 0.10 19696.82 20786.88 50325.00 29538.12 0.41 9237.12 25907.69 82068.00 56180.31 0.32 2432.53 5761.23 12000.00 6238.77 0.48 35261.86 64588.74 489739.00 425150.26 0.13 307184.45 902023.25 3787812.00 2885788.75 0.24 min • REVENUE REPORT - LIQUOR FUND CITY OF HUTCHINSON FINANCIAL REPORT - 1988 MARCH ENTERPRISE FUNDS CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE MARCH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 32232.39 96866.99 390000.00 293133.01 0.25 WINE SALES 9753.31 27349.97 140000.00 112650.03 0.20 BEER SALES 46009.38 129976.66 596000.00 466023.34 0.22 BEER DEPOSITS -4.10 -166.80 0.00 166.80 0.06 MISC. SALES 2634.73 7858.28 36000.00 28141.72 0.00 INTEREST 307.24 820.81 5600.00 4779.19 0.15 REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 0.24 CASH DISCOUNTS -83.19 -392.19 -2400.00 -2007.81 0.00 TOTAL 90849.76 262313.72 1165200.00 902886.28 0.23 EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 9172.49 35784.24 140906.00 105121.76 0.25 SUPPLIES. REPAIR & MAINTENANCE 362.12 493.14 4700.00 4206.86 0.10 OTHER SERVICES & CHARGES 908.61 3211.96 36800.00 33588.04 0.09 MISCELLANEOUS 0.00 426.88 7200.00 6773.12 0.06 CAPITAL OUTLAY 0.00 0.00 13000.00 13000.00 0.00 TRANSFERS 0.00 0.00 110000.00 110000.00 0.00 COST OF SALES 74457.89 206181.26 872300.00 666118.74 0.24 OTHER 0.00 0.00 10000.00 10000.00 0.00 TOTAL 84901.11 246097.46 1194906.00 948808.52 0.21 REVENUE REPORT - WATER SEWER/FUND FEDERAL GRANTS 506647.00 506647.00 0.00 -506647.00 0.00 WATER SALES 43388.43 116912.30 470000.00 353087.70 0.25 WATER METER SALES 323.95 4943.95 7000.00 2056.05 0.71 REFUSE SERVICES 37500.75 99577.85 397560.00 297982.15 0.25 SEWER SERVICES 56276.50 147186.16 547000.00 399813.84 0.27 EPA SALES 48437.11 125004.74 466000.00 PENALTY CHARGES 1367.80 4367.68 9000.00 4632.12 0.00 INTEREST EARNED 29.02 28936.07 64000.00 55063.93 0.34 REFUNDS & REIMBURSEMENTS 514.00 524.00 2000.00 1476.00 0.00 OTHER 20.00 688.29 2150.00 1461.71 0.32 TOTAL 694504.56 1034788.24 1984710.00 949921.76 0.52 EXPENSE REPORT - WATER SEWER/FUND REFUSE 32927.40 98782.20 393588.00 294805.80 0.25 WATER 157870.23 227756.55 1069162.00 841405.45 0.21 EWER 36430.00 154906.86 1192935.00 103B02B.14 0.13 WASTE TREATMENT PLANT CONSTRUCT. 469714.51 1491194.56 0.00 -1491194.56 TOTAL 716942.14 1972640.17 2655685.00 683044.83 0.74 E SENIOR ADVISORY BOARD MEETING March 16, 1988 Members present: Norine Riesberg, Arnold Rotzien, Don Bonniweil, Marie Kaping Verna Hintz, Lloyd Mueller & Elsa Young Staff present: Barb Haugen, Lucille Arlt Guests: Elaine Black, Ruth Engel Chairman Arnold Rotzien called the meeting to order. Minutes of the last meeting were approved as written with the €ollowtng correction; the term of Mildred Carrigan filled by Marie Kapi,ng will expire to 1989; Kaping would then be eligible for 2 additional terms. Rotzien presented to Ruth Engel and Elaine Black commorative placques from the City of Hutchinson and expressed appreciation for their years of service. The fund-raising Soup and Sandwich Supper was discussed. Ticket prices were determined; adults $4 , youth $2.50 , under 5 are free. The need for many volunteers was expressed for food preparation, publicity and sales. Verna Hintz volunteered to make an afghan to be raffled as part of the function. Elsa Young will donate a radio to be raffled also. Smaller committee meetings will take place in the near future to organize further. Rotzien stated that there is approximately $12,000.00 in the Building Fund. Ideas were discussed regarding keeping that fund active by publicizing through the newsletter a thank -you to the City Council for disbursing the sale of property funds to this account and to the Estate of Emma Lake. Haugen would get the facts regarding these transactions from Council secretary. An election of officers took place with the following results: Arnold Rotzien, Chairman; Don Bonniwell, Vice -Chairman; Elsa Young, Secretary. Rotzien volunteered to continue doing the bookwork involved with fund-raising. Center staff gave an update on future tours and activities offered through the Center. May being Older Americans Month, many special programs will be scheduled in May. The Center's display case was discussed as a possible sight for consignment sales. Staff would look into other consignment operations and report at the next board meeting. Meeting adjourned at 11:30 am. 0 Respectfully submitted by Elsa Young I MINUTES AIRPORT COMMISSION Monday, March 28, 1988 Meeting called to order by Dave Skaar. Members present: Randy Bublotz, John Miller and Dave Skaar. Members absent: Doug McGraw, Don Pankake and Paul Ackland. Guests: Dennis Kohl, Joe Dooley, Greg Kokesch, Gene Anderson, Lee Martins and Don Isaacson. A presentation was given by Lee Martins and Don Isaacson, Mennaards, New Ulm MN. They discussed hangar types and sizes. (see attached packet -for details) A memo was submitted by City Engineer Eugene Anderson concerning proposed hangar sizes and cost for Erect -a -Tube. Type hangar (see attached memo for details). An estimate was submitted from Erickson and Templin Contractors reguarding site preparation based on information supplied by Joe Dooley. (see attached sheet for details) Next meeting is scheduled for April 25, 1988 at 8:30 p.m. in the council chambers at City Hall. 0 Meeting adjourned at 10:20 p.m. Report submitted by Doug Meier i MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 15, 1988 1. CALL TO ORDER The meeting was called to order by Chairman Thomas Lyke at 7:30 p.m, with the following members present: Bruce Drahos, Roland Ebent, Bill Craig, Clinton Gruett, Marlin Torgerson, Larry Romo and Chairman Lyke. Also present: Building Official Jim Marka, Director of Engineering Gene Anderson, Director of Parks and Recreation Bruce Ericson and Park Board Members, Lyle Block and Roy Johnson, City Forester Mark Schnobrich, City Administrator Gary Plotz and City Attorney Barry Anderson. 2. MINUTES Mr. Rano made a motion to approve the minutes of the regular meeting dated Tuesday, February 16, 1988. Seconded by Mr. Craig the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY JEFF MUNSELL FOR A CARWASH (CONTINUATION) Chairman Lyke reopened the hearing at 7:32 p.m. with the reading of publication #3802 as published in the Hutchinson Leader on Thursday, February 4, 1988. The request is for a condi lona—iuse permit to allow the owner to construct a 4 -bay carwash on property located on Hwy. 7 West. Mr. Munsell explained the new proposal having side setbacks of 25' on the east and 50' on the west also moving the building to the north 80' from the right of way. Mr. Richard Danielson, Florida St., neighboring property owner opposing the proposal, distributed copies of zoning ordinance regulations and a scale drawing of the proposed building plan. Discussion followed on Mr. Munsell allowing a 30' easement on Florida St, to the city for widening the street in the future. There was also discussion on the process of the entrance and exit onto Hwy 7 or the possibility of an access unto Florida St. Commission members discussed the interpretation of "stacking" for parking space. The question of curbing and what is acceptable according to ordinance was addressed. Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:03 p.m. HUTCHINSON PLANNING COMMISSION MINUTES 3/15/88 Mr. Torgerson made a motion to recommend approval to City Council provided the proposal meets setbackes and ordinances in C-4 district including Section 10.03, Car Wash Establishments, prior to the building permit being issued. Seconded by Clinton Gruett the motion carried unanimously. (b) CONSIDERATION OF REVISED PRELIMINARY PLAT OF CASA ADDITION SUBMITTED BY JOHN MILLER Chairman Lyke opened the hearing at 8:05 p.m. with the reading of publication #3803 as published in the Hutchinson Leader on Thursday, February 4, 1988. The request is fore1Fi purpose o�onsidering the platting of a parcel of property to be known as Casa Addition. Mr. Bud Maynard, Fahey Realty, presented the revised proposal. Discussion followed on the staff recommendation of a 25' easement for the property to the east of the plat. Building Official Marka commented on the recommendation by staff regarding the easement. City Engineer Anderson stated that the easement of 25' east and west of the property line along lot 3 and up to lot 2 should be platted on the final plat. Mr. Maynard suggested that a problem could be created by the easement extending along all 3 lots and Mr. Miller questioned the necessity of the easement along lot 1 since Texas Ave. is a platted street bordering lot 1. City Engineer Anderson suggested that the service road be centered on the property line, it is a private drive and would not be maintained by the city. Mr. Craig moved to closed the hearing, seconded by Mr. Drahos the hearing closed at 8:25 p.m. Mr. Romo made a motion to recommend approval to the City Council subject to a 25' easement being provided along Lot 3 and shown on the final plat. The Subdivision Agreement is to be provided and a cash contribution to be payed for parks and playgrounds. Seconded by Mr. Ebent the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY PLAT OF OAK HILS SUBMITTED BY GERRIT SMITH (2 MILE RADIUS) Mr. Torgerson commented on the plat suggesting that the name of the plat be changed since there are several additions, streets, etc. using the name "Oak" within city limits. Mr. Torgerson made a motion to recommend approval with no objection to City Council, adding the suggestion of the name change. Seconded by Mr. Craig the motion carried unanimously. 0 HUTCHINSON PLANNING COMMISSION 3/15/88 (d) CONSIDERATION OF PRELIMINARY PLAT OF MCCLURE'S SECOND ADDITION Chairman Lyke opened the hearing at 8:30 p.m, with the reading of publication #3809 as published in the Hutchinson Leader on Thursday March 3, 1988. The request is for the purpose of cons dering the platting of a parcel of property to be know as McClure's Second Addition. Building Official Marka commented on the recommendation by staff suggesting a 28' opening at the curb line on Lot 5. He stated the request was made to give enough room for services and curbing. Mr. Jim McClure commented on the 20' width at the opening and the cul de sac placement because of the unusual shape of the property being platted. Discussion followed on the building areas and requirements. Mr. Ebent moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:45 p.m. Mr. Ebent made a motion to recommend approval to City Council subject to staff recommendation that Lot 5 and all lots have a minimum 28' opening at the curb line or meet the requirement of the fire and building codes. Seconded by Mr. Torgerson the motion carried unanimously. (e) CONDERATION OF PRELIMINARY AND FINAL PLAT OF ROLFE'S ADDITION SUBMITTED BY FORD ROLFE Chairman Lyke opened the hearing at 8:46 pm. with the reading of publication #3810 as published in the Hutchinson Leader on Thursday March 3, 1988. The request is for the purpose of considering the platting of a parcel of property to be known as Rolfe's Addition. Building Official Marka explained the 8' setback being for a primary structure. Accessory buildings require 6' setbacks. Discussion followed on the possibility of waiving the park contribution in this unusual circumstance. City Attorney Anderson stated he knew of no exception in the ordinance but that the city has the right to choose whether or not to enforce ordinances. Mr. Torgerson commented on the intent of the ordinance not including this property. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:54 p.m. Mr. Torgerson made a motion to recommend approval to City Council and waive the park and playground contribution. Seconded by Mr. Romo the motion carried unanimously. 3 HUTCHINSON PLANNING COMMISSION 3/15/88 (f) CONSIDERATION OF REZONING REQUEST FROM R-2 TO R-3 ON GREN ST. REQUESTED BY JOHN KORNGIEBEL Chairman Lyke opened the hearing at 8:55 p.m. with the reading of publication #3811 as published in the Hutchinson Leader on Thursday, March 3, 1988. The request is for the purpose of cons Bering a request to rezone property located at the West 1/2 block between 3rd and 4th Ave. on Glen St. from R-2 to R-3 for the purpose of multi and family elderly congregate housing. Mr. John Korngiebel, Korngiebel Architecture, commented on congregate housing as having more services provided. He stated that he has options on 6 of the 7 lots, owning 1 lot of the project at the present time. Mr. Ron Horswell, neighboring property owner questioned why the whole of block 31 was not being rezoned R-3. City Administrator Gary Plotz commented on the intent of the parking lot in R-3 for required density of 40 units. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 9:05 p.m. Mr. Romo made a motion to recommend approval to City Council. Seconded by Mr. Torgerson the motion carried unanimously. (g) CONSIDERATION OF A PLANNED UNIT DEVELOPMENT/CONDITIONAL USE PERMIT REQUESTED BY JOHN KORNGIEBEL Chairman Lyke opened the hearing at 9:07 p.m. with the reading of publication #3812 as published in the Hutchinson Leader on Thursday, March 3, 1988. The request is for a con i iona use permit/PUO to allow the owner to construct a 40 -unit elderly congregate apartment building on property located on the West 1/2 or Block 31 between 3rd and 4th Ave. on Glen St. Mr. Korngiebel stated that the neighboring property owners to the south of Lot 1 have requested a privacy screen between the parking lot and their lot. Plans are being -made -to meet that request. Mr. Ebent made favorable comment`on—the--project proposed: Mr. Torgerson moved to close the hearing, seconded by Mr. Craig the hearing closed at 9:10 pm. Mr. Ebent make a motion to recommend approval to City Council provided that a privacy fence is added between lots 1 and 2. Seconded by Mr. Craig the motion carried unanimously. 0 4 HUTCHINSON PLANNING COMMISSION 3/15/88 4. OLD BUSINESS (a) BRW UPDATE City Administrator Gary Plotz commented on the interview process that took place on Monday, February 22, 1988 and the survey that is to come. (b) DISCUSSION OF PROPOSAL FOR AMMENOMENT TO SUBDIVISION ORDINANCE 4466 REGARDING PARK CONTRIBUTION Director of Parks and Recreation Bruce Ericson commented on the park board suggestion being 1) easy to administer and 2) having a fee structure. He stated that the percentage of land donation seemed a more workable solution than having more options. Discussion followed on determining "fair market value". Bruce Ericson stated that fair market value will only be used as a protection if necessary. Building Official Marka questioned if the developers and realtors will have input on the proposal. City Administrator Plotz suggested that contractors, developers and realtors do have an input as council members have suggested. Building Official Marka suggested not adding the fee to building permits as he is trying to encourage keeping costs down for the homeowner. Chairman Lyke suggested that the percentage of land area be decreased to lower the cost. Discussion followed on including development within the 2 mile radius. City Engineer Anderson stated that the county is working on that concept. He also stated that al plats will be sent to the park board before action is taken. Discussion followed concerning the collection of the fee and the administration of the proposal. Mr. Torgerson moved to set a public hearing to change the ordinance on the parks and playground contribution at the Planning Commission meeting on April 19. Seconded by Mr. Rano the motion carried unanimously. Mr. Togerson made a motion to notify the realtors, contractors and developers of the public hearing. Seconded by Mr. Craig the motion carried unanimously. 5. NEW BUSINESS • (a) CONSIDERATION OF SUBDIVISION AGREEMENTS REGARDING TREES POLICY REQUESTED BY CITY FORESTER HUTCHINSON PANNING COMMISSION 3/15/88 City Forester Mark Schnobrich explained the planting policy for i Subdivision Agreements and commented on the proposed policy. The new policy would aid in the planning of plantings. He explained that the policy change was not a change in ordinance and would be placed in the Subdivision Agreement. Mr. Ebent moved to recommend approval to City Council of the proposed policy as set forth by the Tree Board. Seconded by Mr. Romo the motion carried unanimously. (b) DISCUSSION OF STREET LOCATION FOR HTI Mr. John Yates, HTI, commented on the proposed construction of a roadway unto Hwy. 7 from Hutch Tec-hnology. (c) UPDATED INFORMATION ON PROPERTY AT SCHOOL RD. AND GOLF COURSE (revised site plan) Building Official Marka commented on the site plan for the property that originally was to be 8-8units, than changed to 4-16 units and now the owners are asking for a change to 5-16 units. (d) DISCUSSION OF INTEREST IN ATTENDING THE 16TH ANNUAL MN PLANNING CONFERENCE There was no one present interested in attending the planning conference. 6. ADJOURMENT There being no further business the meeting was adjourned at 10:30 p.m. 0 NON -INTOXICATING ON SALE LIQUOR $225.00 Crow River Country Club iJ's Pizza Godfather's Pizza Gold Coin Pizza Hut (pending payment) SodBusters Saloon Little Crow Bowling Lanes NON -INTOXICATING OFF SALE LIQUOR $100.00 Cash Wise Foods Erickson Freedom Station Hwy 7 Hwy 15 George's Food and Fuel One -Stop Gas and Grocery Southtown Mobil Tom Thomb Food Market Super America SodBusters Saloon April 20, 1988 I have reviewed the above licenses and reviewed our files and -found no problems with any of the above businesses and _recommend _the City Council approve these licenses. R. Kirchoff , Zx4,rtx I f a# 1 C2i 4-c. s �J PUBLICATION NO. 3845 PUBLISHED IN THE HUTCHINSON EXAM: Thursday, April 14, 1988 NOTICE UP PUBLIC HEARING TO WHOM IT MAY CONCERN Notice is hereby given that a public hearing will be held on Tuesday, April 26, 1988 at the hour of 8:00 P.M. in the Council Chamber of City Hall for the purpose of: issuing a set-up license to Bradley Larson, owner of the Little Crow Bowling Lanes. This hearing will be held by the City Council of the City of Hutchinson. At -such hearing, all persons interested may be heard. April 12, 1988 Dated - MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY • ST. PAUL, MN 55101 APPLICATION FOR PERMIT TO ALLOW ONLY CONSUMPTION AND DISPLAY OF INTOXICATING LIQUOR PHONE 612-296-6159 PERMIT FEE $151.50 AOplicant Name (Business, Parinersnio. Corporation) DBA or Trace Name Brad Larson Larry Stenmark Little Crow Bowling Lanes Inc. Street Address Business Address 8 Boulder Ciccle Rt. 2 Dassel Hwy #7 Nest P.O. Box 203 City County Peter 1p • uAnass ons Hutchinson McLeod Minnesota 0 I Z2>5,,-2,52 PERMIT TYPE Type of Business (Restaurant, ciance Hall. etZi ❑PrNat•Club ®PubucBusiness Bowling Center Name o/ Business or Club Manager Address of Manager wl B Hutchinson Nam• of ullding Owner Address of Owner Thomas Dolder Golf Course Road Hutchinson ARE THEBUSINESS MIS SEPARATE R M ANY HA O WILL NON -INT XI A IN MXLT LI U R LICENSE N ISSUZO OTHER BUSINESS ESTABLISHMENT? t[.�Y•s ONO TO THIS BUSINESS FOR THIS LOCATION? ®Vef ❑NO LJ IS APPLICATION IF TRANSFER, FORMER LICENSEES NAME AND BUSINESS TRACE NAME ORIGINAL® RENEWAL❑ TRANSFER FOR A PUBLIC BUSINESS: If a Partnership, State the Name and Address of Each Partner; If a Corporation, State the Name anis Address of Each Officer. Business Partner/Officer Address Braille A. Larson 328 Boulder Circle Hutchinson Mn 0 usi Partner/Officer Address Larry L. Stenmark Rt. 2 Llassel Mn. 55325 Business Partner/Officer Address FOR A PRIVATE CLUB Oat• Cluo Organized Number of Members Amount of Dues Membership Reeuirements Lengtn Of lme cup Is Club Building Does Club Maintain Lockers At Present Location: Owned or Rented? For Members To Store Liduor? OYes ❑NO Club K/ (rector Name Address Club f cer/ )rector Name Address Club Officer/Director Name Address Has applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, ever had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any vio+ation of State Laws or local ordinances; if so, give date and details No 1 thereby certify that the answers are true of my own knowledge and understand that the giving of false information or the f - ure to give pertinent information constitutes cause for revocation of this permit. ANY PERMIT ISSUED HEREUNDER DOES NOT ALLOW THE SALE 07 II f)TOX ICATING LIQUOR. NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION UNLESS APPROVED AS PROVIDED BELOW: „1�-- 3 • a5-gk IF THE BUSINESS IS LOCATED INA COUNTY: Signature—Aut rizild AlIVcant Date IF A CLUB ATTACH A COPY OF THE CONSTITUTION AND BYLAWS OF THE CLUB AND A CURRENT LIST OF APprOWd—Cnavp•rson County Board or RapresanptWe-- � Cato--- -- - -- MEMBERS. IF THE BUSINESS IS LOCATED IN A MUNICIPALITY CASH_ _ +pwaveo - Councu P-esioent or Representative Date CHECK JAMES *ppil 21, 1988 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Setup Licenses Our File No. 3188-87-0001 Dear Gary: At the request of the City Council, I have investigated issues surrounding the legality of setup licenses in view of the absence of any official policy adopting by the City on the subject. In preparing this report to the City, I spent a considerable amount of time with the Chief of Police for the City of Hutchinson, Steve Madson and also with Sergeant Kirchoff whose knowledge of past City practices, and past City problems, was very valuable. I also spent some time with Walt Perlt, who is the Director of Enforcement for the Liquor Control Division for the State of Minnesota. Finally, I reviewed state statutes on the subject of setup licenses and it is based on all of the foregoing that this opinion was prepared. All setup license are issued by the State of Minnesota. However, no setup license will be issued by the State without the consent and approval of the local community. Among the items that a municipa- lity is expected to attend to when they receive a request for a setup license is a background check of the applicant if it is the community's policy to conduct such a check with any other liquor license applicant (other than community service organizations, of course). One of the issues that the Liquor Control Commission wishes to be kept informed about concerns whether or not the com- munity has an ordinance forbidding setup licenses (known collo- quially as an anti -tipping ordinance). D GL AANOLD & McDOWELL DAVID H. ARNOLD ATTORNEYS AT LAW CHARLES R. CARMICHAEL IOI PARK PLACE MICHAEL R. LRBARON 5881 CEDAR LRE ROAD GARY D. M�DOWELL HVTCHINSON, MINNESOTA 55350 MINNEAPOLIS, MINNESOTA 55410 FAYE KNOWLES (912)597-7575 (912)545-9000 STEVEN A. ANDERSON MN TOLL FREE 800-343-4545 G. BARRY ANDERSON RESIDENT ATTORNEY STEVEN S. HOOK O. BARRY ANDERSON 50l SOUTH FOURTH STREET CHARLES L. NAIL, JR. PRINCETON, MINNESOTA 55371 LURA E. FRETIAND (912) 389-2214 DAVID A. BHUEGOEMANN JOSEPH M. PAIEMENT JAMES *ppil 21, 1988 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Setup Licenses Our File No. 3188-87-0001 Dear Gary: At the request of the City Council, I have investigated issues surrounding the legality of setup licenses in view of the absence of any official policy adopting by the City on the subject. In preparing this report to the City, I spent a considerable amount of time with the Chief of Police for the City of Hutchinson, Steve Madson and also with Sergeant Kirchoff whose knowledge of past City practices, and past City problems, was very valuable. I also spent some time with Walt Perlt, who is the Director of Enforcement for the Liquor Control Division for the State of Minnesota. Finally, I reviewed state statutes on the subject of setup licenses and it is based on all of the foregoing that this opinion was prepared. All setup license are issued by the State of Minnesota. However, no setup license will be issued by the State without the consent and approval of the local community. Among the items that a municipa- lity is expected to attend to when they receive a request for a setup license is a background check of the applicant if it is the community's policy to conduct such a check with any other liquor license applicant (other than community service organizations, of course). One of the issues that the Liquor Control Commission wishes to be kept informed about concerns whether or not the com- munity has an ordinance forbidding setup licenses (known collo- quially as an anti -tipping ordinance). D GL Mr. Gary Plotz April 21, 1988 Page 2 0 In determining what policy the City of Hutchinson should adopt, it is important to consider the kinds of problems that setup licenses or so called "bottle clubs" can cause for law enforcement. It is the unanimous recommendation of this office and the police depart- ment that Hutchinson, having gotten out of the "bottle club" or setup license business, stay out of it for some very practical reasons. I understand that in past years problems were experienced in enforcing after hours liquor consumption rules and regulations. Further, because a bottle club does not actually sell liquor, they avoid not only dram shop responsibilities, but are also less inclined to see that their patrons consume appropriate amounts of liquor. In short, since they have much less responsibility, such clubs are generally less responsible. (Incidentally, the rising cost of dram shop insurance is one reason why the State of Minnesota has seen greatly increased numbers of applicants for setup licenses). Finally, I might point out that the maximum the City can charge for a setup license is $150 while the amount the City charges for an intoxicating liquor license far exceeds that figure. It is my general impression that the current intoxicating liquor license holders in the City of Hutchinson are the responsible group and the City has had no more than the usual enforcement problems one would • expect anytime alcohol is involved. There may be a basic equity or fairness issue where the City is creating two different sets of licenses with radically different expense levels associated with the licenses. It is my understanding that there is currently no problem or very little problem in securing a liquor license in the City of Hutchinson so the need for a setup license program may be very limited. Under the circumstances discussed, it would be my -recommendation and the recommendation of the police department that setup licenses be issued only for a period of 72 hours for community events and that such setup license not be issued on a permit or regular basis. I am attempting to draft an ordinance for the Council's con- sideration which will hopefully be available Tuesday night. If the ordinance language is not ready Tuesday, it -will be ready at the -- first meeting in May. I hope this correspondence is responsive to the concerns expressed by the Council. If you have any questions with regard to this matter, please do not hesitate to contact me. Thank you. Very youry, A SMDO jL Ir G. Iry Anderson GBA!lm PUBLISHED IN THE HUTCHINSON LEADER, HUTCHINSON, MINNESOTA, ON TUESDAY, APRIL 12TH, 1988. NOTICE OF HEARING ON PROPOSED ASSESSMENT PUBLICATION NO. atijJ ASSESSMENT ROLL NO. 238 LETTING NO. 2 PROJECT N0. 88-02 Hutchinson, Minnesota April 8th, 1988 TO WHOM IT MAY CONCERN: Notice is hereby given that the Council will meet at 8:00 P.M. on the 26th day of April, 1988, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of School Road from 7th Avenue N.W. to California Street by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances. The proposed assessment is on file for public inspection at my office. Written or oral objections will be considered at the meeting, but the Council may consider any objection to the amount of the proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk; however, no appeal may be taken as to the amount of any individual assessment unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. Under Minnesota Statutes, Sections 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution - adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. The total cost of the improvement is $780288.62. Gar�lotz, ity Administrator City of Hutchinson, Minnesota s (612)587-5151 I T Y OF HUTCHINSON VASHING TON AVENUE WEST .HINSON, MINN. 55350 MEMO DATE: April 20th, 1988 T0: Mayor and City Council FROM: Eugene Anderson, Director of Engineering RE: Assessment Hearing for Ptoject No. 88-02 - Letting No. 2 E The assessment hearing is scheduled for the April 26th Council Meeting for the paving of School Road No. The street is a municipal state aid roadway, and state aid funds will be used to defray that part of the cost of the improvement due to a wider, thicker pavement. Attached for the Council's consideration following the hearing is a resolution adopting the assessment roll and a resolution awarding a contract. Respectfully submitted, i lgen-*n"derson Director of Engineering EA/pv attachment 0 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 238 LETTING NO. 2 PROJECT NO. 88-02 Resolution No. 8763 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of School Road from 7th Avenue H.W. to California Street by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: - 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1989, and shall bear Interest at the rate of 8.0 percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest ison the entire assessment from October 1, 1988, until the 313t day of December, 1989. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the - assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1988; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 313t day of December, of the year in which such payment is made. Such payment must be made before October 10, or interest will be charged through _December _31,of_the_-aext--uaceeding __- year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of April, 1988. Mayor City Administrator RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 2 PROJECT N0. 88-02 Resolution No. 8767 WHEREAS, pursuant to an advertisement for bids for the improvement of School Road from 7th Avenue N.N. to California Street by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenancea, and bids were received complying with the advertisement and were opened and tabulated according to laws Bidder Amount Bid Wm. Mueller A Sona, Inc. $ 64,171.00 Ramburg, MN Hardrives, Inc. $ 68,218.20 St. Cloud, MN Bituminous Paving, Inc. $ 85,576.00 Ortonville, MN AND WHEREAS, it appears that Wm. Mueller 8 Sons, Inc. of Hamburg, Minnesota, is the lowest responsible bidder, 0 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Wa. Mueller A Sons, Inc. of Hamburg, Minnesota, in the name of the City of Rutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed; and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the City Council this 26th day of April, 1988. Mayor City Administrator 0 fy/l� CC_ (612) 587.5151 ITY OF HUTCHINSON VASHING TON AVENUE WEST ;HINSON, MINN. 55350 M E M 0 DATE: April 20th, 1988 T0: Mayor and City Council FROM: Director of Engineering RE: Assessment Hearings for Letting No.'s 8, 9 & 10 The referenced assessment hearings are scheduled for the April 26th Council Meeting. Projects to which the hearings pertain are: Letting No. 8 - Project No. 88-19 Carolina Ave. 8 Arizona Street - Grading, Aggregate Base 8 Utility Improvements Letting No. 9 - Project No. 88-18 Westwood Road - Grading, Aggregate Base & Utility Improvements Project No. 88-22 Texas Ave. - Grading, Aggregate Base & Utility Improvements Project No. 88-23 Hilltop Dr. - Storm Sewer, Grading 8 Aggregate Base Project No. 88-24 Ludtke Lane - Sewer $ Water Improvements Letting No. 10- Project No. 88-20 Lakewood Terrace Fifth Add. - Grading, Aggregate Base 8 Utility Improvements Project No. 88-21 Plaza Heights Add. - Grading, Aggregate Base 8 Utility Improvements Attached for the Council's consideration following the hearings are resolutions adopting the assessment rolls and resolutions awarding contracts. Worthy of note with respect to Letting No. 9 is that easements to enable the installation of sanitary sewer between California Street and Ludtke Lane have been prepared and submitted to the affected property owners in late March. To date, no signed easements have been returned. With regard to the Hilltop Drive project, the City deverred several thousand. dollars of assessments for sanitary sewer, water main, and storm sewer in 1980 and 1981. Interpretation of the Subdivision Agreement by the City Attorney is that the Council is not obligated to defer assessments for improvements presently being considered.- Correspondence is attached. Mayor and City Council Assessment Hrg. Lett. No.'s 8, 9 8 10 April 20th, 1988 Page 2 • Finally, since the low bid for all of the projects is only $719.14 lower than the second low bid, and since the project specifications stipulate that a contract will be awarded to the low bidder of the total projects receiving favorable consideration after the assessment hearing, it may be possible for the second low bidder to be awarded the contract should the Council choose to delete one or more of the projects. Regarding Letting No. 10, Project 88-20, improvements on Lakewood Terrace Fifth Addition, an error was found in bid quantities that would reduce the construction cost from $120,143.25 bid to $91,724.20. The low bidder has agreed to sign a Change Order documenting the reduction at the time the contract is signed, should the Council award a contract. EA/pv attachments i Respectfully submitted, YVZ .W� ug ene derson Director of Engineering PUBLISHED IN THE HUTCHINSON LEADER, HUTCHINSON, MINNESOTA, ON TUESDAY, APRIL / 12TH9 1988. i NOTICE OF HEARING ON PROPOSED ASSESSMENT • PUBLICATION NO. 3841 ASSESSMENT ROLL NO. 239 LETTING NO. 9 Hutchinson, Minnesota April 8th, 1988 TO WHOM IT MAY CONCERN: Notice is hereby given that the Council will meet at 8:00 P.M. on the 26th day of April, 1988, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the following improvements: Project No. 88-18 Westwood Road in Sunset Ridge Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base and Appurtenances; and Project No. 88-22 Texas Avenue from California Street to the East Terminus of Texas Avenue by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances; and Project No. 88-23 Hilltop Drive from Michigan Street to Paul's Road by Construction of Storm Sewer, Grading, Aggregate Base and Appurtenances; and ,/Project No. 88-24 Ludtke Lane and County Road No. 12 Adjacent to Johnson's Court Subdivision and First Addition to Johnson's Court by the Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, And__ Appurtenances. The proposed assessment is on file for public inspection at my office. Written or oral objections will be considered at the meeting, but the Council may consider any objection to the amount of the proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service -upon -- the Mayor or Clerk; however, no appeal may be taken as to the amount of any individual assessment unless a written objection, signed by the affected 41 property owner, is filed with the City Clerk prior to the assessment hearing ASSESSMENT ROLL NO. 239 PUBLICATION NO. 3841 PAGE 2 or presented to the presiding officer at the hearing. Under Minnesota Statutes, Sections 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. when deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. The total cost of the improvement is ;2239545.13. ,fNJV M 1 WL6 p Gary D. Wtzv C1 Administrator City of Hutchinson, Minnesota 11 ` rc (612) 587-5151 CITY OF HUTCHINSON ��JF 37 WASHINGTON AVENUE HUTCHINSON, MINN. 5 350 WEST April 14, 1988 Mr. Barry Anderson City Attorney Arnold 5 McDowell 101 Main St. So. 101 Park Place Hutchinson, MN 55350 RE: Hilltop Drive Improvements - Project No. 88-23 Dear Mr. Anderson: The Engineering Dept. proposed, and following an improvement public hearing on February 9th, the Council ordered, improvements on Hilltop Drive from Michigan Street to Paul's Road, including storm sewer, grading and.aggregate base. Plans and specifications have been prepared, bids taken, a proposed assessment roll prepared, the assessment public hearing has been scheduled for April 26th, and notices therefor have been mailed to owners of benefitting property. A couple of questions relative to this project and its impact on adjacent development have come to mind and I request your advice. First of all, the area abutting Paul's Road and east of Paul's Road is the Clifton Heights and Kimberly Country Estates subdivisions. P.re'sently, the area has only one access to the City's transportation system, that being Garden Road which connects the area to Trunk Highway 7. The City's Subdivision Ordinance No. 466, Section 5.213, states "closed subdivisions (with one exit) shall not be permitted". The area east of and including Paul's Road is , by this definition, a closed subdivision. Refer to the accompanying drawings for more details. There is a concern for access to the Clifton Heights -Kimberly Country Estates area, both during emergency situations and in the event that the Garden Road connection to T.H__7 is closed for maintenance repairs, or for other reasons. Hilltop Drive between Michigan Street and Paul's Road was platted in 1980, but has never been opened to traffic. Proposed 1988 improvements would accomplish this. The question is whether the City might be obligated to improve the roadway to provide for traffic, despite possible objections from property owners in the area, based on the ordinance and on the fact that fifty-two platted lots presently have only one access. My other question relates to the Subdivision Agreement, a copy of which is enclosed. It makes reference to deferring assessments for certain improvements, but somewhat vaguely. Previously, assessments for improvements on Michigan Street in 1975 and in 1978, and for storm sewer, sanitary sewer, -and water main on Hilltop Drive in 1980 and 1981, were deferred. The total deferred_ assessments, Mr. Barry Anderson Hilltop Drive Improvements April 14, 1988 Page 2 excluding interest, on the parcels abutting Hilltop Drive between Michigan Street and Paul's Road, total about $50,000. The property abutting Hilltop Drive in the area of the proposed 1988 improvements id undeveloped and is presently used for agricultural purposes, and the property owner has given no indication of his interest to develop the tracts in the foreseeable future. The question here is whether the Council is obligated to defer assessments for the proposed 1988 improvements based on the Subdivision Agreement, past policy, or Statute 429. For your information, the notice of assessment hearing that was sent to the property owner gave no indication of the assessment for the proposed improvements being a deferrer assessment. The assessment hearing and consideration of the assessment roll for the improvement are scheduled for the April 26th Council Meetings, and answers to these questions will be needed at that time. If you need additional information or have any questions regarding these inquiries, please call me on Extension 208. Thank you! Sincerely, CITY OF HUTCHINSON n ZI JIM d( L ien Anderson Director of Engineering EA/pv enc. cc: v�ayor and City Council 0 0 40 SANTELMAN'S ADDITION CITY OF HUTCHINSON, MINNESOTA • This agreement, made and entered into the day and year set forth hereinafter by and between Kenneth E. and Marcella C. Santelman, hereinafter called the "Subdivider" and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City". WITNESSETH: E WHEREAS, the Subdivider is the owner and developer of a certain subdivision known as Santelman's Addition, which is located in the City of Hutchinson, and WHEREAS, Ordinance No. 464 and 466 requires Subdividers to make certain improvements, NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. it is understood and agreed that the City will construct the sanitary sewer, watermain and trunk storm sewer improvements on Hilltop Drive and Paul's Road in 1980. 2. It is understood and a#reed that the City will defer assessment costs for the improvements listed in paragraph 1, until such time as Lot 1, Block 1 and Lot 3, Block 2 is subdivided, or said land is developed and requires service from said improvements. 3. It is understood and agreed that, subsequent to further subdivision or development of Lot 1, Block 1 and Lot 3, Block 2, improvements of Hilltop Drive by base, surfacing and curb and gutter will be constructed by the City. 4. It is understood and agreed that base, surfacing and curb and gutter may be installed on Paul's Road prior to further subdivision or devesame willlbee deferred until Bsubdivision orlock 2. In adevelnopmentsofssaid sr Lot 3. S. It is understood and agreed that the Parks and Playground Contribution required by City Ordinance shall be considered at the time that further subdivision of this land is made. 6. This agreement shall be binding upon and -extend to the heirs, representatives, assigns and successors of the parties. IN WITNESS THEREOF, the parties have hereunto settheirhands and seals the day of CITY OF HUTCHINSON SUBDIVIDER by:---- y:by: Its City Clerk Kenneth E. Santelman by: is yor by: Marcella C. Santelman C 1 � lNN NW SNI lNY ll.M xl Y , LIN LAN r •,t IN I 1 Pres. s e = s nl� r C.onne;c�t J �,ytii •� W.y R,el ., r• to T 14.1 1 • i s s � Y M10. w ti, p 1 i M W W l tC I ~ M v rtv�� OR111E LIN LAN r IN I N ,1: d 0 J �,ytii •� W.y R,el C +0 61 Eltrylsl '• z 3 s • • • t RIVE s s • i s s � Y M10. w ti, p 1 i M W W l tC I ~ M v rtv�� OR111E RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 239 LETTING N0. 9 PROJECT N0. 88-18, 88-22, 88-23 & 88-24 Resolution No. 8764 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements: Project No. 88-18 Westwood Road in Sunset Ridge Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings Aggregate or Buildable Sites, Storm Sewer, Grading, Base and Appurtenances; and Project No. 88-22 Texas Avenue from California Street to the East Terminus of Texas Avenue by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances; and Project No. 88-23 Hilltop Drive from Michigan Street to Paul's Road by Aggregate Construction of Storm Sewer, Grading, gg Ba se and Appurtenances; and 12 Adjacent to Project No. 88-24 Ludtke d County Road No. Johnson's �Court Subdivision and First Addition to Johnson's Court by the Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands enefi ed by,and each the proposed act of land impr©vementtinrthe iamount-ofncluded ithe hereby found to be assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first and s of shall bear to be payable on or before the first Monday in January, 9899 P the adoption of interest at the rate of 8.0 percent per annum as set down by this assessment resolution. To the first installment shall be added interest on the entire assessment from in tallment when due, shall October 1, 88, until the 31st be addeddinterestof eforer, 1989. To each subsequent one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire Resolution No. 8764 Page 2 assessment is paid by the 13t day of October, 1988; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 313t day of December, of the year in which such payment is made. Such payment must be made before October 10, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of April, 1988. Mayor City Administrator RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 9 PROJECT NO. 88-18, 88-22, 88-23 & 88-24 Resolution No. 8769 WHEREAS, pursuant to an advertisement for bids for the following improvements: Project No. 88-18 Westwood Road in Sunset Ridge Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base and Appurtenances; and Project No. 88-22 Texas Avenue from California Street to the East Terminus of Texas Avenue by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances; and Project No. 88-23 Hilltop Drive from Michigan Street to Paul's Road by Construction of Storm Sewer, Grading, Aggregate Base and Appurtenances; and Project No. 88-24 Ludtke Lane and County Road No. 12 Adjacent to Johnson's Court Subdivision and First Addition to Johnson's Court by the Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances. bids were received complying with the advertisement and were opened and tabulated according to law: Bidder S A L Excavating, Inc. St. Cloud, MN Juul Contracting Company Hutchinson, MN Latour Construction Maple Lake, MN Quam Construction Willmar, MN Redstone Construction Co.,Inc. Mora, MN Amount Bid $ 183,233.71 $ 1839952.85 194,432.18 $ 1989270.05 $-202v146.70 y Resolution No. 8769 Page 2 AND WHEREAS, it appears that S & L Excavating, Inc. of St. Cloud, Minnesota, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with S & L Excavating, Inc. of St. Cloud, Minnesota, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed; and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the City Council this 26th day of April, 1988. Mayor City Administrator PUBLISHED IN THE NUTCHINSON LEADER, RMHINSON, MINNESOTA, ON TUESDAY, APRIL Y, 12TH, 1988. NOTICE OF HEARING ON PROPOSED ASSESSMENT PUBLICATION NO. 3842 ASSESSMENT ROLL NO. 240 LETTING NO. 10 Hutchinson, Minnesota April 8th, 1988 TO WHOM IT MAY CONCERN: Notice is hereby given that the Council will meet at 8:00 P.H. on the 26th day of April, 1988, in the Council Chambers at City Nall at Hutchinson, Minnesota, to pass upon the proposed assessment for the following improvements: Project No. 88-20 Darrel Drive, Loretta Lane, McDonald Drive, Park Island Drive, and Honey Tree Road in Fifth Addition to Lakewood Terrace by construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances; and Project No. 88-21 Reith Street and Sunset Street South of Chicago Avenue, and Cleveland Avenue and Cheyenne Street in Plaza Heights Addition by construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Is Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances. The proposed assessment is on file for public inspection at my office. Written or oral objections will be considered at the meeting, but the Council may consider any objection to the amount of the proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant-t*-Hinnesota - Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the asaessaent and filing such notice with the District Court within ten days after service upon the Mayor or Clerk; however, no appeal may be taken as to the amount of any individual assessment unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. Under Minnesota Statutes, Sections 435.193 to 435.1959 the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of -age _or -older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution A93E8Jl= ROLL NO. 240 PUBLICATION NO. 3842 PAGE 2 adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special &ease ment on his property. The total cost of the improvement is $341,601.83. Gary D. PI.&zg-CittOAdministrator City of Hutchinson, Minnesota I* u RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 240 LETTING NO. 10 PROJECT NO. 88-20 8 88-21 Resolution No. 8765 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements: Project No. 88-20 Darrel Drive, Loretta Lane, McDonald Drive, Park Island Drive, and Honey Tree Road in Fifth Addition to Lakewood Terrace by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances; and Project No. 88-21 Reith Street and Sunset Street South of Chicago Avenue, and Cleveland Avenue and Cheyenne Street in Plaza Heights Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1989, and shall bear interest at the rate of 8.0 percent per annum as set down by the adoption of this assessment resolution. Tok the SirstL nstallment_ahall_be added interest on the entire assessment from October 19 1988, until the 313t day of December, 1989. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the let day of October, 1988; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before October - 10, or interest will be charged through -December 31, of the next succeeding year. Resolution No. 8765 Page 2 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of April, 1988. Mayor City Administrator 0 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING N0. 10 • PROJECT NO. 88-20 A 88-21 Resolution No. 8770 WHEREAS, pursuant to an advertisement for bids for the following improvements: Project No. 88-20 Darrel Drive, Loretta Lane, McDonald Drive, Park Island Drive, and Honey Tree Road in Fifth Addition to Lakewood Terrace by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to- the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances; and Project No. 88-21 Reith Street and Sunset Street South of Chicago Avenue, and Cleveland Avenue and Cheyenne Street in Plaza Heights Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances, bids were received complying with the advertisement and were opened and tabulated according to law: Bidder Amount Bid Juni Contracting Company $ 3089420.55 Hutchinson, MN Peterson Excavating $ 309,613.52 Clark's Grove, MN Quam Construction $ 316,445.85 Willmar, MN Machtemes Construction - - — — - - $ 3169991.03 Waconia, MN Latour Construction $ 327,245.62 Maple Lake, MN N.H. Snider Construction Company $ 3399004.50 Slayton, MN Redstone Construction Co.,Inc. $..344t540.75 Mora, MN • Resolution No. 8770 Page 2 S 8 L Excavating, Inc. i 3499257.66 St. Cloud, MN S.J. Louis Construction, Inc. i 3519933.30 St. Cloud, MN Hjerpe Corporation $ 3779086.75 Redwood Falla, MN AND WHEREAS, it appears that Juul Contracting Company of Hutchinson, Minnesota, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Juul Contracting Company of Hutchinson, Minnesota, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed; and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the City Council this 26th day of April, 1988. Mayor City Administrator PUBLISHED IN THE HUTCHINSON LEADER, HUTCHINSON, MINNESOTA, ON TUESDAY, APRIL 12TH, 1988. NOTICE OF HEARING ON PROPOSED ASSESSMENT PUBLICATION NO. 3843 ASSESSMENT ROLL NO. 241 LETTING NO. 8 Hutchinson, Minnesota April 8th, 1988 TO WHOM IT MAY CONCERN: Notice is hereby given that the Council will meet at 8:00 P.M. on the 26th day of April, 1988, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of Carolina Avenue and Arizona Street in Helland's 8th Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances. The proposed assessment is on file for public inspection at my office. Written or oral objections will be considered at the meeting, but the Council may consider any objection to the amount of the proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota is Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk; however, no appeal may be taken as to the amount of any individual assessment unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. Under Minnesota Statutes, Sections 435.193 to 435.1959 the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the --payments.= -ashen--deferment--of.-the -special___—- assessment has been granted and is terminated for any reason provided in that_ law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. The total cost of the improvement is $77,344.16. Gary D. P1 z,� Administrator City of Hutchinson, Minnesota 0 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 241 LETTING N0. 8 PROJECT NO. 88-19 Resolution No. 8766 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Carolina Avenue and Arizona Street in Helland's 8th Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1989, and shall bear interest at the rate of 8.0 percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 1, 1988, until the 31st day of December, 1989. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 13t day of October, 1988; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is_made. Such payment must be made before October 10, or interest will be charged through -December 31, of the next succeeding. - year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of April, 1988. Mayor City Administrator G RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 8 PROJECT NO. 88-19 Resolution No. 8768 WHEREAS, pursuant to an advertisement for bids for the improvement of Carolina Avenue and Arizona Street in Holland's 8th Addition by Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and Appurtenances, and bids were received complying with the advertisement and were opened and tabulated according to law: Bidder Amount Bid Juul Contracting Company $ 63,396.85 Hutchinson, MH Rickert Excavating $ 66,966.00 Brownton, MN Politer Excavating $ 689094.90 St. Cloud, MN S 8 L Excavating, Inc. $ 919201.21 St. Cloud, MN AND WHEREAS, it appears that Juul Contracting Company of Hutchinson, Minnesota, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Juul Contracting Company of Hutchinson, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return —_ --- forthwith to all bidders the deposits made with their -bids, axcept that the deposits of the successful bidder and the next loweet-bidder. shall. -be -retained- until a contract has been signed;_- and -the deposit -.of the successful -bidder— shall be retained until satisfactory completion of the Contract. Adopted by the City Council this 26th day of April, 1988. Mayor City Administrator • To: Mayor & City Council FROM: Hutchinson Baseball Association DATE: April 20, 1988 RE: Grandstand for Veterans Memorial Field The Hutchinson Baseball Association is in the process of finalizing plans for a three section grandstand to be erected at Veterans Memorial Baseball Field. The cost of this facility improvement will be $20,644. In addition, a roof will be constructed over the center portion of the grandstand at a cost of $6,000. At this time, we are requesting that the city personnel be used to erect the grandstand. This assistance would be very valuable in keeping costs within our budgeted figures. As for the future, we would appreciate any consideration you could give us in the 1989 and 1990 budgets. Any forthcoming funds could be used to help our association retire the loans on an earlier schedule. We have every confidence in our fund-raising ability as exhibited by the purchase of the lights for Veterans Memorial Field. At an original cost of $32,000, this debt is scheduled for retirement next January. We will keep you updated as fund raising and construction plans proceed for this venture. The Baseball Association appreciates all the support it has received from the city, and we look forward to working closely together in the future. 0 (612) 587-5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 T0: —Hutchinson City Council —------------—————————— — — — — —— FROM: Hutchinson Planning Commission — ----------------- — — — — — — — — — — — — SUBJECT: — CONSIDERATION OF SIGN PERMIT REQUESTED BY BROWNS GREENHOUSE The Planning Commission recommends approval. 0 0 Brown's �jreenhouse QUALITY POTTED PLANTS 125 MICHIGAN STREET HUTCHINSON. MINNESOTA 55850 i hutcfur+awl C� comma Deco, .£inaj NUS.: 912.879.0109 HOM2: 412.575.2145 Ae pe2 p wtxxm yeau 9 uvaZd -Line .to pat up ;&v byTo zaV 4 iFu d w.V .the ap/tzV bed&rj p "U .eea an j Jm& apici,C .tv MV. one airin at #fee c mz& o� /11toUgm S.taeei and Huy 7. %fee othea at the amen o� Aaww & 2nd ave. 6. (Lucy UZu:ch, 205 Adam) %farlh you. i APPUCATM POR SIGN Pfmff ..e u...usuewu MON, ri woo yr orss.swswvsy ..s.m.��... Fee ; ; r Surchar e $ v Total Pert DATE ►AID Fee $ 3S. %O ,yf, SITE ADDRESS MII ♦ ]PERMIT NO. N� s t .� I M� , s. w. — PRO►ERTT 6WHER ) (Addeo) ReMpla�lMa) t- ee we ELECTRICIAN ) Ulddreal RECTRICAL flg*R-NO. Type oI SeildfAy Cendruatien Usd As Wilding EgEdFsg hnnN No. Old 0 Now O TYPE OF SOON WAu D ROOF O PROJECTING ❑ sAmy f� OTMEE GROUND IVMARQUEE 0 TLMI , / MAX. DIMENSION VERTICAL � ± !G HORIZONTAL Ef. SIGN AREA _AIA. No. OF WESDISTANCE IROS 6110101411, TO SIGN EASE ►E• HEIGHT OF SIGN R. DISTANCE FROM SIGN TO FACE OF CM Ff. c -�— z-� SMACK OF SIGN FROM PROPERTY IMEE R.. DISTRICT 5101E f0 11111 ALUMINATED TSWGNO AWiWAELE SIGN AEG ON PEEWEE IION AMEOVEO EE/ERED EWON I= MEO ale SITE INSPECTION MORE ERECTION _�_ � � TRGN a16FECTLOM AFTIA ERECTION SKETCH OF SM y- p pejr��!-4-` 5 . w� MOP SIGN TURF Of AMLICANT SUNDINQ WICIAL 16i2'587."' CITY OF HUTCH/NSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 20, 1988 TO: Mayor and City Council FROM: Director of Engineering RE: Request for Special City Council Meeting I respectfully request that the Council schedule and hold a special meeting on Thursday, May Sth, for the purpose of setting assessment hearings for three project lettings, bids for which are scheduled to be opened on April 29th. Those projects include the following: Project No. 88-01 Colorado St., Colorado Circle & 8th Ave. N.W. - Bituminous Surfacing Project Is No. 88-03 Campbell Lane - Bituminous Surfacing Project No. 88-04 Tyler St. & McDonald Drive - Bituminous Surfacing Project No. 88 -OS Lakeview Lane - Bituminous Surfacing Project No. 88-06 Lindy Lane, Hilltop Dr. & Gene's Dr. - Bituminous Surfacing Project No. 88-07 Sherwood St. - Bituminous Surfacing Project No. 88-08 Hillcrest Road & Walnut St. - Grading, Aggregate Base, Curb No. 88-14 Grove St. - Grading, Aggregate Base, Water Main, Storm Sewer & Gutter, & Bituminous Surfacing Project No. 88-09 Shady Ridge Road - Grading, Aggregate Base, Curb & Gutter & Bituminous Surfacing Project No. 88-11 Keith St., Sunset St. & Chicago Ave. - Grading, Aggregate Base, Curb & Gutter & Bituminous Surfacing Project No. 88-12 Les Kouba Parkway - Grading & Aggregate Base to Accomplish Intersection Realignment Project No. 88-13 4th Ave. S.W. - Grading, Aggregate Base, Curb & Gutter, Water Main, Storm Sewer & Bituminous Surfacing Project No. 88-14 Grove St. - Grading, Aggregate Base, Water Main, Storm Sewer & Bituminous Surfacing Mayor and City Council Request for Special City Council Meeting April 20, 1988 Page 2 0 Project No. 88-16 Franklin St. - Grading, Aggregate Base, Curb & Gutter, Water Main, Storm Sewer & Bituminous Surfacing Project No. 88-27 Parking Got East Side of Franklin St. North of Washington Ave. - Grading, Aggregate Base, Curb & Gutter, Storm Sewer & Bituminous Surfacing A special meeting will expedite these projects by advancing potential awarding of contracts to May 24th, whereas the present schedule of Council meetings would result in possible award on June 14th. EA/pv I* 9 Respectfully submitted, ugene derson Director of Engineering E Hutchinson City Council C!0 Marilyn Swanson City Hall Hutchinson, Mn 55350 Dear Council Members, Granny's Apples Terry L. Kerpfert 613 LaKewood Drive Hutchinson, Mn 33330 (612)387-3743 I am writing to you to asK permission to food concession trailer in South ParK and during the Jaycee Water Carnival activities .June 21st. set up a Kouba ParK on Sunday, I have spoKen with MiKe Bissen, President of the .J a'>cees, and he indicated that they would welcome us as contributors_to the events held that day for their Water Carnival. We have .a quality item that we sell and Will be an attraction to their festival. We :could liu.e permission to set our trailer up on the North side of South Pary at approximately 11-00 R.M. .and sell from that loc=ation for the duration of the parade, and then move to the pare at Les Kouba Point and sell alongside the Jaycee's Food Booth. We have a small concession trailer on wheels that we just pull from one location to another. Your cooperation in +.his matter is greatly .ap?rec iated. I anticipate hearing from you soon. Than Kyou, Te Terry L. Kempfert Owner, Granny's Apples A4R 1988 gECEi� 0 0 April 4, 1988 He: Bituminous Surfacing Waller Drive City Hall City of Hutchinson, Mn 55350 Attention: Mayor Paul Ackland Dear Sir: This letter is written for the purpose of requesting Bituminous Surfacing being laid on street on Waller Drive this summer or fall of 1988. Curb and gutter has been installed and it appears that the laying of the Bituminous Surface is the last step of getting us out of the mud. COUNCIL ACTION ON APRIL 12, 1988 TO POSTPONE PROJECT UNTIL 1989. � Bruce Rahn Mar s �%— o r F. o F oy rop. Y w ww w RESOLUTION NO. 8762 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 1P Water Meter 1,180.0 Water Meter Water Yes Water Products Co. 76 Doz. Softballs 3,644.2 Summer Rec. Program Rec. Yes MN Sports Federation Maintenance Software-* 7,735.0 New Water Treatment Sewer Part of Data Stream Plant Grant and Computer HP Vectra * 5,311.3i it " " Sewer Local LOGIS Match *Items have been appr ved by CA and are grant eligible; part o origina cost estimates of new plant. AWL The following items were authorized due to an emergency need: ITEM COST Date Approved: April 26, 1988 tion made by: Seconded by: _ PURPOSE I DEPT. IBUDGET I VENDOR Resolution submitted for Council action by: Finance Director (612) 587.5151 HarcH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 20th, 1988 TO: Mayor and City Council FROM: Director of Engineering RE: Florida Street Improvements f1�1'1:� 4r The improvement public hearing was held on April 12th to discuss the merits of surface improvements on Florida Street from T.H. 7 to the dead end of Florida Street. Following the public hearing, consideration of ordering the project was tabled until the April 26th meeting, pending consideration and recommendation by the Planning Commission concerning a proposed car wash on the east side of Florida Street. A site plan of the proposed car wash, which was submitted to the Planning Commission for consideration on April 19th, is •attached. Note that traffic ingressing and egressing the development will be contained on the site. An additional 30 feet of property on the West side of the parcel has been allowed on the site plan for roadway easement. A resolution ordering the improvement and preparation of plans and specifications is attached for the Council's consideration. Respectfully submitted, Q 11 LL .A Eugene derson birector of Engineering EA/pv attachments IE 1 ' � I Ot d rs -r e s.6' 1so EF+1L' F If e 0 yc, APRIL 25, 1988 HUTCHINSON CITY COUNCIL MAYOR: PAUL ACKLAND ALDERMAN: MIKE CARLS ` . PAT MIKULECKY JOHN MLINAR MARLIN TORGERSON PROBLEMS WITH FLORIDA STREET IN IT'S PRESENT CONDITION. 1. AT PRESENT IT IS 20 FEET WIDE AND IF YOU WANT TO TURN AROUND YOU HAVE TO DRIVE ON PRIVATE PROPERTY. (THIS PAST SUNDAY I OBSERVED A CITY COUNCIL MEMBER AND HIS WIFE TURNING AROUND ON FLORIDA STREET AND HE BACKED UP ON THE GRASS ON THE EAST SIDE OF FLORIDA STREET RIGHT NEXT TO A "KEEP OFF THE GRASS SIGN") 2. IF CITY VEHICLES NEED TO GET OFF OF FLORIDA STREET THEY CAN TURN AROUND ON PRIVATE PROPERTY OR BACK UP ONTO HIGHWAY 7 (THIS COULD BE VERY HAZARDOUS BECAUSE THE SPEED LIMIT IS 55 MPH.) 3. IF RESIDENTS ON FLORIDA STREET HAVE VISITORS THEY PARK IN THE STREET. THIS BLOCKS THE STREET, SO EMERGENCY VEHICLES CANNOT GET THROUGH. I HAVE BEEN A TAX PAYER IN HUTCHINSON FOR 19 YEARSII SHOULD BE ENTITLED TO EQUAL BENIFITS AS YOU ARE. SINCERELY, RICHARD ANIELSON f uC W//� 1445 FLORIDA STREET HUTCHINSON, MN. • AM RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS PROJECT N0. 88-30 RESOLUTION NO. 8761 WHEREAS, a resolution of the City Council adopted the 28th day of March, 1988, fixed a date for a Council Hearing on the improvement of Florida Street from T.H. 7 West to Approximately 384' North of the Centerline of T.H. 7 West by the Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 12th day of April, 1988, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 28th day of March, 1988. 2. Eugene Anderson is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such 40 improvement. Adopted by the Council this 26th day of April, 1988. City Administrator 0 Mayor (612) 587.5151 HUllifl' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 21, 1988 TO: Mayor and City Council FROM: Director of Engineering RE: Estimated Assessments for 3rd Avenue N.W. Project As directed by the Council at the April 12th meeting, estimated assessments have been determined for the railroad property and for parcels on the north side of T.H. 7, West of Kouwe Street Railroad Property The railroad property that is presumed to be assessable is on the north side of 3rd Ave. N.W. between Main St. and Glenn St. The assessable frontage is 697 feet, and at the estimated assessment rate of $55 per front foot for street reconstruction and storm sewer capacity improvements, the estimated total assessment would be $38,335. Property North of T.H. 7, West of Kouwe St. Drawings are attached showing the individual parcels on the northsideof T.H. 7 and their estimated assessments for storm sewer. The estimates are based on a rate of $0.10 per square foot for the storm sewer improvement only, for a total estimated assessment of $29,772.70. Of the total estimated project cost of $518,012, we estimate that $310,800 will be eligible for Municipal State Aid Funds. The remaining cost, estimated to be $207,212, must be either assessed or City Cost. Assessable frontage on the project is estimated to be 697 feet railroad, 922.5 feet residential use, and 2,572.5 feet commercial use. All of the frontage is zoned commercial/industrial. If the Council elects to assess residences and the railroad nothing, the assessment rate for commercial property would be about $80 per foot to arrive at zero City Cost. Otherwise, assessing commercial frontage at $55 per foot would result in a City Cost estimated to be $65,725. Re ectfully milted, • Eugene Anderson Director of Engineering EA/pv—� attachuent 46.60 47.30 m3 0 • < o c.� 4 � 6 • J r r cn 1550 Z 94.8 m 7 • �1 'G0`ot'0 �©gyp 2 ot 3��V p y,�• v • 92 CND qo ell FY`21 05C36 ,o- 0 " 1 Ga1C'n aC °V~ v 0<11 N 3J1/�� I� �O M 3�, '� ti o� f� 71 �` ac 4m fV�J 1^,�• N l 9 1 _ 1679! 0 m � n ire g Q, N (pit V(v 1504 ov (612) 587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 15, 1988 FOR YOUR INFORMATI� Mr. Jerry Ross Dakota Rail, Inc. 35 Adams St. So. Hutchinson, MN 55350 RE: 3rd Avenue N.W. Project Dear Mr. Ross: The City Council, at its April 12th meeting, ordered preparation of plans and specifications and taking bids for street and storm sewer improvements on 3rd Avenue N.W. from Main Street to T.H. 7. A contract could potentially be awarded in June, 1988, in which case I would expect construction to begin in July. As we have discussed and corresponded in the past, please prepare and provide me with agreements, permits and documents of whatever character that are needed to accomplish the following work: 1. Installation of storm sewer by open trenching on Lind Street at the railroad crossing. 2. Construction of a new street crossing the railroad tracks at James Street. This would provide for connecting Les Kouba Parkway to 3rd Avenue N.W. at James Street so that its present intersection at Glen Street can be closed. 3. Upgrading and raising the tracks on 3rd Avenue N.W. at Glen Street. The tracks have been marked with orange paint as an indication of where the new curb line will be located. As soon as practicable, please submit to me whatever documents that must be executed by the City so that I can make arrangements for same, with the intent that progress on a potential project will be expedited. Thank you. Sincerely, CITY OF HUTCHfINSON g en Anderson Director of Engineering EA/pv cc: Mayor and City Council 7 fir• CMAR1ES L NAIL. JR. "URA E. 7RET"IID DAVID A. BRUROOEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 21, 1988 ARNOLD & McDOWELL ATTORNEYS AT LAw 101 PARR PtwCE HUTCHINSON. MINNESOTA 53050 Mr. Eugene Anderson Director of Engineering 37 Washington Avenue West Hutchinson, Mn. 55350 (612)587.7575 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Obligation to Repair and Maintain Railroad Crossing Our File No. 3188-87-0033 SEES CEDAR LAME ROAD MINNEAPOLIS. MINNESOTA 5541e (019) EAS -9000 MN TOLL "BE 800.3A3 -*545 501 SOUTH TOURTM STREET PRINCETON. MINNESOTA 55371 (912)389.9914 Dear Mr. Anderson: As you and i have previously discussed, Minnesota Statutes Section 219.071 sets out the rights and responsibilities of various parties insofar as maintenance and repair of grade crossing services is con- cerned. That statute provides that it is the primary responsibility of the owner or lessee of the railroad track to keep such grade crossing services in good repair. The responsibility of the owner or lessee extends the full width of the public highway within the railroad track structure, generally assumed to mean within the rails. According to the Department of Public Safety, this statute is generally interpreted to mean that the City has the responsibility to maintain and repair the crossing up to the edge of the tie. As a practical matter, since both the City and the railroad usually have some obligation to repair the area, a joint effort is very com- mon. Evidence of that joint effort can be found in the amendment of Subdivision 2 of Section 219.071. Previously, that statute provided that the repair and maintenance costs were to be borne entirely by the railroad; it has been amended to provide that the cost of repair may be paid jointly by the owner or lessee and the road authority. DAVID E. ARNOLD CHARLES R. CARNIC HAEL MICHAEL B. L.EARON OARY D. WO*wE" TATE KNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. BOOK CMAR1ES L NAIL. JR. "URA E. 7RET"IID DAVID A. BRUROOEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 21, 1988 ARNOLD & McDOWELL ATTORNEYS AT LAw 101 PARR PtwCE HUTCHINSON. MINNESOTA 53050 Mr. Eugene Anderson Director of Engineering 37 Washington Avenue West Hutchinson, Mn. 55350 (612)587.7575 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Obligation to Repair and Maintain Railroad Crossing Our File No. 3188-87-0033 SEES CEDAR LAME ROAD MINNEAPOLIS. MINNESOTA 5541e (019) EAS -9000 MN TOLL "BE 800.3A3 -*545 501 SOUTH TOURTM STREET PRINCETON. MINNESOTA 55371 (912)389.9914 Dear Mr. Anderson: As you and i have previously discussed, Minnesota Statutes Section 219.071 sets out the rights and responsibilities of various parties insofar as maintenance and repair of grade crossing services is con- cerned. That statute provides that it is the primary responsibility of the owner or lessee of the railroad track to keep such grade crossing services in good repair. The responsibility of the owner or lessee extends the full width of the public highway within the railroad track structure, generally assumed to mean within the rails. According to the Department of Public Safety, this statute is generally interpreted to mean that the City has the responsibility to maintain and repair the crossing up to the edge of the tie. As a practical matter, since both the City and the railroad usually have some obligation to repair the area, a joint effort is very com- mon. Evidence of that joint effort can be found in the amendment of Subdivision 2 of Section 219.071. Previously, that statute provided that the repair and maintenance costs were to be borne entirely by the railroad; it has been amended to provide that the cost of repair may be paid jointly by the owner or lessee and the road authority. Mr. Eugene Anderson April 21, 1988 Page 2 Further, the statute railroad went out of be required to repair was amended so that in a situation where a business, a municipality could, but would not the grade crossing. Incidentally, the establishment of all new grade crossings must be approved by the commissioner as is more fully set out in Minnesota Statute Section 219.072. In reviewing my notes, I find some reference to a potential 'lease" apparently between the City and Burlington Northern. Any such lease or other establishment of a new grade crossing should be on file with the Commissioner of Public Safety. Incidentally, with regard to the railroad crossing on Huron Street, you should be aware that Minn. Stat. Section 219.08 provides that when a railroad company changes or raises the grade of its tracks at a crossing, it shall also grade the approaches on each side so as to make the approach and crossing of the tracks safe for vehicles. Under this statute, an argument can be made that most, although pro- bably not all, of the expense associated with correcting the crossing at Huron Street should be the expense of Burlington Northern or its successor, Dakota Rail. I am not aware of the details of the transfer between Burlington Northern and Dakota Rail, but I assume Dakota Rail is responsible for repair and maintenance of the track purchased from Burlington Northern and whether they use this crossing or not, based on the facts as I now know them, they would appear to have most of the expense associated with the main- tenance of this area. I hope this is responsive to your inquiry. If you have any questions with regard to this matter, please do not hesitate to con- tact me. Thank you. Very kt4r "ours, G. B)Uk Anderson GBA:lm 0 DAVID R. ARNOLD April 12, 1988 ARNOLD & McDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON. MINNESOTA 53350 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612)567-7575 RESIDENT ATTORNEY 0. SARRY ARD6RSON Re: Deferred Assessments and Other Assessment Problems Our File No. 3188-87-0019 and Our File No. 3188-87-0050 Dear Gary: 6661 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 66+16 (61E) 66.0000 MN TOLL FREE 800.3C3-4646 601 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55071 (616)366-4411 This letter will be a follow up to prior communication on the sub- ject of deferred assessments and specifically on the Twin Oaks assessment problem. We have spent a considerable amount of time over the course of the last month investigating the question of whether or not the City may have other avenues available to it for reimbursement for expenses incurred in the 1970 improvement project which resulted in installa- tion of storm sewer service. Our conclusion is in the affirmative with the caveat that there is not a great deal of law on this subject. We also conclude that it is appropriate for the City to proceed in an effort to collect some of the past cost incurred in installing the project. There are at least two methods by which recovery could be made. First, Minnesota Statute Section 429.051 states as follows: "The municipality may subsequently reimburse itself for all or any of the portion of the cost of a water, storm sewer, or sanitary sewer improvement so paid by levying additional cy' CRARLESR. CARMICRARI. MICEAEL a. LSDARON OARY D. M.DOMELL FAYE KNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. ROOF CHARLES L. RAIL. is. LUL R. FSETLAND DAVID A. ERDEOOEMARN JOSE" M. PAIEMENT JAMES UTLET April 12, 1988 ARNOLD & McDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON. MINNESOTA 53350 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612)567-7575 RESIDENT ATTORNEY 0. SARRY ARD6RSON Re: Deferred Assessments and Other Assessment Problems Our File No. 3188-87-0019 and Our File No. 3188-87-0050 Dear Gary: 6661 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 66+16 (61E) 66.0000 MN TOLL FREE 800.3C3-4646 601 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55071 (616)366-4411 This letter will be a follow up to prior communication on the sub- ject of deferred assessments and specifically on the Twin Oaks assessment problem. We have spent a considerable amount of time over the course of the last month investigating the question of whether or not the City may have other avenues available to it for reimbursement for expenses incurred in the 1970 improvement project which resulted in installa- tion of storm sewer service. Our conclusion is in the affirmative with the caveat that there is not a great deal of law on this subject. We also conclude that it is appropriate for the City to proceed in an effort to collect some of the past cost incurred in installing the project. There are at least two methods by which recovery could be made. First, Minnesota Statute Section 429.051 states as follows: "The municipality may subsequently reimburse itself for all or any of the portion of the cost of a water, storm sewer, or sanitary sewer improvement so paid by levying additional cy' Mr. Gary D. Plotz April 12, 1988 Page 2 assessments upon any properties abutting on but not previously assessed for the improvement, on notice and herein is provided for the assessments initially made..." The current owner of the property has never been assessed for the storm sewer project and thus application of this provision is appropriate. Further, there has never been an assessment levied against this property since the only reference to an assessment was a deferred assessment which was never imposed on the property pur- suant to Chapter 429 of Minnesota Statutes. Any assessment under this provision is subject to the typical rules of governing special assessments such as a requirement that benefit to the property owner exceed the amount accessed in terms of market value. Anderson vs. Cit of Bemid'i, 295 N.W. 2d, 555 (Minn. 1980). In addit on, the City s presum to have established the special assessment legally until the contrary is established. Carlson -Long Realty Company vs. City of Windom, 240 N.W. 2d, 517 (Minn. 1976). It is interesting to note that in this case the recovery of past cost will result in a smaller figure than the original assessment which will, of course, make proving benefit significantly easier. The second avenue for collection of these costs and expenses is the imposition of use, availability and/or connection charges. The City of Hutchinson does have an ordinance that governs this subject which is identified as Section 280.20 'Connections of Sewer and Water Mains to Lands. Not Assessed for Cost of Construction." That ordi- nance specifically provides that no person in possession of property fronting a sewer or water main shall connect with the same or any other public sewer or water main unless: 1. The property to be benefited has been assessed; 2. The person owning the property shall first pay into the treasury a sum of money calculated on a per foot basis as was assessed against other property owners, together with interest from the date of construction to date of payment, providing that the amount shall in no case exceed the cost of constructing a six inch sewer or water main in front of the property at the time of connection. 0 Mr. Gary D. Plotz April 12, 1988 Page 3 This would appear to be a connection charge. Connection charges are specifically authorized by Minn. Stat. Section 444.075(3) which pro- vides as follows: "Charges for tion of the tion of the the premises ses, as well connection." There is some case charges. See, for City of Lakeville, Of Maplewood, 326 connection to the facilities may in the discre- governing body be fixed by reference to the por- cost thereof which has been paid by assessment of to be connected in comparison with other premi- as the cost of making or supervising the law upholding validity of such connection example, Crown Cor and Seal Com an inc 313 N.W. 2d, 196 (Minn. 1981); Nor gren v N.W. 2d, 640 (Minn. 1982). At this point I would recommend associated with the construction current owner of the property or vection fee pursuant to Section 10 Ordinances. Although it may not due process hearing in the natur held regardless of which alterna particularly true in view of the dispute. attempting to collect past costs of this improvement from the in the alternative to assess a con - 280 of the Hutchinson Municipal strictly be required, I believe a e of an assessment hearing should be tive is selected and I think this is amount of money involved in the I hope this is responsive to your inquiry. Thank you. Best personal regards. Very try yours, G. 41*ry Anderson GBA:lm DAVID R. ARNOLD CHARLES R. CARMICHAEL MICHAEL H. LZOARON GARY D. M-DOWBLL PAYE ENOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOOK CHARLES L. NAIL, JR. LAURA E. PRETLAND DAVID A. BRUE006MA2WN JOSEPH M. PAIEMENT JAMES UTLEY April 5, 1988 AiRNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612)587-7575 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Twin Oaks Assessment Problem Our File No. 3188-87-0050 Dear Gary: 5881 CEDAR LANE ROAD MINNEAPOLIS. MINNESOTA 55618 (612) 545-9000 MN TOLL FREE 800-343-4545 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (612)359-2214 /45678g�vi APr 3588 w RECEIVED By_ v) Enclosed herewith please find a drafit copy of the Release of All Claims in connection with the Twin Oaks Subdivision problem. This document should probably be approved\by the Council even though venthough they 16 have previouZy approved a terms o'a se_ttlefent._I __don't believe any--disCIIssion or cowmen wi be necessary since the document merely reflects the agreement previously reached between the City's insurance carrier for this particular claim, National Casualty Insurance Company, and the City of Hutchinson. If you have any questions with regard to this matter, please do not hesitate to contact me. Thank you. 0 DAVID R. ARNOLD HASLER R. CARMICHAEL [CRUEL E. L.RARON DART D. M�OO..ELL PATE KNOWLES STRVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. ROOK CHARLES 1. NAIL, JR. LAUL R. PRETLAND DAVID A. RRUEOORMANN JOSEPH M. PAIKMKNT JAMES UTLEY April 5, 1988 ARNOLD & MGDOWELL ATTORNHYs AT LAw 101 PARR PLACE HUTCHINSON. MINNESOTA 55350 National Casualty Company 8370 East Via De Ventura Scottsdale, Arizona 85258 Attention: Mr. Parker (912) 567-7575 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Claim No. 57762-46 Insured: City of Hutchinson Policy No. P0520194 a P0622103 Claimant: William Holmquist our File No. 3188-87-0050 0 Dear Mr. Parker: • 5331 CEDAR LARS ROAD MINNEAPOLIS. MINNESOTA 55410 (512) 545.9000 MN TOLL FREE 300-343.4545 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA SSOT (312)339.2214 I have contacted Ken Merrill, the City of Hutchinson Finance Director and he advises me that the City of Hutchinson tax identification number is as follows: 41-6005253. I am also enclosing herewith a draft copy of the Release as we discussed. If you have a problem with the draft copy, let me know, otherwise I will secure City Council approval of it at the first meeting in April. Thank you. Very truly yours, ARNOLD S McDOWELL G. Barry Anderson GBA:lm Enclosure CC Q#ry D. Plots t+02' 0 RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS, that the CITY OF HUTCHINSON for Five Thousand and no/100 Dollars($5,000) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does for and on behalf of themselves and their heirs, executors, administrators, successors and assigns, agree to and hereby does release, acquit and forever discharge National Casualty Company and their heirs, executors, administrators, successors, and assigns and each and all thereof, of and from any and all manner of action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unliquidated, fixed, con- tingent, direct or indirect, which the City of Hutchinson or their . heirs, executors, administrators, successors or assigns ever had, has or even can, shall or may have or claim to have against National Casualty Company and their heirs, executors, administrators, suc- cessors, or assigns, for upon or by reason of any matter, act or thing prior to the date of this general Release, including, without limiting the generality of the foregoing, any and all claims which were asserted or could have been asserted relating specifically to all claims relating to a deferred assessment against property now known as the Twin Oaks Subdivision, which assessment originally came from Assessment Roll No. 33. This Release is specifically limited to the kA • . claim made by William Holmquist, owner of the subject property, as that claim relates to Assessment Roll No. 33 and the deferred assessment previously of record against the above described property. The City by this Release releases only National Casualty Insurance Company and does not release any other person, organization or indivi- dual who may ultimately be responsible for payment of a portion or all of the expense of installing the storm sewer and other improvements for which Assessment Roll No. 33 was originally adopted. IT IS SPECIFICIALLY UNDERSTOOD and agreed that the payment and acceptance of the consideration hereinbefore recited is in full, final and complete compromise, settlement and satisfaction of disputed claims; the same does not constitute and shall not be construed as, any admission of liability or fault whatever, and there are no cove- nants, promises, undertakings or understandings outside of this Release nor other than as hereinbefore specifically set forth. THE UNDERSIGNED, by execution hereof, states that this Release has been read by them or to them by their legal counsel, and that the under- signed understands and fully agrees to each, all and every provision hereof, hereby acknowledging receipt of a copy hereof. Dated: , 1988. CITY OF HUTCHINSON Attest: Gary D. Plotz City Administrator 2 By Paul L. Ackland Mayor DAVID R. ARNOLD RARLRR R. CARMICHAEL ICHAEL R. LXBARON GARY D. MCDOWZLL PAYE KNOWLES STEVEN A. ANDERSON O. "ANY ANDERSON STEVEN S. BOOK CHARLES L. NAIL, JR. LAURA E. PRETL&ND DAVID A. RRUEGOEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 19, 1988 0 ARNOLD & McDOWELL ATTORNEYS AT LAW lot PARK PLACE HUTCHINSON, MINNESOTA 55050 Mr. Steven L. Ward McGraw & Ward, P.A. Citizens Bank Bldg. Hutchinson, Mn. 55350 (612)567-7575 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Assembly of God Assessment Our File No. 3188-87-0050 FOR YOUR INFORMATION SEMI CEDAR [ARE EGAD MINNEAPOLIS. NINNESOTA Sete IeIR) a -8000 MN TOLL PEES e00.O�0-µe SOI SOUTH PODRTR STREET PRINCETON. MINNESOTA 55071 4012) 389-2014 '16 1819 Z02� 4 SPR 1988 EECF,jyjD By Dear Steve: This letter is in response to your "demand letter" served on this office three days before the last City Council meeting in which you demanded an immediate response to your request for vacation of the deferred assessment currently of record against property owned by the Assembly of God church. Your letter also makes reference apparently to property owned by John Miller, and it is not clear to me from reading your letter whether that is a separate claim or part of the claim you make on behalf of the Assembly of God. Regardless, while I acknowledge you have on at least one prior occa- sion mentioned that you felt the Assembly of God should not have to pay the deferred assessment, I was surprised to discover that you had a specific time frame in mind for resolution of that issue. In the future, communication on issues such as this would be helpful. I think it appropriate at this time to make several points. First, no one is entitled to relief from a deferred assessment merely because a deferred assessment was missed in a search. Put most simply, at a minimum, to even reach the level of arguing whether or not the City Council is going to consider vacation of a deferred assessment, a property owner must demonstrate that the owner detri- mentally relied upon the assessment search in purchasing the pro- perty. Of course, there would also need to be damages established `I k Mr. Steven Ward April 19, 1988 Page 2 by the property owner. What made the Holmquist situation unique is that the missed assessment happen to come at a time while a purchase agreement was being negotiated and as a consequence of the missed assessment, the damages to Holmquist were clear and distinct. In the case of the Assembly of God, I doubt very much if the same clear set of facts present themselves, but of course I will wait for your correspondence on this issue before responding. The second point that you should be aware of is that a deferred assessment is just that; an assessment deferred by law against a parcel of property. It technically is not even a lien against the property, although title companies as a general rule treat it as such. Deferred assessments may or may not be activated and may or may not be activated during the period of time Assembly of God owns the property. In some respects, a deferred assessment is anullity; it has no meaning standing by itself. The City Council can choose, and has in fact chosen in the past and will do so again in the future, to seek to collect costs associated with the construction of municipal improvements without using a deferred assessment procedure. Alternatively, by mun cipal ordi- nance (Section 280), the Council may choose to assess a hookup charge if your client, or any property owner, seeks to receive bene- fit from installed municipal improvements without paying for the same. While the amounts charged under each theory may differ, the fact remains that even if your client in this case or any other case succeeds in having the deferred assessment vacated, the City is unlikely to allow the property owner to receive the benefit of the improvement, without attempting to recover some of the costs expended in creating the benefit. To do so would award a windfall to the property owner at the expense of the taxpayers of the City as a whole. Please note that with respect to the connection charges, or cost recovery methods, notice is not required and those amounts can essentially be charged at any time. The cost recovery method would be treated as an assessment with appropriate notice given under Chapter 429, while the connection fee approach would result in payment prior to agreement allowing your client, or the affected property owner, to hookup to the City system. I look forward tolhearing from you. Best personal regards. Very E G. B)&AYderson GBA:lm CC Gary D. Plots April 19, 1988 Honorable Mayor and Council Members The city pumper we are having refurbished will also get a new two way radio. The radio we going to buy will cost $2,640.00 Installed. If we order the radio now and have it delivered when the truck is done in August we can get it on a state bid for $2,172.00. I am requesting a purchase order be drafted and sent to Motorola. Sincerely, Brad Emans Asst. Chief A.F.D. 0 PURCHASE REQUISITION CITY OF HUTCHINSON 0 fAN TMENT - r SUBMITTED BY - Eman� DATE - 4-L L ONG LL ITY LAST IA PURCHASE ORDER NO. DATE WANTED - Av vt4 1988 DIRECTOR CITY ACCOLNTART VED - II&L. VENDOR ADDRESS /`1o+ovv Ia Corn ;ons 2s55 Gp,-Ia Lae or4- 010 's .Kner P} m + MA) Ss 4yf- UNIT OF QUANTITY MEASURE UNIT COST TOTAL I r 1 Check if only source available. GRAND TOTAL VENDOR ADDRESS UNIT OF ANTITY MEASURE DESCRIPTION UNIT COST TOTAL I GRAND TOTAL *ADDITIONAL QUOTES $ COMMENTS ON REVERSE SIDE S r X R a,d '2172 00 I -F, s I I r 1 Check if only source available. GRAND TOTAL VENDOR ADDRESS UNIT OF ANTITY MEASURE DESCRIPTION UNIT COST TOTAL I GRAND TOTAL *ADDITIONAL QUOTES $ COMMENTS ON REVERSE SIDE mot �A ' a �T...- � r� i . Mwoo K 0.07 t, ye 4 t St Vic. l 1.. a d I I I k w t, ye 4 t St Vic. l 1.. a S. I Ll E (612) 587.5151 f/U1CN' CITY OF HUTCHINSON 37 WASHINGTON%ENUE IAih+: F HUTCHINSON, MINN. 55350 APRIL 21. 1988 TOo MAYOR & CITY COUNCIL ------------------------ FROMi KEN MERRILL, FINANCE DIRECTOR SUBJECTi COST OF POLICE FACILTIY CUSTODIAN As proposed by Chief Madson, the person would be paid $8.02 per hour. Since the person would be both a custodian and parttime police officer but a full time position the cost would be as 4ollowso (This assumes a May 1 start) Wages $119228 FICA 843 PERA 477 Insurance (single cover.) HEALTH 480 DENTAL 91 LIFE 42 LTD 43 1988 TOTAL COST 13,208 Because the person would be used as a part time office, Chief Madson would need $109065 from contingency dollars. The parttime wages would be carrying the balance for 1988. I have attached the contingency line item break down at this time for your information. CITY OF HUTCHINSON CONTINGENCY 1988 TOTAL BUDGETED APPROPRIATED 12/22/87 HERTIAGE CENTER # 5.000 1/12/88 COST OF LIVING # 33.054 1/26/88 CIVIC ARENA FIRE PROTECT # 1.300 2/23/88 POLICE/GADGETS LEATHER LIGHTS # 4.242 3/28/88 AIRPORT LAND PURCHASE**** # 10.000 4/12/88 JAYCEES - CARNIVAL # 1.000 HEALTH & FITNESS STORM SEWER # 275 1988 MERIT ADJUST 1987-#13.000 TOTAL APPROPRIATED AVAILABLE ***** AIRPORT WILL BE PARTIALLY REIMBURSED # 130.000 # (54.871) ------------ # 75.129 0 0 • (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 8, 1988 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: CITY ADMINISTRATOR, PERSONNEL COORDINATOR, POLICE CHIEF RE: CUSTODIAL POSITION FOR POLICE DEPARTMENT We have advertised for a part time custodian for the police station - 20 to 30 hours per week. Five applications were received. Of these, one was outstanding, with experience in plumbing, heating and custodial work. The individual, Chuck Brill, is a long term part-time employee of the city, serving as a part-time licensed officer. The additional hours would create a full time situation, and for this reason the council is being consulted regarding the position. It is becoming increasingly important to maintain part time police officers because of the full time officers' tenure situation. Vacation earned/used is such that it requires a position equal to a full time officer to cover vacation hours. Additionally, it is becoming increasingly difficult to hire and maintain part time police officers. We would have a person qualified as a custodian for 30 hours of building maintenance as well as having a qualified part time peace officer to augment the full time force. Emphasis should be added on the fact that this position is and shall be maintained as a custodial position with the part time peace officer being secondary in importance. Since this is a long term employee, he is also very much aware of the operation of the police department and the need for confidentiality,and he has a desire to effectively maintain the building. It is recommended by the police chief, personnel coordinator and city administrator that Chuck Brill be selected for the custodial position at the police building. (612) 587.5151 ff ITY OFHUTCHINSON WASHING TON AVENUE WEST CHlNSON, MINN. 55350 MEMORANDUM DATE: March 17, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit as requested by Jeff Munsell for a Car Wash Pursuant to Section 6.05, C5, 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 January 29, 1988, Jeff Munsell, submitted an application for a conditional use permit to allow him to construct a 4 -bay car wash on property located on Hwy. 7 West. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, February 16, 1988, and continued Tuesday, March 15, 1988, at which time there was one neighbor present objecting to the request. FINOINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, February 4, 1988. 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 provided it meets setbacks and ordinances in C-4 district including Sec 10.03, Car Wash Establishments, prior to the building permits being issued. 0 Respectfully submitted, Thomas Lyke, Chairman Hutchinson Planning Comnisson i; C Certificote of Survey for Excelsior Homes West, Inc. N -150.00- In L = - _ :_ — a1' ��'►�... ,X_4j jaw esla 11 e6'IS.. --- 100.73 y9 7 , ae7g6.04 o fo. of 1p � C w ,w w' w IBIS =r S TOTE H+s+ir'Call w DESCRIPTION That part of Government Lot 4, Section 35, Township 117 North, Range 30 West, described as follows: Beginning at a point on the south line of said Government Lot 4 a distance of 650.00 feet vest of the southeast peg orner of said Government ° yr,"b Lot 4; thence north 430.00 feet; thence vest 150.00 feet; thence south 430.00 feet; thence east 150.00 feet to the point of be- ginning. A.Pat3enti 9.ryA•re45 Caeb t perrl ba. .. Pel, Reytesc•.,� A 4,0' Fe ke 4b� RCP4ese4ts A 30' Feic: 38 foa4;-5 sr,,Ls pa-+. e0 %b PAFeL+5 Stn,L; Rtoo 9A•20 /7vA SAC.,i9 RCO u rel IMa W:LL de S, -150.00.- South line of Gov't Lot 4, Sec. 35, T. 117 N., R. 30 W. ,SW cot. of Sec. 35 7 -650.00- '- ..�_.._t SE for. of Gov't Lor 4% ISE car. of Sec 351 e denotes iron monument found. TOTAL AREA a 64 494 SO. FT. a 1.46 ACRES o denotes Iron maeJment set. AREA NORTH OF HWY R/W •47035 SO. FT. 1/2 inch by 14 inch Iron pipe a 1.08 ACRES 0 0 PELLINEN LAND SURVEYING V scales 1 IMh - 50 feet. ? b7 Net ar Under At direct sperYialon and Mat I se a duly m J , O n0 r i 0 I —1 Friss• TelphaM 567-4769 V /L! �� S�� %,B ed=: Date Februe,Y 26, 1966 d I lFtKs o` e n d Zs 1 Ser- 3 O Lee cl � O N N LL • L = - _ :_ — a1' ��'►�... ,X_4j jaw esla 11 e6'IS.. --- 100.73 y9 7 , ae7g6.04 o fo. of 1p � C w ,w w' w IBIS =r S TOTE H+s+ir'Call w DESCRIPTION That part of Government Lot 4, Section 35, Township 117 North, Range 30 West, described as follows: Beginning at a point on the south line of said Government Lot 4 a distance of 650.00 feet vest of the southeast peg orner of said Government ° yr,"b Lot 4; thence north 430.00 feet; thence vest 150.00 feet; thence south 430.00 feet; thence east 150.00 feet to the point of be- ginning. A.Pat3enti 9.ryA•re45 Caeb t perrl ba. .. Pel, Reytesc•.,� A 4,0' Fe ke 4b� RCP4ese4ts A 30' Feic: 38 foa4;-5 sr,,Ls pa-+. e0 %b PAFeL+5 Stn,L; Rtoo 9A•20 /7vA SAC.,i9 RCO u rel IMa W:LL de S, -150.00.- South line of Gov't Lot 4, Sec. 35, T. 117 N., R. 30 W. ,SW cot. of Sec. 35 7 -650.00- '- ..�_.._t SE for. of Gov't Lor 4% ISE car. of Sec 351 e denotes iron monument found. TOTAL AREA a 64 494 SO. FT. a 1.46 ACRES o denotes Iron maeJment set. AREA NORTH OF HWY R/W •47035 SO. FT. 1/2 inch by 14 inch Iron pipe a 1.08 ACRES 0 0 PELLINEN LAND SURVEYING 1 Ileraby certify Mar MIs surveys pian or rpart as Prpared scales 1 IMh - 50 feet. b7 Net ar Under At direct sperYialon and Mat I se a duly 0 72 MutcUlnson. MInM4ata Licensed Land Ser•etor wear the lws of the state of MlMewta. r 1 ensMw q� I St a,L O TelphaM 567-4769 V /L! �� S�� %,B ed=: Date Februe,Y 26, 1966 O o` q'GAI Willard Po111Mn. Liaanse No. 9626 d Zs 1 Ser- 3 L = - _ :_ — a1' ��'►�... ,X_4j jaw esla 11 e6'IS.. --- 100.73 y9 7 , ae7g6.04 o fo. of 1p � C w ,w w' w IBIS =r S TOTE H+s+ir'Call w DESCRIPTION That part of Government Lot 4, Section 35, Township 117 North, Range 30 West, described as follows: Beginning at a point on the south line of said Government Lot 4 a distance of 650.00 feet vest of the southeast peg orner of said Government ° yr,"b Lot 4; thence north 430.00 feet; thence vest 150.00 feet; thence south 430.00 feet; thence east 150.00 feet to the point of be- ginning. A.Pat3enti 9.ryA•re45 Caeb t perrl ba. .. Pel, Reytesc•.,� A 4,0' Fe ke 4b� RCP4ese4ts A 30' Feic: 38 foa4;-5 sr,,Ls pa-+. e0 %b PAFeL+5 Stn,L; Rtoo 9A•20 /7vA SAC.,i9 RCO u rel IMa W:LL de S, -150.00.- South line of Gov't Lot 4, Sec. 35, T. 117 N., R. 30 W. ,SW cot. of Sec. 35 7 -650.00- '- ..�_.._t SE for. of Gov't Lor 4% ISE car. of Sec 351 e denotes iron monument found. TOTAL AREA a 64 494 SO. FT. a 1.46 ACRES o denotes Iron maeJment set. AREA NORTH OF HWY R/W •47035 SO. FT. 1/2 inch by 14 inch Iron pipe a 1.08 ACRES 0 0 PELLINEN LAND SURVEYING 1 Ileraby certify Mar MIs surveys pian or rpart as Prpared scales 1 IMh - 50 feet. b7 Net ar Under At direct sperYialon and Mat I se a duly 0 72 MutcUlnson. MInM4ata Licensed Land Ser•etor wear the lws of the state of MlMewta. Bae " 17 TelphaM 567-4769 V /L! �� S�� %,B ed=: Date Februe,Y 26, 1966 Willard Po111Mn. Liaanse No. 9626 Job nuaber sell - P „ "r ra —1 Exlr s _. f -si-o' _ '"sc , `roso`�zo�o'- ae=o' •ze'-e� _to�n'..•:te-o'.;: ._ , , 00 Z �Or t �• ..+fir.. bQ�lINy •�'x JJ 41'.-i rM 1i�� Yrr'.. ',i��.��..� j �, .i �. �r r .r:. •r :. t..i.. �•A1n r�rnr.T\1w' - v F r DAVID IL AENOLD CHARLES L CARMICRAEL NICRASL S. LASARON DART D. WDOMELL PAYS ENOw1RS. STEVEN L "DENSON D. SASSY ANDERSON STEVEN S. BOOK CRAWAS L RAIL JR. LDL S. PSSTIJ.ND DAVID A. MIND DOMAINS JOSSPR M. PALRMSNT JAMES OTLEY April 15, 1988 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARR PLACE HDTCNINSON. MINNESOTA 55350 Dr. Thomas Lyke 945 Echo Drive Hutchinson, %n. 55350 (812)587-7575 RESIDENT ATTORNEY O. DARST ANDERSON Re: Munsell Car Wash Our File No. 3188-88-0061 Dear Dr. Lyke: POR YOUR NFORMAT)ON NSI CEDAR "RE ROAD MINNEAPOLIS. NOM ESOTA XSAIII (ele)SAS-SOoO MN TOLL PREF e00-Otl •4645 501 SOOTR POCRIR STREET PRINCETON. NINNESOTA 56071 (e12)3eR-SW4 At the request of the City Building Inspector, James Marka, I have investigated certain legal issues relative to the car wash facility. In arriving at the opinion expressed in this letter, I have con- sulted with James Marka, Eugene Anderson, Hutchinson City Engineer, and Richard Danielson, a concerned resident. In addition to reviewing the zoning ordinance, I have reviewed rather extensive written material prepared by Mr. Danielson which thoroughly outlines his position. In addition, I have reviewed the site plan prepared by a certified architect and I have also reviewed memoranda to and from the building department regarding the proposed facility. As to all but one issue, I believe it isclearthat the car wash as proposed meets the applicable Hutchinson City Zoning Ordinances. The setbacks appear to be appropriate, fence location is as required by ordinance and the facility itself appears to be appropriately located on the site. The one issue about which there has been significant discussion con- cerns parking and "stacking" requirements. It is important to note that the Hutchinson City Zoning Ordinance does not define anywhere what is meant by the term •stacking" and thus, there is no way to divine the original legislative intent at the time the ordinance was adopted. In reviewing the parking Y` F, 0 0 0 Dr. Thomas Lyke April 15, 1988 Page 2 situation, it appears that the site plan as drafted by the architect has bunched or otherwise located together various parking spaces. The property located around the car wash is zoned C-4, not C-1, and therefore in addition to the area specifically allotted for stacking parking spaces, an additional 20 feet is available. The City of Hutchinson has consistently interpreted parking space requirements on a square footage basis. The square footage available for parking for the facility in question is more than ade- quate. The building department does not place any special interpre- tation on the phrase "stacking," while one of the neighborhing property owners believes that the stacking requirement should require sufficient space to have four cars lined up in a row outside each washing bay. There is no authority for that position in the City Ordinance. Since the word "stacking" is not defined, the building department reasonably relies on past practice. I am not evaluating the wisdom, or lack thereof, of constructing the facility in question. The only question I can properly address is whether or not the facility meets the requirements of the municipal zoning ordinance. while multiple interpretations are possible, it is my conclusion that the most appropriate interpretation of the ordinance is the one adopted by the building department. Generally, zoning decisions by a community are not subject to attack unless they are arbitrary, capricious and unreasonable. In approving the pian as prepared by the architect, the City in this case would be acting consistent with oast practice and it is unli- kely that a challenge to the City's actions would be overturned as arbitrary, capricious or unreasonable. On the other hand, to deny the property owner the use of his pro- perty in the manner he has proposed might be somewhat more problema- tical since he meets or exceeds all of the appropriate standards as usually interpreted by the City. It should be pointed out, however, that the City does have broad discretion in zoning matters and it is not certain that a challenge by any party would be successful. In summary, it is the conclusion of this office that the plan as prepared by the certified architect does meet the existing zoning 9 Dr. Thomas Lyke April 15, 1988 Page 3 ordinance. If you have any questions with regard to this matter, please do not hesitate to contact me. Thank you. Very truly yours, ARYBarrAnderson DOWEL G. GBA:IM CC Richard Danielson James Marka Mike Carls Gary Plotz 0 (612) 587-5151 yvmY" CITY OF HII7 HINSOJV 37 WASHINGTON AV EST _- H(JTCHINSON, MINN �50 / April 6, 1988 %. k / Mr. Barry Anderson 101 Park Place Hutchinson, MN 55350 Dear Barry, Attached is a copy of Jeff Munsell's proposed car wash submitted for your legal opinion. Mr. Munsell will provide the following at the planning commission meting: 1) Registered Land Survey 2) Performance Agreement Statement 31 Architectural Building Drawings 4) Petition requesting denial of improvements on Florida Street from abutting property owners An easement for the 30' of right-of-way from Mr. Munsell and 1010" from the west side property owners will be obtained by the City Engineer prior to any improvements on Florida Street. I have reviewed Mr. Munsell's site plan and,in my opinion, find that it does meet the intent of the zoning ordinance. Please note the following explanations for my opinion: -- — - - - - --- 1) Curbing - not necessary - there is no landscaping area. The 6' - 0" fence has been chosen by the applicant versus the planting, which should be acceptable and most economical 2) Stacking - appear adequate by area 3) Vacuum area - to be placed on the north side so it is shielded from public view. If you have any questions, please call me. Best regards, ames G. Marka Building Official cc: Tom Lyke Eugene Anderson Gary Plotz Richard Danielson �! JWpk attachment II 1 �, ww.e . � { • 1 ,. .rJ' 1r LI ilwa 1, A.vr r .ictys. 1 Gi u7rd (r Irs ad 73 .,.so,Otte% I YYY •.y .M (. ly L d � tI ten, 4,nr '� "� ` I 4 rm A •` f �T �f �� .. L' I r � �. \;. ` I . — . �I ` � ` 4 -'� fry '�..��,, •P viiF � ,� :.,r .:K", � •,� ?'ti_• " � y -. t w ..`„r •w7F PROE115E0 � r �-� �� r ,n�sr i, .) , -.2+i i 6L '�'...1 -I.• •li 4 •'{`fir is r r I a• dA4.t4. I aw2,AW �. �'A. �/r, „� a" iM r- ` I `y.. ,R1.µ'-2^f"".. ��Il� I`.—' .v. *M � ..•'nCf .+f � � T'- 5 , H �;4., � _ M1I 477 �� -V-)r r '1':. � � ,L'� ..• I - - __ -.-- 7 \ C(^riiF'--^ hi ��'a^ir".` M; e•,�5k f i � �� • [moi �x M+.`f1J .. ti ter, I i :.. \ ��„ k'. Y � �E'"+'G:-• ra, Ar44RCi �j•-u�Ma ?'S} .Q��t ) LT SLT C • , acv .4 ir0�'M •' `,o+'^µ .+�/`-.w.• (I aI RESOLUTION NO. 8729 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF CAR WASH LOCATED ON HWY 7 WEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Jeff Munsell of Hutchinson has made application to the City Council for a Conditional Use Permit under Section 10.03 of Zoning Ordinance No. 464 to allow the construction and operation of a car wash on property located on Hwy 7 West, with the following legal description: Commencing at a point 650 feet West of the Southeast corner of lot 4 in Section 35, Township 117, North of Range 30 West: thence North 430 feet; thence West 150; thence South 430 feet; thence East 150 feet to point of commencement, except Railway; subject to easements of record. 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 upon the findings set forth above. Adopted by the City Council this 26th day of April, 1988, ATTEST: Gary D. Plotz . City Administrator Paul L. Ack and Mayor r¢ CC (612) 587.5151 FCITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 20th, 1988 T0: Mayor and City Council FROM: Director of Engineering RE: Calcium Chloride Treatment on Les Kouba Parkway The Street and Engineering Departments have studied the feasibility of applying liquid calcium chloride on Les Kouba Parkway. Calcium chloride does afford a short term solution to dust problems and can also provide a more stable riding surface. The disadvantage of its use is that, in most cases, maintenance grading of the roadway will result in loss of the chemical and its intrinsic ability to control dust, with associated economic loss. Application of calcium chloride to the center 16 feet of the roadway for its entire one mile length will cost an estimated $2,100. This estimate is based on information provided by Dust Coating Inc. of Maple Fk ain, MN, and includes the cost of materials and application by them. No money was included, nor is available, in the 1988 Street Maintenance Budget for this work. Present average traffic volumes on Les Kouba Parkway lead us to estimate that one application for $2,100, will be effective for a maximum time period of one month. Direction of the Council is requested. Respectfully submitted, @igen derson Director of Engineering EA/pv E 0 • 41 (612) 587-5151 ITY OF HUTCHINSON /ASHINGTON AVENUE WEST .HlNSON, MINN. 55350 MEMORANDUM DATE: April 26, 1988 TO: Mayor $ City Council FROM: . Water Billing Dept ------------------------------ SUBJECT.• Delinquent water and sewer accounts for April ------------------------------ Attached is a listing of the delinquent water and sewer accounts for the month of April. Recommend water service be discontinued on Monday, May grid, 1988 at Noon. David Norton James Hansen Chris Johnson 565 Fourth Av SW 810 Dale St 626 Harmony Lane Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 565 Fourth Av SW 810 Dale St 626 Harmony Lane 2-070-0565-081 2-350-0810-023 2-465-0626-081 82.05 30.00 78.60 Promises 4/29/88 Promises 5/04/88 Robin Osland Brad Burich E Duesterhoeft 706 Harmony Lane 540 Harrington St 715 Harrington St Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 706 Harmony Lane 540 Harrington St 715 Harrington St 2-465-0706-012 2-470-0540-044 2-470-0715-031 46.49 79.27 147.48 cc: kion McGraw Promises 4/13/88 Citizens Bank Bldg Hutchinson MN 55350 Verdi Christenson Lee Van Kley Darol Wylie 522 Jackson St 948 Lewis Av 400 Lynn Rd Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 522 Jackson St 948 Lewis Av 400 Lynn Rd 2-555-0522-041 2-635-0948-042 2-670-0400-017 140.60 30_00 112.76 cc: Larry Bethke Promises 4/29/88 1000 Hwy 7 W Hutchinson MN 55350 Keith Krommenhoek Mark Mc Curdy Gene Burch 544 Madson Av 315 E Pishney Lane 804 Sunset St Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 544 Madson Av 315 E Pishney Lane 804 Sunset St 2-675-0544-031 2-805-0315-032 2-925-0804-061 216.09 209.48 168.15 Promises 5/02/88 i sof... (612) 587.5151 yUrcH= C" Y OF HUTCHINSON 37 WASH/NG TON AVENUE WEST HUTOHINSON, I✓IMN. 55350 APRIL 26, 1988 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: COUNTY PROGRAM FOR CHLORIDE TREATMENT We have contacted McLeod County Highway Department regarding their dust control program. It is possible for the city to pay $35 / 100 ft for 2 applications. Cost for the city would about $19848. for a one mile gravel road. If approved by the city council a check would need to be issued for payment in advanced. (612) 587-5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 19, 1988 TO: _MayLar.&_City -Council ___---------------- FROM: —Qw X.UQtz....City—Administrator. — — — — — — — — — — — — SUBJECT: —Hutchinson .Poli.ce-Station- —Allied Nechanical.Requeat.-far— Compensation Allied Mechanical has requested to be placed on the agenda regarding compen- sation of $3,775.00 as a result of their error in bidding package #36. The attached letter dated April 6, 1988 presents the request (with attach- ments). I have recommended to Clint Knorr that he be at the meeting to answer any questions. Regarding this particular change order, it is generally agreed by all parties that the error by Allied was not caused by either C.A.M. or the architect(s). /ms cc: Clint Knorr, Allied Mechanical Jim Marks, Bldg. Official Steve Madson, Police Chief Ken Merrill, Finance Dir. L� 340 Michigan Hutchinson. MN 55350 OF MYTCHINSON.INC. April 6, 1988 Mr. Gary Plotz, City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Hutchinson Police Station Dear Gary: Telephone: (612) 587.7930 A brief recap of the bidding documents is necessary to understand how Allied Mechanical Systems did not include the refrigeration piping in the appropriate bid category. Bid Package #36 did not include section #15651. Bid Package #34 did include section #15651. It is our contention the City has not paid anyone on this project for the refrigeration piping section #15651, and we see no reason why they should not pay for this item. With the $3,775.00 added to our Bid Package #36, we would have still been low bidder. Our bid price would have been $46,045.00, which would have been $1,955.00 lower than any other bidder. We also wish to point out that C.A.M. reviewed all these bids for the City, and it is quite apparent what bid category section #15651 is in our bids. This should have been brought to our attention much earlier in the project. Yes, we made a mistake in what bid package we included Section #15651. But, the City has not paid anyone for this section and we feel it's reasonable to ask that we be paid for this section of work. Sincerely, Allied Mechanical Systems of Hutchin o Clint Kn r Chief Executive Officer CK:blo enclosures PkwW4m9 • Heating • Shm MON • Pbe Prolechm • hWuehiel Piping 0 HUTCHINSON POLICE STATION BID TO: CITY OF HUfCMSON, MROMMA BID FROM: Allied Mechanical Systems of Hutchinson, Inc. BID FOR: HUTCHINSON POLICE STATION - HUTCHINSON, MINNESOTA A portion or portions of work described as: The Bidder agrees to perform all of the Work for the following Trade Contract Category: Section 15190 (internal only) 15800, 15810, 15825, 15830, 15840, 15860, (sections 15010, 15050, 15060, 15094, 15990 HN.A.C. - as required per section) Parts 1-2-3 (labor and materials) Insert Trade Contract Category description - Refer to Section 01010). If you are submitting a combination bid for more than one Trade Contract Category, separate bids must also be submitted for each sapikii contfto division contalrwd in the combined bid. The combined bid and each separate bid shall be submitted on a separate Bid Form. The Bidder hereby declares that he has carefully examined all Bidding and Contract Documents, prepared by Tlwrbeck & Larnbert, bte., dated 2-17-87 , and that he has personally inspected the actual location of the work, an cokes of supply, has satisfied himself as to all the quantities and conditlons, and understands that in signing this Bid he waived all right to plead any misunderstanding regarding the same. The Bidder acknowledges receipt of following Addenda, numbered 1 , _ 2.1 3 , and has incorporated the requirements of the Addenda in the Bid. The Bidder hereby proposes to furnish all labor, materials, tools, equipment, machinery, equipment rental, transportatlon, superintendence, perform all work, provide all services, and to construct all work in the bid package categories stated above and for the bid amount as stated below. The bid amount is to cover all costs incurred In performing the Work as required for that bid package category under the Contract Documents, of which this bid Form is a part. VOLUNTARY ALTERNATES -3- q-c, Mechanical systems Recap i Marker Projact Bid Date and Time: Labor Unt Mage Rt Cost Shop Labor t(0 Field Labor - Ventilation Field Labor - P&H Total Labor 0 ' Raw Material t_ Equipment Total Equip. & Mat. Subcontractors 2 C ti �q Total Subcontractors Total Direct Costs Markup - Labor Markup - Mat. & Equip. Markup - Subcontractors Total O.H. & Profit Sales Tax Permits Performace Bond Special Cost Travel Cost Total Special Costs Total Indirect Costa Total Bid "k i _L 0 � 50 15�53� Bid Package"i34 - %aviation Wiedner's $48,800 Envircon $48,000 Mc Dowell $52,340 Chappel Duct $57,475 Westside $48,100 Allied Mechanical $42,270 Allied Mechanical with adding $3,775.00 Section 15651 - Refrigeration Piping included; our bid would have been $46,045. Allied Mechanical would still have been low bidder and awarded the contract. 0 HUTCHINSON POLICB STATION 510 TOt CITY OF HViCffIN M9 MINNESOTA BID FROM Allied Mechanical Systems of Hutchinson, Inc. BID FOR: HUTCHINSON POLICE STATION - HUTCHINSON, LUN14 WA A portion or portions of work described ast The Bidder agrees to perform all of the work for the following Trade Contract Category: Bootie" I%S1, 15700, 15855, (Sections 15010, 15050, 15060, 15094, 15990 as required) Parts 1-2-3 (labor and Seating - materials) insert Trade Contract Category description - e fer to Section 0 10 10). If you are submitting a combination bid for more than one Trade Contract Category, separate bids must also be submitted for each separate contract division contained in the combined bid. The combined bid and each separate bid shall be submitted on a separate Bid Form. The Bidder hereby declares that he has carefully examined all Bidding and Contract Documents, prepared by Thorbeck a Lambert, Inc., dated 2-17-87 , and that he has personally inspected the actual location of the work, soca sourcT�es of supply, has satisfied himself as to all the quantities and conditions, and understands that in signing this Bid he waived all right to plead any misunderstanding regarding the same. The Bidder acknowledges receipt of following Addenda, numbered I , 2 , 3 , and has incorporated the requirements of the Addenda in the Bid. The Bidder hereby proposes to furnish all labor, materials, toot, equipment, machinery, equipment rental, transportation, superintendence, perform all work, provide all services, and to construct all work in the bid package categories stated above and for the bid amount as stated below. The bid amount Is to cover all costa Incurred in performing the work as required for that bid package category under the Contract Documents, of which this bid Form is a pat. VOLUNTARY ALTERNATES -3- 0 wee Allied Mechanical systems � n Bid Recap & MerknP Project(4:^ e Estimators Akww- f Ir Bid Date and Time: Shop Labor Field Labor - Ventilation Field Labor - P&H Total Labor Raw Material Equipment Total Equip. & Mat. Labor Unt Wage Rt Cost 5b /6-4v Zino Subcontractors pp yjcrtJr 1 b z D /tom e�iL, C.A4aa Zl S i ry Total Subcontractors Total Direct Costs Markup - Labor Markup - Mat. & Equip. Markup - Subcontractors Total O.H. & Profit Sales Tax Permits Performace Bond Special Cost Travel Cost Total Special Costs Total indirect Costs 37755- _600 ZC% O 22-7g:Z" ZZZ� Total Bid /4,, /s Q 45 G- - Hid Package i34 - Hating Waataide $24,929 Wiedner $36,336 Kragen $29,000 Allied Mechanical $28,674 Remove $3,775 from thi's bid and our bid would have been 524,899. Thirty dollars lover than Nostside and we would have been awarded the hoatiag contract also. 0 L-1 (612) 587-5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: 4;;41 is 19RR TO:_M,aXscLCDUDQiL--------------- - - - - - - FROM : — GaLY-P. Eleiz.., -Dirk AdminisLratox- - - - - - - - - - - - - SUBJECT: _ Police_5tgU n= �usi�¢rk.. T-Qarage- -Cbange -Order - _ - - As a result of the on-site meeting of April 6, 1988, it was a general feeling among the police representatives, Mayor, Building Official, and architect(s) that the best alternative was to protect the existing ductwork with angle iron, a metal enclosure, and waterproofing material. As far as who was going to pay for this change order, I defer to the City Attorney. Nevertheless, we should do something now before it gets damaged. /ms cc: Steve Madson, Police Chief Vergil Florhaug, C.A.M. Clint Knorr, Allied Mechanical Robert Lambert, Thorbeck 6 Lambert, Inc. Harold Magy, BKBM Eng. yc U rr- FROM - FROM - Plumbing — Fire Protection Heating aJ�� Industrial Pipirs Sheet Metal AWO, NUrc NINION.INO 34 Mic"M Aw HUWIN a MWwga SM (612) 587.7930 PROPOSAL SUBMITTED TO PHONE DATE Hutchinson Police Department 587-2242 4/14/68 STREET JOB NAME Washington Ave. N. CITY.STATE AND ZIP CODE JOB LOCATION Hutchinson, MN 55350 ATTN: DATE OF PUNS JOB PHONE Gary Plotz, Steve Madsen WE HEREBY SUBMIT SPECIFICATIONS AND ERnMATFA Fna. He: Enclosure for externally insulated ductwork in garage. Material and labor to fabricate and install: (1) 30D x 86W x 96H enclosure 2 x 2 x 3/16 angle iron frame work 13 GA flat expanded metal (removable sections) bolted - painted. Existing insulation is covered with Glass Fab material 20/10, fabric is a vinyl acrylic mastic - WC -5 Vimasco Weather Barrier. E We Ropgrr — hereby to furnish (Material and Labor) for the sum of — One Thousand Two Hundred Forty Eight Dollars and no/100,s----- dollars($ 1,248.00 ) PAYMENT TO BE MADE AS FOLLOWS UPON COMPANY CREDIT APPLICATION APPROVAL: net 30 All Inlarlal m gmanleed n M n epeofied. All work n be mnpleled in a workmaMi a mentor actor- Audlalud dmg b Mandwd in a . Any aWraliale a deviehM ham ab" speNinlim kwoleing wam CMn Sgntl - "N OK cured only upon wniftnoNas. and wel beoolna an ema cnrq Quer and abort tllfs epknNe. Aa aprnll Mrikw. axidenM a Mbye bwymd aw mntra. NOTE: This pwpow. u I dd l�.daya. {w,+.b�a,,o,Milpelw�u]pon AmPt Rf�i ofCeoMa/The Won pnl ,NMUlkao and owWiam are WOO. Sigma; WW OWd m oNN above. DanofA Cwl �.,� 0 L� (612) 587.5151 JWJ)H41ITCHINSON. /TY OF HUTCHINSON WASHINGTON AVENUE WEST MINN. 55350 APRIL 21. 1988 TO: MAYOR & CITY COUNCIL FROMe KEN MERRILL, FINANCE DIRECTOR SUBJECTo ALLIED MECHANICAL ADDITIONAL REQUEST. I have added to the packette additional items regarding the request by Allied Mechanical for additional dollars for duct work changes and reimbursement for fire protection. A memo from C.A.M. is added with their response to the requests. MECHAf�CAI SYs`I�IN OF HiJTt�11NSONr 3a0 Michiggan P.O. Box 365 HUii HINSor MINNESOTA 85350 (612) 567.7930 To Humbw We hereby spree to make the change (a) opft~ WOW.. .. -r-n % � �'w� l�K +� �1►��r s t�� i fes= �kL osT S -17-5 - <<n , i t l G(- NOTE: This Cheap Ofdartiacomea part of and In conformance with the existing contract WE AQRE E hereby to make the Chenpe(a) specifted,abm at#ftprice [� $ Z - J - c iG PF"OUS CON MACT AMOUNT S Z-17 7 ,REVISED CONTRACT TOTAL $ -- -- ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are herebyac- cepted. All work to be performed under same terms and conditions as specified In original contract unless other- wise stipulated. Date of Signature wwa:m ..ED ", r'-. HAMCAL SYSTEMS INC. .37 00 Construction Anansia 4 Management, Inc. 7401 Caatral Avu. N.E. Minneapolis, MN 55432 Attu: Virgil Fiornaug Numb*r S4 .NONE 766-7151 oATa -- 2/iS/dis JOE NAME/LOCATION Hutchinson Police Station Change Order U J4 JOE NUMEEa JOE PHONE EXISTING CONTRACT NO. DATE OF EXISTING CONTRACT We hereby agree to make the change (a) specified below: FIRE PROTECTION - In response to your letter of January 29th, the following is a breakdown of the change order I requested to finish the installation of the Fire Protection System at the Hutchinson Police Station. Material Cont. $470j(60 Pipe Refabrication Cont. 170.64 Field Installation 597.24 Design 85.32 $1,324.00 NOTE: This Change Order becomes part of and In conformance with the existing contract. WE AGREE hereby to Snake the change(s) specified.above at this price 1> $ 1,324 00 OATE PREVIOUS CONTRACT AMOUNT $ 36,029 00 _qS ATURE 4CONTg CTOA) /I/ REVISED CONTRACT TOTAL $ 87,--53 00 kCEPTED The above pfices and specifications of Date of acceptance is Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature wise stipulated. iOwaeRh cIA 0 M CONSTRUCTION • ANALYSIS AND MANAGEMENT INCORPORATED 7401 CENTRAL AVENUE NORTH EAST . MINNEAPOLIS • MINNESOTA 55432 April 20, 1988 Mr. Clint Knorr ALLIED MECHANICAL SYSTEMS, INC. 340 Michigan Hutchinson, Minnesota 55350 RE: HUTCHINSON POLICE STATION C.A.M. P.N. 86-645 Dear Clint: As per our phone conversation of April 20th in regard to your letter of April 18th, we are in disagreement that the City of Hutchinson authorized any Change Orders during the April 6th meeting. We have talked to Ken Merrill, Finance Director, and he is to advise us if the City Council wants us to present a proposal request for their consideration at the April 6th Council meeting. Items under discussion are: Item 1: Error in bidding - it is the City's sole decision as to whether or not they want to increase your contract sum. Item 2: Duct work - the engineer has recommended an increase, but again it is the City Council's option to accept or reject that recommendation or request negotiations of the amount proposed. Item 3: Fire protection - C.A.M. does not recommend approval of this item, but again it is the City Council's sole option to accept, reject, or request for us to negotiate this item. We will keep you informed as to any further City Council action. Very truly yours, CONSTRUCTION ANALYSIS AND MANAGEMENT, INC. Vergil M. Florhaug President CC: Gary Plotz w/enclosure Ken Merrill w/enclosure i TELEPHONE (612) 786-7151 0 340 Michigan Hutchinson, MN 55350 or HUTCHINSON,INC. April 18, 1988 Virgil Elorhaug Construction Analysis & Management, Inc. 7401 Central Ave. N.E. Minneapolis, MN 55432 Re: Hutchinson Police Station C.A.M. Project #86-645 Dear Virgil: Telephone: (612) 587-7930 c. a. m, inc. APR 9 19Ri1 REEEivED It was my understanding that after our April 6th meeting there would be change orders processed for the duct changes and also the fire protection change. Since the project is finished and the police department has occupied the building, I think these items should be cleaned up now. Sincerely, Allied Mechanical Systems ellutchioClin Chief Executive Officer CR/cil cc: Gary Plotz, City of Hutchinson Dave Johnson, C.A.M. (612) 587-5151 C/T Y OF HUTCHINSON 37 WASHINGTON AVENUE WEST . HUTCHINSON, MINN. 55350 APRIL 219 1988 TOe MAYOR & CITY COUNCIL FROMo KEN MERRILL, FINANCE DIRECTOR ----------------------------------- E SUBJECTi CITY COST OF IMPROVEM(VT PROJECTS. Currently when city projects are put together the assessment roils for a parcel of property are computed on the actual cost of construction plus a 22% addition for engineering, administration, legal, financial consultant, and capitalized interest. For city purposes the cost of these items are not 22% but the actual dollars incurred. A bond issue is put together using actual construction costs, 14% for engineering and administration t per resolution 7920>, financial fees, legal fees, capitalized interest, and contingency. Therefore while the assessment roll is fixed at 22% the city portion would be on actual cost. City cost is also reduced by interest earnings which the fund earns from prepays and collections over the life of the bond issue. City charge issue may be charging engineering and administration cost. Several items to keep in mind on this part of the issue. 1. When we build the general fund we put together a conservative estimate of the next year project to arrive at a transfer for engineering and administration. If funds exceed this estimate the fund balance is increased which the council decides as to what purpose it can serve. 2. If a consulting engineer were hired the cost of the entire project would be charged for their work. This fee can be as high as 20%. 3. City portion of a project would benefit all the surrounding areas and engineering/administration work is required for the entire project. 4. If we have a large amount of general city projects the budget might not be meet and the amount then becomes discreationary as to what amount to transfer could be in constant question for the general fund. • With the additional work being produced additional funds may be required in the engineering department in 1988. I will be &violable to respond to any question you may have. If you are need of additional information please give me a call. /� (612) 587-5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 25, 1988 TO: Mayor Paul L. Ackland FROM: —-Marilym Swansua,...Admin_ Sacrataty — — — — — — — — — — — — SUBJECT: — -Bids- far-City-timed-'arm_Land — — — — — — — — — — — — — — No bids were received on April 25, 1988. E 0 11 PUBLISHED IN THE HUTCHINSON LEADER TUESDAY, APRIL 19. 1988 (Classified Section) FOR RENT - FARM LAND NOTICE is hereby given that the City of Hutchinson is accepting bids for rental of farm land along Hwy. 22 S. for an area of approximately 35 acres as shown by the following map. All bids shall be submitted in a sealed envelope by April 25, 1988 to City Hall, 37 Washington Avenue West, Hutchinson, Minnesota 55350, and publicly opened at 2:00 P.M. in the Council Chambers at City Hall. , The City reserves the right to reject any and all bids and to waive any informalities or irregularities. Each bid shall be accompanied by a cash deposit, bid bond or certified check made payable to the City of Hutchinson in an amount equal to ten (10) percent of the bid. Any questions regarding the farm land should be directed to the City Engineer, City Hall, 587-5151. Publication No. 3846 Gary D. Plotz City Administrator Prop`r-ty *0000L ft 0% C,4y vtdKJ prcpwFy tva'(1-ML Por ^ mricml+-. ad us¢ (612) 587-5151 CITY OF HUTCHINSON . 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 14, 1988 TO: Gary D. Plotz, City Administrator FROM: Eugene Anderson, Director of Engineering RE: Agricultural Land East of the New Wastewater Treatment Plant Per your instructions, the land presently used for agricultural purposes east of the new treatment plant was reviewed on site to determine the approximate extent of such useage. There are thirty-five acres, more or less, that are available for agricultural use, and that should remain undisturbed by the treatment plant construction activities. The accompanying sketch could be used in advertising the availability of the land. 0 If you need additional information, please inform me. EA/pv attachment 0 Eugene Anerson Director of Engineering T (612) 587-5151 lT Y OF HUTCHINSON VASHINGTON AVENUE WEST ,HINSON, MINK 55350 M E M 0 DATE: April 20th, 1988 TO: Mayor and City Council FROM: Director of Engineering Director of Nater/Wastewater Operations Nater Systems Supervisor RE: Treatment of Drinking Nater to Reduce Erosion/Corrosion A report was submitted to the Council in November, 1987 discussing possible causes of the copper water pipe erosion/corrosion problem and potential solutions. It was noted that probably more than one solution must be implemented to resolve the problem. On new and replacement construction, the City has begun to install larger (111) copper water service pipes for domestic useage, thereby reducing flow velocities inside the pipe for a given rate of useage and thus abating erosion effects of the water. But due to the active nature of the water, the report recommended a chemical treatment, with the goal of putting an end to the erosion/corrosion problem. Enlarging service lines provides a physical solution to the problem by reducing erosion, while treatment of the water will provide a chemical solution by blocking or interrupting the electrical process that causes corrosion which results in pitting, and ultimately, holes in the pipe. In the recent past, we have met with representatives of Nalco Chemical Company of Plymouth, MN, a firm experienced in analysis of water problems and their correction. Samples of copper pipes that the City has collected that demonstrate the effects of erosion/corrosion which the City is experiencing were given to the Nalco representatives for study. Also, Nalco gave the City copper sampling pieces that wer installed in potable water lines at the Mater Treatment Plant and at the Wastewater Treatment Plant. The pieces, or coupons, are useful in determining the rate of erosion/ corrosion of copper in the water stream. Results from one of the coupons indicates that a new copper water service would be functional for about eight years, after which leakage would be impending. Metallurgical analysis by Nalco of the pipe samples, provided by the City, led to the conclusion that the copper loss problem is caused to a great extent by erosion, and that corrosion is responsible to a such lesser degree. Nalco has recommended a chemical additive that would be introduced into the water at the treatment plant just prior to entering the distribution system. The chemical is colorless, odorless, and tasteless, and in the rates we expect its use, it is accepted by the MN Dept. of Health and complies with EPA constraints on waste discharge. It has been used successfully in the past in similar situations 0 9-F Mayor and City Council Treatment of Drinking Hater April 20th, 1988 Page 2 because the chemical tends to form a thin film on the interior wall of pipes which acts to shield the pipe from the harmful effects of erosion/corrosion of the water. Other benefits the City will realize is a reduction and possible elimination of black water problems and concerns and reduced copper in the waste sludge, which will prolong the City's ability to use sludge disposal sites. An additional advantage is that restrictions on copper in the effluent of local industries can be relaxed. Once treatment is initiated, we would attempt to install at least six copper coupon sampling sites throughout the distribution system. He would thus be able to monitor copper loss throughout the system to assure an adequate rate at which chemical is introduced into the water. The chemical treatment that was previously considered for use was caustic solution added to the water. However, we feel that the Nalco additive has several advantages over the caustic alternative including less elaborate storage, safer and easier to handle, and cost. Caustic is presently nearly ten times the cost of the Nalco product, and prices of caustic materials have proven to be unstable. An annual estimated cost of $13,016, was submitted by Nalco, which Price includes the cost for storage equipment and estimated chemical useage. A second annual estimated cost, in the amount of $16,153, was submitted if Nalco supplies and maintains pumping equipment. The cost difference of $3,137 would be an annual savings for the City if we purchase the pumps, which would cost roughly $2,000 for four pumps that are required. In addition, expenses of from $2,000 to $2,500 will be incurred for miscellaneous plumbing and electrical work that must be accomplished to provide for chemical feed. we recommend proceeding with the lower annual cost option, whereby the City would purchase the pumps. Authorization is requested to initiate the Nalco chemical treatment program and to make the aforedescribed expenditures. The 1988 water Department Budget includes $26,000 for "CO2 Reduction Equipment". That line item pertains to the copper erosion/corrosion problem, but by using the originally envisioned caustic method of treatment. mom Eu g Anderson l Director of Engineering Dick Nagy Water Systems Supervisor EA/pv si*O&hmant Re ectfull�lmitted, Randy De ries Director of Water/Wastewater Operations UNISOLV ANALCO CHEMICAL COMPANY 8415 AIWAMA LANE O SUM M O /LYWROK hl/N"WA 55"1 O AP" e1e-35*41e+ March 8, 1988 city Of Hutchinson 37 Washington Avenue W. Hutchinson, Minnesota 55350 Attention: Mr. Randy Dovries Subject: Corrosion Control Program Gentlemen: Thank you for a productive meeting today on March 7, 1988. We further discussed your alternatives to resolve the copper corrosion problem in Hutchinson's potable water system. Based on reports of the water composition, corrosion tendencies, and metallographic analyses Nalco is recommending a zinc -based phosphate chemical treatment. Our goal is to significantly reduce metal loss in the system, subsequently reducing customer complaints and levels of copper entering the wastewater treatment plant. Monitorization of product performance in Hutchinson's distribution system will be the key in establishing a successful program. This will include: 1. Customer complaints 2. Copper levels at specified sample locations 3. Copper levels in the wastewater plant influent 4. Corrosion coupon results S. Product levels in the system 6. Chemical feedrates Attached to this letter is your recommended Nalco 7393 program procedures. Halco 7393 will be delivered in 320 gallon Porta -feeds until provisions for bulk delivery have been decided. Nalco's Porta -feed system includes a pump platform, tank level guage, tank outlet manifold, and the appropriate refill line. lour (4) chemical feed pumps are needed for each boostei pump with feed capacities of about 38 gpd and maximum pressures of 150 psig. these pumps should be simple Liquid Metconics (LMI) pumps that can receive an on/off relay signal. _ COFAKP M pat & Y= CDaW »mast &UMM .oer oe. I Ap" 0 NALCO CHEMICAL COMPANY CITY Or HUTCHINSON MARCH 8. 1988 PAGE 2 You may purchase the pumps through Nalco (Part /PO1930, Model 8711-92S, $578.00 each). Ne can include the cost of the pumps with the purchase of 7393, accepting full responsibility for repair or replacement. eased on an average 1.77 mgd vater floe, 7.5 ppm product feed for start-up (1 month) and a 2.5 ppm maintenance dosage, estimated annual program costs are as follovs: COST LB GALLONS/YEAR /YEAR 7393 Porta -feed 0.83 10568 13,016 7393 PF v/pumps 1.03 1,568 16,153 If you have any questions or need further clarification on this material, please don't hesitate to call. REN/jjc cc: Mr. Gene Anderson Mr. Richard Nagy Respectfully, Kurt B. Wehrle Sales Representative Nalco Chemical Company (612) 559-3191 UNISOLV ,� NALCO CHEMICAL COMPANY 2415 ANNAPOLD kAW O SUR[ 170 C PLYMOWYK MO&AM TA 53441 O ANSI. 012-86e-3191 March 15, 1988 City of Hutchinson 37 Washington Ave. W. Hutchinson, MN 55350 Attention: Mr. Randy DeVries Subject . Nalco 7393 Program Gentlemen: This letter serves to further address your concerns of the proposed Nalco 7393 corrosion control program for the City of Hutchinson. Although our main goal is to reduce the copper corrosion in the City's potable water system by applying a protective barrier on all metal sucfaces, this program has proven effective in preventing lead from going into solution where lead piping or soldered joints are prevalent. The levels of zinc that will be monitored in the potable water distribution system are far below the BPA governmental acceptance limits. Any available zinc from the treatment that carry through the wastewater system to the plant_ will_ be_. insignificant and will actually benefit in reducing the corrosive nature of the wastewater. Listed below are Nalco customers currently using this program for corrosion control in potable water systems per your request: City of International Palls, MN Burleigh Rural Nater, Bismarck. ND City of Avon, MN City of Redfield, SD City of Bottineau, ND I hope this information will meet your needs. Please call if you need further assistance. Sincerely. Kurt E. Wehrle Sales Representative (612)559-3191 KEW/bjh CC: Mr. Gene Anderson, Mr. Dick Nagy casew " awcn m.a %"= C& P wnawuc 4&0406 soase•,os. .R4 av-ss+•aeon 11 f`J 0 minnesota department of health -- Central Distrkst Health OtBoe 215 North Benton Drive Box 426 Sauk Rapids, MN 56379 (612) 2554216 March 29, 1988 City of Hutchinson ATTN: Dick Nagy 37 Washington Avenue Nest Hutchinson, Minnesota 55350 Dear Mr. Nagy: This letter is written to you in response to our phone conversation on March 24, 1988. According to the United States Environmental Protection Agency, acceptable drinking water additives, Nalco 7393, is acceptable for potable water applications when used within the maximum rate of 75 sq/1. Although you are advised to consult with the manufacturer or distributor of the product in order to verity the maximum rates and to see if any special restrictions exist. If you have any questions feel free to contact me at (612) 255-4216. Yours truly, David M. Schultz, P.E. District Engineer an OQ" opportunity emp" April 13, 192E Charles S. Barger, F.E. RIEKE CARROLL HULLER ASSOCIATES, INC. CSejj cc Gene Anderson 0 10901 •eo a" am nor ,30 Rwv*%r*a rtwnesota W143 512.335-e'90t Mr. Randy DeVries City of Hutchinson 37 Washington Avenue Nest Hutchinson, MN 13330 RE: Service Line Corrosion RCM File #9810340 Dear Mr. DeWitt Upon reviewing Nalco's metallographic analysis of the 3/4 inch copper water line, we find they reaffirm our initial concerns about excessive flow velocities. The City's decision to increase the We size of service lines will help reduce future erosion problems We recommend the additional use of zinc polyphosphate as a corrosion inhibitor which should help reduce the corrosive action by providing cathodic delle protection and by forming a thin protective coating inside the piping. � Monitoring of the system should continue to determine the optimum feed ate and possible substitution with other polyphosphates armThe use of individual zeolite water softeners in the homes and WV suneyois businesses may continue to cause some green or blue staining in areas of heavy usage. The nature of the ion exchange process used, tends to product a more aggressive water. We have checked with a number of zeolite resin suppliers and they indicate that the use of zinc polyphosphate will have so detrimental effect on the material or its function. If we cwr'U of further assistance, please let as know. Charles S. Barger, F.E. RIEKE CARROLL HULLER ASSOCIATES, INC. CSejj cc Gene Anderson 0 10901 •eo a" am nor ,30 Rwv*%r*a rtwnesota W143 512.335-e'90t -Donohue 0 April 20, 1988 0 • City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: Mr. Randy DeVries Re: Hutchinson Industrial Pretreatment Program Donohue Project No. 14079.901 Dear Randy: As requested on April 41 1988, we are addressing several items regarding your Industrial Pretreatment Program. We contacted Kurt Wehrle of Nalco Chemical and discussed the prospects of zinc entering the sewerage system from the use of zinc polyphosphate in the water supply system. Zinc polyphos- phate forms a protective coating on water piping. Since zinc polyphosphate is continually added to the water system to main- tain that protective coating, Mr. Wehrle said we should assume that all the zinc that is introduced into the water system would get into the sewerage system. Mr. Wehrle also mentioned that by the time the zinc gets to the wastewater treatment plant, the zinc is tied up in solids and would settle out with the sludge. He felt that very little, if any, of the zinc would be discharged into the receiving stream which is the Crow River. As we discussed by telephone on April 4, 1988, 7.5 mg/1 of zinc polyphosphate would be added to the water supply for the first month and 2.5 mg/1 would be added to the water supply continually after the first month. The average daily water usage is 1.8 MGD. The zinc content of the zinc polyphosphate is 5.6 percent. At these feed rates, approximately 6.3 pounds of zinc would be added to the wastewater stream each day during the first month and approximately 2.1 pounds of zinc would be added to the wastewater stream per day after the first month of chemical addition. Based on the information received from the chemical supplier, the addition of zinc polyphosphate to the water supply system should not affect the amount of zinc in the wastewater treatment plant effluent. The zinc polyphosphate will probably not affect the treatment processes at the wastewater treatment plant. However, Donohue 8 Associates, Inc. 4738 North 40th Street Sheboygan, Wisconsin 53083 Engineers & Architects 414-458-8711 %F Telex 910-264-3888 Telefax 414-458-0537 Donohue the zinc polyphosphate will settle out in the treatment plant sludge and will increase the zinc content of the sludge. The increased amount of zinc in the sludge may shorten the number of years that the sludge may be disposed on specific sludge applica- tion sites. Currently several other pollutants in the sludge more severely restrict the disposal sludge on land application sites. Therefore, zinc may or may not have an effect on the site life of land application sites. Based on our review of this information, we recommend that the City proceed with the addition of zinc polyphosphate to the water supply system. The City should also set up a sampling program to measure the amount of zinc in the wastewater treatment plant influent, effluent, and sludge. The City should conduct a sampling program several times a month for the next several months to determine the effect that zinc polyphosphate addition would have on the disposal of sludge on land, and the City's Industrial Pretreatment Program in general. If you have any questions regarding this letter or would like to discuss this project further, feel free to contact us at your convenience. Very truly yours, DONOHUE & ASSOCIATES, INC. JJ eagley, P. . JEH/lkr TR/L/ZCO Mr. Randy DeVries April 20, 1988 Page 2 0 0 0 (612) 587-5151 %1UTCH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON MINN. 55350 APRIL 20. 1988 TOi MAYOR & CITY COUNCIL FROMs KEN MERRILL, FINANCE DIRECTOR ----------------------------------- SUBJECTi VOTING MACHINES This week the vendor demonstrated to about 20 of our election judges the optical scan voting machines. As you may recall the city council asked to have the machine reviewed by the .fudges and get their reaction. At this demonstration the judges were asked to complete a questionnaire. We have summarized those returns and attached a copy for your review. From the returns it would appear the judges were favorably impressed. We have received communiciation from Ed Ide, County Auditor, about a possible county wide system. This system would involve two judges from each precinct going with the ballots of the day and having the tabulation done at a central location. No specific date has been set for this machine and it was discussed the city might want to purchase a machine cooperatively with the county. With two machines their would then be a back up and faster counting. Machine cost is about #29,000. I have added the memo sent to the council in December, which still appears to be applicable. After looking at the options it would appear the individual scan machines would be the best for the city. If the city council approves we would begin drawing up specifications for the machines. CITY OF HUTCHINSON SCAN VOTING EQUIPMENT APRIL 18,1988 Election Judges: After observing the new scan voting equipment, your impressions both positive and negative would be appreciated. Please answer the following. HAVE YOU SEE OR HEARD ABOUT THIS SCAN VOTING EQUIPMENT -BEFORE YES 3 14 NO - AFTER THE PRESENTATION MY IMPRESSION OF THE EQUIPMENT IS 16 LIKE _ DISLIKE 1 NO OPINION _-- IF THE CITY WOULD PURCHASE THE NEW EQUIPMENT PROBLEMS FOR THE VOTER WOULD BE Learning new method takes time to teach voters. Enough time to teach voters before BIG election? Less Problems, elderly have problems accepting anything new. I LIKE THE NEW EQUIPMENT BECAUSE Speed Accuracy, ability to adjust to no. of voters, dependable, easier for elderly to read ballot simple, public likes paper ballot, totals will be ready sooner at closing time, efficient, auxiliary power is good. Doesn't need much space. I SEE PROBLEMS WITH THE NEW EQUPIMENT BECAUSE None. Possible errors in filling out ballots resulting in redoing whole ballot. _-_- May be better equipment as experience is gained with computers. Teaching voters. needed to explain. Voters don't like paper ballots. OTHER COMMENTS All for it. Less expensive to replace new equipment now. First time voters need Instruction on any machine. Cost is agreeable. Cost is too high -Maybe should purchase a couple scrap machines for 3rd and use until worn out because by that time these might be outdated. Maybe should use primary as instruction time so we're ready for the Presidential Election. 0 0 0 (672) 587-5151 F CITY OF HUTCHINSON _ 37 WASHINGTON AVENUE WEST HUTCHINSON• MINN. 55350 DECEMBER 39 1987 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: VOTING MACHINE REPLACEMENT Prior to the last city council meeting representatives from Business Corporation of Minnesota, demonstrated the optical scan voting system. This system was just approved by the Secretary of State for use in Minnesota after extensive testing. The system was first viewed over 3 years ago and took this long to gain approval by the State of Minnesota. As pointed out there are quite a few cities going to the system. We have been budgeting for replacement equipment over the past years and have been experiencing problems with our present system. Currently the city has 10 lever machines purchased in 1973 at a cost of $29,000. The purchase was made on a lease/purchase arrangement. These machines are no longer being manufactured but according to the vendor reconditioned machines are available at a cost of $2,000 each. Recently we have been experiencing problems in the operation during elections. The last State General election required some adjustment during election which is not very desirable. Both voters and judges become fustrated. This occurred right after factory personnel had inspected and cleaned the machines. Three people are helping in the prepartion of the machines for elections. Two are required to do the set up and usually finding the time to schedule this around their normal job function is becoming increasingly difficult. Their recommendations are to consider other equipment. We have had complaints from voters about the present voting machines. Complaints about the difficulty to read the strips and the problems in understanding the ballot layout have been es:oressed. Difficulty in reaching the higher parts ai the ballot and the task necessary to cast a write in vote have been e:cpressed. The present machines are not correct for handicap voting and would require modification to meet the needs 4or handicap voting. Of course the biggest complaint is the wait which in the past has been up to an hour in several of the precints. Factors of ballot complexity and time of day impact this as well. In part this could be overcome by adding a machine or two to each precint. Of course this would also require additional judges. One other background fact is the problem with voter drop off in elections. The County Auditor has pointed out on a large ' election with 'several ballots, voter tendency is to not vote as they work from left to right. Consequently the offices located on the right of the machine experience few votes. An undesirable result. , We have set aside $12,000 for replacement equipment over the past years. It is felt the scan system of voting is desirable. It allows the use of paper ballots and can be used both as absentee and in person voting. This will solve several of the problems indicated above. With one machine per precint you may set up as many voting booths as necessary. This should solve the wait in line considerably. Voter satisfaction is our number one concern. We want to do everything possible to make the voting pleasant and understandable. If the council gives their approval we would begin the process preparing specifications for a bid of optical scan equipment. We feel there may be some value of the current machines for out right sale. A very limited market and only because we have newer machines allow for a sale at this time. We would come back once the specifications are ready to move into the actual bid process. 10) t (612)587-5151 HvrcH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 19, 1988 TO: Mayor and City Council FROM: Director of Engineering Director of Water/Wastewater Operations Water Systems Supervisor RE: Inspection of Water Tower During Painting The contract has been signed for painting and renovating the northwest water tower. A tentative starting time has been set for late May. We request authorization to retain an engineer for inspection during the work. The 1988 Water Department Budget included $55,000 for the painting project, of which $50,000 is contract cost. Our proposal is to expend up to $5,000 for quality control and assurance. Justification is based on the following reasons: 1. Adequate quality assurance will promote longer coating life. Surface preparation prior to coating and paint thickness following application should therefore be monitored. 2. Qualified staff personnel are not available at the present time and will not likely be available as temporary employees for the relatively short duration of this project. 3. There is an element of danger inherent in this type of work due to the climbing and heights involved. We ask for the Council's concurrence in this request. Randy DeVries Dir. Water/Wastewater Operations Respectfully submitted, L4ZV1, Eugerg Anderson Director of Engineering • Dick Nagy Water Systems Supervisor EA/pv DAVID H. ARNOLD •CHARLES R. CARMICHAEL MICHAEL H. LABARON GARY D. MCDOWELL PAYE ENOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOGE CHARLES L. NAIL, JR. LURA R. PENTLAND DAVID A. RRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 21, 1988 0 0 Ai?NOLD & MGDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 Mr. Gary Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (812) 587-7575 RESIDENT ATTORNEY O. HARRY ANDERSON Re: LifeSpan and the City of Hutchinson Our File No. 3750-87-0001 Dear Gary: 5881 CEDAR LANE ROAD MINNEAPOLIS. MINNESOTA 55416 (612)545-9000 MN TOLL FREE 800-343-4545 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (812)389-2214 I have reviewed the documents submitted to the City by LifeSpan's attorneys in connection with the proposed arrangement between LifeSpan and the Hutchinson Community Hospital. I believe the substance of these documents has previously been reviewed by the Hospital Board and by the City Council. I have no objection to these documents as to form. If you need additional information or have any questions in con- nection with any of the foregoing, you should certainly feel free to contact me. Thank you. hutchinson community hospital 1095 Highway 15 South, Hutchinson. Minnesota 55350 • Telephone 6121587-2148 "An Equal Opportunity Employer" April 20, 1988 The Honorable Mayor Paul Ackland and Members of the City Council City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Ackland and City Council Members: During their regular meeting on April 19, the Hutchinson Community Hospital Board of Directors received a recommendation from the ad hoc committee studying satellite clinics to purchase of the asset portion of the Dassel Medical Clinic from Dr. Joe Houts. The following is an excerpt from the minutes of that meeting. Dassel Clinic Proposal. The board considered the recommendation of the ad hoc committee to purchase the assets (building and equipment) portion of the Dassel Medical Clinic from Dr. Joseph Houts of Dassel, who is pursuing retirement. The clinic would be staffed by Dr. Craig Belcourt, who intends to leave his current practice with the Hutchinson Medical Center, PA, and become an employee of LSI for a period of three years. After that time period has passed, it is Dr. Belcourt's intent to purchase the proposed clinic from the Hospital and become an independent practitioner. Following discussion: Motion was made by Johnson, seconded by Gilmer, to request approval from the City Council for purchase of the assets of the Dassel Medical Clinic from Dr. Joseph Houts of Dassel in the amount of approximately $67,000. All were in favor. Motion carried." The board also considered Dr. Belcourt's request for certain improvements to be made to the clinic building, to bring it up to date, and for replacement of necessary equipment. Following discussion: Motion was made by Gilmer, seconded by Johnson, pending City Council approval, to assume operational costs of the Dassel clinic, to expend approximately $25,000 on upgrading the facility, and purchase $15,000 worth of replacement equipment for use by Dr. Belcourt. All were in favor. Motion carried." V--L,qt. J Mayor Paul Ackland and. Members of the City Council April 20, 1988 Page Two Another item considered by the board was affiliation with LifeSpan, Inc., multi -hospital system and parent company of Abbott Northwestern Hospital. The following is an excerpt from the meeting pertaining to affiliation: "Affiliation with Life Span, Inc. The board reviewed proposed ordinance changes necessary in order for the Hospital to affiliate with LifeSpan, Inc. City Attorney Barry Anderson had earlier reviewed the ordinance changes and was present for the discussion. He stated his opinion that the proposed ordinance changes seemed appropriate. The only suggested change was that the word "board", when used within the ordinance changes, be further modified to identify either the Hospital or LifeSpan, Inc. Following discussion: Motion was made by Skeie, seconded by Durfee, to request approval from the City Council to affiliate with LifeSpan, Inc., and to make the ordinance changes that would allow the affiliation. All were in favor. Motion carried." Thank you for your consideration of these requests. I plan to attend the next Council meeting to answer any questions you may have during discussion of these items. Sincerely, PGG: Ih r'1 LJ 0 0 PUBLICATION NO. ORDINANCE NO. ORDINANCE AMENDING SECTIONS 235:05, 235:15 and 235:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED HOSPITAL BOARD, AND ADDING SECTION 235:30 TO THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, THE CITY OF HUTCHINSON DOES ORDAIN: WHEREAS, the primary purpose and mission of Hutchinson Community Hospital (the 'Hospital") is to provide quality health care to all who are admitted to or treated at the Hospital, to make available facilities and equipment to facilitate the work of physicians and trained personnel in the restoration and main- tenance of the health of the patients of the Hospital, and to participate in activities designed to promote the general health and well-being of the citizens of the City of Hutchinson; WHEREAS, the complexity and cost of operating the Hospital in the current competitive healthcare environment make it desirable for the Hospital to affiliate with an existing health care system; WHEREAS, Minnesota Statutes, section 144.581, autho- rizes municipalities that own and operate municipal hospitals to enter into cooperative ventures, join organizations intended to I benefit the hospital, and have members of its governing body serve as directors of such ventures or corporations; WHEREAS, Lifespan Inc. ("Lifespan") is the controlling institution of a quality health care system whose mission, objectives and purposes are compatible with those of the Hospital; WHEREAS, the City finds that an affiliation with Life - Span would provide the Hospital with management and financial benefits which would enhance the ability of the Hospital to accomplish its purpose and mission; THEREFORE, SECTION 1. Section 235:05 of the 1974 Ordinance Code of the City of Hutchinson, entitled Appointments and Terms, is hereby amended to read as follows: "Section 235:05. Appointments and Terms. The Hospital Board shall consist of seven members. One of said members of the Board shall be the Chief of the Medical Staff of the Hospital. One of said members of the Board shall be an alderman of the City of Hutchinson appointed annually by the Mayor _with the consent of the City Council. The remaining five members of the Board (the "Elected Directors') shall each serve for a term of five years with the term of one such Elected Directcr to expire each year on the last day of March. po Elected Director of the Board shall serve for a period to exceed two ' consecutive five-year -2- r� u 0 15 .to terms. At all times, three of the Elected Directors shall be residents and qualified voters of the City of Hutchinson. Prior to the expiration of the term of an Elected Director, his or her successor shall be nominated by the Mayor with the consent of the City Council. The nomination shall be sub- mitted to the Board of Directors of LifeSpan (the "Lifespan Board") for election. If the LifeSpan Board fails to elect such nominee, then the Mayor, with the consent of the City Council, shall promptly submit new nominations to the LifeSpan Board, as necessary, until the LifeSpan Board has elected a successor to the Elected Director whose term is then expiring; provided, how- ever, that if the LifeSpan Board fails to elect a successor from among the first, second and third nominees, then the Mayor, with the consent of the City Council, may elect the successor to the Elected Director whose term is then expiring provided that the Hospital's affiliation with LifeSpan is then terminated pursuant to section 235:30 of the 1974 Ordinance Code of the City of Hutchinson. A majority of the members of the Board shall not consist of persons who are simultaneously directors of any one of the following corporations: (a) LifeSpan; or (b) Any other corporation, the direc- tors of which are directly or indirectly elected by LifeSpan; or (c) Any other corporation, the direc- tors of which are directly or :ndi:-. ctly elected Hospital." -3- IU SECTION 2. Section 235:15 of the 1974 Ordinance Code of the City of Hutchinson, entitled Powers and Duties, is hereby amended to read as follows: "Section 235:15. powers and Duties. Subject to'the provisions of section 235:30, the \Board shall have full and exclusive control and management of any hospital owned by this municipality, and all hospital grounds and appur- tenances thereto and all apparatus, equipment and material of every nature used in the operation of said hospital. The Board shall adopt all necessary rules and regulations for their own guidance and for the proper management and operation of said hospital and for the admission of patients thereto. The Board shall fix the fees and charges for all hospital services, all of which shall be certi- fied to the Council as soon as they are adopted. It shall be the duty of the Board to see that all fees and charges becoming due to said hospital are pro- perly collected. The Board may con- tract and purchase all necessary equip- ment, apparatus and supplies; provided, however, that any single capital item of purchase of $10,000.00 or more shall first be approved by this Council." SECTION 3. Section 235:20 of the 1974 Ordinance Code of the City of Hutchinson, entitled Superintendent and Other Employees, is hereby amended to read as follows: "Section 235:20. Chief Executive Officer and' Other Emplovees. Subject to the. approval of the Lifespan Board, the Board shall annually select and appoint an experienced Hospital -4- 0 0 11 u Administrator to serve as the Chief Executive Officer and to be its direct executive representative in the manage- ment of the Hospital. The Chief Execu- tive Officer shall be an employee of LifeSpan. The Board shall have the power to remove the Chief Executive Officer and, in such event, the Life - Span Board shall have the right of approval of the individual appointed by the Board to fill said vacancy. If at any time the LifeSpan Board fails to approve the individual appointed to fill said vacancy or the annual appointment of the Chief Executive Officer, then the Board shall promptly submit new appointments, as necessary, for approval by the LifeSpan Board until the appointment of the Chief Executive Officer has been approved; • provided, however, that if the LifeSpan Board fails to approve the appointment of the Chief Executive Officer from among the first, second and third individuals submitted to the LifeSpan Board for approval, then the Board may appoint the Chief Executive Officer without the approval of the--LifeSpan Board (in which case the Chief Execu- tive Officer shall not be an employee of LifeSpan), provided that the Hospital's affiliation with LifeSpan is then terminated pursuant to section 235:30 of the 1974 Ordinance Code of the City of Hutchinson.' SECTION 4. The following is hereby added as subdivi- sion 3 of section 235.25 of the 1974 Ordinance Code of the City of Hutchinson: 'Subd. 3. The City shall incur no indebtedness (including without limita- tion any general obligation bonds or revenue bonds or notes) to which . Hospital revenues or Hospital property is pledged without the consent of Life - is Span, and no revenues or fund balances of the Hospital shall be transferred to the City's general fund or appropriated for payment of any city obligation except as set forth in an operating budget or capital budget approved by Lifespan or as may otherwise be approved by Lifespan in writing.' SECTION 5. The following is hereby added as section 235:30 to the 1974 Ordinance Code of the City of Hutchinson: "Section 235:30 C The Hospital is an affiliate of Life - Span which, acting through the LifeSpan Board, shall have the following rights and only the following rights (in addi- tion to the right to elect members of the Hospital Board as provided in section 235:05): (a) . Approval in the aggregate of an annual consolidated operating budget and an annual consolidated capital budget of the Hospital and all corporations, partnerships and other legal entities directly or indirectly controlled by the Hospital, as proposed by the Board; (b) Approval of any new long term indebtedness by the Hospital or any corporation, partnership and other legal entities directly or indirectly controlled by the Hospital which new long term indebtedness was not included in the approved annual consolidated capital budget; (c) Approval of a consolidated strategic and long range plan of the Hospital and all corporations, partnerships and other legal entities directly or indirectly controlled by the Hospital; -6- 40 �1 U 19 (d) Approval of the sale, lease or other disposition of all or sub- stantially all of the property of the Hospital; (e) Approval of the voluntary dis- solution of the Hospital; (f) Approval of the merger or consoli- dation of the Hospital with any do:::astic or foreign organization; (g) Except as otherwise set forth in this section 235:30, approval of changes in section 235 of the 1974 Ordinance Code of the City of Hutchinson or the Hutchinson Community Hospital Governing Board Bylaws; (h) To the extent provided in the Hutchinson Community Hospital Governing Board Bylaws, approval of any individual to serve as Chief Executive Officer of the Hospital to fill any vacancy in said office, and the approval of the annual appointment of the Chief Executive Officer of the Hospital, as proposed by the Hospital Board (the right to remove an existing Chief Executive Officer being specifically retained by the Hospital Board); and (i) Approval of any corporate action of the type set forth in subpara- graphs (a) through (h) above of any corporation, partnership or other legal entities dire^•.ly or indirectly controlled by the Hospital as a member, shareholder or otherwise. Except as otherwise provided in that certain Agreement of Affiliation by and between Lifespan, the Hospital and the City -7- Zo 0 of Hutchinson, or any Contribution Agree- ments between LifeSpan and the Hospital or between LifeSpan and any corporation, part- nership or other legal entity directly or indirectly controlled by the Hospital, Life - Span shall not commit or pledge the operating revenues or assets of the Hospital for LifeSpan's debts or the debts of Life - Span's subsidiaries, or for any other pur- pose without the approval of the Hospital Board, nor shall LifeSpan commit or pledge the operating revenues or assets of any corporation, partnership or other legal entity directly or indirectly controlled by the Hospital for LifeSpan's debts or the debts of LifeSpan's subsidiaries, or,for any other purpose, without the consent of such corporation, partnership or other legal entity directly or indirectly controlled by the Hospital. ( Section 235 of the 1974 Ordinance Code 9 of the City of Hutchinson and the Hutchinson Community Hospital Governing Board Bylaws may be altered, amended or restated as pro- vided by law; subject, however, to the final approval of such alteration, amendment or restatement by the LifeSpan Board. Notwith- standing the foregoing or any other provi- sion in section 235 of the 1974 Ordinance Code of the City of Hutchinson and the Hutchinson Community Hospital Governing Board Bylaws to the contrary: (a) The rights of LifeSpan with respect to the Hospital may be terminated without the approval of the LifeSpan Board by adoption and publication of an amend- ment to section 235 of the 1974 Ordi- nance Code of the City of Hutchinson after advance notice of the proposed amencim.ent to L_'! -_5P -)n 3rd a hearing 3t which LifeSpan had the opportunity to be heard; provided that such amendment may be effective no sooner than six (6) months after adoption and publication and that a certified copy of such amendment as adopted and published Z` E shall promptly be gi•:en to the Chairman and to the President of Lifespan by registered or certified mail; and pro- vided further, that such amendment may be adopted and published only after April 30, 1993 and before August 1, 1993; and (b) The rights of Lifespan with respect to the Hospital may be terminated without the approval of the Lifespan Board by adoption and publication of an amend- ment to section 235 of the 1974 Ordinance Code of the City of Hutchinson after advance notice of the proposed amendment to Lifespan and a hearing at which Lifespan had the opportunity to be heard; provided that such amendment may be effective no sooner than six (6) months after adop- tion and publication and that a certi- fied copy of such amendment as adopted and published shall promptly be given to the Chairman and to the President of Lifespan by registered or certified mail; and provided further, that such amendment may be adopted and published only in accordance with section 235:05 of the 1974 Ordinance Code of the City of Hutchinson if the Lifespan Board fails to elect a successor director to an Elected Director (as defined in section 235:05 of the 1974 Ordinance Code of the City of Hutchinson) whose term is then expiring from among the first, second and third nominees sub- mitted by the Hospital Board to the Lifespan Board; and (c) The rights of Lifespan with respect to the Hospital may be terminated without the apprcvai �f the L;:eSpar. Boar) by adoption and publication of an amendment to section 235 of the 1974 Ordinance Code of the City of Hutchinson after advance notice of the proposed amendment to LifeSpan and a hearing at which LifeSpan had the -9- i'G7 i opportunity to be heard; provided that such amendment may be effective no sooner than six (6) months after adop- tion and publication and that a certi- fied copy of such amendment as adopted and published shall promptly be given to the Chairman and to the President of LifeSpan by registered or certified mail; and provided further, that such amendment may be adopted and published only under the circumstances specified in section 235:20 of the 1974 Ordinance Code of the City of Hutchinson; and (d) The rights of LifeSpan with respect to the Hospital may be terminated' without the approval of the LifeSpan Board by adoption and publication of an amend- ment to section 235 of the 1974 Ordinance Code of the City of C Hutchinson after advance notice of the • proposed amendment to LifeSpan and a hearing at which LifeSpan had the opportunity to be heard; provided that a certified copy of such amendment as adopted and published shall promptly be given to the Chairman and to the President of LifeSpan by registered or -- certified mail; and provided further, that such amendment may be adopted and published only upon the occurrence of any of the following events: (1) Any c!ange occurs in LifeSpan's corporate structure or operations which results in LifeSpan not having ultimate corporate control of the LifeSpan-affiliated group, or in LifeSpan failing to Qualify as an organization (i) described in section 501(c)(3) of the Internal Revenue Code of 1954, as amended (or any successor provision of the Code); (ii) exempt from income taxes under section 501(a) of the Code; (iii) contributions to which are deduc- tible under sections 170, 2055 and _10- Z-3 0 0603n 2522 of the Code; and (iv) which is not a private foundation described in section 509(a) of the Code; or (2) LifeSpan files a petition in voluntary bankruptcy, or for the composition of its affairs or for corporate reorganization under any state or federal bankruptcy or insolvency law, or makes an assignment for the benefit of creditors, or consents in writing to the appointment of a trustee or receiver for itself or for the whole or any substantial ,part of its property; or (3) If a court of competent jurisdic- tion shall enter an order, judg- ment or decree against LifeSpan in any insolvency, bankruptcy or reorganization proceeding, or appointing a trustee or receiver of LifeSpan or of the whole or any substantial part of the property of LifeSpan and such order, judg- ment or decree is not vacated or set aside or stayed within sixty days from the date of the entry thereof. LifeSpan shall have the right to resign its rights and duties with resgec•_ to the Hospital upon the affirmative vote of two -thirds -(2/3) -of - all of the members of the LifeSpan Board then in office by giving six (6) months written notice by registered or certified mail of such resignation to the Mayor and the President of the Hospital; provided that such notice may only be given after April 30, 1993 and before August 1, 1993. Upon the termination of the rights and duties of LifeSpan with respect to- -the--Hospital;--the rights theretofore held by LifeSpan shall be vested in the City Council and the Hospital Board. The LifeSpan Board shall take no action to prevent the City Council and the Hospital Board from exercising their authority to act under this section. Any action of the City Council and the Hospital. Board under this section shall not relieve the City of Hutchinson and the Hospital of any contractual obligations - previously assumed.' __ PARKS a RECREATION Is FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 (612) 587.2975 SENIOR CENTER CIVIC ARE* 587-6564 587.4279 TO: Mayor b City Council FROM: Bruce Ericson, Parks 6 Recreation Director DATE: April 20, 1988 RE: Parkland Dedication The Parks and Recreation Board is currently in the process of updating the land -use map to determine future parkland for the comprehensive plan. Their review process has determined two areas which need immed- iate attention: 1) updating the current ordinance and fee schedule. 2) areas of the city which need additional parkland due to rapid growth. The areas of most concern is the area north of the mobile home court between School Road and California Street. The board feels that in this area land dedication should be required rather than a cash equiv- alent. Their recommendation is to acquire land both west of California Street and east of California Street when that land is platted. A full report and recommendation will be submitted upon completion of the reviewing process which will__include_several future park areas for the comprehensive plan which is currently being updated. This report will include parkland in areas currently outside the city limits as required. klm • DAVID B. ARNOLD HAMS R. CARMICHAEL [CRAEL B. L.RARON GARY D. MCDOWELL PAYE KNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. RODE CHARLES L. NAIL. JR. LAURA E. PRETLAND DAVID A. BRUEOGEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 22, 1988 ARNOLD & MGDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON, MINNESOTA 55.730 Mr. John Lubitz Hall, Byers Law Firm P.O. Box 966 201 Hall Blodg. 921 First Street North St. Cloud, Mn. 56302 (612)567-7575 RESIDENT ATTORNEY O. BARRY ANDERSON Re: F & M Properties/City of Hutchinson Matter Our.File No. 3188-88-0063 Your File No. 11837 0 Dear John: 5001 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 50410 (012) 545.9000 MN TOLL FREE 000.343-4545 SOI SOUTH POURTR STREET PRINCETON. MINNESOTA 55371 (016)309.4214 I have just been advised that it is possible that the City Council may require a parkland dedication not only of your client, but also the adjoining property to solve the park problems which everyone agrees exist in the area. I understand the adjoining property is owned by Larry Bethke. I have no additional information to offer on this point except to note that this problem will be an agenda item Tuesday night as well. For your information, I am enclosing 9 and 10 of Ordinance No. 466, the City's subdivision ordinance and also Ordinance No. 330.72 dealing with recreation areas. I am sure you and I will discuss this matter between now and Tuesday night. If you have any questions with regard to this matter, please do not hesitate to contact me. Thank you. Very truly yours, . ARNOLD & McDOWELL G. Barry Anderson , BBA: lm CC Gary D. Plotz (612) 587-5151 f/UTCH' CITY OF HUTCHINSON . 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 APRIL 21, 1988 TO# MAYOR & CITY COUNCIL FROM# KEN MERRILL, FINANCE DIRECTOR ----------------------------------- SUBJECT# 1988 CAPITAL EXPENSES CONTINGENCY -------------------------------------------------------------- Our auditors have completed most of the field work for 1987 year end. Our 1988 budget held capital equipment in contingency pending an increase of fund balance from 1987. Our auditors say most adjustments have been completed and we should have a fund balance increase of some $909000. Formal audit numbers, however, will not be available until probably . June. If the council is comfortable with prelimary numbers it would be asked to release the #61,819. Detail of the $61,819 are attached. 0 9-L CITY OF HUTCHINSON CAPITAL ITEMS 1988 BUDGET • DEPT. ITEM AMOUNT ELECTIONS VOTING MACHINE # 2.000 MOTOR VECH. CASH REGISTER # 400 DESK CHAIR # 300 FILE CABINET # 225 POLICE VEST # 49000 DICTPHONE/TRANSCRIBER # 11100APPROVED LIGHT BARS # 19400 PORTABLE RADIO # 11900 DICTAPHONE /RECORDER # 119224 FIRE TURN OUT GEAR # 11655 MISC SMALL TOOLS # 700 HOSE # 375 PITO BASE # 125 1 1/2 INCH NOZZLE # 325 PAGERS (8) # 39640APPROVED PORTABLE RADIO # 500 BUILD. INSP.HP150 & PRINTER # 39550 FIRE MARSH. FILE CABINET # 200 . ENGINEER TRANSIT # 39600 MICRO FILMING # 500 CIVIC ARENA NETS # 300 PARK PICNIC TABLES # 31000 MOWER # 39500 RADIO # 500 INFIELD REPAIR # 2,000 FLOWER/SCHUBS # 11500 TREES # 2,500 APPROVED TENNIS COURTS # 51000 HORSEHOE PIT # 29000 CEMETERY MOWER f 39500 AIR COMPRESSOR # 300 ------------ # 61,819 9-L (612) 587.5151 Harcy' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit as requested by Scott Hogrefe Pursuant to Section 6.05, C5, of Zonin 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. .l67i11:1 On March 10, 1988, Scott Hogrefe submitted an application for a conditional use permit to allow him to move a 1974, 14'x7O, mobile home on property located at 495 California St. A public hearing was held at the regular meeting of the • Planning Commission on Tuesday, April 19, 1988, 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, April 7, 1988. - 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, subject to an inspection of the mobile home by staff to verify the unit mee,4 code. Ahomast;Lyke, ly submi d, iCha' man Hutchinson Planning Commisson RESOLUTION NO. 8771 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER • SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO TO ALLOW THE OWNER TO MOVE A MOBILE HOME ON PROPERTY LOCATED AT 495 CALIFORNIA ST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Scott Hogrefe of Hutchinson has made application to the City Council for a Conditional Use Permit under Section 8.04 of Zoning Ordinance No. 464 to allow him to move a 1974, 14'x70' mobile home on property located at 495 California St., with the following legal description: Lot 5, Block 1 California Addition - City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental • to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above. Adopted by the City Council this 26th day of April, 1988. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator • 0 • • MEL LAS �FIRST1 ND'ADDITION California Second Addition � ww..e1 1984 ............... »- MfU ; \ to 10 2 f oft ►W- '� C W 2 v Ir j`i ooarso asf U. _.. s 110 V o (� ! afvn ur .I frA 70 ww v =� �Ta � • IA to M K V• M 7fe aL Ia s m �- .aa»--•- -J a14.vf. M "all, »»p.Mt .n 4%- -me 13.92--- i C1 Q , o..y�+ • s i Z ' a !� ft."t 1..1 M .W. M ..pwry r1 1r O------------ J U. _ f___________ __ bMf.lfY » Mif N.1l.$ 81.1M r p-Ila.fa- ' MfY•1'Op( i 173 9 z2, (612) 587.5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as Submitted by Scott Hogrefe Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a variance. HISTORY On March 10, 1988, Scott Hogrefe submitted an application for a variance to allow him reduce the rear yard setback from 25' to 21' on property located at 495 California St. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 1, 1988. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be denied due to the fact the unique circumstances are not relative to proving a hardship. A recommendation would be to review the zoning of the area and rezone down. submitted, air n Hutchinson Plannin ommisson 11 0 11 • 0 ADDITION California Soeond Addition .ar.eei 1984 ...........: _ .M � �. � air* M wWf� M«.rM� «�.M�r,r• ............... �x f = 1 �o I ------------ • eN/N y ..e� p N rte w Mw r...w. sem" 0 ; w aar r to" i 4. 7 L' _ Y �..7- of .._..— — W � w s u. w as w w a.. ss. �z rriW A 9"s., 1 �... _.p N__. J . r.____.____. .l areq..� N V Wnh q�M rr i� :e0 2 , 1 173 � n � '.�� i � air* M wWf� M«.rM� «�.M�r,r• �x f = a1 1 ------------ • eN/N y ..e� p N rte w Mw r...w. �z rriW A 9"s., 1 �... _.p N__. J . r.____.____. .l areq..� N V Wnh q�M rr i� :e0 2 , 1 173 � n F (612)587-5151 /TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST • HUTCHINSON, MINN. 55350 M E M O R A N D U M Date: April 19, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Request for Rezoning as Submitted by City Staff Pursuant to Section 6.06, C4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On March 15, 1988, City Staff was instructed to request a rezoning from R-2 (multiple family residence) to R-3 (multiple family residence - higher density) • on the property located at Franklin St. and 4th Ave. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, at which time there was no objection to the request. FINDINGS OF FACT 1. The required application and site plan were submitted and the appropriate fee was paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 7, 1988. 3. It was the consensus of the majority of the Planning Commission that the request was appropriate for the area. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be granted. Resp ully submitted, 9, • homas Lyke, Chalmgn Hutchinson Planning Commission -a -■ IU 9 1 3.3 mo F o ! N C 10 9 S 9 2 4 3 Z I' 3 1 w NORTH SECOND AVENUE SOUTHWEST - I • SOUTH PARK n -■ IU 9 1 3.3 mo F o ! N C 10 9 S 9 2 8 3 Z 8 3 1 J I 7 4 10 91 CJ � _ _._ 2 I e 6 o 5 3 Z J 2 u! Is! ' 3 Y F- FIRST AVE. a 8 13! D! ir 10 1! U. o 8 e 9 2. 8 3 7 4 i s s 5 SOOT: 3• 7 4 SECOND AVENUE SOUTHWEST - I • SOUTH PARK n in 13 THIRD AVENUE -■ IU 9 1 3.3 mo F o ! N C 10 9 I 2 S 8oz 8 3 7c 7 $ to 1 6 32 oc in ■c. 13 10 91 2 � _ _._ 2 I W 3 9 2 9 W ' 3 14 n, F- 8 3 o 8 i/l VJ i AVENUE SOOT: 3• 7 4 i 2 1 I r Ic J 4 '� 0 6 5 Z I: 11 ii 2 F..H S in 13 THIRD AVENUE FOURTH AVENUE SOUTHWEST X825 -■ IU 9 1 3.3 mo F o ! N C 10 9 I 2 S 8oz 8 3 7c 7 4 6 6 32 oc in ■c. 13 12: 12 FOURTH AVENUE SOUTHWEST X825 82.5 825 825 825 825 925 a- 6 5 4 3 2 I 9 2 y9- 13 12: 12 2 � _ _._ 2� I 51 3 0 8 9 10 I 11 �12 1 13 1 14 n, 6 5 1 6 1 i FIFTH sy, a b' ss .3.5 e2 3 ezzK 4' •.•'I 10 1 9 2 y9- 13 12: 12 2 8 J _ _._ 2� I '32 U2 IePA°! °; LOC■WC■ I 6P U2 I 10 1 9 2 9 2 $ 8 3 8 51 3 7 I� 4 7 4 6 5 1 6 AVENUE SOOT: 3• Q ! O �—y i 2 1 I r Ic J '� F Z I: 11 ii 2 ? Ex 9 11 2 (612) 587-5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as Submitted by Jerry Eggert Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a variance. HISTORY On March 23, 1988, Jerry Eggert submitted an application for a variance to allow him to reduce side yard setback from 6' to 3' for the purpose of constructing a larger garage on property located at 630 Juul Rd. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as we 11 as published in the Hutchinson Leader on Thursday, April 7, 1988. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be denied on basis of lack of hardship. Hutchinson miisson is • t 0 F i n Q--GYyr, af.'x 3a' IWrsA (612) 587.5151 ITY OF HUTCHINSON VASHING TON AVENUE WEST .HINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM Hutchinson Planning Commission SUBJECT: - Amendment to Subdivision Ordinance #466 Section 5.10 ----------------------------- Pursuant to Section 6.06, C1, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for an amendment to the Subdivision Ordinance. HISTORY After months of review of Subdivision Ordinance #466, Section 5.102 the Planning Commission set a public hearing for April 19, 1988, at which time an updated version of the Ordinance, Section 5.10 thru 5.105 was considered. At the public hearing, ---there was no onepresentwho objected to the proposed amendment. FINDINGS OF FACT 1. All procedural requirements for amendments to the Subdivision Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursday, April 7, 1988. 3. The proposal was deemed to be appropriate and in the best interest of the City. RECOMMENDATION It is the recommendation of the Planning Commission that the afore- mentioned request for amendments to Subdivision Ordinacne #466 be approved according to the attached memo from the Park Board dated March 3, 1988. lt ly s tted, aosLyke, airman Hutchinson P nning Commission 11 i i PARKS a RECREATION a FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 (612) 587.2975 SENIOR CENTER CIVIC ARENA 587.6564 587.4279 T0: Planning Commission FROM: Parks b Recreation Board DATE: March 4, 1988 SUBJECT: Park Dedication The following recommendations are for your consideration in revising the policy on park dedication. We realize that the complete ordinance needs to be rewritten, and feel several points need to be considered to include: 1. The park dedication should be based on the following formula which allows for different types of housing and densities Single Family - $250/unit or 10% of the undeveloped site (or its fair market value) whichever is greater. Duplex - $200/unit or 16% of the undeveloped site (or its fair market value) whichever is greater. Multi -Family - $150/unit or 20% of the undeveloped site (or its fair market value) whichever is greater. 2. The cash dedication fee should be paid at the time the building permit is issued. 3. The cash dedication fee for commercial/industrial land use should be 5% of the fair market value of the undeveloped property. 4. The determination whether land or the cash equivalent is accepted is the option of the City Council. 5. The cash values used should be'reviewed by the Parks and Recreation Board each year. klm cc: Eugene Anderson Parks 6 Recreation Board (612) 587.5151 f1UTlN' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 March 18, 1988 M E M 0 To: Mayor and City Council Planning Commission Park Board From: James Marks, Building Official Eugene Anderson, City Engineer RE: Administrative Responsibilities for Collection of Park Land Contribution Fee Please keep in mind the administrative responsibilities while finalizing your decision regarding the Park Land Contribution subject. At present, both engineering and building are overloaded with workload and would appreciate your cooperation in simplifying administrative duties for efficiency. We feel the following suggested procedures are the most practical: All fees are to be collected at the time of platting as part of the sub -division agreement according to the following densities: 1) R-1 and R-2 Single Family S or t of Land Value 2) R-3 Multi -family Full Density - 2200 S D.V. $ or _a of Land Value 3) Commercial & Industrial $ or a of Land Value To collect the fees at the time of issuance of the Building Permit would be an administrative nightmare for the following reasons: 1) How do new homes in existing developments contribute? 2) Now does major remodeling affect contribution and what constitutes major remodeling? 3) Whose responsibility is it to remember which plats are under the old schedule versus the new? 4) How are lot splits handled? 5) How are incorporated lots handled (two become one)? page 2 We presently have seven forms to be filled out for Building Permit Application for a new home. In an effort to reduce bureaucracy, we are requesting Council's cooperation on this matter. Please - keep it simple. Respectfully, / n Ay vc ,James G. Marks Building official cc: Gary Plotz Ken Merrill Bonnie Baumetz JM/pk LugeAnderson City Engineer (Attach with Agenda) EXISTING PARK CONTRIBUTION SCHEDULE Lot Area in Lot Area In 1000 Sq. Ft. 1000 So. Ft. Increments Cost Increments Cost v 0- 8 $ 84.70 92-100 $372.68 8-12 .101.64 100-120 389.62 12-16 123-20 120-140 406.56 16-20 135.52 140-160 423.50 20-24 152.46 160:180 440.44 24-28 169.40 180-200 457.38 _ 28-32 186.34 200-240 474.32 32- 36 203.28 240-280 491.26 36-40 220.22 280 -320 508.20 40-44 237.16 320 -360 525.14 44-48 254.10 360- 400 542.08 48 -4'12 271.04 400-450 559.02 52-60 287.98 450-500 575.96 60-68 304.70 500- 550 592.90 68-76 321.86 550 -600 609.84 76-84 336.60 Over 600 677.60 84-92 355.74 Plus an additional $27.50 per dwelling unit over one (1) unit per loi. August 11, 1981 April 14, 1988 John Miller 336 South Main Street Hutchinson, Minnnesota 5 612-587.6500 Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Mr. Plotz: FOR YOUR INFORMATION Regarding the proposed amendment to the Subdivision Ordinance #466 and the hearing on April 19, 1988, I would like to respond in writing because I will be unable to attend the meeting on April 19, 1988. I have no objection to the increased fees as long as the money is set aside in a special fund for playgrounds and not co -mingled in the general fund. The suggestion I have is the same message I have been preaching for 20 years and that is not to eliminate the neighborhood playgrounds by taking cash in lieu of land from the developer. Example: There are no playgrounds north of Highway 7 and east of Connecticut until you get to Glen Street North. There must be 1,000 kids in that area and no playground. We have an over -abundance of parks in Hutchinson but a real shortage of neighborhood playgrounds and skating rinks. I think the Park Board should monitor the Planning Commission and make sure they don't allow large developmetns to be platted without making provisions for playgrounds. Please read this at the April 19 hearing. Thank you. Sincerely, John E. Miller JM: cs✓ r (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 APRIL 21. 1988 T03 MAYOR & CITY COUNCIL -------------------------------------------------------------- FROMs KEN MERRILL, FINANCE DIRECTOR ----------------------------------- SUBJECTt CITY PARKS As requested by Mayor Ackland and from the sketchy past the following information is offered. PARK NAME Roberts Park "Millers Woods" Park Land South - Wastetreat Plant (new site) West River (Optimist) Tartan Park West River Park (Firemens) West River (W. of sanctuary) West River (E. of sanctuary) West River (across from Tartan) HOW ACQUIRED ---------------- Contract for deed was being paid from Public Trust fund Donated with conditions Water/Sewer Purchased UNKNOWN UNKNOWN orginal unknown additional land LAWCON Grant Land unknown LAWCON development funds used UNKNOWN Land & Bass Pond acquired LAWCON GRANT Funds for LAWCON Grant were matched with a local tax levy. 0 T (612) 587.5151 H�7cH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST _ _ HUTCHINSON, MINN. 55350 M E M 0 DATE: April 20th, 1988 TO: Mayor and City Council FROM: Director of Engineering RE: Collection of Park Contribution Fees During consideration of a revised Park Contribution Fee Schedule, it is requested that the Council also consider the attached memorandum that discusses problems associated with collecting the fees at the time a building permit application is made. Such a policy would be time consuming to implement and enforce on a day-to-day basis. Furthermore, a policy of collecting fees at the time of the permit would be subject to error. On the other hand, collecting the fee at the time of signing the Final Plat minimizes errors and potential misunderstandings at later stages of development. EA/pv attachment 0 Respectfully submitted, ene derson Di recto of Engineering March 10, 19" (6fy)Sd7.6f51 lT Y OF HUTCHINSON VASMING 10N AVENUE WEST , ,AS ;N. MINN 55350 To: Mayor and City Council Planning commission Park board K b K O From: James Marks, building Official Eugene Anderson, City Engineer RL: Administrative Responsibilities for Collection of Park Land Contribution Pee Pleas keep in mind the administrative responsibilities while finalising ject- your decision regarding the Park Land contribu io with workload andtrpould nt, both engineering and building are overloaded appreciate your cooperation in simplifying administrative duties for efficiency. we feel the following suggested procedures are the most practical: All fees are to be collected at the tthmo llowof platting ing densities: rt of the sub -division agreement according to or s of Land Value 1) R-1 and R-2 Single Family 2) R-3 Multi -family D V. Pull Density - 2200 0 3) Cosmrercial s industrial S or t of Land Value $ or t of Land Value To collect the fees at the time ooff ivafnMofthe ollowing rebas nsiing Permit would be an administrative nigbtaare f 1) Now do new homes in existing developments contribute? 2) Nov does major remodeling affect contribution. and what constitutes major remodeling? 3) Mho" responsibility is it to remember which plats are under the old schedule versus the new? 1) Now ars lot splits handled? S) Now are incorporated lots handled (two become one)? 1J 0 0 9 0 page 2 We presently have seven forms to be filled out for building Permit Application for a new home. In an effort to reduce bureaucracy, we are requesting Council's cooperation on this mutter. Please - keep It simple. bespectfully, ,James G. Mark& building official cc: Gary Plots Ken Merrill Donnie baummsts JN/pk //'i Eugene Anderson city Engineer (Attach with Agenda) C PARK & RECREATION ACREAGE IN CITY OF HUTCHINSON CITY OF HUTCHINSON TOTAL ACREAGE: 3567 ACRES OTHER AREAS wwwww------wwwwww-- CROW RIVER COUNTRY CLUB 90.0 2.52% DIST 423 ECOLOGY SITE 15.0 0.42% MCLEOD COUNTY FAIRGROUNDS 30.0 0.84% TREE DUMP (FUTURE PARK/REC AREA) -93.0 ww2.61% TOTAL OTHER AREAS 228.0 6.39% TOTAL PARKS. PLAYGROUND & OTHER 526 14.75% NOTE: OTHER SCHOOL PROPERTY,CHURCH PROPERTY AND -PRIVATE --- ----- ACREAGE NOT INCLUDED IN ABOVE NUMBERS. 19 -Apr -88 r c� ' % OF PARKS & PLAYGROUNDS ACREAGE TOTAL w w .1 www ---- w w- N w w w -------- -------BASS BASSPOND 12.0 0.34% BRIDGE PARK EAST 8.0 0.22% BRIDGE PARK WEST 8.0 0.22% BURNS MANOR 8.0 0.22% COLLEGE HILL 4.0 0.11% FILTER PLANT NORTH 6.0 0.17% LIBRARY SQUARE 4.0 0.11% LINDEN PARK 16.0 0.45% LUCE LINE TRAIL 35.0 0.98% MILLERS WOODS 24.0 0.67% MINING PARK 5.0 0.14% NORTH JAYCEE PARK 8.0 0.22% NORTH PARK 6.0 0.17% OPTIMISTS PARK 8.0 0.22% ORCHARD PARK 6.0 0.17% ROADSIDE PARKS (3) 5.0 0.14% ROBERTS PARK 35.0 0.98% SAAR PARK 6.0 0.17% SOUTH PARK 10.0 0.28% TARTAN PARK 12.0 0.34% VFW PARK 4.0 0.11% WEST RIVER PARK 23.0 0.64% GOPHER CAMPFIRE SANCTUARY 25.0 0.70% OTHER PARKS LESS THAN 4 ACRES EACH ww20.0 ww0.56% TOTAL PARK, 298.0 8.35% OTHER AREAS wwwww------wwwwww-- CROW RIVER COUNTRY CLUB 90.0 2.52% DIST 423 ECOLOGY SITE 15.0 0.42% MCLEOD COUNTY FAIRGROUNDS 30.0 0.84% TREE DUMP (FUTURE PARK/REC AREA) -93.0 ww2.61% TOTAL OTHER AREAS 228.0 6.39% TOTAL PARKS. PLAYGROUND & OTHER 526 14.75% NOTE: OTHER SCHOOL PROPERTY,CHURCH PROPERTY AND -PRIVATE --- ----- ACREAGE NOT INCLUDED IN ABOVE NUMBERS. 19 -Apr -88 r c� ' (612) 587-5151 ITY OF HUTCHINSON VASHING TON AVENUE WEST .HINSON, MINN. 55350 M E M O R A N D U M Date: April 19, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Request for Rezoning as Submitted by Deforest Wagner Pursuant to Section 6.06, C4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On March 28, 1988, Deforest Wagner submitted an application request to rezone property located west of Dale St. from R-2 (Multiple family residence) to R-3 (Multiple family residence - higher density) for the purpose of housing development. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, at which time there was objection to the request. FINDINGS OF FACT 1. The required application and site plan were submitted and the appropriate fee was paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson leader on Thursday, April 7, 1988. 3. It was the consensus of the majority of the Planning Commission that the request was inappropriate for the area. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be denied to be in accordance with the Comprehensive Plan. Resperofully submitted, Thoma sY ke C a' man Hutchinson Planning Commission tl'Nltf qfs" - - J1b `\ n CL „L4f , PUBLIC HEARING Rezoning of Property from R-2 (Multiple Family Residence) to R-3 (Multiple Family Residence Higher Density) The school district is opposed to this re -zoning for the following reasons: 1. The property was zoned as R-2 when the school district purchased the property. This was a consideration that led to the purchase of the property for a school building. The district has concerns as to the density of property around a school site. 2. A change to an R-3 zone would substantially increase traffic problems in and around our school site. 3. High density population next to a school facility has not worked well in other areas of the state for a variety of reasons, including misuse of school facilities. 4. Because of the property layouts there is no separation of play- ground areas between the proposed R-3 propety and the school property. The school property will have a high use of playground areas and we would be greatly concerned abut the number of little children that may be around the rezoned area and on school property. The property will be used for physical education by older students, softball and baseball. 0 (612) 587.5151 F CITY Of HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as Submitted by Everett Hantge Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a variance. HISTORY On March 29, 1988, Everett Hantge submitted an application for a variance to allow him to construct a building addition 12' off the front property line located at 400 South Glen St. and to waive the parking requirement. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 7, 1988. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be granted considering the parking understanding with Peace Lutheran Church as adequate and siting the handicapped accessibility as hardship. TResp ly submitted, omas Ly e, Cha' n Hutchinson Planning Commisson 11 RESOLUTION NO. 872 RESOLUTION GRANTING VARIANCE FROM SECTION 6.05 OF ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER REDUCE FRONT YARD SETBACK TO 12' AND WAIVE PARKING REQUIREMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Everett Hantge, Dobratz-Hantge Funeral Chapel, has applied for a variance from Sections 9 and 10 of the Zoning Ordinance No. 464 to allow him to construct a building addition 12' off the front property line located at 400 South Glen St. and waive the parking requirement, with the following legal description: Lot 1, Block 53 South Half Townsite of Hutchinson City of Hutchinson 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be granted taking into consideration the parking understanding with Peace Lutheran Church as adequate. 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 increase the congestion in the public streets, increase the danger of fire, endanger the public safety, 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 demon- strable hardship or difficulty. CONCLUSION The application for variance for the purpose designated is granted based upon the findings set forth above. Adopted by the City Council this 26th day of April, 1988. Paul Ackland *40 5��.'I F (612)587-5151 ITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit as requested by Everett Hantge Pursuant to Section 6.05, C5, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On March 29, 1988, Everett Hantge submitted an application for a conditional use permit to allow him to construct a building addition to the existing funeral chapel located at 400 South Glen St. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, 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, April 7, 1988. 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. tLy lly submitted, ke, airman Hutchinson Planning Commisson — 7 RESOLUTION NO. 8773 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO TO ALLOW THE OWNER TO CONSTRUCT A BUILDING ADDITION TO EXISTING FUNERAL CHAPEL LOCATED AT 400 SOUTH GLEN ST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Everett Hantge of Hutchinson has made application to the City Council for a Conditional Use Permit under Section 8.03 of Zoning Ordinance No. 464 to allow him construct a building addition to the existing funeral chapel located at 400 South Glen St., with the following legal description: Lot 1, Block 53, South Half Townsite of Hutchinson City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above. Adopted by the City Council this 26th day of April, 1988. Paul L. Ackland Mayor ATTEST: Gary D. P otz City Administrator U_— rr (612) 587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as Submitted by James Gagnon Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a variance. HISTORY On March 31, 1988, James Gagnon submitted an application for a variance to allow him to reduce side yard setback from 6' to 2' for the purpose of constructing a garage addition on property located at 75 -5th Ave. N.E. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 7, 1988. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be denied based on lack of hardship. The motion called for a roll call vote. ResPsLy submitted, Th, rman Hutchinson Pla ng Commisson 11 9 u 0 Kt �� • fn�R ?REE { : TREE r Evde4aEEN � SNRuOS �_:J DRWEAAy -.. ` ;76awcL 3EOS 0 ?RESENT SITE — FtCau2E �- i R. t i i SNFD vlYc SMFD � - � �'.tAGE - • i GPRE6E 3o yo' HOUSE U�it s.orw.a��c '6o.�•EvA�tO _� I S�'' Ave N.E. Ex,SrihG Sore '75— S n, AvE -14+TCN114 40�f 9CA6C'. I 3r: T a, Co u 9asr, sa�GMc 'PROPolco HDDITIVIQ 1-tGURE J 41!1;-- . t 'f30.5 GAAACOE wx - ;� 4 I GARt1Gf i�4.o ADDITION < `SNC lot' KWe" �•-- � GNRRGF 2i'Y20'L" ___ _----.__t fM A..— Y. f- ;fel P Alk"k, Sq,cm.s rn *" C c GartRGf - 'f30.5 GAAACOE wx - •384.5 Gaga EpuiP. - i�4.o TeTp� s 994.0 o s so of 20 yo' I �4 QoPe[EO CARA46 ADD+TM •a5-5� Awe NE ►�..T+c.M+w se N, MN 4Y : ?. E. GAiN•N -DM: ;f.mARCN. —x4 —� .,.�svZ,.''�l�j1, j• .,.3 is G,; ?n,-�-o<l /70� U,t�cs 0 0 0 • N� /U&LEoD F%vE S6 Me�.eoo �o% 4 Me1ED♦ 1?oE 74 NtLcaO qrd T . �f � 4 i p vE NE *V N N GGGIII///�j� aw" 5-t*AvE. XC (612) 587-5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Conditional Use Permit as requested by James Gagnon Pursuant to Section 6.05, C5, 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. f1 &* tf1137 On March 30, 1988, James Gagnon submitted an application for a conditional use permit to allow him to construct an addition to the present non -conforming garage located at 75 -5th Ave. N.E. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988, 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, April 7, 1988. 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. Res fully submitted, hs Lyke,C firman Hutchinson Planning Comnisson RESOLUTION NO. 8774 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO TO ALLOW THE OWNER TO CONSTRUCT A BUILDING ADDITION TO EXISTING NON -CONFORMING GARAGE LOCATED AT 75 -5TH AVE. N.E. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. James Gagnon of Hutchinson has made application to the City Council for a Conditional Use Permit under Section 8.03 of Zoning Ordinance No. 464 to allow him construct a building addition to the existing non -conforming garage located at 75 -5th Ave. N.E., with the following legal description: South 330' of East 1/2 of Lot 4, Block 5 - Townsite of Hutchinson. Also described as South 330' of East 1/2 of Lot N of Auditors Plat of Subdivision of Block 5 - Norht Half City of Hutchinson. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted, based upon the findings set forth above. Adopted by the City Council this 26th day of April, 1988. Paul L. Ackland Mayor ATTEST: Gary 0. Plotz City Administrator (612) 587-5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: — CONSIDERATION OF AMMENDING SITE PLAN AT SCHOOL RD AND GULF COURSE RD I: &MIRVA In March, 1988, Mr. Terry Mick, St. Cloud, MN, submitted an amended site plan of five 16 -unit apartments to be placed on the R-3 zoned property located on the corner of School Rd and Gulf Course Rd. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, April 19, 1988 at which time there were several neighboring property owners from the Rolling Greens Home Owners Association objecting to the proposed site plan change. FINDING OF FACT 1. Notice was published in the Hutchinson Leader on Thursday, April 19, 1988. 2. Notices were mailed to surrounding property owners. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request be denied based on the fact 25% increase of density is not consistent with the original plan presented in 1986. There was a roll call vote. 4L�Re lly submitted, as Lyke, irman Hutchinson Planning Commission Zv r - April 25,1988 T0: Members of Hutchinson City Council Hutchinson,Minnesota Ref: Request for rezoning site plan on East 700 Feet, Lot I,Block 6 Helland's 1st.. Addition --City of Hutchinson We are writing to expresys our concern over the action herein taken to consider increasing the density of units on said property. It has always been our position that the land along the Golf Course should be restricted to more select unit construction, of townhouses or individual homes with independent ownership of each unit. We believe that there are so many areas in Hutchinson that have been available for higher density construction. In fact, we have areas south of the site in question that have always been zoned for apartment and higher density development, and which are available for such development. When the area in question here was changed from R-2 to R-3, it was with the definite understanding that the approval was given with regard to the one specific project. No expansion or changes in this revision were to be • considered. We understood that if any changes were made, it would be to revert to the original R-2 zoning. We have preservedthe concept of quality construction in all of the area west of. School Road. We had to alter the plans south of School Road, because our land abuted the Mobil Home Development to the south --and thus made select home construction in the larger homes unmarketable. We do not want this to happen to this choice area along the golf course. Realizing that many areas are available for this type of "development in less select areas of Hutchinson, We are bitterly opposed to the type of development being proposedfor this area. We feel it will seriously affect the value of the balance of our property to the west, and will violate all of the years of cooperative work with the City Council for the quality development of the area. We request that this area be rezoned to R-2, as original plat indicated. WW�A.�Helllan�d, original developer, and sons--Thomas,Tyrone and Lorne Helland DAVID R. ARNOLD CHARLES R. CARMICHAEL MICHAEL B. LCBARON GARY D. M-DOWELL PAYE KNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOGE CHARLES L NAIL, JR. LURA R. FRETLAND DAVID A. BRUEGOEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 21, 1988 A$NOLD & MCDOWELL ATTORNEYS AT LAw 101 PARK PLAGR HUTCHINSON, MINNEsoTA 55350 (812)587-7575 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Contract Zoning Question Involving School Road and Golf Course Road Project Our File No. 3188-87-0065 Dear Gary: 5831 CEDAR LIRE ROAD MINNEAPOLIS. MINNESOTA 53418 (e12)545.0000 MN TOLL FREE 800.343-4543 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (512)350-2214 At the request of the Planning Department, and at the request of the • City Council, I have reviewed the Hutchinson Zoning Ordinance beginning with Section 6.06 entitled "Amendments" to determine whether or not the Council has authority to reject the proposed site plan calling for an (eighty unit apartment complex as opposed to the sixty four unit project currently approved. In order to understand whether or not the Council has authority to act in this matter, it is necessary to consider two factors. First, an examination must be made of the existing zoning ordinance and second, it is necessary to look at the broader question of con- ditional or contract zoning. I* First, I direct your attention to paragraph C(2)(C)(5) which notes specifically a requirement for a "map, drawn to scale, clearly showing the property proposed to be reclassified, its present zoning classification, existing uses, its initial use under the proposed reclassification and a preliminary bu d ng and site development plan." (Emphasis added). The ordinance then goes on to specify that a public hearing shall be set, advertised and conducted as required by the ordinance. 9,-44r Mr. Gary D. Plotz April 21, 1988 Page 2 There are several significant omissions from the ordinance as drafted. These omissions include the following: A. There is no reference anywhere in the ordinance that rreeg_uir�es the developer to construct the facility in accor- and ce with the preliminary building and site development plant. while an argument could be made that the authors of the ordinance ex ected that construction would follow the preliminary plan, it does not appear that there is any legal requirement in the ordinance to follow the plan. B. There is no provision in the ordinance that would require that the construction be completed in accordance with the site plan within a specified period of time, a requirement that some communities are now using. Usually, that kind of requirement is coupled with a provision that requires the property to revert to its prior zoning in the event construction is not completed as anticipated. C. There is no language in the ordinance that allows the Council, or the building department, or any other municipal entity, to require a proposed developer to bring a new site plan back to the planning commission and to seek planning commission approval and thereafter, Council approval. It is true that the ordinance does make reference to proposed changed (sic) or amendments and does indicate that the City Council has the authority to kick in the process; however, that language refers to Amendments to the Zoning Ordinance and it is not at all clear that an otherwise uninformed developer, having no notice of the pre-existing site plan, can be required to bring a new site plan before the Planning Commission. It is instructive to note that the zoning ordinance was amended in 1986 and at the time of the amendment, the specific language adopted and presumably published as required by law, does not make reference to a site plan or a site plan requirement. In summary, looking at the ordinance as it is currently drafted, I see little hope in relying on the language of the ordinance in an attempt to prevent, stop or alter this project. W Mr. Gary D. Plotz April 21, 1988 Page 3 There is a second issue, which is the larger question of whether or not a municipality may engage in contract or conditional zoning. There is a legal distinction between the two with conditional zoning generally regarded as at least arguably permissible and contract zoning regarded as unconstitutional. An extensive discussion of these issues is probably not relevant or appropriate here, but it would be my recommendation that the City of Hutchinson look to adopting an ordinance which will accomplish what everyone thought was being accomplished by the 1986 amendment, specifically to allow rezoning in a specified area only upon performance of construction in accordance with certain guilelines. I might point out that a planned unit development now gives the City the authority to control development and one way to avoid problems that we now face would be to informally advise the developer to present the program as a PUD. Obviously, we cannot do that in the existing controversy. Finally, in the event the City Council upholds the Planning Commission, litigation will inevitably result. The developer has advised the Planning Commission that their contract with prospective purchasers requires the construction of eighty units and I believe a letter from the attorneys for the purchasers was introduced at the Planning Commission hearing. I have reviewed the letter and in fact, I have briefly reviewed the contract between the developers and the purchasers and both appear to be consistent with each other; in short, there does appear to be an existing agreement for eighty units which the developers are required to construct. I have not reviewed, and in fact do not have, a copy of the agreement and I therefore cannot tell you what the specific terms are nor can I tell you whether or not there might be an "escape clause" somewhere in the agreement. If the Council turns down this particular site plan, there is at least the possibility that the City will have exposure for damages up to the original amount of the contract, which is believed to be somewhere in the neighborhood of $2 million. obviously, there are a number of factors which would reduce the City's damages and perhaps eliminate them altogether, including the possibility that governmen- tal immunity will protect the City from any claim at all. However, I have the duty to at least advise you of the possibility of such a claim and I do not at this time have anywhere near the information necessary to evaluate whether or not the risk is significant. Mr. Gary D. Plotz April 21, 1988 Page 4 Based on the information in my possession, I would not recommend approval of the action of the Planning Commission. I would be happy to answer any questions that you might have regarding this project or my analysis of the legal issues surrounding it. Best personal regards. Very truly yours G. 0 Section 330:70 b. Pavements. All streets and alleys shall have a graveled surface at least 2 inches in thickness over the traveled width and streets shall have curb, gutter and permanent surfacing. c. Streets must be graded of material to meet specifications which are approved by the City Engineer. Subd. 3. Pedestrian Ways. Pedestrian ways shall be installed. Subd. 4. Water Supply. Watermains shall be provided to serve the sub- division by extension of the existing City system. Service connections stubbed in to the property line and all necessary fire hydrants shall also be provided. Subd. 5• Sewage Disposal. Sanitary sewer mains and service -connections stubbed in to the property line shall be provided to serve all the lots in the subdivision and shall be connected to the existing City sewer system, except that where connection to the City sewer system is not available in a street adjacent to or within the subdivision the sewer system within the sub- division shall be installed and capped for future use. A variance to this requirement shall be granted if the grades for such sewers to the existing sewer system cannot be provided. .%bd. 6. Drainage. A system that will adequately take care of the water runoff within the subdivision shall be provided. Se=t`_cn 330:70. Payment for Installation of Required Improvements. The required W— re-.ents to be furnished and installed by the subdivider which are listed and des:: -:bed in Section 330:68 are to be furnished and installed at the sole expense r: to Subdivider and at no expense to the city; provided, however, that in the case of an improvement the cost of which would by general policy of the Council be asse'ted only in part to the improved property and the remaining cost paid out of pneral tax levy, the Council may make provision for payment of a portion of the onrt by the subdivider and the remaining portion of the cost by the city; and provided, ft Cher, that if any improvement installed within the subdivision will be of substan- i•.a: benefit to lands beyond the boundaries of the subdivision, the Council may Mair Pr'wi-sion for causing a portion of the cost of the improvement, representing 0* tenefit to such lands, to be assessed against the same and in such case the aa�'vider will be required only to pay for such portion of the whole cost of r=d �7Provement as will represent the benefit to the property within the sabdivision. Provided, however, that in the event such utility proves to be a K'= f OMy trunk system, the subdivision shall pay that portion of the cost Caere which by charter provision and/or practice has been the method of assessing =tsts in Hutchinson for such improvements. 330:72, Recreation Areas Required. Recreation areas are a basic need it7 life and adequate area suitable for such use may be required, the extent of OMW to be governed by the nature of the area to be developed and determined after �Oferring between the City Planning Commission and the Platter. In no case shall Ie! than 10% of the total area of the plat be required to be reserved for such 74'ation areas. following improvements before approval of a plat; or shall provide the necessary funds in escrow; or shall provide a performance bond in an amount necessary to insure compliance with the installation of improvements as herein required. Provided, however, that the City Council may also accept petitions for said improvements to be Instal- led on a special assessment basis. All of the improvements required in this section shall be constructed only after the plans and specifications thereof have been approved by the City. No areas platted after the date of this ordinance outside the City of Hutchinson or properties subdivided by metes and bounds descrip- tions after date of this ordinance wiII be accepted for annexation unless it shall substantially conform or can be made to substantially conform to the minimum standards herein. 5.01 GENERAL: The plat shall conform to the Official Map and other parts of the adopted Comprehensive Plan of the City of Hutchinson. 5.02 OFFICIAL MAP: Whenever a tract to be subdivided embraces any part of an arterial or collector street or highway, so designated on the Official Map, such part shall be platted by the subdivider in the location and at the width indicated on said plan. 5.03 DRAINAGE AND FLOOD HAZARD AREAS: The right is reserved to disapprove any subdivision which is subject to poor drainage. However, if the subdivider agrees to make such improvements as will make the area safe for residential occupancy, the subdivision may be approved, subject however, to the approval of the Engineer. No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory flood Protection Elevation. (10/14/80) 5.04 COMMUNITY ASSETS: In all subdivisions, due regard shall be shown for natural features such as trees, unusual rock formations, and water courses; for sites which have historical significance; and for similar assets which, if preserved, will add attractiveness and value to the subdivision and to the community. The Planning Commis- sion may prepare a list of all such features within its area of subdivision jurisdiction which it deems worth of preservation. 5.05 MONUMENTS AND STAKES: All subdivision boundary corners, block and lot corners, street intersection corners, and points of tangency and curvature shall be marked with survey monuments consisting of minimum 5/8" steel rods 24" in length. Inscribed on the monument or cap, according to State Statute, shall be the registration number of the land surveyor making the survey. •Alt U.S., State, County and other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. 5.10 PUBLIC SITE AND OPEN SPACES: The following requirements are applicable to all subdivisions within the jurisdiction of the I �_ ,w Commission. 5.101 In subdividing land or resubdividing an existing plat, due consideration shalt be given by the subdivider and by the Planning Commission upon review, to the dedication or reservation of suitable sites for schools, conservation areas or other public or semi-public recreational areas, or open spaces and parks. Where a proposed public park, recreational area or open space, as determined by the Comprehensive Plat, Planning Commission and/or City Council, is located in whole or in part within a subdivision, the subdivider shall make available such lands to the City of Hutchinson -- provided, however, that the total mandatory dedication (exclusive or public streets, alleys, and pedestrian ways and exclusive of all other purchased sites such as fire and police stations, water towers and treatment plants, and sewer lift stations) -shall not exceed tenpercentof the total gross acreage owned or controlled by the subdivider. Where an area that is specifically designated by the Comprehensive Plan or City Council for a public park, recreation area, or open space exceeds the area equivalent to ten percent of the area of the total acreage owned by the subdivider, the entire area shall be reserved for such use on all subdivision plans and plats; and the acquisition of such additional area shall then be secured by the City of Hutchinson or arrangements made for its acquisition within a period not to exceed two years from the date of approval of the preliminary plan. The value of the subject land before improvements, shall be established by three qualified appraisers, one of whom shall be appointed by the City Council, one by the subdivider, and one of whom shall be mutually agreed upon by the other two. 5.102 Where less than ten percent of the total gross area being subdivided is proposed for public parks, recreation areas or open spaces as designated by the Comprehensive Plan, the Planning Commission, or City Council, the subdivider shall dedicate such area that is less than ten percent, and, in addition, pay to the City of Hutchinson a sum of money so that either or both the dedication and the payment equal ten percent of the land before it is subdivided. The cash payment in lieu of land dedication shall be in accordance with the park contribution schedule as adopted by the City Council. 5.103 If no park or open space area is required in the subdivision by the Planning Commission or Council, a cash payment in accordance with the park contribution schedule shall be paid, by the owner or subdivider, to the City of Hutchinson. 5.104 Sums of money so received by the City of Hutchinson shall be placed in a special account to be known as the Public Sites Fund and allocated by the City Council solely for the acquisition of land for public parks, recreation areas or open spaces, - - ---- de—ve opment of existing parks and-xecreation.i&ceas,_r debt retirement in connection with land previously acquired for parks, recreation areas, or open areas. 5.105 In all subdivisions and planned developments, it shall be the 10 9 " U April 13, 1988 T0: Members of the City of Hutchinson Planning Commission. The following homeowners, whose property is less than 300 feet from that identified in your notice dated April 4, 1988 as "East 700 feet of Lot 1 Block 6, Helland's 1st Addition" are against ammending the density of this property from the original approved rezonning of 64 units to the 80 units now requested: Address /B/.1 Iii/��lo�`dstNS .�s4-nc /ao c �� 96 % ;7- J U L !'�.g.- ---_ 7 y -/l �9' �,/s�i-•.nom-�� S r , W,4iir �&1 ,ru� 76,A �'`- G✓ 4c�- J-70' Lq/ 0 0 Jr Y J/ �� 96 % ;7- J U L !'�.g.- ---_ 7 y -/l �9' �,/s�i-•.nom-�� S r , W,4iir �&1 ,ru� 76,A �'`- G✓ 4c�- J-70' Lq/ 0 0 CROW RIVER COUNTRY CLUB P.O. BOX 9 HUTCHINSON, MINNESOTA SS350 April 15, 1988 Tom Lyke, Chairman Hutchinson Planning Commission City Hall Hutchinson, MN 55350 Dear Tom, As President of the Crow River Country Club, this letter is to inform you that the Crow River Country Club has no official stand relative to the public hearing regarding proposed apartment buildings adjacent to the Country Club property. Any opinions that might be expressed are opinions of individual members and not the Board of Directors. If you have any questions relating to this matter, please contact me. Si erely yours, C� Richard H. Burgart, President Crow River Country Club RB/sm 0 (612) 587-5151 &HUTCHINSON, /TY OF HUTCHINSON WASHINGTON AVENUE WEST MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: — CONSIDERATION OF RESUBMITTAL OF SITE PLAN FOR MUNSELL CAR WASH The Planning Commission recommends approval to City Council subject to staff recommendation of April 4, 1988. 9 X. 0 E r (612)587.5IS1 /TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 7, 1988 TO: Hutchinson Planning Commission ------------------------------ FROM• — Planning Staff _ —G. Plotz, J. Marka, G_ Anderson—and—G. Field SUBJECT: — CONSIDERATION OF RESUBMITTAL OF, SITE PLAN FOR MUNSELL CAR WASH Is Staff recommends approval subject to the following: 1) The building setback to be 50' from West property line. 2) 6' high fence to be constructed 30' from the West property line. 3) Both ingress and egress to be from Hwy 7 only. 4) Stacking and parking to meet parking requirement. 5) Curbing along West and North lines to be of bituminous or concrete as per DOT specs. 6) Lighting must be sheilded. 7) Driveways and parking areas to meet the requirement of hard surface. 0 9x (612) 587.5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council------------------ - -- — - FROM: — Hutchinson Planning—Commission —---------------—————— — — — — —— SUBJECT: —CONSIDERATION OF LOT SPLIT ON—BLUFF—STREET SUBMITTED BY GENE BROWN The Planning Commission recommends approval contingent upon the removal of the non -conforming house. 0 9 C TISSC HER coNs�e- oM INc. P.O. BOX 816 • 115 3RD AVE. W. • ALEXANDRIA, MN • 612-783-4513 or 762.8525 Wally Tischer 762-1025 • Don Tischer 762-1960 April 20, 1988 Jim Marks City of Hutchinson 37 Washington Ave. W. Hutchinson, Mn. 55350 Dear Jim; In regard to the property at 566 Bluff Street, that we have an option on; We understand that if the lot is split into two lots the house will have to be torn down. If there is any furthur information we need to be aware of, please let us know. nk you Wally Tischer U.E.S.ALSIDE STEEL SIDING • REPLACEMENT WINDOW 9 FOAM INSULATION j/, denotes Iron monument found / o denotes iron monument stf J/ \ J V/ 0 TOTAL PARCEL : THE SOUTHERLY 132.00 FEET OF LOT 1, BLOCK 4, NORTH HALF OF HUTCHINSON. SOUTHERLY PARCEL, THE SOUTHERLY 66.00 FEET OF LOT 1, BLOCK 4, NORTH HALF OF HUTCHINSON. NORTHERLY PARCEL: THE NORTHERLY 66.00 FEET OF THE SOUTHERLY 132.00 FEET OF LOT 1, BLOCK 4, NORTH HALF OF HUTCHINSON. CERTIFICATE OF SURVEY for GENE BROWN I lineae MIMI that Me wnq, men Or ndmt .as vowed " the ce ander Tf d.reet sa Oerrivat and alai 1 m a diel Uaemed �ehd Sur,,*w uMer the lames al the Suite of Mlnmeate. ^ Qn 90 - Due March 16 1988 t.;c"s, No. 2 62 6 Scale i,. - 30' File No. 8835 Book P 70 Page 73 PELLINEN LANO SURVEYING HUTCHINSON, MN. Tel. 587.4789 0 0 9y (612) 587-5151 HU1lH CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: — CONSIDERATION OF PRELIMINARY PLAT OF WOODVIEW ACRES 2ND ADDITION SUBMITTED BY JOEL VINKEMEIER (2 mile radius) The Planning Commission recommends approval with no objection provided the 40' drainage easement be platted utility as well as drainage. 1] (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 7, 1988 To: Planning Commission yor and City Council From: Director of Engineering Re: Preliminary Plat of Wood View Acres Second Subdivision As Submitted by M and P Partners I have reviewed the referenced preliminary plat and do hereby certify that it complies with the requirements of the subdivision ordinance as to Preliminary Plat Data. The plat conforms with the sketch plan approved by the Planning Commission on January 19th, and by the City Council on January 26th. With regard to the proposed 40' drainage easement between Lots 5 and 6, Block 3, we recommend that the easement be platted as a utility easement, thereby enabling installation of sanitary sewer in the future as well as drainage facilities. A Subdivision Agreement providing for future improvements and park and play- ground contributions will be prepared prior to Final Plat. Respectfully submitted, 19enjeUe rs to Q"44� Director of Engineering cc: M&P Partners, 6665 Union Ave., Mayer, MN 55360 Subdivision File EA/pk N0 I f-''iil:. NAA'i V UNARY PL46 T WOOD VIEW ACRES SECOj SUBD WOOD ORIVE N( «, •1 woao v¢R •cR(a _ ML .M ""w i CWN. I I • 1 . iopj Il V -.�«' •<.l r D / DIDI \ repo .IIK l a O ,1� 'Op ... , � Res •R'3x•E "I�H N I � •l. ,Q ACMH• cf. 1 A4f9•Y aT•E j_, J .«. -,WODO LANE` ., ,i xer+o•v!.` r' w� ,1•• • .+' zoo 0o e!-•-` `Y r M zoaoo z1.<ll 'I t• re rZ 1��... _:90 I '� zzz I 1 �}' 1 .•.wr MERCK MARK, 1 R.R ar•..,u�•r I •... a, •• a - 0." n p I :1oa ACR(sj .Io I I L` �!� 1 I ' I1 .15 ♦ I a I I"` •:1 i o a w.,. •w I NRYM'37'! z na I I^ 1.Zj KITEt 1 � w I« E«.. aol9 n I 3 I I" �; + 1 I I 1.22 AtRE31,10 Inr ' ;A•" _ ._._ •• •• I :zoo oo I I {Iz L__ !_J I•�+ i I•I _ 1 'I•I lo1 ACRltf. ." I _ I [ LANE No s Eppp W. ��"`w .. • .... 9Q. I I f L 2 I I 1 -. 1Ii •• I{ 11.00 ACRE 11 I i BLO K :I Le.i I -'.35 ( 1- MI 1 I I « M m '• �L. 3 '9 w .aa•a[s 1.3x .I^"I •[R[3.1 `•'I7...."_4 r' 1.oY. •<R[sl I in 1 I I I I 1 J' 11; .� I 1 I I II 3 I I 1 i h _ily J' I a I I 1.22 ACRES . S( ' zoo I li e < 290 oM r�� —► -•• wo-ly J i f // I � �� WO00 LRNk a.as •cR(3 • I I 1 F. ., I 'I .. NO n< I 6 tI" s \ r-�" i 1 ..• }34 a l f1.xa:CR[4 I^ It. ACRES I IN 1404CAE r�. .I i3�� .� I « •s• °` t �' ...» � I P I �i R,.. I, I1.00•u[sll II'1.9o•CR[ li 1(oo ACR }I f' -' 'Tt•• « _. \ �a ' -.:..^ i I V I 1 'I' I « I' I .:, I• ,,, 1 .� j }.. .II 21041CRE 1 . ia0 - 130f Ho 130 - :de0 'ap -e•' -- 416 .. •• 1318.21 a. 1..•..r ... .. _. ,r r.. ' _.._ - 509-49 57-w (612) 587-5151 ?/UTlH' CITY Of HUTCHINSON 37 WASHINGTON AVENUE WEST .vet HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council — -------------- — — — — — — — — — — — — — — — FROM: —Planning Commission ----------------------------- SUBJECT: — CONSIDERATION OF SKETCH PLAN SUBMITTED BY BOB BILLIET (2 mile radius) The Planning Commission recommends approval with no objection. 9 N /3,71 COO Sg(r J./S ecvtf. i boo la, 'Soo //2,Sao s$O,r •�. SS ac✓:S }. S8 aoaS Lor• 1 1 //2, foo sgfr -�.. SI ocrtS I W°l to��S li ' Z 1 O M p o' Lel^3 1 i_o7'y too W in V. r __0000a - -*±Nrie - -- •••-SO'9011 - 3.IO.SOe69 N sc-a 1A. i z06' s_PcI i0 K 1H P c 0 w. a /L-0 Tcob.✓T 8i ieT 6'�,o�ti pvv,v L.veL /n 6rovet P;r area 7o 7ke /ler7lt of �roDaS�aO Le%S =,3' wi7J- %i (G O«OP Va(o2. T;11 Low By;ld':+� ay.tK w)Jk V-kvvaL ... .o1Ts Te) rhe 4c, A. PlaltT /00... h�iNc� 6r..ov.k ok .Wo�T1. ._S.,oOt d cl cl m M N n O ' W Q N P r+ s Q 4 W gym= u p LL O aEr Q h � N V v C O O vv+ ao sma s$ Fr INa M 13 I I _IO.S0.69N la, 'Soo //2,Sao s$O,r •�. SS ac✓:S }. S8 aoaS Lor• 1 1 //2, foo sgfr -�.. SI ocrtS I W°l to��S li ' Z 1 O M p o' Lel^3 1 i_o7'y too W in V. r __0000a - -*±Nrie - -- •••-SO'9011 - 3.IO.SOe69 N sc-a 1A. i z06' s_PcI i0 K 1H P c 0 w. a /L-0 Tcob.✓T 8i ieT 6'�,o�ti pvv,v L.veL /n 6rovet P;r area 7o 7ke /ler7lt of �roDaS�aO Le%S =,3' wi7J- %i (G O«OP Va(o2. T;11 Low By;ld':+� ay.tK w)Jk V-kvvaL ... .o1Ts Te) rhe 4c, A. PlaltT /00... h�iNc� 6r..ov.k ok .Wo�T1. ._S.,oOt TOWNSHP 117 NORTH CODE- '.�. RANGE 30 WEST NECKER CO. I 0 0 1 SMALL IRACT OWNERS IIL 1•.LL M• Kwl wL 1••Li AY• Kwl N YLi OMI K6 YC YLI }K. Kw• i rC.w 4u ar I 4ilr •..Lai r y I .rr• :hn�.ri I.r Y n�.yrwr...r < ., y�i l•i I.�Y.o-= w i •M.L4.o.r rA : ..wi.. ;y s I .r•.r Iw. I �. Irl...... w. : • y1 IT ie w : ?+I..Iw.w °•'. i 1.. L.. c.w .. �ii. u.+.y nw .r :iw Lw.�.... r ,. • •.•.r w Hww •r < 41rn. IA Ir < a�••rrGii.r .y�P•Y N � 1 C y.u..Y Iw WL.. a r1y y I � I�II.Y iM • 4YY. 1 4rI1r Mi JI • .Yr4ii !•I < yi k•� I.r 1 I...�Y — . • � •Or. yin !�. i l •w•r rY • W..Y O+w 1 O./rl. _ [ {IYH. Ory 1 M A • piy O.Yl lJ 1 ui .r...wy.G. 9� • Yy yup .— O -.r..�ii :� • I Or l.iyf� Yr i S.iM )1 0 �� I A 1 `=•�.�r I L� Oi.bw w rlw�W A► O.YIri.+r.n r L W.uMK � .� w ; �irl Wr.rri Y • y w �if.i. 4r )i I OKr it Yr y • • pi A Ny rrrn 00 u • 0_.•.ir.r.nw • wHiu �a wry 1 1] (612) 587.5151,,. CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council — -------------------- — — — — — — — — — FROM: Hutchinson Planning Commission — ----------------- — — — — — — — — — — — — SUBJECT: CONSIDERATION OF LOT SPLIT SUBMITTED BY JIM HANSON ON LOT 3 BETKER`S ADDITION The Planning Commission recommends approval with no objection. 24 sy e 23 t^0o .'gyp 7 'L 22 p 21 29 q 20 29 ° 30 19 0 o � 18 �o 4p 31 17 ro32 1s nil o 4 las•a O ur s 5'A ° 1 . 8 • 14 7 Gf 17 8 13\O�'Oto 9 S lid; iP 12 \ •Y ,y AA / b I I 5 y —TnS r, 4 0� SELC4 Ila.e N y 2 8 B ZO "JO 7 to W :s_: 146 R 4$ 6 Vf 1$6 - 4 0 2 AV °° s SELCHOW ° 7 2 8 8 I 2 3 4 S 10 as 1�lAAMMy SHERWOOD CIRCLE ADD. �a 13044 30 —ia• f j e a la .OI 11 1 al 1 •a.fo I I 1 � 044 e $ � i 13 18 24 sy e 23 t^0o .'gyp 7 'L 22 p 21 29 q 20 29 ° 30 19 0 o � 18 �o 4p 31 17 ro32 1s nil o 4 las•a O ur s 5'A ° 1 . 8 • 14 7 Gf 17 8 13\O�'Oto 9 S lid; iP 12 \ •Y ,y AA / b I I 5 y —TnS r, 4 0� (612) 587.5151 JWJH /TV OF HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 T0: —Hutchinson City Council ---------_ ——————--—— — — — — —— FROM: Hutchinson Planning Commission — SUBJECT: —CONSIDERATION OF FINAL PLAT OF SIEMSON ESTATES SUBMITTED BY ROGER SIEMSON (2 mile radius) The Planning Commission recommends approval with no objection. E q — (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 7, 1988 To: Ylanning Commission .14ayor and City Council Members From: Director of Engineering Re: Final Plat of Siemsen Estates as Submitted by Roger Siemsen and Russell Laraway (2 mile radius) — --" Z hereby certify that the referenced final plat complies with the subdivision ordinance requirements for "Final Plat Data". The final plat is in accord with the preliminary plat approved by the Planning Commission on December 15th and by the City Council on December 22nd. A proposed subdivision agreement was submitted for review and approval of the property owner on December 10th. Respectfully submitted, L ugen Anderson Director of Engineering cc: Roger Siemsen, Rt. 4, Box 225, Hutchinson, MH 55350 Subdivision File EA/pk Is alonif ter iron Pipe found diameter iron pipe set and marked mbered 13390 I feet this bearing basis is assumed N to fall, nt !h, I hereby rert.ll'3 th, One llur,1r01 Vnut In a correct --prere- E CoM.Crellir at' 'rile �di!tance of ;107.`� a toot, tint all +. - .f 7,47.n teelt, t!v door(hated WO I tM, he!nr .hr ATE ME u A Block I wrest Ma,re:, A -ouch lie., n4l, of way of C. A.11. 0 C) Have calumet tbv -lsie -r N ell, used forever the 264.26 In !,;z plat (a Laraway wJ Nvaipl Y. 1+ 00" hol,02. and U, elyl�] E . in 7,iAfF OF M7-!N&;(j 4 h4- plat. of GOJNrY OF MrLrul, East line of llnrif 20 I :APE 0, MINNE::O-A acres of S112 of COVIM OF llr.LDDD 01 SW114ILins parallel I With "a one of S 112 of SW 1141 I hereby rert.ll'3 th, In a correct --prere- a toot, tint all +. - door(hated WO I tM, ATE ME u A Block I I N z 0 C) N ell, !,;z plat (a 00" CNy h4- plat. of Lot e,' I 01 Ye 90 t,,ret, ce? t' Pla, hlz flat .1 ZO 1— 120 ft:z rLat of 1W C:: I I meet!: -11DICinage Y--- and Utility Ea,#~n, Southeast Came, of I Saudi Roof of south.081 L Quarter See 34. T 117, R. 30 lCoftfly cast iron Mani West 256,69 ....... rl-, ,A L,00j Roadway Being Dedicated 00 1 : Pal I 1 11 in In, 40700 t West 256.14 ----------- 7/t-0,1 Icenter,1160 CS.A,N. No 14 qCC 0 (612) 587-5151 j_ffjHUTr,jxrvcnN ITY OF HUTCHINSON WASHINGTON AVENUE WEST , MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutchinson City Council FROM: Hutchinson Planning Commission — ----------------- — — — — — — — — — — — — SUBJECT• — CONSIDERATION OF FINAL PLAT OF MCCLURE'S SECOND ADDITION — The Planning Commission recommends approval of the final plat with the stipulation that the McClure's provide a proposal of monetary reimbursment for the 35' easement inside Lot 1. cJ-dZ, r r� s (612) 587-5151 ITY OF HUTCHINSON VASHING TON AVENUE WEST 'HINSON, MINN. 55350 M E M 0 DATE: April 20th, 1988 TO: Mayor and City Council FROM: Director of Engineering- RE: ngineering RE: Final Plat of McClure's Second Addition An apparent problem has developed pertaining to an existing storm sewer located on the McClure property as it relates to their Final Plat. As shown on the attached photocopy of a portion of the Preliminary Plat, the pipe which was installed in 1978 lies approximately 25 feet north of the south line of the parcel. We can find no evidence of a signed utility easement, recorded or otherwise, for the storm sewer. As shown on the preliminary plat, an easement 35 feet in width is needed, and since the Final Plat is being submitted for Council approval, it is most appropriate that an easement 3S feet wide be shown on the plat, thus resolving the right-of-way problem. I, therefore, recommend that the Subdivider include said easement on the Final Plat, in consideration for which the Council grant monetary consideration to the Subdivider, perhaps in an amount equal to the decreased value of the lot due to the presence of the storm sewer at a significant distance north of the south line of the lot. If this arrangement is not appropriate to the Council, an easement document could be secured later, but previous attempts at negotiating a solution to the problem have been unsuccessful. Also, since the need for an easement is known at the time of platting, the easement should rightfully be included on the Final Plat. Respectfully submitted, 'Eugene Anderson Director of Engineering EA/pv attachment cc: James McClure Kathleen Christensen 0 1 1R0-1 oGo 0 0., rQoM�T10 oar Mc Ctv�res S�cohd ��I�oln �<<►htrta,ry ��a'� i Q � 16 800 sq: ft. �C1.�R1►11gi11 { � I L_ ' hg15900 \ / i 4 '' ••- 590 ±-• —*%�� BENCH MARK: . I // Top nut of hV4ront j Etevotion , 1064.73 e- 23930 sq, 41: rJ. � �/ 71•�dP 114Pwtd Son"M. H: •�__� 10 . Inv.ellv.r1094.A� . A' T x err r+• !nr u� ^ J .. �C1.�R1►11gi11 { � I L_ ' hg15900 \ / i 4 '' ••- 590 ±-• —*%�� BENCH MARK: . I // Top nut of hV4ront j Etevotion , 1064.73 BRADFORD & PROCHNOW ATTORNEYS AT LAW 126 NORTH FRANKLIN STREET - RIVFBSIDE PLACE CUR TZ M. BRADFORD HL?CtIIlVSON. bIDV(A TELEPHONE DAN X PROCHNO W 1 1 2 5, 1 9 8 8 (612) SB7-1170 Hutchin n City Council Hutchin on, MN 55350 Re: McClure's Second Addition F Dear Council: Please be advised that the undersigned represents Helen McClure concerning the subdivision of McClure's Second Addition. On Tuesday night, April 26, you will be discussing approval of the final plat on McClure's Second Addition. It is my understanding that the planning commission has approved the same. The second issue for discussion will surround the Subdivision Agreement. Mrs. McClure has the following concerns: 1. In approximately 1978 the City storm sewer was . brought down Campbell Lane approximately (10) feet south of the center line. When the storm sewer reached the most western portion of Campbell Lane it jogged approximately (35) feet northwest over onto the McClure property. There is no indication as to why this occurred. However, it was done without acquiring an appropriate Easement from the McClures, and despite the fact that the City had a (35) foot Easement on the property just south of McClure property. The storm sewer outlet into Campbell Lake presently poses an erosion. There is approximately a (9) foot drop between the storm sewer outlet and the lake level. Because the spillway is improperly constructed an extensive amount of erosion has taken place in this area. To the extent that an Easement is granted it will have to be concomitant upon the City to repair the spillway and maintain it in the future. There is also a major concern regarding liability. The storm sewer outlet is a very attractive nuisance for children. There have been occasions already where children have gone up inside of the storm sewer. A grate was placed over the storm sewer this past fall but the openings are still large enough for small children to climb through. we will expect that the City will accept all liability concerning personal injury arising out of the storm sewer, and will agree Hutchinson City Council April 25, 1988 Page 2 to defend and indemnify the McClures and property owners. 2. On October 23, 1984 a Council meeting was held concerning Subdivision Improvement Project No. 85-01-27. This concerned the sanitary sewer on Campbell Lane. The error in the placement of the storm sewer in 1978 resulted in placing the li,tt station 15-20 feet onto Lot 1 of McClures Second Addition. At this hearing Jim McClure was told that the cost of the lift station would be $29,000.00 and would be split between 73 properties. He also requested that the McClure property not be assessed interest until it was platted. He was told on the record that the City would be covering the interest charges until the McClure property was platted. There is now an effort to assess interest under the Subdivision Agreement back to October 1, 1985. The City had previously agreed on the record not to assess this interest and we would expect the interest to be effective from April 26, 1988. 3. As indicated in the foregoing paragraphs the City's error in the placement of the storm sewer also caused a sanitary lift station to be placed further onto Lot 1. then would have been necessary. These errors have reduced the value of Lot 1 by $3,000.00. It has been suggested by members of the planning commission, and we would agree, that Mrs. McClure be compensated for this loss in value to her property. I would request that a discussion of the above items be held after the approval of the plat on Tuesday night. With a minimum amount of time I think some direction can be given to the City Engineer regarding the implementation of these items into the Subdivision Agreement. Very truly yours, BRADFORD S PROCHNOW K. Prochnow DKP:cap cc: Gene Anderson Gary Plotz Barry Anderson Cathy Christianson _ I RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT RESOLUTION N0. 7860 WHEREAS, pursuant to resolution of the Council adopted September 11th, 1984, a report has been prepared by Marlow V. Priebe with reference to the improvement of% PROJECT NO. TYPE AND LOCATION 85-01-26 Curb and Gutter 8 Appurtenances in Clouse Addition 85-01-27 Sanitary Sewer, Watermain, Storm Sewer, Grading, Gravel Sub -base and Area Lift Station 8 Appurtenances in Clark's 2nd Add. 85-01-28 Sanitary Sewer, Watermain, Storm Sewer, Curb and Gutter, Grading, Gravel Sub -base h Appurtenances in Helland's Fifth Md. 85-01-29 Sanitary Sewer, Watermain, Storm Sewer, Grade, Gravel Sub- base 6 Appurtenances in Waller's 2nd Add. 85-01-30 Sanitary Sewer, Watermain, Storm Sewer, Grade, Gravel Sub- base do Appurtenances in Fourth Addition to Lakewood Terrace . i 85..01-31 Sanitary Sewer, Watermain, Storm Sewer, Gravel Sub -base A Appurtenances in Orchard Park Add. and this report was received by the council on September 25th, 1984. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 233,000 . 2. A public hearing shall be held on such proposed improvement on the 23rd day_ of October, 1984, in the Council Chambers of the City Hall at 8:00 P.M.. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the council this 25th day of September, 1984. .sAb Mayor `Y 33 COUNCIL MINUTES - October 23, 1984 �► The public hearing was called to order by Mayor Stearns at 8:00 {I P.M. to consider subdivision improvement projects. 1. PROJECT NO. 85-01-26 City Engineer Priebe reported the improvements would include curb and gutter and appurtenances on the south side of McDonald Drive. It was pointed out that they were part of the subdivision agreement for Clouse Addition. It was moved by Alderman Mlinar to close the hearing at 8:04 P.M. The motion was seconded by Alderman Torgerson and carried unanimously. 0 m Alderman Torgerson made the motion to approve Project No. 85- 01-26 and to waive reading and adopt Resolution No. 7902. Alderman Mlinar seconded the motion, and it unanimously carried. 2. PROJECT 1o. 85-01-27 It was reported by City Engineer Priebe that John Miller had requested the improvement, which would include sanitary sewer, watermain, storm sewer, grading, gravel sub -base, and area lift station and appurtenances in Clark's Second Addition. The approxi- mate cost would be $29,000. Mr. Jim McClure, 1301 Campbell Lane, inquired about the possi- bility of a 73 unit. He wondered what would happen if someone decided to build one large house on the property. He asked if the deferred assessment was determined by the time of use and if interest charges would begin at time of use. Mr. McClure had no objection to the project. The motion was made by Alderman Torgerson to close the hearing at 8:10 P.M. Alderman Mlinar seconded the motion, and it carried unanimously. Alderman Torgerson moved to approve Project No. 85-01-27 and to waive reading and adopt Resolution No. 7903. The motion was seconded by Alderman Mikulecky and unanimously carried. 3. PROJECT N0. 85-01-28 City Engineer Priebe stated the improvements for Helland's Fifth Addition would include sanitary sewer, watermain, storm sewer, curb and gutter, grading, gravel sub -base, and appurten- ances. It was moved by Alderman Mlinar, seconded by Alderman Torger- son, to close the hearing at 8:15 P.M. Motion carried unani- mously. r 0 ,RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS PROJECT NO. 85-01-27 Resolution No. 7903 WHEREAS, a resolution of the city council adopted the 25th day of September, 1984, fixed a date for a council hearing on the proposed improvement of Clark's 2nd Addition by the construction of Sanitary Sewer, Watermain, Storm Sewer, Grading, Gravel Sub -base and Area Lift Station and Appurtenances, AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 23rd day of October, 1984, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of September, 1984. 2. Marlow V. Priebe is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the council this 23rd day of October, 1984. ffHLJ3U"CTr_(kH1NSON, 612) 587-5151 TY OF HUTCHINSON ASHINGTON AVENUE WEST 00000000r MINN. 55350 July 31, 1985 Floyd S Helen McClure Rt. 3 Hutchinson MN 55350 This will certify that there is due the sum of $12,198.02 for SANITARY SEWER, WATERMAIN, SOTRM SEWER, GRADING, FRAVEL SUB -BASE 6 AREA LIFT STATION AND APPURTENANCES ASSESSMENT ROLL NO. 202 Parcel No. 35-117-30-09-0010 • Property Description: N480' of Lot 3 EX E268', Sec. 35-117-30 This deferrment will be recorded at the Office of the McLeod County Recorder, McLeod County Courthouse in Glencoe. The deferrment will be activated upon the subdivision of the property. Gary D. Plotz City Administrator 0 E sff 12) 587-5151 TY OF HUTCH/NSON SHINGTON AVENUE WEST INSON, MINN. 55350 April 15, 1988 TO:P anning Commission ayor and City Council Members FROM: Director of Engineering Eugene Anderson I RE: FINAL PLAT OF MCCLURE'S SECOND ADDITION The referenced plat complies with the Subdivision Ordinance requirements for final plat data except for the easement width shown along the south line of Lot 1. A storm sewer presently lies 25 feet north of the south line of Lot 1, and to accommodate its presence and the maintenance thereof an easement 35 feet in width must be platted. Such an easement was shown on the preliminary plat of this subdivision, a photocopy of the pertinent portion of which is attached hereto. I therefore recommend that the final plat be disapproved until such time as the required easement along the south line of Lot 1 is included on the plat. Respectfully ss0m(ittedd�, ,'vim-`-��►1c�(!G�(�W I ugen , Anderson \ Director of Engineering cc: subdivision file 1�—�- EA/bb ?, (612) 587-5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: April 20, 1988 TO: Hutcbinson City Council — -------------- — — — — — — — — — — — — — — — FROM: — Hutchinson Planning Commission SUBJECT: — CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS SUBMITTED BY GOEBEL FIXTURE The Planning Commission recommends approval to begin annexation proceedings. 0 RESOLUTION NO. 8775 REQUEST FOR ANNEXATION WHEREAS, the following described property is urban in character and adjoins the City of Hutchinson, and WHEREAS, the City Council of the City of Hutchinson hereby requests the described property to be annexed to the City of Hutchinson, and WHEREAS, authority to effect such annexation is vested in the Minnesota Municipal Board, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT, the Minnesota Municipal Board is requested to hold hearing and effect the annexation of the following tract: That part of Lots 11, 12, 13, and 15 of the Auditor's Plat of the West Half of Section 5, Township 116 North, Range 29 West, described as follows: Commencing at the northeast corner of said Lot 13; thence North 89 degrees 31 minutes 26 seconds West, assumed bearing, along the north line of said Lot 13 a distance of 383.40 feet to the point of beginning of the land to be described; thence South 0 degrees 13 minutes 45 seconds East, to the south line of said Lot 15; thence westerly, along said south line, a distance of 404.67 feet; thence North 0 degrees 13 minutes 45 seconds West, to the north line of said Lot 11; thence easterly, along the north line of said Lot 11 and along the north line of said Lot 13, to the point of beginning. Adopted by the City Council this 26th day of April, 1988. ATTEST: Gary D. Plotz City Clerk U Paul L. Ackland Mayor SEAL —`�1 '4.0.,';4/`•-�aR _ __ R9ara war liae i -•••�� a•J•341q3^ - j! • �'� Vim' �_ V4 of Sec. 3, t Ni• 9.29 f • r k t �. 17Y7.l1 h•w..l "*! '� ' r Gmar uhe of Mlchlyta llrwl "�:.: a=E� AR CH " ..R,I1.d3I2t1SwI„dNW _ spa _ wy.l ula +. +.t1 .•. .. ' NO.45•Mf _ i w•rra M w n 400 0 qF OWN .L Np1111in 11! ...- c �.�,J,I�• I hula lin• M Lnr f North 1,00 fop 2 I SV7 of SW AdNWI/.d SK.SJ I 131 := .I i. r w A, I = { II a r I , I I —`�1 '4.0.,';4/`•-�aR _ __ R9ara war liae i -•••�� a•J•341q3^ - j! • �'� Vim' �_ V4 of Sec. 3, t Ni• 9.29 f • r k t �. A t ¢Ra OPO's -11400 ��III.' Np1111in 11! .. �.�,J,I�• I hula lin• M Lnr f North 1,00 fop 2 I SV7 of SW AdNWI/.d SK.SJ 131 := i I { II a r I , I I —`�1 '4.0.,';4/`•-�aR _ __ R9ara war liae i -•••�� a•J•341q3^ - j! • �'� Vim' �_ V4 of Sec. 3, t Ni• 9.29 f • r k t �. 0 L_J L i (612) 587-5151 ITY OF HUTCHINSON VASHINGTON AVENUE WEST ,HINSON, MINN. 55350 M E M 0 DATE: April 13th, 1988 TO: --Mayor and City Council FROM: Director of Engineering RE: Proposed Subdivision Agreement McClure's Second Addition Submitted herewith, for the Council's consideration, is the referenced proposed Subdivision Agreement. The document was previously submitted to the City Attorney and to the Subdivider for review and approval. Concurrence of the Council in the Agreement is requested. EA/pv attachment Respectfully submitted, EuB a Andersson Director of Engineering SMIVI310N LOUD ENT MoCLOREIS SECOND ADDITION CIT! OF ROTCRIN909 MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Relen McClure, a widow, hereinafter nailed the "Subdivider", and the City of Hutchinson, a Municipal corporation in the County of MoLeod, State of Minnesota, hereinafter called the "City"; 1 .1 WHEREAS, the Subdivider is the owner and developer of part of Government Lot 39 Section 35, Township 117 North, Range 30 West, to be known as HcCLORVS SECOND ADDITION, which is located in the City of Hutchinson, MoLeod County, Minnesota, and; - WHEREAS, City Ordinance 064 AND 466 requires subdividers to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AOREED AS FOLLOWS: 1. It is understood and agreed that grading, aggregate base, sanitary sewer, water using storm sewer, sewer and water service leads, curb and gutter, and appurtenances have been installed on Campbell Lane adjacent to the Subdivision and have been assessed on Aasesamart Roll No. 202 and 215. 2. It is understood and agreed that bituminous surfacing and appurtenances on Campbell Lane adjacent to the Subdivision has been ordered by the City Council on February 99 1988, as Letting No. 59 Project No. 88-03• 3. It is understood and agreed that the original amount assessed on Roll No. 2029 adopted in 19859 in the amount of $12,198.02, was deferred, and that the base assessment plus accrued interest to December 31, 1988 in the amount of $3,012.919 for a total assessment cost of $15,210.93, will be activated and assessed on a per lot basis in an equal amount to each lot in the Subdivision. 4. It is understood and agreed that the original amount assessed on Roll No. 2159 adopted in 19869 in the amount of $3,260.30, was deferred, and that the bass assessment plus accrued interest to December 31, 1988 in the amount of $454.74, for a total assessment cost of $3,715.04, will be activated and assessed on a per lot basis in an equal amount to each lot in the Subdivision. 5. It is understood and agreed that there is a deferred cost of $555.00 per dwelling unit, plus interest at the rate of 7.6% from October 19 1985, for the inplaos lift station adjacent to Campbell Lane that serves this Subdivision, as per Assessment Roll No. 202. It is, also, understood and agreed -that the cost, plus interest, shall be paid at the time a Building Permit is requested. El 0 r SUBDIVISION AGREEMENT MoCLURE'S SECOND ADDITION PAGE i It is, also, understood and agreed that this payment shall be binding upon and extend to the heirs, representati veal assigns, and successors of the Subdivision. 6. It is understood and agreed that the total cost for Improvement Project No. 88-03, that is assessable to MoCLUREIS SECOND ADDITION, x111 be assessed on a per lot basis in an equal amount to each lot in the Subdivision. The Subdivider waives all rights to public hearings and appeal for the costs of the improvements. The waiving of all such rights shall be binding upon and extend to the heirs, representatives, assigns, and successors of the Subdivider. 7. It is understood and agreed that the Subdivider approves the activating of the deferred assessments and the reallocation of assessments as hereinbefore described in Paragraphs 3 and q, and waives all rights to a public hearing and appeal of the cost of same. 8. It is understood and agreed that the Subdivider hereby petitions the City for the following improvements on Campbell Court from Campbell Lane to the cul-de-sac northerly of Campbell Lane: A. Sanitary Sewer and Service Leads B. Water Main and Service Leads C. Storm Sewer D. Street Grading E. Aggregate Base F. Curb and Gutter G. Surfacing It is understood and agreed that said improvements will -be constructed under several contracts beginning in 1988 or later, as deemed feasible by the Subdivider and the City. The Subdivider waives all rights to public hearings and appeal for the cost of the improvements. The waiving of all such rights shall be binding upon and extend to the heirs, representatives, assigns, and successors of the Subdivider. It is understood and agreed that the total cost of these improvements will be assessed on a per lot basis in an equal amount to each lot in MoCLURE'S SECOND ADDITION. 9. It is understood and agreed that the Subdivider will make a cash contribution to the City of Hutchinson Parks and Playground for MoCLURE'S SECOND ADDITION in the amount of $19199.669 which is for one dwelling unit per lot. Charges for additional dwelling units per lot will be due at the time a Building Permit is issued and the cost will be according to the City Fee Schedule for additional units at the time said permit is issued. 3OBDIYISION AGREEMENT MbCLURE'3 SECOND ADDITION PAGE 3 10. It is understood and agreed that, prior to the installation of electrical and gas utilities and appurtenances in the platted moments, the Subdivider will clear any trees and/or debris and grade the easements to within 6" of finish grade. 11. It is understood and agreed that all electrical and gas lines in easements that may have to be moved by request of the property owner, will be done at said property owners expense. 12. It is understood and agreed that to enhance, perpetuate, and propagate our urban tree population, the City will furnish and plant trees in the boulevard adjacent to each lot in the Subdivision. The number and species of trees will be determined by the Tree Hoard. Trees will be planted only subsequent to a dwelling occupying the lot and the establishment of all final soil grades. The City will replace any tree which dies within one year of planting. 13. It is understood and agreed that the Subdivider will provide the City with refleotorized street name signs, mounting posts, and mounting brackets for the intersection of Campbell Lane and Campbell Court. The signs and appurtenances shall be of the materials, oolor, size, and type determined by the City Maintenance Operations Supervisor, and the aforedescribed materials shall be delivered to said City Maintenance Operations Supervisor prior to the completion of grading and aggregate base construction for the Subdivision. The City will install the street name sign at the intersection. 14. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 15. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office and that no Building Permits x111 be issued until said Agreement is reoorded. IN VITNESS THEREOF, said Salon McClure, a widow, has hereunto set her hand this _ day of 19_. Helen McClure STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of . 19_1 by Solon MoClure, a widow. Notary Public, County, Minnesota My Commission Expires - L JDBDIVISION AGREEMENT MoCLDRE13 SECOND ADDITION PAGE h Approved by the Council this day of , 1988. CIT! OF suTCHINSON Its Mayor Its City Clerk STATE OF MINNESOTA The foregoing instrument was acknowledged before me COMITY OF this_day of , 1 , by Paul L. Aoklan, 9Mayor and Gary D. Plots, City Clerk. Notary Publio, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BTs Eugene Anderson Director of Engineering City of Hutchinson 37 Washington Ave. West Hutchinson, MN 55350 Telephones 612-587-51519 Ext. 208 VISCNI112 coNING* P.O. BOX 816 • 1153RD AVE. W. *ALEXANDRIA, MN a 612.763.4513 or 762.8525 Welty Tischer 762-1025 a Don Tischer 762-1960 April 15, 1988 TO: The Hutchinson City Council FROM: Tischer Construction, Inc. RE: Subdivision Ordinance #466 s FOR YOUR INF0RMOOK, Dear Council Members; The proposed Park Contribution Schedule seems to be another penalty or fee to haneowners who are least likely to use the parks. Homeowners have their own lawns to use and generally play equipment for their children right at home. The parks are generally used by apartment and mobile home dwellers who do not have their own equipment or yards to use. I believe there is a need for a good park and playground system, but the taxes and fees should be collected from the people who most use then. The fees involved in development and construction are continually increasing in this area and the sale prices are not keeping pace with the increased costs. There has got to be a better way. Walter D. Tischer, Pres. U.S.S. ALSIDE STEEL SIDING • REPLACEMENT WINDOW. FOAM INSULATION - - 0 0 REGULAR COUNCIL MEETING APRIL 26, 1988 • WATER $ SEWER FUND *Withholding Tax Account employer contribution $555.81 *PERA employer contribution 314.54 David Whiting water meter refund 70.00 Breitbach Construction double payment refund 50.09 Frank Fay Realty double payment refund 13.21 Lillian Navara double payment refund 26.25 Lakeland Eng. Equipment supplies 32.66 Amex Life Assurance Co. May LTD ins. 53.72 Hutch Leader ads 61.53 Logis Feb. $ March computer chgs 976.22 Mn. Valley Testing Labs testing 42.00 Physicians Health Plan May medical insurance 1308.09 Sun Life of Canada May dental insurance 168.22 Water Products Co. meter 282.61 Central Garage Fund March repair jobs 4959.91 Donohue Eng. 4 Architects professional services 111,495.84 Robert L. Carr Co. construction costs 632,078.00 $ 752,488.70 CENTRAL GARAGE FUND *Withhold Tax Account employer contribution $ 85.18 *PERA Standard Spring Co. employer contribution repairs 48.20 383.00 Amex Life Assurance Co. May LTD ins. 7.25 Physicians Health Plan May medical insurance 169.71 Sun Life of Canada May dental insurance 24.26 $ 717.60 GENERAL FUND *Withhold Tax Account employer contribution $3689.08 *PERA employer contribution 4298.76 *Dept, of Natural REsources registration fees 433.00 *opryland USA 41 tickets 673.63 *Music,Music,Music 41 tickets 373.10 *GEneral Jackson 41 tickets 826.15 *3m Employee Store tapes 55.38 *Dept. of Natural REsources registration fees 461.00 *Dept. of Natural REsources registration fees 150.00 Paul Ackland meeting expenses 31.30 Brian Giersdorf arena supplies 30.25 Gale Boelter gas 7.00 Cindy Gregor moving expenses 24.98 Liz Gerebi ice show expenses 121.33 Blanche Ludowese appraisal of jewelry 18.00 Finley Mix %safety shoes 30.00 Russell Johnson %safety shoes 30.00 Tim Schloeder Am.Red Cross first aid 100.00 Rick Theis safety shoes 26.97 John Yaklick 21 trees 94.50 -2 - Jesse 0. Bye piano lessons $ 60.00 Verna Hintz tour refund 6.00 •Hulda Peterson tour refund 7.00 Edna Hutchins tour refund 6.00 American La France parts 101.97 Butterworths legal books 34.50 Dictaphone equipment 32,387.00 Elvin Safety Supplies supplies 62.66 Govt Finance Officers Assn. membership dues 70.00 Ice Skating Inst of American test patch 20.56 Koch Materials Inc. street materials 4974.05 Life Lite Police Equipment bulbs 31.50 McGraw Hill Book Club Book -Breaking Away 34.60 M -R Sign Co. signs 558.27 Marks TV Service repairs 40.00 NK Sales stump removal 201.00 Precision Lab Inc. supplies 255.88 Sewing Basket alterations on 6 shirts 12.00 Southwest Reporters Inc. court report transcript 329.99 Yardman Fence Com. posts 120.00 Ordway Music Theatre deposit on tickets 110.00 Ordway Music Theatre balance due on tickets 110.00 Mn. Twins 46 tickets 417.00 The Christie House tour fee 48.00 St. Cloud STate University registration f ees-Arlt&Haugen 60.00 Mn. Dept. of Health plan review 150.00 Allied Mechanical Systems repairs 252.97 •Allied Mechanical Systems repairs 30.99 American Risk Services May services 800.00 Amex Life Assurance Co. May LTD ins. 607.38 ARnold $ McDowell April compensation 2500.00 Cash Wise case coffee 62.61 Co. Treasurer dl fees for county 136.00 County Market supplies 103.29 Mn. Dept. of Public Safety CJDN connect charges 240.00 Don Streichers speed loader holder 26.00 Dons Foods supplies 25.45 Douglas JOst April comp. $ mileage 1121.10 Crow River Glass Co. door closer 95.00 Eileen Goeders contract payment 1500.00 Ericksons More 4 Store supplies 15.47 Ed Davis Bus. Machines office supplies 55.41 Govt Training Service reg. fee for Bill Craig 65.00 Govt Training Service reg. fee for Steve Madson 103.00 Hager Jewelry name plaques 10.75 Hutch Comm_ Hospital laundry 7.20 Hutch Iron & Metal iron 13.20 Hutch Leader publication costs 648.88 Hutch Medical Center physical exam of Goranson 135.00 Hutch Utilities supplies 1844.45 Hometown Music equipment 65.50 HCVN #10 cable franchisepayment 771.00 School Dist. 423 box file folders 5.26 •Ind. Ind. School Dist. 423 work study students etc. 1172.80 Ink Spots supplies 99.85 K Mart supplies 49.91 Law Enforcement Equipment badges -speed loader cases 1005.10 • -3 - Marco Bus Products Mankato Bus. Products McGarvey Coffee Northwestern Bell National Police Supply Olsons Locksmith Northland Beverages No. American Cable Systems Pitney Bowes Credit Corp Gary Plotz Peterson Bus Service Physicans Health Plan Rite Way Auto Wash Shopko Standard Printing Sun Life of Canada West Publishing Co. Central Garage Fund Logis BOND FUNDS typewriter copier maintenance coffee leased phone line supplies padlock supplies april services mail mach/scale meeting expense coach rental May medical insurance tokens for car wash VHS tape tree door knockers May medical ins. Mn.Sessions Laws 88 March repair jobs Feb $ Mar computer charges POLICE CONSTRUCTION FUND *C.A.M. INC. professional Logis cable Carquest paint Clyde Gregor built ins New Ulm Glass Co. payment 1 R & H Painting Inc, payment 3 $ 4 Hendleys Inc. payment 1 Everet Peters Construction payment 4 Jerrys Tile Service payment 1 Gausman Bldrs Inc. payment 1 Barils Paint & Carpet payment 2 Bern Wall Inc. payment 1 E.J. Pinske Bldrs Inc. payment 6 Allied Mechanical Systems payment 9 Nystroms Inc. payment 2 $ 5 0 Schatz Construction payment 4 services $925.15 45.00 57.35 326.50 133.00 15.00 25.20 5.65 102.00 7.38 385.00 11,560.90 150.00 8.78 51.00 1631.95 86.00 6067.02 8386.28 $ 94,920.14 $7089.09 1624.75 52.05 2875.00 4432.70 1795.75 1781.25 3153.95 4367.15 2610.00 1571.20 14,554.00 6531.75 3301.82 828.70 5419.26 $ 61,988.42 •PERA MUNICIPAL LIQUOR STORE employer contribution $166.07 Withholding Tax Account employer contribution 294.36 City of Hutchinson payroll 4124.68 Junker Sanitation March service 102.60 Coast to Coast supplies 24.14 Quade Electric bulbs 29.96 Hutchinson Utilities gas $ electric 469.91 American Legion Post No. 96 legion baseball tournament 35.00 Fronteer Director Co. directory advertising 94.05 Allen Office Supplies supplies 136.00 Hutchinson Telephone Co. phone service 79.00 Nationwide Papers bags 98.06 American Linen Supply Co. towel service 16.96 Hutchinson Fire F Safety inspection fee 10.00 Floor Care Supply tissue 57.00 Hutchinson Leader March advertising 59.40 City of Hutchinson water,sewer,refuse 58.65 Northland Beverage mix 158.10 Coca Cola Bottling mix 385.15 Henrys Candy Co. supplies 773.48 Tombstone Pizza Corp supplies 19.75 Locher Bros beer 8302.50 Lenneman Beverages beer 13,983.00 Friendly Beverage Co, beer 1257.25 Ed Phillips $ Sons Griggs Cooper $ Co. liquor liquor 796.35 1372.27 Quality Wine 6 Spirits Co, liquor 2698.54 Johnson Bros. Wholesale liquor 3333.67 Johnson Bros. Wholesale liquor 593.18 Griggs Cooper $ Co. liquor 1459.12 Quality Spirits $ Wine liquor 1246.19 Ed Phillips $ Sons liquor 1718.22 Commissioner of Revenue march sales tax 7630.24 Sprengler Trucking feb. freight chgs. 346.40 40 DAVID 9, ARNOLD CHARLES R. CARMICHAEL MICHAEL B. LSaARON "BY D. MCDOWELL FAYE ENO'WLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. MOOR CHARLES L. NAIL. JR. "USA E. PRETLAND DAVID A. BRUEOOEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 19, 1988 Am -TOLD & McDOWELL ATTORNEYS AT LAw 101 PARE PLACE HUTCHINSON. MINNESOTA 55350 (912)597-7575 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Sam Ulland vs. James Marka and his employer, the City of Hutchinson Our File No. 3244-87-0011 Dear Gary: 5681 CEDAR "RE ROAD MINNEAPOLIS, MINNESOTA 53415 (512)545.9000 MN TOLL "BE 800-343.4545 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55391 (512)389-2214 FOR YOUR INFORMATION iPlease be advised that Sam Ulland has made another Motion to the Court requiring the City to appear at special term in Glencoe on April 22, 1988. Apparently, he is requesting that he be allowed to hookup one trailer to utility services so that the park would have a "manager." Obviously, we will resist the request. The above is for your information. Very truly yours, ARNOLD G. Barry Anderson GBA:lm CC James Marka John Parrington 0 5'7r1TF CI" M IrYN E50 AA e47vlv ry c MCG rob Y> -t4 c•. ty Jrr" pisT+R��T eovRT �sT J U.D/CeAr. ar}sR,tT FC �kGTro ry oAWr 7{1 C.a.�R , r C rY DI1N T'. r M1AIti�� 9r SnT� TC577-1 7C e, /z+i^ fvF no.j ,'G4 d, fit` K� >l --4L- 6. ,,j e�, �E 0 Y,Y PARKS a RECREATION a FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 (612) 587-2975 SENIOR CENTER CIVIC ARENA Nim587-6564587-4279 T0: Mayor to City Council FROM: Mark Schnobrich, city Forester FOR YOUR INFORMATION DATE: April 20, 1988 RE: Arbor Day, 1988 Arbor Day 1988 will be celebrated on Friday, May 6th at 4:00 p.m. in Library Square. Phase II the Library Square renovation project will be taking place at that time. Representatives from Firstate Federal Savings and Loan will be presenting a check for $2,500. The Aid Association for Lutherans will also be noted for their contribution of 25 cast iron garbage can liners to Library Square and the entire downtown business area. Their donation alone was more than $2,000. If you can, please attend this day of ceremony dedicated to trees. klm C I TY of MUTCN r NSON FOR YOUR INFORMATION: W.W.T.P. GRANT FORM 271 LOG SUMMARY BSC-- ---.-. -._-'. ____.. _.__. ......__ __. -_.--_ KIWW iN USw. _ _- - - _. _ DATE PAY AMT AMT ACCUMULATED RE VEST X REQUESTED PAID AYMENT TOTAL 7�►4�8 __ 3: - Y a 1155174 _ I r - ,. 8 — —�SIy� _7 13 a _13 I S' I 5 r 5%, I_ 1 1. 1i 1G/ -- - - _rb �L71- 7 74J , ar.. -= «� -- - - —* -- —j— —i - - - -1 _ — - I LA 1 _ — ---- 1_4 I --- ILS-- - - - ------ - - I -T-- - 1 ( I } --- I BSC-- ---.-. -._-'. ____.. _.__. ......__ __. -_.--_ KIWW iN USw. i 0 E CITY OF NUTOW ON NAME Rick Theis EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL JOB TITLE Engineering Aide SUPERVISED BY Gene Anderson FOR YOUR INFORMATION DATE April 22, 1988 ADDRESS 1118 Sherwood, Hutchinson EMPLOYMENT STATUS _NEW EMPLOYEE x OTHER:was work Study FULL TIME _PART TIME OR SEASONAL PAY RATE T2 COMMENTS Vocational student - has been on work study program - funds now depleted THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS. Imm'04mom )APANTMENT � I R HUTCHINSON FIRE DEPARTMENT REGULAR MEETING Monday, April 4, 1988 FOR YOUR INFORMATION The meeting opened at 8:15 p.m. Fine collected $4.00. George reported on the Safety Council meeting. (Roads out in West Elementary area.) Fire Prevention Committee reported some plans for Fire Prevention Week. Motion was made and seconded to spend the money for the 3 pinwheel fire prevention sets. Motion passed. Dance Committee was directed to pick the band they see fit. Bills and fire runs were presented -as o ows: - General Account Rural U.S. Postmaster 22.00 Jim Popp 11.50 Hager Jewelry 9.50 Harvey Kemper 5.61 Steve Griep 100.00 HFO General Acct. 6,500.00 Anoka Technical Inst. 900.00 Rural Savings 15,000.00 Ink Spots 27.55 Orlin Henke 9.25 Hager Jewelry 33.18 Brad Emans 16.25 Red Owl 6.55 Randy Redman 7.50 Total si,0079 Dan Zieman 20.75 Coast -to -Coast 1.69 Dick Popp 24.50 36.71 Coast -to -Coast Larry Thompson 18.75 Jewelry 4.40- ---- Total $21,6T4 ff City Account Craig Almquist 30.00 Allen Office 43.50 Craig Powell 30.00 Hutch Drug 9.28 Scott Powell 30.00 Hutch Fire & Safety 88.80 Bruce Precht 62.78 3-D Fire App. 40.84 Craig Reiner 91.50 N.S. Carling & Co. 42.32 Mike Schmidt 43.20 Hutch Wholesale 5.87 Mid Central, Inc. 86.64 Coast -to -Coast 1.69 Metro Fire Equip. 36.71 Coast -to -Coast 61.96 Hager Jewelry 4.40- ---- Hutch Wholesale 2.70 Hager Jewelry 5.88 Popp Electric 221.92 Allen Office 3.13 Total $T431 Fire Runs 3/1 Baumetz 3/18 Utilities 3/26 Nelson 3/3 Victorian Inn 3/18 Elke 3/30 Karg 3/4 State Theater 3/18 Clinton House 3/31 Dakota Rail 3/7 Drill 3/20 Wanous 3/12 Rescue 3/21 Drill 3/13 Brock 3/23 Fredrickson 3/14 Drill 3/23 Evergreen 0 HUTCHINSON FD MINUTES CONT. 4'0'4/88 Motion make and seconded to allow bills and runs. Motion passed. There will be a meeting with DNR about burning ban on April 7 and about the SARA �ogram. The Regional meeting will be held April 25th at Hector at 8:00 p.m. The District 423 variety show will be held April 15 and 16. Our support would be greatfully appreciated. A letter was read from our insurance company that 233 is NOT covered for freeze up. Lester Prairie Firemans Dance will be on April 8 at Pla-Mor. Brainerd Tech sent a thank you for attending the Sectional School. Kevin Piehl was voted on to the regular department. Brian Brown was voted on to the one year probationary period. The Community Awareness Drill will be held on April 28. 3M tour and steak fry sill be held May 25th starting at 4:30 p.m. We will be hosting a Regional meeting on October 24th. Brad reported on #233. Pierce informed us that they will pay a portion of the 0 pairs. Craig Almquist resigned as mechanic. Dick reported Fire Fighter II Block B starts tommorrow night. The meeting adjourned at 9:45 p.m. Jamie Emans Secretary 0 FOR YOUR INFORMATION MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 19, 1988 1. CALL TO ORDER The meeting was called to order by Chairman Thomas Lyke at 7:30 p.m. with the following members present: Bruce Drahos, Roland Ebent, Bill Craig, Clinton Gruett, Marlin Torgerson, Larry Romo and Chairman Lyke. Also present: Building Official Jim Marka, Director of Engineering Gene Anderson, Mayor Paul Ackland, City Attorney Barry Anderson and Park Board Members, Lyle Block and Roy Johnsen. 2. MINUTES Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, March 15, 1988. Seconded by Mr. Torgerson the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY SCOTT HOGREFE Chairman Lyke opened the hearing at 7:32 p.m. with the reading of publication #3829 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is for a con iq—io T�use permit to allow the owner to move a 1979,.14'x70' mobile home on property located at 495 California St. Vicki Hogrefe stated that the mobile home is a 1974 and presented pictures of the unit. Building Official Marka commented- on the code requirments as of 1976 and also commented on the depth of the lots in the area. Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 7:39 p.m. Mr. Romo made a motion to recommend approval to City Council subject to an inspection of the mobile home by staff to verify the unit meets code. Seconded by Mr. Ebent the motion carried unanimously. (b) CONSIDERATION OF A VARIANCE SUBMITTED BY SCOTT HOGREFE Chairman Lyke opened the hearing at 7:40 p.m, with the reading of publication !3830 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is for the purpose of considering a request by the owner to allow him to reduce rear yard setback to 21' on property located at 495 California St. Building Official Marka commented on the number of lots in the subdivision and the lot sizes, with a future request to down zone Lots 1 HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 7 - 11 from R-4 to R-2. Mr. Torgerson commented on the State Statute of meeting variance requirments and stated that he sees no hardship in this case. Mr. Ebent moved to closed the hearing, seconded by Mr. Craig the hearing closed at 7:46 p.m. Mr. Torgerson made a motion to deny the request due to the unique circumstances not relative to proving a hardship and recommends that the area be reviewed and rezoned down from R-4 to R-2. Seconded by Mr. Romo the motion carried unanimously. (c) CONSIDERATION OF REZONING FROM R-2 TO R-3 SUBMITTED BY CITY STAFF Chairman Lyke opened the hearing air 7:47 p.m. with the reading of publication #3831 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is for the purpose of cons idering a request by City Staff to rezone property located at Franklin St. and 4th Ave. from R-2 to R-3. Mr. Torgerson moved to close the hearing. Seconded by Mr. Romo the hearing closed at 7:48 p.m. Mr. Romo made a motion to recommend approval of the rezoning, seconded by Mr. Craig the motion carried unanimously. (d) CONSIDERATION OF A VARIANCE SUBMITTED BY JERRY EGGERT Chairman Lyke opened the hearing at 7:48 pm. with the reading of publication #3832 as published in the Hutchinson Leader on Thursday April 7, 1988. The request is for the purpose ofconsidering a request by the owner to allow them reduce side yard setback from 6' to 3' for the purpose of constructing a larger garage on property located at 630 Juul Rd. Mr. Torgerson commented on the problem of the lot and the State Statute regulations. Mr. Jerry Eggert commented on the neighboring property garages and the positive response for the garage by neighbors. Discussion followed on continuity of granting variances and the complications of the State regulations. Mr. Torgerson moved to close the hearing, seconded by Mr. Orahos the hearing closed at 7:58 p.m. Mr. Romo made a motion to recommend denial to City Council based on lack of hardship. Seconded by Mr. Ebent the motion carried unanimously. (e) CONDERATION OF AMMENDMENT TO SUBDIVISION ORDINANCE #466 REQUESTED BY THE HUTCHINSON PARK BOARD Chairman Lyke opened the hearing at 8:00 p.m. with the reading of publication #3833 as published in the Hutchinson Leader on Thursday 2 HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 April 7, 1988. The request is for the purpose of considering the an ammendment to Subdvision Ordinance #466 by the Park Board and City Council to increase the park and playground contribution by increasing 40 the contribution fee. Mr. Lyle Block, Chairman of Park Board, commented on the Park Board discussion on the percentage of land contribution. He stated that MN Statutes are equal to 10%. The current percentage of park land in the City is 8.3% of the total acreage of the City. Mr. Block brought forward the memo to the Planning Commission on March 4, 1988 stating that the Park Board recommends that memo as the ammendment to the ordinance. Mr. Deforest Wagner, area land developer, questioned what code was followed to determine the percentage of contribution. Chairman Lyke stated that the city sets the percentage of the schedule. Mr. Wagner asked who determines the value of the undeveloped land. Mr. Block read from the current ordinance #5.101 stating that three qualified appraisers would be involved. Discussion followed on the fee schedule and the point when the fee or land contribution would be retained. Mr. Block read correspondence from Mr. John Miller concerning playground area north of Highway 7 and Tischer Construction recommending the fee be collected from the users of the parks not the home owners. Chairman Lyke commented on the park system in Hutchinson and recommended not to decrease the amount of land set aside for parks. Building Official Marka commented on the assessments of the property contributed for parks. Discussion followed on the need for residential playgrounds and the cost involved to equip a playground and park. Mr. Ebent moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:23 p.m. Mr. Ebent made a motion to recommend the adoption of the new park schedule as submitted by the Park Board in the memo of March 4, 1988. Seconded by Mr. Drahos the motion carried by a 6 to 1 vote. Mr. Craig voting nay. (f) CONSIDERATION OF REZONING REQUEST FROM R-2 TO R-3 ON SUBMITTED BY DEFOREST WAGNER Chairman Lyke opened the hearing at 8:25 p.m. with the reading of publication 13834 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is for the purpose of considering a request to rezone property located West of Dale St. from R-2 to R-3 for the purpose of housing development. 9 E HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 Mr. Wagner stated that total annexed property. area being rezoned. the rezoning included approximatly 1/3 of the There was discussion on the portion of the Building Official Marka stated that staff would like the property to remain R-2 until a site plan is provided and the proposal should comply with the Comprehensive Plan. Discussion followed on the development of the roads and the density. Sandy Green, Hutchinson School Board, commented on the concerns of the School Board with having a higher density in the area siting four reasons for the opposition. 1) The property was zoned as R-2 when the school district purchased the property. 2) Increase in density would increase traffic. 3) High density population next to a school facility may lead to misuse of school facilities. 4) There is no separation of playground areas between the proposed R-3 property and the school property. Mr. Ron Hanson, owner of Hanson's Construction, stated his opposition to the R-3 density close to his property. Mr. Torgerson moved to close the hearing, seconded by Mr. Craig the hearing closed at 8:35 pm. Mr. Torgerson made a motion to reject the rezoning due to the incompatibility of the general intent and purpose of the City's Comprehensive Plan, no site plan and several other factors such as increased traffic, ingress and egress problems, insufficient parking facilities .on adjacent streets, increased density of population, increased noise levels and fire safety hazard to other real estate properties in the area. Seconded by Mr. Ebent the motion carried. Mr. Roma voting nay. (g) CONSIDERATION OF A VARIANCE SUBMITTED BY EVERETT HANTGE Chairman Lyke opened the hearing at 8:40 p.m. with the reading of publication 53835 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is for by the owner to allow him to construct a building addition 12' off the front property line located at 400 South Glen St. Mr. Everett Hantge explained the proposal and thrust of the project to update for handicapped accessibility. He commented on the plan for the handicapped facilities. Discussion followed on the proposal with explanation by Mr. Hantge and question of hardship. Mr. Hantge stated the hardship being the small size of the area. He also addressed the parking at Peace Lutheran Church and read correspondence by the trustees which would be reviewed each year. There was discussion on the parking spaces required for the existing building and proposed addition and also the square footage of the property and building.' 4 HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 Mr. Jim Haugen, Korngiebel Architecture, commented on the handicapped requirements and the funciton of the building for handicapped persons. City Attorney Anderson commented on variances as MN State Statute sites the legal intent where there is a handicapped correction problem the variance is to be considered. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:59 pm. Mr. Torgerson made a motion to recommend approval to City Council taking into consideration the parking understanding with Peace Lutheran Church as adequate and with the understanding of the handicapped accessibility hardship. Seconded by Mr. Romo the motion carried unanimously. (h) CONSIDERATION Of A CONDITIONAL USE PERMIT SUBMITTED BY EVERETT HANTGE Chairman Lyke opened the hearing at 9:00 p.m. with the reading of publication #3836 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is for a con ilona use permit to allow the owner to construct a building addition to the existing funeral chapel located at 400 South Glen St. Mr. Ebent moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 9:01 p.m. Mr. Ebent made a motion to recommend approval to City Council. Seconded by Mr. Torgerson the motion carried unanimously. (i) CONSIDERATION Of A VARIANCE SUBMITTED BY JAMES GAGNON Chairman Lyke opened the hearing at 9:03 p.m. with the reading of publication #3837 as published in the Hutchinson Leader on Thursday April 7, 1988. The request is for a variance to aT o the owner to to reduce sideyard setback -from 6' to 2' for the purpose of constructing a garage addition located at 75 -5th Ave. N.E. Mr. James Gagnon presented handouts explaining the variance request. He commented on the property use and the building proposed landscaping features. Mr. Torgerson commented on the State Statute requirement and hardship. Mr. Craig sited the difference in the addition and not reconstruction of the garage. Discussion followed on future additions to the rear of the house. Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 9:22 p.m. Mr. Romo made a motion to recommend denial of the variance based on lack of hardship. A roll call vote followed: Mr. Torgerson, aye, Mr. Craig, nay, Mr. Lyke, nay, Mr. Romo, aye, Mr. Drahos, aye, Mr. Ebent, aye and Mr. Gruett, nay. 1] HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 (j) CONSIDERATION OF A CONDITIONAL USE, PERMIT SUBMITTED BY JAMES GAGNON Chairman Lyke opened the meeting at -9:23 pm. with the--reading—of— -- - publication #3838 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is for a conditional use permit to allow the owner to construct an addition to the present non -conforming garage located at 75 -5th Ave. N.E. Mr. Rano moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 9:24 p.m. Mr. Torgerson made a motion to recommend approval to City Council. Seconded by Mr. Craig the motion carried unanimously. (k) CONSIDERATION OF AMMENDING SITE PLAN AT SCHOOL RD AND GOLF COURSE RD SUBMITTED BY TERRY MICK Chairman Lyke opened the hearing at 9:25 p.m. with the reading of publication #3839 as published in the Hutchinson Leader on Thursday, April 7, 1988. The request is by the owner to amnen�he site plan and specifically increase the density from 64 units to 80 units from the original rezoning and site plan approved by the City Council on October 14, 1986 located on School Road North and County Road 12. Attorney John Lubitz, representing the developer, commented on the rezoning of the property in 1986 to R-3 with the site plan that called for 8 - 8 unit buildings. The owner is now proposing a site plan change of 5 - 16 unit two story buildings which would create more lawn space and parking area in the complex itself. Mr. Lubitz then presented a picture of the proposed buildings and stated that they were not aware of documented conditions placed on the rezoned property. He also commented on the fact that the proposal does fall within the requirements of R-3 zoning in the City of Hutchinson. Mr. Joe Moorman, 960 Rolling Greens Lane, opposed the change in site plan from 64 to 80 units as it would increase traffic congestion. Mr. Torgerson read the Planning Commission minutes of 9/16/86 regarding the site plan as being 4 -unit apartments. City Attorney Anderson stated concerns with contractor conditional zoning and that the ordinance of the City is not clear as to why we require a site plan. Building Official Marka addressed the setback requirement to the west of the property being 25'. Mr. Frank Fay, President of the Rolling Greens Home Owners Association, voiced the concerns of the association of the valuation of their property. He stated the property zoned R-3 is the only R-3 in the City boardering an R-1 zone without a buffer. There is concern with the area not having a park or playground area thus leading to children playing on the Golf Course. Mr. Fay commented on HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 the original intent of 70 townhouses in the area and that the association opposes the 80 unit use. Mr. Jim Mills, 962 Rolling Greens Lane, commented on concerns of the Crow River Country Club with the project density. Chairman Lyke read correspondence from Richard Burgart, President of the Crow River Country Club, stating that the board takes no stand on the project at this time. Mr. Roger Kabie, member of the Country Club, opposed the apartments boardering the Golf Course. Mr. Ralph Neumann, 980 Rolling Greens Lane, commented on the front and rear yard setbacks. Building Official Marka stated that the shallow end of the proposed buildings would be the front yard. Dr. Chet Anderson, 968 Rolling Greens Lane, commented on the minutes of 9/16/86 concerning the rezoning of the property and commented on the appearance of the proposed buildings as not being similar to the townhouses. Mr. Mooreman presented a petition to the Planning Commission which also included residents from Luedtke Lane. Mr. Torgerson stated that the assumtion was to follow the zoning ordinance. He also stated that he understands the concerns on both sides of the issue and it appears that the site plans have no bearing on the rezoning. Discussion followed on the site plan being a statement of intentions. City Attorney Anderson commented on the former owners intentions. Mr. Bruce Torrell, 974 Rolling Greens Lane, commented on the previous owner intentions being townhouses similar to the Rolling Greens area. Chairman Lyke commented on the Planning Commission's roll after the zoning process and the definition as being legal. Discussion followed on the Question of the density. City Attorney Anderson stated that the City's ordinance does not site a time limitation on zoning. Mr. Rod Krasen, 1006 Rolling Greens Lane, commented on the previous owner intentions. Mr. Kable commented on mistakes having been made in the development and his concerns with the development proccess. . 7 E HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 Mr. Dan Feneis, developer of the project, commented on the previous denial of rezoning the Froemming property and stated he is trying to comply with the zoning ordinance in every way. Mr. Torrell commented on the intentions of the neighboring property owners to protect the value of their property. Mr. Jim Kuehl, Rolling Greens Lane, commented on the R-1 status of the Froemming property. Mr. Craig commented on the zoning of the property to R-3 and the uses permitted in an R-3 zone. Mr. Orahos, stated concerns with the use of the site plan and being mislead by the previous owner. Chairman Lyke stated that the site plan is not a control Iig factor in a rezoning and is used as a courtesy to the Planning Commission. City Attorney Anderson stated that there was no legal reason for a public hearing on a site plan change but that the City Council had requested the hearing. There is nothing in the Ordinance requiring a public hearing on site plan changes. The City Council is looking for a recommendation by the Planning Commission. Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 10:20 p.m. Mr. Torgerson made a motion to reject the site plan based on the fact 25% increase of density is not consistent with the original plan presented in 1986. Seconded by Mr. Drahos the motion carried with a roll call vote as follows: Mr. Torgerson, aye, Mr. Craig, nay, Mr. Lyke, aye, Mr. Romo, aye, Mr. Orahos, aye, Mr. Ebent, aye and Mr. Gruett, aye. A 10 minute recess was called. The meeting was reopened at 10:30 p.m. 4. OLD BUSINESS (a) CONSIDERATION OF RESUBMITTAL OF SITE PLAN FOR MUNSELL CARWASH Building Official Marka commented on the project proposal and that the project conforms legally to the ordinance. Mr. Torgerson made a motion to recommend approval to City Council subject to the staff recommendations of 4/7/88. Seconded by Mr. Romo the motion carried unanimously. 0 HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 (b) BRW UPDATE 0 Building Official Marka commented on the progress of completing the Comprehensive Plan as taking more time than originally planned. The areas to be in process by staff are as follows: Bill Weber, BRM, is to summarize his findings from the interviews. Gene Anderson, City Engineer, will begin researching and updating base maps and information of traffic counts, utilities, infrastructure, etc. Gary Plotz, City Administrator, will begin drafting a survey which will reflect community input. Jim Marka, Building Official, into provide B.R.W. with building permit history. City Staff set a deadline for the Comprehensive Map completion in January. 5. NEW BUSINESS (a) CONSIDERATION OF LOT SPLIT ON BLUFF STREET SUBMITTED BY GENE BROWN Building Official Marka commented on the existing house on the property being demolished. Mr. Torgerson moved to recommend approval to City Council contingent upon the removal of the non -conforming house. Seconded by Mr. Romo the motion carried unanimously. (b) CONSIDERATION OF PRELIMINARY PLAT OF WOOOYIEW ACRES SECOND ADDITION SUBMITTED BY JOEL YINKEMEIER (2 mile radius) Mr. Ebent made a motion to recommend approval with not -objection to City Council. Mr. Torgerson ammended the motion recommending approval provided the 40' drainage easement be platted utility as well as drainage. Seconded by Mr. Drahos the amnended motion carried unanimously. (c) CONSIDERATION OF SKETCH PLAN SUBMITTED BY BOB BILLIET (2 mile radius) Mr. Torgerson moved to recommmend approval to City Council -with no objection, seconded by Mr. Craig the motion carried unanimously. (d) CONSIDERATION OF LOT SPLIT SUBMITTED BY JIM HANSON ON LOT 3 BETKER'S ADDITION Discussion followed on the placement of the property and the access to it. Mr. Torgerson moved the recommend approval to the City Council, seconded by Mr. Drahos the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES 4/19/88 (e) CONSIDERATION OF FINAL PLAT OF SIEMSON ESTATES SUBMITTED BY ROGER SIEMSON (2 mile radius) — ----- Mr. Torgerson moved to recommend approval to the City Council with no objection, seconded by Mr. Ebent the motion carried unanimously. (f) CONSIDERATION OF FINAL PLAT MCCLURES SECOND ADDITION Mr. Jim McClure commented on the change to Lot 5 in the curb opening size. He also stated that the issue of the storm sewer is a separate issue and needs not be placed on the final plat. Discussion followed on the 25' easement for the storm sewer on Lot 1. City Engineer Anderson commented on the plat having the easement. Mr. Rano commented on the fact that there is no signed easement so it can not be placed on the plat. City Engineer Anderson suggested to provide compensation for the easement. Mr. McClure was directed to provide documentation of the cost difference between the lots and provide a proposal to the City Council as to monetary reimbursment by the City. Mr. Torgerson made a motion to recommend approval of the final plat with the stipulation that the McClures provide a proposal of monetary reimbursment for the 35' easement inside Lot 1. Seconded by Mr. Drahos the motion carried unanimously. (g) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS SUBMITTED BY GOEBEL FIXTURE Building Official Marka commented on the timeline to begin construction on the facility immediately. Mr. Torgerson moved to recommend approval to begin annexation proceedings, seconded by Mr. Craig the motion carried unanimously. (h) CONSIDERATION OF A SIGN PERMIT TO BE ISSUED TO BROWN GREENHOUSE Mr. Torgerson moved to recommend approval of the sign permit request, seconded by Mr. Romo the motion carried unanimously. 6. ADJOURMENT There being no further business the meeting was adjourned at 11:21 p.m. 10 a' tff 12)587.5151 TY OF HUTCHINSONSHINGTON AVENUE WESTINSON, MINN. 55350 6 M E M 0 DATE: May 5th, 1988 TO: Mayor and City Council FROM: Eugene Anderson, Director of Engineering RE: Bids for Lettings 5, 6, and 7 Bids for the referenced projects were opened on Friday, April 29th. The projects involve primarily surface improvements. Two bids were received for Letting No. S. The low bid for Duininck Bros. was incomplete, failing to quote prices for one of the five projects included in the letting. I, therefore recommend, that the bid be rejected and that either new bids be taken or the second low bid be accepted. That bid is about $10,000 higher than the low bid, but readvertising would mean that a contract could probably not be awarded until July 12th. Assessments and the accompanying resolutions were thus prepared based on the second low bid. Les Kouba Parkway realignment at T.H. 7 is included in Letting S. The total project cost based on the second low bid would be $14,154.20, which is less than our preliminary estimated City cost. It was, therefore assumed, that no assessments would be levied for the project. The other project in the letting that involved some City cost was Shady Ridge Road. The preliminary estimate of City cost was - $4,700, while computations now show the figure at $3,800. Letting No. 6 has one project, the parking lot north of City Hall, where City cost would be incurred. The preliminary estimate of City cost was $20,000, while the cost pursuant to the bid would be $14,820. The final bid, that for Letting No. 7, includes three projects, all with considerable City cost. A summary is as follows: CITY COST PER PRELIMINARY ESTIMATE CITY COST PER BID Franklin St. $ 107,800.00 $113,000.00 Grove St. 65,200.00 63,600.00 4th Ave. S.W. 135,700.00 109,000.00 308,700.00 $285,600.00 The total City cost for all 1988 improvement projects, including those already under contract; Letting 5, 6 and 7; and those for which bids must yet taken, will decrease from our most recent estimate of $673,515, dated April 14th, to about $646,415. This figure includes costs that are ineligible for municipal state aid funds. Approval of the attached resolutions is requested — Eugene Anderson Director of Engineering EA/pv RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT J RESOLUTION NO. 8779 ASSESSMENT ROLL NO. 242 LETTING NO. 5 WHEREAS, by a resolution passed by the Council on the 5th day of May, 1988, the City Administrator City Clerk was directed to prepare a proposed assessment of the cost of improving: Project No. 88-01 Colorado Street from 8th Avenue N.W. to the North Terminus, and 8th Avenue N.W. from School Road to Colorado Street and Colorado Circle from Colorado Street to the Cul-de-sac by the Construction of Bituminous Surfacing, Sewer and Water Services to All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-01A The Golf Course Roadway from Colorado Street to Approx. 400, Northwest by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-03 Campbell Lane from Approximately 300' North of Hilltop Lane to Connecticut Street by Construction of Bituminous Surfacing, Sewer and Water Services to the • Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-09 Shady Ridge Road from Trunk Highway 7 to Hilltop Lane by Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous Surfacing, Concrete Driveway Approaches, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; Project No. 88-12 Les Kouba Parkway from Trunk Highway 7 Frontage Road to Approx. 200' South by Construction of Grading, Aggregate Base, and Appurtenances; and Curb and Gutter, Bituminous Surfacing, and Appurtenances at the intersection of Les Kouba Parkway and Trunk Highway 7 Frontage Road; all to improve said intersection; AND WHEREAS, the City Administrator has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 24th day of May, 1988, in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such assessment may be heard. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the Council this 5th day of May, 1988. Mayor City Administrator V 11 J RESOLUTION NO. 8780 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 242 LETTING NO. 5 WHEREAS, cost has been determined for the improvement of: Project No. 88-01 Colorado Street from 8th Avenue N.W. to the North Terminus, and 8th Avenue N.W. from School Road to Colorado Street and Colorado Circle from Colorado Street to the Cul-de-sac by the Construction of Bituminous Surfacing, Sewer and Water Services to All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-01A The Golf Course Roadway from Colorado Street to Approx. 400' Northwest by Construction of Bituminous;,; - Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-03 Campbell Lane from Approximately 300' North of Hilltop Lane to Connecticut Street by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and • Appurtenances; and Project No. 88-09 Shady Ridge Road from Trunk Highway 7 to Hilltop Lane by Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous Surfacing, Concrete Driveway Approaches, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; Project No. 88-12 Les Kouba Parkway from Trunk Highway 7 Frontage Road to Approx. 2001 South by Construction of Grading, Aggregate Base, and Appurtenances; and Curb and Gutter, Bituminous Surfacing, and Appurtenances at the intersection of Les Kouba Parkway and Trunk Highway 7 Frontage Road; all to improve said intersection; and the bid price for such improvement is $149,718.10, and the expenses incurred or to be incurred in the making of such improvement amount to $32,937.98, so that the total cost of the improvement will be $182,656.08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $40,185.02, and the portion of the cost to be assessed 0 d ,against benefitted property owners is declared to be $142,471.06. 2. The City Administrator, with the assistance of the Director of . Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 5th day of May, 1988. Mayor City Administrator • 0 y RESOLUTION NO. 8781 . RESOLUTION DECLARING COST TO HE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 243 LETTING NO. 6 WHEREAS, cost has been determined for the improvement of: Project No. 88-04 Tyler Street from McDonald Drive to Approx. 500' South of McDonald Drive and McDonald Drive from Roberts Road to Approx. 150' East of Tyler Street by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-05 Lakeview Lane from School Road to Roberts Road by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-06 Lindy Lane from Garden Road to Gene's Drive, Hilltop Drive from Garden Road to Gene's Drive and Gene's Drive from Hilltop Drive to Approx. 140' East of Hilltop drive by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All • Buildings or Buildable Sites, and Appurtenances; and Project No. 88-07 Sherwood Street from Century Avenue to 135' South of Century Avenue by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-08 Hillcrest Road from 6th Avenue N.E. to Approx. 190' Easterly of Walnut Street, and Walnut Street from Hillcrest Road to Approx. 216' Northerly of Hillcrest Road by Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous Surfacing, Concrete Driveway, Approaches, Sewer and Water Services to All Buildiws or Buildable Sites, and Appurtenances; and Project No. 88-11 Reith Street and Sunset Street between South Grade Road and Chicago Avenue, and Chicago Avenue from Reith Street to Sunset Street by Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous Surfacing, Concrete Driveway Approaches, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and is a Resolution No. Assessment Roll No. 243 Page 2 Project No. 88-27 Parking Lot on the East Side of Franklin Street, Approx. 225' North of Washington Avenue by the Construction of Storm Sewer, Grading, Curb and Gutter, Aggregate Base, Bituminous Surfacing, and Appurtenances; and the bid price for such improvement is $129,187.50, and the expenses incurred or to be incurred in the making of such improvement amount to $28,421.25, so that the total cost of the improvement will be $1579608.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $27,204.30, and the portion of the cost to be assessed against benefitted property owners is declared to be $130,404.45. 2. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as • provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 5th day of May, 1988. Mayor City Administrator 7 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT r RESOLUTION NO. 8782 • ASSESSMENT ROLL NO. 243 LETTING NO. 6 WHEREAS, by a resolution passed by the Council on the 5th day of May, 1988, the City Administrator City Clerk was directed to prepare a proposed assessment of the cost of improving: Project No. 88-04 Tyler Street from McDonald Drive to Approx. 500' South of McDonald Drive and McDonald Drive from Roberts Road to Approx. 150' East of Tyler Street by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-05 Lakeview Lane from School Road to Roberts Road by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-06 Lindy Lane from Garden Road to Gene's Drive, Hilltop Drive from Garden Road to Gene's Drive and Gene's Drive from Hilltop Drive to Approx. 140' East of Hilltop drive by Construction of Bituminous Surfacing, • Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-07 Sherwood Street from Century Avenue to 135' South of Century Avenue by Construction of Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-08 Hillcrest Road from 6th Avenue N.E. to Approx. 190' Easterly of Walnut Street, and Walnut Street from Hillcrest Road to Approx. 216' Northerly of Hillcrest Road by Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous Surfacing, Concrete Driveway Approaches, Sewer and Water Services to All Buildings or Buildable Sites, and Appurtenances; and Project No. 88-11 Reith Street and Sunset Street between South Grade Road and Chicago Avenue, and Chicago Avenue from Keith Street to Sunset Street by Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous Surfacing, Concrete Driveway Approaches, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and y. Project No. 88-27 Parking Lot on the East Side of Franklin Street, Approx. 225' North of Washington Avenue by the Construction of Storm Sewer, Grading, Curb and Gutter, Aggregate Base, Bituminous Surfacing, and Appurtenances; AND WHEREAS, the City Administrator has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 24th day of May, 1988, in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such assessment may be heard. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the Council this 5th day of May, 1988. Mayor City Administrator 0 RESOLUTION NO. 8M RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 244 LETTING NO. 7 WHEREAS, cost has been determined for the improvement of: Project No. 88-13 4th Avenue S.W. from Main St. to Lynn Road by Construction of Grading, Aggregate Base, Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and 4th Avenue S.W. from Grove St. to Lynn Road by Construction of Water Main and Water Services to the Property Line of All Buildngs or Buildable Sites, "d Appurtenances; and 4th Avenue S.W. from Franklin St. to (Lynn Road by Construction of Storm Sewer and Appurtenances: and Project No. 88-14 Grove Street from 2nd Avenue S.W. to 5th Avenue S.W. by Construction of Grading, Aggregate Base, Bituminous Surfacing, Sewer and Water Services to the Property is Line of All Buildings or Buildable Sites, and Appurtenances; and Grove St. from 2nd Avenue S.W. to 4th Avenue S.W. by Construction of Water Main and Water Services, and Appurtenances; and 4th Avenue S.W. from Franklin Street to Lynn road by the Construction of Storm Sewer and Appurtenances; and Project No. 88-16 Franklin Street from Washington Avenue to 1st Avenue S.W. by Construction of Grading, Aggregate Base, Cuab and Gutter, Bituminous Surfacing, Concrete Driveway,:. Approaches, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Water Main and Water Services, Storm Sewer, and Appurtenancesp; and the bid price for such improvement is $330,280.80, and the expenses incurred or to be incurred in the making of such improvement amount to $72,661.78, so that the total cost of the improvement will be $402,942.58. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: ,% Resolution No. Assessment Roll No. 244 Page 2 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $2859501.739 and the portion of the cost to be assessed against benefitted property owners is declared to be $117,440.85. 2. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 5th day of May, 1988. Mayor City Administrator 0 i 'fit RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT RESOLUTION NO. 8784 . ASSESSMENT ROLL NO. 244 LETTING NO. 7 WHEREAS, by a resolution passed by the Council on the 5th day of May, 1988, the City Administrator City Clerk was directed to prepare a proposed assessment of the cost of improving: Project No. 88-13 4th Avenue S.W. from Main St. to Lynn Road by Construction of Grading, Aggregate Base, Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and 4th Avenue S.W. from Grove St. to Lynn Road by Construction of Water Main and Water Services to the Property Line of All Buildngs or Buildable Sites, and Appurtenances; and 4th Avenue S.W. from Franklin St. to fLynn Road by Construction of Storm Sewer and Appurtenances: and Project No. 88-14 Grove Street from 2nd Avenue S.W. to 5th Avenue S.W. by Construction of Grading, Aggregate Base, Bituminous Surfacing, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, and Appurtenances; and Grove St. from 2nd Avenue S.W. to 4th Avenue S.W. by Construction of Water Main and Water Services, and Appurtenances; and 4th Avenue S.W. from Franklin Street to Lynn road by the Construction of Storm Sewer and Appurtenances•, and Project No. 88-16 Franklin Street from Washington Avenue to let Avenue S.W. by Construction of Grading, Aggregate Base, Curb: - and Gutter, Bituminous Surfacing, Concrete Driveway Approaches, Sewer and Water Services to the Property Line of All Buildings or Buildable Sites, Water Main and Water Services, Storm Sewer, and Appurtenancesp; AND WHEREAS, the City Administrator has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 24th day of May, 19889 in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such assessment may be heard. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the Council this 5th day of May, 1988. Mayor City Administrator ,x :� 0