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cp12-21-2001 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL FRIDAY, DECEMBER 21, 2001 2. INVOCATION — Rev. Greg Nelson, Bethlehem United Methodist Church (a) REGULAR MEETING OF DECEMBER 11, 2001 Action - Motion to approve as presented on �.►. �M Ul (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES FROM NOVEMBER 20, 2001 MEETING 2. CITY OF HUTCHINSON REPORT OF INVESTMENTS FOR NOVEMBER 2001 3. CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER 2001 4. HUTCHINSON AREA HEALTH CARE BOARD MEETING MINUTES FROM NOVEMBER 20, 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11852 — A RESOLUTION RELEASING PLEDGED SECURITIES FROM MARQUETTE BANK GOLDEN VALLEY - HUTCHINSON OFFICE (c) PLANNING COMMISSION ITEMS CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A COMPUTER UPGRADING, REPAIRING AND SOFTWARE STORE IN AN INDUSTRIAL /COMMERCIAL DISTRICT AS REQUESTED BY JAMES BROWN AND BONITA COX, LOCATED AT 255 HWY 7 EAST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (APPROVE RESOLUTION NO. 11851) (d) CONSIDERATION FOR APPROVAL OF STATE PREMISES PERMIT RENEWALS FOR CROW RIVER SNO PROS AND HUTCHINSON HOCKEY ASSOCIATION 1. BINGO LICENSES 2. COMMERCIAL/RECYCLING HAULERS 3. TAXI CAB LICENSE 4. TOBACCO LICENSES (f) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR THE HUTCHINSON BASEBALL ASSOCIATION ON FEBRUARY 2, 2002 ID (g) CONSIDERATION FOR APPROVAL OF AIRPORT MAINTENANCE CONTRACT Action — Motion to approve consent agenda CITY COUNCIL AGENDA — DECEMBER 21, 2001 Mao Lon. lwmwlmm��� 21101. o ... 1 LWIQ •A`:/i ll lei *X21 (a) CONSIDERATION FOR APPROVAL OF AWARDING CODIFICATION SERVICES TO THE LEAGUE OF MINNESOTA CITIES Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF 2002 FEE SCHEDULE FOR CEMETERY OPERATIONS Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF LEGAL SERVICES FOR 2002 Action — (d) CONSIDERATION FOR APPROVAL OF CITY POLICY REGARDING INFORMATION TECHNOLOGY, COPY EQUIPMENT AND COMMUNICATION EQUIPMENT Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF WATER SERVICE COST SHARING • Action — Motion to reject — Motion to approve (fl CONSIDERATION FOR ADOPTING WATER WASTEWATER REFUSE COMPOST FUND Action — Motion to reject — Motion to approve (g) CONSIDERATION FOR ADOPTING 2002 CENTRAL GARAGE FUND BUDGETS Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR ADOPTING 2002 LIQUOR FUND BUDGET Action — Motion to reject — Motion to approve (i) CONSIDERATION FOR ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR 2002 Action — Motion to reject — Motion to approve (j) CONSIDERATION FOR APPROVAL OF ESTABLISHING MUNICIPAL STATE AID HIGHWAYS Action — Motion to reject — Motion to approve (k) CONSIDERATION FOR ACCEPTING WATER TREATMENT REPORT Action — Motion to reject — Motion to approve CITY COUNCIL AGENDA — DECEMBER 21, 2001 9. MISCELLANEOUS (a) COMMUNICATIONS � :_� •�� ;��:. � :u� �.r;: : Dui ►r. (a) VERIFIED CLAIMS A Action — Motion to approve and authorize payment of Verified Claims A from appropriate funds lJ • 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 11, 2001 2. INVOCATION — Rev. Greg Nelson, Bethlehem United Methodist Church, delivered the invocation. MEM Irk" M (a) REGULAR MEETING OF NOVEMBER 27, 2001 Minutes were approved as presented. 3191 W: (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR OCTOBER 2001 2. HUTCHINSON UTILITIES FINANCIAL REPORT FOR OCTOBER 2001 3. FIRE DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2001 4. CHARTER COMMISSION MINUTES FROM OCTOBER 29, 2001 • 5. BUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2001 6. PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES FROM OCTOBER 18, 2001 7. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR OCTOBER 2001 8. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MEETING MINUTES FROM NOVEMBER 1, 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11841 —RESOLUTION AUTHORIZING MUTUAL AID 2. RESOLUTION NO. 11843 — REVISED RESOLUTION ACTIVATING DEFERRED ASSESSMENTS (REVISING RESOLUTION NO. 11816) 3. RESOLUTION NO. 11844 — RESOLUTION ADOPTING ASSESSMENT ROLL NO. 5052 (LETTING NO. 3/PROJECT NO. 01 -06) 4. ORDINANCE NO. 01-303 — AN INTERIM ORDINANCE WHICH PROHIBITS ALL APPLICATIONS FOR SUBDIVISIONS, REZONINGS AND PERMITTING WITHIN THE HIGHWAY 7 EAST AREA (SECOND READING AND ADOPTION (c) CONSIDERATION OF APPROVAL OF TRANSIENT MERCHANT LICENSE FOR RICHARD SYLVESTER (dba OFF PRICE CLOTHING CO.) • (d) CONSIDERATION FOR APPROVAL OF APPOINTMENTS TO HUTCHINSON FIRE DEPARTMENT 3 l0.) CITY COUNCIL MINUTES — DECEMBER 11, 2001 • 1. BINGO LICENSES 2. GAMBLING DEVICES LICENSES 3. COMMERCIAL/RECYCLING HAULERS 4. PAWN SHOP LICENSE 5. TOBACCO LICENSES Motion by Haugen, second by Hoversten, to approve consent agenda. Motion carried unanimously. 5. PUBLIC HEARING — 6:00 P.M. (a) OVERVIEW OF 2002 TAX LEVY AND GENERAL FUND Ken Merrill, Finance Director, presented an overview of the 2002 tax levy and general fund. Mr. Merrill explained that there was not a requirement to hold a truth -in- taxation hearing, however the Council requested that a public hearing be held explaining the levy and general fund increases. Mr. Merrill also noted that residents had not received their tax statements yet, but should be receiving them within the next week. Mr. Merrill noted that state funding had been reduced by $212,000, which created quite an impact on this year's levy. Mr. Merrill explained that the preliminary tax levy proposed was $4.8 million. The final proposal is now $4.5 million for the 2002 tax levy. Mr. Merrill gave an overview of the numbers for the tax assessors market value, tax capacity, • the City of Hutchinson tax levy and the tax rate. There is an increase of approximately 22% from last year's levy. This is mainly due to the state statue formula for tax capacity and the loss of state funding. Mr. Merrill showed comparison examples for homestead and commercial property using the proposed 2002 tax levy. He detailed a breakdown of where residents' tax dollars are specifically being allocated to (i.e. public safety, streets & highways, etc.). Mr. Merrill noted that commercial properties will be acquiring a new state tax as well. Mr. Merrill also detailed the cost increase for the 2002 general fund. Roger Krantz, resident of Hutchinson, commended the Council for holding this public hearing. Mr. Krantz commented that he was appalled at the lack of residents at the Council meeting. He felt that the low attendance displayed a lack of interest in residents' property taxes. Gail Plaisance, resident and business owner of Hutchinson, commented that "times are tough" with business owners, as well as the state and the city. He asked that the Council "watch" the amount of spending. Mayor Torgerson commented that it is fivstrating for the Council and city staff to set a budget when the state keeps changing the level of funding. He noted that the tax capacity was reduced by the state, although the City of Hutchinson is constantly growing and expanding. He reminded the citizens that state funding was reduced by $212,000, while other communities were receiving increases. Duane Hoversten stated that had the city received the same amount of funding from the state • as in previous years, the budgeted numbers would not be as high in the levy and general fund. He also noted that our tax levy rate would be the same as last year. 3(a) CITY COUNCIL MINUTES — DECEMBER 11, 2001 Kay Peterson also noted that due to the new state formulas on tax capacity, the Hutchinson tax capacity went down $2 million even though our actual property values went up $30 million. Mayor Torgerson stated that the more progressive Hutchinson is, the less funding it receives from the state. John Mlinar noted that there is a Board of Review that residents can attend after they have received their tax assessments. Typically, more residents are apt to attend that meeting then a public hearing such as this. Tentative numbers should be sent out to residents next week. Mayor Torgerson also noted that the school district portion of assessments will not be included on tax statements. JoAnn Yost, resident of Hutchinson, asked the Council if there is anything that citizens can do to work with state legislature in regard to the lack of funding that was give to the City. The Council urged citizens to write to the state legislature to voice their concerns. Motion by Mlinar, second by Peterson to close public hearing. Motion carried unanimously WI &V.10 Q 9DOIIND) (a) CONSIDERATION FOR ADOPTION OF 2002 TAX LEVY . Motion by Haugen, second by Peterson, to approve Resolution No. 11845, adopting the 2002 tax levy. A roll call was taken: Haugen — I; Mlinar — nay; Peterson — I; Hoversten — I; Torgerson — I. Motion carried 4 to 1. (b) CONSIDERATION FOR ADOPTION OF 2002 GENERAL FUND BUDGET John Mlinar noted that at a previous budget workshop, it was mentioned that a few items be reduced (i.e. energy costs, equipment). He asked if any of those could yet be reduced. He also noted that in the preliminary plans, a 5% increase was projected to make up the difference of the loss of $212,000 in state aid. He also commented that there seemed to be a large increase in the personnel area with insurance costs and addition of staff. Ken Merrill stated that the amount budgeted for energy costs is lower than the amount budgeted in 2001. Mr. Merrill also noted that with the Event Center being added, the city needs to be sure there are sufficient funds for fuel, electricity, etc. John Mlinar also questioned whether or not hiring could be put off for another year, as well as possibly reducing the annual market adjustment. John Rodeberg commented that the city conducted a market survey with surrounding cities and Hutchinson was placed in the average area compared to the other cities surveyed. He also commented that the increase in pay is a market adjustment to keep city employees earning average wages as those in other cities. There was further discussion in regard to the annual market adjustment. Mayor Torgerson noted that two council members were part of the wage committee that had compiled the data for the recommendation of the annual market adjustment. He felt that they had done their "homework" and carefully considered the numbers being proposed. Kay Peterson added that other cities in the market survey are granting 3.2 %, 3.4% and higher market adjustment rates NOS CITY COUNCIL MINUTES — DECEMBER 11, 2001 for their employees. She feels that if Hutchinson does not incorporate a 3% market adjustment rate, it makes us fall that much farther behind in comparison to other city's wages. Duane Hoversten explained that he feels the process used to arrive at the personnel cost increase is very acceptable. He is not in favor of the end result of the amount of the overall increase, but supports the process. Brenda Ewing presented a list of the cities used in the market analysis. On the bottom of the list, it is noted that this list will have longevity and be used again in the future for market comparisons. John Mlinar requested that the percentages of increases and reductions be configured. The percentage of decrease was figured from the preliminary numbers to the final proposed numbers for the general fund budget. Percentages were also configured for the reduction from the preliminary numbers for the tax levy proposal. Mr. Mlinar referred to the percentages that were forecasted in the Hutchinson Leader as far as increases from 2001 to 2002. He was concerned with the fact that the final numbers are in line with what was projected. Duane Hoversten noted for the listening audience that the city did reduce the preliminary budget approximately $300,000.00. He also commented that the state may have to cut more funding to cities due to the deficit. Ken Merrill noted that the City reduced the proposed tax levy amount from the preliminary amount by $383,000, which is 8 %. Motion by Peterson, second by Haugen, to approve Resolution No. 11846, adopting the 2002 general fund budget. Roll call taken: Haugen — I, Mlinar — nay, Peterson — I, Hoversten — I, Torgerson — I. Motion carried 4 to 1. (c) CONSIDERATION FOR ADOPTION OF 2002 TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY Mr. Merrill commented that this has also been reduced from the preliminary figure. Motion by Mlinar, second by Hoversten, to approve Resolution No. 11847, adopting the 2002 tax levy for special taxing district Hutchinson Redevelopment Authority. Motion carried unanimously. (d) CONSIDERATION OF REDUCING ASSESSMENTS ON TAX FORFEIT PROPERTY Ken Merrill, Finance Director, explained that a parcel of property located at 1145 Cheyenne Street SW, Lot 4, Block 6, Plaza Heights, has been tax forfeit for several years. A party has come forward that is interested in purchasing this property. This party has requested that the assessments be reduced by approximately $3000.00. By having a party purchase this property, it would put it back on the tax roll. A condition of the purchase of property would require a cash payment. Motion by Peterson, second by Hoversten, to approve the reduction of assessments on tax forfeit property. Motion carried unanimously. (e) CONSIDERATION OF AWARDING SALE OF $680,000 GENERAL OBLIGATION CAPITAL NOTES Steve Apfelbacher, Ehlers & Associates, presented before the Council. Mr. Apfelbacher explained that Stifel, Nicolaus & Company was the lowest bidder for the general obligation 3(a) CITY COUNCIL MINUTES — DECEMBER 11, 2001 capital notes. The City received an A3 rating from Moody Investments. • Motion by Mlinar, second by Peterson, to approve Resolution No. 11848, awarding the sale of $680,000 general obligation capital notes. Motion carved unanimously. (f) CONSIDERATION OF AWARDING SALE OF UTILITY BONDS Patrick Spethman, Hutch Utilities, explained that these bond rates were negotiated and the lowest rate bid was from Stifel, Nicolaus & Company. Steve Apfelbacher explained that Moody Investments rated the Utilities at an Al rating. H also explained that this is a revenue issue and revenues only will be pledged and not the tax base. Motion by Hoversten, second by Mlinar, to approve Resolution No. 11849, awarding the sale of utility bonds to Stifel, Nicolaus & Company. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF 2002 PAY PLAN Brenda Ewing, Human Resources Coordinator, explained that the pay plan is a document that needs to be approved each year. This pay plan establishes the position grades and the "step plan" for the wage increases. John Mlinar recommended that this item be acted on after the public hearing discussing the budget. Motion by Mlinar, second by Peterson, to approve Resolution No. 11842, adopting the 2002 pay plan. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF PERSONAL VEHICLE POLICY Gary Plotz, City Administrator, explained that city staff had been looking at policies pertaining to various accountability issues of city employees. This policy details policy and procedure for employees with car allowances. Motion by Peterson, second by Mlinar, to approve Personal Vehicle Policy. Motion carried unanimously. • uJ . :\eI R9111 (a) COMMUNICATIONS John Mlinar — Mr. Mlinar requested an update on the status of the Charter Commission. Mr. Plotz explained that the Charter Commission had completed a draft of the new City Charter and will be holding a public hearing the end of January for residents to raise questions and provide input. After the public hearing, appropriate changes may be made to the Charter and it will come before the Council for final approval. Gary Plotz — Mr. Plotz updated the council on the codification proposals received for the Hutchinson Municipal Code. Two proposals have been received and will need further review before Council action is taken. A committee of city staff will report to the Council at the next meeting. Mr. Plotz also reported that three proposals have been received for the position of City Attorney. Mr. Plotz is requesting that a committee be appointed to review the proposals and make a recommendation at the next Council meeting. John Mlinar, Mayor Torgerson, and Gary Plotz will serve on the committee. Mr. Plotz will appoint other city staff members to the committee. • John Rodeberg — Mr. Rodeberg reported that a resident contacted his department requesting a consideration for costs to be reduced for extensive work done under Main Street (T.H. 15) 5 CITY COUNCIL MINUTES — DECEMBER 11, 2001 during water service replacement. Mr. Rodeberg is requesting the Council grant him the ability to negotiate the final cost with this resident and bring back that negotiated cost to the Council at the next meeting for approval. Mr. Rodeberg is estimating that this resident's bill may be double of what is a normal charge. Melissa Starke, Administrative Secretary/Election Official, noted for the Council that there are state funds available in a matching grant for new voting machine equipment. Cindy Schultz, McLeod County Auditor, is completing the application process for the City and needs to have a resolution adopted in support of the grant application. Ms. Starke requested the Council adopt Resolution No. 11850. Motion by Peterson, second by Haugen, to approve Resolution No. 11850, authorizing and pledging support for voting equipment grant application. Motion carried unanimously. 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Mlinar, second by Peterson, with Hoversten abstaining, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Peterson, second by Haugen, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 7:15 p.m. 3(Q) MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 20, 2001 1. CALL TO ORDER 5:35 P.M. The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Lynn Otteson, Brandon Fraser, Jason Olsen, Jim Haugen, and Dean Kirchoff. Also present: Julie Wischnack, AICP, Director of Planning /Building/Zoning; Heather Bieniek, Planning Coordinator, and Dick Schieffer, City Attorney. Absent: Jeff Jones 2. CONSENT AGENDA Mr. Olsen moved to approve the minutes for the October 16, 2001 meeting as submitted. Ms. Otteson seconded the motion. Motion carried. 3. PUBLIC HEARINGS a.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING BUILDING LARGER THAN 1,000 SQUARE FEET FOR PROPERTY LOCATED AT 1150 13 AVE NW, AS REQUESTED BY SCOTT AND JUDY PLOWMAN. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Thursday, November 8' 2001. Ms. Bieniek presented the request and stated that staff recommended approval of the conditional use permit. Butch Eck, 1120 13'" Ave stated that he was in agreement with the CUP but if the City allowed it would it be acceptable for everyone in that area to have a large shed. Ms. Wischnack replied that every application is different and the board looks at what the use of the building would be, the location of the building, and the reason for the large building. Mr. Haugen moved to close the public hearing. Mr. Kirchoff seconded the motion. Motion to close the hearing approved unanimously. Mr. Haugen moved to approve the conditional use permit with the following conditions: 1. If any utilities would need to be moved it would be at the owners expense. 2. No outdoor storage is allowed on the property after the garage is built. 3. The height of the detached garage may not exceed 16 feet. 4. Neighboring properties may not be impacted by run-off from this structure. 5. All setback requirements must be maintained. 6. Accessory building may not be used for a home occupation. 7. The primary building must start construction within one year of the application date. Mr. Kirchoff seconded the motion. Motion to approve carried unanimously. b.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A POLE FRAME ADDITION TO AN EXISTING POLE STRUCTURE IN AN I/C DISTRICT AS REQUESTED BY BRENT REINER, LOCATED AT 805 HWY 7 WEST. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Thursday, November 8 2001. Ms. Wischnack presented the request and stated that staff recommended approval of the conditional . use permit. Mr. Kirchoff asked where the exact property line was. Ms. Wischnack replied that it is deceiving but if you look in your packet you will see the boundaries. Otto Templin owns property to the north. Ms. Otteson asked if the board should suggest an 8 foot fence. Ms. Wischnack replied that a 6 foot fence would be high enough for the material that is currently out there. LA 1a�)'i Minutes Planning Commission — November 20, 2001 Page 2 Mr. Kirchoff moved to close the hearing. Mr. Olsen seconded the motion. Motion to close the hearing carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: 1. Any relocation of utility lines would be at the owner's expense. 2. No outdoor storage is allowed on the property after the addition is built. Furthermore, a 6 foot, 100% opaque fence must be constructed north of the building within the property lines to house the remaining outdoor storage. No occupancy of the addition shall be granted until the fence is complete or the outdoor storage items are removed. 3. The building addition may be located closer than 20 feet from the property line (which is the recommended setback for this district). 4. This CUP is valid for a period of 6 months, unless an extension is granted. If not progress has been made on the construction of this addition, the CUP shall become invalid. Mr. Haugen seconded the motion. Motion to approve carried unanimously. c.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO PLACE FILL IN THE FLOODWAY AS REQUESTED BY RHONDA BURGE, 1480 HWY 7 W. Chairman Anndt opened the hearing as published in the Hutchinson Leader on Thursday, November 8 2001. Ms. Wischnack explained the request and stated that the applicant would be bringing fill into the floodplain to cover her sewer line. Ms. Wischnack stated that staff recommended denial of the request because there is another option the applicant can use for the sewer system and the fill is not necessary. Mr. Arndt asked what the elevation of the Luce Line Trail was. Ms. Wischnack replied that most if it is between 1034 -1043. Mr. Fraser asked what the cost of the ejector would be. Ms. Wischnack replied that she was not sure, that suggestion was brought up by the City Engineer. Mr. Arndt asked the applicant if the line was already installed. Rhonda Burge, applicant, stated that it was. She stated that the city would have installed it for her but they would have charged $55,000 so she hired her own contractor. She looked into the option of the ejector but found out if the electricity would go out, her sewer system would not work. Ms. Burge also stated that the wetland area has not been proven and at this moment she has not plans for re- subdividing. Mr. Amdt asked her when she bought the property. Ms. Burge replied that she purchased the lot about a year ago. Mr. Arndt asked how much fill she would be bringing in. Ms. Burge replied that she would be bringing in about 1,000 cubic yards. Mr. Kirchoff asked if the system would freeze without the fill. Ms. Burge relied that the contractor did not think it would but she wants the CUP just in case. Mr. Arndt asked if the fill would be higher than the Luce Line Trail. Ms. Burge replied that is would be about the same. Mr. Haugen asked who has jurisdiction. Ms. Wischnack replied that with the wetlands the City goes to the County hydrologist and the DNR is also notified. Mr. Schieffer commented that with wetlands it is the applicants responsibility to demonstrate that the land meets the code. He suggested the applicant get a wetland delineation report. Ms. Otteson asked how quickly could that be done. Ms. Wischnack replied that once the ground freezes it is hard to do. Mr. Olsen asked how much it would cost. Ms. Wischnack replied that for a testing range it is an hourly rate of probably around $60-75 a full delineation is a lot more expensive. Mr. Kirchoff commented that if the contractor is not concerned than why bring fill in. Mr. Kirchoff moved to close the public hearing. Mr. Olsen seconded the motion. Motion to close the hearing carried unanimously. � [a)) Minutes Planning Commission — November 20, 2001 Page 3 • Mr. Kirchoff moved to deny the conditional use permit for the following reasons: 1. There is another option for sanitary sewer service for this property without adding fill to the 100 year flood plain and the Shoreland impact area. 2. The area of fill is possibly in a wetland area. 3. The fill may promote re- subdivision of the property which should not be encouraged in this area. 4. The most recent elevation survey was conducted in 1985, prior to the home construction. More accurate survey data would assist in determining acceptable areas of fill. 5. If there is freezing of the line that occurs, the Planning Commission would reconsider the request without the payment of another conditional use permit fee. Mr. Olsen seconded the motion. Motion to deny carried unanimously. d.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 24'x12' ADDITION TO AN EXISTING BUILDING IN AN I/C DISTRICT, AS REQUESTED BY DOUG AND NANCY DWINNELL, LOCATED AT 755 HWY 7 E. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Thursday November 8 ° , 2001. Ms. Bieniek presented the request and stated that staff recommended approval of the conditional use permit for the addition. Doug Dwinnell, applicant, asked about the outdoor storage condition. Ms. Wischnack replied that it there is outdoor storage it will have to be enclosed with a fence, if he did not want a fence do not have outdoor storage. Mr. Olsen asked if staff or the applicant have heard any complaints from the neighbors. Mr. Dwinnell and Ms. Bieniek replied that they have not. Mr. Haugen moved to close the public hearing. Ms. Otteson seconded the motion. The motion to close the hearing carried unanimously. Ms. Otteson moved to approve the conditional use permit with the following conditions 1. If any utilities would need to be moved it would be at the owners expense. 2. No outdoor storage is allowed on the property after the addition is built, unless, it is enclosed by a 100% opaque fence. No occupancy of the addition shall be granted until the fence is complete or the outdoor storage items are removed. 3. The building addition may be located closer than 20 feet from the property line (which is the recommended setback for this district). The addition will be 11 feet from the northern property line and 12.5 feet from the west property line. 4. This conditional use permit is valid for a period of 6 months, unless an extension is granted. If no progress has been made on the construction of this addition, the conditional use permit shall become invalid. Mr. Haugen seconded the motion. Motion to approve carried unanimously. a.) CONSIDERATION OF A MORATORIUM ON SUBDIVISION AND REZONING REQUESTS WITHIN THE NEWLY ANNEXED AREA ALONG HWY 7 E. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Thursday, November 8 2001. CONSIDERATION OF A SKETCH PLAN FOR PROPERTY LOCATED AT LOT 1, BLOCK 2 AND LOT 2 BLOCK 1 SOUTH OF HWY 7, TO BE KNOWN AS SELTZ SUBDIVISIONS AS REQUESTED BY SELTZ'S. yla�► Minutes Planning Commission — November 20, 2001 Page 4 V Ms. Otteson stated that she would be abstaining from voting. Ms. Wischnack stated that she would discuss the two requests together since they reflect each other. She stated that staff recommended the moratorium because of the annexation and staff would like to write a new ordinance for the zoning code modeled after the C -5 area. Ms. Wischnack also stated that currently sewer and water are not available in that area. She stated that staff recommended 6 months for the moratorium but they also realize the board may be more comfortable with 3 months. Ms. Wischnack then stated that construction does not start until April or May so the moratorium would not hold up development. Ms. Wischnack commented that a lot of the information needed in the sketch plan was missing. Mr. Haugen asked staff to discuss what happened in the south side of the city when that was annexed. Ms. Wischnack replied that the development paid for the majority of the sewer and the stoplights. The roads were platted, they are not all constructed because they are phasing in development. Mr. Haugen asked if the roads were platted along the Hwy 7 development. Ms. Wischnack replied that they were not platted. Mr. Arndt asked who would draw up the plans. Ms. Wischnack replied that the city does not act as a developer. Mr. Seltz, property owner, stated that the roads have not been platted because there is no sewer. Once the rest of the property is sold they can go from there. If that is the only thing holding up the sketch plan they have a general idea so they could draw them in. Mr. Haugen asked the applicant if the best possible choice for the road is an area where the development wants to go what would you do. Mr. Seltz replied that he will talk it over with all the developers and put the roads where everyone agrees. Ms. Wischnack commented that other developers have had to deal with issues with not knowing who the buyers would be. Once the sewer and roads are aligned, they would have large lots that could later be replatted. Frank Fay, applicant, stated that the City Council approved the annexation in July and it was approved by the State of Minnesota in November. There are properties wanting to be developed, he would like the sketch plan approved so they can move on to the preliminary stage. On October 15', Mr. Fay stated that he submitted the sketch plans and at that time staff told him that was all the information that he needed. To him, (Mr. Fay) the moratorium is another delay. The annexation process has been going on for 5 years, he thinks that is a long enough delay. Mr. Fay stated that he is asking the moratorium to be rejected and the sketch plan approved. He also stated that staff has had enough time to come up with another ordinance. He had given up marketing the land until the annexation was done and now the City is telling him to wait some more. Bob Weir, owner of Yamaha sales, stated that he found out about the moratorium a few days prior and did not know why the City would ask for it because it is an appropriate place for them to open a new business. He also stated that a business takes years to build and eventually some grow out of there existing building, which is what happened to him. He has planned on relocating now for awhile, he orders product a year ahead of time. Mr. Weir than stated that he believes the moratorium does not support the businesses but if the moratorium is approved he would like the board make it short enough not to prolong development. Ms. Wischnack stated that throughout the past few months during the comprehensive plan process the discussion about gateways into the community has been a major discussion. Mr. Weir asked if pole buildings would be acceptable. Ms. Wischnack replied that currently in a C -5 district it requires a conditional use permit and the new ordinance may be modeled after something similar. Mr. Amdt asked if three months would be enough time to write an ordinance. Ms. Wischnack replied • that 6 months is normal but 3 months is acceptable. Mr. Schieffer commented that it is important to know the street layouts and land uses. It is important to plan for utilities, once development starts, it starts. Mr. Haugen moved to close the public hearing. Mr. Kirchoff seconded the motion. Motion to close the hearing carried unanimously. gLa)1 Minutes Planning Commission - November 20, 2001 Page 5 Mr. Fraser moved to approve a three (3) month moratorium with the following condition: 1. No building permits, subdivision requests, or zoning changes are allowed during this time frame. Mr. Kirchoff seconded the motion. Motion to approve a three month moratorium carried 5-0-1 with Ms. Otteson abstaining. Mr. Schieffer stated that the board should table the sketch plan until the moratorium is done. Mr. Olsen moved to table the sketch plan until the moratorium is passed. Mr. Haugen seconded the motion. Mr. Arndt stated that the sketch plan would be tabled until the March meeting. Motion carried 5 -0 -1 with Ms. Otteson abstaining. Mr. Fraser commented that when the sketch plan comes back to the board the roads she be submitted as well. Mr. Fay replied that he did not understand. Mr. Schieffer replied that the ordinance requires certain details. General discussion about what was needed for the sketch plan review. Ms. Otteson stated that she had to leave early. 4. NEW BUSINESS 5. OLD BUSINESS a.) CONSIDERATION OF A VARIANCE TO CONSTRUCT A PARKING LOT 10' FROM THE RIGHT OF WAY, AS REQUESTED BY MCLEOD COUNTY, 1065 5 AVE SE. Ms. Wischnack gave an update from what has changed during the past month. Ed Homan, applicant, stated that looking at staff recommendations he knew it was a difficult request to decide on. He would like to improve the character of the property and they also want to control access into the building. Mr. Arndt made the comment that he has seen cars parked on 5' Ave and it is dangerous, especially with young children. Mr. Kirchoff asked about the amount of occupants that are currently in the building and if the county has control over the agencies that use it. Mr. Homan replied that there are currently a number of different users; solid waste office, public health, conference room and others. The number is growing and the county does have control. Mr. Kirchoff moved to approve the variance based on the hardship that the use of the building has changed, safety of occupants, and the location of the building limits expansion elsewhere with the following condition: 1. The applicant must grant the City of Hutchinson a 10' road and utility easement. Mr. Olsen seconded the motion. Motion carried 5 -0. b.) CONSIDERATION OF AN EXTENSION FOR A CONDITIONAL USE PERMIT THAT WAS APPROVED IN JUNE, AS REQUESTED BY NGR, LLC. Ms. Wischnack stated that the applicant would like a 6 month extension. Mr. Kirchoff moved to approve the extension. Mr. Fraser seconded the motion. Motion carried 5-0. • 2. COMMUNICATION FROM STAFF 1. Tentative December agenda. 2. This will be Heather's last meeting with the Planning Commission. yC6-)11 Minutes Planning Commission — November 20, 2001 Page 6 wr is 7. ADJOURNMENT There being no further business, Mr. Haugen moved to adjourn the meeting at 7:50 p.m. Mr. Kirchoff seconded the motion. Motion carried. 0 • q La-) LA La) a. CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 19 -Dec -01 11130/01 Date Date Interest Of Of Instilufion Description Rate Purchase Maturity Amount US BANK FHLB 5.52% 311/01 9/9/04 370,000.00 Smith Barney FNMA M 5.35% 3/30/01 9122104 300,000.00 Smith Barney FHLB C 4.18% 9/19101 4111/05 750,000.00 Smith Barney Sy Cap Corp 4.180% 9/25101 4119/05 270,000.00 Smith Barney FNMA M 5.650% 6/14101 6 /14M 300,000.00 Prudential pool 336914 7.226% 1231 96 0201 2026 55,062.09 Expected life 6.2 years Smith Barney FHLB 6.245% 2/3/99 2123/09 300,000.00 Prudentail pool 336399 7.270% 1231 96 02 01 2026 69,711.90 Expected life 4.1 years Prudential Fed Home Laon 6.00% 01128/99 01 2809 200,000.00 Smith Barney FNMA pass thru 7.50% 12/20/95 06101/02 28,584.28 Prudential FHLC 6.00% 1/14/99 1/14109 385,000.00 Prudential FHL 5.63% 8/22101 2/22107 200,000.00 Call 2/18199 and therafter Marquette 5.60% 02 15 01 02 14 02 200,000.00 • Smith Barney FHLB C 4.80% 9/25/01 10/4/06 255,000.00 Smith Barney Money Market 2.11% 11/16/01 2/14/02 777,407.40 First Federal 6379 4.600% 7131101 7131/02 200,000.00 Prudential FHB 6.040% 6/4/01 12/4/06 200,000.00 Marquette 1231'305 4.680% 5/31/01 5/31/02 400,000.00 Citizens Bank 29886 5.500% 3/1/01 1/30102 1,000,000.00 First Federal 5.150% 7/12/01 7/25/02 700,000.00 Citzens Bank 29887 5.600% 2115/01 2/14/02 200,000.00 First Federal 4.950% 5110101 12/13/01 700,000.00 Marquette 2.380% 11129/01 3/28/02 400,000.00 $8,260,765.67 LA La) a. 2001 CITY OF HUTCHINSON FINANCIAL REPORT 2001 November 2000 2001 2001 2001 2001 November REVENUE REPORT - GENERAL November November MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE ERCENTAGE MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING USED TAXES 700,000.00 0.00 0.00 0.00 1,657,959.20 2,502,814.00 844,854.80 66.24% LICENSES 2,952.00 2,705.00 0.00 0.00 34,240.81 34,600.00 359.19 98.96% PERMITS AND FEES 23,401.90 25,164.59 0.00 0.00 305,256.87 245,700.00 (59,556.87) 124.24% INTERGOVERNMENTAL REVENUE 20,983.31 14,333.86 0.00 0.00 1,402,211.83 2,587,814.00 1,185,602.17 54.19% CHARGES FOR SERVICES 128,234.14 74,301.54 0.00 0.00 1,150,735.76 1,238,080.00 87,344.24 92.95% FINES & FORFEITS 6,163.55 6,126.02 0.00 0.00 56,737.48 60,000.00 3,262.52 94.56% INTEREST 927.77 3,790.00 0.00 0.00 87,594.69 60,000.00 (27,594.69) 145.99% REIMBURSEMENTS 15,133.96 (1,027.99) 0.00 0.00 55,818.65 129,175.00 73,356.35 43.21% TRANSFERS 2,400.00 322,78324 0.00 0.00 947,826.97 1,442,700.00 494,873.03 65.70% SURCHARGES - BLDG PERMITS 1,937.21 1,199.05 0.00 0.00 2,372.26 1,000.00 (1,372.26) 237.23% TOTAL 902,133.84 449,375.31 0.00 0.00 5,700,754.52 8,301,883.00 2,601,128.48 68.67% 2001 CITY OF HUTCHINSON FINANCIAL REPORT 2001 November 2000 2001 2001 2001 2001 November EXPENSE REPORT - GENERAL November November MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE ERCENTAGE J MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING USED , 001 MAYOR & CITY COUNCIL 4,430.29 2,851.41 0.00 0.00 41,648.02 60,079.00 18,430.98 69.32% 002 CITY ADMINISTRATOR 15,197.90 17,016.71 0.00 0.00 192,848.45 216,077.00 23,228.55 89.25% 003 ELECTIONS 3,135.65 5,625.06 0.00 0.00 6,329.28 7,416.00 1,08632 85.35% 004 FINANCE DEPARTMENT 28,575.51 20,346.16 0.00 0.00 322,143.22 359,991.00 37,947.78 8949% 005 MOTOR VECHICLE 10,005.32 13,110.53 0.00 0.00 177,519.05 192,170.00 14,650.95 92.38% 006 ASSESSING 0.00 0.00 0.00 0.00 35,756.00 36,000.00 244.00 99.32% 007 LEGAL 12,333.05 174.44 0.00 0.00 79,775.31 107,810.00 28,034.69 74.00% 008 PLANNING 7,702.57 8,702.18 0.00 0.00 142,970.12 151,060.00 8,089.88 9484% 009 INFORMATION SERVICES 4,908.13 7,321.77 0.00 0.00 76,038.90 91,775.00 15,736.10 82.85% 110 POLICE DEPARTMENT 170,827.35 192,088.26 0.00 0.00 1,887,566.40 1,965,973.45 78,407.05 96.01% 111 SCHOOL LIAISON OFFICER 6,995.95 1,420.12 0.00 0.00 49,150.32 119,273.00 70,122.68 41.21% 115 EMERGENCY MANAGEMENT 11.24 9.24 0.00 0,00 4,900.01 4,750.00 (150.01) 103.16% 116 SAFETY COUNCIL 250.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 120 FIRE DEPARTMENT 9,147.73 14,327.12 0.00 0.00 259,256.79 343,948.00 84,691.21 75.38% 130 PROTECTIVE INSPECTIONS 8,546.30 11,459.12 0.00 0.00 128,880.33 178,399.00 49,518.67 7224% 150 ENGINEERING 28,483.76 36,712.41 0.00 0.00 392,933.85 401,576.00 8,644.15 97.85% 152 STREETS & ALLEYS 44,137.43 76,057.16 0.00 0.00 676,847.26 745,793.00 68,945.74 _ 90.76% 153 MAINTENANCE ACCOUNT 12,448.72 12,033.28 0.00 0.00 182,846.40 281,133.00 98,286.60 65.04% 160 CITY HALL BUILDING 12,273.63 7,523.65 0.00 0.00 133,369.57 122,051.00 (11,318.57) 109.27% 201 PARK/RECREATIONADMINISTRA 10,732.96 11,602.90 0.00 0.00 156,573.83 174,549.00 17,975.17 89.70% 202 RECREATION 7,395.98 7,260.03 0.00 0.00 198,357.39 216,409.00 18,051.61 91.66% 203 SENIOR CITIZEN CENTER 6,585.38 5,590.35 0.00 0.00 80,223.54 109,192.00 28,968.46 7347% 204 CIVIC ARENA 26,791.42 26,661.26 0.00 0.00 246,317.99 246,587.00 269.01 99.89% 205 PARK DEPARTMENT 45,975.78 48,793.55 0.00 0.00 708,544.42 770,252.00 61,707.58 91.99% 206 RECREATION BUILDING & POOL 5,847.75 3,557.97 0.00 0.00 89,934.53 103,982.00 14,047.47 &6.49% 207 EVENTS CENTER 0.00 0.00 0.00 0.00 12,866.17 37,770.00 24,903.83 34.06% 250 LIBRARY 4,822.22 874.56 0.00 0.00 114,795.63 123,170.00 8,374.37 93.20% 301 CEMETERY 13,883.24 7,464.45 0.00 0.00 148,600.68 100,895.00 (47,705.68) 147.28% 310 DEBT SERVICE 0.00 0.00 0.00 0.00 25,186.15 27,871.00 2,684.85 90.37% 321 TRANSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 320 AIRPORT 4,088.38 1,631.39 0.00 0.00 117,086.94 98,669.00 (18,417.94) 118.67% 350 UNALLOCATED GENERAL EXPEN 83,912.65 5,210.42 0.00 0.00 615,941.36 907,011.00 291,069.64 67.91% TOTAL 589446.29 545,425.50 0.00 0,00 7,305,207.91 8,301,633.45 996,425.54 88.00% 2001 98,562.05 CITY OF HUTCHINSON FINANCIAL REPORT 0.00 0.00 1,208,397.92 1,344,429.00 (n November 2000 2001 256,016.27 0.00 2001 2,329,753.85 2,612,343.45 282,589.60 89.18% REVENUE REPORT - GENERAL November November MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE ERCENTAGE 87.69% Parks & Recreation MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING USED 90.00% Miscellaneous 88,001.03 14,306.26 0.00 0.00 1,021,610.76 1,257,616.00 236,005.24 81.23% �- TAXES 700,000.00 1,657,959.20 0.00 0.00 1,657,959.20 2,502,814.00 844,854.80 66.24% LICENSES 2,952.00 34,240.81 0.00 0.00 34,240.81 34,600.00 359.19 98.96% PERMITS AND FEES 23,401.90 305,256.87 0.00 0.00 305,256.87 245,700.00 (59,556.87) 124.24% INTERGOVERNMENTAL REVENUE 20,98131 1,402,211.83 0.00 0.00 1,402,211.83 2,587,814.00 1,185,602.17 54.19% CHARGES FOR SERVICES 128,234.14 1,150,735.76 0.00 0.00 1,150,735.76 1,238,080.00 87,344.24 92.95% FINES & FORFEITS 6,163.55 56,737.48 0.00 0.00 56,737.48 60,000.00 3,262.52 94.56% INTEREST 927.77 87,594.69 0.00 0.00 87,594.69 60,000.00 (27,594.69) 145.99% REIMBURSEMENTS 15,133.96 55,818.65 0.00 0.00 55,818.65 129,175.00 73,356.35 43.21% TRANSFERS 2,400.00 947,826.97 0.00 0.00 947,826.97 1,442,700.00 494,873.03 65.70% SURCHARGES - BLDG PERMITS 1,937.21 2,372.26 0.00 0.00 2,372.26 1,000.00 (1,372.26) 237.23% TOTAL 902,133.84 449,375.31 0.00 0.00 5,700,754.52 8,301,883.00 2,601,128.48 68.67 General Govt. 98,562.05 86,751.16 0.00 0.00 1,208,397.92 1,344,429.00 136,031.08 89.88% Public Safety 195,778.57 256,016.27 0.00 0.00 2,329,753.85 2,612,343.45 282,589.60 89.18% Streets & Alleys 85,069.91 95,614,09 0.00 0.00 1,252,627.51 1,428,504.00 175,876.49 87.69% Parks & Recreation 122,034.73 92,737.72 0.00 0.00 1,492,817.87 1,658,741.00 165,923.13 90.00% Miscellaneous 88,001.03 14,306.26 0.00 0.00 1,021,610.76 1,257,616.00 236,005.24 81.23% TOTAL 589,446.29 545,425.50 0.00 0.00 7,305,207.91 8,301,633.45 996,425.54 88.00% • BOARD OF DIRECTORS MEETING —November 20, 2001 Hospital — Conference A/B — 5:30 PM Present Chairperson, Bob Peterson; Vice Chairperson, Steven Snapp; Secretary; Wayne Fortun; Duane Hoversten, Trustee; Paulette Slanga, Trustee; Pastor Randy Chrissis, Trustee; Dr. Jim Allen, Chief of Staff/ Trustee Others Present Phil Graves, President; Linda Krentz, Bums Manor Nursing Home Administrator; Robyn Erickson, Care and Program Support Services Division Director; Pam Larson, Finance, Information and Material Services Division Director; Jane Lien, Acute Care Programs and Services Division Director; Pat Halverson, Community Care Programs and Services Division Director; Doug Hanneman, Editor Hutchinson Leader; Jim Lyons, Administrator, Hutchinson Medical Center; Lori Wightman, Vice President of Operations, Allina Regional Health Services; Rickie Ressler, Division Vice President, Allina Regional Health Services, Jim Lammers, Facility Planning Services; John Mitchell, Health Care Futures; Betty Stras, Foundation Director; and Corrinne Schlueter, Recorder. The meeting was called to order at 5:44 PM. I. Minutes of Past Meeting. The minutes of the October 16, 2001, meeting were presented and discussed. Following discussion, motion was made by Hoversten, seconded by Chrissis to approve the minutes of the September 18, 2001, meeting. All were in favor. Motion carried. H. Medical Staff Meeting Minutes and Credentialing Dr. Allen provided a report on the recent Executive Committee Meeting. The following practitioners were recommended for membership to the Medical Staff. Initial: Yelena Usmanove, MD - Neurology - Michelle Quale, CNM - End of Provisional Period: - Reappointments: • Michelle Finke, PA Albert Lira, MD Hilary Sandall, MD Patricia Olson, PA -C John Gray, MD David Hurrell, MD Family Practice Psychiatry Internal Medicine Cardiology Active/Provisional Allied Health/Provisional Allied Health Dependent Active Active Allied Health Independent Courtesy Courtesy gta)q Board of Directors' Meeting — November 16, 2001 • Page two Thomas Ibacb, MD Radiology Active . Michael Merck, MD Ophthalmology Active James Mona, DO ER Active Stacy Nichols, MD Psychiatry Active Dean Nissen, MD Family Practice Active Cris Remucal, MD General Surgery Active Christopher Wallyn, DO Ophthalmology Active Voluntary Resignations: Timothy Myers, MD Radiology Courtesy John Coppes, MD OB /GYN Active Robert Jacoby, MD Neurology Courtesy Following discussion, motion was made by Snapp, seconded by Chrissis, to grant membership and privilege to the above listed practitioners, as recommended by the Executive Committee of the Medical Staff. All were in favor. Motion carried. Graves briefly discussed the Chief of Medical Staff election process. The Medical Staff • By Laws allow for the current Chief of Staff to serve a one -year extended time period (three years total) if agreed upon by the Medical Staff Executive Committee and Board of Directors of HAHC. The Executive Committee has recommended to you that Dr. Allen's current term be extended by one year. He has indicated his willingness to spend a third year as Chief of Staff. Following discussion, motion was made by Hoversten, seconded by Chrissis, to adopt the recommendation of the Medical Staff Executive Committee and extend the term of the current Chief of Staff by one additional year. All were in favor. Motion carried. III. New Business. A. Closed Meeting Dialogue. John Mitchell, from Health Care Futures, was at the meeting to present an update on the negotiations with BIue Cross; Choice Plus, and Medica. Because of the confidential nature of the third party payer contracts and negotiations, it is recommended that a portion of today's board meeting be closed. Following discussion, motion was made by Hoversten, seconded by Chrissis to hold a "closed session" at the end of the board meeting in order to receive information regarding 3 nd party payer contract negotiations. All were in favor. Motion carried • q(a)q Board of Directors' Meeting — November 16, 2001 • Page three B. Flex Plan Approval. Erickson reported that some changes were made this last year in Section 125 of the Internal Revenue Code which will require us to adopt another resolution for our Section 125 plan. We use a third -party administrator from the Twin Cities for this plan. This resolution provides for premium conversion benefits, health care reimbursements benefits and dependent care reimbursement benefits. With this resolution, we are able to make changes throughout the year. Following discussion, motion was made by Chrissis, seconded by Fortun to adopt the Resolution, amending our section 125 plan (see attached). All were in favor. Motion carried. C. Five Year Board Terms Graves reported the Charter Commission is asking for input regarding current term limits for HAHC trustees. The members are currently eligible to serve two consecutive four -year terms. The board has seven trustees, including the hospital's chief of staff, a city council member, and five trustees who are appointed from the community. Switching terms to five years would enable the board to stage the terms of the appointed trustees so that no more than one would expire each year. Graves also reported Hutchinson Utilities board members currently serve five -year terms. • Following discussion, motion was made by Chrissis, seconded by Slanga to recommend to the Charter Commission that the terms of HAHC appointed trustees be changed from four to five years. All were in favor. Motion carried. D. Air Handling Units at the Plaza. Graves reported the Mall Manager, has recommended we replace an air handling system at the Mall over the Discount 70 rental space. The service company reports the current system is running on "borrowed time" and repair parts are not available. Estimated cost of the units is approximately $30,000. • Following discussion, motion was made by Snapp, seconded by Chrissis to authorize the bidding of two new air - handling units to replace the system that supports Discount 70. All were in favor. Motion carried. E. Mc Leod County Contract Approval. Graves and Halverson presented the McLeod County Contracts, which include Outpatient Chemical Dependency, Community Support Program, Outpatient Mental Health Services, and Adult Day Treatment. • q La)q Board of Directors' Meeting— November 16, 2001 • Page four The Community Support Program is the equivalent of home care. John Mitchell, from Health Care Futures, provided input on how much less significant the McLeod County Contract is in relationship to the overall business of Mental Health. The portion that is paid directly from the county, and not passed through the county from the state, is fairly insignificant. • Following discussion, motion was made by Hoversten, seconded by Fortun to enter into the Mental Health Service Contracts with McLeod County for the fiscal year 2002. F. Vulnerable Adult Policy. Krentz reported that no substantiated complaints of vulnerable adult cases had been reported to the state on behalf of clients served by Hutchinson Area Health Care's adult day services program. We are required to provide this report to the board on an annual basis. • The report was received for information purposes and no specific action was taken. • V. Organizational Reports 1. President — Nothing further to report. 2. Acute Care Programs and Services - Lien reported on the three patient deaths, in the State, resulting from the knee surgery. The Department of Health has stopped all knee surgeries through November 26` The investigation, by the State, has been inclusive. We have examined our knee cases and have called all patients with recent knee cases. No adverse reactions have been noted. 3. Care and Program Support - Nothing further to report. 4. Community Care - Nothing further to report. 5. Finance Information & Material Services - Nothing further to report. 6. Resident Care Report - Nothing further to report. Patient Safety and Quality Committee Report. Graves reported the Division Service Team has met with Renee Schmitz, our Quality Consultant. The day was spent on quality education for the Senior Leadership group as well as considering a new structure for the Quality support processes at HAHC. Allina Management Report Rickie Ressler and Lori Wightman were in attendance. Ressler introduced Wightman, as the new Regional Services Vice President. She has been working at Allina for 2 -1/2 weeks. • `- (a) LI n LJ Board of Directors' Meeting— November 16, 2001 Page five Ressler reported that Allina is cooperating with the Department of Health regarding the knee surgery problem that was recently identified within two hospitals in the State. Additionally Allina continues the search for a new CEO. Wightman also reported the contract between HAHC and Allina expires in December of this year. She will provide a "report card" at December's meeting on Allina's service to Hutchinson over this contract period. Accounts Payable. The accounts payable and cash disbursements were presented for payment. • Following discussion, motion was made by Snapp, seconded by Fortun, to approve the accounts payable and cash disbursements as listed in the amount of $1,517,565.98. Five were in favor. Hoversten abstained. Motion carried. • • Statistical Report. Graves presented the statistics for the month of October 2001. Financial Reports. Larson provided the financial report for the month of October 2001, which showed the net income was $570,942 compared to a budget of $254,335. Auxiliary Meeting Minutes. No unusual comments were made. Adjournment. Motion was made by Chrissis, seconded by Hoversten, to adjourn the meeting. All were in favor. Motion carried. Respectfully submitted, 44-�� A Corrine Schlueter Recorder Wayne Fortun Secretary • RESOLUTION NO. 1185 RELEASING PLEDGED SECURITIES FROM MARQUETTE BANK GOLDEN VALLEY HUTCHINSON OFFICE WHEREAS, Marquette Bank Golden Valley Hutchinson Office a city depository, has requested the release of the following security under the collateral agreement with the City of Hutchinson: SECURITY AMOUNT MATURITY Berwyn ILL 86257FW7 235,000.00 12 -01 -03 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to release said security. Adopted by the City Council this 21st day of December 2001. • Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 0 yUb)� CITY OF HUTCHINSON STAFF REPORT • To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Christie Rock, Jean Ward, John Rodeberg, John Webster, John Olson, Dick Schieffer, Lenny Rutledge, Barry Greive, Mark Schnobrich, Heather Bieniek, Steve Madson, Dick Nagy, and Julie Wischnack, AICP Date: December 6, 2001 — Meeting Date: December 18, 2001 Applicant: James Brown and Bonita Cox, applicant Mark Fratzke, property owner CONDITIONAL USE PERMIT Brief Description The applicant would like to open a retail / office use building in an industrial / commercial district, where Redman Travel was previously located. There are no permitted uses in an I/C district, new businesses are allowed by a conditional use permit. The applicant would like to open a repair and upgrading computer business that also sells software. SPECIAL INFORMATION Transportation: Access would not change • Parking: There is adequate parking on the lot. The size of the office space that will be used is 730 square feet. Chapter 10 of the city code states there should be 5 parking spaces for every 1,000 square feet. There are 4 cc-)) GENERAL INFORMATION Existing Zoning: I/C — Industrial Commercial Property Location: 255 Hwy 7 E Lot Size: .333 acres 14,501 square feet Existing Land Use: Vacant- used to be Redman's Travel Adjacent Land Use And Zoning: R -2 to the west and C -4 to the east Comprehensive Land Use Plan: Commercial Zoning History: N/A Applicable Regulations: Section 8.13 SPECIAL INFORMATION Transportation: Access would not change • Parking: There is adequate parking on the lot. The size of the office space that will be used is 730 square feet. Chapter 10 of the city code states there should be 5 parking spaces for every 1,000 square feet. There are 4 cc-)) Conditional Use Permit Brown / Cos Planning Commission — December 18, 2001 is Page 2 3 paved stalls in the front of the building and about 5 or 6 in the rear that are unpaved Analysis and Recommendation: Staff would recommend that the Conditional Use Permit be approved, provided the following conditions are met: 1. This conditional use permit is valid for a period of 6 months, unless an extension is granted. If the business has not been started with in that time frame the conditional use permit shall become invalid. 2. If the use of the building is changed another conditional use permit must be obtained. Cc: James Brown, PO Box 415 Fairfax, MN 55332 Bonita Cox, 105 5 St. N # 15, Brownton, MN 55312 Mark Fratzke, 710 North High Drive NW, Hutchinson, MN 55350 • is LA Cc:)l �}{ �d t ° ne w y , fl re f ` 1 - w y , fl re f ` n u Conditional Use Permit- UC District James Brown and Bonita Cox 0 is Hutchinson City Center 11 0 DATE: December 18, 2001 171 Arian Street SE Hutchinson, h1A' 55350 -2522 320 - 587- 51511fas 320 - 2344240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A COMPUTER UPGRADING, REPAIRING, AND SOFTWARE STORE IN AN INDUSTRIAL /COMMERCIAL (I /C) DISTRICT, AS REQUESTED BY JAMES BROWN AND BONITA COX, LOCATED AT 255 HWY7E. Pursuant to Section 8.13 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 conditional use permit. HISTORY On November 20 2001, James Brown and Bonita Cox submitted an application for a conditional use permit to operate a computer business in an I/C district. A new business is not allowed to open and operate in the industrial/commercial district unless a conditional use permit is issued. FINDINGS OF FACT The required application was submitted and the appropriate fee paid. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on December 6'", 2001. At the public hearing held, no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit with the following conditions: 1. This conditional use permit is valid for a period of 6 months, unless an extension is granted. If the business has not started with in that time frame the conditional use permit shall become invalid. 2. If the use of the building is changed another conditional use permit mist be obtained. Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission • cc: Mark Fratzke, property owner Bonita Cox, applicant James Brown, applicat Pnmed on rt ycled papa - LA LC-) ) 0 RESOLUTION NO. 11851 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO OPERATE A COMPUTER UPGRADING, REPAIRING AND SOFFWARE STORE IN AN INDUSTRIAL /COMMERCIAL (I /C) DISTRICT, AS REQUESTED BY JAMES BROWN AND BONITA COX, LOCATED AT 255 HWY 7 E. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mark Fratzke, property owner and James Brown and Bonita Cox, applicants, have made an application to the City Council for a Conditional Use Permit under Section 8.13 to open a computer upgrading, repairing, and software store in an I/C district with the following legal description: See Attached (in file folder) 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 is in harmony with the general purpose and intent of the • Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: This conditional use permit is valid for a period of 6 months, unless an extension is granted. If the business has not started with in that time frame the conditional use permit shall become invalid. If the use of the building is changed another conditional use permit mist be obtained. Adopted by the City Council this 21 s t day of December, 2001. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 40) 0 0 • C Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 320.587- 5151/Fax 320 - 234 -4240 TO: Mayor and City Council FROM: Melissa Starke, Administrative Secretary SUBJECT: Approval of State Premises Permit Renewals DATE: December 19, 2001 The State of Minnesota Gambling Control Board requires that local governments approve the applications of local non - profit organizations to operate gambling control devices on a year - round basis in area establishments. Two non - profit organizations, Crow River Sno Pros and Hutchinson Hockey Association, have applied for such permits with the State. The Crow River Sno Pros operate a pull tab booth at Best Western Victorian Inn and the Hutchinson Hockey Association operates a pull tab booth at Flyers/Hi Tops Bar & Grill. Both of these organizations have held such permits from the state for several years and are in good standing with the Gambling Control Board. Ponied an recycled paper - y Memorandum 0 TO: Mayor and City Council FROM: Melissa Starke, Administrative Secretary DATE: December 21, 2001 SUBJECT: Additional License Renewals for 2002 The following businesses /organizations have submitted applications and payment for 2002 licenses: 2002 LICENSE RENEWALS Bingo Licenses 1. Elks Lodge Commercial/Recycling Haulers 1. Waste Management Taxi Cabs 1. Quality Transportation Inc. Tobacco Licenses 1. Budget Mart (Twin Cities Avanti Stores) 2. Erickson Freedom Station #13 3. Erickson Freedom Station #48 4. Little Crow Bowling Lanes/Hutch Bowl 5. Main Street Sports Bar 6. Pipe Dreams y L�� I City of Hutchinson FEE: o� APPLICATION FOR GAMBLING DEVICES LICENSE Approved by. Building Fire _ Application shall be submitted at Police least _ days prior to the Gambling ocdasion I, lbu / � JC' !�� � AND I, d & 1 Name of Authorized Officer of Nam of Designated Gamblin Organization Manager Hereby submit in duplicate this application for a license to conduct the game of gambling in accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes 7pr 349 for the)license yea ending Si atu �Z� � '✓ Ytut or'zed �f�iter of Organization sitna d Gamb ng Manager of organization n � I A. The following is to be completed by of the organization: , 1. True Name: duly authorized officer (last) ( (� dle) 2. Residence Address: �J G'I r r Y lG`'��� (street / ) ' (city) (s /y te) (z, ) 3. Date of Birth: �� `�T 4 Place of Birth{ (mo /day /year) (cit /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No L- If Yes, explain B. The following is to be completed by the o de ignated gambling manager of organization: I�� a 1. True Name: ` • (last) _ (f 7mid de) 2. Residence Address: (street (city) (state) o(Aip) , 3, Date of Birth: 4. Place of Birth: ��( /� % l r 1 (mo /day /year (city %state) y C-0 5. Have you ever been convicted of Py crime other than a • traffic offense? Yes No . If yes, explain _ 6. How long have you been a member of the organization? _ r5 7. Attach a copy of the official resolution or official actin designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used 2. Date or dates gambling devices will be used (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From A.M. To A.M. P.M. P.M. 4. Maximum number of players 5. Will prizes be paid in money or merchandise? 6. Will refreshments be served during the time the gambling devices will be used? Yes No If so, will a charge be made for such refreshments? Yes NO D. Organization Information: 1. Address where regular meetings re 2. Day and time of meetings 3. Is the applicant organization organized under the laws of the State of Minnesota ? Yes No 4. How long has the organization been in / 4a. How many members in the organization? �� J 5. What is the purpose of the organization? 6. Officers of the Organization: Na a Address Title Y P S / l �_ %Tr�� 7. Give names of officers or any other persons paid for services to the organization: Name Address Title u (f) 1 • D. Organization Information: .(Continued) 8. In whose cu 't99dy 1 } I org�zation records be kept? Name � �{ r%l�l /U 7� Address 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer and Policy No. 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? 11. Attach a list o all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company 2. Address of bonding company 3. Amount and duration of bond 4. Application is hereby made for waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitte Also, I have received from the City of Hutchinson a copy of th Ci y Ordi n e No. 655 relating to gambling, and I will familiarize ys )w�th the u vnts thereof. - ^ ute, p4 oriicer or organ3+za Date: Subscribed and sworn to j�yy��(\ ,me a n Lary public on this �� day of �Ornn n ' U1011.N .Le SignaturY of Notary Public Commission expires on 1 -()(a Subscribed and sworn to before me a notary public on this 19 Signature of Notary Public Commission expires on MELISS�A: ARKE NOTARY PU SOTA .r W Came. 91, day of `1 (k) CITY OF HUTCHINSON MEMO Finance Department December 19, 2001 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: AIRPORT MAINTENACNE CONTRACT Each year the City of Hutchinson receives funding from the State of Minnesota for airport maintenance and operation. The contract for 2002 is a matching grant up to $19,520 a $4,000 increase from 2001. The city far exceeds this 2/3 matching grant maximum. I would request approval of the attached Grant Agreement for Airport Maintenance and Operation 81856 for 2002. H: \DOC \City council memo l.dcc 1] �11g) Rev. 5100 Mn/DOT Agreement No. 81856 GRANT AGREEMENT FOR AIRPORT MAINTENANCE AND OPERATION This Agreement is by and between the state of Minnesota acting through its Commissioner of Transportation ( "State "), and the City of Hutchinson ( "Municipality"). WHEREAS, the Municipality desires the financial assistance of the State for maintenance and operation of the Hutchinson Municipal Airport and WHEREAS, the State is willing and authorized by Minnesota Statutes Sections 360.015 and 360.305 to provide financial assistance to the Municipality for its airport. NOW, THEREFORE, it is agreed as follows: This Agreement is effective upon execution by the Municipality and the State, and will remain in effect forthe State fiscal years 2002 and 2003. 2. The Municipality agrees to the limits of State cost participation based upon a formula using runway infrastructure costs. The Municipality has reviewed the runway infrastructure costs assigned to its airport as provided by the State and agrees the costs accurately reflect the infrastructure in place. 3. If paint striping of the airport is a part of this agreement as identified in the runway infrastructure costs, the State will contract for the periodic paint striping of the airport runways and taxiways. The Municipality agrees to the runway infrastructure deduct assigned as its share of airport paint striping. The Municipality agrees to cooperate with the marking . operation. 4. The Municipality will keep the landing area and the area around the lights mowed. The grass will be mowed at least 7 feet beyond the lights, and at no time will the grass exceed 6 inches in height on the landing area. 5. If the airport is to remain operational during the winter months, the Municipality will keep at least one landing area, associated taxiway, and apron area cleared of snow and ice to the same priority as arterial roads. Snow banks will be kept down so that aircraft wings will clear them, and landing strip markers and/or lights will remain visible. 6. The airport must pass periodic inspections performed by a representative of the Office of Aeronautics for compliance with the rules of the Department of Transportation and for compliance with this Agreement. If the airport is not so maintained, then no reimbursement will be made hereunder. 7. The State will reimburse the Municipality for 2/3 of the direct, actual maintenance and operation costs not reimbursed by any other source, not to exceed a base amount of $ 19.520.00 of State aid for each State fiscal year. 8. The State will reimburse the Municipality for 2/3 of all expenses associated with registration and attendance to maintenance training functions, including the Minnesota Airport Symposium, not to exceed a supplemental amount of 5 300.00 of State aid for each State fiscal year. 9. The Municipality will submit a breakdown of its incurred costs to the Director, Office of Aeronautics, on forms supplied by the Office of Aeronautics. In any and all events, costs must be submitted to the Director, Office of Aeronautics, on or before August 1 for each State fiscal year ending June 30. No requests received after Au ug st 1 for the preceding State fiscal year will be honored by the State. The State reserves the right to reject items that may not be eligible for • reimbursement, and reimbursement may be denied entirely if the airport is not properly maintained in accordance with this Agreement. q Igo 10. The Municipality has established a zoning authority for the airport, and such authority has completed, or is in the process of and will complete, with due diligence, an airport zoning ordinance in accordance with Minnesota Statutes Section 360.061 to 360.074. 0 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by4yinn. �S pr §§ 16A.15 and 16C.05. By: Date. e Z -cal / MAPS Order No. 6 e / J 2. MUNICIPALITY Municipality certifies that the appropriate person(s) have executed the agreement on behalf of the Municipality as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: MUNICIPALITY'S SIGNATURE ACKNOWLEDGMENT This instrument was acknowledged before me this day of by and (Name) (Name) the (Name of Municipality) L J [Notary Seal] 3. MINNESOTA DEPARTMENT OF TRANSPORTATION Date: 2001, (Title) (Title) NOTARY PUBLIC My Commission Expires: Director, Office of Aeronautics y�5� x w w Code of Ordinances Proposal for Hutchinson, MN L -m-C Laagua o�Mimwrola Cilear Citiar prumoGng a League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103 -2044 Duke Addicks, LMC Special Counsel and Codification Attorney (651) 281 -1221 < tQ� ■ 4 LEAGUE OF MINNESOTA CITIES AND" AMERICAN LEGAL PUBLISHING CORPORATION PROPOSAL FOR HUTCHINSON, MINNESOTA �1n:3���rarr� .art �l�r�y 1) Letter 2) Qualifications and Experience Key Personnel Profile 3) References and League Affiliations 4) Proposal Form and Proposed Agreement 5) Sample Code Style 6) Folio VIEWS Search & Retrieval Computer Program 7) Sample Legal Report 9/01 V CL) 1I LMC L g.e of M;...of. Gdiw C,ew promoe:wg eaxw�onm 145 University Avenue West, St. Paul, MN 55103 -2044 Phone: (651) 281 -1200 • (800) 925 -1122 TDD (651) 281 -1290 LMC Fax: (651) 281 -1299 • LMCTT Fax: (651) 281 -1298 Web Site: http: / /www.hnne.org I December 4, 2001 Hutchinson, MN 55350 Re: Recodification of Code of Ordinances Dear Mr. Merrill: Enclosed is the League of Minnesota Cities' recodification proposal. As part of the League's Codification Services Program, American Legal Publishing who is the codification consultant to the League, will assist the League by performing the editorial and publishing aspects of the codification project, while the League's Codification Attomeywill conduct a comprehensive legal review on the code. Although your current code is 225 pages, our estimate is based on 450 pages (without zoning) due to the number of ordinances passed since the last codification. As part of the codification services, American Legal can computerize your code of ordinances for easy searching with Folio VIEWS. Folio gives you complete and instantaneous access to every section, word, and reference in the code. Additionally, Folio allows each user to customize his or her version by creating a shadow file with color and style highlights, bookmarks, notes, and pop -up links without affecting the original text. They also offer LaserFiche document imaging program for meeting minutes. In future years, new ordinances can be easily added to your code with American Legal's code supplement services, and the League offers an ordinance review service for supplements. Also, when you need a model ordinance, simply call the League. We welcome the opportunity to help manage your municipal documents. Should you have any questions about the proposal, please call me. Sincerely, DUKE ADDICKS, LMC Special Counsel and Codification Attorney I AN EQUAL OPPORTLiNrIY /AFFIRMA7rVE ACTION EMPLOYER $ Ca\ Ken Merrill, City Finance Director City of Hutchinson 111 Hassan Street, S.E. Hutchinson, MN 55350 Re: Recodification of Code of Ordinances Dear Mr. Merrill: Enclosed is the League of Minnesota Cities' recodification proposal. As part of the League's Codification Services Program, American Legal Publishing who is the codification consultant to the League, will assist the League by performing the editorial and publishing aspects of the codification project, while the League's Codification Attomeywill conduct a comprehensive legal review on the code. Although your current code is 225 pages, our estimate is based on 450 pages (without zoning) due to the number of ordinances passed since the last codification. As part of the codification services, American Legal can computerize your code of ordinances for easy searching with Folio VIEWS. Folio gives you complete and instantaneous access to every section, word, and reference in the code. Additionally, Folio allows each user to customize his or her version by creating a shadow file with color and style highlights, bookmarks, notes, and pop -up links without affecting the original text. They also offer LaserFiche document imaging program for meeting minutes. In future years, new ordinances can be easily added to your code with American Legal's code supplement services, and the League offers an ordinance review service for supplements. Also, when you need a model ordinance, simply call the League. We welcome the opportunity to help manage your municipal documents. Should you have any questions about the proposal, please call me. Sincerely, DUKE ADDICKS, LMC Special Counsel and Codification Attorney I AN EQUAL OPPORTLiNrIY /AFFIRMA7rVE ACTION EMPLOYER $ Ca\ 4 THINGS TO REMEMBER WHEN COMPARING PROPOSALS • Does the company have a decrease clause if the final number of pages in the code is less than estimated? • Does the company have attorneys review your code, or are they using 'legal editors "? • Will they send you the legal report with the draft of the code so you can compare them — or do they wait until after you have reviewed the draft before writing the report, which puts the burden of research on you? • Did they send you a sample of one of their Legal Reviews? • Can they guarantee completion of your code project in 10 months or less? • Can they provide your code in Folio VIEWS Version 4 Search & Retrieval Program, or are they using an older version? And, can they provide training and phone support for Folio? • Did they include a demonstration disk of Folio 4 with their proposal? 4 J 4 J I y I va) QUALIFICATIONS AND WORK EXPERIENCE The League of Minnesota Cities proposes to work in conjunction with its Codification Consultant, American Legal Publishing Corporation, to perform this project for the City of Hutchinson. The League's codification attorney will conduct the legal research for the project and will conduct all in- person conferences for the project. American Legal Publishing will perform the editorial and printing work for the project. American Legal Publishing Corporation began as the codification division of the Anderson Publishing Company of Cincinnati in 1934 and became a separate corporation in 1979. The editorial support staff consists of over 20 experienced editors skilled in the multiple disciplines required in providing codification services: editing, computer operation, proofreading and indexing. Our typical editor is a college graduate with a degree in English, Journalism, or Law. Today, American Legal has over 1,400 local government clients across the nation, ranging in size from Dallas and Austin, Texas, Cincinnati, Ohio and Albuquerque, New Mexico to cities with populations under 1,000. American Legal is also the publisher of the International Municipal Lawyers Association Model Ordinance Program and serves as the Association's official information management consultant. The League of Minnesota Cities has provided quality codification services to over 100 member cities during the last decade. This joint effort between LMC and ALP will allow Mendota Heights to have the best of both worlds utilizing American Legal's codification expertise and the League's vast experience with Minnesota law and Minnesota local government. The primary contact person for this project will be Duke Addicks, Special Counsel and Codification Attorney with the League of Minnesota Cities. American Legal's project coordinator will be Ray Bollhauer, Staff Attorney. The only work which is subcontracted is the printing of code binders and tab dividers. 4 4 N 4 St4) I 1 I I I I I I 0 I I I KEY PERSONNEL LEAGUE OF MINNESOTA CITIES: DUKE ADDICKS B.A. and J.D., University of Minnesota Graduate, National Legal Officers College, U.S. Air Force Acadamy M.A., United Theological Seminary of the Twin Cities Serves as the League's Special Counsel and Codification Attorney and oversees codification contracts, conducts legal research, and presents training and educational programs for city attorneys and city officials. He writes the Handbookfor Minnesota Cities and updates the Model City Code. Mr. Addicks has practiced municipal law for over 35 years and has represented local governments before the Minnesota State Legislature and Congress and the Supreme Courts of Minnesota and the United States.. He has served the League for over 15 years in numerous capacities including as Legislative Counsel, Director of Intergovernmental Relations and Director of Member Services. AMERICAN LEGAL PUBLISBIPTG: STEPHEN G. WOLF - PRESIDENT J.D., University of Cincinnati College of Law B.B.A., Management, University of Cincirmati Current City Attorney of an Ohio city, and former Mayor Eighteen years with American Legal Publishing CYNTHIA A. POWELEIT - EDITOR -IN-CHIEF J.D., Salmon P. Chase College of Law, Northern Kentucky University B.A., English, Denison University Responsible for editorial scrutiny, thoroughness and accuracy 1 � (0) �. RAY G. BOLLHAUER - J.D., University of Cincinnati College of Law - B.A., Economics, University of Cincinnati - Former Trustee and Past President of local Council - Program Coordinator for League of Minnesota codification program and League of Wisconsin Folio program KELLY J. DINGUS J.D., University of Kentucky College of Law Masters, English, University of Utah; B.A., English, University of Kentucky Eight years with American Legal Publishing CHRISTI G. BAUNACH J.D., University of Louisville, Cum Laude B.A., Political Science, University of Louisville, Cum Laude Judicial Internship, Supreme Court of Kentucky TODD MYERS J.D., University of Cincinnati College of Law B.A., Criminal Justice, University of Cincinnati Manager of Supplemental Services lc � City of Rushmore PO Box 227 Rushmore, MN 56168 Contact: Gloria Long Clerk- Treasurer (507) 478 -4338 Other clients: Apple Valley, Battle Lake, Brooten, Buhl, Caledonia, Cambridge, Centerville, Clarissa, Columbia Heights, Corcoran, Crookston, Eagle Bend, Fergus Falls, Grygla, Hector, Janesville, Kettle River, LaCrescent, Lindstrom, Lonsdale, Mayer, Melrose, Menahga, Milaca, Montrose, Newport, North St. Paul, Ortonville, Perham, Preston, Princeton, Roseau, Stewartville, St. Michael, St. Peter, Thief River Falls, Thomson, Warroad, Waseca, Watkins, Waverly, Wayzata, Winnebago and Worthington. I %to'� REFERENCES` City of Brooklyn Park 5200 85th Avenue N. Brooklyn Park, MN 55443 Contact: Joan Schmidt City Clerk (763) 493 -8180 City of Benson 1410 Kansas Avenue Benson, MN 56215 Contact: Robert Wolfington, City Manager (919) 894 -3553 City of Hinckley PO Box 366 Hinckley, MN 55037 Contact: James Ausmus, Clerk- Administrator (320) 384 -7491 City of Maynard 321 Mabel Street Maynard, MN 56260 Contact: Kathleen Howard, Clerk- Treasurer (320) 367 -2140 City of Rushmore PO Box 227 Rushmore, MN 56168 Contact: Gloria Long Clerk- Treasurer (507) 478 -4338 Other clients: Apple Valley, Battle Lake, Brooten, Buhl, Caledonia, Cambridge, Centerville, Clarissa, Columbia Heights, Corcoran, Crookston, Eagle Bend, Fergus Falls, Grygla, Hector, Janesville, Kettle River, LaCrescent, Lindstrom, Lonsdale, Mayer, Melrose, Menahga, Milaca, Montrose, Newport, North St. Paul, Ortonville, Perham, Preston, Princeton, Roseau, Stewartville, St. Michael, St. Peter, Thief River Falls, Thomson, Warroad, Waseca, Watkins, Waverly, Wayzata, Winnebago and Worthington. I %to'� N, N AMERICAN LEGAL PUBLISHING CORPORATION American Legal Publishing is proud of its relationship as consultants to the following organizations: INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION (IMLA) LEAGUE OF CALIFORNIA CITIES 1400 K Street Sacramento, CA 95814 Contact Helen Marshall Membership Services Rep. (916) 658 -8231 100 Connecticut Avenue N.W. N 902 Washington, D.0 20036 Contact: Rodney Willett Staff Attomey (202) 466 -5424 OHIO MUNICIPAL LEAGUE 175 South Third Street, Ste. 510 Columbus, OH 43215 Contact Susan J. Cave Executive Director (614) 221 -4349 LEAGUE OF CALIFORNIA CITIES 1400 K Street Sacramento, CA 95814 Contact Helen Marshall Membership Services Rep. (916) 658 -8231 INDIANA ASSOCIATION OF CITIES & TOWNS 150 West Market Street Indianapolis, IN 46204 Contact Jane Seigel • General Counsel (317) 237 -6200 LEAGUE OF MINNESOTA CITIES 145 University Avenue West St. Paul, MN 55103 -2044 Contact Duke Addicts Special Counsel (651) 281 -1200 LEAGUE OF WISCONSIN MUNICIPALITIES 202 State Street, Ste. 300 Madison, WI 53703 -2215 Contact Curt Wrtynski Legal Counsel (608) 267 -2380 TEXAS MUNICIPAL LEAGUE 1821 Rutherford Lane, Suite 400 Austin, TX 78754 Contact Susan Horton General Counsel (512) 719 -6300 NORTH CAROLINA LEAGUE OF MUNICIPALITIES P.O. Box 3069 Raleigh, NC 27602 Contact Andrew L Romanet General Counsel (919) 834 -1311 KENTUCKY LEAGUE OF CITIES P.O. Box 22736 Lexington, KY 40507 Contact William A. Thielen General Counsel (606) 277 -2886 ILLINOIS INSTITUTE FOR LOCAL GOVERNMENT LAW P.O. Box 5094 Springfield, IL 62705 Contact Thomas Kelty, Jr. General Counsel (217) 528-7000 MICHIGAN MUNICIPAL LEAGUE 1675 Green Road Ann Arbor, MI 48106 -1487 Contact John A. OXeefe Associate Director (313) 662 -8083 INDIANA ASSOCIATION OF CITIES & TOWNS 150 West Market Street Indianapolis, IN 46204 Contact Jane Seigel • General Counsel (317) 237 -6200 LEAGUE OF MINNESOTA CITIES 145 University Avenue West St. Paul, MN 55103 -2044 Contact Duke Addicts Special Counsel (651) 281 -1200 LEAGUE OF WISCONSIN MUNICIPALITIES 202 State Street, Ste. 300 Madison, WI 53703 -2215 Contact Curt Wrtynski Legal Counsel (608) 267 -2380 TEXAS MUNICIPAL LEAGUE 1821 Rutherford Lane, Suite 400 Austin, TX 78754 Contact Susan Horton General Counsel (512) 719 -6300 NORTH CAROLINA LEAGUE OF MUNICIPALITIES P.O. Box 3069 Raleigh, NC 27602 Contact Andrew L Romanet General Counsel (919) 834 -1311 KENTUCKY LEAGUE OF CITIES P.O. Box 22736 Lexington, KY 40507 Contact William A. Thielen General Counsel (606) 277 -2886 ILLINOIS INSTITUTE FOR LOCAL GOVERNMENT LAW P.O. Box 5094 Springfield, IL 62705 Contact Thomas Kelty, Jr. General Counsel (217) 528-7000 PROPOSALFORM It �J :7 I City Finance Director City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Re: 2 3. RFP for Recodification of Hutchinson Municipal Code The undersigned Proposer agrees to negotiate, at the option of the City, a contract for the recodification of the Hutchinson Municipal Code, based upon the City's RFP and the response contained therein. Insert the name, address, telephone number, fax number, e-mail and other pertinent information of the Proposer. . Duke Addicks, Special Counsel League of MN Cities 145 University Ave., W. St. Paul, M - ax addicks@lmnc.org S tf Attached Ray Bollhauer, Staff Attorn American Legal Publishing 432 Walnut Street, 12th Fl. Cincinnati, OH 45202 80 0/445 -5588; Fax 513/763 -3' rbollhauer@aml.egal.com e orth by separate, attached exhibit all information the Proposer expects the City to consider concerning the qualifications of the Proposer. 4. It is specifically required that the Proposer identify and state the qualification and experience of the person providing legal advice and services to the Proposer under the proposed contract. Duke Addicks - Special Counsel to League of MN Cities; J.D. Univ. of MN;drafter of Handbook for Minnesota Cities; 35 years experience in municipal law practice in Minnesota. 5. Set forth the proposed starling date and completion date for the recodification. Start date: when city sends materials to publisher - complete draft within 7 months; complete final printing 3 months after city finishes review of draft and legal re o Set forth the costs, to the City, of the p including any options being proposed. recodification proposed in this response, Provide any additional information the Proposer deems appropriate. League of MN Cities & Amer. Legal Pub. Na nip of Proposer /2- IIS-,/ '' � Date Sign ture and Title i CODIFICATION SERVICES AGREEMENT December 4, 2001 The City of Hutchinson, Minnesota ( "City's and the League of Minnesota Cities and its codification consultant, American Legal Publishing Corporation, (jointly known as " Codifier'), agree as follows: 1. THE CODIFIER SHALL: (1) Examine the City's prior code of ordinances and all ordinances or resolutions provided by the City which have been passed since the last codification, and determine which materials are to be codified. (2) Classify all materials into titles, chapters, and sections, according to subject matter. (3) Update all provisions to reflect current statutory and case law requirements. (4) Simplify language where appropriate to effect uniformity of style and to convert to gender neutral language wherever possible. (5) Suggest new provisions which the City should consider including in the new code, and delete old provisions which are no longer necessary or which might be improper or unlawful. (6) Organize the code in an easy to use manual which utilizes a numbering system that allows for the easy insertion of future ordinances. (7) (a) Prepare title, chapter, and section headings. (b) Prepare a legislative history for each section, citing the ordinance number and date of passage, as indicated on copies of ordinances supplied to the Codifier. (c) Prepare a table of contents and sectional analysis for each chapter. (d) Prepare an index (which will be created after the first draft of the Code is submitted). (8) Within seven months of the execution of this contract and return of code questionnaire and prior code and new ordinances by the League, submit to the city a draft of the code with a legal report prepared by the League's Codification Attorney. (9) When the City either returns to the League its answers to the legal report with any additional comments about the draft, or completes the legal conference, it shall be deemed authorization by the City to the Codifier to finish editing and publish the code in final form. Any further changes, additions, or deletions shall be made in the future supplements to the code in.accordance with paragraph I1I (3) of this Agreement. (10) Within three months of receipt of authorization as indicated in paragraph (9), the Codifier will deliver one camera ready printed copy of the code meeting the following specifications (or 30 copies as an option): (a) Type to be single or dual column, at the option of the City. (b) Page size to be 8%" x 11 ", printed on one side of paper. (c) Binders and divider tabs will not be provided unless requested as an optional service. 1 Page 1 of 5 ��� J 4 4 4 (11) Deliver to the City a sample ordinance that can be used to adopt the new code. In addition, upon request, the Codifier will provide a copy of the completed code on computer disk in WordPerfect or Microsoft Word compatible at no additional charge. H. THE CITY SHALL: (1) Provide clear copies of all materials necessary to perform the codification, including ordinances, City Charter and a copy of any previously published code of ordinances. (2) After receipt of the draft and legal report described in paragraph I (8), the City shall have 60 days to review the draft and report and to return to the League its answers to the legal report. In the alternative, if the City opts for the legal conference described in paragraph I11 (1), it must contact the League's Codification Attorney within 60 days to set up a meeting date. The meeting, itself, need not occur within the same 60 day period. If the City fails to either return its comments and answers to the legal report within 60 days or, if applicable, to set up a meeting date, the City may request that the League extend the deadline in writing. The League may adjust the contract price to cover any increased costs due to the City's delay. (3) Pay to the League as follows: a) The sum of $10,975 for codification excluding zoning and subdivision ordinances, or b) The additional sum of $3,615 for codification of zoning and subdivision ordinances. The sum is payable as follows: 1b $500 down payment due upon acceptance of this agreement; 60% of the balance upon receipt of the first draft and legal report; The remaining balance upon receipt of the printed code books. 4 4 4 4 4 (4) The base price above is based upon a code of the following number of pages according to the format option of the City. Should the final number of code pages exceed or be less than the estimate by more than 5 %, the base price will increase or decrease accordingly at the time of final invoice: FORMAT NUMBER OF PAGES DECREASE OR INCREASE 8 %2" x 11" 450 pages without zoning Single-column page 660pages with zoning $18 per page beyond 5% 8'/2" x 11" 360 pages without zoning Dual - column page 530 pages with zonin $22 per page be and 5% (5) Pay any invoices within 30 days of the invoice date. Invoices outstanding beyond the 30 day period shall be subject to a late payment equal to 1.5% of the unpaid balance per month, or part thereof. I Page 2 of 5 � C4) III. OPTIONAL SERVICES. The City, by the initials of the person signing the agreement on its behalf, chooses the following options: INIT (1) Legal Conference The Codification Attorney of the League will meet with City representatives to review the draft of the code and legal report. The cost for this service is $75 per hour plus travel expenses (including meals and lodging expenses), not to exceed $400 per meeting, and is in addition to the base contract price. There is no additional charge for phone conferences and meetings at the League's office. (2) Code Format Print style (circle one): Single - column or Dual - column (3) Three Year supplemental service plan For a period of three years after delivery of the code: (a) The Codifier shall: r 1. Incorporate into the code new pertinent ordinances submitted by the City. 2. Revise or make additional entries to the table of contents and index as necessary to reflect the incorporation of additional, changed or deleted material. 3. Within 45 days, deliver to the City 30 printed copies of supplemental pages with an instruction sheet for directing the placement of the new pages in the code. (b) The City shall: 1. Provide a copy of ordinances or resolutions passed subsequent to publication of the previous code supplement; 2. Pay to the Codifier the sum of $18 per single column page or $22 per dual column page which is re- printed for the supplement. (c) Upon completion of the three -year period, this agreement shall automatically renew itself from year to year except that either party may alter or cancel the terms of this agreement at any time upon ninety days written notice. (d) League's ordinance review service (optional): The League's codification attorney will: 1. Review all ordinances submitted for a code supplement for legal conformity to state statutes and pertinent court cases. 2. Inform the city of state legislative changes and court cases affecting provisions of their code. 3. Charge the city $75/hour for review up to a maximum of $750 per year. I Page 3 of 5 g 1 Q (4) Binders: Three -ring binders (2'h ") with city name in gold lettering ($20 each): # (5) 30 Additional Copies of Code The City may purchase 30 additional copies of the code at $1,012 (no binders) without zoning, or $1,485 if zoning is included in the code. (6) Code on Computer Disk ON At no additional charge, the Codifier will provide the code on computer disk in one of the following formats (circle one): WordPerfect or Microsoft Word compatible* *Editing of the code will be in WordPerfect which may be opened in MS Word. (7) Folio 4 Search and Retrieval program (a) The codifier shall provide the City's code in the Folio format on diskette or CD with complete instructions and one copy of a manual for $595, or $ -- with zoning. Additional CD's are $10 each + $50 license fee: # CDs (b) Supplements of Folio $1.95 /page* ( *page refers to printed supplement page) 0 7 Zoning Code Minimum Charge per supplement: Subdivision Annul update $195 All Land Use Regulations Update every 6 months $150 each (c) Additional License Fees for a one -time fee of $50 each: Order: # of additional licenses (d) Optional On -Site Installation & Training at $695/day + Travel Expenses: (e) Code on the Internet (after Folio conversion) at $200 per year: (8) Pamphlets (a) Pamphlets, sized for 8 %a" x 11" copy, containing component parts of the Code, with a cardstock cover, may be ordered: (circle desired topic and insert number of copies): Traffic /General Offenses Code # of copies 0 7 Zoning Code # of copies Subdivision # of copies All Land Use Regulations # of copies Other # of copies Page 4 of 5 gIC-) 1 4 (b) Cost: 1 -50 copies of pamphlet— .075 per printed page 51 -99 copies of pamphlet — .070 per printed page 100 or more copies of pamphlet — .065 per printed page (c) Optional 3 -ring binders ($15 each) IV. TRANSMITTAL AS OFFER: The transmittal of this Agreement to the City is an offer by the Codifier to perform the stated services at the terms referenced within the Agreement. This offer will expire if not executed by the City by March 1, 2002, unless such date is extended in writing by the Codifier. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date(s) indicated: LEAGUE OF MINNESOTA CITIES AND CITY OF HUTCHIN'SON, MINNESOTA AMERICAN LEGAL PUBLISHING BY BY TITLE TITLE DATE DATE IN THE PRESENCE OF: IN THE PRESENCE OF: g(C-) j 4 01 CG Times 12 point CHAPTER 71: TRAFFIC REGULATIONS Section General Provisions 71.01 Speed limit in city alleys 71.02 Operation of motor vehicles on unpaved public or private property prohibited Motorcycles; Motor Scooters and Motor Bikes 71.25 Safety helmet or headgear required 71.26 Operator's permit required 71.99 Penalty Cross - reference: Speed limits on designated streets, see Chapter 76, Schedule I Citations for traffic and parking violations, see §§ 71.150 through 71.157 GENERAL PROVISIONS § 71.01 SPEED LIMIT IN CITY ALLEYS. (A) For purposes ofthis chapter an ALLEYshall mean every street or way within a block, which is set apart for public use, vehicular traffic and local convenience. ('72 Code, § 34-4) (B) No person shall drive a motor vehicle upon any alley in the city at a speed in excess often miles per hour. ('72 Code, § 34 -5) (Ord. 2087, passed - - ;Am. Ord. 0- 87 -72, passed 12- 23 -87) Penalty, see § 71.99 §71.02 OPERATION OF MOTOR VEHICLES ON UNPAVED PUBLIC OR PRIVATE PROPERTY PROHIBITED. (A) It shall be unlawful for any person to operate a motor vehicle, as defined by the Florida Uniform Traffic Control Law, F.S. Chapter 316, as maybe amended from time to time, on any unpaved public property, or on any paved or unpaved shoulder of a public road. a CG Times 11 point CHAPTER 71: TRAFFIC REGULATIONS Section § 71.02 OPERATION OF MOTOR VEHICLES ON UNPAVED PUBLIC OR PRIVATE General Provisions PROPERTY PROHIBITED. 71.01 Speed limit in city alleys 71.02 Operation of motor vehicles on unpaved public or private property prohibited Motorcycles; Motor Scooters and Motor Bikes (A) It shall be unlawful for any person to operate a motor vehicle, as defined by the Florida Uniform Traffic Control Law, F.S. Chapter 316, as may be amended from time to time, on any unpaved public property, or on any paved or unpaved shoulder of a public road. 71.25 Safety helmet or headgear required 71.26 Operator's permit required 71.99 Penalty Cross - reference: Speed limits on designated streets, see Chapter 76, Schedule I Citations for trajic and parking violations, see §§ 71.150 through 72.157 GENERAL PROVISIONS (B) It shall be unlawful for any person to operate a motor vehicle on any unpaved private property, not owned by the operator or his immediate family, without the express written consent of the owner, lessee, tenant or other person entitled to possession and use of such premises; said written consent to be carried on the operator's person. (C) The foregoing provisions shall not apply to the following: (1) A licensed and franchised public utility in the conduct of its business; (2) Any federal, state or local governmental agency; 0 ' IF §71.01 SPEED LIMIT IN CITY ALLEYS. (A) For purposes of this chapter anALLEYshall mean every street or way within a block, which is set apart for public use, vehicular traffic and local convenience. ('72 Code, § 344) (B) No person shall drive a motor vehicle upon any alley in the city at a speed in excess of ten miles per hour. ('72 Code, § 34 -5) (Ord. 2087, passed - - ; Am. Ord. 0- 87 -72, passed 12- 23 -87) Penalty, see § 71.99 (3) Any licensed emergency vehicle; (4) Any situation where such operation is necessary to avoid collision with other traffic; (5) Where such operation is in compliance with other laws or the directions of a law enforcement officer or official traffic - control devices. ('72 Code, § 34 -13) (Ord. 0- 73 -51, passed 6- 27 -73) Penalty, see § 71.99 0 9 AM ERICAN LEGAL Publ stling Corporation wtuRa YOUR DocUME� FOLIO VIEWS" SEARCH & RETRIEVAL PROGRAM: Folio VIEWS is a computer program into which we can convert your code of ordinances and other municipal documents. It allows you to instantly search your documents by simply typing in any word or number you want to find throughout your documents. We can put your documents on computer disk or CD. LASERFICHE MEETING MINUTES PROGRAM: We can convert your Council meeting minutes and other municipal documents that will not be edited in the future into LaserFiche — the document imaging program. The image duplicates the document exactly as it appears in print. Your minutes will become instantly searchable, saving you valuable time and effort from digging through hundreds of pages to find a single mention of an item discussed years ago. INTERNET SERVICE: Once your code is converted into Folio ® , we can place it on our Intemet home page — www.anilegal.com — to give your residents easy access to it. If your municipality currently has its own home page, we can build a link between our home page and yours. 5 For a free demonstration disk or to find out more about our OF "a DOCOS, exciting advances in municipal document imaging, v� call Ray Bollhauer at (800) 445 -5588 AMERICAN LEGAL PUBLISHING SERVES AS THE CODIFICATION CONSULTANT TO THE LEAGUE OF MINNESOTA CITIES � Cam) I. AMERICAN LEGAL PUBLISHING CORPORATION' Below is information on Folio VIEWS 4, the computer search and retrieval program American Legal offers. Folio VIEWS allows you to create electronic text as well as access any section, word, or reference in that text (i.e. your code or meeting minutes) instantaneously. Folio can operate in Windows and Macintosh formats. Folio also provides you with a complete word index. Every word in your code is catalogued. Over 500 commercial publishers have made Folio Views their choice in publishing over 2,000 different titles. With Folio you can conduct searches by word, phrase, section number, date, or anything you want. You can also perform stem searches when you are not sure of the ending of the words you want to find (e.g. go% = going, gone, went, etc.) proximity searches (e.g. find "penalty within 5 words of jail "), and more. You can also do searches by title, chapter, table of contents, and in multiple infobases (such as in the Code of Ordinances, Charter, Council Minutes, and anything else in the Folio format) at the same time. Additionally, Folio allows each user to customize his or her version by creating a shadow file with color and style highlights, bookmarks, notes, and pop -up links within the text without affecting the original text. This program has been recognized by the computer industry to be the leader in search and retrieval. In a review of computer programs in an issue ofPCMagazine, Folio VIEWS was said to be 'fast, flexible, and rock solid. It imported files that made other programs crash, and made virtually every step of creating and using an infobase simple and enjoyable. You'll need very convincing reasons for choosing anything else. " American Legal Publishing can provide your Code and other material in Folio on computer disk and CD. X[a� SAMPLE SEARCHES IN FOLIO: Search Result Example ofFindings 21 years of age finds every paragraph in the 1) 21 years of age code in which 21 and the words: 2) age of 21 years ears, of, age E pear "21 years of age" finds only the exact phrase "21 1) 21 years of age ears of age" 21 or 18 years of age finds every place where either 1) 21 years of age 21 years or 18 years of age 2) age of 21 years appears in the code 3) 18 years of age 4 age of 18 years 1121 18 " @5 finds every place in the code 1) anyone between the age of where 21 and 18 appear within 18 to 21... five words of each other 2) the prior age of majority of 18 has been changed to 21 go% finds all words which are 1) go variations 2) gone 3) going 4 went good$ finds synonyms 1) good 2) advantage 3) benefit 4 usefulness council* finds all words beginning with 1) council "council" 2) council's 3) councilman 4) councilwoman 5 councilmember JUMP LINKS - when clicked on, they will take you directly to another section of the code. For example, clicking on the link Penalty, see § 70.99 (underlined and in green) following a section, will take you directly to that penalty section. SHADOW FILE (customized by the user; secures integrity of main data): Shadow files allow each user to highlight phrases in the computer version of the code for emphasis just as can be done with aprinted version ofthe code. Each user can also add personal notations to the code which do not affect the actual text of the code. %LCD AMERICAN LEGAL PUBLISHING CORPORATION Folio VIEWS 4 Windows minimum platform: IBM 486 (Pentium® recommended) with hard drive and 12 MB RAM recommended for Windows 95 or Windows NT. IBM VGA or EGA display capability. Windows 95 or higher. 28 MB hard disk space recommended for full program options (2.5 MB for the Folio Builder, 6.5 MB for filters, 5 MB for code of ordinances, and 8 MB for complementary infobase, dictionary, and tutorial files). g lG) SAMPLE LEGAL REPORT To: doEllen Thacker, Ass't to City Administrator, City of Fergus Falls 12 West Washington, Fergus Falls, MN 56538 -0868 Phone (218) 739 -2251. Fax (281) 739 -0149. From: Duke Addicks, Special Counsel, League of Minnesota Cities 145 University Ave. W., St. Paul, MN 55103 -2044 Phone (651) 281 -1221. Fax (651) 215 -4121. E -mail addicks @lmnc.org Date: November 22, 1999. Re: Editorial/Legal Report on your Draft City Code What follows below in table form is the editorial/legal report on the draft city code that is being sent to you under separate cover directly from our codification consultant American Legal Publishing Corporation. American Legal has taken the code book and ordinances you submitted and organized them into this code, making various technical changes including making the language gender neutral, clarifying confusing language and so forth. You should receive your draft code within a few days after receiving this memo. Please review this editorial/legal report with your city council, city attorney and others in your city. It contains suggestions for improving your code and also questions about the issues that I have identified. There may also be changes you want to make to the draft of this code at this time that -4111 be included in the published code. We have replaced some of the parts of your old code with League model ordinance language. And, as indicated in several of the notes in the table below, some other sections of your code are out of date and you may wish to consider replacing them with League model language. This model language which is not included already in the draft code can be found in the "Appendix: Model Provisions For City Consideration," which follows the table. After your city has reviewed the code and this report, it may be advisable for me to come to your city to meet with your city officials. Provision is made for this legal conference in the contract under III(1) Optional Services. Sometimes this visit will save a lot of time and reduce the need for considerable correspondence and phone calls. We can discuss this after you review the report. What follows beginning on page two is a table containing the suggestions I would make to improve your code, the issues that you need to respond to before the code can be completed, and the model language you may wish to consider. g (0-) Please let me know if the changes suggested are acceptable, or, if a question is asked, please provide the information needed. Your response to the issues anc concerns raised below, any additional material you wish to be included in your code, and any changes in addition to the ones I suggest should be sent to me in a written memorandum and on a disk that contains the memorandum and additional language. We prefer to get all of the changes to your existing code together at one time so that the next draft of the code will be the final draft which will be published, unless there are technical changes or typographical errors that must be corrected. SECTION SUGGESTIONS OR QUESTIONS Throughout The city indicated that it wished to retain the original numbering system and style. This has been complied with. However, we have made the following improvements: 1. We use the § symbol instead of the word "section ". 2. We use our regular format for the statutory references. 3. We use our definition style for consistency. The old code was not consistent in its treatment of definitions. 4. We followed our systems of divisions (A)(1)(a)l for consistency since the old code had different systems in different places. 5. Subchapter headings were added for some chapters for clarification. 6. Gender neutral language was used. 7. All penalty sections refer to the general penalty at 1.99, instead of stating the penalty in various places throughout the code. S. We use our standard rule for ordinance histories, that is the original ordinance plus the three most recent amending ordinances, and the histories are placed at the end of the sections instead of throughout the code as was the case in the old code. As you read through your code, please let me know if these changes are appropriate or whether they can be improved. Your charter is not included in this code, as charters are normally not codified in Minnesota. Is this acceptable? We can insert it in its present form as an appendix to the code if the city wishes to do so. Please advise. Throughout Adoption of statutes by reference. Whenever a statute or rule is cited, after the citation the words "as it may be amended from time to time" will be added. This or similar language does in some places throughout your old,code and is retained in the draft. But I suggest that for the sake of uniformity the above phrase be used instead and will so instruct the editors at ALP 'VC) SECTION SUGGESTIONS OR QUESTIONS when they prepare the final draft of your code However, under the state law which authorizes cities to adopt laws and rules by reference, M. S. § 461.62, there is some controversy over whether, if, when a rule or law is adopted in an ordinance or code, future amendments to the law or rule are or can also be included. The Attorney General is of the opinion that future amendments to laws and rules can not be adopted by reference because at the point of time when an ordinance is enacted or a code is adopted, the governing body has no knowledge what future amendments to state laws and rules will be. However, in drafting codes, I always include the language "as they may be amended from time to time" after a citation to a statute or rule to at least attempt to include future amendments in the adoption of a law or rule by reference. But I do want to point out that even including this language may not be effective to adopt future amendments to laws and rules. Thus, in my annual report to codification clients, I will suggest that each year the city adopt a brief ordinance stating that "any amendments to a rule or statute adopted by reference in the city code sball be included by reference in the code as if the amended statute or rule had been in existence at the time the code was adopted." Throughout Should the terra "Chief of Police" should be changed to "Chief of Public Safety" to be consistent with the provisions of § 2.06? Please advise. Chapter 1 This is the League's model General Provisions Chapter, which we Include in every code. They have been inserted here instead of old code Chapter 1. The general penalty, referred to in #7 of the first paragraph, is from the League's model. Please review these new general provisions and let me know if they are acceptable. Chapter 2 We placed subcbapter headings throughout this chapter for clarity, but have not changed any section numbers. There are several sections reserved for future use in this chapter that we have retained. Is this acceptable? 2.07 The League has a model emergency management ordinance required by the 1996 legislative enactment. I am enclosing the model in the Appendix: Model Ordinances for City Consideration. Please have the gg SECTION SUGGESTIONS OR QUESTIONS Chief of Public Safety compare the model with the provisions contained in this section of your code to determine if there is anything in the model that should be added. 2.20 to 2.37 Do all of these boards and commissions still exist? On the questionnaire returned with the ordinances, it is indicated that the Board of Gas and Oil Examiners no longer exists. Should that section be deleted? Are there other sections which should be deleted? 2.20(E) All boards and commissions are subject to the open meeting law provisions, including notice provisions for special meetings. Often these boards and commissions are not aware the open meeting law, gift law, data practices act, and other provisions which apply to city councils also apply to boards and commissions. Should these provisions of the open meeting law be referenced here? In most of the sections creating specific boards and commissions, no specific reference to meetings is made. In other places in the code specific board and commission meetings are provided for, such as at 2.22(D); 2.23(D); 2.25(0); 2.36(E). 2.24(C)(1) r The citations should be corrected to read M. S. § 626.84 to 626.852. 2 2.32(A) Our editor changed the phrase in your old code from "Town Board of Fergus Falls" to "City Council of Fergus Falls ". Was this correct? Is there a Town of Fergus Falls? 2.40 The League recommends that employment policies not be adopted by ordinance or codified. This is for liability purposes. Policies adopted by ordinance are binding on the council and it can not make exceptions to them in specific situations except by ordinance. I suggest that this section be deleted and (B) be adopted as a policy by motion or resolution. The council can do (A) without any specific authorization. Please advise what the city wishes to do with this section. 2.51(B)(2) Concerning special meetings, even though this section provides for a special meeting without written notice to councilmembers, there still must be 72 hours written notice to the media, under the Open Meeting Law. M. S. 471.705, Subdivision Ic(b). 2.51(B)(3) Emergency meetings are permitted under the Open Meeting Law. Concerning emergency meetings, the Council should be aware that these provisions should be used only rarely and only in the case of a true emergency, not just if some urgent business needs to be taken care of. Only the items pertaining to the emergency may be acted �(a) SECTION SUGGESTIONS OR QUESTIONS upon at an emergency meeting. Notice must be given to the news media as provided in the Open Meeting Law. Violations of the Open Meeting Law have serious consequences for the individual members of the council, and improperly closing meetings and holding emergency meetings to conduct business which is only urgent but not an emergency are two very common violations which get councilmembers into serious difficulty. 2.63(A)(3) The law authorizing immediate sale of abandoned motor vehicles more than seven years of age, M.S. § 168B.05, was repealed by Laws 1995, Ch. 137, § 13. Thus, your subparagraph (3) should be deleted and reference to it in (4)(a) deleted as well. The procedures in 4(a) are the only way authorized by state law for the disposal of abandoned vehicles. I am enclosing in the Appendix: Model Ordinances for City Consideration, our model Abandoned Automobiles Ordinance which you may wish to compare with your provisions to determine if there are items in our model ordinance which you may wish to add to your code. 2.64(B) Mention of the notice requirements to hold special meetings is made in this paragraph. Does the city, wish additional language to make It clear that the Open Meeting Law, including notice provisions, applies to Council Committees? 2.67(A) We did not codify your 1998 ordinance establishing council salaries. Instead we inserted language permitting the setting of salaries by the council. However, the words "resolution or Council recommendation" should be deleted, as council salaries can only be set by ordinance as provided by M. S. § 415.11. Do you want us to include the current salaries in the code. When they are changed, the code would have to be amended. Perhaps it would be better to just have them established by uncodified ordinances rather than incur the cost of amending the code. Please advise. 2.74 This section should be replaced by the League's Model Right of Way ordinance, either the short form or the long form. These ordinances and other information are contained in the Appendix: Model Ordinances for City Consideration. Also, portions of your Charter concerning franchises may conflict with the provisions of Laws 1997, Ch 237. If the city needs more specific legal advice on this issue, please contact me. Please advise what the city would like to do. 2.75(E) The governing body of a port authority is required to operate under the Open Meeting Law. Should that law be referenced here? 5 OI.Q-) gto,) E TION SUGGESTIONS OR QUESTIONS 2.75(B) In the definition section, certain statutes are referenced. Please see my note at the beginning of this table concerning adoption of statutes and rules by reference. 2.82(D) The citation to M. S. Chapter 118 is outdated. That cha7repealed repealed in 1996 and replaced by M. S. Chapter 118A, be cited here. Likewise, M. S. §§ 471.56 and 475.66 wer 1996 and their provisions were incorporated into M. S. Therefore, the citations in (D) will be deleted and replac Chapter 118A. 298(G) I suggest adding the words "and this code" after "statutes" at the end of the first sentence. 2.98(H) Even though compliance with the administrative penalty process is voluntary on the part of the persons charged with administrative offenses, I would suggest that the penalties be adopted by uncodified ordinance rather than by resolution. I believe a home rule charter city may establish an administrative penalty process like the one in your code, but many judges and legislators disagree so I would advise caution when designating criminal type offenses as administrative offenses. 3.02 Rates and charges should be established by ordinance, which does not need to be codified, since there are sanctions for non - payment of these fees and since these services are otherwise regulated by ordinance. Publication of an ordinance notifies the users what the amounts of the fees are. Due process should also be followed when setting or amending rates and charges. A general notice should be given and the public given an opportunity to be heard. 3.03 The word "state's" will be relplaced with "State ". 340(B)(4) Rather than placing all of the standard water availability charges here, which were contained in old code § 3.40, Subd. 2(D), we have placed them in a table in the Appendix at the end of this chapter. Is this acceptable? Please advise. 3.41(0) Special assessments can not exceed the benefit to the property. Benefit is measured only by the increase in market value to the property as a result of the improvement. The city may not wish to include this measure of benefit in this paragraph,.but it should be aware of it when assessing property. gto,) SECTION SUGGESTIONS OR QUESTIONS 3.41(Q) Provision should be made to use some of these revenues for a "sinking fund" to pay for future construction costs due to increased requirements for cleaner water, notably the upcoming requirements for water purity in relation to arsenic and radon. Please advise if the language should be changed to permit this use. 3.60 The definition of BUSINESS HOUSES is confusing to me. What are "living quarters ". How is this different from RESIDENCES as defined in this section? Should these terms be modified somehow? if the location within or without fire zone is the difference, where is fire zone defined? Please advise. 3.70(.1) Concerning discontinuance of utility service, the city should be aware of the "cold weather rule ". The "cold weather rule" Is contained in M. S. § 216B.097 which reads as follows: "No service of a residential customer shall be disconnected if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 15 and April 15, the customer has declared inability to pay on forms provided by the city, the household income of the customer is less that 185 percent of the federal poverty level as documented by the customer to the city, and the customer's account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule. The city shall, between August 15 and October 15, of each year, notify all residential customers of these provisions." Does the city wish to include these provisions in its code? Please advise. 3.88(C) Throughout this part of the code, reference is made to various schedules, such as "Schedule A, Schedule B, etc. What are these schedules? How are they adopted? Are these in the schedule and rates to be adopted by the council mentioned in (D). Are they in the Administrator's office. These schedules need to be clarified. Please advise. 3.91(B) In the definition of SIGNIFICANT INDUSTRIAL USER, the citation in (3) is incorrect. "M. S. § 307" will be deleted and "Section 307(a) of the Act (33 USE 1317(a)" inserted. 4.07 License fees should be established by ordinance rather than resolution. The ordinance does not need to be codified. Since these businesses are regulated by ordinance the fees they pay should be 7 (?zc-) SECTION SUGGESTIONS OR QUESTIONS regulated by ordinances as well. I would suggest that this section be changed by authorizing fees to be set by ordinance, instead of by resolution. Although state law does not require a notice and hearing on changes to business license fees, other than liquor licenses, the city may wish as a courtesy to mail written notice and provide a hearing before increasing any business license fees. Please advise if the city wishes to make these changes. Chapter 4 The council should take this opportunity to determine whether it wishes to regulate these businesses regulated in Chapter 4 and if so whether the regulations in the code are how the council wishes to regulate the businesses. Chapter 4 Many of the licensing provisions do not contain criteria for the council to consider in granting or denying or revocation a license except as found in 4.03. If the Council is challenged for refusal to issue a license or for revoking a license, the language in § 4.03 (E) "The council may, in its sole discretion and for any reasonable cause refuse to grant any application, or revoke any license" may not be sufficient to help the council withstand a challenge. More precise criteria could be provided within each section for each type of license to enable the Council to have a basis for its decisions. A good example of the criteria is found in your code at § 4.32 for adult uses. 4.12 The state law requiring cities to regulate public dances was repealed. Does the city still wish to regulate public dances. In (C)(6) is is unclear who pays for the "officer of the law ". This could be clarified to require the applicant to pay all costs to the city of providing a police officer for the dance. 4.14 This is the League's model tobacco regulation ordinance. It contains the state requirements for compliance checks. Is replacing your old code provisions with our model ordinance acceptable? Also, the city needs to decide whether it will regulate vending machines at (G). Federal law may at some point in the future pre -empt this provision. Does the city wish to use the League model? 4.18 Does the city still require licenses for these services? 4.21 This is the League's model ordinance regulating peddlers and solicitors. It contains a licensing process which provides for an accelerated decision process on the issuance of a license in order to anticipate possible fee speech challenges. Does the city wish to use the League model? gto-) SECTION SUGGESTIONS OR QUESTIONS 4.22(b) The license fee should be set by ordinance. 4.23 Concerning the insurance requirements, the city should consider having the paving contractor hold harmless, indemnify and defend the city for any liability of the city created by negligent construction by the contractor. If the city determines to do this, the amount of the insurance should be the same or greater than the municipal tort liability limitation amounts of $300,000 per claim with a maximum of $1,000,000 for all claims within a single occurrence, should be required. 4.27 The League's model Right of Way ordinance is contained in the Appendix: Model Ordinances for City Consideration, and should be reviewed in connection with licensing excavators. See my comments in the note to § 2.74 above. 4.41 How do these provisions fit with the provisions of § 3.60 to 3.62. Are these licenses the ones referred to in § 3.60 CITY COLLECTION SERVICE? Should these two provisions be written to complement each other or at least to refer to each other. Please advise. 5.08 1 would encourage the city to replace this section with the League's model right of way ordinance, either short form or long form, found in the Appendix: Model Ordinances for City Consideration. Please have your City Engineer review this ordinance and then advise me if it should be included. 5.17 There is some question as to whether a city can regulate the hours of operation of snowmobiles on other than public property and rights of way. The authority for cities to regulate the operation of snowmobiles is found in M. S. § 84.87, Subdivision 3. The law clearly states that no local regulation shall be inconsistent with state laws or rules. State law regulates the time of operation on trunk, county state aid or county highways, and the provisions of (C) are inconsistent with that part of the law. Also, law permits regulation by cities only on public lands, waters and property under their jurisdiction, and (C) seems to regulate the time of operation anywhere within the city. Perhaps (C) should be clarified. Please advise. 5.18(C) Should there be an appeal to the City Council from a denial of a license by the Chief of Public Safety (the title will be changed from Chief of Police) for denial of a parade permit? Or does the sponsor appeal directly to district court? Should this be clarified? Please advise. SECTION SUGGESTIONS OR QUESTIONS 5.24 How does the city dispose of Junk and Abandoned and Impounded vehicles? Does it use the provisions of § 2.63(A)? The League's Abandoned Automobile Ordinance is included in the Appendix: Model ordinances for City Consideration, for your review. 5.40 When a city adopts the Highway Traffic Regulation Act, the penalties for its violation must be the same as in the statutes. Therefore, a new paragraph (C) should be included to read: "The penalty for violation of the provisions of state statutes adopted by reference in this section shall be identical with the penalty provided for in the statutes for the same offense." Also, in (B) the phrase "through Laws of 1991" should be deleted. 5.40(D)(3) The city can not make this requirement. Bicycles are entitled to ride on any street or roadway even if paralleled by a bicycle path. See M. S. § 169.222, Subd. 1. This subparagraph should be deleted. 5.54.to 5.57 Ordinance 20, Fifth Series was codified here instead of in Chapter 6 as the city requested, since it seemed to relate more to streets than to Public Protection. Is this acceptable? Chapter 6 Especially in Chapter 6 but also throughout this code, the city should consider whether it is willing to enforce the various provisions. The code should contain no provisions that the city is reluctant to enforce. 6.21 I am enclosing in the Appendix: Model Ordinances for City Consideration, the League's model animal ordinance. They city may wish to review it to determine whether there are additional provisions which could be included in this section of the code, such as the barking dog provision. Or the city may wish to adopt it in lieu of the current language in 6.21. 6.21(F)(1) There are two additional lengths of time which a dog must be held. and (5) There are cases where punitive damages have been imposed when the time limits prescribed for destruction of animals by state law have not been followed. Unclaimed dangerous dogs must be kept for at least 7 regular business days and cruelly- treated animals for at least ten regular business days. See the model animal ordinance section 100.05, Subdivision 3, which is found in the Appendix: Model Ordinances for City Consideration. Please advise if you want your language changed to reflect these provisions. 6.22 6.23 These contain the provisions of the League's model nuisance 10 <�t 0�) SECTION SUGGESTIONS OR QUESTIONS 6.34 and ordinance, and replace old code provisions 6.22, 6.23 and 6.71. The 6.71 League recommends that these model provisions be used. Please compare these model provisions with your old code to determine whether you wish to retain the old language, improve the old language, or modify the League's proposed language in any way to reflect the old provisions. Please advise. We can re -insert your old provisions if you wish. The reason we like the League's language is that it has been our model for many years, many cities have adopted it, and it has survived many lawsuits. 6.22(B)(2) This section conflicts with § 5.05. Which language do you prefer, or how should we modify these provisions to make them consistent? Please advise. 6.22(B)(6) This section of our model language conflicts with § 5.07 or your code. Which language do you prefer, or how should we modify these provisions to make them consistent? Please advise. 6.24, 6.25 Many of these sections contain provisions very similar to state law. and 6.27. Does the city still wish to continue to have these provisions in its code. Your city prosecutor should review these sections to determine whether it is in the best interests of the city that these violations be prosecuted as code violations or statutory violations. Some of these provisions may be too vague to be enforceable. 6.30 The provisions of this section are the League's model curfew ordinance. Does the city wish to retain its old language or use the League's new language, and are there any modifications the city wishes to make? Please note that the location of the official time clock in (B) needs to be indicated, and in (C)(2) Also, the city needs to advise us what the hours for restrictions on 16 and 17 year old persons should be. Please advise. 6.31 The rules the city has attempted to adopt by reference are very old. I don't have a copy of the old rules, and so am not sure what the city adopted. If the city wishes to adopt the current rules, the correct citations would be Minn. Rules chapters 7005 (Definitions and Abbreviations); 7007 (Permits and Offsets); 7009 (Ambient Air Quality Standards); 7011 (Standards for Stationary Sources); 7017 (Monitoring and Testing Requirements) and 7019 (Emission Inventory Requirements). These rules apply statewide even if the city does not adopt them by reference. Prosecution locally would be difficult because of the necessity to have the equipment to determine whether a violation has occurred. Does the city still wish to enforce these rules by rosecution under the code? The PCA is very active in II P1Q) SECTION SUGGESTIONS OR QUESTIONS investigating complaints and enforcing their rules. Why wasn't this citation updated in the 92 code? I suggest this section of the code be deleted. Please advise. 6.33(L)(1) You attempt to adopt the Uniform Fire Code at this point, and also attempt to adopt it at § 6.72. I suggest you delete the reference to the fire code at (L)((1) and insert the correct the citation at 6.72. The Uniform Fire Code does not need to be adopted by reference. By law, M. S. § 299F.011, Subd. 4, it applies statewide. However, the rule containing the fire code, at Minn. Rule part 7510.3330 requires that a city may not enforce it unless it adopts it by reference. Thus, § 6.72 should be amended by deleting first sentence and inserting "The Uniform Fire Code, authorized by M. S. § 299F.011 and promulgated as Minnesota Rules parts 7510.3290 to 7510.3480, as they may be amended from time, are hereby adopted by reference." 6.33(L)(2) I am not sure why this material is located here since it applies to nuisances generally and doesn't apply to open burning. These provisions should be moved to the nuisance sections of this chapter of the code, and, if the League's model language which has been included in your coed at 6.22(B) is retained, the provisions of (L)(2) can be deleted. Please advise. 6.73 This section covers items addressed elsewhere in the code. How should these provisions concerning weeds be consolidated with the provisions of the League's model ordinance language found at § 6.23? Please advise. "Public health or safety hazards" is too vague to be enforced, and the subject is covered in more detail in § 6.22. Water and sewer service lines are covered in Chapter 3 Insect infested trees are covered in § 6.71. This section should be deleted. 6.74 Abandoned vehicles are treated inadequately at § 5.24. See my note where I suggest the city adopt the League's model ordinance on abandoned property, including motor vehicles. The language concerning housing of vehicles could be included in a revised § 5.24 Abandoned equipment is treated at § 6.22(E)(14), but some of the 12 8ta) SECTION SUGGESTIONS OR QUESTIONS language of 6.74 concerning the housing of the property could be included. The language in this section should be put in the sections referenced above, and this section deleted. 6.75(B)(13) Public drunkenness can not be a crime. Various types of conduct engaged in even though intoxicated can be a crime. Drinking in a park can be prohibited, but not being intoxicated in a park. This paragraph should be modified or deleted. 6.77 The language of this section seems archaic. Perhaps it could be expanded to include recreational vehicles. 6.79 Successful prosecution under this section would be extremely difficult. Your adult use provisions at § 4.32 govern this issue. State statutes governing obscenity could be adopted by reference in this section, but the current language in this section should be deleted. Language adopting the state statutes would be as follows. "M. S. §§ 617.23 through 617.299 as they may be amended from time to time are hereby adopted by reference." These statutes are specific enough to be enforceable, although court decisions have limited them somewhat. But, since this issue is covered by state law, the question arises, why would the city wish to adopt them as part of their city code? Is the city is willing to enforce these laws as ordinance violations. Please advise. 6.81 Disorderly conduct is defined by state law, M. S. § 609.72, in a much more limited manner. Your prosecuting attorney should review this section to determine whether a prosecution under Its provisions would be successful. Throughout THE SIXTY DAY RULE. Chapter 7 In reading through the land use sections, I see places where the process may not proceed rapidly enough to satisfy the "sixty day rule" established by M.S. § 15.99. The land use sections should be reviewed by your Zoning Administrator, Planning Commission and others to make sure this time limits are built into the process. Briefly, the " 60 day rule" is that cities are required to issue or deny zoning permits, rezoning petitions, and to approve or deny other land use related applications within 60 days after a complete application is received or they will be deemed approved. There are provisions in the law for extension of this time limit but the rule is rather strict) 13 p[a--) SECTION SUGGESTIONS OR QUESTIONS enforced by the courts. I can provide more information on this if you need it 7.02 The definition of VARIANCE is not consistent with state law. Your definition of variance at this point in your code may be too broad to be in conformity with the law. The law authorizing variances to land use controls is found at is M. S. § 462.357, Subd. 6(1). This law authorizes a board of appeals and adjustments "to hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 2, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties." Please compare this grant of authority with the definition of variance wherever it appears in your code. I am not sure that a variance can be legally granted for a "practical difficulty" or unique circumstance" as your code at this point seems to provide, and a decision to grant a variance for these reasons alone may be reversed by a court. A thorough record of all of the evidence for granting a variance must be kept in the minutes of the body granting the variance. The courts will overturn a variance for which there is not 14 0 tG) SECTION SUGGESTIONS OR QUESTIONS evidence of hardship in the record. Also, in connection with the term VARIANCE, the city should remember that if the city is giving out a lot of variances, the city should consider whether to amend the land use control sections to more adequately reflect what the land owners want to do. Perhaps something is too restrictive or too complicated to implement. Buy law, variances can be granted only by a board of adjustments and appeals, which can be a separate board appointed by the council, or it can be the council itself or it can be the planning commission. 7.14(C)(2) In this section, the city provides that "trailer parks and mobile home parks and courts" are conditional uses in multiple family residence districts (114) and further states that they shall be subject to the requirements of planned unit developments as found in §7.14 (Ii). The words "trailer parks and mobile home parks and courts" is out of date and should be deleted and "manufactured home parks" used which is the correct statutory term. These vehicles, unless they are recreational vehicles, are now called manufactured homes. Manufactured homes are defined by state law, M. S. § 327.31, Subdivision 6. I am attaching in the Appendix: Laws and Rules, a copy of those parts of Minnesota Statutes Chapter 327 that deal with manufactured homes and manufactured home parks for your reference. The state licenses manufactured home parks and provides the standards for their facilities and layout. When considering a manufactured home park as a planned unit development, state law must be complied with. Manufactured home parks are also governed by Minn. Rules parts 4630.0200 through 4630.2210, although may provisions of these rules apply only to recreational camping areas. I am attaching a copy of these Rules in the Appendix: Laws and Rules. M. S. § 327.26 prohibits cities to impose any license upon any manufactured home park. All manufactured home parks are licensed by the state commissioner of health under M. S. 327.15. In some ways, your conditional use permit procedure looks like a licensing procedure. Cities are permitted to require building permits or otherwise regulate manufactured home parks under the language of M. S. § 327.16 Subd. 5, which requires a zoning permit to be approved by the city before a state license is granted. In 2 a 15 O tQ 1 SECTION SUGGESTIONS OR QUESTIONS minimum gross lot area is required. Minn. Rule part 4630.0400 requires 4,000 square feet of space per unit, while your ordinance requires 5,000 square feet. The rule provision is probably a minimum amount, so your 5,000 square feet is probably acceptable. Existing manufactured home parks are non - conforming uses unless established pursuant to the procedures in your code. Bringing them into compliance with state and local standards is very difficult. We have some information on this if it would be useful to you. 7.15(C) Manufactured home parks are also a conditional use in this R -5 district, so the above comments would apply here as well. 7.23(B)(1) Recreational camping areas are a permitted use in this district. In 7.23(D)(1) reference is made to Minnesota Statutes. If the city is adopting these statutes by reference the language is not clear. I would suggest that the following be used to replace the first sentence: M. S. §§ 327.10 through 327.28, as they may be amended from time to time, which pertain to hotels, motels, resorts, and manufactured home parks and camping areas, are hereby adopted by reference. Minn. Rules parts 4630.0200 through 4630.2210, as they may be amended from time to time, which pertain to camps and mobile home parks, are also adopted by reference. A copy of these statutes and rules are attached in the Appendix: Laws and Rules. The rules contain many provisions with respect to recreational camping areas. These rules should be reviewed to determine if the provisions of your code conform to them. 7.30(H)(2)( 1 assume a copy of the document referred to is available in the city b) administrators office or somewhere in the city. Otherwise the city can not enforce these standards. Is the document still current? Please advise. 7.30(H)(2)( I assume a copy of the Ringleman Smoke Chart is available in the city 9) administrators office or somewhere in the city. Otherwise the city can not enforce these standards. Is the chart still current? Please advise. 7.30(H)(2)(i I assume a copy of the Air Pollution Abatement Manual is available in the city administrator's office, or somewhere in the city. Otherwise, the city can not enforce these standards. Is this manual still current? Please advise. 7.31 In 5 and the term "mobile home" should be changed to 16 u�4) SECTION SUGGESTIONS OR QUESTIONS "manufactured home" to comply with current statutory definitions. 7.35 Throughout this section, the term "Minnesota Regulations" is used. This should be changed to "Minn. Rules ". 7.35(A)(1) The language here is somewhat confusing. Only the statutes authorize a city to adopt shoreland regulations. They rules contain standards which apply and the city should consider adopting the rules cited by reference. Please advise. 7.35(B)(6) The term VARIANCE is defined the same as in § 7.02, and that definition is inadequate. See the discussion at § 7.02. 7.35(H)(b) The citation to the rules is incorrect. The correct citation is Minn. Rules chapter 7080. This will be changed in the final draft. 7.35(I)(b) Care should be taken when granting a variance to the setback requirements to not permit a system that will be in violation of the PCA rules. Liability could result. 7.40(F)(8) Your regulation of political signs violates state law which provides that: "All non - commercial signs of any size may be posted from August 1 in a state general election year until ten days following the state general election." This is a quotation from M. S. § 211B.045. Since your city elections are in even years the quoted language will apply to city elections as well, since they are held at the same time as state wide general elections. The language currently in (8) should be deleted and the language quoted above should be inserted in its place. Please advise if this is acceptable. 7.40(G) No fee may be charged for a political sign. The words "political sign" should be added in the exceptions in the first sentence. 7.50 Laws 1999, Chapter 96, prohibits the amortization of non- conforming uses. A copy of that law is included in the Appendix: Laws and Rules. The first paragraph of (A), the provisions of (B)(1), and the amortization language in (C), do not comply with the new law and should be deleted. The rest of the section probably is legal since they do not deal with amortization, but with discontinuance of the use upon certain events occurring. But your city attorney and planning commission should review the provisions of this section in light of this new law. Please advise what changes the city wishes to make. 17 O[0.) 18 9[a) SECTION SUGGESTIONS OR QUESTIONS 7.51 The standards for the granting of variances are quite clear and are found in the statutes authorizing cities to adopt land use controls. These standards are discussed in connection with the definition of variance found in § 7.02. Please see my discussion at § 7.02 above. 7.51(B) The 60 day rule discussed above applies to the time period from the time an application from a variance is received to the decision by the city council to adopt the decision of the board of zoning adjustment. 7.54(D) The time frame established by this section does not permit sufficient time to comply with the 60 day rule discussed above. 7.54(E) Adoption of amendments to the zoning provisions requires a two- thirds vote of the council, as provided by M. S. 462.359, Subd. 2. At the end of the second sentence in (E) perhaps the words "by a two- thirds vote" should be added so no-one forgets. When this code is finally adopted, because there will be some amendments to the zoning section, it will have to be adopted after a public hearing by a 2/3 vote. Since you have a nine - member council and your mayor votes only in the case of a tie, it will take the affirmative vote of 6 of the 8 councilmembers to approve a zoning amendment and the new code. Should there have been amendments to the zoning portions which were not previously adopted by a 2/3 vote, the vote to adopt the new code will satisfy the 2/3 requirement for those sections. 7.70 and Concerning your subdivision regulations, the city should be aware of following the provisions of M. S. § 462.358 which requires that preliminary sections approval of an application must be given within 120 days unless both the city and the applicant agree to an extension. Final approval must be given 60 days after the applicant has met all requirements and conditions. 7.71(A)(2) The word "Annotated" should be removed from this citation. Also, concerning the citations listed, Chapter 429 deals with special assessments, 471 with all kinds of municipal powers and 515 deals with platting. The authority to subdivide land is found In M. S. § 462.358 which Is not cited. In any event, the latter citation should be added to the list. Whoever drafted your subdivision regulations may be unclear as to the legal authority upon which they are based. 7.71(D) This paragraph outlines the approvals necessary before a plat can be filed. These approvals must occur within the time framework outlined above. 7.73(A) It is unclear when an applicatio n fora Preliminary plat is deemed 18 9[a) SECTION SUGGESTIONS OR QUESTIONS complete and received by the city. Code § 7.74 details the contents of the application. Who determines if the information is complete, or is there a determination before the application is accepted? Your city engineer? Receipt of a complete application starts the 120 day time frame running. A clear record should be made of when the application is accepted by the city engineer, if that is who formally accepts the application, in order to avoid disputes over when the time starts. Often an applicant will submit preliminary information which may not be complete, but if the city accepts it, that will start the 120 day time period running. The code should at least state to whom the application goes and who has the authority to accept It Even if conditions are stated by the planning commission which must be met before the plat may be approved, in my opinion the process starts under your ordinance the moment the preliminary plat is submitted to the City Engineer, even if it does not meet state or local requirements or lacks essential information. This needs to be clarified. Please advise how the city actually handles this process. The language is also very confusing at (2)(a). I think that what is submitted to the council is not the "final" plat but the preliminary plat which has been approved by the planning commission. Once the preliminary plat has been approved, approval of the final plat is usually a formality. In (2)(1), the paragraph is written in terms of an approved preliminary plat, not a final plat. Therefore, in (2)(a), in the second sentence, in both places where the word "final" occurs, it should be deleted and the word "preliminary" inserted. Also, in (2)(a), do all city plats go to the DNR? Probably not, just the ones in shoreland areas. This needs to be clarified. You should be aware that the time for DNR review is not counted In the 60 days under the 60 day rule, but the applicant should be notified that the time has been suspended during DNR review. M. S. 462.358, Subd. 3b. contains the required procedures which must be included in the city regulations governing subdivision approval. This section of your subdivision regulations was last amended in 1991, but apparently at that time the city was not aware of the 1965 law which is cited above. Because this statute is not contained in the citations mentioned above under which the city apparently has established its process for plat approval, whoever administers the land use control program in your city should read this section of the statutes and compare it with the process your city uses. For example, state law requires that your process include procedure for a public hearing on the preliminary plat with published notice of the hearing, but nothing appears in your code about this. Since whoever drafted 19 O ��� SECTION SUGGESTIONS OR QUESTIONS your subdivision regulations apparently was not aware of this statute, since it is not cited, we should draft some language including this required public hearing in your subdivision regulations. This would probably go into your code at (A)(1)(b). This raises another issue. The published notice of the hearing must appear at least ten days before the hearing, but under (A)(1)(a), a plat needs to be submitted only ten days before the meeting at which it is to be considered. It appears to be impossible to give the ten days published notice in this situation. This also needs to be clarified. Your Zoning Administrator may have suggestions as to how to correct this language. 7.75 The council has 60 days from the submission of the final plat to either approve or deny it. The time period in this section does not accommodate the 60 day period. For example, if the planning commission forwards the final plat to the council, and the council sends it back to the planning commission for further action under (13)(3)(c), the planning commission has 45 days to report back. By that time, the 60 day period will have elapsed, and the plat deemed approved under state law. The Zoning Administrator should review the process for final plat approval to make sure it occurs within 60 days, and conflicting language in the code should be deleted. Please advise how this process actually works in your city and I can try to draft the appropriate amendments to the code. 7.80 The procedure for granting variances is not quite consistent with the requirements of M. S. § 462.358, Subd. 6, which permits variances only "where an unusual hardship on the land exists ". In (A) the words "undue hardship" should be deleted and the quoted language used in order to fully comply with state law. If the city finds that there are many requests for variances, it might wish to review its design standards contained at § 7.77 to determine if they are too restrictive. 8.01(A) The citations to the rules are out of date. The phrase "6 MCAR 3.021 to 3.047" should be deleted and "Minn. Rules chapter 4410" inserted. 8.01(B)(5) The citation at the end of the sentence may be deleted as unnecessary. 8.01(C)(2) The citation at toe end of the first sentence is out of date. The phrase "6 MCAR 3.024" should be deleted and "Minn. Rule 4410.1000" inserted. 8.01(C)(5) The phrase "6 MCAR 3.025" should be deleted and "Minn. Rule 4410.1700" inserted. 20 $ ��� SECTION SUGGESTIONS OR QUESTIONS Chapter 10 The portions of this chapter contained in §§ 10.04 through 10.99 have been rearranged and some of the reserved sections eliminated. Please let me know if this arrangement is acceptable. Chapter 11 The use of the word beer is inconsistent with state law. Whenever the word beer appears, the term "3.2 percent malt liquor" should be used. In the definition section 3.2 PERCENT MALT LIQUOR should be defined to meaumalt liquor containing not less than one -half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. 11.02(D)(2)( Although a license fee is mentioned here, I can not find the authority a) and (b) in the code to establish the fee, although state law authorizes the city and 11.41 to establish the fees for liquor licenses although state law is not specific as to how they are established. The fees are established in the code at § 11.41. I always recommend that liquor license fees be established by ordinance, as the city has done, because ordinances are published. Perhaps a provision should be added in § 11.41giving the city council the authority to adopt and amend liquor license fees by ordinance from time to time. Under the provisions of M. S. § 340A.408, Subd. 3a, no fee for a liquor license can be increased except after notice and hearing on the proposed increase. Notice of the proposed increase must be mailed to all affected licensees at least 30 days before the date set for the hearing. The prior two sentences should be Included in any new provision in your ordinance concerning liquor license fees. ]1.21 The city does have language here in its code concerning beer (3.2 percent malt liquor) license fees. The language does refer to amending the fees from time to time, but there must be mailed notice to all affected licensees at least 30 days before the date set for the hearing, just as in the case of liquor licenses (see note above). 11.41(A) The wording doesn't make sense to me. Perhaps there should be a period after "alien" and the rest of the sentence placed in a new provision which states: "One who is under the age of 21 years of age." Then a new provision could be added stating: "All applicants shall be of good moral character or repute." I'm not sure what the latter sentence really means, but most cities do have a requirement like this in their liquor ordinances. 11.45(B) I'm not sure what this means. Does it mean that a license can be issued for the premises owned by a minor, alien, or person who has been convicted of a crime other than a violation of the liquor laws? 21 Cdr Q\ . I , SECTION I SUGGESTIONS OR QUESTIONS Also, the citation is out of date. The correct citation is M. S. Chapter 340A. 11.45(G) The citation is out of date. The correct citation is M. S. § 340A.101 Subd. 25. 11.48 I assume this applies to on -sale licenses. Also, the statute authorization cities to be more restrictive than state law concerning hours of sale, M. S. 340A.504, Subd. 6, states that the limitations on hours of sale must also apply to the hours of sale of 3.2 percent malt liquor. Thus this section should be modified by inserting "on - before "sale" "and 3.2 percent malt liquor" after the word "liquor ". Our editor from American Legal Publishing has the following comments on the attached Table of Ordinances. Please also respond to her questions: Table of Special Ordinances The old code had Chapters 12 through 19 reserved, with a full Chapter 20. This seemed like a huge waste of space. I have not included the old reserved chapters and have placed Chapter 20 as the T.S.O.s in the new codification. (If this is unclear, see the table of contents.) If the city decides to put material in these chapters, they can stW easily do this without having to reserve the space. Was this correct? I did not include the entries to "authorize the rearrangement of City Code Chapter 7" or "Charter amendments." The charter is not even included in the code, and the entries are very nondescript. Table I - Passage dates are needed for Ords. First Series 188, 195, 309, 394 and Second Series 33 and 34. Table II - I have included the entries for the authorization of bonds, even though we normally do not include such information. Table III - Passage dates and series numbers are needed for Ords. 18, 58 and 383. Table IV - Passage dates and series numbers are needed for Ords. 9, 225, 227 and 238. Table V - Passage dates and series numbers are needed for Ords. 164, 218, 282, 299, 314, 317, 328 and 363. Passage dates are needed for Ords. Second Series 30, 22 ?�Ca) ti 31 and 39. An ordinance number and passage date is needed for Ord. Third Series. Table VI - (1) The recent ordinances I have included here were, according to the city's ord headers, supposed to go in Chapter 8, Streets and Streets Vacated. Chapter 8 is actually called Environmental Review and in no way discusses streets and vacations. I have placed them here although the city said they should go elsewhere. In their old Chapter 20, they have TSO -like tables with similar information. Was this correct? (2) Passage dates and series numbers are needed for Ords. 382, 385, 386, 387, 389 and 396. A passage date is needed for Ord. 146, Second Series. Table VII - (1) The material for the zoning map changes contained an ordinance number, a series number and a date, but no description. I have only a few ordinances, so I can't describe the old code changes. I have left them like they were in the old code. You might want to take a look to see if you think they should even go in the new code in this form. (2) Passage dates are needed for Ords. First Series 339, 352, 353, 356, 357, 362, 365, 369 and 370. Passage dates are needed for Ords. Second Series 32, 35, 36, 37 and 41. A passage date is needed for Ord. Fourth Series 48. . g��� APPENDIX: MODEL ORDINANCES FOR CITY CONSIDERATION: (In the order in which they will be found in the Appendix) 1. Model Emergency Management Ordinance (see discussion in my notes to § 2.07). 2. Abandoned Property (see discussion in my notes to §§ 2.63(A), 5.24 and 6.74). 3. Model Right Of Way Ordinance (see discussion in my notes to §§ 2.74 and 5.08). 4. Model Animal Ordinance (see discussion in my notes to § 6.21). LAWS AND RULES (In the order in which they will be found in the Appendix, after the model ordinances) 1. Manufactured Home Rules and Laws (see discussion in my notes at § 7.14). 2. Laws 1999, Chapter 854 (dealing with amortization- -see discussion in my notes at § 7.50). 24 �� City of Hutchinson Engineering/Public Works Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone(320)234 -4287 Fax(320)234 -6971 December 10, 2001 To: Honorable Mayor & City Council From: John Olson, Asst. Public Works Dir. cc: John Rodeberg, Director of Engineering/Public Works Floyd Groehler, Cemetery Supervisor Subject: Approval or 2002 Fee Schedule for Cemetery Operations The following are proposed rates, to become effective April 15, 2002. We request the City Council approve the following price schedules for services at Oakland Cemetery. These rates reflect the first in a series of increases scheduled to increase Cemetery revenues. Service (including Perpetual Car) Price PROPERTY: • Single grave lot $400 Double grave lot $800 Second right of interment $200 Grave space in Baby Section $ 75 Cremation grave space $300 Columbarium niche (upper 3 rows) $800 Columbarium niche (lower 2 rows) $700 FUNERAL SERVICES: Weekday interment $400 Weekend & holiday interment $500 Winter weekday interment $475 Winter weekend & holiday interment $550 Weekday Baby interment $150 Weekend & holiday Baby interment $250 Winter weekday Baby interment $250 Winter weekend & holiday interment $325 Weekday cremation interment $200 Weekend & holiday cremation interment $300 Winter weekday cremation interment $300 Winter weekend & holiday cremation interment $375 • Vaulted cremains (additional charge; may include large and/or unusual ums) $100 x • Honorable Mayor & City Council John Olson, Asst. Public Works Du. November 19, 2001 Page 2 OTHER SERVICES & CHARGES: Late Charge (funerals arriving after 4:00 p.m.; no funeral s after 4:30 p.m.) $ 75 Disinterment (not allowed in winter, weekends, or holidays) $600 Holding vault fee (free if interment at Oakland Cemetery) $ 50 Stone setting permit $ 30 Cemetery deed transfer $ 15 Chapel Rental (1/2 day) $125 * Holidays: When a holiday falls on a Sunday, the following day is considered a holiday. • When a holiday falls on a Saturday, the preceding day is considered a holiday. New Year's Day Independence Day Thanksgiving Day Martin Luther King Day Labor Day Christmas Day Presidents' Day Columbus Day Memorial Day Veterans' Day ** Rates: Summer rates effective April 15 to November 15 Winter rates effective November 16 to April 14 * ** Perpetual Care Fund: Attached is a proposal for Perpetual Care Fund rates. Perpetual Care Fund rates have generally been kept for internal use only, as they are already included in the Cemetery Fee Schedule. • � fib) 13 Q Cemetery Perpetual Care Fund Rates INTERNAL USE ONLY Service Perpetual Care Fund Single grave lot $200 Double grave lot 5400 Second right of interment $100 Grave space in Baby Section $ 50 Cremation grave space $150 Columbarium niche (upper 3 rows) $gam Columbarium niche (lower 2 rows) $700 Weekday interment $ 50 Weekend & holiday interment $ 50 Winter weekday interment $ 50 Winter weekend & holiday interment $ 50 Weekday Baby interment $ 50 Weekend & holiday Baby interment $ 50 Winter weekday Baby interment $ 50 Winter weekend & holiday interment $ 50 Weekday cremation interment $ 50 • Weekend & holiday cremation interment $ 50 Winter weekday cremation interment $ 50 Winter weekend & holiday cremation interment $ 50 Vaulted cremains (additional charge; may include large and/or unusual urns) $ 25 Late Charge (funerals arriving after 4:00 p.m.; no funeral s after 4:30 p.m.) $ 0 Disinterment (not allowed in winter, weekends, or holidays) $ 0 Holding vault fee (free if interment at Oakland Cemetery) $ 50 Stone setting permit $ 30 Cemetery deed transfer $ 15 Chapel Rental (1/2 day) $ 25 These fees, collected with the standard Cemetery fees, are deposited into the City's Cemetery Perpetual Care Fund. These fiords are accounted for separately. The purpose of the Cemetery Perpetual Care Fund is to accumulate funds that will provide enough annual interest earnings to maintain the cemetery, once the cemetery is no longer being operated. In certain circumstances, Perpetual Care Funds can be used for improvements made at the Cemetery. Recent examples include adding columbariums and construction of cemetery office and garage space. 13 Q 0 0 POLICY ADDRESSING THE USE OF: • INFORMATION TECHNOLOGY • COPY EQUIPMENT • COMMUNICATION EQUIPMENT v d) SECTION INFORMATION TECHNOLOGY POLICY 1 INTRODUCTION a Purpose The purpose of these procedures and guidelines is to protect the quality and integrity of the City of Hutchinson's Information Technology systems. These systems are vital to performing city functions. Each item in this document is designed to strengthen the quality and integrity of this resource while minimizing risks to the City's information systems. The City's Management Team has undertaken the task of developing procedures that best serve these purposes. Achieving the policy's underlying goals is a task shared among management and all system users. All employees are expected to read and comply with this policy. b Scope This policy applies to all users of the City of Hutchinson's information resources, whether or not the users are City employees, paid or unpaid. This • policy applies to any and all City electronic communications equipment (hardware and software) used to transmit information within, to, or from, the City of Hutchinson, including equipment used as control systems and connections to computers in other systems i.e. the State of Minnesota and LOGIS. 2 NETWORK Most personal computers in the City of Hutchinson are networked to allow all users to share network resources such as printing, file storage, electronic mail, software and access to the Internet. a Securi Login names will be assigned, and users given rights to, appropriate resources by Information Technology personnel per the directors approval. All network users will be required to log into the network with a password. All users must keep their password confidential and are responsible for security of their password. All user passwords shall be filed with the IT Manager. Any changes which are required will be completed by IT staff. ■ The IT Manager and the LOGIS network engineers shall have full network • supervisory rights. The password of the Supervisor login name will be known by the IT Manager and backup personnel only. 2 • When leaving the workstation or building for an extended period, users should logout of applications that access the network or allow communications. b File Storage ■ Each network user is assigned a personal subdirectory (H:), and workgroup common directory (G:), a city -wide shared directory (I:), and possibly other specialized directories which can be used for storing city business files. The IT Department backs up all data except for any files that are stored on the "C" drive of your workstation. Employees are encouraged to keep any necessary files on the network. Any files on the local computer will not be the responsibility of IT department. Employees are also expected to delete old files regularly to help maintain adequate system storage capacity. The City reserves the right to delete old files that have not been used for a period of two years. c Virus Protection. While the City does take virus protection measures on the system, no system is foolproof due to new viruses. Common sense precautions should be taken. Users shall not change their system's configuration or take other steps to defeat virus protection devices or systems. • 3 SOFTWARE a Copyright Laws Most computer software and programs, applications and templates are copyrighted, and it is illegal to make copies. Employees may under no circumstances make any copies of City or privately owned software. The City and its employees are required to abide by the federal copyright laws and to abide by all such licensing agreements. If there is any question about the legality and appropriate use of the software, it should be directed to the IT Manager. Employees are not allowed to install software on any computer with out prior authorization from the IT manager. b Purchases. Any specialized work related software must be approved by the Information Technology department prior to purchasing. • c Use. All users shall refrain from changing the setup or configuration files that control basic computer functioning. Customizing a personal computer should be limited to superficial items included in the City issued software such as "wallpaper ", "screen savers ", "icons ", "toolbars ", and colors. Customizing will be limited original software build. No downloading of screensavers or wallpaper will be allowed. d Development. All software programs developed for use by the City become the property of the City of Hutchinson. These software programs may not be sold or distributed. This includes, but is not limited to, macros and templates created for word processing, spreadsheets, presentations, and databases. 4 GENERAL GUIDELINES a City Ownership. All software, programs, applications, templates, e-mail messages, data, and data files, and voicemail messages residing on municipal computer systems or storage media or developed on municipal computer systems are the property of the City of Hutchinson. The city retains the right to access, copy, modify, destroy, delete or erase this property. The City reserves and intends to exercise the right to access contents of e-mail communications, voice mail communications, use of internet services, and other means of electronic transfer of information for any business purpose. The Information Technology Coordinator will periodically review employee communications to ensure compliance with City policies or to detect policy violations. Directors and supervisors may review electronic communications of the employees they supervise to determine whether there have been any security breaches, violations of City policy, or other violation of duty on the part of employees. b Checking out Equipment. When employees checkout portable equipment such as lap top computers and LCD projectors for use on City business, they are expected to provide appropriate "common sense" protection against theft, accidental breakage, environmental damage and other risks. Desktop computers and attached devices are not to be removed from City buildings. c Inappropriate Use of Computer Systems /Electronic Transfer Engaging in inappropriate behaviors or using the City's computer systems in an inappropriate manner will result in disciplinary action up to and including termination. Inappropriate and prohibited behaviors or uses include, but are not limited to: ■ Displaying, printing or transmitting sexually explicit images, messages, and cartoons. ■ Displaying of "Nude or Partially Denuded figures" as defined in the Hutchinson Municipal Code. • ■ Displaying, printing, or transmitting racial or ethnic slurs or comments, racially derogatory jokes, off -color jokes, or anything that might be construed as 4 o) harassment or disrespectful of others, including anything that fosters a hostile • work environment or perpetuates discrimination on the basis of race, creed, color, age, religion, sex, marital status, status with regard to public assistance, national origin, physical or mental disability or affectional preference. • Reading other employees' E -Mail or documents without permission or without a legitimate business reason. • Using the City's computer systems or knowingly allowing another to use the City's systems for personal profit, commercial product advertisement or partisan political purposes. The E -Mail system may not be used to solicit anyone for commercial ventures, religious or political causes. • Infringing on third party copyrights or other intellectual property rights, license agreements or other contracts; for example, illegally installing or making available copyrighted software. • Inappropriately copying, modifying, distributing, transmitting or displaying files or other data or information resources. ■ Sharing your user ID or password with any person who uses it to obtain confidential or other information to which they would not normally have access. Sharing your user ID or password with another person deems you solely responsible for the actions of that other person. ■ Deliberately damaging or disrupting a computing system (hardware or software), altering its normal performance, or causing it to malfunction. • Attempting to gain unauthorized access to internal, remote, or external computer systems. • Attempting to decrypt system or user passwords. • Unauthorized copying of system files. • Intentional attempting to "crash" network systems or programs. • Willfully introducing computer "viruses" or other disruptive/ destructive programs into the organization network or into external networks. • Sending anonymous E -Mail messages. • Sending chain letters, advertisements, solicitations or non- business related mass mailings. • Concealing the identity of an E -Mail sender or taking someone else's identity. • Participating in Internet "Chat Rooms /Groups" or "Use Net" at any time. • ■ Disclosing confidential proprietary City information via the electronic systems. ■ Violation of any laws and regulations of the United States or any other nation, 5 or the laws and regulations of any state, city, province or other local • jurisdiction in any material way. d Responsibility to Notify Employees should notify their immediate supervisor, the IT Manager, the Human Resources Coordinator, the City Administrator or any member of management upon learning of violations of this policy. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. e Supervisor's Responsibility Managers and supervisors are responsible for ensuring the appropriate use of computers, E -Mail, voicemail, and internet access through training, supervising, coaching, and taking disciplinary action, when necessary. f Official Records All data that is composed, transmitted or received via our computer systems, including electronic mail (E- Mail), is considered to be part of the official records of the City, and therefore subject to disclosure as appropriate under state and federal laws (e.g., Data Practices Act). Most documents will be considered public records unless specifically exempted under the Data Practices Act. However, users of computer systems must use the same caution as they do when releasing hard copies of information. Any requests for determinations regarding the appropriate release of information should be directed through the City Administrator's office. E -Mail or other electronic transmission of information should be designated as "Not Public" or "Attorney- Client Privileged" if it contains information that is private, confidential or is a communication between the City and its legal counsel. E -Mail and other documents must be saved if they are required for ongoing legal, fiscal, administrative, operational or research purposes. These records should be saved to a word processing or paper file for storage according to the City's records and retention schedule. An example of this would be the official correspondence on a litigated matter. Any E -Mail or other document that does not fall into this category may be deleted immediately. Questions regarding records retention should be directed to the City Administrator's office. g Personal Use of City Hardware and Software. The City of Hutchinson will offer employees of the City of Hutchinson the privilege of personal use of City-owned hardware and software during non - business hours. Non - business hours are defined as, before 8 am and after 5pm Monday through Friday and weekends. If a shift ends at 4 pm, personal use will not be allowed until 5 pm as it may be disruptive to other individuals. However, limited personal work may be done during normal business hours with prior approval of the City Administrator. Personal use is not allowed before business hours, lunch period or breaks during 0 a work shift. Employees may not run unauthorized software on any city S (d) computer without prior approval by the Information Technology department, even during non - business hours. 5 Electronic Mail (E -Mail) a Purpose of E -Mail The E -Mail system is a City -owned tool and is to be used for matters directly related to the business activities of the City of Hutchinson and as a means to further the City's mission by providing services that are efficient, accurate, timely and complete. In order to provide excellent services, the City promotes strong working relationships among employees and a supportive working environment. For example, news about employees or notices of department events would be considered as City business. b Polic . Employees are responsible for adhering to City standards when E -Mail is created, sent, forwarded or saved. Failure to adhere puts the City and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. E -Mail documents are public documents. City of Hutchinson policies and procedures are adopted to make employees aware of the risks associated with using E -Mail and to advise them on the City's requirements regarding the use of E -Mail. • This policy also applies to all contractors, consultants, volunteers, agents or any other persons who have gained or are given access to the E -Mail system. c Violations Violation of these policies may result in the cancellation of the violator's E -Mail account and may be grounds for disciplinary action up to and including termination of employment with the City of Hutchinson. d Public Nature of E -Mail E -Mail is a public record like any other public document. E -Mail may be searched for evidence in any legal proceeding. By using the E -Mail system, the employee consents that the following authorized City representatives, the City Administrator, Directors, Supervisor, and systems administrator, may review any messages on the system, may use any information for any legitimate business, legal or disciplinary purpose and may disclose or disseminate such messages to appropriate third parties. e Retention of E -mail See 4 - General Guidelines, for retention information. f Inappropriate Use of E -mail See 4 - General Guidelines. g Personal Use of E -mail During working hours, E -Mail will be used exclusively for City business. Employees may write, send and read personal E- Mail correspondence only during non - business hours. Non - business hours are defined as, before 8 am and after 5pm Monday through Friday and weekends. If i �' • a shift ends at 4 pm, personal use will not be allowed until 5 pm as it may be disruptive to other individuals h Monitoring All communication is subject to monitoring as noted in Section 4 - General Requirements. 6 Internet Policy a Purpose of Internet Services Internet access to global electronic information resources on the World Wide Web is provided by the City to selected employees to assist them in obtaining work - related data and technology. The following guidelines have been established to help ensure responsible and productive Internet use. b Violations Violation of these policies may result in the cancellation of the violator's Internet access privileges and may be grounds for disciplinary action up to and including termination of employment with the City of Hutchinson. c Public Nature of Internet All Internet data that is composed, transmitted, or received via our computer communications system is considered to be part of the official records of the City and, as such, are subject to disclosure to law enforcement or other third parties. Consequently, employees should always • ensure that the business information contained in Internet messages and other transmissions is accurate, appropriate, ethical and lawful. d Inappropriate Use of Internet Services See 4 - General Guidelines. e Personal Use of Internet Services Internet use will be for City business purposes. Personal use of the Internet connection shall be kept to an absolute minimum, and only during non - business hours. Non - business hours are defined as, before 8 am and after 5pm Monday through Friday and weekends. If a shift ends at 4 pm, personal use will not be allowed until 5 pm as it may be disruptive to other individuals. Internet activity is not private or confidential. f Monitoring All communication is subject to monitoring as noted in Section 4 - General Requirements. Be advised that Internet use can in some instances be monitored by outside individuals, and, therefore, discretion is extremely important. 7 Remote Network Access a Access Remote access to our City network via modem will be allowed only to certain City employees as authorized by the City Administrator. No authorized user shall give out the dial -in number, user name, password, or any other • information pertaining to the Hutchinson remote network to any other person. Dial -in authorization comes only from the City Administrator ■ Rights to access the network resources will be controlled by network login and passwords. ■ All dial -in users are subject to the rules and regulations set forth in this policy for all network users. 8 Affidavit. Prior to the use of any of the City of Hutchinson information technology systems, the user will sign an affidavit that states that they have received and read a copy of the City of Hutchinson Information Technology Policy. • 9 0 Section II PERSONAL USE OF COPY AND COMMUNICATION EQUIPMENT POLICY: The City of Hutchinson requires usage of printing, copier and telephone systems for personal use to be reimbursed to the City. Employees must reimburse the organization for personal use of City equipment as outlined below. Procedure 1. Cellular Phones: Users of City owned cellular phones will be issued, on a bi- monthly basis, a copy of their activity bill. The total of all personal calls from the total charge column, plus tax will be reimbursed to the City of Hutchinson. Personal calls need to be reimbursed within 7 days of receiving your phone bill. 2. Employee Desk Phones: In the event that you need to make a personal toll call, • the preferred method of payment is a personal calling card. If a situation arises where you do not have access to your personal calling card you must notify the finance department using a form provided for billing purposes. The charge for the call will be the actual charge, plus tax, that would normally be incurred by the City. Payment is due within 7 days after receipt of the phone bill. 3. Work Related Personal Phone Use: There may be instances when job duties will require that employees work beyond regular hours or require an over night stay. In those instances, you may make nominal personal calls to notify family of your schedule. The City of Hutchinson will view those calls as work related and the City will cover all charges. 4. Copiers: Employees will reimburse the City of Hutchinson for personal copies at a rate of 10 cents /page, including two sided copies. Personal copies need to be reimbursed within 24 hrs from the date the expense was incurred. 5. Fax Machines: All personal faxes, sent or received, on City owned fax machines will be reimbursed to the City of Hutchinson at a rate of 10 cents /page. Personal faxes need to be reimbursed within 24 hrs from the time the expense is incurred. 6. Printers: Employees will reimburse the City of Hutchinson for personal use of • printers at a rate of 10 cents /page, including administrative fee. Personal prints need to be reimbursed within 24 hrs from the time the expense is incurred. 10 �t� i) 0 Affidavit of Receipt Employee Copy I (print name) have seen and been given the City of Hutchinson "Information Technology Policy" (revised December 21, 2001) and agree to abide by its terms. I fully understand that all information on the file server or the local workstation is the property of the City of Hutchinson, and therefore will be subject to periodic checks. I also understand that violation of any part of the policy will lead to disciplinary action up to and including termination. Signature Date 0 12/2001 Employer Copy Affidavit of Receipt I (print name) have seen and been given the City of Hutchinson "Information Technology Policy" (revised December 21, 2001) and agree to abide by its terms. I fully understand that all information on the file server or the local workstation is the property of the City of Hutchinson, and therefore will be subject to periodic checks. I also understand that violation of any part of the policy will lead to disciplinary action up to and including termination. Signature • 11 Date 12/2001 • LJ Hutchinson City Center ID Hessen street SE Hutchimron, MN 55350 -2522 320- 5S7- 5151/Fax 320-2344240 M E M O R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Water Service Cost Sharing 40 Main Street North (Barb and Jim Wendling) DATE: December 14, 2001 Our Ordinance clearly notes that replacing and maintaining water service leads from the main line to the property are the total responsibility of the property owner. However, there have been times when these costs exceed reasonable parameters due to the costs of street repair. These have arisen on major local streets (like South Grade Road) and on Main Street. It is expected that Main Street may continue to have issues arise. • The above property had to repair a water service that was directly under Main Street (TH 15). Extra concrete repair, major traffic control and other additional work were required due to this imposition. Based on previous practice, the Council has reviewed each of these on an individual basis based on a request from the property owner. The most recent request was on South Grade Road, and a credit of about $900 was given for added street work, so the final assessment was about $3,500. The attached bill of $4,960 includes about $4,250 of labor and equipment time. Discussion with the Contractor notes that this project took about 40 to 50% more effort than the average repair. This would relate to about $1,700 - $2,200 extra cost. The average of this estimate would be.$1,950. We are trying to find that delicate balance between creating an unreasonable financial hardship for the property owner and not setting a precedent that will unreasonable effect costs to the City and its taxpayers. At this point, it would be my recommendation to have the City agree to pay $1,950 of the bill. This leaves a cost of $3,010 for the property owner. This is more than the original expectation of $2,500 — 2,800 but it is also more in line with the cost to the South Grade Road Property. Hopefully the City and property owner will be equally concerned about their final cost. cc: Barb and Jim Wendling (40 Main Street N) • attachment file: 40 Main Street North Primed m aYycled paper - (� (e) • • • J October 15, 2001 City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 ATTN: John Rodeberg This letter is to address the water line repair at 40 Main Street North, Hutchinson, Minnesota I am concerned about the cost to repair this line and would hope to pay the customary and reasonable charge for a normal repair. Thank you for your attention to this matter. � Barb Wendling I \ UvI un Wendling a a (e) ce: 320 - 587 -2989 W. 320 - 587 -0964 %RUUD %- VU /IA%.11ub' %- V111P4A1 P0 Box 189 1060 Adams St. SE Hutchinson, MN 55350 - &96crir� Oinm - ESTABLISHED 1914 Barb Wendling 40 Main St North Hutchinson, MN 55350 Customer ID: Wen Bar . • v&�w Invoice Number: 01 -630 Invoice Date: Nov 30, 2001 Pape: 1 Customer PO Payment Terms Due Date I Job S Wate Line Net 30 Days 12/30/01 1 01 -630 Q Item Description Unit Price Exter s Concrete 400.00 1.00 EA 1" Corporation 25.00 25.00 1.00 EA 1" Curb 6 Box 75.00 75.00 50.00 / LF 1" Copper 2.50 125.00 8.00 / CY Class 5 8.50 68.00 1.00 EA Ground Rod 14.00 14.00 Telephone Co. - Boring 275.00 1.00 017 JD Skid Steer / HR 78.00 78.00 1.00 019 JD 590 Backhoe /HR 84.00 84.00 6.00 007 JD 410 Backhoe / HR 78.00 468.00 62.00 000 / HR Labor 54.00 3,348.00 Subtotal 4,960.00 Sales Tax Total Invoice Amount 4,960.00 Check No: Payment Received 0.00 TOTAL 4 • 1' : ,u 1 1.%2:: / Month or o �u CITY OF HUTCHINSON • RESOLUTION NO. 11853 ADOPTING WATER WASTEWATER REFUSE COMPOST FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT the annual Water Wastewater Refuse & Compost Fund Budget for the City of Hutchinson for the fiscal year 2002, which has been submitted by the City Administrator and approved by the City Council is hereby adopted. The total of said budget and major division thereof being as follows: WATER/WASTEWATER/REFUSE FUND REVENUES AVAILABLE CURRENT REVENUE Water Sales 1,160,000 Water Meter Sales 15,000 Wastewater Sales 2,502,000 • Compose & Recycling Sales 53,000 Refuse Sales 897,000 Recycling & compost credits 45,000 Commercial dumping 24,000 Interest Earnings 80,000 Penalties 16,000 SCORE 125,000 State Grant 30,000 Loan Repayments 350,000 Connection Charges 100,000 Miscellaneous TOTAL AVAILABLE $5,397,000 REQUIREMENT WATER Personal Services 294,196 Supplies 96,000 Consulting 180,000 Other Services & charges 181,280 Depreciation 220,000 Debt Service 56,705 . Transfers 53,000 Miscellaneous 12,450 Capital Outlay 541,700 DEPARTMENT TOTAL $1,635,331 $ (f) Resolution number 0 Page 2 • WASTEWATER Personal Services Supplies Consulting Other Services & charges Depreciation Debt Service Transfers Miscellaneous Capital Outlay DEPARTMENT TOTAL REFUSE & COMPOST Personal Services Supplies Consulting Other Services & charges Depreciation Miscellaneous Capital Outlay DEPARTMENT TOTAL I* Adopted by the City Council this 21st day of December 2001 ATTESTED: Gary D. Plotz City Administrator • 506,819 169,300 171,000 422,615 700,000 874,243 53,000 23,600 1,930,740 $4,851,317 213,433 330,200 65,000 702,380 155,000 3,500 236,550 $1,706,063 Marlin Torgerson Mayor S (�) • 09442 REFUSE WATER SEWER CITY OF HUTCHINSON -2002 BUDGET Dept. 1999 2000 06/30/01 2001 2002 Code Description Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 4001 REVENUES 4013 PENALTIES & INTEREST -807 -15 4005 TOTAL TAXES -807 -15 4021 SPECIAL ASSESSMENTS -CITY -9,192 -500 4022 INTEREST ON ASSESSMENTS 4023 SPECIAL ASSESSMENTS - COUNTY - 4,356 -6,441 4024 DELIQU.SPECIAL ASSESSMENTS -1,008 -94 4020 TOTAL SPECIAL ASSESSMENTS -5,364 - 15,727 -500 4072 PLUMBING PERMITS -150 4079 OTHER PERMITS -500 4070 TOTAL PERMITS -650 4131 STATE GRANT 998,243 - 30,000 4180 COUNTY SHARED AID - 1,023,243 4181 COUNTYS.C.O.R.E. - 121,329 - 141,263 - 125,000 - 125,000 4100 TOTAL INTERGOVERNMENTAL REV - 121,329 - 166,263 - 125,000 - 155,000 4250 TOTAL CHARGES FOR SERVICES 4265 OTHER FEES -2,072 - 20,000 4309 ANTENNA RENT -8,000 -5,000 4314 RENTS - EQUIPMENT - 6,960 - 6,219 -471 4340 SALES OF PROPERTY - 32,123 4250 TOTAL CHARGES FOR SERVICES - 39,083 - 16,290 -5,471 - 20,000 4500 WATER SALES - 1,008,671 - 1,098,700 - 479,557 - 1,153,000 - 1,160,000 4501 WATER TREATMENT SURCHARGE -611 -648 -321 4505 WATER METER SALES - 14,562 - 10,260 -6,485 - 12,000 - 15,000 4506 COLLECTION FEE -3,866 -3,525 -2,448 4520 SEWER SERVICES - 1,802,302 - 1,861,938 - 1,085,118 - 2,447,200 - 2,502,000 4522 PENALTY CHARGES - 15,735 - 12,376 - 10,054 - 16,000 - 16,000 4523 CONNECTION CHARGES - 105,399 - 157,362 - 44,000 - 100,000 - 100,000 4540 REFUSE SERVICES - 571,744 - 661,916 - 340,091 - 834,800 - 840,000 4541 REFUSE SURCHARGE - 53,169 - 54,256 - 27,402 - 56,000 - 57,000 4542 RECYCLING CREDIT 60,408 62,062 30,748 61,000 - 62,000 4543 COMPOST CREDIT 8,384 8,196 3,992 8,000 -8,000 4560 COMPOST & RECYCLE SALES -7,924 -7,655 -5,966 -3,000 - 53,000 4561 WOOD WASTE CHARGE -6,336 -790 -474 - 24,000 - 24,000 4562 LEAF BAG SALES -2,845 -642 -213 -2,000 -2,000 4563 GARBAGE STICKER SALES -1,316 - 1,565 -512 4450 TOTAL SALES - 3,525,687 - 3,801,375 - 1,968,001 - 4,579,000 - 4,839,000 4625 INTEREST EARNED - 424,592 - 395,204 - 123,024 - 350,000 - 80,000 4620 TOTAL INTEREST ON INVESTMENT - 424,592 - 395,204 - 123,024 - 350,000 - 80,000 4705 LOAN REPAYMENTS - 14,405 - 10,175 - 35,800 - 350,000 • 4720 REFUNDS & REIMBURSEMENTS - 16,278 - 15,473 -758 g (O • 09442 REFUSE WATER SEWER Dept. Code Description 4730 OTHER KtVLNUti 4700 TOTAL REIMBURSEMENTS 4800 TOTAL TRANSFER 4850 OTHER 4800 TOTALTRANSFER 4890 TOTAL SURCHARGES 4000 REVENUE 8 EXPENSES :J C J CITY OF HUTCHINSON -2002 BUDGET 1999 2000 06/30101 2001 Actual Actual YTD Final Amount Amount Actual Budge -5,367 -2,509 -120 2002 Budget - 36,049 - 28,157 -878 - 35,800 - 350,000 -116 47 -44 -116 -47 -44 - 4,153,679 - 1,423,078 - 2,097,918 - 5,109,800 - 5,424,000 g(f) • 09442 REFUSE WATER SEWER Dept. Code Description CITY OF HUTCHINSON -2002 BUDGET 1999 2000 6/30/01 2001 2002 Actual Actual YTD Final Budget Amount Amount Actual Budget Requeste ECYCLING 6110 WAGES REG.EMPLOYEES 21,516 30,699 35,535 68,496 103,719 6112 OVERTIME REG.EMPLOYEES 1,191 2,419 4,238 300 2,000 6115 COLAIPERFORM 5,387 9,560 6120 WAGES PERM PART -TIME 11,398 20,000 6121 WAGES PERM PART -TIME OVERTIME 2,448 6122 WAGES TEMPORARY EMPLOYEES 9,242 8,939 4,224 44,000 58,000 6123 OVERTIME WAGE - TEMPORARY 11 202 6131 VACATION PAY 2,383 5,029 152 6132 HOLIDAY PAY 1,531 1,721 938 6133 SICK PAY 392 287 238 6141 PERA- COORDINATED 1,311 1,881 2,710 4,833 9,053 6145 FICA -CITY PORTION 2,642 3,445 3,880 7,138 12,524 6150 MEDICARE 626 6160 EMPL.HEALTH & INS. BENEFIT 5,516 6,008 6,271 12,309 18,577 6105 TOTAL SALARIES & FRINGE BENEFI 45,724 60,440 72,861 162,463 213,433 6205 OFFICE SUPPLIES 38 1,106 1,500 2,000 6210 OPERATING SUPPLIES 3,703 11,719 4,159 247,300 200,000 6211 MOTOR FUELS & LUBRICANTS 757 169 837 4,500 6,000 6213 UNIFORMS & PERSONAL EQUIP 421 700 6216 SAFETY SUPPLIES 550 1,000 1,000 6218 COMPOST BAGS 3,180 60,778 100,800 105,000 6230 REPAIR & MAINTENANCE SUPPLIES 543 2,583 16,725 5,000 10,000 6231 EQUIPMENT PARTS 106 35 2,000 5,000 6245 SMALL TOOLS 254 500 6200 TOTAL SUPPLIES REPAIRS & MAIN 5,108 17,723 84,829 362,100 330,200 6301 PROFESSIONAL SERVICES 56,340 10,154 30,000 30,000 6305 OTHER CONTRACTUAL 12,761 75,939 24,891 50,000 35,000 6300 TOTAL CONSULTING 69,101 75,939 35,046 80,000 65,000 6310 COMMUNICATIONS 664 507 1,351 1,000 2,000 6311 POSTAGE 82 52 1,216 6,800 6,800 6320 TRAVEL SCHOOL CONFERENCE 7,618 1,805 5,086 7,850 8,900 6321 CAR ALLOWANCE - TRAVEL 1,680 1,680 6330 ADVERTISING 3,339 5,174 1,950 6,000 5,000 6340 PRINTING & PUBLISHING 93 1,079 6,307 2,200 4,000 6351 GENL LIABANSURANCE 223 6,000 8,000 6356 INSURANCE- DEDUCTIBLE COST 1,376 6360 UTILITIES 11,319 60,000 60,000 6361 REFUSE - LANDFILL CHARGES 128,625 132,623 67,347 130,000 130,000 6362 REFUSE - HAULING 237,996 248,144 129,468 320,216 320,000 6363 REFUSE - RECYCLING 129,825 124,982 81,552 119,525 120,000 S(0 • 09442 REFUSE WATER SEWER Dept. Code Description CITY OF HUTCHINSON -2002 BUDGET 1999 Actual 6364 RECYCLING -COMPOST BINS 6370 CONTRACT REPAIR & MAINTENANC 6380 RENTALS 6385 DATA PROC EQUIPMENT RENTAL 6388 CENTRAL GARAGE REPAIR 6306 TOTAL OTHER SERVICES & CHARG 6901 DUES & SUBSCRIPTIONS 6905 DEPRECIATION 6909 MISCELLANEOUS 6910 PERMITS 6900 TOTAL MISCELLANEOUS 7020 BUILDINGS 7025 IMPROV OTHER THAN BLDGS 7030 MACHINERY & EQUIPMENT 7000 TOTAL CAPITAL OUTLAYS 405 REFUSE & RECYCLING • 314 701 2,546 414 512,219 355 6,124 162 6,641 638,793 2000 6/30/01 2001 2002 Actual YTD Final Budget Amount Actual Budget Requested 1,000 1,000 12,879 49,987 15,000 10,000 863 3,070 5,000 15,000 11,482 6,585 10,000 541,189 365,238 682,271 702,380 955 937 500 1,500 13,705 155,000 155,000 900 1,232 2,000 2,000 75 15,634 2,169 157,500 158,500 662,043 6,000 75,219 56,000 542,585 270,100 174,550 1,279,847 270,100 236,550 710,925 1,839,989 1,714,434 1,706,063 %('0 g cF) CITY OF HUTCHINSON -2002 BUDGET 09442 REFUSE WATER SEWER Dept. 1999 2000 6/30/01 2001 2002 Code Description Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 406 WATER 6110 WAGES REG.EMPLOYEES 121,351 169,555 83,206 192,443 193,619 6112 OVERTIME REG.EMPLOYEES 2,627 4,212 3,672 3,500 4,500 6115 COLA/PERFORM 6,775 11,075 6120 WAGES PERM PART -TIME 5,790 5,656 3,358 19,000 6122 WAGES TEMPORARY EMPLOYEES 16,516 19,345 6,372 27,000 7,000 6130 COMP TIME PAID 163 737 15 6131 VACATION PAY 7,681 11,171 3,592 6132 HOLIDAY PAY 5,152 5,085 2,329 6133 SICK PAY 2,098 2,194 2,228 1,555 1,665 6141 PERA- COORDINATED 8,163 10,719 5,427 11,629 12,486 6145 FICA -CITY PORTION 12,332 16,116 6,847 17,174 17,272 6150 MEDICARE 1,079 6160 EMPL.HEALTH & INS. BENEFIT 19,938 19,216 10,817 25,011 24,579 6170 WORKERS COMP INSURANCE 2,724 1 1,161 2,500 3,000 6171 WORKERS COMP DEDUCTIBLE 1,039 1,000 6105 TOTAL SALARIES & FRINGE BENEFI 205,573 265,809 130,103 288,587 294,196 • 6205 OFFICE SUPPLIES 475 265 15 500 500 6210 OPERATING SUPPLIES 8,251 1,151 272 7,000 7,000 6211 MOTOR FUELS & LUBRICANTS 1,873 2,650 1,208 2,200 2,200 6212 CLEANING SUPPLIES 294 223 26 300 300 6213 UNIFORMS & PERSONAL EQUIP 2,017 2,017 913 2,600 2,600 6215 CHEMICALS & PRODUCTS 43,890 32,230 18,194 52,000 52,000 6216 SAFETY SUPPLIES 1,746 878 235 1,800 1,800 6230 REPAIR & MAINTENANCE SUPPLIES 1,447 1,997 156 2,000 2,000 6231 EQUIPMENT PARTS 4,709 8,868 3,485 7,000 7,000 6234 STREET MAINT.MATERIALS 167 6238 METERS & METER PARTS 24,458 25,967 14,568 20,000 20,000 6245 SMALL TOOLS 321 492 29 600 600 6200 TOTAL SUPPLIES REPAIRS & MAIN 89,482 76,906 39,103 96,000 96,000 6300 TOTAL CONSULTING 6301 PROFESSIONAL SERVICES 32,103 18,545 27,883 168,500 160,000 6305 OTHER CONTRACTUAL 6,831 2,866 1,125 7,000 20,000 6300 TOTAL CONSULTING 38,934 21,411 29,009 175,500 180,000 6306 TOTAL OTHER SERVICES & CHARGES 6310 COMMUNICATIONS 3,107 3,493 1,661 3,700 3,700 6311 POSTAGE 5,700 7,078 3,961 10,000 10,000 6320 TRAVEL SCHOOL CONFERENCE 7,227 6,354 5,192 8,350 10,000 6321 CAR ALLOWANCE - TRAVEL 1,680 1,680 6326 COMPUTER TRAINING 1,265 2,000 1,000 6340 PRINTING & PUBLISHING 2,461 1,886 162 2,000 2,000 6351 GENL LIABANSURANCE 5,498 5,563 2,375 8,000 8,000 6356 INSURANCE- DEDUCTIBLE COST 400 445 2,000 2,000 g cF) • 09442 REFUSE WATER SEWER Dept. Code Description • • CITY OF HUTCHINSON -2002 BUDGET 1999 2000 Actual Actual Amount Amou 6360 UTILITIES 72,501 87,098 6361 REFUSE - LANDFILL CHARGES 5,881 Budoet 6370 CONTRACT REPAIR & MAINTENANC 25,468 37,768 6380 RENTALS 125 187 6385 DATA PROC EQUIPMENT RENTAL 20,103 23,406 6388 CENTRAL GARAGE REPAIR 1,395 1,533 6306 TOTAL OTHER SERVICES & CHARG 151,131 174,810 6605 PRINCIPAL 100,000 6610 INTEREST 27,260 20,591 6615 PAYING AGENT FEES 327 6600 TOTAL DEBT SERVICE 27,587 20,591 6705 PERMANENT TRANSFERS 98,750 100,100 6700 TOTAL TRANSFERS OUT 98,750 100,100 6901 DUES & SUBSCRIPTIONS 996 1,290 6902 LICENSES & TAXES 4,115 25 6905 DEPRECIATION 207,514 219,744 6909 MISCELLANEOUS 434 546 6910 PERMITS 3,656 6912 DRUG TESTING 6900 TOTAL MISCELLANEOUS 216,714 221,605 7020 BUILDINGS 7025 IMPROV OTHER THAN BLDGS 7030 MACHINERY & EQUIPMENT 7000 TOTAL CAPITAL OUTLAYS 406 WATER 828,170 861,231 6/30/01 2001 2002 YTD Final Budget Actual Budoet Reaueste 8,679 30,000 30,000 605 500 700 8,136 25,000 25,000 185 2,200 2,200 72,261 180,430 181,280 35,000 40,000 9,184 18,368 16,705 500 9,184 53,868 56,705 100,000 53,000 100,000 53,000 1,364 1,300 1,500 5,000 5,000 220,000 220,000 99 1,000 1,000 3,604 4,800 4,800 150 150 5,066 232,250 232,450 220,000 70,000 460,000 524 22,200 11,700 524 242,200 541,700 285,251 1,368,835 1,635, 331 g(�) • CITY OF HUTCHINSON -2002 BUDGET 09442 REFUSE WATER SEWER Dept. 1999 2000 6/30/01 2001 2002 Code Description Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 407 WASTEWATER 6110 WAGES REG.EMPLOYEES 258,350 239,828 122,562 286,281 301,166 6112 OVERTIME REG.EMPLOYEES 14,019 11,400 9,458 6,200 10,000 6115 COLAIPERFORM 20,483 36,641 6120 WAGES PERM PART -TIME 26,816 18,262 12,213 22,000 24,000 6121 WAGES PERM PART -TIME OVERTIM 315 870 252 500 6122 WAGES TEMPORARY EMPLOYEES 12,703 21,377 8,498 27,000 28,000 6128 OVERTIME WAGE- TEMPORARY 104 211 200 200 6130 COMP TIME PAID 6,401 10,204 1,990 6131 VACATION PAY 17,146 12,997 6,000 6132 HOLIDAY PAY 12,585 11,001 4,039 6133 SICK PAY 6,188 3,511 2,447 903 1,115 6141 PERA- COORDINATED 17,153 15,995 8,318 17,746 20,183 6145 FICA -CITY PORTION 26,853 25,016 10,939 26,208 27,921 6150 MEDICARE 1,765 6160 EMPL.HEALTH & INS. BENEFIT 38,965 41,903 19,613 51,558 49,093 6170 WORKERS COMP INSURANCE 6,824 5,838 4,522 8,000 8,000 6171 WORKERS COMP DEDUCTIBLE 3,735 1,500 • 6105 TOTAL SALARIES & FRINGE BENEFI 448,157 418,414 212,614 468,079 506,819 6205 OFFICE SUPPLIES 4,284 4,204 2,057 4,500 4,500 6210 OPERATING SUPPLIES 16,279 20,327 9,401 28,000 28,000 6211 MOTOR FUELS & LUBRICANTS 8,497 13,437 6,636 8,500 10,000 6212 CLEANING SUPPLIES 2,534 2,470 898 4,300 4,300 6213 UNIFORMS & PERSONAL EQUIP 4,823 4,818 2,240 4,800 4,800 6214 SHOP MATERIALS 77 200 6215 CHEMICALS & PRODUCTS 61,961 55,078 13,827 54,000 54,000 6216 SAFETY SUPPLIES 3,932 3,806 2,910 4,000 5,500 6230 REPAIR & MAINTENANCE SUPPLIES 37,974 24,960 14,988 21,000 28,000 6231 EQUIPMENT PARTS 13,042 8,185 7,044 29,000 29,000 6232 TIRES 53 6245 SMALL TOOLS 906 2,391 1,264 1,000 1,000 6200 TOTAL SUPPLIES REPAIRS & MAIN 154,284 139,677 61,343 159,100 169,300 6300 TOTAL CONSULTING 6301 PROFESSIONAL SERVICES 2,054 7,761 104,874 97,000 111,000 6305 OTHER CONTRACTUAL 98,522 75,367 16,067 60,000 60,000 6300 TOTAL CONSULTING 100,577 83,128 120,940 157,000 171,000 6310 COMMUNICATIONS 9,556 9,474 5,502 8,000 9,500 6311 POSTAGE 8,400 7,265 4,567 8,500 9,000 6320 TRAVEL SCHOOL CONFERENCE 8,072 6,212 5,457 12,000 13,385 6321 CARALLOWANCE - TRAVEL 2,700 3,240 1,620 1,680 1,680 • 6325 MEETINGS 6326 COMPUTER TRAINING 1,265 S ( -F) • CITY OF HUTCHINSON -2002 BUDGET 09442 REFUSE WATER SEWER Dept. 1999 2000 6/30/01 2001 2002 Code Description Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 6330 ADVERTISING 192 180 450 450 6340 PRINTING & PUBLISHING 2,502 2,970 936 1,600 1,600 6351 GENL LIABANSURANCE 8,524 9,909 4,845 10,000 10,000 6356 INSURANCE - DEDUCTIBLE COST 11,629 2,050 8,000 8,000 6360 UTILITIES 175,348 204,489 123,014 300,000 260,000 6363 REFUSE - RECYCLING 6,929 6,929 4,170 8,000 6370 CONTRACT REPAIR & MAINTENANC 74,147 35,081 43,176 52,000 55,000 6380 RENTALS 992 1,481 375 12,000 10,000 6385 DATA PROC EQUIPMENT RENTAL 23,279 23,821 8,136 18,000 18,000 6388 CENTRAL GARAGE REPAIR 24,732 9,308 6,169 18,000 18,000 6306 TOTAL OTHER SERVICES & CHARG 346,445 332,001 210,197 450,230 422,615 6605 PRINCIPAL 565,000 565,000 665,000 6610 INTEREST 112,783 116,058 36,854 62,125 209,243 6600 TOTAL DEBT SERVICE 112,783 116,058 601,854 627,125 874,243 6700 TOTAL TRANSFERS OUT 6705 PERMANENT TRANSFERS 98,750 100,100 100,000 53,000 6700 TOTAL TRANSFERS OUT 98,750 100,100 100,000 53,000 6901 DUES & SUBSCRIPTIONS 1,093 740 859 1,100 1,600 • 6902 LICENSES & TAXES 5,500 15 4,500 5,500 8,000 6905 DEPRECIATION 629,227 644,425 700,000 700,000 6909 MISCELLANEOUS 1,654 8,271 922 7,500 7,500 6910 PERMITS 240 6,000 6,000 6912 DRUG TESTING 500 500 6920 REFUNDS & REIMBURSEMENTS 14,000 6995 CONTINGENCY 175 12,000 6900 TOTAL MISCELLANEOUS 637,649 653,451 6,521 746,600 723,600 7020 BUILDINGS 90,558 225,000 80,000 7025 IMPROV OTHER THAN BLDGS 750,851 754,000 1,629,500 7030 MACHINERY & EQUIPMENT 93,567 448,642 221,240 7000 TOTAL CAPITAL OUTLAYS 934,977 1,427,642 1,930,740 407 WASTEWATER 1,898,644 1,842,828 2,148,446 4,135,776 4,851,317 • S ('�) CITY OF HUTCHINSON • RESOLUTION NO. 11854 ADOPTING 2002 CENTRAL GARAGE FUND BUDGETS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT the annual Central Garage Budget for the City of Hutchinson for the fiscal year 2002, which has been submitted by the City Administrator and approved by the City Council is hereby adopted. The total of said budget and major division thereof being as follows: REVENUES AVAILABLE CURRENT REVENUE Labor 93,100 Parts 182,700 Vehicle Rent 283,855 Interest 1,400 Miscellaneous • Transfers 155,000 Gain on Sale of Equip. 11,500 TOTAL AVAILABLE $727,555 REQUIREMENT EXPENDITURES Personal Services 91,407 Supplies 111,575 Consulting 300 Other Services & charges 66,400 Depreciation 161,000 Miscellaneous 2,430 Capital Outlay 430,000 CENTRAL GARAGE FUND TOTAL $863,112 Adopted by the City Council this 21 st day of December 2001 Marlin Torgerson Mayor ATTESTED: • Gary D. Plotz City Administrator MR • CITY OF HUTCHINSON -2002 BUDGET CENTRAL GARAGE SUMMARY OF REVENUES Revised 10101 Dept 1999 2000 ode Description Actual Actual Amount Amount 06/30/01 YTD Actual 2001 Final Budget 2002 Budget Requested 4314 RENTS - EQUIPMENT - 174,332 - 181,032 - 141,943 - 283,885 - 277,257 4340 SALES OF PROPERTY - 12,865 -1,592 - 11,500 - 11,500 4250 TOTAL CHARGES FOR SERVIC - 187,197 - 182,624 - 141,943 - 295,385 - 288,757 4590 LABOR REVENUE - 56,085 - 87,082 - 31,120 - 93,100 - 93,100 4591 PARTS REVENUE - 106,459 - 116,546 - 64,668 - 182,700 - 182,700 4450 TOTAL SALES - 162,544 - 203,628 - 95,788 - 275,800 - 275,800 4625 INTEREST EARNED -1,413 -3,033 -1,594 -1,400 -1,400 4620 TOTAL INTEREST ON INVESTM -1,413 -3,033 -1,594 -1,400 -1,400 4720 REFUNDS & REIMBURSEMENT -7,660 - 15,314 - 23,420 4700 TOTAL REIMBURSEMENTS -7,660 - 15,314 - 23,420 4825 OTHER FUND TRANSFERS - 25,186 - 25,186 - 155,000 - 155,000 4800 TOTAL TRANSFER - 25,186 - 25,186 - 155,000 - 155,000 • 09601 CENTRAL GARAGE - 384,001 - 429,786 - 262,744 - 727,585 - 720,957 • <�(S� CITY OF HUTCHINSON -2002 BUDGET • 09601 CENTRAL GARAGE SUMMARY OF EXPENDITURES Dept. 1999 2000 06/30/01 2001 2002 ode Description Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 6110 WAGES REG.EMPLOYEES 36,548 50,991 30,215 72,846 70,008 6112 OVERTIME REG.EMPLOYEE 422 508 1,014 815 1,114 6115 COLA/PERFORM 3,005 2,488 6122 WAGES TEMPORARY EMPL 16 6130 COMP TIME PAID 72 6131 VACATION PAY 2,928 3,168 316 6132 HOLIDAY PAY 1,514 1,293 668 6133 SICK PAY 630 801 2,851 554 516 6141 PERA- COORDINATED 2,133 2,905 1,816 3,844 3,813 6145 FICA -CITY PORTION 3,175 4,246 2,258 5,677 5,631 6150 MEDICARE 375 6160 EMPL.HEALTH & INS. BENEF 5,533 5,551 3,126 6,230 7,837 6105 TOTAL SALARIES & FRINGE 52,898 69,535 42,640 92,971 91,407 6205 OFFICE SUPPLIES 43 158 312 450 450 6210 OPERATING SUPPLIES 23,832 7,587 5,264 36,000 32,000 6211 MOTOR FUELS & LUBRICAN 9,310 7,075 29,649 10,500 10,500 • 6212 CLEANING SUPPLIES 221 130 205 200 200 6213 UNIFORMS & PERSONAL EQ 625 732 277 1,200 1,200 6214 SHOP MATERIALS 586 341 442 500 500 6215 CHEMICALS & PRODUCTS 275 275 6216 SAFETY SUPPLIES 60 297 450 450 6230 REPAIR & MAINTENANCE SU 36,788 72,368 44,270 44,000 44,000 6231 EQUIPMENT PARTS 1,200 1,200 6232 TIRES 11,886 13,733 5,160 19,000 19,000 6236 SIGNS & STRIPPING MATER 136 18 6245 SMALL TOOLS 1,332 2,520 1,257 1,800 1,800 6200 TOTAL SUPPLIES REPAIRS & 84,818 104,662 87,135 115,575 111,575 6301 PROFESSIONAL SERVICES 300 300 6305 OTHER CONTRACTUAL 1,013 6300 TOTAL CONSULTING 1,013 300 300 6310 COMMUNICATIONS 4 6311 POSTAGE 141 159 87 250 250 6320 TRAVEL SCHOOL CONFERE 200 14 600 600 6340 PRINTING & PUBLISHING 340 144 350 350 6370 CONTRACT REPAIR & MAINT 41,666 36,003 30,588 69,000 65,000 6388 CENTRAL GARAGE REPAIR 200 200 6610 INTEREST 3,437 2,118 • 6306 TOTAL OTHER SERVICES & C 45,784 38,442 30,675 70,400 66,400 <�(S� • CITY OF HUTCHINSON -2002 BUDGET 09601 CENTRAL GARAGE SUMMARY OF EXPENDITURES Dept. 1999 2000 06/30/01 2001 2002 ode Description Actual Actual YTD Final Budget A mount Amount Actual Budget Requested 6901 DUES & SUBSCRIPTIONS 6905 DEPRECIATION 6909 MISCELLANEOUS 6995 CONTINGENCY 6900 TOTAL MISCELLANEOUS 7030 MACHINERY & EQUIPMENT 7000 TOTAL CAPITAL OUTLAYS 09601 CENTRAL GARAGE • • 506 561 575 600 600 138,508 172,175 161,000 161,000 22 11 300 300 1,500 1,530 139,036 172,747 575 163,400 163,430 -2,689 239,789 430,000 430,000 -2,689 239,789 430,000 430,000 322,537 383,710 400,815 872,646 863,112 (S� CITY OF HUTCHINSON • RESOLUTION NO. Lit�ss ADOPTING 2002 LIQUOR FUND BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT the annual Liquor Fund Budget for the City of Hutchinson for the fiscal year 2002, which has been submitted by the City Administrator and approved by the City Council is hereby adopted. The total of said budget and major division thereof being as follows: REVENUES AVAILABLE CURRENT REVENUE Liquor 1,057,650 Wine 404,510 Beer 1,976,000 Miscellaneous 111,000 Lottery Sales 15,000 Discounts (37,000) Interest 3,000 Refunds & Reimbursements TOTAL AVAILABLE $3,530,160 • REQUIREMENT EXPENDITURES Personal Services 389,153 Supplies 14,050 Consulting 4,000 Other Services & charges 88,200 Depreciation 27,000 Debt Service 34,060 Transfers 277,200 Cost of Sales 2,697,561 Miscellaneous 10,950 Capital Outlay 11,550 LIQUOR FUND TOTAL $3,553,724 Adopted by the City Council this 21st day of December 2001 Marlin Torgerson Mayor ATTESTED: Gary D. Plotz City Administrator • $�h) OF HUTCHINSON -2002 BUDGET • CITY 09441 LIQUOR FUND REVENUES Dept. 1999 2000 06/30/01 2001 2002 Code Description Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 4451 LIQUOR SALES - 900,491 - 940,050 - 455,510 - 995,000 - 1,057,650 4452 WINE SALES - 369,400 - 392,990 - 165,424 - 420,000 - 404,510 4453 BEER SALES - 1,562,851 - 1,687,021 - 878,929 - 1,805,000 - 1,976,000 4454 BEER DEPOSITS -555 320 -674 4460 MISC SALES - 116,189 - 111,962 - 51,660 - 115,000 - 111,000 4465 LOTTERY SALES - 13,694 - 13,643 -5,319 -2,300 - 28,000 4466 LOTTERY PAY OUTS 12,903 11,231 7,386 13,000 4470 CASH DISCOUNTS 31,874 39,928 22,822 - 31,200 37,000 4450 TOTAL SALES - 2,918,403 - 3,094,187 - 1,528,308 - 3,368,500 - 3,527,160 4625 INTEREST EARNED -7,203 -9,292 -4,731 -9,000 -3,000 4620 TOTAL INTEREST ON INVESTMENT -7,203 -9,292 -4,731 -9,000 -3,000 4720 REFUNDS & REIMBURSEMENTS -1,326 -2,858 -143 4700 TOTAL REIMBURSEMENTS -1,326 -2,858 -143 TOTAL REVENUE - 2,926,931 - 3,106,338 - 1,533,182 - 3,377,500 - 3,530,160 • $�h) g (V) CITY OF HUTCHINSON -2002 BUDGET 09441 LIQUOR FUND Dept. 1999 2000 06/30/01 2001 2002 Code Description Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 6110 WAGES REG.EMPLOYEES 75,819 81,733 55,983 124,605 166,920 6112 OVERTIME REG.EMPLOYEES 398 2,530 676 6115 COLA/PERFORM 31,533 21,248 6120 WAGES PERM PART -TIME 109,069 108,210 58,086 70,000 128,482 6121 WAGES PERM PART -TIME OVERTIME 49 5 6122 WAGES TEMPORARY EMPLOYEES 8,259 2,029 6130 COMP TIME PAID 195 17 6131 VACATION PAY -1,157 2,380 2,865 6132 HOLIDAY PAY 4,968 3,796 2,315 6133 SICK PAY 1,224 1,140 651 6141 PERA- COORDINATED 10,006 10,519 6,259 10,080 16,336 6145 FICA -CITY PORTION 14,840 15,735 8,034 14,887 22,599 6150 MEDICARE 1,278 6160 EMPL.HEALTH & INS. BENEFIT 14,004 11,728 8,720 30,592 30,068 6165 UNEMPLOYMENTINSURANCE 500 500 6170 WORKERS COMP INSURANCE 1,962 1,696 1,482 3,000 3,000 6171 WORKERS COMP DEDUCTIBLE 1,210 6105 TOTAL SALARIES & FRINGE BENEFI 232,391 247,929 148,395 285,197 389,153 • 6205 OFFICE SUPPLIES 147 1,000 4,200 6210 OPERATING SUPPLIES 16,803 12,333 8,898 13,000 6,000 6211 MOTOR FUELS & LUBRICANTS 60 6212 CLEANING SUPPLIES 123 18 300 300 6213 UNIFORMS & PERSONAL EQUIP 1,000 1,000 6230 REPAIR & MAINTENANCE SUPPLIES 258 898 194 800 1,800 6231 EQUIPMENT PARTS 175 500 6245 SMALL TOOLS 163 200 250 6200 TOTAL SUPPLIES REPAIRS & MAIN 17,407 13,570 9,092 16,300 14,050 6301 PROFESSIONAL SERVICES 4,000 10,740 5,800 4,000 4,000 6305 OTHER CONTRACTUAL 30 6300 TOTAL CONSULTING 4,000 10,770 5,800 4,000 4,000 6310 COMMUNICATIONS 1,407 2,299 1,153 2,000 2,400 6311 POSTAGE 1,194 1,396 765 1,300 1,400 6320 TRAVEL SCHOOL CONFERENCE 2,042 3,003 1,296 2,200 5,200 6325 MEETINGS 1,220 1,054 1,054 1,300 1,600 6326 COMPUTER TRAINING 1,500 1,500 6330 ADVERTISING 32,882 33,005 20,249 30,000 33,500 6340 PRINTING & PUBLISHING 51 418 14 500 500 6351 GENL LIAB.- INSURANCE 8,013 7,464 364 10,000 10,500 6360 UTILITIES 13,128 16,288 8,379 18,000 17,000 6363 REFUSE - RECYCLING 219 67 500 900 is 6370 CONTRACT REPAIR & MAINTENANCE 10,462 9,019 3,270 12,000 12,000 6380 RENTALS 160 106 751 350 200 g (V) • 09441 Dept. Code LIQUOR FUND Description CITY OF HUTCHINSON -2002 BUDGET 1999 2000 06/30/01 2001 2002 Actual Actual YTD Final Budget Amount Amount Actual Budget Requested 6385 DATA PROC EQUIPMENT RENTAL 1,528 1,243 1,500 6306 TOTAL OTHER SERVICES & CHARGES 72,087 75,514 37,362 79,650 88,200 6605 PRINCIPAL 30,000 30,000 30,000 6610 INTEREST 7,371 6,525 5,800 5,800 4,060 6600 TOTAL DEBT SERVICE 7,371 6,525 35,800 35,800 34,060 6705 PERMANENT TRANSFERS 225,000 251,000 264,000 277,200 6700 TOTAL TRANSFERS OUT 225,000 251,000 264,000 277,200 6804 CASH SHORTAGE 928 4,606 660 6810 COST OF SALES - LIQUOR 698,895 713,579 429,814 770,379 819,059 6811 COST OF SALES -WINE 237,494 267,973 137,117 277,012 263,771 6812 COST OF SALES -BEER 1,235,575 1,319,243 740,366 1,409,685 1,532,127 6813 COST OF MIX & SOFT DRINKS 63,262 84,847 34,385 71,558 68,104 6815 CASE DEPOSITS - 13,154 - 11,653 -5,147 6816 FREIGHT 11,265 13,732 7,223 14,000 14,500 6800 TOTAL COST OF SALES 2,234,265 2,392,327 1,344,417 2,542,634 2,697,561 • 6901 6902 DUES & SUBSCRIPTIONS LICENSES & TAXES 1,000 150 727 566 1,200 4,000 6905 DEPRECIATION 26,133 23,700 27,000 27,000 6909 MISCELLANEOUS 509 401 243 1,500 1,500 6911 LICENSES 270 400 150 450 6920 REFUNDS & REIMBURSEMENTS 87 6995 CONTINGENCY 2,500 5,000 5,000 6900 TOTAL MISCELLANEOUS 28,062 25,228 3,396 34,850 37,950 7030 MACHINERY & EQUIPMENT 2,093 20,000 11,550 7000 TOTAL CAPITAL OUTLAYS 2,093 20,000 11,550 6001 EXPENDITURES 2,820,583 3,022,864 1,586,354 3,282,431 3,553,724 • gth) CITY OF HUTCHINSON 19 -Deo-01 MUNICIPAL LIQUOR DISPENSARY 2002 pro forma 2002 SALES LIQUOR 1,057,650.00 WINE 404,510.00 BEER 1,976,000.00 MISCELLANEOUS 111,000.00 QUANTITY DISCOUNTS (37,000.00) TOTAL 3,512,160.00 COST OF SALES 2,697,561.00 GROSS PROFIT 814,599.00 23.19% OPERATING EXPENSE SALARIES 9.02% 316,650.00 EMPLOYEE BENEFITS 2.06% 72,503.00 OPERATING SUPPLIES 6,000.00 OFFICE SUPPLIES 4,200.00 CLOTHING & PERSONAL EQUIPMENT 300.00 LOGIS - COMPUTER OPERATIONS 3,000.00 MAINTENANCE - SUPPLIES 3,300.00 SMALL TOOLS 250.00 DEPRECIATION 27,000.00 COMMUNICA 3,800.00 UTILITIES 17,900.00 MAINTENANCE & ALARM & CONSULTING 16,000.00 PRINTING 50000 GENERAL LIABILITY INSURANCE 10,500.00 TRAVEL, SCHOOL & CONFERENCES 6,800.00 ADVERTISING 33,500.00 DUES & SUBSCRITIONS 4,00000 RENTALS 200.00 MISC. 6,950.00 TOTAL OPERATING EXPENSE 533,353.00 OPERATING INCOME 8.01% 281,246.00 OTHER REVENUES I EXPENSES MISC. - Lottery 15,0D0.00 Sale of Property 0.00 Contributions & Donations 0.00 INTEREST - INCOME 3,000.00 INTEREST - EXPENSE (4,060.00) TOTAL OTHER 13,940.00 NET INCOME 295 TRANSFER TO GENERAL FUND 277,200.00 NET INCOME - (after transfer) 17,986.00 ?�(�� CITY OF HUTCHINSON RESOLUTION NO. 11856 • RESOLUTION ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR 2002 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the annual Capital Projects fund budget of the City of Hutchinson for the fiscal year 2002 which has been submitted by the City Administrator and approved by the City Council is hereby Adopted: the total of said budgets and major division thereof being as follows: REVENUES AVAILABLE CURRENT REVENUE Transfers In $325,000 Interest 3,000 TOTAL AVAILABLE $328,000 REQUIREMENTS APPROPRIATIONS Capital Outlays Building $52,000 Improvement Other than Bldg. $15,000 Machinery & Equipment $158,970 Total Appropriations $225,970 Adopted by the City Council this 21st day of December 2001 Marlin Torgerson Mayor ATTESTED: Gary D. Plotz City Administrator 0 CITY OF HUTCHINSON 2001 BUDGET CAPITAL IMPROVEMENTS FUND (9301) • 1999 2000 2001 ACTUAL ACTUAL BUDGET REVENUE PERMANENT TRANSFER ELECTRIC /GAS UTIL $275,000 Utility Transfer per Resolution ( bleacher) $107,000 INTEREST - 10,038 AIRPORT AID 10,797 MIGHTY DUCKS GRANT 191,500 DONATIONS - TOTAL REVENUE $594,335 EXPENDITURE CAPITAL OUTLAY CAPITAL OUTLAY - General Government 61,976 - Public Safety 313,749 - Streets & Highways 15,883 - Cluture & Recreation 241,773 - Economic Development - Miscellaneous FEMA - Elevator Grant Civic Arena Heating system Public Safety - training building Data Processing FIRE DEPARTMENT - 1/2 van puchase PARKS - North Park Re P OOL & R EC R EATIO N POOL & RECREATION POLICE - E 911 U AIRPORT - Apron Extei City Center A Handler City Center -Filing Sys1 Fi Department - truck _Rec reation Building - Di Police - CAD Records L BLDG. - Water Filter 6/30101 2002 Y. T. D. BUDGET Actual 489,000 308,500 5,910 5,000 12,752 58,500 6,000 $559,410 $313,500 $12,752 71,621 14,015 14,237 201,474 5,677 5,340 11 11,300 50,308 950 r � $328,000 _ 40,000 1.040 20.000 Park - Roberts Park Fencing 15,D00 TOTAL EXPENDITURES $633,381 $312,364 $330,868 $133,791 $225,970 REVENUES OVER (UNDER) EXPENDITURES (39,046) 247,046 (17,368) (121,039) 102,030 FUND BALANCE $20,089 $267,135 $249,767 • g(-6 • RESOLUTION NO. 11857 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Hutchinson that the street hereinafter described should be designated a Municipal State Aid Street under the provisions of Minnesota Law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Hutchinson that the road described as follows, to-wit: Beginning at the intersection of the centerline of Washington Avenue with the east line of Trunk Highway No. 15 (Main Street), thence east along the centerline of said Washington Avenue for approximately 1000 feet to its intersection with the west line of Adams Street and there terminating (Control Section No. 4307/Release No. 1208/Effective 02/15/01); be, and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Administrator is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Hutchinson to be numbered and known as 133 - 110 -030. 4) Adopted this 21st day of December, 2001. Attest: City Administrator Gary Plotz Mayor Marlin Torgerson CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on December 21 st, 2001. (SEAL) • City Administrator Gary Plotz City of Hutchinson • • • • 0 CITY OF HUTCHINSON 12/20/2001 15:09:51 R55APPYREG AP Payment Register Page - 1 9999.1015 12/20/2001 Check Date TyPe Vendor Name Amount 1212012001 107980 ' 105272 A & K REPAIR 79.88 12/20/2001 107981 111315 ABBEY PRESS COMPANIES 68.84 12/20/2001 107982 102345 ACOMA TOWNSHIP 81.10 12/20/2001 107983 101876 AETNA VARIABLE LIFE ASS. CO. 740.00 12/20/2001 107984 102217 ALLIED SERVICES OF HUTCHINSON 481.20 1212012001 107985 101919 AMERICAN FAMILY INS CO. 86.82 12/20/2001 1079861 102273 ARNOLD'S OF GLENCOE 410.25 12/20/2001 1079871 111041 JARROW TERMINAL LLC 28.10 12/2012001 107988 103032 ASPEN EQUIPMENT CO 985.13 12/20/2001 107989 102303 AUGUSTA BUILDING CORP 47494.28 12/20/2001 107990 101926 BARR ENGINEERING CO 692.35 12/20/2001 107991 109638 BARRETH TRUCKING 4840.00 12/20/2001 107992 110623 BARSNESS ARTHUR 5.00 12/20/2001 107993 102367 BELLBOY CORP 945.95 12/20/2001 107994 102039 BENNETT OFFICE TECHNOLOGIES 15.00 12/20/2001 1079951 102255 BERKLEY RISK SERVICES 800.00 12120/2001 1079961 101916 BERNICK COMPANIES THE 99.00 12/20/2001 1079971 11 1325 BUILDERS ASSOC OF MINNESOTA 80.00 12/20/2001 107998 102456 C & L DISTRIBUTING 30324.49 12/20/2001 107999 104391 CENTRAL HYDRAULICS 505.21 12/20/2001 108000 104827 CHALUPSKY DODIE 20.00 12/20/2001 108001 101927 CHRISTENSEN REPAIR 2.00 12/20/2001 108002 111322 CLARKWILLIAM 34.48 12/20/2001 108003 102213 COMMISSIONER OF TRANSPORTATI 624.60 12/20/2001 108004 102484 CORPORATE EXPRESS 154.91 12/20/2001 108005 102050 CROW RIVER AUTO 3580.97 12/2012001 108006 103168 CROW RIVER COUNTRY CLUB 710.78 12/2012001 108007 102289 CROW RIVER GLASS 129.12 12/20/2001 108008 104879 CROW RIVER TITLE 18000.00 12/20/2001 108009 108869 DAHLGREN SHARDLOW & UBAN 14504.31 12/20/2001 108010 102488 DAY DISTRIBUTING 2249.05 1212012001 108011 105182 DOBRATZ CHRIS 566.33 12/20/2001 1080121 102275 DPC INDUSTRIES INC 427.62 12/20/2001 1080131 111316 DUNHAM STEVE 50.00 12/20/2001 1080141 102495 EBERT PAT 6.84 12/20/2001 108015 102726 ECOLAB PEST ELIM 42.60 12/20/2001 108016 102356 ELECTRO WATCHMAN 2563.86 12/20/2001 108017 102648 ELVIN SAFETY INC 148.69 12/20/2001 108018 110034 EXTREME BEVERAGE 96.00 1212012001 108019 105371 FENSKE BRUCE 60.00 12/20/2001 108020 102526 G & K SERVICES 2312.48 12/20/2001 108021 1 111313 GOVT 0001 124.00 12/20/2001 108022 105562 GRANIT BRONZ 92.66 12/20/2001 108023 101875 GREAT WEST LIFE INS. CO. 300.00 12/20/2001 108024 111229 GREIVE BARRY 23.77 • 0 12/20/2001 108025 101874 GRIGGS & COOPER & CO 4979.07 12/20/2001 108026 111320 GUIDANCE SOFTWARE INC 4000.00 12/20/2001 108027 104448 GULF STATE DISTRIBUTORS 225.70 12/20/2001 108028 101872 H.R.L.A.P.R. 1 247.79 12/20/2001 108029 102451 HANSEN DIST OF SLEEPY EYE 2978.30 12/20/2001 108030 101958 HANSON & VASEK CONSTRUCTION 1107.00 1212012001 108031 104756 HARMON AUTOGLASS 414.25 12/20/2001 108032 102401 HART'S AUTO SUPPLY 1 62.96 12/20/2001 108033 103845 HASSAN VALLEY 281.78 12/20/2001 108034 105493 HEARTLAND TIRE & SERVICE 297.33 12/20/2001 108035 103240 HEMMAH KATHY 72.95 12/20/2001 108036 102531 HENRYS FOODS INC 652.84 12/20/2001 108037 101915 HERMEL WHOLESALE 124.13 12/20/2001 108038 102518 HILLYARD FLOOR CARE/HUTCHINSO 436.72 12/20/2001 108039 111035 HOISINGTON KOEGLER GROUP INC 9232.61 12/20/2001 108040 102119 HOLT MOTORS INC 40.90 1212012001 108041 102961 HRA 36092.67 12/20/2001 108042 108389 HUTCHINSON AUTO CENTER 1.25 12120/2001 108043 105329 HUTCHINSON BUMPER TO BUMPER 6.37 12/20/2001 108044 102533 HUTCHINSON CONVENTION & VISITO 170.63 12/20/2001 108045 102545 HUTCHINSON FIRE & SAFETY 95.50 12/20/2001 108046 111309 HUTCHINSON HIGH SCHOOL 100.00 1212012001 108047 102537 HUTCHINSON LEADER 84.00 12/20/2001 108048 111319 HUTCHINSON MIDDLE SCHOOL 100.00 12120/2001 108049 102540 HUTCHINSON PLUMBING & HEATING 280.81 12/20/2001 108050 102805 HUTCHINSON SAFETY COUNCIL 250.00 12/20/2001 108051 102541 HUTCHINSON TELEPHONE CO 1087.14 12/20/2001 108052 103846 HUTCHINSON TOWNSHIP 87.85 12/20/2001 108053 102542 HUTCHINSON UTILITIES 33987.04 12/20/2001 108054 105161 HUTCHINSON UTILITIES 21304.26 12/20/2001 108055 102543 HUTCHINSON WHOLESALE 2183.45 1212012001 108056 102038 HUTCHINSON CITY OF 7250.00 12/20/2001 108057 102038 HUTCHINSON CITY OF 4050.00 12/20/2001 108058 102038 HUTCHINSON CITY OF 34922.00 12/20/2001 108059 102038 HUTCHINSON CITY OF 117445.00 12120/2001 108060 102072 HUTCHINSON CITY OF 23657.09 12120/2001 108061 102633 HUTCHINSON CITY OF 2320.45 12/20/2001 108062 102635 HUTCHINSON CITY OF 97.17 12/20/2001 108063 102771 HUTCHINSON CITY OF 10595.28 12/20/2001 108064 102988 HUTCHINSON CITY OF 65000.00 12120/2001 108065 103099 HUTCHINSON CITY OF 915.70 12/20/2001 108066 101873 ICMA RETIREMENT TRUST 2723.46 12/20/2001 108067 103985 IMPRESSIONS INC 1 225000.00 12/20/2001 108068 102779 INDEPENDENT SCHOOL DIST. #423 47.00 12/20/2001 108069 102554 JERABEK MACHINE SERV 5.62 12/20/2001 108070 101938 JOHNSON BROTHERS LIQUOR CO. 6972.17 12/20/2001 108071 102346 JOHNSON LEONARD G. 812.76 12/20/2001 108072 102555 JUUL CONTRACTING CO 180.00 12/20/2001 108073 102555 JUUL CONTRACTING CO 400.00 12/20/2001 108074 102555 JUUL CONTRACTING CO 555.00 12/20/2001 108075 102555 JUUL CONTRACTING CO 275.00 12/20/20011 1080761 1 103114 KLOSSTOM 82.25 • • • 12/20/2001 108077 103175 KOCI STAN 1 19.25 12120/2001 108078 111310 LAKE MARION BALLROOM 214.09 12/20/2001 108079 101974 LENNEMAN BEVERAGE DIST. INC 2743.35 1212012001 108080 101984 LOCHER BROTHERS INC 20503.20 12/20/2001 108081 103086 LYNN TOWNSHIP 2888.96 12/20/2001 108082 109380 M SHANKEN 60.00 12/20/2001 108083 102145 M -R SIGN 1 126.12 12/20/2001 108084 102573 MCLEOD COOP POWER 1545.14 12/20/2001 108085 101831 MCLEOD COUNTY SHERIFF'S OFFICE 25.00 12/20/2001 108086 101831 MCLEOD COUNTY SHERIFF'S OFFICE 25.00 12/20/2001 108087 111318 MERRILL FLORENCE 5.00 12/20/2001 108088 102337 MIDWEST MEDIA INC. 339.00 12/20/2001 108089 102425 MIDWEST WIRELESS COMM. 847.83 12/20/2001 108090 102449 MINNESOTA CHILD SUPPORT PAYMEI 175.81 12/20/2001 108091 101992 MINNESOTA DEPT OF HEALTH 185.00 12/20/2001 108092 101992 1 MINNESOTA DEPT OF HEALTH 220.00 12/20/2001 108093 101826 MINNESOTA DEPT OF NATURAL RESC 32.00 12/20/2001 108094 111317 MINNESOTA HOUSING 1 4930.76 12/2012001 108095 105157 MINNESOTA SHREDDING 109.90 12/20/2001 108096 102583 MINNESOTA VALLEY TESTING LAB 293.00 12/20/2001 108097 104583 MOBILE- VISION INC 1907.95 12/20/2001 108098 102666 MOON DOLF 42.24 12/20/2001 108099 101914 NCPERS LIFE INS. 408.00 12/20/2001 108100 1021801 NORTHERN SAFETY TECHNOLOGY 125.56 12/20/2001 108101 102591 NORTHERN STATES SUPPLY INC 142.24 12/20/2001 108102 102487 OFFICEMAX 1 101.14 12/20/2001 108103 102490 OFFICEMAX CREDIT PLAN 20.74 12/20/2001 108104 102483 OTTO ASSOCIATES 1 1197.25 12/20/2001 108105 102187 PAUSTIS & SONS WINE CO 1225.51 12/20/2001 108106 102596 PETERSON BUS SERVICE 508.03 12/20/2001 108107 101853 PHILLIPS WINE & SPIRITS 2546.34 12/20/2001 108108 102373 PINNACLE DISTRIBUTING 268.79 12120/2001 108109 102167 PITNEY BOWES 1 1219.49 12/20/2001 108110 105428 PIZZA HUT /SKY VENTURES LLC 156.15 12/20/2001 108111 111046 POSSMANN NORTH AMERICA INC 98.00 12/20/2001 108112 111324 PRESSLER TOM 1 160.00 12/20/2001 108113 102157 PRINCE OF PEACE SENIOR APT. IN 11196.90 12/20/2001 108114 101877 PRUDENTIAL 1 75.00 12/20/2001 108115 102096 PRUDENTIAL MUTUAL FUNDS 30.00 12120/2001 108116 102615 PUBLIC EMPLOYEES 19401.12 12/20/2001 108117 102598 QUADE ELECTRIC 237.06 12/20/2001 108118 102052 QUALITY WINE & SPIRITS CO. 497.03 12/20/2001 108119 102604 R & R SPECIALTIES INC 175.54 12/20/2001 108120 102205 R.C. TRANSFER 567.30 12/20/2001 108121 104844 REID SANDRA 34.28 12/20/2001 108122 102600 RUTZ PLUMBING & HEATING 27.50 12/20/2001 108123 102436 SARA LEE COFFEE & TEA 192.40 12/20/2001 108124 111321 SCHLUETER LORI 928 12/20/2001 108125 102606 SCHMELING OIL CO 4664.63 12/20/2001 108126 109801 SCOTT'S WINDOWS 42.60 12/20/2001 108127 101892 SEH 1 25427.29 12/20/2001 108128 102637 SEVEN WEST WASH & DRY 67.80 • • 12/20/2001 108129 102609 SHOPKO 1 1 11.48 12/20/2001 108130 107538 SMALL CITIES PUBLISHING 105.00 12/2012001 108131 102747 ST. JOSEPH'S EQUIPMENT INC 294.64 12/20/2001 108132 102612 STANDARD PRINTING 465.90 12/20/2001 108133 105103 SUBWAY -SOUTH 191.70 12/20/2001 108134 101879 TEMPLETON INC 169.95 12/20/2001 108135 102618 TOWN & COUNTRY TIRE 604.96 12/20/20011 108136 110548 TRAPP MICHELLE R. I 3477.30 12/20/2001 108137 102454 TRI- COUNTY BEVERAGE & SUPPLY 6.00 12/20/2001 108138 102126 TRUE VALUE 857.30 12/20/2001 108139 102619 TWO WAY COMM INC 421.74 12/20/2001 108140 102624 UNITED BUILDING CENTERS 23.93 12/20/2001 108141 102359 US FILTER DISTRIB GROUP 303.32 12/20/2001 108142 102419 VALLEY SALES OF HUTCHINSON 91.91 12/20/2001 108143 102069 VESSCO INC 1331.34 12/20/2001 108144 102132 VIKING COCA COLA 373.51 12/20/2001 108145 103274 WAGNER JENNIFER 34.28 12/20/2001 108146 102165 WELCOME NEIGHBOR 60.00 12/20/2001 108147 103452 WINE COMPANY THE 1616.00 12/20/2001 108148 102640 W M MUELLER & SONS 1176.15 12/20/2001 108149 105318 XPECT FIRST AID 95.49 Pa ment T e Total 879662.39 Report Totals 879662.39 R55APPYREG LOG20000 CITY OF HUTCHINSON 12/18/01 16:25:33 9999.1015 AP Payment Register Pape - 1 12118ro1 12116ro1 i Check Date Type Ch # Vendo Name Amount Vold Amount Payment Type 12118/11 PK 107967' 111313 GOVT 0001 248.00 Check Payment 12/18 PK 107968 101988 HED, MARILYN 196.20 Check Payment 1211&01 PK 107959 111311 HUBBELL/TYNER 82.39 Check Payment 12/18/01 PK 107970 111309 HUTCHINSON HIGH SCHOOL 100.00 Check Payment 12/18/01 PK 107971 101869 HUTCHINSON, CITY OF 1,831.00 Check Payment 12/18!01 PK 107972 101869 HUTCHINSON, CITY OF 51.50 Check Payment 12/18/01 PK 107973 102696 HUTCHINSON, CITY OF 293.73 Check Payment 12118/01 PK 107974 111310 LAKE MARION BALLROOM 1,785.02 Check Payment 12/18/01 PK 107975 102489 MCLEOD COUNTY COURT ADMINISTRA 1,005.00 Check Payment 12/18101 PK 107976 111312 MINNEAPOLIS CONVENTION CENTER 87.00 Check Payment 12/18101 PK 107977 110916 MINNESOTA NURSERY B LANDSCAPE 225.00 Check Payment 12/18/01 PK 107978 102052 QUALITY WINE 8 SPIRITS CO. 4,798.78 Check Payment 12/18/01 PK 107979 105122 WASTE MANAGEMENT 139.64 Check Payment Payment Type Total 10,843.26 Report Totals 10,643.26 T rrrn ed; a+e- Ra - Skip In Check Sequence or Duplicate Check =Void ELECTRONIC FUNDS TRANSFERS • 12/21/01 H.A.T.S. FUND MN DEPT OF REVENUE -FUEL TAX 1225.40 WATER/SEWER MN DEPT OF REVENUE -SALES TAX 6,816.00 GNRL FUND MN DEPT OF REVENUE -ARENA SALES TAX 217.00 LIQUOR FUND MN DEPT OF REVENUE- LIQUOR SALES TAX 24,755.00 • 11129/01 MEMO TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: DECEMBER WIRE TRANSFER The following funds need to be wired - interest payments December 1, 2001 Send 12/3/01 Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066 - 026776 OBI FIELD - PA 50317950 1992 Tax Increment Bonds 12,963.75 1994 Wastewater Refunding 25,271.25 2000 Electric G O Temp Bonds 100,000.00 138,235.00 The following funds need to be wired - PRINCIPAL payments • Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Redemption Deposit for 12/1 City of Hutchinson, Mn, Account # 066 - 027 -306 OBI FIELD - PA 50317950 1992 Tax Increment Bonds 1994 Wastewater Refunding El i ii (FAX of bond document must be made at same time for principal payment) • � M Hutchinson Area Health Care Hutcbinson Community Hospital Burns Maxtor Nursing Home • Dassel Medical Center 1095 Highway 15 South December 19, 2001 Hutchinson, MN 55350 (320) 234 -5000 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: - to The Board of Directors of Hutchinson Area Health Care (HAHC), as part of their regular meeting on December 18, 2001, considered a request for purchase of a new AMSCO Orthopedic & Fracture Table. The following is an excerpt from the minutes of that meeting. 0 " Amsco Orthopedic & Fracture Table. The board reviewed the capital expenditure request for a replacement orthopedic fracture table. The present operating table is about 20 years old, very heavy and cumbersome for staff to move room to room. Patient positioning is difficult and procedures are limited due to table structure. Our plan addresses the recruitment of additional orthopedic coverage for HAHC and this technology would support keeping patients here for their hip and upper leg fracture management. We intend to purchase this equipment thorough our major buying group, VHA, for a cost of 529,154.10. • Following discussion, Hoversten made a motion, seconded by Fortun, to request authority from the City Council to purchase a new hydraulic fracture table from AMSCO in the amount of $29,154.10. All were in favor. Motion carried." Thank you, in advance, for consideration of this request. Duane Hoversten will be able to address questions you may have regarding this item at your meeting on Friday. Sincerely, CHINSON AREA HEALTH CARE LPhih Zves President /cs 0