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cp04-08-2008 c
AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 8, 2008 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Mick Murphy, Oak Heights Covenant Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MARCH 25, 2008 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2008 2. PLANNING, ZONING AND BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13374 — RESOLUTION RELEASING PLEDGED SECURITIES FROM BREMER BANK, N.A. 2. RESOLUTION NO. 13375 — RESOLUTION RELEASING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST COMPANY 3. ORDINANCE NO. 08 -0499 — AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR APRIL 22, 2008) (c) CONSIDERATION FOR APPROVAL OF ISSUING MASSAGE LICENSE TO JENNIFER MAGALLON LOCATED AT 18 MAIN STREET SOUTH (d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO TNT FIREWORKS FROM JUNE 22, 2008 TO JULY 5, 2008, IN THE WALMART PARKING LOT (e) CONSIDERATION FOR APPROVAL OF PREMISELPERMIT RENEWAL APPLICATION FOR AMERICAN LEGION POST 96 LOCATED AT 35 3 AVENUE SE TO OPERATE GAMBLING DEVICES (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE 2 — LETTING NO. 2, PROJECT NO. 08-02 (ORDER PREPARATION OF REPORT ON IMPROVEMENT AND RECEIVING REPORT AND CALLING FOR HEARING) (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda PUBLIC HEARINGS — 6:00 P.M. - NONE COMMUNICATIONS, REQUESTS AND PETITIONS CITY COUNCIL AGENDA —APRIL 8, 2008 m . (a) ON SALE INTOXICATING LIQUOR SALES O� 0 A.M. (SECOND READING ADING AN ADOPTION) Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF UPDATED CITY SPECIAL ASSESSMENT POLICY Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SELLING ENGINE #9 AS REQUESTED BY THE HUTCHINSON FIRE DEPARTMENT Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF REVISING HUTCHINSON UTILITIES COMMISSIONERS' SALARIES Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF TKDA CONSULTING SERVICES AGREEMENT FOR 2008 RUNWAY SAFETY IMPROVEMENTS Action — Motion to reject — Motion to approve (d) PRESENTATION OF PUBLIC WORKS 2007 YEAR END REPORT 40 No action (e) CONSIDERATION FOR APPROVAL OF LETTER TO RESIDENTS SUPPORTING AN INCREASE IN STATE FUNDING FOR LOCAL GOVERNMENT AID Action — Motion to reject — Motion to approve 11. MISCELLANEOUS 12. ADJOURN 40 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MARCH 25, 2008 1. CALL TO ORDER — 5:30 P.M. Mayor Cook - called the meeting to order. Members present were Casey Stotts, Kay Peterson and Jim Haugen. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Randy Freund, Faith Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Police Chief Dan Hatten recognized two citizens that had aided a domestic violence victim. Joseph Perelli and Gary Smith detained a male suspect for the police after witnessing a domestic altercation. Chief Hatten publicly recognized the two individuals for their bravery and outstanding citizenry. 5. MINUTES (a) REGULAR MEETING OF MARCH 11, 2008 Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. PLANNING COMMISSION MINUTES FROM FEBRUARY 19, 2008 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM FEBRUARY 19, 2008 3. CITY OF HUTCHINSON FINANCIAL REPORT FOR FEBRUARY 2008 4. CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13370 — RESOLUTION FOR PURCHASE (CRACK SEALANT AND BIODIESEL) 2. ORDINANCE NO. 08 -0497 — AN ORDINANCE TO AMEND THE HUTCHINSON CITY CODE CHAPTER 54 AMENDING LANGUAGE IN SECTION 54.2 STORMWATER MANAGEMENT PLAN APPROVAL STANDARDS (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 08 -0498 — AN ORDINANCE AMENDING HUTCHINSON CITY CODE SECTION 72.06(E) PERTAINING TO TRUCK PARKING RESTRICTIONS (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY AND FINAL ONE -LOT PLAT OF PEACE LUTHERAN ADDITION, CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF THE CHURCH, AND SETBACK VARIANCE REQUESTED BY PEACE LUTHERAN CHURCH, 400 FRANKLIN STREET SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT • RESOLUTION NO. 13358) 5(0) CITY COUNCIL MINUTES — MARCH 25, 2008 2. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HUNSTAD � DDITION REQUESTED BY DAVE HUNSTAD TO COMBINE TWO LOTS LOCATED ON 13 AVENUE NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13359) 3. CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT POLE TYPE AIRCRAFT HANGARS IN THE INDUSTRIAL /COMMERCIAL DISTRICT LOCATED AT THE HUTCHINSON AIRPORT REQUESTED BY CITY OF HUTCHINSON MUNICIPAL AIRPORT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13360) 4. CONSIDERATION OF LOT SPLIT AND CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME LOCATED AT 530 /534 HILLTOP DRIVE NE SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO, 13361) 5. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY AUDREY HOLLATZ TO ALLOW SPECIAL EVENTS BY RESERVATION IN THE MEDIUM DENSITY RESIDENTIAL DISTRICT LOCATED AT 325 HASSAN STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13362) 6. CONSIDERATION OF STREET RIGHT OF WAY PLAT NO. 10 (ENERGY PARK DRIVE) SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13363) Motion by Arndt, second by Stotts, to approve Items 6(a) through 6(c) of the consent agenda. Motion carried unanimously. (d) APPOINTMENTS /REAPPOINTMENTS TO BOARDS /COMMISSIONS • - REAPPOINT BILL ARNDT TO THE JOINT PLANNING BOARD FOR 2008 - REAPPOINT FARID CURRIMBHOY TO THE PLANNING COMMISSION TO MARCH 2013 - REAPPOINT JOHN AND JUNE LYMAN TO THE SENIOR ADVISORY BOARD TO JANUARY 2011 - APPOINT CARROL OLSON TO THE SENIOR ADVISORY BOARD TO JANUARY 2011 (e) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NOS. 3 & 4 - LETTING NO. 4, PROJECT NO. 07 -04 (WASTEWATER TREATMENT FACILITY IMPROVEMENTS) (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2008 PAVEMENT MANAGEMENT PROGRAM PHASE I PROJECT (LETTING NO. 4, PROJECT NO. 08 -04) (g) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO WASTEWATER TREATMENT FACILITY — DRIVE UPGRADE FOR EXISTING BELT FILTER PRESSES PROJECT (LETTING NO. 15, PROJECT NO. 08 -18) (h) CONSIDERATION FOR APPROVAL OF PURCHASE AGREEMENT WITH STEPHEN E. LEE FOR PROPERTY ACQUISITION RELATED TO THE NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT (LETTING NO. 2, PROJECT NO. 08 -02) (i) CONSIDERATION FOR APPROVAL OF ADOPTING CITY OF HUTCHINSON 2008 FEE SCHEDULE REVISION (j) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO AIRPORT RUNWAY SAFETY IMPROVEMENT PROJECT (LETTING NO. 14, PROJECT NO. 08 -17) (k) CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT FOR PRIVATE COMMERCIAL HANGAR WITH AJA AVIATION, LLC • (1) CONSIDERATION FOR APPROVAL OF TEMPORARY RECYCLING PERMIT FOR CAN MAN RECYCLING INC. 5(0.) CITY COUNCIL MINUTES — MARCH 25, 2008 (m)ON -SALE 3.2 MALT LIQUOR LICENSE RENEWALS • HUTCHINSON HUSKIES BASEBALL ASSOCIATION ■ SKY VENTURES (PIZZA HUT) (n) OFF -SALE 3.2 MALT LIQUOR LICENSE RENEWALS • COBORN'S INC — CASHWISE • SPEEDWAY SUPERAMERICA • ERICKSON'S DIVERSIFIED CORPORATION (ECONO FOODS) • CATTOOR OIL COMPANY — SINCLAIR GAS STATION • WALMART SUPERCENTER (o)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(h) and 6(k) were pulled for separate discussion. Motion by Peterson, second by Stotts, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(h) had further discussion. Kent Exner, City Engineer, noted that the purchase agreement on the Lee property acquisition had been modified. These revisions include removing standard language pertaining to subdividing and damages. Mr. Exner noted that the seller will not be subdividing the property and the City will be following the transaction. Marc Sebora, City Attorney, noted that he has reviewed the changes and everything is acceptable. Mr. Exner described the project that this property is being acquired for, which is the installation of a large ponding system and extension of a large pipe. Motion by Stotts, second by Peterson, to approve Item 6(h). Motion carried unanimously. Item 6(k) had further discussion. Mayor Cook noted that no price was listed in the lease agreement. John Olson, Public Works Manager, noted that the Airport Commission met on March 20, 2008, and had agreed upon a price of 5.104 per square foot for commercial property. Motion by Haugen, second by Arndt, to approve Item 6(k). Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. - NONE 8. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE ON CITY INVESTMENTS — KEN MERRILL, FINANCE DIRECTOR Ken Merrill, Finance Director, presented before the Council. Mr. Merrill reviewed the investments the City currently has in place. The interest rates currently range from 4.0% - 6.0 %. Mr. Merrill also reviewed the statutory guidelines the City must follow related to the investments. (b) UPDATE ON BOND MARKET — STEVE APFELBACHER, EHLERS & ASSOCIATES Steve Apfelbacher, Ehlers & Associates, presented before the Council. Mr. Apfelbacher provided an update to the Council on municipal bond markets as the City prepares for the 2008 bond sale. Mr. Apfelbacher further reviewed the current market conditions and general information related to debt management issues. The current market conditions will not impact the City. Ga • (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0495 —AN ORDINANCE EXTENDING ON -SALE INTOXICATING LIQUOR SALES TO 2:00 A.M. (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR APRIL 8, 2008) S(C) CITY COUNCIL MINUTES — MARCH 25, 2008 Chief Dan Hatten presented before the Council. Chief Hatten noted that, at the Council's request, he conducted a survey of surrounding communities researching the hours of their liquor sales. There are • currently no other restaurants/bars in McLeod County that sell liquor until 2:00 a.m. There is one establishment in Meeker County that sells liquor until 2:00 a.m. and there are several establishments that sell until 2:00 a.m. in Carver County. Chief Hatten found during the survey that the additional hour in sales did increase the work load for the law enforcement agencies of those cities. Council Member Stotts noted that historically Hutchinson has compared itself to suburbs and then noted that several establishments stay open until 2:00 a.m. in Carver County. Council Member Stotts proposed extending the hours for a six -month timeframe and then re- evaluate what types of issues occur durin& that time frame. Mayor Cook stated that he did not see an urgency in extending the hours and there is no competitive reason to do so. Council Member Haugen stated that he was favorable to a short-term trial of this and re- evaluate it following. Motion by Stotts, second by Haugen, to try a six -month trial and re- evaluate following that time frame. Mark Landreville, Lamplighter Lounge II, presented before the Council. Mr. Landreville noted the other communities that allow 2:00 a.m. sales and he also provided other reasonings as to extending the hours. Arlen Kirchoff, 885 Otter Street SW, presented before the Council. Mr. Kirchoff noted that he considered a risk analysis of the best and worst of what would happen if liquor sales were extended. Mr. Kirchoff feels that if the liquor sale hours were extended that there could be more accidents and more DWIs. He urged the Council not to consider this ordinance. It appears that there is some confusion with when the last sale of liquor can be made and when guests have to leave establishments. Roll call vote: Haugen — aye; Arndt — nay; Peterson — aye; Stotts — aye; Cook — nay. Motion carried 3 to 2. A second reading of the ordinance will be held at the April 8, 2008, City Council meeting. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF UPDATED CITY SPECIAL ASSESSMENT POLICY Kent Exner, City Engineer, presented before the Council. Mr. Exner requested that this item be tabled until the next meeting to allow for more discussion at an upcoming Resource Allocation Committee meeting. Motion by Stotts, second by Cook, to table this item to April 8, 2008. Motion carried unanimously. (b) PRESENTATION OF INFORMATION TECHNOLOGY - GIS 2007 YEAR END REPORT Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss provided a hands -on demonstration on document imaging and GIS. Mr. Kloss also reviewed upcoming projects and goals for the future. (c) PRESENTATION OF ECONOMIC DEVELOPMENT AUTHORITY 2007 YEAR END REPORT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided an overview of the projects worked on by the EDA in 2007. These include Warrior Manufacturing, Customer Elation Call Center, loan fund buildup, researching renewable energy/bioscience projects, Energy Park development, Cenex redevelopment, McLeod County EDA, business incubator development and downtown development. 11. MISCELLANEOUS Gary Plotz— Mr. Plotz noted that one of the objectives set earlier this year was to balance the 2009 budget. Approximately $600,000 needs to be adjusted to balance the budget. A management staff meeting was held today and each department is to attempt to reduce their budget by 8% and identify what sort of ramifications that holds. Other lists of reductions will be put together for the Council's review. Council Member Stotts noted that all items need to be considered and nothing should be considered sacred. Kent Exner — Mr. Exner noted that a meeting is going to be held with the City of Glencoe and McLeod County regarding the future of Hwy 212. This meeting will be held April 3 at 10:00 a.m. at the HATS facility. Mayor Cook and Council Member Arndt will be attending this meeting. 5 (0z CITY COUNCIL MINUTES — MARCH 25. 2008 Mr. Exner also reviewed activities that will be occurring at the Crow River Dam. • Mayor Cook — Mayor Cook noted that he is attending a House LGA hearing tomorrow on a unified bill. Mayor Cook also noted that a McLeod For Tomorrow meeting is being held on April 3, 2008. The meeting begins at 1:00 p.m. at the Brownton Community Center. The state demographer and MnDOT representatives will be in attendance. Motion by Haugen, second by Peterson, to set April 3, 2008, from 1:00 — 4:00 p.m. as a public meeting for the McLeod For Tomorrow meeting at the Brownton Community Center. Motion carried unanimously. 12. ADJOURN Motion by Arndt, second by Stotts, to adjourn at 7:30 p.m. Motion carried unanimously. I� I`I SCa� 1 0 To: Mayor and City Council Members From: Brad Emans, Fire Chief Dates 04/01 /08 Ra: Monthly Update on Activities of the Fire Department Fire Department Response: The fire department responded to 28 calls for service in the month of March. Fire Officer Only Response: A "fire officer only" responded to 8 calls in March, saving the Hutchinson Fire District the cost of a "general" alarm estimated at $168.00 and more importantly, it kept our firefighters on their full time job or at home with their families an additional 120 hoursl Response Time (First Emergency Vehicle Out of the Door): March — 3 minutes 21 seconds • Example of a few of the calls: • The FD responded with the platform truck to a mutual aid call to Stewart for a commercial building fire, the Stewart FD had the fire out before we arrived; • The FD responded to a natural gas leak in one of the churches in the city, the gas leak was detected and the building ventilated; • The FD responded to a vehicle in a water filled ditch, two people were removed from the vehicle; • The FD responded to an emergency call that a person was severely injured in a vehicle accident, we were unable to locate the vehicle. The accident was located in another fire department district, the caller was using the 20 year old rural addressing yet; • The FD responded to a call that a multi - family apartment building was on fire, thick black smoke filled the parking lot upon arrival, it was determined that the smoke was coming from the funeral home crematorium next door, • The FD responded to a house fire in the NE part of our fire district, the home owner ran out of propane so he attempted to heat his house with electric space heaters. The electrical service failed causing a fire; • The FD responded to a rescue call when a person riding a motorcycle on a lake drove into a large opening in the ice. is 1 U (�) Breakdown of the Calls for the Month: • City: Residential 2 CommerciaNndustrial 0 Mufti- family 1 School 0 Carbon Monoxide 2 Hazardous Material 4 Vehicle 1 Rescue 1 Medical 0 Grass 0 Sky -Wam 0 Good Will 0 Mutual Aid 1 Rural: Structure Fires 0 Arson 0 Rescue 8 Grass Type 0 Medical 5 Residential 1 Farm Building 0 Hazardous Material 0 Carton Monoxide 0 Vehicle 0 Commercial/Industrial 0 Good Will 0 Mutual Aid 2 Structure Fires 1 Arson 0 Training: • New Engine 7 training — orientation; • Rural Fire District fire scenario's —water movement, and tactics; • Ladder use training at the training site; • Rapid Intervention training at the training site search & rescue house; . • Officer training. Fire Prevention / Public Relations: • Conducted a fire safety class for the students at Immanuel Lutheran School; • Conducted a basic 1 a aid class for employees at one the area businesses; • Conducted a fire extinguisher class for the employees at one of the area businesses. Other Information: • The city council passed the "Rental Registration / Inspection" ordinance in February; this program will be implemented and managed by the fire department / inspection division. Infonnation on this program can be found on the City of Hutchinson web-site under fire department / hot topics or by stopping in the Hutchinson Fire Station. I would like to remind citizens that if they own a rental property within the city limits of Hutchinson, they have until May 1, 2008 to register it with the FD; • The "Firefighter Memorial Wall" project will be moving into its fundraising stage, with the hope that we will be able to present our idea to the City Arts Committee in the next sic months; Is • Page 2 (Q) Planning, Zoning, a uilding Dept. Monthly Report • Itch 2008 Building Department Permit Activities 312007 Total Number Inspections 216 90 273 Building Permits Issued by Type Compared to 3/07 Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Commercial new 0 0 0 Commercial Additions/ Remodels 6-$210,000 5 - $364,200 12 - $479,000 Industrial new 0 0 0 Industrial Additions /Remodels 0 0 0 Fire Sprinkling 1 -$6,995 0 2-$37,850 Total New Residential Units ( Single Family, twins, townhomes 1 -$106,000 0 0 Residential misc. additions, repairs, remodels, etc 6-$68,000 6 - $56,100 12-$98,100 Set fee permits reside, reroof, window replacement, misc. * 19 25 58 Subtotal Building Permits: $390,995 $420 $615,150 Mechanical 22-$27,021 16-$12,380 34-$70,954 Plumbing* 8 7 18 Signs* 5 11 24 Total Permits Issued and valuation 68 - $418,816 70 — $432 164 - $686,104 * Set fees not included in valuation Planning, Zoning, and Building Department — Other Activities Facilities Management/Maintenance Activities: Meals ServedlPr @Dared at Everareen Senior Dinlna in March Week of Hutchinson Park Towers Silver Lake Glencoe Brownton Stewart 3/3- 3/7/08 240 195 71 123 62 76 3/10 - 3/14/08 249 199 88 126 79 76 3/17 - 3121/08' 194 112 54 91 42 35 3/24 - 3/28/08 256 184 88 137 68 77 3/31/08 49 41 18 a 17 Total Meals Served -3084 988 731 319 506 259 281 'Evergreen Dining was closed March 18 due to a snow day and March 21 for Good Friday. Educational Activities: Lenny Rutledge and Kyle Dimler attended the ICC Southwest Chapter Meeting and Seminar on March 19. O ing, Zoning, and Building Dept. • • Monthly Report for March 2008 Page 2 r Planning and Zoning Monthly Activities Month/Year: March 2008 Activity Number Additional Info. Zoning Review of Building Permits 8 Zoning Review of Sin permits 10 Planning/Zoning Planning/Zoning Applications Provided 3 Predevelopment Meetings/ Pre - application Assistance 5 New SF home, tear down /rebuild structure, mini - storage, Word of Life church major expansion, shoreland variance for new home Planning Commission Applications Reviewed and Processed 3 Joint Planning Applications Reviewed and Processed 1 Zoning Enforcement Letters 5 Signage letters Potential Applicants Assisted 3 Potential retail /office, medical office, storage buildings Misc. Meetings Attended 25 Other activities: Drafted River Overlay District standards, attended IS09000 conference call training, participated in rental registration landlord meeting, attended Energy Efficiency for water /wastewater plants web training, and training new employee Deb Crooks. G:\BUILDINGUnonthly reports\2008\PBZ- 3.2008.doc RESOLUTION NO. ,222 • RELEASING PLEDGED SECURITIES FROM BREMER BANK N.A., HUTCHINSON, MN WHEREAS, Wells Fargo Bank N.A., of Hutchinson, Minnesota, a city depository, has requested release of the following security under the collateral agreement with the City of Hutchinson: FNCL256308 07 -01 -36 cusip 31371MU96 $3,150,000 FNCL256308 07 -01 -36 cusip 31371MU96 $2,385,000 FNCL831476 04 -01 -36 cusip 31407HXD3 $ 610,000 G2SF3274 08 -20 -32 cusip 36202DT76 $3,150,000 G2SF3321 12 -20 -32 cusip 36202DVN8 $4,000,000 GNSF781123 12 -15 -29 cusip 36225BG85 $5,000,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director is hereby authorized to release said security. • Adopted by the City Council this 8th day of April 2008. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator • O�N RESOLUTION NO. 13375 • RELEASING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN WHEREAS, Citizens Bank & Trust Co., of Hutchinson, Minnesota, A city depository, has requested release of the following security under the collateral agreement with the City of Hutchinson: FHLN 03 -18 -08 cusip 3133XFEP7 $1,000,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director is hereby authorized to release said security as of March 6, 2008. Adopted by the City Council this 8th day of April 2008. • Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator • ORDINANCE NO. 08 -0499 • AN ORDINANCE OF THE CITY OF HUTCHINSON ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUTURES IN THE CITY OF HUTCHINSON; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES THEREFOR. The City Council of the City of Hutchinson does ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the City Administrator of the City of Hutchinson, being marked and designated as the International Property Maintenance Code, 2006 Edition, as published by the International Code Council and adopted by the State of Minnesota Fire Marshal, be and is hereby adopted as the Property Maintenance Code of the City of Hutchinson in the State of • Minnesota for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Hutchinson are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Hutchinson hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. • (pb�3 • Section 4. That the City Administrator is hereby ordered and directed to cause this ordinance to be published. Section 5. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the date of its final passage and publication. Section 6. That this ordinance shall perpetually include the most current edition of the International Property Maintenance Code. Adopted by the City Council this day of 1 2008. ATTEST: Steven W. Cook, Mayor • Gary D. Plotz, City Administrator (z,«�3 • I I I Hessen Street Southew Hutchinson, MN 55350 (320) 587-5 15 1 /Fax: (320) 2344240 City of Hutchinson Application for Massage Service License License Fee: $1 s1`)5 Operating Year: c;�, y 0 Corporate Information (if a livable Corporate Name Phone Number Car orate Address city State zi Owner(s) /Corporate Officer(s) (list names and addresses of all persons have a beneficial interest in the business/corporation) Name: p� e AAV\ uj a ` _ Address City State Zip Name: Address City State Zip sary, list additional owners) /corporate offter(s) on a separate sheet ofpaper 4 Lessee if applicable Name: t r Address city State zi Operators Qist all individuals involved in EivinR massage services Name: �"I'T Address City Stat Zip Name: Address City State Zip *If necessary, lis additional operators on a separate sheet ofpaper (C) City of Hutchinson Application for Massage Service Page 2 of 3 • r• • • Describe Nature of Massage Business and Massage Services O ffered II I 1L �� �� ai) Insurance Coverage Information (attach public liability insurance policy or certificate of insurance that meets or exceeds limits established in Citv Ordinance 6.43: Subsection 7) !A�-b � Z)�y,>}p P�jl ji'e�i6nu�S Agent's Name �J / Address City State Zip �,- Lt, 4- m - a 107 �1 'CF6� 1 Phone Number Fax Number Background Statement Have you or any operators been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑ YES NO If yes, state nature of offense and punishment or penalty therefore: N Manager Information (Ordinance 6.43 subsection 6 requires that the manager of the establishment be "a natural u person who is a resident of the City ". Please complete the followine confirmine comnliance with this ordinance) Manager Name Manager Adraress .32L M3 Phone Number City State Zip Checklist all items must be checked "yes" in order for the application to be processed The following items need to be completed and/or attached in order for the applica(10 to be processed: Copy of insurance that meets or exceeds limits established in the ore es ❑ no Application fee paid in full (check or money order): ❑ yes ❑ no Application completed in full and signed: �� es ❑ no City of Hutchinson Application for Massage Service Page 3 of • I hereby certify that I have completely filled out the entire above application, together and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Massage Services Ordinance No. 6.43 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment for a period not exceedin days or o h, plus, in either case, the costs of prosecution. ature Applicant d �� Date int Name F — Title NOTE. No application will be forwarded to the City Council unless received one week prior to the regular Council meeling, filled out in completion, and jee payment is attached Internal Use Onl Building: ❑ approved ❑ Notes: Fire ❑ approved ❑ denied Notes: Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: • Hlia VAPVliuiia %T ge dw • ('0 ( C) Cerowk of Insurance OCCURRENCE COVERAGE ABMP In -Dues Liability Program INSURED MAILING ADDRESS: Associated Bodywork & Massage Professionals and Individual Members in Good Standing 1271 Sugarbush Drive Evergreen, CO 8043 9-9766 POLICY #CL 480101054-1 EVANSTON INSURANCE CO. LIABILFI'Y LIMITS (per member) COMMERCIAL GENERAL LIABILITY PRODUCER: Midwest General Agency AGENT/BROKER: Midwest General Agency MASTER POLICY EFFECTIVE DATE: 1/1/2008 Coverage afforded to individual members by this policy Is applicable for a period of 12 months from the date the member Is added by endorsement or until the individual member s coverage is cancelled or they cease to be an active member of the association. GENERAL AGGREGATE PRODUCTS - COMP /OP AGGREGATE ...................... PROFESSIONAL AGGREGATE .. ............................... ................. S3,000,000 ................. $3,000,000 ................. $3,000,000 PERSONAL & ADVERTISING INJURY ...................................... $2,000,000 EACH OCCURRENCE.. ... ........... ....................................... ..........$2,000,000 FIRE DAMAGE (Damage To Premises Rented To You) ............ $100,000 To verify information, contact ABMP. Tel: 303 - 674 -8478 Fax: 303 - 674 -0859 This certificate provides proof of coverage for the individual named certificate holder (member) only. This certificate DOES NOT provide proof of coverage for any employees, Independent contractors, and /or any other individuals affiliated with the named certificate holder- Each INDIVIDUAL insured ABMP member is Issued their own certificate of insurance- Coverages are valid from the membership inception date to the pfembership expiration date. COVERAGES THIS IS TO CERTIFY THAT THE POLICY OF INSURANCE LISTED ABOVE HAS BEEN ISSUED TO THE INSURED NAMED BELOW FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDrnOri5 OF SUCH POLICY. LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS PAID. COPY OF POLICY AVAILABIE UPON REQUEST ($10.00 CHARGE). This certificate Is issued as a matter of Information only and confers no rights upon the cent 111 c ate holder This certificate does not amend, emend, or after the coverage afforded by the policy ABOVE CERTIFICATE HOLDER (Active Registered Members are on fife with the ABMPMembership Chairman.) Member Name: Membership I.D. #: Jennifer Magallon 953503 Loyal Member Since: January 15, 2008 (does not reflect possible Interruption of insurance) Membership/Policy Term Expiration: Issue Date: Authorized Representative January 14, 2009 January 15, 2008 CELLATION_ Should the above described policy be cancelled before the es, lration date reo1, the Issuing company will endeavor to mall 10 days written notice for non payment or W dap lten notice for any other reason to the certificate holder named above, but failure to mail such notice shall Impose no obligation or liability of any Idnd upon the company. Its agents or representatives. ADDITIONAL INSURED: (with Inception Date) ABMP -19M (01 /07) a 1 nncdr on Icof stock, Rev. 12/07 �O(C • al ciey of, 1������ 7� I l l Hassan Street Southeast Hutchinson, MN 55350 (320) 587- 5151 /Fax: (320) 2344240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS • • Application Type (choose one) ❑ Solicitor $100.00 Date of Application 03/13/08 W Transient Merchant $100.00 ❑ Peddler $100.00 Date(s) of Sale 06/22/08- 07/0 5/08 ❑Parade Peddler $25.00 Applicant Information 2" X 2" Picture Required Name: Chris Ulmer Height: C31' 31 ' Weight: 240 Eye Color: b Driver's License Number: ULM -82 -73 41 State: ND Permanent Address: 2109 59t Avenue South Fargo ND 58104 City Stale Zip Permanent Telephone: 701 -205 -0518 Temporary Address: City Stale Zip Temporary Telephone Access: 701 - 400 -7661 Have you been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑ yes W no If yes, state the nature of offense and punishment or penalty assessed therefore: (,o) City of Hutchinson Application for Peddlers, Solicitors, and Transient Merchants Page 2 of 4 • LI • Walmart parking lot Location Name 1300 Trunk Highway 15 South Hutchinson MN 55350 Business Information Describe relationship between applicant and employer: Vendor Describe nature of business and describe item(s) offered: MN approved fireworks under 200 grams Describe method of delivery: by truck Describe source of supply: TNT Fireworks WI Supplier Name 223 County Highway A Black River 715- 284 -1118 Suppler Phone Number Falls WI 54615 Supplier Address Supplier Name City State Zip Suppler Phone Number Supplier Address .Supplier Name SupplierAdilress City Ci State Zip Suppler Phone Number Smte zi Provide two (2) property owners (preferably in McLeod County) for character references: Walmart - Hutchinson 320 -587 -1020 Property Owner Name Property Owner Phone Number 1300 Trunk Highway 15 South Hutchinson MN 55350 Propeny Owner Address Ciry State Zip Pamida - Glen 320 -864 -6005 Property Owner Name Property Owner Phone Number 3225 Tenth Street East Glencoe MN 55336 c c (A) City of Kafehinson Application far Peddlers, Wicilors, and Transient Merchants Page 3 of 4 • List last (up to three (3)) previous city(ies) where you carried on same activity: Glencoe MN June 5 to July 5 City State Date(s) of Activity Willmar MN June 5 to July 5 City State Dae(s) of Activity Redwood Falls MN June 5 to July 5 city State Date(s) of Activity Checklist The following items need to be completed and/or attached in order for the application to be processed: Application/Investigation fee paid in full (check or money order): R1 yes ❑ no Application completed in full and signed: J7 yes ❑ no 1 hereby certify I have completely filled out the entire above appiicaiiun and that iire application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. 03/13/08 • Appli�itt's Signature Date by Judith M. Vaughn Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: nJLlrcwt4AWI"tknw? allc,S rotor, Tre,uiemduc C (' (A) WAL *MAR`t C� 0 Inccme Development Rob Grippi, Project Manager 1300 BE 8th Street Bentonville. AR -2716 -0850 Phone 479.204.3037 Fax 479273 4100 w ,Walmar com Monday, December 17, 2007 To Whom It May Concern: American Promotional Events, Inc. dba TNT® Fireworks is an approved National Supplier for 2008 to conduct fireworks sales on our stores' parking lots where this type of promotion is legal. Events usually run 7 to 10 days with set up beginning approximately 5 days prior to the event An American Promotional Events, Inc. dba TNT® Fireworks representative will call you to introduce the company and discuss your participation in the event. Participation in this event is not mandatory, but does add additional income to your bottom line profits. The Store Manager must approve the store's participation and placement on the parking lot by store stamping the Pre -Sale Survey. Then, Other Income will send an email to the store verifying approval. TNT@ Fireworks is responsible for obtaining all necessary permits and /or licenses and must display such permits and /or licenses at each location Thank you in advance for your cooperation in this matter and if you have any questions, please contact Other Income at (479) 273 -4516. Sincerely, at Rob Grippi Project Manager - Other Income Wal -Mart Stores, Inc. c�ca) ACORD CERTIFICATE OF INSURANCE ISSUE DATE 03!10!2008 PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. .O. BGx 10265 This certificate is issued as a matter of Information only and confers no rights upon the Certificate Holder. This Certificate does not emend, extend or alter the coverage afforded by the policies below. irmtngham, AL 35202 205 -252 -9871 COMPANIES AFFORDING COVERAGE Company Crum & Forster Specialty Ins. Co. A INSURED American Promotional Events, Inc. Company B Lexington Insurance Company dba TNT Fireworks Company P.O. Box 1318 Florence, AL 35631 C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY GLO111010 11101/2007 EACH OCCURRENCE S 1,000,000 ® t'. amm.iel Geaer.I Ue Il ❑ ct,i a was ®GcAVnen.e ❑ Ganera.od C.ro.au.' Pml.dion 11/01/2008 FT RE DAMAGE S 100,000 MEDICAL EXPENSE $ EXCLUDED PERS. AND ADVERTISING INJURY $ 1,000,000 ®SIR. s5c,000 GENERAL AGGREGATE $ 2,000,000 ❑ PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 Genoel Ag egaelJmll.ppY W. O P." � .J.d ❑L 6 AUTOM084LE LIABILITY COMBINED SINGLE LIMIT $ ❑ My Puv,m.bil. ❑ Atl Owrd atonadk. ❑smea.lea AUlarobin $ BOD IN accident $ PROPERTY DAMAGE Pera S ❑w� a, Nln COMPREHENSIVE ❑ �d o.9� ❑ COLLISION WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY WC Statutory I Other EL EACH ACCIDENT S (Eac EL QISEASE em S DISEAS EL it S B EXCESS LIABILITY 0903400 11/0112007 EACH OCCURRENCE S 1,000,000 00¢vreiw. ❑cww.M.de 11/01/2008 AGGREGATE S 1,000,000 Reientm/Dedudlbb ro,000 S S $ a s RE: MN1738. The Cenificale Holder, Wal -Mat Stores Inc, Bentonville, AR and Riverside Assembly are named as Addltlonal Insureds wim respect to General Liability as required by written contract subject to policy lerms, conditions, and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative Wal -Mart k1738 1300 Trunk Hwy 15 S. Hutchinson, MN 55350 `_ `t��y..._ q j p •s. —'� Pe e 1 of 1 Cemfi ID 9KVAUXW � (a) Minnesota Lawful Gambling 6107 LG215 Lease for Lawful Gamblina Activitv Page 1 of 2 n J • • Chedcappicedellenc 1. Lease for chew application. Submit with new premises permit appimbon. 2. Renewed lease. Submkwdh premises permit renewal. 3. New owner. EfledWe date _I J_ Submit new or amended lease within 10 days after new Wasor assumes ownership. 4. Amended lease • Check the changes) in the lease: _Rent Premisasnamhe _BoonVbar _Acevdychaige _Other • Date that changes will be efFective_I.— • Both parties must initial and date all changes. • Submit charges at least 10 days before the effective date of the cha Organization name License number Daytime phone c / 1 W �� C7 Name of leased pet' Q Street address Ciy State Zip Daytime Phone ' NIN 52SO - bao • 5 8? -• a Name of legal ow ner mmisgs Busnesslstreetaddress city State ZIP Daytime phone _ 9 te �JS - ^) a.., s -: 35C, 310 'S Nae of lessor (C same as read Name Buslnesslstreel address CIY ate Zap Daytirrhe phone vrer, write in g 'S 3 �C?L�A S3so NO-5 r -a Check (4) all activities Uiat will be conducted Pull -tabs _Pull-tahs with disperlsfny device ✓Tipboards ✓Patidewheel _Paddewheel with table _lingo _Bar bingo Pull -tab, Tipboard, and Paddlewheel Rent (No lie required for raffles.) Booth operation - asks of gamblkg ewe ment W an employee ear operation - sales of gambling equtxnent withn a leased (or volunteer) of a licensed organization within a separate endos re premises by an employee of the 6® from a mrnrnoo area where that is distlrctfmm areas wfnere food and beverages are said. food and beverages are also said -------------------- r — Does Wi .. a. - OR amr dMr oroii d conduct gambling conduct ho a booth operation at this location? ^ Yes - Z' No L ----------- - - - - -- ----------- - - - - -J If you answered yeS to the rprestion above, rent tirrdts are If you answered nO to the question above, rent limits are based on the following mrnbhwtloru of operation: based on the following combinatiors ofoperdlon: - Bath operation - Booth operation and Pud-tab diaper slog device - Bar operation - Bar operation with pull -Fab dispensirhg device - Booth operation and bar operation - - Ptlltab dispensing device orY - Bootn operation, bar operation, and pull -tab dispensing device The maximum rent allowed may not exceed $1,750 in total The mammurn rent allowed may not exceed $2,500 in total per north for all organizations at the premises. per mordh for all organizations at this premksM COMPLETE OW OPIIOft Option A: 0 to 10%of the gross profits per month. COMP F OIEOPfIOft Option A: 0 to 20% of the gross profits per month. iU7 Pertage to be paid a % cen percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B. When grass profis are $1,000 or less Per nan $0 $400 per month may be paid. Amount m be pa d $ b m to $200 Per month may be paid. Amara to be paid $ Option C. $0 to $400 per month on the fast $4,000 of gross Option Q $0 t $2 per month o the first $1,000 of grass profit An aunt to be paid $ 6 Plea, 0% to 10% of the grass profits may be pald per month on profi re paid Plus, D% to 20% of the gross profits may be paid Per month on gross prottls over $4,000. PerceNaw to be paid ---0— gross Profits over $1,000. Percentage to be paid Bingo Rent Bar Bingo Rent Option D: 0 to 10% ofthe gross profits per month from all lawful F: No rent may be Paid for bingo gambiingacdvities held during bthgooccasons, excluding tsar blrrgo. _Option conducted In a bar. Pxoentage to be paid —'- Option E: A rate based on a cast per square foot, not to exceed New g tI Vity AC Bin O 110% of a comparable cast per square foot for leased space, as For any new btrigo activity rot previously approved by the director of the Gambling Control Board. No rent may be J paid for bar bingo. Rate to be paid $ Per square foot included h a Premises PemitA kabon, The lessor must altadn doaarrntabon, verified by the organizat ion, to confirm the comparable rate and all applicable ousts to be paid by the attach a separate sheet of paper i�khg the ization to the lessy. daysand him that bingo will be conducted. N ( 65 6 (e) Registered Employees - (LG209) I. Review information for accuracy and make necessary adjustments directly on this document • 2. Unless already submitted, A LG209 must be completed for personnel not Ilsted below. 3. Return only if changes are required. r V oit ur e : 38 40/8 : 3389 Att +�ieReg''steredEmplo ees !d+ecktnxi.�empay�9 /_srofcWerdpaid Bomstad Bah , Carolyn Kay Farenbaugh , Sharen Kay Olson , Roger xenneth Swenson , Marlys Ann r 0 0 Thursday, December 06, 2007 (-0(e) License Number. 3389 License Expiration: 5/31/2008 Premises permit requireynertils: 1. An premises permit fee of $150 paid annually, 2. A separate resolution of approval including the site address from the local unit of government, (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own Is required, Site number 001 © a edcihs bo x if this sly has bcen dls�or vd 11 not be renewed. American Legion Post 96 35 3rd Ave SE, Hutchinson, MN 55350 McLeod County L- ->TW'S* of (if ap ) Gambling account # 021717 Organization owns this site: N Marquette Bank 308 S Main St, Hutchinson, Does your organization conduct bingo at this site Y ,`N y- MN 55350 I's the kx al resolution of approval attached? Y / N if yes, the attach a fist of the days and ne r"ng nines of your WTO activities.: License Number: 3389 License Expiration: 5/31/2008 • Chief Executive Offiicees Admowledgement and Oath I dedare that I certify that the gambling manager is bonded and licensed as required per Minnesota Statutes. I understand that failure to provide required Information or providing false or misleading information may result in dental or revocation of the license. A termination plan will be submitted to the Board within 30 days of termination of our gambling operation. I have read this application and all Information submitted to the Board. All information is true, accurate and complex. All other required information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all gambling activities m be conducted. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. I have read this application and declare that all information submitted is true, accurate, and cam t Signatuk, in Ink, of chief executive officer Date: 20 / ll 4 5 - - 0 `a --------------------------------------------------------- Mail complete renewal application (all pages), and one check made payable to the Ptate of Minnesota for all renewal fees by: 4/1/2 to: Gambling Control Board 1711WCoRdB #3005 Roseville, MN 55113 • Licensing Contact: Deb L is Email: deb.le is @gcb.state.mn.us Phone: (651)639 -4077 Fax #: (651) 639 -4032 The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambting activities in Mlnnesota, and to assist the Board in corduftirg a background investigation of you. You have line right to refuse to supply the information requested; however, if you refuse to supply this Information, the Board may not be able to determine your qualifications arid, as a consequence, may refuse to issue you a license. If you supply the Information requested, the Board will be able to process your application. Your name and address will be public Information when received by the Board. All the other information that you provide will be private data about you until the Board Wires you Boersse. when the Board issues your rimnse, all of the Information that you have provided to the Board in the process of applying for your license will become public except for your Social Security number, which remains private. If the Board does not Issue you a license, all information you have provided In the process of applying for a license remains private, with the exception of your name and address which will remain public Private data about you are available only to the folbwkrg: Board rrnmbers, Board staff whose work assignment requires that they have access to the information; the Minnesota Deparenent of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agendes; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of Information after this Notice was glven; and anyone with your written consenL O fivaxal PPP: P14 r C J (' (') L ��c Minnesota Lawful Gambling (LG200R) Lawful Gambling License Renewal Application Corrections should be made directly on this application Submit one check for the combined total of renewal fees, payable to State of Minnesota nlEattimon tequiremerds: Current license term: 6/1/2006 to 5/3112008 1. An organization license fee of $350 paid annually. Renewing license term: 6/1/2008 to 5/31/2010 Authorization #: 3389 Organization: Voiture 414 40/8 35 3rd Ave SE, Hutchinson, MN 55350 CEO: Marc Thomas Bailey 35 3rd Ave SE, Hutchinson, MN 55350 Treasure: Richard Krueger 670 Southview Dr, Hutchinson, MN 55350 (320)587 -2259 ® r Q,erx rtit box i your l Jorganiz t walNesta- (320)587 -2665 the waken of the $350 County: McLeod organization k� fee cierined in MN SwiW L_�49.16 i�N. 66_ (320)2342512 Annual Goal for Charitable Contributions Gambling Manager RequlremerrW 1. A gambling manager license fee of $100 paid annually. Gambling Manager Authorization: GM- 03389 -D01 Renewing license term 6/1/20 to 5/31%200 Roger Kenneth Olson ® The individual listed is not renewing their license we have enclosed a LG212 16212 Cc Rd 7, Hutchinson, MN 55350 appbotlon for the new appkant (320)587 2665 Bond; # RCB 538944 Note: The gang manager duties may not be assumed by an Company: Old Republic Surety khdrvdual until they are licensed by the Minnesota GarhhbNrg Contrd Board. I Gambling Manager Affidavit and Consent Statement 1. I have never been convicted of a felony or a crime involving gambling. ' have never committed a violation of law or Board rule hat resulted in the revocation of a license issued by the Board within five years before the date of the license application. 3. I have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. I have never been convicted of (I) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats. 5. 1 have never been, or am I now, connected with or engaged in an illegal business. 6. I have never had a sales and use tax permit revoked by the commissioner of revenue within the past two years. 7. I have never, after demand, failed to file tax returns required by the commissioner of revenue. 8. I do not owe $500 or more in delinquent taxes as defined In section 270.72. 9. I have been an active member of the organization for at least two years at the time of our organization's initial license application, or have been an active member for at least the most recent six months prior to the effective date of our organization's license renewal. 10. 1 am not a gambling manager or an assistant gambling manager for another organization. 11. 1 am not a lessor, a member of the lesso's immediate family or a person residing in the same household as the lessor, or an employee of a lessor of a premises where this ionization has a permit issued from the Board to conduct Irilliwful gambling. 12. I am not involved directly or indirectly as a bingo hall owner, manufacturer. or distributor. 13. 1 am not the chief executive officer of this organization. 14. 1 am riot the treasurer of this organization. 15. I was not an officer of an organization at a time when an offense occurred which caused that organization's license to be revoked. Background Cheer. By signature of this document, the undersigned authorizes the Departrnents of Public safety and Revenue to conduct a criminal and tax background check or review and to share the results with the Gambling Control Board. Further, I understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of this gambling manager license application, or acts or omL arising from such application, may be commenced against me or my organization and I will accept the service of process in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. Failure to provide required information or providing false or misleading Information may result in the denial or revocation of the license. Changes in the information submitted In this application will be submitted in writing no later than 10 days after the change has taken effect. I have read apptio lican and declare that all information submitted , accUrat,garr1plete. Signature, in inl of gambling manager applicant Date: —�1 L (�) 6107 LG215 Lease for Lawful Gambling Activity Page 2 of 2 • L Lease Term O Odwr Prohibitio d premises pendt issued by the Wnhiirg Control Board (Roam. t to pmI des(dstrixr0ors)dgambling-related equipment and scvices or in the use of net profits for lawful purposes. Management of Gambling Prohibited • • The le m ,, am P� residing In the same household as the lessor, The owner of the genuses or the lessor wig not nwrage the t the lesrinrs Immediate fanny, and any agents or employees of the conduct of gambling at the prerrlism l lessor will not requee the organization to peform any actlon that PartidPation a8 Players ProMbibad w ward violate sb" or mule. The lessor ma te t not modfiy err mrriate The le� ,, the lectors imrledate farft and any agars or t I w gambling employees d the lessor will not participate as playas l lease ill ) in the conduct of WA l gambling on the premises. l le r lessor agrees to arlottiatiori I Ilal Garnbum a alleged. The arbitrator stwl y • The lesw is aware of the prohibition agar Segal gambling In Mlrnesda Statutes 609.75, and the penalties for illegal A Arxess iltLed P►emises The Board its the mmrnssioners of rewnue and public In addition, the Board may authorize the orgarrzatlon to s safety and their agents, and law Worcenent personnel have aooess to whhimold rent for a period of tp to 90 days If the Board t of the resort. The organization has acoes to the permitted premises that the lessor or its employees participated in the Segal d diffing any � re a gamblkrg or Wiew d the gambling and did not take prompt l abet V action to stop the gambligg. Continued beriancy of the organization Is auftiorW!d without paymrett of rent d ri g the T The � s a n?cord d al money received from the J8, a and make the record avalable to the Board and Its agents, (a). r upon denw The record mat be maintained for 3-1/2 Yeas. • 1b the bus[ dine lessor's knowledge, the lessor affrmsthat any and ad games or devkrs located on the premises are not R Remit aiatichNioe being used, and are not capable of being used, in a manure A Aff orts paid as rert be the organiaban to the lessor are all - inclusive. that violates the prohibitions against Boo gambling in W W other services or aopenses provided or contracted by the lessor may Wmnesom Statutes 609.75. b be pay W the orgarrtraeor4 Including but not kneed to trash removal, • W . Ndwit staridng Mtnhevota Rules 7865. 0220, Abpert 3, an J Janitorial and cleaning serving, snow removal, lawn seMcg, electricity, organiation mat continue making rent payments trader h h eat, sear" security mmlRxeg, s the turns of tits )ease, if the organuabon or its agents are a and in the case of bar operations, cash shortages. food to be solely responsible for arty illegal gambling, Conducted at tirssite, that is probUted by Mkmesota rules M My Who eq)erdhires made by an organizab n that is related to a 7661. 0260, Subpart 1, item H or Knnesota Statutes 609.75, l leased Premises mat be approved by the director rite Gambling unit ea the organization's agents responsible for the Illegal C CW&DIBoard. Rertt payments may not be made toanndWidual. gambling a&vity are also agents or employees of the lessor. • The lrstnotmodifya r� la terminatethelvAideor C Changes in in part because the organization reported, to a state or local u o the B n Law enforcement authority or the Board, the conduct d Illegal e eff ctiv ti the a gambling activity at this site n which the orgarnabon did not e the Board o PatticiPa� o after the new lessor has assumed ownership. AeknovAedgment of Lease Terms I affirm that Buis lease i is the fatal and only agreanent between the lessor and the organization, and that all obligations and agreements are contained i in or attached to this lease and are s~ to the approraf of t dkecW of the fiMaWW Control Board Other terns of - Data S Signature of arpm"tion official (lessee) Dais O � � Z 0 rVINI O name and ire of lessor P Print rem _ Q Q Liza, i Lessee's buslnesS)ad0fess _ .� L Questlorus? Canton the U&ISIN Yction, Garbing CWjd Board, at 651 -639- 4000. This publication wM be made available in • Q received by the Board, and used to detamme your compliance wont Minnesota 9v+c+m 35 G uc -) 0 r TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items for NE Trunk Storm Sewer Phase 2 (Letting No. 2/Project No. 08 -02) DATE: April 8, 2008 Attached is the Engineering Report containing the description and estimated cost of the proposed improvements within the NE Trunk Storm Sewer Phase 2 project. This project has been discussed at several Resource Allocation Committee meetings with no major issues or concerns arising. • At this point, City staff would like to start the project process by scheduling a Public Hearing for the April 22 ° " City Council Meeting. City staff anticipates having a project informational open house prior to the start of construction. Attached are the necessary Resolutions and Notices to establish the Public Hearing date. We recommend that the attached Resolutions and Notices be approved. cc: Gary Plotz, City Administrator Lp (�--) RESOLUTION NO. 13372 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 2 PROJECT NO. 08 -02 WHEREAS, it is proposed to improve: Construction of NE Trunk Storm Sewer Phase 2 project and utility improvements near WWTF by utility infrastructure installations by construction of trunk and lateral storm sewer, stormwater treatment improvements, trunk and lateral watermain, trunk and lateral sanitary sewer, mass grading, roadway grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, landscaping, restoration and appurtenances, and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 8th day of April 2008. • Mayor: Steven W. Cook City Administrator: Gary D. Plotz • 00 • • HUTCMNSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center /11 I Hassan St SF/Hutchinson MN 55350- 2522/320 - 234- 4209/FAX 320. 2344240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor and City Council FROM: Kent Exner, City Engineer DATE: April 2, 2008 SUBJECT: Letting No. 2/Project No. 08-02 & 08 -08 (NE Trunk Storm Sewer Phase 2) I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L21P08 -02 Construction of NE Trunk Storm Sewer Phase 2 project and utility improvements near WWTF by utility infrastructure installations by construction of trunk and lateral stone sewer, stormwater treatment improvements, trunk and lateral watermain, trunk and lateral sanitary sewer, mass grading, roadway grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, landscaping, restoration and appurtenances. ESTIMATED COST TOTAL Construction Cost $960,000.00 Engineering $144 000.00 Administration $57 600.00 Fiscal/Legal/interest $28 800.00 Property Acquisition $115,000.00 ESTIMATED TOTAL $1 ESTIMATED FUNDING TOTAL Assessable Cost - Sheet/Drainage Improvements $0.00 Assessable Cost - Utility Improvements $192,000.00 CI - Bonding $118,000.00 CI - Water Funds $99 City - Sanitary Sewer Funds $124,000.00 Storrnwater Utility Funds $772 ESTIMATED TOTAL $1 11 U(f) RESOLUTION NO. 13373 • RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 2 PROJECT NO. 08-02 WHEREAS, pursuant to a resolution of the Council adopted April 8th, 2008, the City Engineer has prepared a report with reference to the improvement of: Construction of NE Trunk Storm Sewer Phase 2 project and utility improvements near WWTF by utility infrastructure installations by construction of trunk and lateral storm sewer, stormwater treatment improvements, trunk and lateral watermain, trunk and lateral sanitary sewer, mass grading, roadway grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, landscaping, restoration and appurtenances, and said report was received by the Council on April 8th, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $1,305,400.00. 2. A public hearing shall be held on such proposed improvements on the 22nd day of April, 2008, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. • Adopted by the Hutchinson City Council this 8th day of April 2008. Mayor: Steven W. Cook Administrator: Gary D. Plotz • ('(k) ORDINANCE NO. 08 -0495 — AN ORDINANCE AMENDING SECTION 112.088 • OF THE HUTCHINSON CITY CODE PERTAINING TO HOURS AND DAYS OF LIQUOR SALES • • § 112.088 HOURS AND DAYS OF SALES. No on -sale of intoxicating liquor shall be made between the hours of 4-00 2:00 a.m. and 12:00 noon on Sunday, nor between 12:00 midnight and 8:00 a.m. on Monday, nor between the hours of 400 2:00 a.m. and 8:00 a.m. on Tuesday through Saturday. Nc off -sale of intoxicating liquor shall be made on Sunday nor before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday, nor on New Year's Day, January 1; July 4; Thanksgiving Day; or Christmas Day, December 25. No sale of intoxicating liquor shall be made after 8:00 p.m. on December 24. ('89 Code, § 5.43) (Am. Ord. 96 -172, passed 9- 10 -96; Am. Ord. 97 -213, passed 11 -25- 97; Am. Ord. 98 -217, passed 2- 10 -98) Penalty, see § 10.99 ADOPTED BY THE COUNCIL OF THE CITY OF HUTCHINSON THIS DAY OF 2008, APPROVED: By: Steven W. Cook Its: Mayor ATTEST: By: Gary D. Plotz Its: City Administrator q (0) Marc A. Sebora, City Attorney Office of the City Attorney 111 Hassan street SE Hutchinson, MN 55350.2522 320- 587.5151/F" 320 - 2344201 • • • TO: Mayor & City Council Members FROM: Marc A. Sebora, City Attorney SUBJECT: Liquor License Ordinance Language DATE: March 27, 2008 As you will recall, at the March 25, 2008, City Council meeting, discussion was held as to when patrons could remain in an establishment and consume alcoholic beverages. In reviewing the old City code book (book of ordinances prior to 2004), there was an ordinance that referred to it being unlawful to consume alcoholic beverages after the legal hour of a sale, that all containers had to be removed after the legal hour of a liquor sale, and that patrons had to leave the establishment immediately following the legal hour of a liquor sale. Unfortunately, this ordinance was not carried over into our new ordinance book when the League of Minnesota Cities recodified the Hutchinson City Code in 2004. I have attached a copy of this ordinance and labeled it as "old ordinance ". I am also enclosing a copy of model language that the League of Minnesota Cities has made available for cities to use pertaining to this topic. As you can see, it differs from our `old ordinance" in that it allows patrons to remain on premises after the time in which liquor sales can be made. I ask you to review the language in both the attachments and we can discuss the pros and cons of each at the next City Council meeting as to which version or a combination thereof that you may wish to adopt. In any event, it is important, in my opinion, that we table the second reading of the 2:00 a.m. closing ordinance until the issue of how long patrons can remain in the establishment is resolved. If you have any questions regarding this, please give me a call. — Printed on recycled paper — 9 (0.) 0 "Old Ordinance" SEC. 5.10 UNLAWFUL ACTS. • • Subd. 1. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, alcoholic beverages on licensed premises after the hAr when a sale thereof can legally be made. Subd. 2. Removal of Containers. It is unlawful for any on -sale licensee to permit any glass, bottle or other container, containing alcoholic beverages in any quantity, to remain upon any table, bar, stool or other place where customers are served, after the hour when a sale thereof can legally be made. Subd. 3. Closing. It is unlawful for any person, other than an on -sale licensee or his bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this Chapter after the legal time for making licensed sales. Provided, however, that this Subdivision shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than alcoholic beverages. q �a� LMC Model Language • SECTION 20. HOURS AND DAYS OF SALE. (A) The hours of operation and days of sale shall be those set by M.S. § 340A.504, as it may be amended from time to time, except that the City Council may, by resolution or ordinance, provide for more restrictive hours than state law allows. (B) No person shall consume nor shall any on -sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on -sale licensed premises more than 30 minutes after the time when a sale can legally occur. (C) No on -sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more than 30 minutes after the time when a sale can legally occur. (D) No person, other than the licensee and any employee, shall remain on the on -sale licensed premises more than 30 minutes after the time when a sale can legally occur. (E) Any violation of any condition of this section may be grounds for revocation or suspension of the license. 0 • q (�- • ppR 0 � HUTCHINSON SAFETY COUNCIL April 1, 2008 Mr. Gary Plotz Members of the Hutchinson City Council 111 Hassan Street SE Hutchinson, MN 55350 RE: Bar closing at 2 AM Dear Gary and Members of the City Council: At the Hutchinson Safety Council meeting yesterday, a discussion was held regarding the proposed extended hours for bar closings. We of the Hutchinson Safety Council believe this would be a huge mistake for our city. Therefore the purpose of this letter is to let you know that we are totally against such a new city policy. We hope that you will take our views seriously for the general safety of the citizens of Hutchinson. Thank you in advance for your consideration of this letter. Sincerely, Pearl A. Seale Secretary/Treasurer Hutchinson Safety Council • 9(0)- TO: Mayor & City Council FROM: Kent Exner, City Engineer John Olson, Public Works Manager RE: Consideration of Approval of Updated City Special Assessment Policy DATE: April 8, 2008 After significant preparation and review by the Resource Allocation Committee, City staff would like to propose the approval of the revised City Special Assessment Policy. City staff will provide a brief overview of this document. We recommend that the attached updated City Special Assessment Policy be approved. • cc: Gary Plotz, City Administrator W C�(b� City of Hutchinson C� Special Assessment Policy April 8, 2008 E q") Introduction Special assessments are levies against properties used to finance public improvements. Minnesota Statutes §429 (Statute) grants cities the authority to use special assessments as a mechanism to finance a broad range of public improvements. The primary purpose of special assessments is to apportion improvement project costs to properties that benefit from the improvements. Apportioning costs of public improvements to benefiting properties reduces reliance on general property taxes to fund public improvements. hi accordance with Statute provisions, special assessments are limited to the amount that properties benefit from the improvement. This policy describes the procedures used by the City of Hutchinson (City) to determine benefit and apportion special assessments equitably to benefiting properties. Public improvements may be constructed without using special assessments, but because the City has limited options for funding improvements, it is generally not economically feasible under current law to avoid use of special assessments. General Policy Intent The purpose of this policy is to establish an equitable manner of recovering and distributing the cost of public improvements. Procedures used by the City for levying special assessments are in accordance with the Statute, which states that "all or part of the cost of improvements may be assessed against benefiting properties." It is the City's intent to establish basic procedures to follow when establishing special assessments. This policy is based on the Statute and the description of the Statute found in the "Special Assessment Guide" (Guide), version 515a1 a.3- January 2008, produced by the League of Minnesota Cities (I-MC). • Disclaimer The City maintains the right to vary from this policy without notice at any time and for any reason determined to be in the best interest of the City or of principles set forth in the Statute and the Guide: • The Statute does not specify any method or formula to be used in making the special assessment. The City retains the right to use a variety of methods for calculating special assessments so they are as equitable as is practicable. ■ Any formula or method used for calculating special assessments must operate so assessments on all properties are proportional to the benefits they receive. Any formula or method used represents an attempt to measure and distribute benefits, the increase in market value, resulting from the public improvement. • The City Council has broad discretion in determining benefits. The City Council's findings will not be upset by Courts, except in cases where there is clear discrimination or inequalities. • This policy provides an outline of standard practices and procedures used by the City beyond those noted in the Statute. CI L q LD) Initiating Public Improvements There are five ways public improvements may be initiated. Under all of these, the City Council reserves the right to reject improvements if it is determined they are not necessary, cost - effective or feasible. Also, in all cases, provisions of the Statute must be followed. The five ways projects are initiated include: Petition by 100% ofpronerty owners, with a waiver of appeal o fspecial assessments: This generally involves property owners that are developing previously undeveloped property for the first time. When 100% of property owners request the improvement, the City Council may order the improvement without a hearing. Under separate agreement, property owners will generally waive provisions of the Statute that provide for the property owner's right to appeal special assessments. In these cases, the property owners pay 100% of the cost of public improvements. Petition by 100% o owners without waiver of appeal: This generally involves all property owners agreeing that a public improvement is necessary. When 100% of property owners request the improvement, the City Council may order the improvement without a hearing. Once validated by the City Council, the resolution may not be questioned, unless an action for that purpose is commenced within 30 days; however, the amount of the special assessments may still be questioned pursuant to the Statute. Petition by more than 35% of property owners: This generally involves more than 35% of abutting property owners agreeing that a public improvement is necessary. Once the petition is validated, the City Council may not make substantial changes in the nature of the improvement from that asked for in the petition. The City Council may, however, deem substantial changes necessary or desirable, and may proceed on its own motion without reference to the petition. If no substantial changes are necessary or desirable, the City Council must declare the petition adequate under the Statute and order preparation of a report regarding the improvement project's necessity, cost - effectiveness, and feasibility. City Council Resolution: This generally involves initiation of a potential public improvement by resolution of the City Council. The City Council may order the preparation of a report of a public improvement's necessity, cost - effectiveness and feasibility. Such resolutions require a 4/5` vote from the City Council, rather than a simple majority. City Council adoption of an asset management strategy: The City Council may, by resolution, adopt an asset management strategy identifying several potential public improvements in one report. This method is considered, in essence, the same as having produced separate resolutions for each public improvement identified in the asset management strategy. Such resolutions require a 4/5` vote from the City Council, rather than a simple majority. L 4 �L6� New Development Improvements The cost of infrastructure and public improvements for all new developments will be home by the developer and/or property owner. Developers or property owners pay the entire cost of initially installing infrastructure and improvements in accordance with City standards, subject to review by the City Engineer. In cases where the City, at its discretion, provides financing for new development improvements, all development costs will be assessed to the property. Improvements to Existing Infrastructure The remainder of this policy, including provisions identifying any cost being generally paid by the City of Hutchinson, applies to local, area, and City-wide improvements, as defined below. Public Improvements For purposes of this policy, there are three general classifications of improvements. • Local Improvements: Local improvements are generally the most common. These improvements primarily provide benefit to abutting properties. • • Area Improvements: Area improvements provide benefit to properties in a wider, yet definable, area. • City -wide Improvements: City -wide improvements are typically large -scale improvements of benefit to the entire City, regardless of their location. Typical improvements are classified as: gk - 11n r r00nepts - A Area Tm rovemeuts - C -- Curb and gutter T Trunk sanitary sewer (greater B Bridges' than 8" diameter Trunk water main (greater than Sidewalks 8 8" diameter) and looped water C Community facilities' main Sanitary sewer laterals (8" or less C Collector and Arterial streets C Collector and Artenal streets' diameter Sewer, storm sewer and water N Neighborhood parks & R Recreational facilities & services p playgrounds' C Community arks' Local streets and alleys S Storm drainage improvements — W Wastewater treatment facilities' area Storm drainage improvements — 2 Parking lots W 2 local P Boulevard trees, streetlights S Sidewalks and boulevard trees W Water treatment plane Other improvements authorized by law' 'Generally supported by Federal, State or County funds or funds other than special assessments 'Generally paid using user charges 9 CID) General provisions for improvements. All infrastructure improvements are required to be extended through developments up to adjoining properties in order to serve future developments. This includes, but is not limited to streets, waterworks, sanitary and storm sewer, appurtenances and restoration, including improvements deemed necessary or desirable. Cul -de -sacs and Dead -end roadways. In general, cul -de -sacs and dead -end roadways are discouraged due to maintenance, access, system continuity and other issues. The City recognizes that these roadways will continue to be built in special circumstances" The City reserves the right to require payment of fees identified in adopted rate schedules to account for future costs specific to this type of development. Removals or Abandonment oflmprovernents. Removals or abandonment of improvements generally includes destruction, removal or abandonment of any improvement and restoration of conditions at the site, whether surface or subsurface. 0 • luq fbYelTiW Prcl 'tS GotTSktuCt? - COn3trFl$f _ Refiabc Alleys Yes Yes Yes Yes Parking Lots Yes Yes Yes Yes Sidewalks/TrailsAValkwa s Yes May May Ma Street amenities /Streetsca es I Yes Yes Yes nra Street boulevard trees 1 Yes May n a nra Streetlights Yes May Na nra Traffic control devices Yes May May nra Dikes & flood control works May Ma nra nra Retaining and area walls May May nra n Enhanced 911 markers May May nra n/a Parks, rec. facilities May May nra nra Curb and gutter Yes Yes Yes Na Driveways & approaches Yes Yes Yes Na Street construction Yes Yes Yes Yes Street maintenance No No No No Safety improvements Yes May May nra Turn lanes Yes May May Ma SAC / WAC; access charges Yes nra nra Na Sewer or Water Trunk Lines Yes May No nra Sewer or Water Main Yes May No nra Sewer or Water Laterals Yes May No Na Sewer or Water Services Yes Yes May Na Storm Sewer Trunk Lines Yes May May Ma — Storm Sewer Main Yes Yes May nra Storm Sewer Laterals Yes Yes May nra Storm Sewer Services Yes Yes Yes nra Rights-of-way / Easements Yes Yes ma n r a 6 Public improvements, identified in the Statute, include-, but are not limited to: • Alleys. Generally, all of the costs of new alleys are borne by property owners. One -half of the costs of constructing new pavement in an existing alley or repaving existing paved alleys will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction or reconstruction of alleys or to assess costs using existing rate schedules. Parking lots. Generally, one -half of the costs of constructing new parking lots or repaving existing parking lots will be assessed to benefiting property owners. Typically, for city-owned parking lots, benefiting properties will be identified before the improvement project and the City will specify the area(s) to be assessed. Assessments will be determined using the weighted average of a property's valuation and its distance from the parking lot being improved. The City, however, reserves the right to participate at any level in the construction, reconstruction or rehabilitation of parking lots or assess costs using existing rate schedules. Sidewalks /trailshvalkways. The costs of installing new sidewalks, trails and walkways, including, but not limited to, provision of links from new developments to the City's existing network, providing sidewalk on all major arterial and major collector routes, and in all commercial and high- density residential areas will generally be assessed to property owners. See Sidewalk/Trail/Walkway policy included herein. Street amenities and streetscapes. The costs of installing new street amenities and streetscapes will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction of new street amenities and streetscapes or to assess costs using existing rate schedules. Street boulevard trees. Street boulevard trees in new development areas are generally paid for with funds collected upon signing developers agreements. The cost of replacing, maintaining and caring for existing street boulevard trees is generally not assessed to property owners. The City, however, reserves the right to participate at any level in costs associated with street boulevard trees or to assess for costs allowable by the Statute or by using existing rate schedules. Streetlights. The entire cost of installing new or decorative streetlights will generally be assessed to benefiting property owners. Generally, replacement of standard streetlights will not be assessed. The City, however, reserves the right to participate at any level in the construction or replacement of streetlights or to assess costs using existing rate schedules. • 7 q (6� • Traffic control devices, such as signs and signals, are generally included in the cost of street construction, reconstruction and rehabilitation, and are assessed accordingly. Traffic signals are generally assessed to adjacent properties based either on traffic generated from sites or to properties located on the legs of the intersection served by the traffic signal. • Dikes and flood control works. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. • Retaining walls and area walls. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. Enhanced 911 markers. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. ■ Parks, open spaces, playgrounds and recreational facilities. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these • facilities or to assess costs using existing rate schedules. Miscellaneous Public Improvements Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance a]] or portions of the cost of a wide variety of public improvements identified in the Statute. The City intends to maximize the benefit of funding from outside sources. Benefiting properties of projects funded in part or whole by outside sources will generally be assessed in a manner equitable to benefiting properties for projects that do not receive funding from outside sources. Funding from outside sources will generally be used to reduce City costs for public improvements and will generally not benefit properties directly, except when authorized by the City Council. 0 8 (�) Private Infrastructure In cases where approved developments were constructed with private roadways and infrastructure, the entire cost of maintaining and improving the private infrastructure will be the responsibility of the development. The City has the right to make necessary repass to water, sewer, storm water, and other necessary utilities at the cost of the private development. The City intends to provide reasonable notice to private developments when repairs to the water, sewer, storm water, or other utility systems are necessary, however, the City retains the right to make necessary repairs or suspend service in the case of emergencies. Restoration costs for roadways and other infrastructure disturbed while making necessary repairs to utility systems are the responsibility of the development. Street Improvements Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of street improvements identified in the Statute. In all cases, the City reserves the right to combine components of street improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of construction, or to assess costs using existing rate schedules. Components of street improvements include, but are not limited to: • Curb and gutter. Costs for curb and gutter are generally included in general street construction assessment calculations. The City may assess for curb and gutter separately, if it is determined to be necessary or desirable. Driveways and approaches. Typically, 65% of the cost for driveway reconstruction will be assessed to properties. Generally these assessments will be determined on a per unit basis if all driveways are, for the most part, the same size. Use of area calculations may be used if there are significant variations in the size of driveways. The City may assess all costs for replacing driveways having defective construction at the time of the improvement. New construction of streets. Generally, the entire cost of newly constructed streets, including all related components, appurtenances and restoration, will be assessed to benefiting properties. Reconstruction and partial reconstruction of streets. Generally, the cost of reconstructed or partially reconstructed streets, including all components, appurtenances and restoration, will be assessed to benefiting properties based on existing rate schedules. • 90� ■ Rehabilitation of streets. Rehabilitation includes, but is not limited to reclamation, cold -in -place recycling, concrete pavement restoration, and mill and/or overlay. Generally, the cost of rehabilitation, including all components, appurtenances and restoration, will be assessed to benefiting properties based on existing rate schedules. ■ Maintenance of streets. Maintenance includes, but is not limited to seal coat, crack seal and patching. Maintenance of streets will not generally be assessed to abutting property owners. The City, however, reserves the right to assess for assess for street maintenance costs in accordance with the Statute. Roadway safety improvements and Turn Lanes. Generally, the entire cost of roadway safety improvements attributable to identifiable properties, including all components appurtenances and restoration, will be assessed to benefiting properties. Sanitary Sewer & Waterworks Improvements Pursuant to the Statute, the City intends to use special assessments, at their discretion, to fmance all or portions of the cost of sanitary sewer or waterworks improvements identified in the Statute. Generally, maintenance of sanitary sewer and waterworks are accounted for with utility funding. Significant improvements to the system, however, may require assessments to benefiting properties. In all cases, the City reserves the right to combine components of sanitary sewer and waterworks improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of improvements, or to assess costs using existing rate schedules. Components of sanitary sewer and waterworks improvements include, but are not limited to: Sanitary Sewer Access Charge (SAC). SAC charges identified on existing rate schedules are generally applied at the time building permits are applied for. The City, however, reserves the right to assess for SAC charges. Water Access Charge (WAC). WAC charges identified on existing rate schedules are generally applied at the time building permits are applied for. The City, however, reserves the right to assess for WAC charges. ■ Sanitary sewer and waterworks, including Sanitary sewer or water trunk lines. The City generally pays the costs to over- size trunk lines (over 8" diameter for low to mid-density residential areas or over 10" diameter for commercial/industrial /high- density residential areas). Remaining costs are generally assessed to benefiting properties. Costs for replacement of trunk improvements are generally included in monthly utility fees and are paid by the City. The City, however, reserves the right to assess for construction or reconstruction of trunk lines. • 10 q co o Sanitary sewer or water main. Costs for new standard size mains are generally assessed to benefiting properties. Costs for replacement of mains are generally included in monthly utility fees and are paid by the City. The City, however, reserves the right to assess for mains. o Sanitary sewer or water service laterals. Costs for new service laterals are generally assessed to benefiting properties. Costs generally include all related appurtenances and restoration, including any work done outside the right -of -way. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. Storm Sewer Improvements Pursuant to the Statute, the City intends to use financing from its Storm Water Utility, Drainage Districts, and special assessments to benefiting properties, at their discretion, to finance all or portions of the cost of storm sewer improvements identified in the Statute. Generally, maintenance of storm sewer works is accounted for with Storm Water Utility funding. Significant improvements to the system, however, may require assessments to benefiting properties. In all cases, the City reserves the right to combine components of storm sewer improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of improvements, or to assess costs using existing rate schedules. Components of storm sewer improvements include, but are not limited to: • Storm Sewer Access Charge. At this time, the City does not have storm sewer access charges. The City, however, reserves the right to establish these charges and charge these costs at the time building permits are applied for using existing rate schedules or to assess these costs. • Storm sewer works, including Storm sewer trunk tines Costs for construction of storm sewer trunk lines may be assessed to benefiting properties. Costs associated with regional ponds, trunk storm sewer outlets and lines, or other infrastructure constructed by the City to benefit the property being developed may also be assessed to benefiting properties. Assessments will generally be based upon utilization of those improvements and include all related components, appurtenances and restoration. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. o Storm sewer main. All costs for construction of storm sewer mains will generally be assessed to benefiting properties. Costs include all related components, appurtenances and restoration. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. • 11 o Storm sewer service laterals. All costs for construction of storm sewer service . laterals, including catch basins, storm sewer appurtenances, drainage tile, and sump pump connections, will generally be assessed to benefiting properties. Costs include all related components, appurtenances and restoration, including any work done outside the right -of -way. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. Rights -of -Way and Easements related to Construction Pursuant to the Statute, the City intends to use special assessments, at their discretion, to fmance all or portions of the cost of the acquisition of rights -of -way and easements related to public improvements identified in the Statute. Property owners who dedicate appropriate right -of -way or easements may be exempt from these assessments. If specific right -of -way and/or easement on any specific parcel(s) is /are deemed necessary to the improvement, the costs of acquiring the right -of -way and/or easement, including the cost of dedication of right -of -way or easement by any specific property owner may be assessed as part of the project costs. Rights -of -way and easements related to construction include but are not limited to: • ■ Rights -of -Way • Construction easements • Temporary easements • Permanent easements, including • Drainage and utility easements • Other permanent easements • Property acquisitions necessary to the improvement project Zonine Multiplier for Special Assessments The City may, at their discretion, use existing land uses and/or land -use zoning to determine appropriate special assessments. The City may apply a multiplier to existing rates for land uses and/or land -use zoning, other than single or two - family residential. In general, the City intends to use the following existing land use categories and/or land -use zoning to determine special assessments: • Single and Two - Family Residential • Commercial, Industrial, Institutional and/or Multi - Family Residential • Tax Exempt Properties • City-owned Properties 12 Deferment of Special Assessments • Property owners may defer special assessments using provisions of the Statute and City Policy, including: Statutory deferments. Under separate policy, the City, at its discretion, will generally defer special assessments on homestead property for property owners meeting income guidelines who are either 65 years of age or older or are retired by virtue of a permanent, total disability. Special assessments will be levied, but payment of special assessments will generally be deferred until the death of the owner (if the spouse is not otherwise eligible), the sale, transfer or subdivision of the property, loss of homestead status of the property, or upon a determination by the City Council that immediate or partial payment of the special assessment would pose no hardship. Unimproved and agricultural land. See attached policy. Tax forfeited property. See attached policy. In all cases of deferment, interest builds on the principal amount. If the assessment is activated after a period of ten years, the principal plus interest is compared to the same principal amount adjusted by the cumulative Engineering News Record (ENR) Cost Index over the same period of time, or other selected index, and the lower of the two • costs is selected for activation. Assessment Methods In order to implement special assessments, it must be determined that the property has received a benefit from the improvement, the assessment amount does not exceed the benefit received, and the assessment is uniform in relation to similar classes of property within the area assessed. The City intends to use special assessment rates, if applicable, or one of the other commonly used methods to determine costs to be specially assessed: Special Assessment Rates: The City Council may determine the value of various common components of public improvements and establish rates for special assessments. These rates shall be approved by resolution, be included in the City's rate schedule, and be reviewed and approved annually. The City reserves the right to assess using these rates, any other method described in this section, or combinations of them as may be necessary or desirable to meet the intent of the Statute. 0 13 () E� Front Footaee & Adjusted Front Footage � Generally a measurement of the feet . of frontage a lot has along an improvement project. The City may utilize adjusted front footage for lots that have irregular shapes. Generally, adjusted front footage is calculated by using the average of the front and rear lot lines, or by using the area of a lot divided by the average area of single and two - family lots. At the City's discretion, comer lots will generally be assessed for the short side of the lot, plus any footage on the long side over 132' in length. This credit only applies to improvements constructed on more than one side of a comer lot within a reasonable time period. The City reserves the right to assess all costs to a comer lot if it is determined that the lot receives additional benefit from an improvement to more than one side of the lot. The City reserves the right to develop an equitable adjusted front footage due to the large variance in the shape of lots and other conditions that may affect measurement of front footage. Per Unit (or Per Lot): Per unit or per lot assessments will apply equally to all parcels of land within an area. Under per unit/per lot assessments, parcels may be adjusted to residential lot equivalents by dividing the area of parcels by the average areas of single and two - family lots. Rates adjusted based on actual land use or land -use zoning may also apply. When lots in an affected area are generally of the same size and/or character, per unit/per lot assessments may be preferred. ■ Area: When it is determined to calculate special assessments using this method, • the actual area of parcels lying within the project area shall be used. The City will generally deduct the area of various geographical features, including: public rights -of -way and designated natural waterways, lakes, rivers and wetlands. Fixed Cost: Total project costs are divided by the total number of assessable units on a per lot or per unit basis, including assessable units based on the equivalent number of lots that could be created from any particular parcel. Miscellaneous Considerations Project Cost Determination. Total project costs are determined by adding the assessable costs and City costs. Assessable costs include that portion of public improvement costs that include engineering, constructing, restoring, financing and implementing the public improvement that are determined to be assessable by the City Council. City costs include that portion of public improvement costs that include engineering, constructing, restoring, financing and implementing the public improvement, other than those determined to be assessable by the City Council. Engineering, administration, financing and other project costs are assigned in accordance with the City's approved rate schedule. • 14 \ �l�b\ Funding from sources outside the City. Use of Municipal State Aid funding and funding . from other sources, including federal, state, local government or institutional grants will generally defray City costs and will not generally reduce the assessable cost, except in cases where the sum of funding sources exceeds the amount of City cost. Project Expenses. Improvement project expenses will generally be added to all construction costs to establish total project costs. Expenses generally include an applied standard rate identified in the City's rate schedule of construction costs for engineering, project administration, fiscal, legal, and other expenses. Additional expenses may be added, including land acquisition, landscaping and other costs directly relating to construction of the improvement. The City reserves the right to adjust the rate if conditions on improvement projects warrant variation from standard rates. Property Appraisals. Under special circumstances, the City may, at its discretion, call for property appraisals to determine appropriate special assessments. This method will generally not be used in the interest of timeliness and cost - effectiveness. This policy does not grant individual property owners the right to request property appraisals at the City's expense, nor does it guarantee that the City Council will use property appraisals in any circumstance to determine special assessments. Special Assessments on properties abutting roadways that are not owned by the City. Tc maximize funding from outside sources, properties abutting roadways and rights -of -way funded by sources other than the City will generally be assessed for any costs incurred to • facilitate the improvement in a manner equitable to properties that would abut City- owned roadways and rights -of -way and/or for improvements not receiving funding from any outside source. Prepayment of Assessments. Property owners may prepay assessments, in accordance with the Statute. The City Council may, at its discretion, authorize partial prepayments of special assessments before assessments are certified to the County Auditor. Extensions of Assessments. While no extensions will generally be granted, the City may, at its discretion, may provide extensions of special assessments on a case -by -case basis. Calculation of Assessment Rolls. Generally, assessment rolls will generally run for 10 years with equal principal payments. For projects with assessments of less than $3,000 principal, the City reserves the right to shorten the payment period. Interest rates will generally be calculated at I% over the true interest cost of the bond issued to finance the improvement, rounded up to the nearest hundredth of a percent. 0 15 C � (�,) Re- Assessment • Recognizing that various public improvements are perceived to have various life expectancies, the City has, at its discretion, adopted limitations on special assessments for an individual property or groups of properties based on the length of time that has expired since the last time the individual property or groups of properties has been specially assessed for a similar project. In general, the City will use service life expectancies for public improvements unless they are otherwise stated in the resolution ordering the improvement and preparation of plans. For projects of a similar nature, special assessments may be adjusted by multiplying the assessable cost for a property by the period of time that has expired since the last special assessment was made, divided by the improvement project's expected service life. Service lives for common projects include: • Street construction and reconstruction: 20 years • Water mains, sanitary sewer, and storm sewer construction: 30 years • Sidewalks and street rehabilitation: 10 years Current Services Charges. • Pursuant to the Statute and City Code, the City intends to use special assessments, at their discretion, to recover unpaid current services charges identified in the Statute, which include but are not limited to: • Sidewalk snow and ice removal charges • Weed elimination from streets and private property • Elimination of public health hazards from private property • Installation or repair of water service lines • Street sprinkling and dust treatment • Trimming and care of trees, and removal of unsound trees • Repair of sidewalks and alleys • Operation of streetlight systems • Operation and maintenance of fire protections systems • Abatement of nuisances • Removal of obstructions from sightlines at intersections • Sump pump recertification • Delinquent utility bills • 16 9 L�) Alternatives to Special Assessments • Pursuant to the Statute, the City may initiate alternative methods of financing certain public improvements identified in the Statute, which may include: • Special Service Districts • Housing Improvement Areas • Storm Sewer Improvement Districts • Sidewalk Improvement Districts Summary The purpose of this Special Assessment Policy is to establish as fair and equitable manner of recovering and distributing the cost of public improvements as is practicable. Disclaimer The City maintains the right to vary from this policy without notice at any time and for any reason determined to be in the best interest of principals set forth in the Statute and the Guide n U 17 9 (6� • Special Assessments on Tax Delinquent/Tax Forfeited Property This policy is intended to address issues surrounding special assessments on property where taxes are currently delinquent or on property that has been forfeited for failure to pay taxes. This policy is intended to be a guide for the benefit of the City Council, who will decide all questions regarding special assessments on these properties on a case -by -case basis. The City Council retains the right to deviate from this policy where necessary or beneficial to the City. • The City has made significant improvements in the City and has assessed some or all of the costs of these improvements to benefiting properties. • In some cases, the specially assessed cost of these improvements has not been recovered because the property owner has failed to pay real estate tax obligations and interest has continued to accumulate on the delinquent balances owed for special assessments. While it would be in the public interest to promote the return of tax delinquent and tax forfeited property to the tax rolls, any such return must be weighed against the cost of the improvements. The City Council has determined that a written policy would be helpful for guidance in reaching appropriate decisions on a case -by -case basis. The City Council will decide whether delinquent assessments are reinstated, reduced, or in some manner adjusted to facilitate the return of the property to the tax rolls. Based on the findings above, the City Council adopts the following policy related to special • assessments on tax delinquent and tax forfeited property. Special assessments on a tax delinquent or tax forfeited property will be reinstated when transactions occur related to the tax delinquent or tax forfeited property. The City Council may, at their discretion, abate or adjust special assessments on properties that are tax delinquent and tax forfeited property according to the following terms and conditions: The original principal amount of the special assessment will be reinstated. Accrued interest may be adjusted by the cumulative Engineering News Record (ENR) Cost Index over the same period of time, or other selected index, with the lesser of the two costs selected for reinstatement. The principal balance and calculated accrued interest so determined will bear an interest rate of 7% and be payable in equal installments over a 5 -year period. A written agreement will be entered into by all parities having interest in the property. The agreement will recite that the City is entitled to collect the special assessments, as provided by law or by foreclosure action, at the sole option of the City. ■ Proposed land use of the property will be a factor in whether the City Council abates or adjusts special assessments, but any development of the property or change in use contemplated or agreed to by all parties must be completed within one year of the City Council's decision to abate or adjust special assessments. • 18 9 0� • Deferral of Special Assessments on Undeveloped Property Deferral of all or portions of special assessments on undeveloped property is allowed by City policy and State Statute. In all cases of deferral, interest builds on the principal amount, but no payment of special assessments is due until assessments are activated. When special assessments are activated during the period when the bond for the improvements is active, there will generally be no adjustment to the special assessment. When the bond for the improvement is no longer active, the City may, at its discretion, adjust accrued interest by cumulative Engineering News Record (ENR) Cost Index over the same period of time, or other selected index, with the lesser of the two costs selected for reinstatement. Agricultural land: Special assessments may be deferred until the land is developed or otherwise utilized for non - agricultural uses. • Land outside City limits: Special assessments may be deferred until the land is annexed and/or developed. • Newly annexed platted land: Special assessments may be deferred, including: o Lots with certified septic systems: Special assessments, for water and sewer system improvements only, may be deferred. Documentation that the septic system is certified must be provided to the City within 30 days of the Assessment Hearing. Lots must also comply with existing zoning ordinances and all other • applicable state and federal laws. Water and sewer services must be installed and assessed at the same time. Assessments will be deferred until a structure is built, the lot is sold, subdivided, improved, until the septic system can no longer be certified, or for a maximum of ten years, whichever occurs first. o Lots with working wells: Special assessments may be deferred until the water system is utilized, or for a maximum of ten years. Water and sewer services must be installed and assessed at the same time. Assessments will be deferred until a structure is built, the lot is sold, subdivided, improved, until the well no longer functions, the septic system can no longer be certified, or for a maximum of ten years, whichever occurs first. o Lots with less than 250' of defined frontage: The City Council may, at its discretion, adjust the minimum lot width or otherwise defer a portion of the assessment for a maximum of ten years. Lots with 250' or more of defined frontage: The City Council may, at its discretion, defer special assessments on that portion of platted lots with frontage of 250' or more that is determined to be a separate lot that may be developed. Assessments will be deferred on that portion of the lot determined to be a separate lot until the lot is sold, subdivided, or for a maximum of ten years. The City Council may, at its discretion, may adjust the minimum lot width or otherwise defer a portion of the assessment for a maximum of ten years. • 19 q('6) • Overview Sidewalks/Trails/Walkways Policy This City of Hutchinson promotes the installation and use of sidewalks, trails and walkways within the City as part of an effort to be a "Bicycle and Pedestrian Friendly" community. It is the intention of this effort to make it possible and safe for people using the option of walking or bicycling, either for transportation or recreation, to travel safely throughout the City and access schools, recreational facilities, businesses and other points of interest. Construction, Repair and Maintenance Policies According to City Code, Chapter 7, it is the adjacent property owner's responsibility to construct, maintain and repair sidewalks adjacent to their properties. The City of Hutchinson has developed this policy in an effort toward consistent quality, and to provide for periodic review and maintenance of the City's sidewalk network. Under this policy, the City provides services, at its discretion, that may exceed those required by the City Code. This policy and any related action by the City Council or staff are not intended to reduce the responsibility of the adjacent property owner. The City reserves the right to enforce the requirements of the City Code. The City also reserves the right to deviate from this policy at any time and for any reason determined to be in the best interest of the City. Throughout this document, the term `sidewalk' includes sidewalks, trails, walkways and related appurtenances. • 1. Priority Criteria: The City will make provisions for sidewalks on or adjacent to public roadways and in public rights-of-way in a systematic manner. Priority is given to routes meeting the following criteria: a) Routes connecting to the Luce Line Trail and major destinations (for example; major employers, downtown business district, business centers, schools, recreational facilities, and other commonly used public facilities). b) Major commercial areas where foot traffic is essential. c) Along major roadways with traffic volumes exceeding 1,000 vehicles per day. d) Other areas indicated by the City. 2. Periodic, On -going Inspections: Inspections of sidewalk conditions are conducted in order to identify and initiate repair and maintenance projects. Inspections can be initiated upon receipt of information from outside sources or be scheduled inspections using City staff. The general policy for prioritizing repair and maintenance projects is as follows: a) Vertical deflections of over '/4" identified during inspections have the highest priority for repairs. Insofar as is practical, considering budget and time constraints, the City shall have these identified locations repaired during the next repair project. b) Vertical deflections of between %" and '/4" identified during periodic inspections are reviewed for inclusion in future repair projects. Locations with these vertical deflections that are not included in the next repair project will be considered for future projects and/or be included in the interim repair procedure. • 20 �(6) c) Vertical deflections of less than 'h" will not generally be included in inspection • reports unless the inspector determines that the location has a high potential for exceeding these criteria in the near future. d) Horizontal deflections, pitting and cracking will be analyzed on a case -by -case basis. e) Interim repair procedures, such as grinding, bituminous patching, etc., may be utilized in any situation to improve the safety of the sidewalk before being repaired. These interim repairs are prioritized based on Section 1 criteria and available resources, including staff time, technical ability, funding, etc. Sidewalk Removal: Sidewalks in disrepair that do not connect to other significant sidewalks, and are not on routes identified by the City, may be removed and the right -of -way restored to turf. 4. Installation/Significant Repair Cost: The costs of sidewalk installations and significant repairs within rights -of -way will generally be assigned in the following manner: a) The new construction of sidewalks on routes identified and approved by the City and listed in the Capital Improvement Plan will generally be completed at the City's cost, although the City reserves the right to have the costs assessed to adjacent property owners. b) The entire cost of sidewalk installation, adjacent to properties requesting them, or required by ordinance or agreement to have them, is generally assessed to adjacent property owners. Assessments may be based on adjusted front footage, or in a manner prescribed by the City Council, or by a subdivision agreement. c) The cost of significant repairs or reconstruction is generally the adjacent property • owner's responsibility. Significant repairs and reconstruction are generally assessed to adjacent property owners. Assessments are based on adjusted front footage, or in a manner otherwise prescribed by the City Council, or by a subdivision agreement. The City may agree, at its discretion, to pay for any portion of the repair or reconstruction cost. 5. Removal, Maintenance and Minor Repair Cost: The costs of sidewalk removal, maintenance, and minor repairs within rights -of -way will generally be paid for in the following manner: a) Maintenance and minor repairs, in general, will be completed at the cost of the City, although the adjacent property owner remains primarily responsible for this work. Maintenance and minor repairs include the intermittent replacement or repair of single panels or other improvements in which the cost of assessing is determined to be too high. This work is done at the discretion of the City, which maintains the right to assess for repairs. b) Maintenance and minor repairs done for safety reasons, which exceed 33% of the sidewalk frontage area of an adjacent property, may be billed to the property owner upon completion of the repair. Unpaid bills will be assessed to the property owner. c) Adjacent property owners may coordinate replacement of driveway panels or access ways adjacent to the maintenance project. Replacements of driveway panels or access ways will be billed to property owners and unpaid bills will be assessed to the property owner. d) The cost of removing sidewalk, rough grading the area, and providing topsoil and seed is generally an expense of the City. The cost of completing the restoration in • disturbed areas, including turf, is generally the property owner's. 21 e) If the City determines that the activities of or negligence of adjacent property owners • damaged sidewalks, property owners may complete repairs meeting City specifications at their own expense, if they are inspected and approved by City staff. Otherwise, the entire cost of restoring the sidewalk will be billed to the adjacent property owner. Any unpaid bills will be assessed to the property owner. 6. Snow Removal: It is the responsibility of the adjacent property owner, using due diligence, to keep sidewalks clear for pedestrian travel. There are certain sidewalks, identified by the City, which may receive some snow removal services from City staff and equipment. These services are provided at the City's discretion and do not relieve property owners of their responsibilities. Snow remaining on sidewalks 24 hours after the snow has stopped falling is a public nuisance. Property owners will be notified that their property is in violation. Beginning 12 hours after notification, City crews may clean sidewalks and bill adjacent property owners for that service. Unpaid bills will be certified to the following year's property taxes. 7. Adjacent Property Owner Obligation: It is the responsibility of the adjacent property owner to notify the Public Works department when a sidewalk that is potentially in need of repair is observed. As noted in Section 7.31 of the City Code, "It is the primary responsibility of the owner of property upon which there is abutting sidewalk to keep and maintain such sidewalk in safe and serviceable condition." r 1 • 22 9 0 -) Description of typical residential street improvement projects: • See City rate /fee schedule for costs for typical residential utility improvement projects. Total Street Reconstruction: Total street reconstruction generally includes reconstructing all base, sub - grade, paving, curb & gutter, and storm drainage improvements, including installation of sump water services. Additional assessments will generally be made for new utility services (sanitary sewer, storm sewer, or water) installed to serve properties. Partial Street Reconstruction: Partial street reconstruction generally includes limited improvements to base and sub - grade. Partial reconstructions typically include paving, curb & gutter, and storm drainage improvements, including installation of sump water services. Additional assessments will be made for required utility services (sanitary sewer, storm sewer, or water) installed to serve properties. Installations of utility services are generally not included in partial street reconstructions, except for limited areas (generally no more than 25 %) requiring those installations. Street Rehabilitation: is Street rehabilitation generally includes full -depth reclamation, limited improvements to base and sub - grade, paving, limited replacement of sidewalk and curb & gutter (generally no more than 25 %), and storm drainage improvements, including installation of sump water services. Typically in street rehabilitation projects, sanitary sewer and water services are left in place. In some cases, utility services will be installed to serve properties. In cases where utility services are installed, additional assessments will be made for those services. Mill/Overlay: Mill/overlay projects generally include milling off a portion of the bituminous surface and repaving. Manholes, valves and other structures at the surface may be repaired and adjusted to meet the new surface. In some cases, minor repairs will be made to base, sub - grade, sidewalk, and curb & gutter (generally to more than 10 %) in specific areas prior to repaving. Generally mill /overlay projects have no installation of utility services, but minor repairs may be made to utility infrastructure and are generally not assessed. These descriptions are based on typical improvement procedures and construction methods used on typical residential applications. Applicable rates for these improvements are identified in the City's rate schedule and may be modified at any time if additional or unique construction methods or improvement procedures are deemed necessary for specific improvements. 23 9u�) Description of typical residential utility improvement projects: 40 See City rate /fee schedule for costs for typical residential utility improvement projects. Water services — Existing Replace existing water service from main to property line during construction or reconstruction project. Sewer services — Existing Replace existing sewer service from main to property line during construction or reconstruction project. Water services — New Tap Install a new service by tapping into an existing PVC water main and extending the service to the property line. Assessments shall include additional costs for restoration of street surface, if required. There may be additions to this rate, if other types of water main are tapped. Sewer services — New Tap Install a new service by tapping an existing PVC sewer main and extending the service to the • property line. Assessments shall include additional costs for restoration of street surface, if required. There may be additions to this rate, if other types of sewer main are tapped. These descriptions are based on typical improvement procedures and construction methods used on typical residential applications. Applicable rates for these improvements are identified in the City's rate schedule and may be modified at any time if additional or unique construction methods or improvement procedures are deemed necessary for specific improvements. • 24 C� N) 0 Memo T« Mayor & City Council Fronx Brad Emans, Fire Chief cc: Gary Plotz, City Administrator Date: March 24, 2008 Re: Sale of Engine #9 (1982 American LaFrance) Engine #9: 1982 American LaFrance Fire Truck ` Diesel / Automatic, `1500 GPM Pump; ` 500 Gallon Tank; • Open Cab / Four Person; No equipment with the sale. The FD is seeking permission to sell Engine #9 (26 year old City owned fire truck) in the most efficient / economical manner possible. The goal is to receive the highest sale price with the lowest expense possible. Due to the federal "Fire Act" grant, where many smaller FD's are able to secure a grant to purchase new fire trucks, the "used" fire truck industry has diminished greatly! We feel that spending $1,000 to $1,500 advertising this truck in trade magazines is a basic waste of money, we do however feel placing the fire truck on either a -bay or Craig's list would give us the best opportunity to sell the truck and have a nationwide audience bidding on it. We would like to request that you set a minimum bid of $7,500, with the hope of receiving a number close to $10,000 or more. l J � eC�� Ll Il • Net Utility Plant Cash on Hand Operating Revenues Operating Expense Operating Income RONA Other Income (Expense) Transfer to City of Hutchinson Income missloners Monthly Salary 2004 2007 $ 36,204,505.00 $ 74,670,040.00 $ 74,240,715.00 $ 2,402,923.00 $ 1,839,119.00 $ 8,432,938.00 $ 16,430,608.00 $ 30,678,502.00 $ 45,850,292.00 $ 14,612,475.00 $ 28,250,880.00 $ 42,250,831.00 $ 1,818,133.00 $ 2,427,622.00 $ 3,599,461.00 5% 3% 5% $ (260,400.00) $ (593,255.00) $ (72,434.37) $ 650,000.00 $ 927,400.00 $ 1,077,184.65 $ 907,733.00 $ 906,967.00 $ 2,449,841.98 $ 439.90 $ 439.90 $ 439.90 1. Transfer for 2004($100,000) and 2007($185,500) does not include fees for service. 2. Transfer for 2007 does not include free roadway lighting($128,292). If the commisbn were given a 3 % pay raise annually over the last 14 years, the monthly salary would increase to $665. In addition, we are recommending the commission president receive 50% more than the commissioners due to the extra time involved. The presidents monthly salary would then be $1000. Commissioner Salary = $665 monthly Presidents Salary = $1000 monthly 0 AWaMrle Buffalo Cnquet East Bethel Elk River Fairmont Fryus Falls Fm Lake Hetltga New Utrn North Malkea North St, Paul Prior Lake Ranhsey Red wtrg Robbkwdals Rosemou SL Micheal SL POW Vadmle.Hawas wXYnsr Council Mrnbr Salary Sawn: Les" of Mkwwsaa Cbmis l c; � / ` V V Not,"tee 13,074 Nortrv." 6 13,917 CentrN 7 13,778 Can" 4 11,714 Northeesl 6 12,142 Metro 4 22,650 Central 4 10,720 Soulimmud 5 13,949 Central 8 17,424 Metro 4 22,001 Metro 6 17,369 Metro 4 13,977 Central 4 13,031 SoutNast 6 11.566 Metro 4 13,610 Sannwm 5 12.617 Soullhraet 4 11,776 Metro 4 19.413 Cr" 6 21,542 Meho 4 22,059 Intro e 16,329 Southeast 7 13,686 Metro 4 20,207 Metro 4 13,917 Canal 4 14,W6 Crrat 4 10,887 SouMeat 6 13,019 Metro 4 18.9" Cerarel 8 11,349 SoUdNaa 5 AVERAGE $10.000.00 $6,600.00 $3,440.00 $7,200.00 $5,700.00 37,DDD.00 $2.400.00 $7.800.00 $5,500.00 $6,000.00 $4,600.00 $5,276.00 $5,216.00 34.200.00 $4,8,20.00 $5,300.00 $5,200.00 $7.200.00 $6.200.00 38.000.00 $7.419.36 $8,097.00 $4.800.00 $4,000.00 $0.00 $3.900.00 38.000A0 $6,300.00 $6,000.00 $6.671.66 $25 per 2 hr nw*V Pree6Cgn Cha" Addl $50 $25 Per McMMg M-1 0 0 0 350.00 per rrwaYg $75 3354art Authority Mealln $354M npedel rrheerg SM.00 pr natrtrq 326 pr nhea&g $20 per meabrg $5d ndy (mat SS(Wtlay) 0 WA HeaMPartrars Great woo Blue Cana Btra SMeld Health Prbners Dental WA WA WA WA F $6.876.00 $0.00 $0.00 $0.00 $000 76,662.00 311.700.00 SOHO $0.00 $0.00 $0.00 $16,464.00 0 • i • Alwrdrm 11,323 CeNnl 1 58,683.00 WA B4 W# 13,074 NoAN1eM 1 112,000.00 525 per 2 N mwtkg WA Brakwd 13,817 Central 1 $7,800.00 Nor HeaLlPrtrmre $8,676.00 $11,700.00 Bidhlo 13,776 CerNel 1 $4,640.00 $25 Per Meaeng Clopual 11,714 NOM~ 1 $9,600.00 Eael Beets 12.142 Metro 1 $B Eat Rhrer 22,550 Centre) 1 $10,000.00 Fakrigrtl 10,720 Soutwmsi 1 $2,400.00 $40 (Leal Wnr FeW Fae4 13,919 Crrel 1 $12,900.00 Bkm Cron BW SNOW $0.00 $OAO Form[ Lake 17,424 Metro 1 $8,500.00 HeeM Pertrrra Dermal 1 Woes 21,001 Metro 1 $8,400.00 0 Hopkkm 17,389 Metro 1 $8,000.00 0 WA Htchkman 13,977 Car" 1 $8,246.00 $60 Mrm1e$ 13,031 SouBnwM 1 $8,248.00 Mml6ola HW" 11,568 Metro 1 $5,700.00 New L9m 13,610 SmOmW 1 $5,400.00 North Menkeb 12,817 SODUW et 1 $7,900.00 North St. P&A 11,778 kletro 1 56,400A0 NorlhffW 19,413 Car" 1 sq,600.00 0 WA $0.00 $0.00 Prior Lake 21,542 Metro 1 $7,700.00 $50.00 Per rrra0rg WA $0.00 $0.00 Rrneey 22,059 Metro 1 $8.000.00 Red Wkg 16,329 Southeast 1 $8,644.98 $75 WA 70.00 $O.OD Rtetrlmaele 13,886 Matra 1 $10,151.00 Rommornl 20.207 Metro 1 $5.500.00 $35Por1 Aowky Meow Srw 13,917 Cr4al 1 $6,000.00 93Sf60 Wpadd MMWQ - SL Mlc t 14,686 Car" 1 $0.00 $70.00 per meaft SL PMr 10,887 SOrrleeel 1 $6,200.00 $25 Par -OOM Vaamla d wo 13,019 MMro 1 $7,500.00 1146rnr 16,948 C&" 1 $9,800.00 $20 Par nmob WortNrgM 11,349 SaMw" 1 $10.000.OD $Sdnmstkg (rrm[ $50VEay) SMr kmlaee $8,85200 $16,464.00 Mayor S"v AVERAGE $7,60$36 So : Leapm of Mkrrada CNea CITY COUNCIL MINUTES — OCTOBER 9, 2001 . Steve Metz, Waste Management, addressed the Council. He explained that McNeilus had expressed to them that they would be able to meet the City's and Waste Management's needs, but have not been able to do so. Overall, the process and program is working out very well. He appreciates the City's cooperation. Motion by Mlinar, second by Hoversten, to approve revising refuse /organic contract with Waste Management. Motion carried unanimously. John Mlinar questioned whether or not resident's fees would be reduced based on the savings the city will obtain from the change in the contract. Mr. Plotz explained that this will be considered as the agreement is being revised. (b) CONSIDERATION TO AMEND 2001 GENERAL FUND BUDGET & ESTABLISH BUDGET FOR STORM WATER REVENUE FUND Ken Merrill, Finance Director, explained that some city department directors have requested that individual areas be eliminated from their budget and aligned into a larger department. However, these items /areas will still be able to be tracked via the accounting system. Mr. Merrill is also proposing that money that was allocated in the general fund be pulled and a Storm Water Fund be created. Motion by Mlinar, second by Peterson, to approve the amendment of the 2001 general fund budget and establish budget for storm water revenue fund. Motion carried unanimously. (c) CONSIDERATION TO AMEND ORDINANCE NO. 93 -94 — AN ORDINANCE ESTABLISHING THE SALARIES OF MAYOR AND ALDERMEN Ken Merrill explained that these changes would need to be made before the November 6, 2001 Special Election. • Mayor Torgerson explained that there has been one increase to the Council member's salary in the past 18 years. He feels that the workload has increased and changed significantly in these years. Mr. Mlinar feels that in accordance with the salary survey of surrounding cities, Hutchinson is in the ballpark of council member salaries. Motion by Mlinar, second by Peterson, to leave the Mayor and Council members' salaries as currently stated. Motion carved unanimously. (d) CONSIDERATION OF SETTING BUDGET WORKSHOP FOR TUESDAY, OCTOBER 23, 2001, AT 4:00 P.M. Motion by Mlinar, second by Peterson, to set a budget workshop for October 23, 2001, at 4:00 p.m. Motion carried unanimously. John Mlinar questioned Ken Merrill on the shortfall of $220,000 in local government aid. Mr. Merrill noted that the League of Minnesota Cities is researching the reason for the distinct decrease in funds. Mr. Merrill will bring additional information to the Council before the end of the year. Mr. Mlinar feels that the city should be informed if the city may be doing something "wrong ". Mayor Torgerson would like to know who should be contacted to explain the reason that Hutchinson received such a significant decrease in funds compared to previous years. Mr. Merrill explained that the state strike does propose a problem to answer any questions in relation to this issue. 9. MISCELLANEOUS • 1 b(b) CITY OF HUTCHINSON • MEMO Finance Department October 5, 2001 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL. FINANCE DIRECTOR SUBJECT: MAYOR & COUNCIL PAY & PER DIEM I am attaching the ordinance, which sets the pay for Mayor and City Council members. The ordinance also sets the rate and maximum amount for the Mayor's per diem. If changes were to be made the council would need to set the new rates and have the ordinance in place before the November election . The last time an adjustment was made was in 1994 as follows: Prior to 1994 1994 to current Mayor $648.33 $687.23 Per Diem $25.00 & $35.00 $60.00 & $90.00 Max $1,020.00 $4,980.00 City Council $415.00 $439.90 • �6��� I April 1, 2008 City of Hutchinson Hutchinson Municipal Airport — Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 To: Honorable Mayor & City Council members From: John Olson, Public Works Manager Subject: Consultant Services —2008 Runway Safety Improvements TKDA, the Airport Engineering firm, has submitted a proposal for Preliminary and Design Engineering Services for the 2008 Runway Safety Improvement project. The project will consist of crack filling the longitudinal cracks that have developed in the . runway. On a number of occasions, smaller aircraft with small tail wheels have had their wheels follow the longitudinal cracks, leaving the pilots with less control over their aircraft. There have been no reported incidents of property damage or personal injury. Since the runway surface is in relatively good condition, a crack filling project is more cost effective than any other type of surface repair. The project is estimated at $100,000, with $95,000 coming from Federal Funds, and the remaining $5,000 from City funds. Of the $100,000, Preliminary and Design Engineering Services accounts for about 18% of the total. This smaller amount is due to the relative ease of the project. The rate appears to be reasonable, given the timeframe that TKDA had to complete preliminary and design engineering services, and I recommend approving Preliminary and Design Engineering Services with TKDA for the 2008 Runway Safety Improvements in the amount of S 18,100. • 1 D(�� V 0 0 2008 Airport Runway Safety Improvements Total FederL�=I Project Development services $ 3,700.00 3.7% $ 3,515.00 $ 185.00 Project Design services $ 9,850.00 9.9% $ 9,357.50 $ 492.50 Special Design services $ 4,550.00 4.6% $ 4,322.50 $ 227.50 Construction $ 81,900.00 81.9% $ 77,805.00 $ 4,095.00 Total Project $ 100,000.00 too.o% $ 95,000.00 $ 5,000.00 Consulting services` $ 18,100.00 18.1% Construction $ 81,900.00 81.9% Total Project $ 100,000.00 100.0% "Rate appears appropriate. Typical City rate= 24% for projects. Recommend approval of contract with TKDA. 0 TKDA ENGINEERS • ARCHITECTS • PLANNERS 444 Cedar Street, Surte 1500 . Saint Paul, MN 55101 -2140 (651) 292 -0400 (651) 292 -0063 Fax www,tkda -corn April 1, 2008 John Olson Hutchinson Area Transportation Facility 1400 Adams Street SE Hutchinson, Minnesota 55350 Re: Hutchinson Municipal Airport 2008 Capital Improvement Program TKDA Project No. 14122 Proposal for Engineering Services Dear Mr. Olson: We have enclosed two partially- executed copies of our proposal for Preliminary and Design Engineering Services for the 2008 Capital Improvement Program (CIP) at Hutchinson Municipal • Airport (HCD). The proposal has two components. The first part is a general services engineering agreement which can remain in effect as long as the City wishes. There are no dollar amounts associated with this general agreement. The second part is a project- specific authorization which describes the project and the associated workscope. For future projects, we would need only to prepare the specific authorization. The proposed project - specific authorization provides design services for longitudinal runway crack repair. The City's CIP contains $100,000 for this effort. This proposal has three components, which include: (1) $3,700 for project formulation; (2) $9,850 for basic design services; and (3) $4,550 for special design services; for a total of $18,100. Project formulation includes preliminary work including CIP assistance, alternatives, and state and federal funding coordination. Basic design includes preparation of plans and specifications, bidding assistance, and recommendations regarding contract award. Special design services provide the miscellaneous federal requirements such as the Construction Safety Plan, DBE Compliance, permitting and airspace considerations, Construction Management Plan, etc. n U An Employee Owned Company Promoting Affirmative Action and Equal Opportunity )b(`) John Olson Hutchinson Municipal Airport Proposal For Engineering Services • April 1, 2008 Page 2 As you know, there is an economy of scale, with smaller projects requiring comparatively higher engineering costs. The basic design component is less than 10% of the total, which is consistent with industry averages for work of this type. This project is scheduled for 95% federal participation, so the local share of this proposal will become $905. If this proposal is satisfactory, please execute both copies of both agreements (general and project- specific) and return one copy of each to TKDA. Thank you for your consideration. We look forward to working with you toward another successful project at Hutchinson Municipal Airport. Please contact me with any related questions or comments. Sincerely, is Lyle W. Kratzke Senior Project Engineer LWK:lw Enclosures • Hutchinson City Center • April 9, 2008 Dear Hutchinson Resident, 111 Hassan Stmet SE Hutchinson, MN 55350-2522 324.587.5151/Fa 320- 234.4240 Over the last several years the Hutchinson City Council and city staff have worked diligently to keep increases in the city tax levy to a minimum. These efforts have resulted in the total city levy increasing an average of just over 4.0% each of the last four years, instead of the double digit increases that many cities have seen. Those same efforts are taking place this year as the city council and staff start working on the budget for 2009. However, based in part on similar levy increase parameters set by the council, the city is facing a possible shortfall of approximately $660,000. Meeting this year's budget and providing comparable services will be a challenge to say the least. Part of the problem is the continued under - funding of the Local Government Aid (LGA) program that has taken place since 2003. This successful state program was established • in 1971 and created a partnership between the state and local governments to help provide important basic services to our citizens. However, in 2003 the program saw a funding cut of $150 million which is still being felt today. This is because more of the burden has shifted to local property taxpayers resulting in higher taxes, reduced services, or both. The Legislature did attempt to partially correct this problem last year, but the bill that included the restoration of S70 million of the LGA cuts was vetoed by Governor Pawlenty for reasons other than the increase in LGA. This year a bill is currently working its way through the Legislature that would restore $90 million to the LGA program. Besides helping to keep your property taxes in line and helping the city continue to provide the services that you have come to expect, this increased funding would also provide assistance to additional cities that rightfully need the help. Without the assistance of citizens like you, however, this bill has little chance of passing in the Minnesota House. We are asking property owners in the City of Hutchinson to e-mail or call Representative Ron Shimanski and other key legislators to ask them to support House File 3756, sponsored by Representative Paul Marquart, chair of the House property tax committee. Chances are better for passage of a companion bill in the Senate, Senate File 3234, sponsored by Senator Rod Skoe, chair of the Senate property tax committee. That is why n U Prin[ed on rtrycicd paper - � o��� we are urging you to contact Representative Shimanski and House members rather than • Senators. Tell them that the current housing crisis, rising service costs, the pressures on property values and threat of recession means it is more important than ever to live up to their promise of property tax relief. Passage of House File 3756 will not make up all of Hutchinson's projected shortfall, but it will make meeting our budget targets easier and provide more stability in LGA than we have seen in recent years. Contact information for Representative Shimanski and other key legislators is listed below. We urge you to get in touch with them today because time is of the essence. Ask them to help hold down property taxes and help cities provide necessary services by supporting House File 3756. The Hutchinson City Council appreciates your help and support. Sincerely, Mayor Steve Cook City of Hutchinson * This bill has the support of the League of Minnesota Cities, the Coalition of Greater Minnesota Cities, the Metro Cities, the Minnesota Association of Small Cities, and the North Metro Mayor's Association. • Contact Information Representative Ron Shimanski — 651- 296 -1534 or rel2.ron.shimanski(a,house.mn Representing Hutchinson in House District 18A Rep. Margaret Anderson Kelliher — 651- 296 -0171 or rep.margaret.kelliherC&state.mn Speaker of the House Rep. Loren Solberg — 651- 296 -2365 or rep.loren.solberena state.mn Chair, Ways and Means Committee Rep. Ann Lenczewski — 651-296-4218 or rep. ann. Ienczewski(d�state.mn Chair, Tax Committee • Dce)