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cp02-24-1998 cFEBRUARY SUNDAY MONDAY TUESDAY 1998 -22- -23- -24- HUTCHINSON Noon - Hutchinson Safety Council 7:00 am. - Leadership Team CITY Meeting at Elks Lodge Meeting in Main Conference Room CALENDAR 3:00 p.m. - Utilities Commission at Utilities Office 9:00 a.m. - Management Team Meeting in Main Conference 4:30 p.m. - Library Board Meeting Room WEEK OF at Library February 22 to February 28 5:30 p.m. - Airport Commission 5:30 p.m. - City Council Meeting Meeting at Airport Lobby in Council Chambers WEDNESDAY THURSDAY FRIDAY SATURDAY -25- -26- -27- -28- CONFERENCE /SEMINAR/ VACATION 23 -24 Marilyn Hed (V) 23 -27 Jim Marka (V) 5:30 p.m. - Tree Board Meeting in 24 -27 Dolf Moon (C) City Center Main 25 -26 Randy DeVries (S) 26-27 Larry Huhn (C) Conference Room C = Conference M = Meeting S = Seminar V = Vacation AGENDA • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 24,1998 Cpl: \1Igl.ICZ� :1 ' 2. INVOCATION - Rev. Jonathan Rathjen, Peace Lutheran Church PRESENTATION OF PLAQUE TO WILLIAM CRAIG iuy.c�. MINUTES OF REGULAR MEETING OF JANUARY 27, 1998 AND FEBRUARY 10, 1998 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL /INVESTMENT REPORT - JANUARY 1998 2. PLANNING COMMISSION MINUTES OF JANUARY 20, 1998 3. AIRPORT COMMISSION MINUTES OF JANUARY 26, 1998 • 4. HUTCHINSON LIGHT TRAFFIC ADVISORY BOARD MINUTES OF FEBRUARY 9. 1998 (b) RE NEWAL OF LICENSES: CLUB INTOXICATING LIQUOR SUNDAY LIQUOR STRONG BEER/WINE SET -UP LICENSE (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) APPROVAL OF 1998 EXCELLENCE PLUS OBJECTIVES (e) VACATION OF EASEMENTS LOCATED IN TENPART ADDITION REQUESTED BY CROW RIVER PRESS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE AND SET SECOND READING FOR MARCH 10, 1998) (f) AMENDMENT TO ZONING ORDINANCE #464, SECTION 8.06, 8.07 AND 9 REGARDING DENSITY REQUIREMENTS IN R -3 AND R4 DISTRICTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (WANE FIRST READING OF ORDINANCE AND SET SECOND READING FOR MARCH 10, 1998) (g) REQUEST BY JBS, INC. FOR EXTENSION OF "THE MEADOWS" FINAL PLAT FOR SIX MONTHS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS CITY COUNCIL AGENDA - FEBRUARY 24, 1998 • (h) REQUEST BY JBS INC. FOR LOT SPLIT ON JOHNSON PROPERTY LOCATED NORTH OF GOLF COURSE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (i) REQUEST BY 1ST MINNESOTA BANK FOR LOT SPLIT LOCATED ON SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS 0) REQUEST BY PAUL BETKER FOR LOT SPLIT LOCATED ON HILLCREST ROAD IN WALNUT RIDGE PLAT WITH FAVORABLE RECONMIENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (k) CHANGE STREET NAME FOR A PORTION OF LYNN ROAD TO HWY. 15 SOUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10988) Action - Motion to approve consent agenda 5. PUBLIC HEARING — 6:00 P.M. (a) REVIEW OF NEW TOBACCO LICENSING AND REGULATIONS LAW, MINNESOTA STATUTES, CHAPTER 227 Action - Motion to continue hearing to March 24, 1998 at 6:00 p.m. to consider City • Tobacco Ordinance G4•l•]ulull►1_ Y • 1. ._►J y • ► • 7. U t 1 -- NONE (a) CONSIDERATION OF SETTING BOARD OF EQUALIZATION MEETING FOR MAY 6, 1998 AT 4:30 P.M. Action - Motion to reject - Motion to approve (b) CONSIDERATION OF AUTHORIZATION FOR LONG -TERM INVESTMENTS Action - Motion to reject - Motion to approve (c) CONSIDERATION OF RETAINING BERNICK & LIFSON, P.A. TO DRAFT CUSTOMER SERVICE STANDARDS REGARDING CABLE TELEVISION ISSUES Action - Motion to reject - Motion to approve \_J 2 CITY COUNCIL AGENDA - FEBRUARY 24, 1998 P-A (d) CONSIDERATION OF REQUEST FROM MR. & MRS. DURWOOD LAMPRECHT FOR USE OF A PORTION OF PARKING LOT BEHIND BAVARIAN HAUS TO HOST AN "OKTOBERFEST" ON SEPTEMBER 19,1998 Action - Motion to reject - Motion to approve (e) CONSIDERATION OF 1998 TRUNK ASSESSMENT AND PROJECT EXPENSE RATES Action - Motion to reject - Motion to approve (f) CONSIDERATION OF GRANTING FRANCHISE TO COAST TO COAST, INC. FOR STRUCTURE ENCROACHMENT UPON CITY RIGHT -OF -WAY Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance No. 98 -218 and set second reading for March 10, 1998 (g) CONSIDERATION OF REQUEST FROM LIGHTHOUSE BOOKSTORE FOR USE OF PARKING LOT BEHIND DAIRY QUEEN AND CARLY'S SHOE STORE FOR AUTOGRAPH SIGNING ON THE EVENING OF MARCH 26, 1998 Action - Motion to reject - Motion to approve • (a) COMMUNICATIONS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 1 l It ► W i • 0 MEMORANDUM February 20, 1998 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary 611 y M M "8111►[9J_-N&I I�UJl1L � The City Council minutes from the meetings of January 27, 1998 and February 10, 1998 will be ready on Monday, February 23. They will be hand delivered to each of you. There were some unexpected projects that came up which took a considerable amount of my time. Therefore, the minutes did not get completed for the packet. • Wi MINUTES • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 27, 1998 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Jeff Haag, John Mlinar, Kay Peterson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Jon Lindekugel. 3. MINUTES The minutes of the regular meeting of December 9, 1997 and December 23, 1997; special organizational meeting of January 2, 1998; and bid openings of December 18, 1997 and January 9, 1998 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL /INVESTMENT REPORT - DECEMBER 1997 2. PLANNING COMMISSION MINUTES OF DECEMBER 16, 1997 3. AIRPORT COMMISSION MINUTES OF NOVEMBER 24, 1997 • (b) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 10977 - RESOLUTION SUPPORTING THE YOUTH INITIATIVE BILL 2. RESOLUTION NO. 10981 - RESOLUTION AUTHORIZING SOLICITATION OF CONSULTING PROPOSALS FOR EVALUATING POLICE DISPATCH SERVICES 3. RESOLUTION NO. 10980 - PRELIMINARY APPLICATION RESOLUTION FOR MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE, SOLID WASTE PROCESSING FACILITIES, CAPITAL ASSISTANCE PROGRAM, PRELIMINARY APPLICATION FOR STATE ASSISTANCE 4. RESOLUTION NO. 10982 - RESOLUTION AUTHORIZING APPLICATION FOR THE MCLEOD COUNTY SOLID WASTE ABATEMENT GRANT PROGRAM (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) OUT -OF -STATE TRAVEL FOR DIRECTOR OF ENGINEERING/PUBLIC WORKS (e) HAULER'S LICENSE FOR A. W. DISPOSAL INC. • (f) SNOW REMOVAL PERMIT FOR RON HANSEN CITY COUNCIL MINUTES - JANUARY 27, 1998 • (g) CONDITIONAL USE PERMIT REQUESTED BY KNIGHTS OF COLUMBUS FOR TWO TEMPORARY PORTABLE SIGNS LOCATED AT NATIONAL GUARD ARMORY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10978) (h) CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD INC., TO CONSTRUCT METAL SHED 6' FROM PROPERTY LINE AT 320 THIRD AVENUE NW IN I -C DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10979) Motion was made by Erickson, seconded by Peterson, to approve the consent agenda. Motion unanimously carried. 5. PUBLIC HEARING -- 6:00 P.M. (a) DISCUSSION OF COMMUNITY NEEDS a) New Senior Center b) Additional Ice Sheet C) Convention Center d) All Other Projects/Needs • Rich Westlund reported that a Community Needs Task Force consisting of nine members was appointed by the City Council to identify community needs. The Task Force took a broad approach which covered the seniors, youth and business sector. They narrowed the needs down to three potential projects; namely, a new senior center, an additional ice sheet, and a convention center. Tom Laurion, representing the Hutchinson Hockey Association, addressed the need for an additional ice sheet. He pointed out that the programs have grown, but they have limited ice facilities and time conflicts. Laurion commented on the different uses of the ice time by a large variety of users within the community. Therefore, it is recommended to construct in three phases a new building which would be compatible with the present structure. PHASE I -- Spring 1998; structure for second sheet of ice; $400,000 cost PHASE II -- Year open; put in ice, $200,000 cost PHASE HI — Could be postponed; $300,000 - $700,000 cost, depending upon foyer costs Chris Brown, member of hockey board, stated that he used to play hockey outside. The Civic Arena was built after he left the program. Three years ago it was determined that there was a shortage of ice so a youth rink was built at the fairgrounds. It presents a problem when there is no ice available for skating. Campbell Lake has been used for ice skating. The figure skaters have taken over the ice time. There are three teams of 15 kids at each level who need more ice for practice time. • CITY COUNCIL MINUTES - JANUARY 27, 1998 • Brad Emans , 742 Southview Court, commented that the concerns addressed by the Task Force are the same as his. He thought the Task Force and City should try to build these proposed facilities. Lorin Pollmann, a member of the Community Needs Task Force and Senior Advisory Board, stated the present facility is not large enough for the 125 seniors who use the Senior Center per day. The small office at the Center is used by three staff persons, and there is not adequate space to hold dances or for entertainment. Even the Senior Advisory Board meetings have to be held off -site. He stated a gift of two billiard tables and table tennis had to be declined due to shortage of space. They would like to have a woodworking room in the new facility. Since the Senior Center serves the surrounding area, the members have sponsored several projects and fund raisers to raise $70,000.00 toward a facility. Hometown Realty has committed to donate $50.00 for every 1998 closing to the Senior Center fund. It is estimated that it will amount to $5,000.00 to 7,000.00. Both the Fitzloff Hardware and Farm and Home buildings have been considered as a potential facility. Also, there has been consideration of adding onto the present Recreation Center since it would make available more programs (gym and pool) and provide ample parking. However, if the Senior Center were to be added on the north side of the Recreation Center, it would eliminate two baseball fields currently in use. Ruth Higginbotham stated she moved to Hutchinson in 1984. She became active in • the Senior Center and did volunteer work to raise money for a Senior Center for the future generations. She stated that there is no place for library books in the present facility. They want a ceramic class area as well as space to entertain visitors in a new center. Lester Smith, Senior Advisory Board, commented that he had recently visited the Willmar Senior Center. It was funded by the City of Willmar paying one -third the cost, the seniors paying one - third, and grants from foundations paying the final one- third. Duane Hoversten, Community Needs Task Force member, spoke on the need for a convention center. Presently there is no facility in town large enough to accommodate a large group. He pointed out that the 25,000 square foot facility would bring people to Hutchinson, add to the economic strength of the City, create retail and specialty shops, and add 50 more motel rooms. It was estimated that each convention attendee would spend about $240.00 in two days. The proposed convention center would need high technology equipment in the convention rooms and a ballroom to seat 1,000 people for catered meals. The large area could be divided into four smaller areas. Hoversten stated the goal was to hold 13 conventions in a year. The estimated cost of the convention center was $3.5 million and would require four full -time employees to operate it. Tom Wirt, 17614 240th Street, commented on the Minnetonka Community Center and stated they received federal funding for their facility. He inquired if anyone had considered putting all the needs into one area. Mr. Wirt stated the intergenerational issue came up for the Art Center. In Litchfield they put the youth and seniors 0 together for a nice blend. CITY COUNCIL MINUTES - JANUARY 27. 1998 P i Vi Mayer, Community Needs Task Force member and Chamber Executive Director, reported the Board of Directors voted unanimously in favor of the three projects recommended. Marsha Goff, manager of Americ -Inn, stated the City needs a meeting center for corporate people who are in town. She cannot bid conventions because there is no place to hold large meetings. Group tour operators would bring groups to Hutchinson if we had a facility available. Ms. Goff presented statistics obtained from the Minnesota Office of Tourism. Dave Radloff, 421 Campbell Lane, questioned if the proposed facilities were "needs" or `wants" The City has to look at the viewpoint of the taxpayer because the people g look at the overall taxation. He stated he supports the lu' hschool and feels its the most important building in town. Mr. Radloff commended the presenters, but he thought the question was "our they really needs or are they nice to do or compelling for the community?" Robert Hantge, 310 School Road SW, noted that he liked the ideas presented, but he liked the idea of combining them into one facility and save money. One per cent of the budget could take care of maintenance of the rivers and dredge out some of the areas that would damage boats, skiers and sand bars. Council Member Peterson commented that someone had called her to request the river be added to the list. • The Mayor stated the Art Center was a concern of someone who called him. Shan Colvin, 735 Shady Ridge Road NW, stated most of her questions were answered tonight. She asked if the start-up costs would be addressed at the hearing. She inquired about the operational costs and who would cover the long or short term losses. Michael Ribich, 1350 Campbell Lane NW, noted there must be identification between "need" and "desire." He has three children in youth hockey so he is familiar with that situation. However, he was not convinced that there was a need for a convention center. He had contacted two agencies for information, namely the Economic Trade and Development and the U of M Department of Applied Economics. Studies are available, but there are few on convention centers. Ribich did not recommend going forward with the projects until a feasibility study was conducted by an impartial person. He thought the City should leave construction of a convention center to the private enterprise or developers and not involve the tax payer. There are alternative options for tax such as using capital improvement funds for two of the projects and a restaurant/hotel tax to pay for the convention center. Bob Barwick, owner of Americ -Inn and Comfort Inn, stated that private enterprise will not build the convention center. People do not want to pay higher prices for motel rooms to attend a convention. It takes 100 rooms to support a conference center. He commented that the City has to add to the current process of the community which increases the tax base. Barwick stated he built his hotel in 1994, and he sees the City of Hutchinson as a progressive community. is 11 CITY COUNCIL MINUTES - JANUARY 27, 1998 E Council Member Mlinar commented on the Youth Center which the City provided. He stated that Hutchinson is the "center" for the surrounding area. (b) DISCUSSION OF FINANCING METHODS a) General Obligation Financing - b) Sales Tax Option (Special Legislation) and Local Referendum C) Local Fund - Raising d) Other Ideas Finance Director Kenneth B. Merrill addressed the methods of fund raising or financing for the proposed facilities. He stated that general obligation bonds would need voter approval. The one -half cent sales tax would generate $735,000.00 revenue based upon 1995 sales. With that revenue, it has been projected that it would support a $5 million bond issue to be repaid over a 15 year period. Tom Wirt asked if state or federal funding had been researched. He was told "no." Chester Kiekhafer, 316 Connecticut Street, commended the group for the information provided and suggested going to the public for a vote. The City Attorney stated that a general obligation bond would require voter approval while a sales tax would require the consent of the Legislature. He suggested adoption of a Resolution requesting Legislature to authorize enabling legislation to employee a one -half cent sales tax with a sunset provision and a referendum by the voters:: • ► 1 % tax on restaurant and on -sale liquor transactions. ► Tax on new and used automobiles limited to $20 charge per vehicle. ► 1 /2% tax on all transactions presently taxable under M.S. Chapt. 297A. ► Tax designed to raise a maximum of $5 million in gross tax revenue, with exception of 1% restaurant and alcoholic beverage tax above (which would remain in place to finance convention center activities since restaurant and on -sale liquor establishments benefit from this project); '/2 cent sales tax would expire when $5 million in gross tax revenue has been raised. ► Referendum of voters of the City of Hutchinson would be required to impose the tax. Motion was made by Erickson, seconded by Mlinar, to close the hearing at 7:57 p.m. Motion unanimously carried. Motion was made by Mlinar, seconded by Haag, to approve the City Attorney's recommendations and to adopt Resolution. Motion unanimously carved. 7. 91 -- NONE (a) CONSIDERATION OF REQUEST FROM HCDC FINANCE TEAM FOR APPRAISAL OF THREE PARCELS ON BLOCK 42 IN DOWNTOWN • HUTCHINSON CITY COUNCIL MINUTES - JANUARY 27, 1998 • Motion was made by Mlinar, seconded by Erickson, to approve the appraisals. Motion unanimously carried. (b) CONSIDERATION OF AMENDMENT TO CITY OF HUTCHINSON HOUSING REHABILITATION LOAN PROGRAM PROCEDURAL GUIDE Motion was made by Erickson seconded by Peterson, to approve the amendment. Motion unanimously carried. (c) CONSIDERATION OF APPLYING FOR ENERGY CONSERVATION GRANT FROM HUTCHINSON UTILITIES Motion was made by Peterson, seconded by Haag, to approve the application for a grant. Motion unanimously carried. (d) CONSIDERATION OF EMPLOYEE ASSISTANCE PROGRAM Motion was made by Mlinar, seconded by Haag, to approve the program. Motion unanimously carried. (e) CONSIDERATION OF REVISED LIQUOR LICENSE SECTIONS FROM HUTCHINSON MUNICIPAL CODE BOOK Motion by Erickson, seconded by Mlinar, to approve the revisions and to waive first • reading of Ordinance No. 98 -217 and to set second reading for February 10, 1998. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM HUMAN RESOURCES COORDINATOR The Human Resources Coordinator presented a listing of positions recommended for reclassifications in 1998. Motion was made by Mlinar, seconded by Peterson, to approve the reclassifications. Motion unanimously carried. (b) COMMUNICATIONS FROM CITY ATTORNEY Anderson reported on his discussion with Attorney Larry Martin regarding the Wetherell property acquisition. He suggested making this an agenda item for February 10, 1998 to proceed with condemnation of the Wetherell parcel. (c) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Torgerson commented on Triax Cablevision and its increase in rates. There was discussion oftheir poor service and charging for a late payment when it was deposited in the drop box located in Hutchinson. (d) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR • Mlinar requested Assistant Director John Olson to comment on the snow removal CITY COUNCIL MINUTES - JANUARY 27, 1998 • policy in Hutchinson. (e) COMMUNICATIONS FROM ASSISTANT DIRECTOR JOHN OLSON Olson stated it was difficult to remove snow when it continues to snow for a period of time. There are certain routes that are considered emergency routes which will be kept open. (f) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Peterson reported that a Children's Librarian had been hired, and she began employment in January. (g) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz commented on the City Council/Directors workshop held January 21, 1998. Since not all the Directors completed their reports at that time, he questioned how the Council wished to have them presented. He mentioned the 25 items to be done in 1998 and asked if the Council wished to rank the items. (h) COMMUNICATIONS FROM FINANCE DIRECTOR Merrill reported on the monthly water billing process and stated the last billings were mailed for January. In February two sets of bills will be mailed, one -half the first part of the month and the balance at the end of the month. He is working on an automatic payment alternative to be in place by March. (a) VERIFIED CLAIMS Motion was made by Mlinar, seconded by Peterson, to approve the claims and authorize payment from appropriate funds. Motion unanimously carried. . 1 1 l: ►lu There being no further business, the meeting adjourned at 8:10 p.m. MINUTES • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 10, 1998 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Jeff Haag, John Mlinar, and Don Erickson. Absent: Council Member Kay Peterson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Jonathan Rathjen. PRESENTATION OF PLAQUE TO LORETTA PISHNEY Loretta Pishney was presented with a plaque in appreciation for her service on the Senior Advisory Board. The minutes of the regular meeting of January 13, 1998 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS BUILDING OFFICIAL'S REPORT FOR JANUARY 1998 • 2. LIBRARY BOARD MINUTES OF JANUARY 26, 1998 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 98 -217 - AN ORDINANCE OF THE CITY OF HUTCHINSON REVISING SECTION 5.01, ET. SEO. OF THE HUTCHINSON CITY CODE DEALING WITH LIQUOR REGULATION BY DELETING CERTAIN LANGUAGE THERETO AND ADDING LANGUAGE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10986 - RESOLUTION AUTHORIZING "REQUEST FOR PROPOSALS" FOR FEASIBILITY STUDY OF COMMUNITY FACILITY NEEDS RESOLUTION NO. 10983 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, LETTING NO. 3, PROJECT NOS. 97- 30,98-04,98-05,98-06,98-07,98-08,98-09,98-10 4. RESOLUTION NO. 10984 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, LETTING NO. 4, PROJECT NO. 98-15 5. RESOLUTION NO. 10985 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, LETTING NO. 5, PROJECT NO. 98-14 • (c) SNOW REMOVAL PERMITS ► DOUGLAS PETERSON, DOUG'S SNOW REMOVAL ► LONNIE KOHLS, KOHLS SWEEPING SERVICE h a. CITY COUNCIL MINUTES - FEBRUARY 10, 1998 • (d) OUT -OF -STATE TRAVEL BY PARKS/RECREATION /C.E. DIRECTOR (e) APPOINTMENT OF TIMM GRAGES TO LIGHT TRAFFIC ADVISORY BOARD (f) OPTION TO PURCHASE AVEYRON HOMES, INC. Motion was made by Erickson, seconded by Haag, to approve the consent agenda except for items 4 -b -(2) and 4 -(f). Motion unanimously carried. Item 4- b- (2)-- Anderson reported on today's legislative meeting and stated the presentation was well received, especially since the '/� cent sales tax requires a referendum vote by the residents. He recommended obtaining a "request for proposals" for a feasibility study on the community facility needs. Motion was made by Haag, seconded by Mlinar, to adopt Resolution No. 10986. Motion unanimously carried. Item 4- (f)-- Anderson commented that since a six-month moratorium was made by the City Council, they were not being asked to approve anything specific or obligate the City at this time. The City Attorney would prepare a document for option to purchase or an easement. The Aveyron Homes property is up for sale so the issue should be resolved soon. Following discussion, motion was made by Erickson, seconded by Mlinar, to recommend approval of the option to purchase. Motion unanimously carried. • 5. PUBLIC HEARING --NONE 1J..... 0 / (a) REPORTS BY DIRECTORS Dolf Moon - Parks, Recreation, Community Education Neil Wegner - Liquor Store Kenneth B. Merrill - Finance Steve Madson - Police Services Directors Moon, Wegner, Merrill and Madson presented the 1997 summary and 1998 objectives for their respective departments. 7. W,Z[a "a ICIWMI-3.11.71► m (a) CONSIDERATION OF AIRPORT USAGE FEE FOR HUTCHINSON TECHNOLOGY INC. Bernie Knutson, Transportation Team Chair, and Dick Lennes, HCDC Executive Director, presented a report on Phase II airport improvements. The total cost will be approximately $552,400.00. It was noted that since HTI has 500 -550 flights per year from the Hutchinson airport, the corporation has agreed to pay a ten year usage fee of $15,000.00 per year in one lump sum of S 150,000.00 at the City's request when needed. • 2 CITY COUNCIL MINUTES - FEBRUARY 10, 1998 • Motion was made by Mlinar, seconded by Erickson, to approve and adopt Resolution No. 10987. Motion unanimously carried. (b) CONSIDERATION OF APPROVING "MEMORANDUM OF UNDERSTANDING" FOR ADVANCED FLOOD WARNING DEVICES FOR CROW RIVER It was requested to defer this item until March since there were still some concerns. Motion was made by Erickson, seconded by Mlinar, to defer until March. Motion unanimously carried. (c) CONSIDERATION OF RENEWING CONTRACT FOR DRUG TESTING Motion was made by Mlinar, seconded by Erickson, to approve and enter into contract with Health Services of North America, Inc. Motion unanim ously carried. (d) CONSIDERATION OF AUTHORIZATION FOR LONG -TERM INVESTMENTS Motion was made by Mlinar, seconded by Haag, to approve the long -term investments. Motion unanimously carried. 9. MISCELLANEOUS (a) COMMUNICATIONS FROM MCLEOD TREATMENT PROGRAMS, INC. FOR • STREET LIGHT IN PARKING LOT LOCATED AT CORNER OF FIRST AVENUE AND HASSAN STREET IN BACK OF 101 PARK PLACE BUILDING Motion was made by Mlinar, seconded by Erickson, to refer the request to the Hutchinson Utilities. Motion unanimously carried. (b) COMMUNICATIONS FROM CITY ATTORNEY Anderson reported that a draft of the tobacco ordinance would be available this week, and a public hearing would be held prior to its adoption. (c) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar commented that the Directors' reports were good, and he thought it was important for the public to hear them. (d) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz stated that the job description for the new full-time Fire Chief position had been reviewed, and the present Fire Chief contributed some good suggestions. It was recommended that two representatives from the Fire Department and a representative from the City Council participate in the interviewing process. The position will be posted internally in the Fire Department so all firemen will be eligible for applying for the position. The City Administrator commented on the January City Council/Directors Workshop. • He thought it would be constructive to prioritize goals and objectives for 1998 as well CITY COUNCIL MINUTES - FEBRUARY 10, 1998 • as for 1999 -2001. Plotz stated the City should move forward based on the three -year plan. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Rodeberg reported the 5th Avenue bridge project is one -third completed and should be opened by July. (a) VERIFIED CLAIMS Motion was made by Haag, seconded by Mlinar, to approve the claims and authorize payment from appropriate funds. Motion unanimously carried. \11 L�Ti; Vu There being no further business, the meeting adjourned at 6:58 p.m. • • JANUARY1998 7,869.34 7,869.34 61,289.00 53,419.66 JANUARY199 REVENUE REPORT - GENERAL JANUARY YEAR TO ADOPTED BALANCE PERCENTAG O AXES MONTH DATE ACTUAL BUDGET REMAINING USED FINANCE 0.00 0.00 1,538,854.00 1,538,854.00 0.00% LICENSES 610.50 610.50 25,250.00 24,639.50 2.42% PERMITS AND FEES 10,020.74 10,020.74 170,050.00 160,029.26 5.89% INTERGOVERNMENT REVENUE 29,885.50 29,885.50 2,536,051.00 2,506,165.50 1.18% CHARGES FOR SERVICES 41,024.46 41,024.46 1,143,074.00 1,102,049.54 3.59% FINES & FORFEITS 1,383.00 1,383.00 66,000.00 64,617.00 2.10% INTEREST 4,248.33 4,248.33 100,000.00 95,751.67 4.25% SURCHARGES - BLDG PERMITS 562.33 562.33 1,000.00 437.67 56.23% CONTRIBUTIONS FROM OTHER FUND 25.00 25.00 1,181,500.00 1,181,475.00 0.00% REIMBURSEMENTS 4,357.53 4,357.53 37,500.00 33,142.47 11.62% SALES 1,745.91 0.00 8,300.00 8,300.00 0.00% TOTAL 92,117.39 92,117.39 6,807,579.00 6,715,461.61 1.4% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 7,869.34 7,869.34 61,289.00 53,419.66 12.8% CITY ADMINISTRATOR 14,666.55 14,666.55 193,678.00 179,011.45 7.6% ELECTIONS 1,365.32 1,365.32 6,800.00 5,434.68 20.1% FINANCE 28,843.84 28,843.84 324,562.00 295,718.16 8.9% MOTOR VEHICE 8,401.35 8,401.35 138,414.00 130,012.65 6.1% ASSESSING 0.00 0.00 29,869.00 29,869.00 0.0% LEGAL 7,490.67 7,490.67 87,900.00 80,409.33 8.5% PLANNING 3,863.52 3,863.52 47,909.00 44,045.48 8.1% POLICE DEPARTMENT 112,257.62 112,257.62 1,693,236.00 1,580,978.38 6.6% LIAISON OFFICER 6,803.17 6,803.17 111,646.00 104,842.83 6.1% RP CHOOL MERGENCY MANAGEMENT 10.65 10.65 2,500.00 2,489.35 0.4% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE DEPARTMENT 10,768.38 10,768.38 236,980.00 226,211.62 4.5% FIRE MARSHAL 1,745.91 1,745.91 0.00 (1,745.91) ERR PROTECTIVE INSPECTIONS 11,805.98 11,805.98 154,468.00 142,662.02 7.6% ENGINEERING 27,721.57 27,721.57 407,983.00 380,261.43 6.8% STREETS & ALLEYS 52,01 8.16 52,018.16 620,902.00 568,883.84 8.4% STREET MAINTENANCE A/C 8,643.11 8,643.11 89,400.00 80,756.89 9.7% CITY HALL 8,721.83 8,721.83 91,721.00 82,999.17 9.5% PARK/RECADMIN. 11,174.64 11,174.64 149,569.00 138,394.36 7.5% RECREATION 8,534.56 8,534.56 211,381.00 202,846.44 4.0% SENIOR CITIZENS CENTER 5,713.57 5,713.57 102,346.00 96,632.43 5.6% CIVIC ARENA 18,517.83 18,517.83 190,291.00 171,773.17 9.7% PARK DEPARTMENT 43,117.46 43,117.46 643,795.00 600,677.54 6.7% RECREATION BUILDING & POOL 8,557.50 8,557.50 92,090.00 83,532.50 9.3% LIBRARY 1,853.05 1,853.05 108,077.00 106,223.95 1.7% CEMETERY 1,771.46 1,771.46 100,667.00 98,895.54 1.8% DEBT SERVICE 700.00 700.00 87,134.00 86,434.00 0.8% AIRPORT 2,880.67 2,880.67 43,160.00 40,279.33 6.7% TRANSIT 8,300.48 8,300.48 113,201.00 104,900.52 7.3% COMMUNITY DEVELOPMENT 6,532.11 6,532.11 88,376.00 81,843.89 7.4% UNALLOCATED 25,938.86 25,938.86 577,985.00 552,046.14 4.5% TOTAL 456,589.16 456,589.16 6,807,579.00 6,350,989.84 6.7% u #-A (J-) JANUARY 1998 CITY OF HUTCHINSON FINANCIAL REPORT - 1997 JANUARY ENTERPRISE FUNDS REVENUE REPORT- LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCEPERCENTA JANUARY DATE ACTUAL BUDGET REMAINING USED` LIQUOR SALES 60,875.90 60,875.90 829,000.00 768,124.10 7.3% WINE SALES 21,028.49 21,028.49 314,000.00 292,971.51 6.7% BEER SALES 88,995.99 88,995.99 1,358,000.00 1,269,004.01 6.6% BEER DEPOSIT (488.80) (488.80) 0.00 488.80 0.0% MISC. SALES 7,303.58 7,303.58 140,000.00 132,696.42 52% LOTTERY SALES 383.00 383.00 2,900.00 2,517.00 132% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 0.0% CASH DISCOUNTS (1,450.19) (1,450.19) (21,700.00) (20,249.81) 6.7% INTEREST 758.58 758.58 6,000.00 5,241.42 12.6% TOTAL 177,406.55 177,406.55 2,628,200.00 2,450,793.45 6.8% »ib9�:1�5�1 LIQUOR FUND PERSONEL SERVICES 17,049.38 17,049.38 231,412.00 214,362.62 7.4% REPAIR & MAINTENANCE 1,187.77 1,187.77 13,350.00 12,162.23 8.9% CONSULTING 11,795.00 11,795.00 0.00 (11,795.00) ERR OTHER SERVICE & CHARGES 0.00 0.00 66,800.00 66,800.00 0.0% DEPRECIATION 0.00 0.00 26,000.00 26,000.00 0.0% DEBT SERVICE 0.00 0.00 35,730.00 35,730.00 0.0% TRANSFERS 0.00 0.00 245,000.00 245,000.00 0.0% COST OF SALES 220,403.69 220,403.69 2,011,290.00 1,790,886.31 11.0% MISCELLANEOUS 225.00 225.00 8,100.00 7,875.00 2.8% CAPITAL OUTLAY 0.00 0.00 3,000.00 3,000.00 0.0% TOTAL 250,660.84 250,660.84 2,640,682.00 2,390,021.16 9.5 %* REVENUE REPORT - WATER SEWER/FUND SCORE 0.00 131,000.00 131,000.00 0.0% LICENSES 0.00 GRANT 0.00 50,000.00 50,000.00 0.0% WATER SALES 102,931.28 102,931.28 720,000.00 617,068.72 14.3% WATER TREATMENT SURCHARGE 9,316.26 9,316.26 0.00 WATER METER 465.00 465.00 14,000.00 13,535.00 3.3% REFUSE SERVICES 82,267.58 82,267.58 484,000.00 401,732.42 17.0% REFUSE SURCHARGE 9,010.52 9,010.52 55,000.00 45,989.48 RECYCLE BAGS (24.05) (24.05) 0.00 24.05 0.0% REFUSE STICKER SALES 110.45 110.45 0.00 (110.45) 0.0% REFUSE RECYCLING (8,764.00) (8,764.00) (10,000.00) (1,236.00) 0.0% COMPOST CREDIT (1,520.69) (1,520.69) (60,000.00) (58,479.31) 0.0% COMPOST & RECYCLE SALES (105.83) (105.83) 10,000.00 10,105.83 0.0% SEWER SERVICES 240,308.09 240,308.09 1,900,000.00 1,659,691.91 12.6% PENALTY CHARGES 1,464.39 1,464.39 18,000.00 16,535.61 8.1% INTEREST EARNED 10,125.00 10,125.00 240,000.00 229,875.00 4.2% LOAN REPAYMENT 411.76 411.76 38,630.00 38,218.24 REFUNDS & REIMBURSEMENTS 0.00 3,000.00 3,000.00 0.0% OTHER 100.00 100.00 6,000.00 5,900.00 1.7% CONNECTION CHARGES 0.00 0.00 TOTAL 446,095.76 446,095.76 3,599,630.00 3,162,850.50 12.4% EXPENSE REPORT - WATER SEWERIFUND REFUSE 42,052.81 42,052.81 684,479.00 642,426.19 6.1 %* WATER 63,695.11 63,695.11 1,273,982.00 1,210,286.89 5.0% WASTEWATER 50,458.39 50,458.39 2,625,214.00 2,574,755.61 1.9% TOTAL 156,206.31 156,206.31 4,583,675.00 4,427,468.69 3.4% 'CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This Instrument MCOIVes payments monthty and depending on speed of payment of mortgagages the yield could Increase or decrease A GNMA with fixed maturity but has a call date of 8112197 "' Federal Home Loan Mlg Corp w/ floating rate (floor of 5.0%) • (1) CMO has been repaid In full 6f7/95 (2) Value is as of 6130196 Amount 367,500.00 302,437.50 197,000.00 300.071.92 152,953.52 300,000.00 150,331.65 100,000.00 200,000.00 500,000.00 144,831.56 300,000.00 500,000.00 200,000.00 500.000.00 600,000.00 400,000.00 400,000.00 400,000.00 400,000.00 200,000.00 400.000.00 400,000.00 400,000.00 200,000.00 600,000.00 $8,615,126.15 CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 20- Feb-98 JANUARY 1997 • Data Data Interest Of Of Institution Description Rate Purchase Maturity TREAS BONDS 644136 7.18% 12112191 2/1 W001 TREAS BONDS 644137 7.13% 12/12/91 10/15/98 Smith Barney GNMA 865M7 7.000% 2/15/93 8 /1212002 Smith Barney 313400 S H 7 5.00% 12/30/93 03110100 Prudential pool 336914 7.226% 12 31 96 02 01 2026 Expected IHe 6.2 years Smith Barney FNMA 6.100% 01 20 98 01 2005 Prudentail pool 336399 7.270% 12 31 96 0201 2026 Expected life 4.1 years Citizens, Marquette 4.00% 04/2596 06/01/2001 Flrstate, First Minnesota Prudential Fed Home laon 7.50% 01/28198 07/28/03 Smith Bamey FNMA 6.09% 12/19195 12/19/00 Smith Barney FNMA pass thru 7.50% 12!20195 06/01/02 REPAYMENT Smiht Barney FNMA 6.10% 0120198 0120105 Firstate 1847000000566 5.62% 12/11/97 02/12/98 Marquette 1635 5.900% 11 26 97 112598 • Firstate 411241884 5.52% 0127/98 03/12/98 Firstate 411235266 6.30% 05/15/97 05/14/98 First American B 85577 6.00% 05130/97 0326198 Citizens 29820 5.65% 1211 97 02 25 98 First Federal 29824 5.75% 12111/97 02/12/98 First Federal 9052 6.250% 05 30 97 05 28 98 First Federal 411248152 5.75% 10/17!97 10/16/98 Citizens Bank 29831 5.750% 10 16 97 031798 Citizens Bank 29838 5.800% 11 1397 051498 Citizens Bank 29838 5.900% 11 1397 11 1298 Citizens Bank 29838 5.8001, 11 1397 07 29 98 Citizens Bank 29841 5.600% 11 2097 07 29 98 'CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This Instrument MCOIVes payments monthty and depending on speed of payment of mortgagages the yield could Increase or decrease A GNMA with fixed maturity but has a call date of 8112197 "' Federal Home Loan Mlg Corp w/ floating rate (floor of 5.0%) • (1) CMO has been repaid In full 6f7/95 (2) Value is as of 6130196 Amount 367,500.00 302,437.50 197,000.00 300.071.92 152,953.52 300,000.00 150,331.65 100,000.00 200,000.00 500,000.00 144,831.56 300,000.00 500,000.00 200,000.00 500.000.00 600,000.00 400,000.00 400,000.00 400,000.00 400,000.00 200,000.00 400.000.00 400,000.00 400,000.00 200,000.00 600,000.00 $8,615,126.15 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, January 20, 1998 • 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Arndt, Dave Westlund, Jim Haugen, Joe Drahos, Jeff Jones, Jeff Haag and Chairman Wood. Also present: Jim Marka, Director of Building, Planning and Zoning; Bonnie Baumetz, Planning and Zoning; and Barry Anderson, City Attorney. .. 1 111!1101111114111 Mr. Westlund made a motion to approve the minutes of the meeting dated December 16, 1997, seconded by Mr. Haag the motion carried unanimously. a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE KNIGHTS OF COLUMBUS FOR TWO TEMPORARY PORTABLE SIGNS LOCATED AT THE NATIONAL GUARD ARMORY, 1200 HWY 22, AND 327 HWY 7 EAST. Chairman Wood opened the hearing at 5:32p.m. with the reading of publication #5134 as published in The Hutchinson Leader on Thursday, January 8, 1998 The request is for the purpose of conditional use permit requested by The Knights of • Columbus to place signs on property located at 1200 Hwy 22 South and 327 Hwy 7 East. Bonnie Baumetz explained the location and type of sign. The placement of the signs will not cause a site distance problem. The Planning Staff recommended approval contingent upon MN /Dot approval . Ms. Baumetz read a letter from Robert Draper MN/DOT representative. The letter said off premise advertising requires an annual permit. A letter would be sent giving a 60 -day removal notice. Mr. Draper suggested The Knights of Columbus consider applying for a permit to erect a permanent sign if this option complies with local regulations. Planning Commission discussion determined this organization was performing a service to the community. City sign ordinance Sec 10.2 (k) states off - premise signs are not permitted except with special permission of the City Council. Mr. Haag moved to close the hearing, seconded by Mr. Arndt the hearing closed at 5:40 p.m. Mr. Haag made a motion to recommend approval of the motion, seconded by Mr. Arndt the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD INC., TO CONSTRUCT A 78' X 102' COLD STORAGE SHED 6' FROM THE PROPERTY LINE INSTEAD OF THE PREVIOUSLY PROPOSED 20' SETBACK LOCATED IN THE I/C DISTRICT ON 3RD AVE NW. is Chairman Wood opened the hearing at 5:45p.m. with the reading of publication #5135 as published in The Hutchinson Leader on Thursday, January 8, 1998 The request is for the purpose of considering a conditional use permit to construct a 78' x 102' cold storage shed 6' from the property line instead of the previously proposed 20' setback located in the I/C District on 3rd Ave. NW. Page 2 Planning Commission Minutes January 20, 1998 Ms. Baumetz explained due to the change of setback from the property line from 20' to 6' , Stearnswood, Inc. resubmitted a conditional use permit Mr. Marka said Steamswood Inc. will construct a firewall because the structure will be located within 20' of the property line. Mr. Arndt moved to close the hearing, seconded by Mr. Drahos the hearing closed at 5:46p.m. Mr. Westlund made a motion to approve the request with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. None • • -- ► a) REVIEW OF SECTION 8.17 OF THE ZONING ORDINANCE Mr. Marka presented the review. K•LkhkiI1LIN7V1C• ► FROM STAFF REGISTRATION • LAND USE PLANNING WORKSHOPS Ms. Baumetz gave information on the dates and locations of the workshops. The • Earl Brown Center in St. Paul is recommended, because it may be more city oriented. Ms. Baumetz asked the commissioners to turn their registrations in to her. b. Mr. Marka explained the staging plan. There being no further business the meeting adjourned at 6:20 p.m. 0 • + HUTCHINSON AIRPORT COMMISSION January 26, 1998 5:30 p.m. Airport Lobby Meeting called to order at 5:30 p.m. by Chairman Jim Faber Members Present: Mayor Torgerson, Joe Dooley, Robert Hantge, AI Koenig Members Absent: Dennis Kahl Others present: Tom Parker, Bernie Knutson City Staff: John Olson 4�0 (page 1 of 2) A motion was made by Robert Hantge and seconded by A] Koenig approving the minutes of the November 24, 1997 meeting. Unanimous approval. Tom Parker reported that the fuel system seems to be working well after problems with the computerized payment software. Parker also reported that he plans to have the fuel system accept MasterCard and Visa credit • cards. For some customers it will be necessary to continue using the control cards already being used. Examples were given of customers that will be allowed to retain their control cards. Tom reported that he will greatly reduce the number of control cards. Members of the commission suggested to Parker that he retain the billing feature for fuel. Commission members explained that they appreciate being billed for the fuel rather than relying on credit card receipts. It was the Commission's feelings that the number of control cards be reduced, as currently there are over 100 cards, some of which have not been used enough to warrant keeping them. Regarding computer problems, A] Koenig, Commissioner, will be able to help Parker with the computer system. Jim Faber requested that between the City and Parker, that control card holders be notified of the change from City billing to having Parker controlling the fuel. John Olson was asked to notify Connie Maki, City Finance Dept., that these letters were requested. The Commission also asked Parker to work with Maki to get the mailing list. The letters will be sent once Parker has made his decision regarding billing for fuel. An update regarding Phase II of Airport improvements was made. It was noted that both Parts A and B are being included in the finding for fiscal year 1999, which begins October 1, 1998. Jerry Peterson, TKDA Engineers, checked with Mn/DOT to ensure the Phase project is on the funding fist for Phase 11 in FY 1999. A motion was made by Robert Hantge, seconded by AI Koenig, requesting that the City Council follow up on the Phase I payment that is due from Mn/DOT. The Commission requested that the � -A ( '3) HUTCHINSON AIRPORT COMMISSION January 26, 1998 page 2 City Council prepare a letter or a resolution requesting that Mn/DOT inform the City of any reasons that the payment has not been made. The request included the City Attorney be advised of this situation. Unanimous approval. Olson was asked to contact Mn/DOT regarding the radio in the airport lobby. The radio has been transmitting intermittently. Olson was also directed to check on the mounting of the satellite dish on the hangar building. It was noted by Joe Dooley that Dave Skaar, the former Chair, had forwarded a request in the fall of 1997 to Mn/DOT for R.C.O., which allows pilots to receive clearance for flights over their radio, rather than calling in requests on the telephone. Commissioners felt that the system is warranted because of the amount of traffic at the airport (over 1,000 flight operations in 1997). Bernie Knutson has Dave Skaar's E -Mail address and will contact him regarding the status of the request. A motion was made by Mayor Torgerson and seconded by Robert Hamge to adjourn. Unanimous approval. Next Meeting: Monday February 23, 1998 at 5:30 p.m. Location: Airport Lobby Report Submitted by John Olson 11 THE HUTCHINSON LIGHT TRAFFIC ADVISORY BOARD HUTCHINSON LIGHT TRAFFIC ADVISORY BOARD MINUTES Monday, February 9, 1998 5:30 p.m. Members Present: Ed Doring, Archie Woodworth, John Mallak. Leslie Smith, Brian Bonte and Timm Grages Staff Present: Dolf Moon, John Rodeberg, Dave Mueller and Bonnie Baumetz L UPDATE ON COSTS AND PRIORITIZATION OF SYSTEM IMPROVEMENTS • John Rodeberg commented on the bike lane /trail system improvements proposed for 1998 and 1999. He explained there will be "share the road" signs, stripped lanes and trails proposed. John distributed a cost per mile estimate table which included the proposed improvements for both years. He also explained funding is available from State Aid and Federal sources. H. BIKE AND BLADE BONANZA UPDATE Dave Mueller stated he is trying to contact Phil Graves and Jim Lyons to donate money toward the helmets to be distributed to participants in the bonanza. He reminded the board the event will be held May 2nd and volunteers are needed. Dave reported that he has contacted Ms. Nancy Frank, Dept. of Public Safety, to help with media coverage of the event. HI. HUTCHINSON MALL COMMUNITY SERVICES DAY Bonnie reported the Spring event will be held on April 1 Ith. Archie Woodworth agreed to chair the committee. John MallaL Leslie Smith and Dave Conrad volunteered to help with the event. Bonnie will send in the contract to reserve a booth for April I Ith. IV. DOWNTOWN SIGNAGE UPDATE John Rodeberg and Dave Mueller will review the pedestrian signage currently downtown and make recommendations for new signs. i 4 A. (4) V. CRAIG AVE. UPDATE i This item will be discussed in March. John Rodeberg did report there is a blanket easement option on the property at this time. VI. OTHER ITEMS I) John Rodeberg commented on his concerns with sidewalks throughout the city with no connections to the businesses which are near the sidewalks. Discussion followed on asking the businesses to add a connection sidewalk to their business. John will draft a letter for the Light Traffic Board to approve. Brian Bonte made a motion to consider revision of the ordinance regarding sidewalks in new developments, seconded by John Mallak the motion carried unanimously. A draft ordinance will be presented at the next meeting. 2) John reported the 5th Ave. bridge is ahead of schedule. Discussion followed on bike paths in the area. VII. NEXT MEETING The next meeting will be held on Monday, March 9, 1998 at 5:30 p.m. in the Main Conference Room at the City Center. Agenda items for the next meeting include: Hutchinson Mall Community Service Day update, Craig Ave. Update, Funding for the Bike and Blade Bonanza and Review of draft ordinance regarding sidewalks. ' ►lul • i The meeting adjoumed at 6:35 p.m. cc: Dolf Moon Dave Mueller John Rodeberg Brenda Ewing 0 f1 0 Light Traffic Planning Type of Improvement Cost per Mile Multi -Use 10' Bituminous $110,000.00 1998 1.3 E - s - timated Cost $143,000 Description Century Avenue, School*, Luce Line Trail* Bicycle Route (signing onl $1,000.00 1.2 $1,200 Sunset Street, Juul Road, Grove Street Bicycle Lanes & Signing $1,600.00 4.3 $6,880 School Road`, 5th Avenue South Sidewalks (5' concrete) $60,000.00 0.5 $30,000 Roberts Road*, School Road* TOTAL (1998) 0.5 $181,080.00 Miscellaneous Improvement Type of Multi-Use 10' Bituminous $110,000.001 0.9 $99,000.00 De scription South Grade Road* (2 areas), Aveyron, 8th Avenue SW Bicycle Route (signing onl $1,000.001 0.7 $700.00 Roberts /Lakewood Bicycle Lanes & Signing $1,600.001 1.6 $2,560.00 Franklin Street, Linden Avenue, 5th Avenue SE Sidewalks (5' concrete) $60,000.00 0.5 $30,000.00 Miscellaneous TOTAL (1999) $132,260.00 * Non -bond funding sources expected 0 0 0 BIKE LANE /TRAIL SYSTEM IMPROVEMENTS EAR ITEE 1998 STR STR STR STR Lane Lane Trail Trail Trail ROUTE Juul Road Grove Street Wagners Addition Sunset Street School Road 5th Avenue SW Luce Line School Campus Century Avenue 1999 STR Century Avenue STR Lakewood Drive STR Roberts Street SW Lane Jefferson Street Lane 5th Avenue SE Lane Franklin Street Trail 8th Avenue SW Trail South Grade Road Trail /STR Craig Avenue Trail South Grade Road ERMIN/ Dale Street to Lynn Road Linden Avenue to Washington Avenue 8th Avenue west of Dale Street South Grade Road to Century Avenue Entire Route( ?) Lynn Road to Adams (TH 22) Arch Street to east city limits School Road to Wagners Addition T11 15 to Sunset Street TH 15 to Jefferson Street S. Grade to 8th Avenue SW North of 8th Avenue SW N &S of Century Avenue ( ?) Adams Street (TH 22) to Michigan St. Linden Avenue north to River Lakewood to Roberts and Hunters Ridge Lakewood Drive to South Grade Court Dale Street to Recreation Center Dale Street to School Road OTHER ROUTES ON "SHORT -TERM PLAN" Golf Course Rd Entire Length 5th Avenue NW Entire Length North High Dr (CSAH 12) Through Town Northwoods Area (Park, Flm St., etc.) Various areas Bluff Street Entire Length Echo /fremoiit/Browii/Oakland /Merrill Street ( ?) "Downtown" Connections ( ?) HTI Connection to Luce Line ( ?) PARTNERS State Aid Isr DRAFT - OUTOUR 13, 1997 LENGTH DNR/Dakota Rail School District State Aid County State Aid /County On hold until future development occurs On hold until western connection determined On hold for other trail connections/planning On hold for other trail connections/planning On hold for planing/design /coordination with County On hold for future planning NOTES: LANE = striped /on- slreel, STR = "Share - /he- Road" signing, TRAIL= Separale bihrminous lrail//0'minimum LIQUOR LICENSE HOLDERS -- 1998 RESTAURANT/BAR Hi Tops Bar & Grill Mr. David Sowers 1150 Hwy. 7 W. Hutchinson, MN 55350 Gold Coin, Inc. Mr. Wm. Leung P. O. Box 635 Hutchinson, MN 55350 Main Street Sports Bar Rahn C. Hoseck & Joel L. Starrett 18 Main St. N. Hutchinson, MN 55350 Best Western - Victorian Inn Mr. Gary Schwarzrock • 1000 Hwy. 7 W. Hutchinson, MN 55350 Bavarian Haus Mr. Durwood Lamprecht 36 Main Street N. Hutchinson, MN 55350 Lamplighter Lounge II Mr. Gary Landreville 1011 Hwy. 15 S. Hutchinson, MN 55350 Jonny's Restaurant & Lounge Mr. Jon Quade 101 Park Place, Suite 105 Hutchinson, MN 55350 SET -UP LICENSE Little Crow Bowling Lanes Mr. Gail Plaisance P.O. Box 203 Hutchinson, MN 55350 CLUB American Legion Post #96 Mr. Roger K. Olson 35 Third Ave. SE Hutchinson, MN 55350 Crow River Country Club Mr. Mark Erickson, General Mgr. P. O. Box 9 Hutchinson, MN 55350 Elks Lodge #2427 Attn: Manager • P.O. Box 565 Hutchinson, MN 55350 VFW Post #906 Mr. Martin Bames 247 First Ave. SE Hutchinson, MN 55350 4i SUNDAY INTOXICATING LIQUOR LICENSE 0 American Legion Post #96 Crow River Country Club Elks Lodge 92427 VFW Post #906 Bavarian Haus Best Western- Victorian Inn Flyers/Hi Tops Bar & Grill Jonny's Restaurant & Lounge Lamplighter Lounge H Main Street Sports Bar • • Memorandum TO: Mayor and Council FROM: Gary Plotz, City Administrator RE: 1998 Excellence Plus Objectives DATE: February 20, 1998 Attached is the current version of the 1998 Council level Excellence Plus objectives. The objectives have been reviewed by both the full council in January and were again reviewed by the council representatives to the Leadership Team at their meeting of February 17. Please consider the objectives for approval at the council meeting of February 24, 1998. Be advised that once approved, the objectives may be revisited and revised at any time the council so desires. Enc. • E —J—D, 1998 Excellence Plus Objectives • Community Development 1. Facilitate the creation of at least 50 Hutchinson permanent manufacturing full-time jobs per year through 2001. 2. Implement a system to insure City comprehensive planning as an on -going process with appropriate yearly revisions by 2002. Community Involvement 1. Implement a minim of three methods for on -going communication with the residents of Hutchinson beginning in 1997 and continuing through 2001. 2. Use at least two separate methods to annually measure resident perceptions of City service issues through the year 2001. Finance Design and implement a formalized General Fund budget process that begins no later than February 1 of each planning year that conforms to the following criteria: • Develops revenue and expenditure calculations simultaneously in a format approved by the City Council. • Maintains a "personnel: 1000 est. population" ratio not to exceed_. (to be determined) • Generates a % FTE increase in personnel category, a % per personnel FTE increase and longevity that does not exceed 1.5 times the most recent CPI increase. • • Produces a priority list of capital items by department itemized in the two categories of "Replacement" and "New ". • Presented to the City Council in scheduled workshops using the approved format no less than quarterly of each year. 2. Reduce the City Debt Service from 43% to 30% of the total annual tax levy by 2002. 3. Project a five -year financial impact on all projects and programs exceeding $15,000, fast year cost to be implemented through 2001. Human Resource Development 1. Implement, by 2002, curriculum in four separate "skill sets" to be offered as classes for City employees. 2. Implement at least five City-wide policies relating to employee recognition, tuition reimbursement, personnel advancement, education/training, and community involvement by 2002. Operational Efficiency 1. By October 31 of each year, each department will present to the City Council a program cost analysis and level -of- service analysis for a minimum of one -fifth of the department's programs~ 2. Each department of the City will demonstrate by November 30 of each year at minimum one • measurable improvement that reduces expenditure, increases customer service, and/or reduces implementation time. `-I) • I 1 L C• Hutchinson Citv Center 111 Hu Street SE Hutchin , MN 55350.2522 320.587.5151/Fn 320.2344240 DATE: February 18, 1998 •• •. 1 t .t • ..tt 1• M91 .t Pursuant to Section 5.972 of Subdivision Ordinance No. 466, the Hutchinson Planing Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to vacate a 6.00 foot wide strip of land lying northerly of and adjoining the southerly line of Lot 1, Block 1, TENPART ADDITION, according to the recorded plat thereof, except the westerly 12.00 feet thereof. Also, a 6.00 foot strip of land lying southerly of and adjoining the northerly line of Lot 2, Block 1, of said TENPART ADDITION, except the westerly 12.00 feet thereof. Also, a 6.00 foot wide strip of land lying westerly of and adjoining the westerly line of Lot 2. Also, a 6.00 foot wide strip of land lying easterly of and adjoining the westerly line of Lot 3, Block 1, of said TENPART ADDITION. Also, a 6.00 foot wide strip of land lying southerly of and adjoining the northerly line of said Lot 3. On January 30, 1998, Tenpart Company, Crow River Press, submitted a petition for the vacation of easements located in Tenpart Addition. The public hearing was held at the regular meeting of the Planning Commission on Tuesday, February 17, 1998, at which time there were no neighboring property owners objecting to the request. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, February 5, 1998, and Tuesday, February 10, 1998. RECOMMENDATION It is the recommendation of the Planning Commission that the vacation be approved noting that 10' easements be rededicated along Shady Ridge Road and Hwy 7 W, vacation of interior lot easements, and a curb cut be set back 100' from Hwy 7. Respectfully Submitted, • Dean Wood, Chairman Hutchinson Planning Commission Primed m recycled paper - -- -- 350.00---- S89 °40'00 W 290.00 � Iz — - __ __ -- -_ 1 HUTCHIN SON UTLITY COMMISSION EASEMENT AS SHOWN ON PAGE 545 1 BOW( 64 OF MISCELLANEOUS, 1 FILE! OF REGISTER OF Off DS 1 COUNTY OF MCLEOD. O v'' LOT I ° o 1 Q h - 0 cc 1 I r 1: � r- - 145.00 Iz --- -- ---- --- ' - _ - - -- 145.00 -- --- -_- l 0 _ °� �� I , Z cc c o 1 I - m in o h i I 1 I I I r I l i l I I I I I I I Q 1 I I I q o Q I Y o LOT 2 LOT 3 N 0) d� o N I rrl I I of .� �HUTCHINSON UTILITY COMMISSION 1 v 2I � EASEMENT AS SHOWN ON FADE 543 ' I 1 6009 64 OF M I FILES OF REGISTER OF DEEDS I I COUNTY OF MCLE00. 1 I ( 1 005 32 � I I 0 R = 3199x4 I I 1 x:2°37 34. . A'60.96 - I R. 3199. 146.63 T.H. '7 8 22 11I I R :3199.04 A° lY R/W LINE OF A, 145.60 °19 4711 NORTHER 1 0 _6 9 = 3199.04 a. i ..�� • Hutchinson Citv Center l J n U 0 DATE: February 18, 1998 •► I• :: r•► • . ulp►I•ulq►r • r •►Ih •;•1►.► r• t. Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend City Zoning Ordinance Section 10 HISTORY On January 5, 1998, Hutchinson Planning Staff requested an amendment to the City Zoning Ordinance Section 8.06, 8.07, and 9 regarding density requirements in the R -3 and R -4 Districts. 8.06 MEDIUM -HIGH DENSITY RESIDENTIAL DISTRICT DIMENSIONAL REGULATIONS (1) Minimum Lot Area and Dimensions: Use Minimum Lot Minimum Minimum Area per Lot Width Lot Depth Dwelling Unit Single- family 7,200 60 120 residence Corner: 80 Two - family residence 5,000(5/97) 80 (5197) 120 Max. ground coverage 35% 5197) Three (5197) to 4,200 * None None eight family (4/93) buildin Tewnhetises 4 None None " Does not count area set aside for surface water ponding below or wetland protection areas. 11 11 t 11 u . vR . u id _ .. u . . .. . . . . , F r amr • 1 . 1 1 LUMMUFAM ljIILFM9jVIIj@IIj Pnnwd on mcvded paper Ill ll c n Street SE Hutchinson. \PV 55350 -2522 320. 567- 5151/Fm 320 - 2344240 • C.•' 11 • . - -- •11 1' • - 11 1 11 .11 • - J • 1 •1 •�' 1• 11 '1 1 • 11 • _ __ •11 1' • -. 11 1 11 . 11 • - ' ' 11 1 11 11 • 1 •- • - Front • !11 _. • 1!•• •.. 1' • -. tlll Cv. ".1.1 •:1 •.. r_ 1.. •_ - lotl 1 • -. -. :�• •11•• 1_1 .1! •-.1. 1• _,1• •- '.• ( r_ • �P •1 (: •- 11 -• • 1" •'111 -1'1 •11 -. 11 -. 1 '1 -.1 .= • XMii -.1• �1' '111 ••'1 •- _ 1 -. 1• 25 8 25 35 MR MIMMI". 25 25 10 (2) Setbacks and Heights: Use Front Corner Side Interior Side Rear Height Single-family 25 25 8 25 35 Two-family 25 25 10 25 25 l u 3- (5197) to 8- famil 30 25 20' 40 35 Tewnhetises 39 25 29-t 49 35 Accessory Buildin s 30 25 6 6 16 ' Add 6 inches for each foot the average height of the building exceeds 20 feet. The minimum distance between towmhouse or fettf three- to eight- family buildings when the exterior walls are parallel shall be equal to the height of the exterior wall or 15 feet, whichever is greater. Townhouse of three - to eight - family buildings shall be no closer to one another at any point than 15 feet. SECTION 8.07 R-4 HIGH - DENSITY RESIDENTIAL DISTRICT DIMENSIONAL REGULATIONS (1) Minimum Lot Area, Width, and Depth: • r\ U In determining minimum lot area and minimum lot dimensions, the following table shall be used. The minimum lot area per dwelling unit may be adjusted using the schedule of allowances, also below. • n U Use Minimum Lot Minimum Minimum "1" - ..Y - -. oR •11 •11•A _ Area per Dwelling Lot Width Lot Depth •• •. 1• 1• M MA • Unit 3- (5/97) to 8- 4,000 * None None family buildin Townheuse 4,A9$- Nerve Nefte Apartment Bedrooms per unit: None None building 0: 2,500 sf /unit* 1: 3,000 sf /unit* 2: 3,000 sf /unit* 3: 3,500 sf /unit* Apartments for Bedrooms per unit: None None the elderly 0: 1,000 sf /unit* 1: 1,500 sf /unit* 2: 2,000 sf /unit* ` Does not include areas set aside for surface water ponding below the ordinary high water mark or wetland protection. The minimum lot area requirements listed above may be adjusted as follows : For each garage (parking unit) within or under an apartment building, subtract 400 square feet from the total minimum lot area. w�a %a:i: _ _ _ _ �, - - 1�ia :r3ri aiaarr�:ai� am 01= 1 • _ • - 1• 1 1 1 • 11 • •11 1 11 1 11 11 • - - ' 11 1 11 .11 • 1 •- _1 • 1 -1� -. • 11 • -11 �- � �- - ••11 1.. I SeTzra - • V atom • 11 LIF I (Well IN •• MITI • .y - _. •1 1 •- 1.. •- "1" - ..Y - -. oR •11 •11•A _ K -. 11 -l•. f -1. 1! -1• •- •• -9: • - • •1 Ia •- u... • 1" 1'111 -1 "1 fl 11- 1 "1 -1 = • 1 -.1• 1' "Mat •• •. 1• 1• M MA • - • •••1 %i• • -- .1• ... ILTIM11 MR. • (2) Setbacks and Heights: Use Front Corner Interior Rear Height R -5 Side Side 8.400 7.200 3- (5/97) to 8- 30 25 20` 40 35 family buildin Max. ground coverage 5,000 5,000 To"*ft ses 30 25 20 1 49 35 Apartments No less than 35 feet or the average 35 — height of the building, whichever is 4,200` 4,000' g reater. TewnMeasee Accessory 30 25 6 6 16 structures — — 0 B R/Efficiencv /DU Add 6 inches for each foot the average height of the building exceeds 20 feet. The minimum distance between buildings when the exterior walls are parallel shall be equal to the height of the exterior wall or 15 feet, whichever is greater. Buildings shall be no closer to one another at any point than 15 feet. SECTION 9 TABULATION OF DIMENSIONAL REQUIREMENTS Minimum Lot Area per Dwelling Unit: 1J 0 U Zonin Districts R -1 R -2 R -3 R� R -5 Single-Family 10,400 8.400 7.200 — Two-Family — Max. ground coverage 5,000 5,000 35%(5197) 5197 5/97 3 to 6/97 8-Family — — 4,200` 4,000' TewnMeasee — — 4,299 4968' — Apartment Building — — — 0 B R/Efficiencv /DU 2,500` 1 BR/DU 3,000' 2 BR/DU 3,000' 3 BR/DU 3,500' Elderty Apartments 0 BR /EfficienMUDU 1,000 1 BR/DU 1,500 2 BR /DU 2.000 Mobile Homes — — — Determined by setbacks 1J 0 U • These minimum lot areas may be adjusted as follows: (1) for each parking space within or under an apartment building, subtract 400 square feet from the total minimum lot area, (2)-f& eseh un t w th a beleemy ef not less tham 45 s feet, subtfeet 29G 9 feet fOFFM the tetS.l wee- For each private dwelling unit entrance. subtract 400 sauare feet from the total Minimum Lot Widths: FINDINGS OF FACT L All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice %vas published in the Hutchinson Leader on Thursday, February 5, 1998. The hearing was held at the regular meeting of the Planning Commission on Tuesday, February 17, 1998, at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the Ordinance be approved as set forth above. Respectfully submitted. Dean Wood, Chairman Hutchinson Planning Commission Cl Zoning Districts R -1 R -2 R-3 R-4 R-5 Lot Width: Single 801110' 70/90' 60/80" None 100 Double Tewnhense 80 (5197) 80 (5197) None 115 3 to (6197) 8 None A artment -- Lot Depth: 130 Single 120 120 None 50 Double Tewmh 120 120 65 3 to 8 (6197) None None Apartment *Corner lot width FINDINGS OF FACT L All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice %vas published in the Hutchinson Leader on Thursday, February 5, 1998. The hearing was held at the regular meeting of the Planning Commission on Tuesday, February 17, 1998, at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the Ordinance be approved as set forth above. Respectfully submitted. Dean Wood, Chairman Hutchinson Planning Commission Cl 0 Hutchinson City Center 111 Hi n Street SE Hutchinson, MN 55350.2522 320-587- 5151(F" 320 - 2344240 C DATE: February 18, 1998 0 n U TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF EXTENSION OF 'THE MEADOWS" FINAL PLAT FOR 6 MONTHS REQUESTED BY JBS, INC. Planning Commission recommends approval of request. cc: JBS, Inc. Pnwed m recycled paper. Dear Bonnie, The final plot of our developement, "The Meadows ", is currently due for action by the 17th of March, 1998. We are seeking to extend consideration of this final plot for six months, as there is a new party involved principly, and we need time to sort out the final structure of the projet. Please forward our request to the Zoning and Planning staff, on our behalf, as,their cooperation on this matter would be very much appreciated. Sincerely,��� Scott Bradford k� partner, JBS Developement Corp. i • C 0 Hutchinson City Center 111 Haan Street SE Hutchlmnn, MN 55350 -2522 320 - 587- 5151/Fex 320.234 -4240 DATE: February 18, 1998 TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT LOCATED NORTH OF THE GOLF COURSE RD. (JOHNSN PROPERTY) REQUESTED BY JBS, INC. Planning Commission recommends approval of request. cc: JBS, Inc. primed on recyded paper 4 -1,' 07/29/1997 11:16 617 -737 2739 SIBLEY S1..RVEN"'r �r ��-Ne0.TM L1N! e• 1JG�Iti Y \14D i - - --- raw +s•osc -- scssaa �_- u .�1z.sc. - - - I �s 1 o n r �N 0 i w . 1 i i; v 4 • . v 1 N TRP.CC 1 4s.4G r+c. - ~4a- y � 0�.D4. S�Te 1 1 I 1 , ' 1 1 1 1 n ; I t +x d� 1 � 1 F , 1 q ' i r n 1 r 1 he—" eewwy ter n.1e —or. er.. w 00 w VeSred b r r.Se. wry Ot r e ver W WO WOO o" 1 ew ■ •eh' My�t�.r / M�LewO «r�.�pr 1w� n0 uw SO Sr J7 /( f Olen 21 pbomowngs.. Me, IH7f J LaAalds Jammu= LAND SURVEYS V.rt of Yj of mil. See. ]e. S 117 A. R 30 W. Aceele Toveehie. CowntY. MLeneeocw Seele. 1 Loch - 200 feet - e- Denotes Lree M.leeelle not 1717 PAGE y17e •1047 4 rJ \J Hutchinson Citv Center 111 ll a Stmt SE Hutchinw MN 55350.2522 320.587- 5151/Fax 320.234 -4240 i DATE: February 18, 1998 11 • TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT REQUESTED BY 1ST MINNESOTA BANK LOCATED ON SOUTH GRADE ROAD. Planning Commission recommends approval of request noting the lot is not a buildable lot, the access is on the southerly edge of the Ludowese property, and the utilities will be moved at 1st Minnesota Bank's expense. cc: 1st Minnesota Bank Printed on =yded paper - 4— � SOUTH GRADE ROAD saw - - - - - -- �- 1 10 EASEMENT AREA 2905 Sq. Ft. 0.067 Acres li t an BLOCK 2 I o 2 i! f ,ace, w� as e�'.rfs sN dowses a ten — I PLAZA HEIGHTS 'a� BLOCK 2 I P EL IH LA SURVEING T -64.30 5 1 + u �1 �i d t adee ='� T e ' +s r rte rw,.n I I HU TCHINSON MN 9 SKETCH AND DESCRIPTION FOR -- - _FIRST MINNESOTA BANK N.A. EASEMENT DESCRIPTION - ! OLITLOT A A 24.00 toot easement for ingress and egress purposes over and across eYy F. M AnLOT . wrhreea wu I I I ACNE CAR WASH BLDG. wl' I I I e � I seam o a s. f i . L __'haws, r,wr,r.we -c — East 4� fees � en -n.ra. aw.np BLOCK 2 Dan of OUTLOT B and part of Lot 5, Black 2, all In HUTCWNSON MALL, according to the recorded plat Thereof. The centerline of said easement Is described as follows: Commencing at The mnhwesl cormr of said OUTLOT B: (hence South 0 degrees 57 minutes 20 seconds West, assumed becring, along The west line of said OUTLOT B a distance of 21262 feet to the beginning of sold centerline: Thence soathensterty, 35. 18 toot along a curve not Tangential with the last described line, said curve Is concave to the southwest, has a radius of 60.00 feet, a central angle of 36 degrees 27 minutes 36 seconds, and the chord of sold curve boars South 53 degrees 34 minutes 08 seconds E031: thence Soulh 35 degrees 20 minutes IB seconds East, Tangent to sold curve, 2 &61 feet: thence southeasterly, 56.24 feet along N a tangemiol curve concave to the northeast having a radius of 60.00 fee, H and a central angle of 53 degrees 42 minutes 20 seconds and said Q coull"Une there lermlnmlng. The west line of said easement being The J west One of said OUTLOT B and the east @e of sold easement being a d line parallel with said west line of OUTLOT B extended northerly and J southerly from sold terminmlng point. J CD v ' z m U F 0 20 40 80 aco /f in feel • Denotes 4" mommem found I hereby cvtHY that 'his Survey, Plan or Report was prepared by me or under em direct supervblon and that I am a duly hues ed Land Surve,ar undo, Ins Idre at the Stan of - - -- Mlnnnala. C is lY 1 A Ramah JCB NO. 97C92 SK P -198 PG 59 0 0 u CERTIFICATE OF SURVEY FOR FIRST MINNESOTA BANK, N.A. SOUTH GRADE ROAD wev.W � OfRm e E 'I / I .I 1 I I o� I Ol l $ �I BLOCK 2 2 I� I nd.s.. N Wry r PLAZA HEIGHTS BLOCK 2 P i11 W .N LAID SL AYM f M 0 0 F O I e ll I lo Ill I I�l I J a'I § I l l ,S I eel � I ll ICI I�I I II PAkgl lk x211 AlI 1 $, 9151 *1 Ft. I� ICI satins ee r- ounm ee I LW0.idt H MN JOB NQ 97258 BK P -215 PG 14 OUTLOT A 1 b wa W arrLOT A II I ' I PARCE B 1. 646B9Afq. FL l 1I �(3z\� 5 I II I l II I� I �r — Y__� fWaM WLn6ieeL J , lano.nal Wu _: orr.ea .r u.t � West 230.00 - BLOCK 2 FBI TOT& PARCEL DESCRIPTION Dmlot B and awl part of OuNt A weld awl purl of Lai 7. Block 2, HTTMICSON MOLL, desa ®ed as follows: BealnrJna d Me nwthWest carer of add Outlay B: there..asl", Wong the myth line of sans Dutlota B and A and OWN Me north M of mold Lot 5, a distance of 230.00 fool: theme sourfaNy, parallel VIM Me west gno of fans Wllof Bald the West IIM of said Lai 5. a dislom, of 322.00 feel to the south Inn. of sold Lot 5: thems analWy. along eeld south in., o distance, of 230.00 feet to the southwest corner of sold Lai 5: Mena nrilMry. Wong the West line of Wald Lot S old along the Weal Me of sold Wtbt B. a distance of 322.00 fast to the pool of WgYldng. DESCRIPTION PARCEL A I TMt Fit of Nita, Band IMt pan of Lai 5, Black 2, HUTGIWSON MALL, described as folows: — BeglrWng d the southa est carrier of said Outot C theme out", along the south It" of said Wilof B and Ifs easterly prolongation, a distance of 100.00 roar. thence nonhrry, deflecting to the left 102 Wgr"3 05 minutes 09 words. a distance of I05.3M1 fast. thence Wales/. paraRM with sold south line. a dlalance of 7600 feel le ttp weal line of add Wtisf W. the We southerly, along sold West pre, a dlatame of IDOM fast to the point of e.pinNrp I N DESCRIPTION B H That pat of WWI 9 B and Mat pit of Wtlet A am that pat of Lai 5. Block 2, HIRCHINSON LW.L, Q MsaB.d as rollows: _ Beginning at the mrthw.st cror of sold Conlot B; McW..eat"ry along IM north line of sold outlon B 81 0- aM A and ciong tM north one of sold Lm S. a distance of 230.00 fast thence southerly, paWllel Wirth Me all west Rne of sold Wily B a1M IM nit tree of sold Lot 5, a distance of 322.00 fen to the south Im of M J sold Lot 5: theme westerly, along add south Wle, a distance of 230.00 fast to the souBn.st corner of Q — sold Lot 5; thence mirth", along the vast OM of add Lot 5, a dilige 27.11 feet to the southwest #I :5 carrier of add Wlloi B: theme easterly. aging the youth IIns of sold Wtlot B and lee easterly p Y proorlgotlon, a distort. of 10400 fast. thence northerly, deflecMng to the let 102 depress 05 mlmles N U 1 09 seconds, o diet.. of 10634 her. thence West". parallel with said south line of Wtial B, a atoe of MOD fas .00 h C7 ® n t to a paint on the West line of load WWI B a distant 104en With of IN OJ southwest corner of sold Wilot B: the nafihrly, along said wen line, a dlslance of 18489 fat to the u�i Z M Point of beginning. I U ~ I I N 0 Domes Ion monument found O Denotes Iran monument see I hereby certify this 3mvry. Plan or Report We. Pr.per ad •d l y ale er anon q tiny •ct .upervla l ea and tweet I e. a as ly a ea..a Land Surasyor under the Ian of too. Smote at Minns. le. 0 PJ 50 100 T e � JifeAl Raaach "O/e yn bey JQA� Date: ua. xe.zy4L9 fl9f9 JOB NQ 97258 BK P -215 PG 14 OUTLOT A 1 b wa W arrLOT A II I ' I PARCE B 1. 646B9Afq. FL l 1I �(3z\� 5 I II I l II I� I �r — Y__� fWaM WLn6ieeL J , lano.nal Wu _: orr.ea .r u.t � West 230.00 - BLOCK 2 FBI • Hutchinson City Center Ill Hassan Street SE Hutchinson, MN 55350 -2522 320.587.515 VFn 320 - 2344240 r DATE: February 18, 1998 • TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT REQUESTED BY PAUL BETKER LOCATED ON HILLCREST ROAD IN WALNUT RIDGE PLAT. Planning Commission recommends approval of request noting that there will be separate water and sewer services, and the assessments will be split. cc: Paul Betker Pri t.d on recycled pap« - 4 -S BUILDING PERMIT SURVEY FOR BETKER BUILDERS LOT 3, BLOCK 4, WALNUT RIDGE ESTATES PROPOSED GARAGE FLOOR ELEVATION • 1077.5 74A 712 1 TS.H Ta.3 x x % ��`''�#� Ta7 1 7a4 S80e00'00 206.04 111' x M.7 0 , r ------- - - - - 7a.e (77.01 ^ se 74.0 I- pI 24 7 I9 Xi PROPOSED HOUSE Garage nl 72.e L u1 = W U J J_ 2 74A3 BM i i 74.72 BENCHMARK Paint spot on top of curb near southwest corner of Lot 3. Block 4. Elevation - I PELLINEN LAND SURVEYING 2y0 n x x f f o 7u �aj Garage PROPOSED HOUSE I r Iz� vi Tao (77.0) x �ad - - - -- 1 7a1 i I f x 74.8 1074.85 HUTCHINSON MN 7a.1 A.s x 3 all N x RI i x12 My N 0 15 30 BO scale In feel • Denotes Iron monument found O Denotes Bon monument set x Denotes existing elevation ( ) Denotes proposed elevation i 1 hereby cer t lfy that thle Survey, Plan or I Report was prepared by the or under my direct supervision and that I am a duly licensed uelx Land Surveyor under the laws of the State of Minnesota. " ,4..f��6,G AfkUy /Rousch Date: A, � /49B Lic. No.Z'AFZ9 e BK P -215 PG 22 1 M1 � A X 744 — — — .,Oraaiaee aed unary eaee S90e00'00 211.89 x Ta.3 ix 71.4 x DESCRIPTION OF NORTHERLY PARCEL The North 40.00 feet of Lot 3, Block 4, WALNUT RIDGE ESTATES, according to the recorded plot thereof. DESCRIPTION OF SOUTHERLY PARCEL Lot 3, Block 4, WALNUT RIDGE ESTATES. according to the recorded plat thereof, except the North 40.00 feet of said Lot 3. 0 III Hutchinson City Center Ill Hassan Street SE Hutchinson, MN 55350.2522 320- 587.5151 /Fax 320.2344240 DATE: February 18, 1998 • • TO: Mayor and City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF RESOLUTION TO CHANGE THE STREET NAME OF A PORTION OF LYNN ROAD TO HWY 15 SOUTH Planning Commission recommends approval of the request for the street name change of the Pizza Hut, Fitzloff and Backen property. cc: Pizza Hut, Scott Corrow Pizza Hut Corporate Office Earl Fitzloff Jim Fahey Printed on recycled paper - Z/ —/'� RESOLUTION NO. 10988 0 RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME FROM LYNN ROAD SW TO HWY 15 SO. WHEREAS, the City of Hutchinson is requesting a change of street name for a portion of Lynn Road SW affecting three properties located on the west side of Highway 15 South from Clinton Avenue, south to South Grade Road and; WHEREAS, the street is recorded as Lynn Road SW; BE IT FURTHER RESOLVED, the street name shall be changed as follows: From - Lynn Road SW To - Hwy 15 S. (frontage road) Adopted by the City Council this 24h day of February, 1998. • ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor • HUTCHINSON PL MINUTES ANNING COMMISSION �OR YQU/Q'A,� Tuesday, February 17, 1998 `+I • 1. CALL TO ORDER 530 P.M. � �` The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Arndt, Dave Westlund, Jim Haugen, Joe Drahos, and Jeff Jones. Absent: Jeff Haag. Also present: Jim Marka, Director of Building, Planning and Zoning; Bonnie Baumetz, Planning and Zoning; and Barry Anderson, City Attorney. Mr. Arndt made a motion to approve the minutes of the meeting dated January 20, 1998, seconded by Mr. Westlund the motion carried unanimously. MEMEL ■ _: ► a) CONSIDERATION OF VACATION OF EASEMENTS REQUESTED BY CROW RIVER PRESS LOCATED IN TENPART ADDITION. Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #5138 as published in The Hutchinson Leader on Thursday, February 5 and Tuesday, February 10, 1998. The request is for the purpose of considering a petition requested by Tenpart Company to vacate a 6.00 foot wide strip of land tying northerly of and adjoining the southerly line of Lot 1, Block 1, Tenpart Addition, according to the recorded plat thereof, except the westerly 12.00 feet thereof. • Ms. Baumetz explained Crow River Press will be constructing an addition on the south side of their existing building. Planning staff recommends approval noting the 10' easements be rededicated along Shady Ridge Road and Hwy 7 W, vacation of interior lot easements, and a curb cut be set back 100' from Hwy 7. John Komgiebel, architect for the Crow River Press building addition, said the building addition will be 12,000 sq. ft. The existing building is 9,000 sq. ft. Additional parking will be on the west side of the building. Mr. Marka said there needs to be screening on the north side of the building. This will be noted on the site plan. Mr. Westlund moved to close the hearing, seconded by Mr. Haugen the hearing closed at 5:40 p.m. Mr. Haugen made a motion to recommend approval of the motion. Seconded by Mr. Westlund the motion carried unanimously. b) CONSIDERATION OF AMENDMENT OF ZONING ORDINANCE SECTION 8.06, 8.07 AND 9 REGARDING DENSITY REQUIREMENTS IN THE R -3 AND R-4 DISTRICTS. Chairman Wood opened the hearing at 5:41 p.m. with the reading of publication #5139 as published in The Hutchinson Leader on Thursday, February 5, 1998. The request is for the purpose of considering an amendment to City Code Chapter 11, • Zoning Ordinance #464, Sections 8.07 and 9 regarding density requirements in the R -3 and R-4 Districts. Ms. Baumetz explained the wording in the zoning ordinance needs to be consistent. Some wording has been added to both R -3 and R-4 districts. Mr. Westlund moved to close the hearing, seconded by Mr. Arndt the hearing dosed at 5:45 p.m. Mr. Westlund made a motion to approve the amendment to Zoning Ordinance Section 8.06, 8.07 and 9 regarding density requirements in the R -3 and R-4 Districts. Seconded by Mr. Haugen the motion carried unanimously. a) CONSIDERATION OF REQUEST BY JBS, INC. TO EXTEND CONSIDERATION OF "THE MEADOWS" FINAL PLAT FOR SIX MONTHS. Ms. Baumetz explained there may be some changes in ownership that will be shown on the plat. JBS has asked for a six -month extension. Mr. Arndt made a motion to approve the request for extension. Seconded by Mr. Westlund the motion carried unanimously. b) CONSIDERATION OF A LOT SPLIT LOCATED NORTH OF THE GOLF COURSE RD. (JOHNSON PROPERTY) REQUESTED BY JBS, INC. Ms. Baumetz explained the property split has been recorded at County but the City was not noted. Mr. Arndt moved to recommend approval of the request, seconded by Mr. Westlund the motion carried unanimously. C) CONSIDERATION OF A LOT SPLIT REQUESTED BY 1ST MINNESOTA • BANK LOCATED ON SOUTH GRADE RD. Ms. Baumetz said Mr. Marka and City Engineer Rodeberg have viewed the site. Utilities will have to be moved at the 1st Minnesota Bank's expense. An exit drive from the bank will be located on the southern edge of the property next to the Developers Diversified property. Planning Staff recommends approval noting this lot is not a buildable lot. Mr. Westlund moved to recommend approval of the request, seconded by Mr. Jones the motion carried unanimously. d) CONSIDERATION OF A LOT SPLIT REQUESTED BY PAUL BETKER LOCATED ON HILLCREST RD. IN WALNUT RIDGE PLAT. Ms. Baumetz explained Paul Betker is building a twin home. The purpose of the lot split is to separate ownership. The lots will have separate water and sewer service. The assessments will be split. Planning Staff recommends approval. There was discussion regarding placing lot splits for twin homes on a consent agenda. The commissioners would like to handle an item separately if necessary, but otherwise were in favor of the consent agenda. • Mr. Arndt moved to recommend approval of the request, seconded by Mr. Westlund the motion carried unanimously. e) CONSIDERATION TO BEGIN ANNEXATION OF 153.3 ACRES IN LYNN • TWP. Ms. Baumetz explained staff needs consent to go ahead with annexation. Sixty percent of the property owners and 51 percent of the land area by the property owner must agree to the annexation. The airport (287.7 acres) will be included with the annexation. Total acreage to be annexed will be 441.0 acres. The city needs to run a sanitary sewer along Century Avenue. Staff suggests this area be a mixed use and be zoned R -3 Mr. Arndt inquired about the future plans for So. Grade Rd. He said there is a definite need for sidewalk in the area by the Junior High School. Mr. Marka said staff will be back next month with information on the improvement project schedule for this area. Mr. Arndt moved to recommend approval to begin the process of annexation, seconded by Mr. Haugen the motion carried unanimously. f) CONSIDERATION OF RESOLUTION TO CHANGE THE STREET NAME OF A PORTION OF LYNN ROAD TO HWY 15 SOUTH. • Ms. Baumetz explained the properties would keep the same numbers. The name change area will include the Pizza Hut, Fitzloff, and Backen properties. Mr. Amdt moved to recommend approval of the consideration of the resolution to change the street name on a portion of Lynn Rd to Hwy 15 S, seconded by Mr. Westlund the motion carried unanimously. 1*] 0 Eel mel Gu Mr. Westlund moved to reelect the present officers, Dean Wood as Chairman and Bill Arndt as Vice Chairman, seconded by Mr. Haugen,the motion carried unanimously. a) REVIEW OF SECTION 8.18 - 8.19 OF THE ZONING ORDINANCE Mr. Marka presented the review. 11�K•]uylPM091507r1[•].19 cZ•P&ItIFA MIIal a) REGISTRATION FOR LAND USE PLANNING WORKSHOPS. • 7. ADJOURNMENT There being no further business the meeting adjourned at 6:35 p.m. 3 PUBLISHED IN THE HUTCHINSON LEADER TUESDAY, FEBRUARY 10 998 PUBLICATION NO. 5140 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that a public hearing will be held on Tuesday, • at the hour of 6:00 p.m. in the Council Chamber of City Center for the purpose of reviewing the new tobacco licensing and regulations law that went into effect Augustl,1997, and to adopt a City tobacco ordinance in conjunction with State law. The first reading of the ordinance will be held at said hearing. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. s� February 6, 1998 Dated r �' FOR YOUR INFORMATION �A� dba AFNAK 4420 Shoreline Drive • Spring Park, MN 55364 • (612) 471 -7939 • FAX: (612) 471 -7933 RECEIVED January 20, 1998 Gary Potz City Administrator City Center 111 Hassan Street East Hutchinson I`II4 55 "63 RE: City Cigarette ordinance Dear Gary: IAN 2 1` 1998 C!T' OF HUTCH.. . ,N We own and operate a convenience store in your city under the brand of TOTAL. As of today, we have not received a notice of any new ordinance governing the sale /display of tobacco products, or notice of a meeting to consider a new ordinance, to take place in 1998. If, A) you have enacted a new ordinance, or B) now have an ordinance under consideration, we request that you forward a copy to our corporate office as listed on this letterhead. If you are currently formulating a policy which includes penalties for non- compliance issues, we request that penalties be included for all three responsible parties: the retailer, the and the underage purchaser (with the exception of underage individuals involved in mandated sting operations) . we have reviewed some proposals with exclude penalties for underage purchasers. We believe that this sends a wrong message to our youth and encourages youth to continue frequent attempts to purchase tobacco products. Thank you for your consideration. I Since Ll; 'j Dorothy K.B. Ritz • ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350-2S63 (320) 587 -7 57 5 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON ALSO ADMITTED IN TEMAS ANO NEW YORK Ms. Marilyn Swanson Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Tobacco Regulation Our File No. 3188 - 87001 Dear Marilyn February 18, 1998 FEB 1 9 1998 CITY OF HUTCHNSON OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 5451793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (61 21 389 -2 214 FAX (612) 389 -5506 I am enclosing for Council consideration the completely revised Chapter of the City Code dealing with tobacco and tobacco regulation. Originally, this ordinance was scheduled for a public hearing this coming Tuesday evening and notice to that effect was published in the newspaper. However, in preparing the ordinance and keeping in mind the provisions of Minn. Stat. §461.19 which requires 'the governing body . shall take reasonable steps to send notice by mail at least 30 days prior to the meeting' it is my view that it would make sense to delay the public hearing set for this coming Tuesday to March 24, 1998 at 6:00 pm. I am enclosing the proposed form of notice which you may use for this purpose. Obviously, Council action will be required on Tuesday evening rescheduling the public hearing pursuant to my request. I would recommend that notices be sent this week rescheduling the public hearing for the last meeting in March and the City Council can ratify the scheduling of the public hearing. Otherwise, an additional two weeks notice will be required. I turn now to a substantive discussion of the ordinance. In addition to my request that the public hearing be rescheduled to March I would also ask that you provide the Council with a copy of the ordinance for their review and consideration. I do want to direct the Council's attention to a couple of matters. First, this ordinance contains a flat prohibition on the self service sale of tobacco and tobacco related products. This is not a requirement of state law and surprisingly merchants appear split on this question. Some favor the flat prohibition because of inventory control problems (translated Into English, shoplifting) and others prefer to allow the present arrangement to continue. This is a policy decision the Council will need to make. Second, I draw to your attention the provision regarding vending machines. Hutchinson was among the first jurisdictions to adopt a prohibition on vending machine sales except in lunchrooms not occupied by persons under the age of 18. 1 have retained that language from the original ordinance since it appears consistent with state law which permits vending machines only in areas where persons under the age of 18 are not permitted. Since the City's ordinance was adopted in 1989, it is my impression that most of our local employers have adopted a prohibition on smoking anywhere in their facilities and perhaps a flat ban on • vending machine sales anywhere in the community might be worth considering 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ��CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Ms. Marilyn Swanson February 18, 1998 page 2 By way of background 1 am providing to the Council some promotional literature received from those who favor increased tobacco regulation which may be on interest to the Council. Thank you for your time and attention to these matters. Best regr — - Very trul, G. Barry GBA:jm enc. �1 LI Tobacco Facts Tobacco V5e in the V.S. In 1988, the U.S. Surgeon General reported that cigarettes are addictive by the same scientific standards that apply to illicit drugs. Nicotine has been found to be as addictive as heroin, cocaine and alcohol. (MDH and the American Academy of Pediatrics) Tobacco use is the single leading preventable cause of death in the U.S. It kills more than 400,000 people in the U.S. each year (that's 1,100 Americans each day or one every 75 seconds) —more people than AIDS car crashes, alcohol, homicides, illegal drugs, suicides, and fires, combined. (Coalition on Smoking OR Health, 2/95. American Academy of Pediatrics) Children and Tobacco In the U.S. today, an estimated 4.5 million children and adolescents smoke. Tobacco use among female adolescents remains higher than among male adolescents. One out of three adolescents in the U. S. is using tobacco by the age of 18. Approximately one out of three of these young people will die prematurely as a result. More than 3,000 young people become regular smokers each day in the U.S. The average teen -age smoker begins to smoke at age 14 %z and becomes a daily smoker before age 18. Each year, another one million young people become regular smokers. 89% of people who try a cigarette will do so by age 18. 71% of people who ever smoke were smoking daily by age 18. Cigarette smoking is increasingly common in younger children. In 1990, the average age of a child who tried cigarettes was 11.6 years. The smoking prevalence in Minnesota for 12 graders is 39% and for adults is 22% In McLeod County, the weekly cigarette use for 6 graders is 5 %, for 9 graders is 14% and for 12' graders is 26 %. The weekly tobacco use (includes all types of tobacco) for 6h graders is 5 %, for 9 graders is 16% and for 12 graders is 32 %. Among smokers ages 12 to 17 years, 70% already regret their decision to smoke and 66% say that they want to quit. F Approximately three- quarters of young people who use tobacco products daily report that they use it because they find "it's really hard to quit." Among high school seniors, 73% who think they won't be smoking in five years still are. (American Academy of Pediatrics) The younger a child is when he or she starts using tobacco products, the more likely the child is to become addicted to nicotine /cigarettes. According to one study, 67% of children who initiated smoking in the sixth grade became regular adult smokers, while only 46% of teenagers who siarted smoking in the eleventh grade became regular adult smokers. More than 90% of young people, who use tobacco daily, experience at least one symptom of withdrawal. Self- Service One study found that 67% of teen - agers, whose mean age was 15 years, were asked no questions when they attempted to purchase cigarettes. A study by the National Academy of Sciences Institute of Medicine found that over 40% of grade school students who smoked daily shoplifted cigarettes, at some time, from self - service displays. Smokeless tobacco • Many young people think smokeless tobacco is safer than smoking cigarettes. But, because the tobacco is in the mouth for minutes at a time, more harmful chemicals can enter your body than when you smoke. In 1970, young men ages 17 -19 used spit tobacco the least of any age group. Today, usage by men of these ages is the highest of any age group, with one million adolescent boys currently using spit tobacco, according to Health and Human Services. More than one in ten high school students (11.4 %) had used smokeless tobacco during the 30 days prior to responding to a 1995 survey. State prevalence varied from 3% to 25 %. Nearly one in five male students (19.7 1 /6) had used smokeless tobacco during the thirty days before the survey was conducted. Among high school seniors who ever used smokeless tobacco, almost three- fourths began in ninth grade. Leukoplakia —a disease of the mouth characterized by white patches and oral lesions on the cheeks, gums and/or tongue —which can lead to oral cancer, occurs in over half of smokeless tobacco users in the first three years of use. Studies have found that 60-78% of smokeless tobacco users have oral lesions. Only one -half of individuals affected by oral cancer will be alive 5 years after diagnosis. The risk of developing oral cancer for long -term spit tobacco users is 50 times greater than for non - users. U • The Cost ofTobacco Use n U Estimated health costs for smoking- attributable diseases, including costs of y hospitals, physicians and health care professionals, nursing homes, and ®� medications, based on 1995 costs, were more than $513 million in 1995. Cigarettes cost the American public more than $100 billion each year in health care costs and lost productivity. (Coalition on Smoking OR Health). In 1995, the economic cost of smoking in Minnesota amounted to an estimated $1.3 billion. This estimate can be broken down to: approximately 40% for medical care costs provided for tobacco - related diseases and injuries and approximately 60% for present value of lost productivity due to illness, injury or premature death from smoking attributable causes. These costs are borne by society. Other emotional and social costs associated with tobacco - related diseases are not included in this estimate. If the 1995 cost estimate was spread out equally among the entire population of Minnesota, the county's cost would be approximately: (using this formula: Estimated 1995 McLeod County Population x Estimated 1995 per capita cost of smoking in Minnesota ($277) = Estimated 1995 Cost Smoking 33,803 McLeod County Residents x $277 = $9,363,431 Sources: The Minnesota Department of Health, Coalition on Smoking OR Health, 2/95, American Cancer Society, American Lung Association of Minnesota. 0 Self- Service Tobacco CLERK ASSISTED: Ban all tobacco sales from self - service displays, including vending machiff'es. A provision to prohibit self - service of tobacco products would mean that the product would be stored behind the counter and dispensed by a clerk. This measure makes tobacco products much less accessible to teens. Tobacco, like alcohol and prescription drugs, is a controlled substance and should be marketed in a similar way. Clerk assisted sales increase the likelihood that identification will be checked. Teens say that they are less likely to attempt a purchase of tobacco if they have to ask a clerk for it and research confirms this. Tobacco products in self - service displays are among the most frequently shoplifted items for the following reasons: - It is illegal for minors to purchase - It is expensive - It is easily pocketed - It is very difficult to apply standard anti - shoplifting devices to tobacco because the cellophane wrapper can be easily removed Merchants state that shoplifting is the number one problem in many businesses. Putting tobacco behind a counter eliminates customer theft. Slotting or display fees, the practice of paying retailers for specific shelf space, provide a strong incentive for retailers to keep tobacco products as a self -serve item. Slotting fees are negotiable and it is possible to maintain the same fee for displaying another advertising item such as a clock. f� U • SEC. 6.21 TOBACCO Subd.1. Purpose and Preamble. The City recognizes that many persons under the age of 18 years purchase or otherwise obtain, posses and use tobacco, tobacco products and tobacco related devices and such sales, possessions and use are violations of both State and Federal laws; and because studies have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco- related devices for the purpose of enforcing and furthering existing laws, to protect mirrors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco - related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke. Subd. 2. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice- versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: A. Tobacco or Tobacco products. "Tobacco" or "Tobacco products" shall mean • any substance or item containing tobacco leaf; including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp art, ready - rubbed, and other smoking tobacco; snuff flowers; Cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. B. Tobacco- related devices. "Tobacco- related devices" shall mean any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. C. Self - Service Merchandising. "Self- Service Merchandising" shall mean open displays of tobacco, tobacco products or tobacco- related devices in any manner where any person may have access to the tobacco, tobacco products or tobacco - related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product or tobacco - related device between the customer and the licensee or employee. Self -service merchandising shall not include vending machines. D. Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic or other type of device which dispenses tobacco, tobacco products or tobacco - related devices upon the insertion of money, tokens or other form of payment directly into the machine by • the person seeking to purchase the tobacco, tobacco product or tobacco - related device. j E. Individually Packaged. "Individually packaged" shall mean the practice of selling • any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. F. Loosies. "L.00sies" shall mean the common term used to refer to a single or individually packaged cigarette. G. Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. H. Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products or tobacco- related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, restaurants, bars and liquor outlets. I. Movable Place of Business. "Movable Place of Business" shall refer to any form Of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. J. Sale. A "sale" shall mean any transfer of goods for money, trade, barter or other is consideration. K. Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco - related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products or tobacco - related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco, tobacco products and tobacco- related devices. Subd. 3. License. A. Prohibition. No person shall sell or offer to sell any tobacco, tobacco products or tobacco- related device without first having obtained a license to do so from the City. B. Application. An application for a license to sell tobacco, tobacco products or tobacco- related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the • city deems necessary. Upon receipt of a completed application, the City shall determine whether the applicant is eligible for a license and then forward the application to the City Council for action at its • next regularly scheduled Council meeting. If the City shall determine that an application is incomplete, they shall return the application to the applicant with notice of the information necessary to make the application complete. C. Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. D. Term. The term of all licenses issued hereunder shall be from February 1 to the following January 31 or any part thereof. E. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. F. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. • G. Moveable Place of Business. No license shall be issued to a movable place of business. Only fixed location business shall be eligible to be licensed under this ordinance. H. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. I. Renewals. The renewal of a licensed issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least twenty (20) days but no more than sixty (60) days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Subd. 4. Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full as specified by resolution as adopted by the City Council. Subd. 5. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided bylaw, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: A. The applicant is under the age of eighteen (18) years. C , J B. The applicant has been convicted within the past five (5) years of any violation • of a Federal, State or local law, ordinance provision or other regulation relating to tobacco or tobacco products or tobacco - related devices. C. The applicant has had a license to sell tobacco, tobacco products or tobacco - related devices revoked within the preceding twelve (12) months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or local law, ordinance or other regulation, from holding such a license. Subd. 6. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product or tobacco- related device: A To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in this ordinance. C. By means of self - service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product or tobacco- related device and whereby there is not a physical exchange of the • tobacco, tobacco product or tobacco- related device between the licensee or the licensee's employee and the customer. D. By means of loosies as defined in Subdivision 2 of this ordinance. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State or local law, ordinance provision or other regulation. Subd. 7. Vending Machines. It shall be unlawful for a person licensed under this ordinance to allow the sale of tobacco, tobacco products or tobacco- related devices by the means of a vending machine. This prohibition shall not extend to lunchroom facilities available only to employees of a business and where said lunchroom facilities are not normally available to persons under the age of eighteen (18) years. Source: Ordinance No. 89 -14 Effective: June 1, 1990 • Codifier's Note: Section 6.21 was repealed by action of the City Council in adopting a new tobacco regulation ordinance. The language above dealing with vending machines in lunchrooms was retained from prior Section 6.21, Subd. 4. Subd. 8. Self- Service Sales. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products or tobacco-related devices by any mean s whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not physical exchange of the tobacco, tobacco product or tobacco - related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products and tobacco - related devices shall either be stored behind a counter or other area not freely accessible to customers. Any retailer selling tobacco, tobacco products or tobacco - related devices at the time this ordinance is adopted shall comply with this Subdivision within sixty (60) days. Subd. 9. Responsibility. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco - related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this ordinance, State or Federal law or other applicable law or regulation. Subd. 10. Compliance Checks and Inspections. A. All licensed premises shall be open to inspection by the local law enforcement • agencies or other authorized City official during business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) but less than eighteen (I8) years, to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco- related devices. Mnors used for the purposes of compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or tobacco - related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Subdivision shall prohibit compliance checks authorized by State or Federal laws for education, research or training purposes or required for the enforcement of a particular State or Federal law. B. Conducting compliance checks shall be the responsibility of the City or County officials, where appropriate. For all compliance checks, the supervising adult shall be a licensed peace officer. All minor participants shall receive training prior to engaging in compliance check activities. Transportation shall be provided by the supervising adult or other adult employee of the City as designated by the police department. Participating minors shall be considered "volunteers" subject to receipt of a per diem payment in an amount established for other City boards and commissions. Subd. 11. Other Illegal Acts. Unless otherwise provided, the following acts shall be a • violation of this ordinance. A. Illegal Sales. It shall be a violation of this ordinance for any person to sell, give or otherwise provide any tobacco, tobacco product or tobacco - related device to any minor. B. Illegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product or tobacco - related device. This section shall not apply to minors lawfully involved in a compliance check. C. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco - related device. D. Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco - related device and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco - related device. This section shall not apply to minors lawfully involved in a compliance check. E. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 12. Violations. . A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. B. Hearings. If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. C. Hearing Officer/Panel. The City Attorney's office or its designee is hereby appointed as the Hearing Officer. D. Decision. If the Hearing Officer determines that a violation of this ordinance did occur, that decision, along with the Hearing Officer's reasons for finding a violation and the penalty to be imposed under Subdivision 13 of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the Hearing Officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. E. Appeals. Appeals of any decision made by the Hearing Officer shall be filed in the District Court having jurisdiction of the City. 1 • F. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. G. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Subd. 13. Penalties. A Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of $75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises within a twenty -four (24) month period; and $250.00 for a third or subsequent offense at the same location within a twenty-four (24) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. B. Other Individuals. Other individuals, other than minors regulated by Section C of this Subdivision, found to be in violation of this ordinance shall be charged an administrative fee of $50.00. C. Minors. Minors found in unlawful possession o1; or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco- related devices, shall be if a first time offense, referred to a diversion program operated by appropriate City officials or, if a second or • subsequent offense, be petitioned or ticketed into juvenile court as a petty offender and receive such disposition as is authorized by law and appropriate for petty offenders. D. Misdemeanor. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. Subd 14. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products or tobacco- related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. Subd 15. Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not service as an invalidation or effect the validity and enforceability of any other Subdivision or provision of this ordinance. E 0 MEMORANDUM February 19, 1998 To: Mayor & City Council G. Barry Anderson, City Attorney From: Marilyn J. Swanson, Administrative Secretary In order to comply with the provisions of MN Statute 461.19, today I mailed 32 copies of the "Notice of Intent to Adopt A Tobacco Ordinance" to all cigarette license holders and corporate offices of local businesses. See the attached notice. Said notice for public hearing was also sent to the Hutchinson Leader for publication in the editions of February 24, 1998 and March 10, 1998 to announce the March 10, 1998 public hearing. • C� Ar NOTICE OF INTENT TO ADOPT A TOBACCO ORDINANCE Please take notice that a public hearing before the City Council for the City of Hutchinson will be held on the 24 day of March, 1998 at 8:00 pm or as soon thereafter as said public hearing can be held, to consider the adoption of a tobacco ordinance. The public hearing shall be held at the Council Chambers In the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN. The proposed ordinance is enacted pursuant to the requirements of Minn. Stat. §144.391 and contains provisions relating to the licensing of vendors of tobacco products in the City of Hutchinson and also contains provisions that regulate the display of tobacco products, the prohibition of the sale of tobacco products to certain groups and penalties therefore and further establishes fees for licenses and prohibits the self service sale of tobacco, among other provisions. Said ordinance also contains compliance checks and inspections of licensed premises. Dated: February 19, 1 998 Attest: Gar". Plotz, C Administrator r Marlin T erso ,Mayor A copy of the proposed tobacco ordinance can be obtained by contacting: City Center 111 Hassan Street SE Marilyn J. Swanson Hutchinson, MN 55350 Phone: 320 - 234 -4202 i • r1 LJ PUBLISHED IN THE HUTCHINSON LEADER TUESDAY, FEBRUARY 24, 1998 AND TUESDAY, MARCH 10, 1998 • PUBLICATION NO. 5143 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO ADOPT A TOBACCO ORDINANCE f.� Please take notice that a pudic hearing before the City Council for the City of Hutchinson will be held on the 24' day of March, 1998 at 8:00 pm or as soon thereafter as said pudic hearing can be held, to considerthe adoption of a tobacco ordinance. The pudic hearing shall be held at the Council Chambers in the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN. The proposed ordinance is enacted pursuant to the requirements of Minn. Stat. §144.391 and contains provisions relating to the licensing of vendors of tobacco products in the City of Hutchinson and also contains provisions that regulate the display of tobacco products, the prohibition of the sale of tobacco products to certain groups and penalties therefore and further establishes fees for licenses and prohibits the self service sale of tobacco, among other provisions. Said ordinance also contains compliance checks and inspections of licensed premises. Dated: February 19, 1 998 Marlin T erso ,Mayor • Attest: Ga . Plotz, C' Administrator A Hal KirchoH �UNTY ASSESSOR Office of McLeod County Assessor Court House 830 11th Street East - Suite 112 Glencoe, Minnesota 55336 TELEPHONE 320 -864 -1254 FAX 320 -864 -1295 February 11, 1998 CLERK OF CITY OR TOWNSHIP: FEB 1 21998 CITY ut= hUI UdiNSON Enclosed is the notice of time set for the meeting of your local board of review. Also enclosed are the necessary notice blanks which must be posted and published at least 10 days prior to the date of the meeting If this meeting date and time set for your jurisdiction conflicts in some way, please let this office know at once so that a new date may be set. This is important because all "Notices of Assessment and Equalization" forms that are mailed to the taxpayers will include the meeting date and time on them. A review date change cannot be made after the notices are mailed out. Your cooperation in this matter will be appreciated. Thank you. Sincerely, Hal Kirchoff tj�� County Assessor HK /ar Enc: 0 9 Equal Opportunity Employer Form No. A. F. 4— Notice to Clerk of Meeting of Board of Review — 'Equalization. MilledDavis Co., St. Paul, MN OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE C —OF f Y ITT G k Vt son 1 C t- e_,,> A COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the L'tk day of 0 u at 3 L o'clock �- M., has been fixed as the date for the meeting of the Board of Re+rie+v ISrke ow anal 'Equalizatior> —in your for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this I 1 "Fik day of Fel V 0. r - ,19-2s ounty Ass sor 4 - c__ x_20 County, Minnesota 'Applies only to Cities whose charter provides !or a Board of Equallzation instead of a Board of Review. r� LJ rf/ / i i CITY OF HUTCHINSON MEMO Finance Department i February 20, 1998 T O •• •q SUBJECT, INVESTMENT AUTHORIZATION We have had another call on the city's long term investment. To reinvest in longer term funds please approve purchase of the following securities. $500,000 Fed National Mortgage Assn. 6.13% (Solomon Smith Barney) ( 1 year call option) 02/19/2002 0 A� \DJC \CYHFN I3.NPO V -Y \ ' E: 6 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD' 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND PAULD.DOVE JANE VAN VALKENSURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III 'Ai-50 ADMITTEO IN TC ANO MEW YORl Mr. Gary D. Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON February 18, 1998 FEB (M OF rT,. OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 161 2) 545 -9000 FAX (612) 545 -1793 FAX (612) 5429210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121309 -2214 FAX (6 121 389 -5506 Re: Triax Cablevision Our File No. 324492054 Dear Gary: i I am enclosing herewith for your information a copy of the most recent correspondence I received from counsel Bremer regarding Triax issues. I also want to bring the Council up to date on my discussions with Tom Creighton who has represented the City on cable television franchise issues. In discussing the matter with his partner, Bob Vose, the conclusion that he and I jointly reached is that it probably made sense for the City of Hutchinson to adopt some customer service standards. It is no secret that Triax's inability to serve customers in the Hutchinson area adequately is a company wide problem and is not restricted to the Hutchinson area. Mr. Vose is presently representing other communities with similar concerns and can put together appropriate standards for the City to adopt relatively economically. Mr. Vose indicated tome that he would be willing to undertake this effort with a not to exceed figure of $1,000 and he frankly thought it could be done for something In the neighborhood of $500. I write to you today to request that this matter be laced on the Cl! Council agenda for the ose ot retaining Bernick & Lifson for the purpose of drafting custom service standards for cab television issues. I would strongly suggest that this be on the next City Council agenda. If you have any questions or problems in connection with any of the foregoing, you certainly should feel free to contact me. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, PLLP G. Barry Anderso GBA:jm cc: Tom Creighton El �c CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND PAUL D. DOVE JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III ALSO AD,.IITTEO IN rE% 5 ^ND NEW YORK W. Jane E. Bremer Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue S. Bloomington, Mn. 55431 -1194 Re: Triax Cablevision Our File No. 3244 -92054 Dear Jane: RESIDENT ATTORNEY G. BARRY ANDERSON February 16, 1998 OF COUNSEL ARTHUR L. OOTEN TERRI A. SLOMFELT 5651 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545 -9000 FAX 4612) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121 389 -2214 FAX (612) 3895506 Thank you for your letter of February 11, 1998. Your letter references the need for facts. I am prepared to testify that I have now been a victim of Triax's inability to handle its drop box responsibilities. Even though my check was deposited in the drop box over a week prior to the due date on my invoice I have received billing from Triax Indicating that I am delinquent and that they are going to be assessing a $5.00 processing fee. I have immediately corresponded with them directly on that issue and I presume they will delete the processing fee. The point here, however, is not my own personal situation but rather the fact that I now have direct confirmation that what I receive as a fairly constant complaint is in fact occurring. If my language with respect to nondelivery of service by Triax is more colorful than the circumstances require please consider an apology extended; I must tell you, however, that we continue to receive complaints on a regular basis about the same issues and from my perspective I see no evidence that Triax is committed to customer service. The same concerns continually pop up; inability to contact someone by telephone at Triax, long periods of time on hold, no answer at all, improper billing credit and so forth. I will say, to the credit of your client, that when our office has raised specific concerns the indication that I have had is that Triax has responded. I do anticipate this customer service issue is going to be a matter discussed in greater detail by the City Council. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, PLLP G. Barry Anderson GBA:jm cc: Tom Creighton Gary D. Plotz 4 0 0 ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 567 -7575 FAX (320) 587 -4096 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ` Y—e , "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW Jane E. Bremer DIR. DIAL (812) 098-3297 E -MAIL jbremerQIhdI.c 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 -1194 TELEPHONE (812) 835 -3800 FAX (812) 89&3333 February 11, 1998 Mr. G. Barry Anderson Arnold, Anderson & Dove, PLLP 101 Park Place Hutchinson MN 55350 -2563 Re: Triax Cable Television Franchise in Hutchinson Dear Barry: We are in response to your letter of January 22, 1998, regarding the "pick -up" of subscriber deposits from Triax's drop boxes in Hutchinson. Triax is as concerned as you and the Hutchinson subscribers that the Triax technicians are maintaining the required pick -up schedule as they have been instructed. To that end, Triax has tracked the dates of deposit pick -ups for all drop box locations in Minnesota with special attention to the time period surrounding billing cut -off dates. • In general, all drop box payments are picked -up and processed two to three times a week. In addition, all payments from these locations are picked -up after the billing due date and are processed prior to the statement cut -off. As a result, customers who receive a late charge have already been given a grace period beyond when their payment is due, or do not make a full payment on their account balance, and are therefore legitimately assessed a late fee. Below are the results of the deposit pick -ups during the period January 5 through January 19, 1998: Week of January 5 Payments picked -up 3 times, total of 308 received Week of January 12 Payments picked -up 3 times, total of 167 received Week of January 19 Payments picked -up 5 times, total of 164 received As you alluded to in your letter, because the provision of a drop box was a sensitive issue in the renewal, Triax is firmly committed to working with the Hutchinson subscribers on making the drop -boxes a convenient and efficient alternative to a local office. Triax has, in fact, found that the use of drop -boxes has been a convenient method of payment for the subscribers and an efficient method for collection of fees for Triax. Triax representatives instruct subscribers that if they are not satisfied with the processing of their payments using a drop -box, that as an alternative, they can mail their payments to the return address on the billing statement or to the Waseca office. If there are problems with the drop box pick -ups, we will need more specific and detailed information regarding the subscribers that claim their payments have not been processed timely. However, we • maintain that Triax is and has been keeping all commitments to the Hutchinson subscribers. I I LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. G. Barry Anderson February 11, 1998 Finally, it is unnecessary to punctuate your inquiries with pejorative statements about my client's intentions and qualifications. Normally, facts are required to draw conclusions and it would be most appreciated if your office would exercise a bit more discipline in this regard. Thank you for your consideration. Bremer, for N, HOFFMAN, DALY & LINDGREN, Ltd. cc: Ric Hanson Paul Pecora 0370116.01 • • 38 K YAW 87AEET NUTCHNWK Y" 553 0 FEB 19 M CITY OF HUTCHiNSON To: City of Hutchinson City Council- We, ( }body & Doris Lamprecht) of the Bavarian Maus Restaurant, would like to host a special German event, a Bavarian Oktoberfest: We request the usage of the new parking lot behind our restaurant - this would not be the whole area, but,an area directly behind our building and to the west end of the lot. This would nave to be discussed with city officials . to determine the size needed. The date of this event would be Sentember 19, 1998. In Germany this event starts on Septamber 18, 1998. We would have questions pertairiag to policing, fencing in of area, minni -Bifs • needed, etc. Also, the serving of 11 3erman beers ". I talked to Barry Anderson on this matter, and he helped me out with some info on this matter. We would appreciate your consideration on this special event! We, as always will handel this occassion in a orderly and proffe way! Tn give you an' idea of what we have planned, here are a few of the things: We have contacted a special singing,dancing and accordian and tuba playing group called the "Bavarian Snzian" a group out of the Twin Citys. We will have German beers, Hacker- 'schorr Octoberfest, August Schell Octoberfest, and hacker - Pschorr ndellhell, plus the 1919 Roct Beer. Brats made by Langs Meat Market and our own special sauerkraut, Bavarian pretzels Last but not least, we have also contacted a lady ( Lynn Severson) of Hacker- Pschorr and Paulaner International. She said that she will help us plan and set up our "Oktoberfest" ! Thank You! 0 WA/ 124n&r ro J Hutchinson Citv Center 111 Hassan Street SE Hatchlnson. NIN 5 5350- 252 2 320-587- 5151/Fax 320 - 2344240 T - i TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of 1998 Trunk Assessment & Project Expense Rates DATE: February 13, 1998 Attached please find information related to the proposed rates noted above. Please note the following: 1998 Trunk Assessment Rates The Trunk Assessment Rates noted are also known as SAC (Sewer Access Charge) and WAC • (Water Access Charge). These rates are based on studies indicating actual costs to the City for providing these services. These assessments are for trunk infrastructure expenses such as oversizing, the lake crossing and improvements downstream of served areas (non -local lift stations, water storage towers, etc.). 1998 Project Expense Rate We are proposing to reduce the Expense Rate from 24% to 22% ( -8%) based on a review of actual expenses to the City. The main reduction comes from a lower Capitalized Interest Cost. Based on our experience with assessment collections, these costs have been much lower than expected. We recommend approval of the proposed revised Trunk Assessment and Project Expense Rates for 1998. cc: Ken Merrill —Finance Director Cal Rice — Assistant City Engineer file: Assessment Rates • Pnmed on ¢cvdcd paper - 1998 TRUNK ASSESSMENT RATES CITY OF HUTCIIINS'ON, MINNESOTA SANITARY SEWER RESIDENTIAL (Low to Mid- Density/R -1, R -2. R -3) 0 to 1 /2 acre $ 515 /unit $ 290 /unit 1 /7 to 3/4 acre $ 570 /[alit $ 350 /unit 3/4 to 1 acre $ 650 /unit $ 420 /unit Over 1 acre $1,030 /acre $ 570 /acre HIGH - DENSITY RESIDENTIAL (R-4, R -5) All parcels $ 450 /unit $ 250 /unit COMMERCIAL/ INDUSTRIAL Negotiated* $ 1,600 /acre $ 1,100 /acre * Varies due to diversity in utility use. Rate shall be no lower than those noted under "Residential -Over 1 acre Trunk Storm Sewer Rates will be determined per project. A base rate of $0.044 /SF, or $1,900 /acre will be assumed for all low -to -mid density residential development. High density residential, commercial and industrial rates may be higher. • Rates apply to all properties not previously assessed for trunk services provided All funds collected will be utilized to pay off trunk sanitary sewer, watermain and storm sewer costs incurred by the City. Connection fees will be added to Assessment Rolls when done in conjunction with improvement projects. The City shall have the option to collect the fee with the building permit in other areas. NOTE: 1998 Sanuary Sewer Rates based on increase of approximately 5 %from 1997 based on ENR Coostrudmn cost rano and Consul tent Rmm. Water rotas increased 10% due to mforma ion derived from Water RawCost of Service Study preparation. Revision Dwe Febry 11 1998 - H LASSRW TRUNX98. RAT • • 0 Ilie lcdlouving expense rates sbull be added to improveinent conso uclion costs for till iuiproveurent projects. RI 0 DEPARTMENT TOTAL INDIVIDUAL COSTS ENGINEERING 14% 8% Design (Review only, 3 % *) 6 Construction Review & Surveying* PROJECT 5% 1 Preliminary Development* ADMINISTRATION 2% Contract Administration 2% Comprehensive Planning* FINANCE /LEGAL/ 3% 1% Financial Services FISCAL 1 0/ 0 Legal Services* 1% Fiscal STANDARD RATE 22% DEVELOPER DESIGN & FINANCE* 13% *Includes Individual Costs noted above. NOTES Plan and Specification Preparation based on Prelim. Design On -Site & Office Services (Survey Control Provided by Developer) Plan Development & Review, Subdivision /Development Agrecmenis Assessment Roll Preparation, Contract Mapping, Infrastructure Planning, Topographic Mapping Bond Administration, Property Assessment Input Title and Development Agreement Review, etc. Capitalized Interest REVENUES "Engineering" and "Project Administration" revenues will be coded to the Engineering Department. "Finance /Legal /Fiscal" revenues will be coded to Finance Department (1 %), Administrative Account (1 %), Bond Account (I %) respectively. (i,\asse,,\ProRaPIN RECEWED 9 0 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND PAUL C. DOVE JANE VAN VALKENSURG RICHARD G. MDGEE CATHRYN D. REHER WALTER P. MICHELS, III 'ALSO ADMITTED IN TEXAS AND NCW YDRM Ms. Marilyn Swanson Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Coast To Coast Ordinance Our File No. 3188 -87031 Dear Marilyn: RESIDENT ATTORNEY G. BARRY ANDERSON February 18, 1998 7B 1 ' CIT' iu - ,,.,,,:SON OF COUNSEL ARTHUR L. DOTEN TERRI A. BLONI 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)389 -2214 FAX (612) 389 -5506 I am enclosing herewith a proposed ordinance granting a franchise to Coast to Coast for their building which encroaches upon city right of way. I am also enclosing, for your information, a copy of the survey information provided to me by Diane Gordon, including the survey notes, and including the facsimile transmission that I received from her on this topic. By carbon copy of this correspondence I am asking her to provide me with a clean copy of the survey as my copy Is a little hard to read and I'm also asking her for the correct name of the fee owner of the real estate. i rather expect that Dave or his father own the property and lease it to some other entity but I did not have that information at the time I prepared this draft franchise. The format used here for the grant of this franchise is similar to other franchises that the City Council has granted In the past. If you have any questions or comments in connection with any of the foregoing, you should certainly not hesitate to contact me. As I indicated to you, this matter should be placed on the City Council agenda for the last meeting in February. Thank you. Best regards. Very truly yours, ARNOLD, gANN &DOVE, PLLP G. Barry Anderson GBA:jm enc. 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION �- / ��CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ) ORDINANCE No. 98_2WD SERIES PUBLICATI • AN ORDINANCE OF THE CITY OF HUTCHINSON GRANTING A FRANCHISE TO COAST TO COAST, INC. AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. Coast To Coast, Inc., 105 Washington Avenue E, Hutchinson, MN 55350, is the owner in fee simple of certain real estate located in the City of Hutchinson, legally described as follows: Beginning at the Southwest comer of Lot 6 In Block 48 In Townsite of Hutchinson, North Half; thence Northerly along the West lime of Lots 6 and 7 in Block 48 in Townsite of Hutchinson, North Half, to the Southwest comer of Lot 2, Block 1, Hutchinson Downtown Redevelopment Plat No. 2 according to the recorded plat thereof; thence Easterty along said South line of said Lot 2, Block 1, to the East line of Lot 7, Block 48, Townsite of Hutchinson, North Half; thence Southerly along the East line of Lot 7 and Lot 6, Block 48, Townsite of Hutchinson, North Half, to the Southeast corner of said Lot 6; thence Westerly along South line of said Lot 6 to the point of beginning. AND The South 40.00 feet of Lot 2 in Block 1, Hutchinson Downtown Redevelopment Plat No. 2. Section 2. Said real estate abuts and overlaps municipal right of way also located in the City of Hutchinson. Section 3. it Is in the public interest and in the best interests of the City of Hutchinson to grant a franchise to the owner of the above described real estate in connection with the encroachment of a building and certain improvements constructed by the owner upon city right of way. Section 4. The City of Hutchinson hereby grants a franchise to the above described owner for the portion of the building described as the 'Coast to Coast" structure which encroaches upon city right of way as shown on the survey marked as Exhibit "A" and attached to this grant of franchise and incorporated as if fully set out herein. Section 5. This franchise is subject to the requirements of the Hutchinson City Charter and also the terms and conditions of all ordinances of the City of Hutchinson which are now effective or will become effective during the period of time granted by the franchise and this franchise shall expire 20 years from the date hereof. This franchise shall be subject to revocation by written notice to the fee owner or the fee owner's successors or assigns in the event of noncompliance by the franchise holder with any applicable rules, regulations or ordinances of the City of Hutchinson. Neither the fee owner nor the fee owner's successors or assigns shall acquire, against the City of Hutchinson, by virtue of this grant of franchise, any rights other than those specifically set forth herein and specifically shall not acquire any rights by way of adverse possession, prescriptive easement or otherwise. Section 6. City Code Chapter 1 entitied'General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation' and Section 2.99 entitled "Violation a Misdemeanor' are hereby adopted In their entirety, by reference, as though repeated verbatim herein. Section 7. This ordinance shall take effect after passage and publication and shall become effective upon payment of the expenses outlined in the City Charter. Adopted by the City Council this 10' day of March, 1998. Attest: Marlin Torgerson, Mayor Gary D. Plotz, City Administrator J t, F, AM JEHSEH & GORDON LAW OFF. FAX G0. 612 587 1061 P. 1 FAX • 0 S y E E T T Barry Anderson Fax #: 587 -4996 Subject: Coast to Coast Basement Date: February 13, 1998 Pages: 5, including this cover sheet. CONfN ENTS: B atry, I am faxing to you a copy of Jeff Rauseh's survey regarding the Coast to Coast store on Washington Avenue. It shows the overlap of the building on the Washington Avenue sidewalk. I am also faxing the revised legal description labeled Schedule C, When the document is completed and recorded, please forward a copy for my records. Thank you for your assistance. Diane r r, prom lho dnk of... 01dne L. Gordon Attorney ,Nnwn a OOfdon 22 North MNn Sheet HutohlhWn. MN. 553W 617 587 2048 Fmr. ell $87 1001 or— 0 FOR IOOIETTE BANK PARCEL AREAS PARCEL A • 2640 square feet PARCEL D • 13200 square feet PARCEL C • 5607 square feet SURVEY ROTES 1. The dbnensioml CW0 frme the east Bros of Lis 6 and 7, Sleek 48, Townie of )futch%son North Half Tar Parcel A 1� and from the west km of Lot 6, Bleak 48, Trrraslle of 19aetdnsen. North Holt for Postal C crew an overlap of 0.07 N' r feel along the narfh enef of Parts A and Por"I C and m overlap of 0. I 1 few a" the soutb 11ms of Palo A and Par"[ C. 2. The dlmenskpwl calla torn IM with Ins of Lot 6. BiD6 48. Tmnatte of Hutchinson Barth HaII for fie a" mew of P=a1 A and Pone) C leave a pap of 0.07 lent at the mttwest corner of Parcel C am 0.09 few at the northeast I corner of Po cel A betrawt the north Hnes et Paeal A and Peat C and the swish Ww e! Parcel 8 (South Ilns of Lot 2. lock I. HUrCHCNSON DOWNTOWN REDEYEOPHENT PLAT NO, 2)._ 7hlaygp1tas_aA_atevJ_0.S_ sauce feet. C V 3. Ttu south Nita. of tFi CaasY10'CaiYft3ullauN encroaches Into the a.aw rykl m way of wainit4ton poems by 1.06 ( ti feet at IM S"hwmat corner of The bulldkp and by 0.76 feet at the southeast career of the'buIEU4. The vast One of Vl E N T C i:� �.�bu.ldtag the Coast to Coast baat Ls. ee an , w"I n e of ate subject prop.rt . The stb)oaf prop" U iostad C-3. According to fine City of Hutehdnson Zama Ordktdnee, adopted February IM, tee setbacks ors 0 feet from o street fight of stay, 0 Imf frpn an tnfrtor tot The and 10 feet from a Residential zoning boundary. L Jaffrey R. Rousch, a ll m ad land surveyor tinder the lows of she Stale of AannaMb, do hereby certify to Harouatia Batt NA and First American Tltle Insurance Camp" that this survey of the folloWng doseribed property. PARCEL A "F The iol(owbW described tract, to -wit: 8svlmril" at a po4t on the south of Lai 6 to Bloat 48 b the Townshe of Hutchinson North Half, _ Trenf7 -tvo (22) fast weaf iron the soarhtast ce..a of said Let S!c 15Y, fMrw :raft North Orn Hundred Twenty 11203 !ow on a INS W-.I el to s amt one of Lots 9U (6) and Sinn ('n In said 81stk Ferry -Nytt (48): rMOa Emt an a its perOW to the soush 1ne of said LOT Six (8), s: ? - Twenty -two (22) feet 10 The test pee of Lot San (7) In amid Block Fogy -elpht (4et thence South along The "at ens of Lots San (7) and PLAT NC IIOM - x �- N89'31'14'E WASHINGTON AVENUE „� " �o c At PARCEL C Lo of �8 � CL 1 T V.� LOT 6 I N I L 1 113 PLAT NC IIOM - x �- N89'31'14'E WASHINGTON AVENUE „� " �o c 0 I Ld w w Q a 0 Donal*% Iron w IN o Ia zo a 'calf In W HUTCHINSON DOWNTOWN LOT 2 N89* W'31'E 140.19 W rw` � s � � I I I an and r - - } 63 Y I I = 8 1 PARCEL B a N Mwuar w1.0 I — I b wnan+na oar+ *w. amexianExc+u*.a z'. N w clrra . n oavr. - N89°30'31'f 140.18 b I 110. pM,.M ,VMn i 1..� furl �. CI : �� ! �Mrr Bir hsl • � i REDEVELC 5 I 61 LOT I g LOT 7 . $ w w hem surtace .I c [ " �� ��� I II PARCEL C 8 0 SCHEDULE C The land referred to In this policy IS Situated In the State of Minnesota, County of McLeod, and Is described as follows: Beginning at the Southwest corner of Lot 6 in Block 48 in Townslte of Hutchinson, North Half; thence Northerly along the West line of Lots 6 and 7 in Block 48 in Townsite of Hutchinson, North Halt, to the Southwest corner of Lot 2, Block 1, Hutchinson Downtown Redevelopment Plat No. 2 according to the recorded plat thereof; thence Easterly along said South line of sold Lot 2, Block 1, to the East line of Let 7, Block 48, Tawnsite of Hutchinson, North Half; thence Southerly along the East line of Lot 7 and Lot 8, Block 48, Townsite of Hutchinson, North Half, to the Southeast corner of said Lot 6; thence Westerly along South line of said Lot 6 to the point of beginning. AND The South 40.00 feet of Lot Two (2) in Block One (1) Hutchinson Downtown Redevelopment Plat No. 2 LJ I * 56M 41191) sM V // I Llektheess 1ee1[stere Inc. 78 Main SL N. Hutdimmq MN 55350 Pharr 587-0445 _ Fu 587-0445 FES 19 1998 February 18, 1998 Gary Plotz City Center 1 I1 Hassan St. SE Hutchinson, MN 55350 Dear Gary, CITY OF HU I Qt„NSON Hello my name is Craig Lauer owner / manager of the Lighthouse Bookstore. My letter is in regards to the Rebecca St. James concert, that is coming to town on Thursday March 26. I would like to have permission from the city council to allow an autograph signing of Rebecca St. James in the city parking lot. The parking lot that 1 am asking for permission is in Block 50, which is behind the Dairy Queen, and Carly's Shoe store. The time of the autographing would be after the concert, which was requested by Rebecca St-James management staff. Why I am also requesting this letter is because the Lighthouse Bookstore will not take possession of the store which it will reside in until April 1, 1998. Otherwise I would have no problem doing the autographing in my store, but this not the case at this time. This location is an ideal place as a business point of view, bemuse it is letting the public know where I will be in the future for there shopping needs. If there are any questions that arise please feel free to call me 587 -0445, thank you for your time. Sincerely, n Craig Lauer iJ FEB -20-98 3:44 FPOM:AF,'NOLD AIIDEP.SON DOVE 612 -389 -5506 TO:320 597 4096 PAGE:02 I u DAVID P APNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND PAUL D DOVE­ JANE VAN VALKENBURG RICHARD G. MCGEB CATHRYN D. PEHER WALTER P. MICHELS. III JAMES UTLEY ARNOLD, ANDERSON & DOVE PR0FE5S10NA11, MITED LIA1341T1 "APTVERSHIP ATTORNEYS AT LAW 501 SOUTH FOURTH 9TREC PRINCETON, MINNESOTA 55371.2005 (612) 3B9 -Z21A FAY 181 2) 360.5506 METRO LINE 1612) 545 -6016 REBIDPNT ATTORNEY STEVEN A. ANDERSON February 20, 1998 Mr. Larry Martin P. Z.».- FEB 2 01998 CITl uF hU I GHdVSON OF COUNSEL ARTHUR L DOTEN 5981 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 161,1;549 -0000 FAX 1612)545 -1793 101 PARK PLACE HUTCHINSON MINNESOTA 55370 (320) 507.7575 FAX 1320) 587 A096 Larkin, Hoffman Law Firm Sent Facsimile & U.S. Mail 1500 Norwost Financial Center (612) 896 -3333 7900 Xerxes Avenue South Bloomington, MN 55431 -1194 Attorney at Law Re: City of Hutchinson / Wetherell Property Acquisition Our File No. 3244 -97115 Your File No. 23,343 -00 Dear Larry: 0 This letter is a follow up to our telephone discussion of last week regarding the above referenced matter. Some time ago you requested the privilege of addressing a city council with regard to the issue of whether or not, if there is a condemnation on this parcel, the taking should be simply the portion required for roadway purposes or should include all of the property owned by your clients, Mr. and Mrs. Wetherell. I indicated to you previously that the council is willing to hear your discussion on this issue and as I indicated to you during our discussion of last week, I have previously requested that the administrative assistant for the City of Hutchinson place this matter on the city council agenda for February 24,1999- By carbon copy of this correspondence to Marilyn Swanson, I am again requesting that it be placed on the agenda for February 24. 1 understand from our telephone discussion of last week that you are available to visit with the council for ten or fifteen minutes on this topic on the date in question. The city council meetings begin at 5:30 p.m. and depending on what is on the agenda, may be over fairly quickly. I would recommend that you arrive at 5.30 p,m. and I will attempt to see that your concerns are addressed as early as possible. T rather doubt that the city council will make a decision that evening, but will want to take into consideration whatever continents you wish to share with the council. 'CERTIFIEO AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION --CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - EB -20 -98 13:44 FROM:RRNa-D ANDERSON DOVE 612 -389 -5506 TO:320 587 4096 PAGE:03 Attorney Larry Martin February 20, 1998 Page 2 Also, as we discussed, we are undergoing informal discussions to we if we can reach an understanding regarding a number to recommend to the city council to resolve all issues. IT those efforts are not successful, we will not hold your clients to any suggested settlement figure ( and vice vcrsa ) and both parties can return to status quxo ante and proceed with whatever process is appropriate. I look forward to discussing the matter further with you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P -LIT. G. Barry Anderson Attorney at Law GBA:In Q1J'IC.�kca.G7C /e cc: #Pff'yn WWaeaon, Adriinistrittivo Assistant (wry D. Plotz, City Administrator The City of Hutchinson 0 0 40 J SP. VWNN nL H. MFMI � (6W.O X. FNE11Ell Evwno J. oR me n. svxJrn JoXX n PuwEn FRM1M(1. 1MRJEY aware fl Noma • aR�b}lpA1J.[IETIEn IINw H F4%1 iXOUne P. sralTww NKIVFL C. YLbMV XYN E. DIE10. Jox fl e J. lY4.M0 J. 0.YN1 YlE! P. pL11N WM t£RN ➢L 9EP( JPN a ILH.'QU6! wnE nolw Ja« A mil PIJL fl 0.LNtErt ILYJ L KAfAN MMffiI M PICARE IIENµW YM]wY fl IEflVRW nvEmRV a FeXSrro fYAYA VAV LIEYE' nYll¢ L BOAIE9 nuonlr J. xF.>E Mill N. NPE.®Cn n'J1M L RCBI".1( NaNBW eOIEY TNI fl YAE% iEPi@CE E 91811CP 4J'1� nPAY OYIYA R¢fFJQ axaeroP�.a J XMail4nML FBC¢J. gLRCOOE 41UCEJ. DOU¢Jb February 24, 1998 LARKIN, HOFFMAN, DALY & L.INDGREN, LTD. WawMa �"�^H Je JpN0.NLL PEfEA J. mM1G ATTORNEYS AT LAW uwmn Yrwm Jwa a eeENEn JaN 1 016iwMf81 M']VFL J. 81eM 1500 NORWEST FINANCIAL CENTER MOEW F. PENaN F�RIXW NFB.M 7900 XERXES AVENUE SOUTH w1EL W. WBB BLOOMINGTON, MINNESOTA 55431 -1194 e0. Eee MIY N IEYq JaNNYI TELEPHONE (812) 835-3800 NEIEE Ln CIRCRVIgR WXID FAX (812) 898 -3333 Nµc X. Fpnel oow,.e w. P�aaJ3l ertNEJI J. If.WMSV TA' F. MFY.MC�EA & wla¢r, wJ elww�A wrxvaal JJIN F. RL® C. EIIX WW.E6 LYIIf YI>ELLE NODIIH C. BREXI RC®ID JaN E. TarrQ,X gE61N e. W£41WIA' J¢e: e. P�aoevl J.WEB N YEVJ NIIiEW n FIMJ " OM e. IC9MCW 6 Wli¢ yfX F. wLT o �aaeaTX UN�a+e+ ALLIH E. YLLLA14! NBLHL R NCFRBGI 1'LBEPII nRB ' NHO /OMIIEn N VAIC " QIY ILMRIDN YMnMauaEne City of Hutchinson Mayor and City Council 111 Hassan Street Southeast Hutchinson, MN 55380 . Re: Acquisition of Gary and Mary Ann Wetherells' property Our File 23,343 -00 You File 3244 -97115 Dear Mayor and Council: 1. Introduction. The following is the factual basis and legal discussion that we ask you to consider in deciding whether to acquire the entire Wetherell parcel as part of the ongoing road construction project. 2. Facts. The facts pertaining to this matter are presented in the affidavit of Gary Wetherell, dated February 24, 1998, attached hereto which include the following: The Wetherells own a 20 -acre tract of property in the City of Hutchinson, McLeod County, Minnesota (the "subject property"). The Wetherells' home is located on the subject property, and they operate their truck parts salvage business from the subject property. The proposed improvement project consists of the construction of a road through the middle of the subject property. After the road is constructed, their home will be on the south side of the road, and buildings used for their business for storing inventory will be on both sides of the road. Having a road constructed • through the middle of the Wetherells' business will cause a safety hazard. In order to utilize the property � 1 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. City of Hutchinson February 24, 1998 • Page 2 for the existing business purposes, one will have to, almost continuously, go back and forth across a well - traveled street. The storage of inventory is a fundamental part of the Wetherells' business. Their business involves tearing apart large trucks, and then organizing the storage of various truck parts. The tearing apart of these trucks is done outside, on the ground. The Wetherells have buildings located on both sides of the proposed road which are used, in conjunction with their business, for storage of truck parts. All of the potential storage space that the Wetherells have is currently utilized; they have no extra storage space available at this time. The proposed road will result in loss of potential storage for the Wetherells because it will be constructed right through the middle portion of their yard which is where they put the large trucks and work on taking them apart. The goal and the result of construction the road through the Wetherells' property is to extend and broaden the City's industrial park. Prior to this project, the subject property was screened by trees which created a substantial windbreak on the westerly side of the tract. The proposed road will be cut through the middle of the windbreak. The road will change the nature of the neighborhood surrounding the subject property from rural - agricultural to industrial, resulting in this being a highly undesirable place for the Wetherells to live. Before the taking, visitors and customers had to pass by the Wetherells' residence before approaching any • of the storage buildings. After the taking, security will be lost because the road will split the buildings, enabling individuals to enter the storage buildings virtually undetected by the Wetherells because their home will be on the other side of the road. The Wetherells' business operates on very small margins, thus, they have very low overhead. This road project may result in increased real estate taxes on the Wetherells' property because it may be taxed as industrial property. Their business will no longer be viable if the road improvement project results in increased taxes. The Wetherells are only in the business of running a used truck parts business. If the subject property is now in an industrial park, then the most sensible thing to do is market their property for potential industrial users. However, the Wetherells are not in a position to market the property because they have no experience in the industrial property market, but more importantly, because the City has an active community development agency that the Wetherells would have to compete against to successfully obtain industrial users. 3. Discussion. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601 et seq. (the "Relocation Act ") and the Code of Federal Regulations (CFR) pertain to this case and provides the pertinent legal foundation for our discussion. An uneconomic remnant is clearly defined as: • LARKIN, HOFFMAN, DALY & LINDGRFN, LTD. City of Hutchinson • February 24, 1998 Page 3 The term uneconomic remnant means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner. 49 CFR 24.2(w). The policies used to implement the Relocation Act mandate that the acquiring entity, in this case, the City of Hutchinson, must acquire any uneconomic remnant: If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the Agency [City] shall offer to acquire the uneconomic remnant along with the portion of the property needed for the project. 49 CFR 24.102(k) (emphasis added). Both Minnesota and Federal court have upheld the mandates of 49 CFR 24. See U.S. v. 14.38 Acres of Land, 80 F.3d 1074 (5" Cir. 1996). There is no uncertainty that if this road improvement project would leave the Wetherells with an uneconomic remnant, the City is obligated to acquire the uneconomic remnant along with the Wetherells' property which is specifically needed for the construction of the new • road. Equally clear is that the determination of whether or not a parcel is an uneconomic remnant is dependent upon the use, after the taking, to the existing owner. If after the partial acquisition of the owner's property, the Wetherells are left with property which has little or no value or utility to them, then the remaining property is legally considered an uneconomic remnant. In this case, the facts reveal, for numerous reasons, that after the new road is constructed through the middle of the Wetherells' property, the remaining property is of such little utility to them that it is an uneconomic remnant which the City must now purchase at its fair market value. Safety The Wetherells' use of the property is for their truck parts salvage business as well as their residence. From a safety standpoint, the proposed road will go through their business, rendering part of it on each side of the road. This will create a safety hazard for all those using the business: employees and customers. The road will not only interrupt their business, but will make operating their business unsafe. The creation of such a safety hazard means that the property left after the construction of the road is of little or no utility to the Wetherells, and must be acquired by the City as an uneconomic remnant. Storaee As described above, the proposed improvement project consists of the construction of a road through the middle of the subject property. The storage of inventory is a fundamental part of the Wetherells' • business. The proposed road will result in loss of potential storage for the Wetherells because it will be constructed right through the middle portion of their yard which is where they put the large trucks and LARKIN, HOFFMAN, DALY & LINDGREN, LTD. City of Hutchinson February 24, 1998 • Page 4 work on taking them apart. Thus, the open space that they need will be taken, and because they have no way of getting more open space or expanding their storage capability, the new road will preclude them from successfully operating their business on the subject property. There is no way to remedy this problem; the property will have little or no utility to the Wetherells. Therefore, it is legally an uneconomic remnant which the City must pay for. Neighborhood change. The road will change the nature of the neighborhood surrounding the subject property from rural - agricultural to industrial. It is on this parcel that the Wetherells live. Certainly, property in the midst of an industrial development has little utility to the Wetherells as their homestead. In addition, the irreplaceable loss of trees which screened the property from the existing road will result in the property being less suited for residential use. Accordingly, as a homestead, the road construction project renders the property of no utility for the Wetherells and is legally considered an uneconomic remnant. Securily. Before the taking, visitors and customers had to pass by the Wetherells' residence before approaching any of the storage buildings. After the taking, security will be lost because the road will split the buildings, enabling individuals to enter the storage buildings virtually undetected by the Wetherells because their home will be on the other side of the road. The business property contains valuable business inventory which cannot be kept as secure in the after taking scenario as it was before the new road construction. Again, this significant and detrimental impact on the safety and economics of the Wetherells' business diminishes the utility of this property for the Wetherells. Increased overhead. The Wetherells' business operates on very small margins, thus, they must have very low overhead. This road project is likely to result in increased real estate taxes on the Wetherells' property if it is be taxed as industrial property. Their business will no longer be viable if the road improvement project results in increased taxes. Obviously, if the project results in the Wetherells' business either becoming less profitable or not profitable at all, the remaining land is of limited utility to the Wetherells. Wetherells Are Not in the Business of Developing Pronertv The Wetherells are only in the business of runnin a used truck parts business. If the subject property is now in an industrial park, then it is likely that the property should be marketed for potential industrial users. The Wetherells are not in a position to market the property because they have no relevant experience, and more importantly, because the City has an active community development agency that the Wetherells would have to compete against to successfully obtain industrial users. The Wetherells will be precluded from obtaining value from the property because of the road construction project. This means • that for the Wetherells, after the project, the remaining property will be an uneconomic remnant. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. City of Hutchinson • February 24, 1998 Page 5 4. Wetherells' Appeal Rights. If the City determines that the Wetherells do not have an uneconomic remnant after the taking, the Wetherells have the right to an administrative appeal and then a judicial appeal in order to pursue their claim that the City is legally obligated to condemn their entire 20 -acre parcel as a result of the damage incurred from the road construction project. Importantly, their administrative review must be conducted by the City, but it would be impermissible to have that review conducted by anyone who was involved with the making of the City's initial decision as to whether or not the Wetherells are left with an uneconomic remnant. The procedure for appealing the City's determination that a parcel of land is not an uneconomic remnant under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601 et seq. (the "Relocation Act ") is summarized as follows pursuant to the Code of Federal Regulations (CFR): • Any aggrieved person may file a written appeal with the Agency (in this case, the City of Hutchinson) in any case in which the person believes that the Agency has failed to properly consider the person's application for a relocation payment. 49 CFR § 24.10(b). • • The City may set a reasonable time limit for a person to file an appeal, but that limit cannot be less than 60 days. 49 CFR § 24.10(c). • In deciding an appeal, the City must consider all pertinent justification and other material submitted by the person and all other available information that is needed to ensure a fair and full review of the appeal. 49 CFR § 24.10(f). • Promptly after receipt of all information submitted by a person in support of an appeal, the Agency shall make a written determination on the appeal, including an explanation of the basis on which the decision was made. If the full relief is not granted, the City must advise the person of his right to seek judicial review. 49 CFR § 24.10(g). • The City official conducting the review of the appeal shall be either the head of the City (the Mayor, presumably) or his authorized designee. However, the official may not have been directly involved in the action appealed. 49 CFR § 24.10(h). The procedure for judicial review in Minnesota was determined by the Minnesota Court of Appeals in Naegele Outdoor Advertising, Inc. v. MCDA, 551 N. W.2d 235 (Minn. Ct. App. 1996). In the Naegele case, the MCDA acquired land on which Naegele maintained advertising signs. Naegele disputed the amount of relocation benefits that the MCDA awarded it. The MCDA appointed a hearing officer to review the benefits awarded. The hearing officer was an assistant Minneapolis City Attorney who served as an attorney for the MCDA. Naegele did not challenge the hearing officer's appointment. The MCDA issued a decision regarding Naegele's entitlement to relocation benefits which Naegele appealed to the district court. The district court dismissed the appeal for lack of subject matter jurisdiction. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. City of Hutchinson February 24, 1998 Page 6 The court of appeals determined that the hearing officer's decision was quasi-judicial, and concluded that judicial review of an administrative body's quasi-judicial decision must be invoked by writ of certiorari when no other right of review is authorized by statue or appellate rule. The Minnesota Uniform Relocation Act governed Naegele's right to relocation benefits pursuant to Minn. Stat. § 117.50 -.56 (1994). The Minnesota Act references the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations promulgated thereunder. The court acknowledged that those regulations require the acquiring agency to advise the property owner of his right to seek judicial review, but do not specifically provide for review in district court. The court held that in the absence of authority to review an administrative decision in district court, a writ of certiorari is the only appropriate method of judicial review. 5. Conclusion. Thank you for considering the Wetherells' facts and discussion explaining why, after the road construction project, the remaining land will have little or no value or utility to them. If you have any additional questions, please feel free to contact me. We look forward to learning of your decision. • , HOFFMAN, DALY & LINDGREN, Ltd. cc: Gary and Mary Ann Wetherell 0375279.01 r 1 L n Regarding the matter of The acquisition of certain lands from Gary and Mary Ann Wetherell by the City of Hutchinson. AFFIDAVIT OF GARY WETHERELL STATE OF MINNESOTA ) ss COUNTY OF McLOED) Gary Wetherell, being fast duly sworn, deposes and states as follows: My name is Gary Wetherell, and I am the owner, along with Mary Ann Wetherell, my wife, of the property located at 1145 Arch Street, Hutchinson, Minnesota. 1145 Arch Street is a 20 acre tract of property that the City of Hutchinson is • considering condemning for the purpose of roadway construction. This 20 acre tract of property (the subject property) is the location of our home and our business. The proposed improvement project consists of the construction of a road through the middle of the subj ect property. The attached Exhibit A is a depiction of our property with the proposed roadway superimposed on the property. After the road is constructed, our home will be on the south side of the road and buildings used for our business for storing inventory will be located on both sides of the road. 4. The proposed roadway interferes with an important part of our staging for the dismantling of trucks. The storage of inventory is a fundamental part of our business which involves the acquisition and dismantling of trucks for purposes of salvaging of truck parts. The salvage operations take place outside in a location that conflicts with the proposed roadway. All • of the buildings depicted on the attached Exhibit A, other than the home, are used for the 9 -AI inventorying of truck parts. The proposed roadway will result in a safety hazard because it is • placed in the middle of our inventory and salvage operations. Because of the safety hazard, the remnant will be an uneconomic remnan The proposed roadway causes a shortage of storage space. Essentially all of the available space on the subject property is utilized for storage of inventory. The proposed road will result in the loss of potential storage space because it will be constructed through the middle of our property where large trucks are stored and dismantled. 6. The proposed roadway changes the neighborhood from residential to industrial. Before the proposed project, the subject property is screened by trees which create a substantial windbreak on the westerly side of the property. The proposed roadway will cut through the middle of the windbreak. The proposed project will change the nature of the neighborhood surrounding the subject property from rural agricultural to industrial. • 7. The proposed roadway creates a security problem. Before the road project and the proposed taking, visitors and customers had to pass by our residence before approaching any of the business storage buildings. After the taking, security will be lost because the road will split the buildings enabling individuals to enter the storage buildings virtually undetected by my wife and me because our home will be on the other side of the road. 8. The proposed roadway will increase our overhead causing us to loose value. Our business operates on very small margins. Because our margins are small, we must maintain a very low overhead The proposed roadway will increase our overhead because of pressure to increase the tax on the property because of its conversion to industrial property. Our business will no longer be viable if it is required to sustain an increased level of taxation. FA 9. My wife Mary Ann and I are in the business of running a used truck parts • business. If the subject property is placed in an industrial park, increased operating costs will likely force us to market the property for potential industrial users. However, we are not industrial property developers and have no experience in the industrial property market. Therefore the remainder property has no economic utility to us. 10. The City of Hutchinson has an active community development agency that actively seeks industrial users. It would be difficult, if not impossible, for us to compete against the City to successfully obtain industrial users if we had to market the property for industrial us. For all of the above reasons, if the City were to acquire just the portion of the roadway through the middle of the subject property, the remainder would have little or no value or utility to Mary Ann and me or our business. FURTH • • � Gary i We t he rell to before me this k � 1998 Notary 0375291.01 "fJIFYRY D. M/1R��� '�� IAINN January 31, 2000 • 3. • r \ 0 a o 00 0 0 .0 fl 0 r -°--3 0 I ", i� A" 0 I,- OPEN -HOLD COUNCIL REPORT 24- FEB- 1998page 1 ____- - - - - -_ __ _ _-- _- - - - - -- 1980 TIDS JOHNSON, LEONARD G. MARCH PAYMENT $812.76 < *> $812.76* 10 IMPROV. BDS FIRSTAR BANK OF MINNESOTA PAYING AGENT FEES $266.50 < *> $266.50* 1996 IMPRO CONST OSM c *> 1997 IMPR. CONST BRAUN INTERTEC CORP HUTCHINSON UTILITIES CENTRAL GARAGE BRANDON TIRE CO CARQUEST AUTO PARTS CHAMPION AUTO FORBES AUTO GENERAL OFFICE PRODUCTS H &L MESABI HOLT MOTORS INC HUTCHINSON WHOLESALE JERABEK MACHINE SERV JERRYS TRANSMISSION MODERN MAZDA RADEMAKER, MICHAEL J. ROO EQUIPMENT RMS ST.JOSEPH'S EQUIPMENT INC STATE OF MINNESOTA VALLEY SALES OF HUTCHINSON WAL -MART WELDING SYSTEMS INC GENERAL FUND ALLIED SERVICES OF HUTCHI AMERICAN PLANNING ASSN BAHR, SARAH BERKLEY RISK SERVICES BLACK HILLS AMMUNITION BRANDT GARMET LETTERING BRINKMAN STUDIO BROWNS FLORAL BUSINESSWARE SOLUTIONS CADD /ENGINEERING SUPPLY CELLULAR 2000 CENTURY LABS COAST TO COAST COUNTRY FLORIST, A DARE AMERICA MERCHANDISE DEPT NATURAL RESOURCES DIRECT SAFETY CO DOMINO'S PIZZA ELECTRO WATCHMAN ELIASON - JOHNSON, KATHY ENGWALL, JEANNE ERLANDSON, DAVID EWING, BRENDA FABRICARE CLEANERS FIELD, AUDREY FITZLOFF, TAMMY GANDER, CURT & JOAN GEB ELECTRICAL INC GENERAL OFFICE PRODUCTS GOLDSTEIN, LUANN GOVT TRAINING SER GRAINGER GREAT PLAINS SUPPLY GREEN THUMB EMPLOYMENT & HAMMOND- JOHNSON, MICHELLE HARD, DEDE HARTWIG, DARLA r - 1 L PROFESS SERV -5TH AVE BRIDGE PROFESS SERV -5TH AVE BRIDGE INTEREST MOUNT /DISMNT, PATCH TUBE, T STARTER DOOR MOULDING MATERIALS, LABOR -REP LOCKO KEY TAG SNO PLOW SUPPLIES BDY ASSY CREDIT MAKE BUSHING FOR SNOWBLOWER PARTS, LABOR, SERVICE CALL TOW TO CITY GARAGE ADAPTOR, SCREW HDWE TUBE O -RING DECAL ORDER T /SIG SW PHONE CRONAWEAR 750 $16,750.73 $16,750.73* $2,835.50 $21.62 $2,857.12* IRE $16.50 $134.45 $6.37 NSON MATERIALS, LABOR $137.50 MEMBERSHIP DUES $389.00 SKATING SCHOOL INSTRUCTOR $28.88 FEB PROFESS CONSULT $800.00 AMMUNITION $219.50 SHIRTS $745.62 KODACHROME $28.43 CLAY POTS $10.96 HP CARTRIDGE $216.21 TRANS BOND, COLOR BOND $130.37 FEB SERVICE $815.82 KLEEN GREEN $70.02 THERMOMETER $40.02 PLANT FOR BERTHA D FUNERAL $37.10 DARE SUPPLIES $80.55 DNR FEES TO STATE $1,090.00 LOCKOUT KIT $177.06 PIZZA $11.70 QUARTERLY CHARGE $603.86 REFUND -TRIP CANCELLED $15.00 REFUND -TRIP CANCELLED $15.00 REIMB - SUBSCRIPTION RENEWALS $276.43 REIMB- MEALS, MILEAGE $44.27 CLEANING $13.20 REFUND SR CLASS $5.00 REFUND- SHELTER CANCELLED $18.00 REFUND -CLASS CANCELLED $28.00 LABOR, MATERIALS $348.68 CERTRON M60 -10 $313.46 REFUND -TRIP CANCELLED $15.00 REG -MARK HENSEN $70.00 VALVE KIT, REPAIR KIT $86.58 SINK, FAUCET, BASKETS $217.05 TRG GREEN THUMB PARTICIPANTS $250.00 FOOTWEAR REIMBURSEMENT $97.25 REFUND -TRIP CANCELLED $15.00 REFUND -TRIP CANCELLED $15.00 /0-41 /0-41 OPEN -HOLD COUNCIL REPORT 24- FEB- 1998page 2 GENERAL FUND _____ __ ------------------------------------ HAUGEN, MARV ---- REIMB- COMPUTER MEMORY - - - --- $159.73 HEALTH SERVICES OF NORTH AMERI TESTS $58.00 HILLYARD FLOOR CARE / HUTCHINSON TOWELS, TISSUE, LINERS $611.11 • HUHN, LARRY CASH ADVANCE -MSPS ANNUAL CONF $180.00 HUTCH FIRE & SAFETY EXTING INSPECT $17.50 HUTCH PLBG & HTG CO KITCHEN WORK PER BID $1,044.00 HUTCHINSON AREA HEALTH CARE PHARMACY, VACCINE, BLOOD TYPE $150.60 HUTCHINSON UTILITIES HPS BULBS $15,909.02 IN THE LINE OF DUTY INC RENEWAL TRAINING TAPE $695.00 INSURANCE PLANNERS HUNTING & FISHING LIC BOND _ $150.00 JACK'S UNIFORMS & EQUIPMENT SHOES $782.93 JACOBSON, JILL REFUND -CLASS CANCELLED $3.00 JASTER, WANDA REFUND -CLASS CANCELLED $32.00 JERABEK MACHINE SERV FLAT IRON, CUTTING $2.63 JIM MASSMANN CONST LABOR- REPLACE LOCKER BOARDS $50.25 JOES SPORT SHOP SHIRTS $32.00 K MART MOUSE - GEMINI $55.35 KENNING, RUTH REFUND- SHELTER RESERVATION $20.00 KIESER, SUE 1/13 MTP FA, 1ST RESP HOURS $150.00 KLAWITTER, JOHN REFUND SHELTER RESERVATION $20.00 KNOWLEDGE POINT PERFORM NOW $507.00 KOCK'S JEWELRY ENGRAVE DARE METALS $14.00 LANG FLOWERS & GARDEN CENTER FLOWERS -L TORGERSON FUNERAL $48.50 LEAGUE OF MN CITIES REIMB CLAIM $120.48 LEWERENZ, RODNEY REFUND -TRIP CANCELLED $15.00 LITTLE DUKES CAR WASHES $144.00 LOGIS JAN SERVICE $10,177.94 M.A.C. CONSTRUCTION KITCHEN REPAIRS $1,622.00 MAURER, SCOTT REFUND -TRIP CANCELLED $15.00 MCGARVEY COFFEE INC COFFEE $174.50 MCGRAW, DAVID REFUND -TRIP CANCELLED $15.00 MCLEOD COOP POWER JAN ELEC $2,055.87 MCLEOD COUNTY FIRE CHIEFS 1998 DUES $150.00 MCLEOD COUNTY TREASURER PARCEL LISTING $5.00 METRO SALES SERVICE AGREEMENT $387.00 MICHAEL, DANIEL RETURN DEPOSIT - AIRPORT FUEL $25.00 MN D.A.R.E. OFFICERS ASSOC REG- MICHELLE HAMMOND- JOHNSON $50.00 MN DEPT OF AGRICULTURE 7 RECERTIFICATION FEES $70.00 MN REC & PARK ASSC REG -J MATHWIG & B ERLANDSON $180.00 MN SPORTS FEDERATION TOURNAMENT ENTRY $1,210.00 MODERN MAZDA TOW VEHICLE TO PD $73.49 • MOTOR VEHICLE LICENSE TABS $500.00 MRPA TOURNAMENT ENTRY $330.00 NATIONAL ARBOR DAY FOUNDATION MEMBERSHIP DUES $15.00 NO STATES SUPPLY INC HDWE $62.46 OLSON, BETHANY MIDDLE SCHOOL DANCE $21.00 PAGE, LAURIE REFUND -CLASS CANCELLED $35.00 PEARCE, JESSICA MIDDLE SCHOOL DANCE $27.00 PETERSON BUS SERVICE COACHES TO OLD LOG THEATER $455.00 PIONEERLAND LIBRARY SYSTEM QTR 1 PAYMENT $20,108.75 PLOTZ, GARY D. REIMB- MEALS, MILEAGE $65.57 PLOWMAN, CARLA REFUND -TRIP CANCELLED $15.00 POWDER RIDGE SKI CORP SKI LESSONS, LIFT $2,664.00 QUADE ELECTRIC LABOR $474.30 QUILL CORP OVERHEAD PROJECTOR $619.94 R & T SPECIALTY DARE SUPPLIES $1,304.60 R&R SPECIALTIES INC 77" ICE BLADE GRIND $155.50 RELIABLE LIQ PAPER CORRECT PEN $12.95 RESPOND SYSTEMS SAFETY SUPPLIES $120.20 RODEBERG, JOHN REIMB- LODGING $276.66 RUTZ PLBG & HTG LABOR CHARGE $40.00 RUTZ, IRINA REFUND -CLASS CANCELLED $15.00 SCHNOBRICH, MARK REIMB -MEALS $6.41 SERVICEMASTER FEBRUARY CLEANING SERVICES $1,754.48 SHELDON THEATRE SR TOUR -37 + 1 TICKETS $444.00 SHRED -IT SHRED DOCUMENTS $56.61 STANDARD PRINTING RECEIPTS $396.21 STAR TRIBUNE PAPER THRU 5/27/98 $26.00 STARK, BRIAN REFUND -TRIP CANCELLED $15.00 STEELE, BRENDA REFUND -CLASS CANCELLED $35.00 STREICHERS DRUG TEST KITS $134.56 SUBWAY PLATTER, SOUPS, COOKIES $46.96 TARALDSON, JOY REFUND -CLASS CANCELLED $35.00 TEPLY, TODD MIDDLE SCHOOL DANCE $400.00 TRI CO WATER COND SALT $118.86 TWO WAY COMM INC SWITCH, LABOR $557.41 E OPEN -HOLD COUNCIL REPORT 24- FEB- 1998page 3 _____ GENERAL FUND ___ ___ ______________ ____ ________ UHL CO. __ MILEAGE, LABOR - ____- $433.00 __ -____ UNITED BLDG CENTERS FIRE GUARD CEIL TILE $468.77 WAL -MART PADFOLIO $183.94 • WEIS, MARK REIMB- CORDLESS DRILL $85.08 WENDOLEK, PETER TACKLE FOOTBALL COACH $120.00 WILLIAMS STEEL & HARDWARE ADDITIONAL FREIGHT CHARGES $14.23 XEROX MONTHLY CONTRACT $1,476.25 <-' $78,784.12* HUTCH TRANS FAC. BUSINESSWARE SOLUTIONS ETERNACELL $168.27 CITY OF HUTCHINSON WATER /SEWER USAGE $256.05 DOOR SERVICE OF ST. CLOUD LABOR CHARGES $87.50 METRO SALES SERVICE AGREEMENT $234.00 NORTHERN POST CASTER, HOSE REEL $135.86 QUADE ELECTRIC LABOR, RESET CB $39.20 RCH INC DIESEL FUEL $4,121.51 <-> $5,042.39' INSURANCE FUNDS RUTHERFORD PUBLISHING TOTAL, WELLNESS NEWSLETTER $225.00 <*> $225.00* LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $93.00 CITY OF HUTCHINSON- GENERAL FUN REIMB FOR CITY JACKETS $16.75 CROW RIVER UPRISING ADVERTISING $25.00 ED PHILLIPS & SONS CO. FEB WINE PURCHASE $4,547.01 EL QUEENO CIGAR CO FEB MISC PURCHASE $40.80 GRIGGS & COOPER TOBACCO DIV TOBACCO PURCHASE $386.40 GRIGGS COOPER & CO FEB LIQUOR PURCHASE $18,523.28 HUTCH PLBG & HTG CO LABOR, VALVE KIT $76.38 JOHNSON BROTHERS LIQUOR CO. REPAY CREDIT TAKEN TWICE $11,842.06 LENNEMAN BEVERAGE DIST. INC FEB BEER PURCHASE $3,824.40 LEO'S TRANSFER JAN /FEB FREIGHT $798.14 LOCHER BROS INC FEB BEER PURCHASE $10,595.00 METRO SALES SERVICE AGREEMENT $234.00 NELSEN, LORI MILEAGE $11.47 QUALITY WINE & SPIRITS CO. FEE WINE PURCHASE $4,246.34 TRIPLE G DISTRIBUTING INC FEB BEER PURCHASE $22,103.60 • $77,362.63* WATER /SEWER FUND AM.WATER WORKS ASSN MEMBERSHIP RENEWAL $100.00 ARMIN PLASTICS - CENTRAL TUBULAR BAG $562.24 BUSINESSWARE SOLUTIONS LAN PC CARD $198.10 CDI OFFICE PRODUCTS LTD TYPEWRITER, LABELS, PAPER $262.14 CELLULAR 2000 FEB SERVICE $24.43 COAST TO COAST UPS $25.00 CROW CHEMICAL CO CLEANER $156.64 D.P.C.IND.INC CYL DPC INDUST $144.00 DYNA SYSTEMS ANCHOR $112.33 GOPHER STATE INC JANUARY 1998 CALLS $31.50 HARRIS COMPANIES JAN SERVICE MAINT INSPECT $1,055.00 HAWKINS WATER TREATMENT GROUP HYDRO ACID $809.42 HCI CONNECTING POINT HP SYSTEM $5,121.59 HENRY & ASSOCIATES REMOTE METER WIRE $196.99 HILLYARD FLOOR CARE / HUTCHINSON GREEN TOP $1,003.13 HUTCHINSON LEADER SHEET PAPER $3.83 HUTCHINSON UTILITIES JAN ELEC $617.14 HUTCHINSON WHOLESALE BALL MOUNT $63.23 JEFF'S ELECTRIC MATERIALS, LABOR $386.58 JUUL CONTRACTING CO T- BOLTS, GRAVEL, BACKHOE, LBR $784.50 LOGIS JAN SERVICE $2,215.24 MCGARVEY COFFEE INC COFFEE, HOT CHOC $46.84 MCNICHOLS CO PERFORATED METAL $253.52 METRO SALES SERVICE AGREEMENT $234.00 MN VALLEY TESTING LAB WATER TESTS $94.00 MOTOR VEHICLE LICENSE TABS $60.00 NATURTECH COMPOSTING CONSULTING FEES $412.50 NOTT COMPANY OUTPUT SEAL $71.34 PRECISION MEASURING SYSTEMS BEACON RCVR, THREADED $1,501.65 RADIX CORP METER READING EQUIPMENT $5,165.00 RAYFO INC. SWIVEL CASTERS $1,197.51 RESPOND SYSTEMS ASPIRIN, IB $141.77 SCHMELING OIL CO OIL, RYKON $40.51 L_J OPEN -HOLD COUNCIL REPORT 24- FEB- 1998page 4 ------- - - - --- _ WATER /SEWER FUND SERCO LABORATORIES ____ ____ __------ TESTS _ - - $291.20 - -_ ST.CLOUD TECHNICAL COLLEGE BOOKS $204.95 TWO WAY COMM INC REPAIR & MAINTENANCE SUPPLIES $42.60 US FILTER /WATERPRO . ECR REGISTER $391.68 VESSCO INC CONNECTION $149.92 WEF MEMBERSHIP RENEWAL $46.00 WELCOME NEIGHBOR JAN LISTING $60,00 WITTE SANITATION TRUCK TIME & LABOR $200.00 $24,478.02• $209,947.37* • 0 IMMEDIATE PAY COUNCIL REPORT 24- FEB- 1998page 1 -- -------- - - - - -- _ - - - - -_ __ ___ _- __-------- __- - - - - -_ 1988 IMPROV. BDS FIRSTAR BANK OF MINNESOTA INTEREST $213,700.00 < *> $213,700.00+ G _ RAL FUND DEPT NATURAL RESOURCES DNR FEES TO STATE HUTCHINSON MALL HUTCHINSON TEL CO MCLEOD COUNTY ATTORNEY STATE TREASURER US WEST COMMUN c *> COMMUNITY SERVICES DAY FEE FEB SERVICE 20V FORFEITURE MONIES 101 FORFEITURE MONIES FEB SERVICE $1,219.00 $10.00 $450.17 $896.60 $448.30 $654.70 $3,678.77* LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $559.00 CITY OF HUTCHINSON- GENERAL FUN PAYROLL 1/30/98 $14,877.63 GRIGGS COOPER & CO DEC LIQUOR - PAYING REMAINING $143.41 < *> $15,580.04* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EE CONTRIB 2/7 $575.00 GREAT WEST LIFE INS. CO. EE CONTRIB 2/7 $100.00 H.R.L.A.P.R. EE CONTRIB 2/7 $170.08 ICMA RETIREMENT TRUST EE CONTRIB 2/7 $2,411.92 PERA LIFE INS CO. EE CONTRIB 2/7 $130.50 PERA- D.C.P. EE CONTRIB 2/7 $52.02 PRUDENTIAL EE CONTRIB 2/7 $180.00 PRUDENTIAL MUTUAL FUNDS EE CONTRIB 2/7 $30.00 PUBLIC EMPLOYEES EE CONTRIB 2/7 $16,282.54 TEMPLETON INC EE CONTRIB 2/7 $480.20 WADELL & REED EE CONTRIB 2/7 $150.00 < *> $20,562.26* SCDP 97 Hsg Reh LITCHFIELD LUMBER CO. WINDOWS $8,000.00 < *> $8,000.00* WATER /SEWER FUND MPCA REG -RANDY DEVRIES $595.00 $595.00* WIRE TRANSFERS $262,116.07* WATER /SEWER WATER & SEWER USE TAX $11,029.00 LIQUOR STORE LIQUOR SALES TAX 15,690.00 H.A.T.S. FUND H.A.T.S. FUEL TAX 1,254.40 1992 REC CTR REFUNDING INTEREST PAYMENT 6,235.00 1993 WATER REV INTEREST PAYMENT 11,493.75 1992 REC CTR REFUNDING PRINCIPAL PAYMENT 25,000.00 is • Hutchinson Employee Safety Committee Meeting Minutes January 15, 1998 Members present: Floyd Groehler, Mark Weis, Dick Ebert, Mark Larson, Keith Messner, Ken Wichterman, Brenda Ewing, Connie Maki, Scott Hanson, Dave Telecky, Ken Merrill Absent: Tom Kloss The minutes from December 1997 were approved as presented. Floyd Groehler provided hand -outs regarding the responsibilities of a safety committee and ideas to make the committee a success. He suggested that the members review this information and pass it on to other employees. Brenda Ewing reported that there was only 1 accident report submitted for December, which was a non -injury incident. Dick Ebert provided a price list from Midwest Vision. After much discussion regarding the expense of eye wear, it was the opinion of the committe that they would like to see the amount of reimbursement by the city be raised for prescription glasses and other eye wear. It was decided • that more price comparisons be made before approaching the directors with this. Dick Ebert will obtain more price quotes. Goals and objectives from 1997 were reviewed and discussed and new goals made for 1998. Items discussed were as follows: Injuries and accidents: Connie Maki, Scott Hanson, and Mark Larson will review current accident reports and try to simplify and condense them into one form. It was also mentioned that not all members are familiar with all of the forms and they are not easily accessible. Connie is also going to review the reimbursement form for boots and glasses. Defensive driving: Was not done last year, but will be pursued again for 1998. Office security/safety: Was not an issue with directors, but it was suggested that employees have an identification badge. This will be a goal for 1998. Ken Wichterman and Dave Telecky will also look into the police department checking city buildings at night. The lock out/tag out program is an on -going program. Floyd suggested that each department implements this program. First aid kits: Concerns discussed were stocking procedures and inventory location. It was suggested that we invite a RESPOND representative to a meeting so they can inform us of their policies and questions could be answered. Connie Maki, Mark Weis, and Ken Wichterman will check into this matter. • We are going to view the orientation video at February's meeting and decide at that time if we want to make a new video. There may be new or changes in current policies. Other discussion: Ken Wichterman suggested that the safety seminar flyers be posted in each building in case there is interest for city employees to attend. Ken Merrill reported that the W. W.F. is contracting a consultant for "Right -To- Know" policies, and he suggested that the safety committee consider this as city wide training. Maybe invite a representative to a meeting to give us more information. He also reported that there were 26 accident/injury claims for 1997, 1 of which was a loss time injury. Next meeting will be at 10:00 am Thursday, Feb. 19 at the City Center. 11 • • Hutchinson Fire Department Regular Meeting Monday January 5, 1998 The meeting opened at 8:20 PM. The minutes from the previous months meetings were read and approved. Committees Dance - Tim Huiras is working on the date for the dance. Committee members are to meet with Tim. Uniforms - Contact Rob Carlson if you need new uniforms or coveralls. S.O.G. - A new page 14 was handed out to members on correct trucks to take on rescue calls. X -mas Party - A round of applause was given to Randy Redman for setting up the party. Radios - Duane Hoeschen stated that the DNR had donated mobile radios to some area departments so that we should now be able to communicate with them on statewide fire channel. Rescue - Jeff Nies stated that he has placed Pro-Splints in 2335 and there are now long & short boards In 2333. n U Bills eneral Account Cashwise $73.14 Triax Cablevision $3.48 Jim Brodd $92.35 Knucleheads $305.80 Gary Carlson $138.53 Wearguard $273.31 Relief Association $102.80 Our Designs Inc. $102.75 Uniforms Unlimited $34.95 Casey Stotts $512.54 Buca's $800.00 James Heim $10.00 TOTAL $2249.43 Runs 12 -1 Alarm - Multi - Family 12 -9 CO - Officer Only 12 -1 CO - Officer Only 12 -9 CO - Officer Only 12 -3 Goebel Fixture 12 -10 CO - Officer Only 12 -3 Vehicle 12 -10 Alarm - Muhl- Family - Officer Only 12 -5 Gas Leak - Officer Only 12 -10 Alarm - Muhi�Family 12 -7 Alarm - Mufti- Family 12 -12 Alarm - Institution 12 -8 Hazmat - Hutchinson Twsp. 12 -13 Residential 12-8 CO - Officer Only 12 -14 Alarm - Victorian 12 -8 Brush 12 -15 CO - Officer Only 12 -8 10-50 - Hutchinson Twsp. 12 -17 Residential - Hassan Valley • 12 -9 10-50 - Lynn Twsp. 12 -18 CO - Officer Only 12 -19 CO - Officer Only 12 -28 Residential 12 -19 Medical - Aooma Twsp. 12 -30 Medical - Hutchinson Twsp. 12 -20 Residential - Hutchinson Twsp. 12 -31 CO - Officer Only 12 -20 Alarm - Mufti-Family 12 -31 CO - Officer Only 12 -20 CO - Officer Only 12 -1 SCBA's 12 -22 Alarm - Commercial 12 -1 Drill - Meeting 12 -22 Alarm - Institution 12-8 Drill 12 -23 CO - Officer Only 12 -15 Drill 12 -24 Alarm - School 12 -22 Relief Meeting / Station Cleanup 12 -27 CO - Officer Only 12 -29 Officers Drill 12 -27 Alarm - Officer Only MMS to approve the bills and runs as read. Motion Passed Old Business Duane Hoeschen stated that the 1 61 Responder retest is scheduled for January 2e. Communication A letter from Joel Grimstad was read announcing his resignation as of January 1, 1998. MMS to accept his resignation. Motion Passed. A letter from Craig Reiner was read announcing his resignation as of January 5, 1998. MMS to accept his resignation with regrets. Motion Passed. • New Business Asst. Chief Dan Steele stated that there is a sign -up for Fire Department physicals on January 12'. Dan also stated that there are upcoming schools at Duluth, Bemidgi, Brainard, and the Slate Fire School. There will also be a 1403 Basic course and the NFPA 1001 class given by the Technical college coming up. See Dan for details. Asst. Chief Steve Schramm reminded everyone to make sure that the trucks are full of fuel. Steve slated that the drill and the grinder are missing from the mechanics room, new ones on order. Steve also asked to make sure that all outside doors are looked when leaving the station. Chief Brad Emans stated that there will be an ice rescue drill on January 20"', starting at 8:00 PM on Lake Marion. Meet at the Brownton Fire hall. Chief Brad Emans handed out the 1998 committee assignments. Meeting Adjourned at 8:55 PM. Jim Brodd Secretary • PIONEERLAND LIBRARY SYSTEM BOARD MEETING • Thursday, November 20, 1997 The Pioneerland Library System held their regular meeting on Thursday, November 20, 1997 at the Kandiyohi County Health and Human Services Building Willmar. President Orville Rudningen called the meeting to order at 7:35 p.m. With 24 members prevent, 7 excused, 9 absen and 6 vacancies (17 signatories represented). M/S Nelson/Schweiss to approve the used as printed. Passed. The minutes of July 29, 1997 had been held over for clarification. Secretary Vonderitm had rechecked her notes to clarify that there was not any motion not reported in minnes M/S Fleegel/Clouse to approve minutes of July 29, 1997 and September 18, 1997. Passed. COMMI'ITFM REPORTS Sanders gave the Financial reports for July, August, September, October 1997. There was discussion on the July statement Houlahan explained the reason for setting up the vacation/sick leave reserve. Dawson wants to use from the reserve fund to purchase furniture forth new Idaary, to be paid back later. appruved Finance Sanders reviewed the BBd et Develmment &Planning for Fundine M/S Sanders/Soeer to approve the Financial report as printed Passed. Berg-Perry gave the Automation Committee report She explained the status of the different grants and contracts to be approved GRC is vendor of Pioneerland's CD-ROM catalog This will be the final contract with GRC. M/S Berg- Perry/Sanders we approve this GRC contract Passed. MnSCU/PaLs will be the vendor for the creation of Pioneerland's 320,000 bmcodes and barcode labels. Producer of 90,000 electronic patron records and the manager of pioneeriand's database M!5 Berg- Perry/Kotelnicki we approve this Memorandum of Understanding. Approved. • The following were appointed to the TAG BOARD — Bob Fleegd, Ramona Berg-Perry, LeRoy Sanders, Mark Dahl, John Houlahan. Mary Henke. Pioneerland has received a TAG Closter Gram of $34,252 for telecommtmication and internet services. MIS Nelson/Clouse we approve these TAG BOARD committee appointm>tents. Paned. The Pioneerland Library System Technology plan was reviewed M/S Berg- Perry/Koteinkki we approve the FIST Plan as printed. Passed M/S Sanders/Nelson to approve the G77E Grants for Atwater, Cosmos, Hector, Lake Lillian, and Raymond Passed. Berg-Perry capered about our proposal to apply for the Library Site Technology Gran r The revised internet policy, procedures, guidelines will be brought before the Board when completed. Berg -Pen gave the Collection Development Task Force retort Pioneerltnd has received $17,000 for the Lbrary Outreach C*a++r They are working on a policy of what we are doing with these funds to buy material and fund a study of youths 12 -18 years old to see fv Web fits their needs. Koteinicld reported on the Foundation Develooment Committee They are working on developing ants Of cooperation in providing services to roam groups in the community not being served by public library. Looking at setting up a foundation as a source of revenue through gifts and grants Vonderharr gave the Personnel Committee retort Presented the final draft of the Administration employee contracts. M/S Vonderharr/Sneer we approve these four contracts. Darlene Kotelnicld NO, Passed. The revised expanded iob description for automation consultant/administrative accountant was introduced M/S Madsen/Schweiss we table this. Board wants edumnon part to be reviewed Passed PLS has 24 people enrolled in the Minnesota Voluntary certification for Public Library Staff M/S Vonderharr/Berg -Perry that PLS employees be eligible for an interval increase on the salary 40 schedule beginning the year following completion of the program. Passed. MIS Vouderharr/Kotelnicld PIS win pay the entoament fee, completion fee, and registration and mileage costs for those attending future certification workshops. This will be paid out of the federal and state monies, not the general fond. Pined. M/S Vouderharr/Madseo we apprmt the miewil of the Flexible Benefit Plan for 19M Passed. The committee wishes to meet with the librarian's advisory committee and work on the 3-year step salary schedule for librarians which was in place but not indoded by the committee when setting up the 1997-98 salary schedule. The committee was pleased to welcome Herb Rotunda of Appleton as a new committee member. OLD BUSINESS M/S FleegeL/Nelson to approve the Bviawl a�.Ma.. Passed. NEW BUSINESS President Rudningen appointed the following Nomintiona Committee to present a slate of officers at the January 15, 1998 mating Board Chair, Gary Johnson, Al Clouse, Herb Rotunda, Nancy Grassing. No one would accept an appointment to the SAMMM Governing Board and it was tabled. The Report of Director and Assistant Director was acted as printed. Tore floor was then open for discussion on issues identified in October 20, 1997 letter from Orville Rudningen and letters from Chippewa and Mcleod counties pertaining to size and make up of the governing board, accountability to taxpayers and improvement in communications. Chairman Rudningen explained that this Board cannot change the size of the Board Only the 16 signatories to the board can change the size of the Board These ate the 9 counties phis 17 cities of Appleton, Benson, Bird Island, Dawson, Fairfax, Glencoe, Graceville, Granite Falls, Hector, Hutchinson, Kerkhoven. Litchfield, Madison, Olivia, Ortomille, Renville, Willmar. All roust sin the agreement to • hC SnPe. We are operating on the 1993 contras. The letters recommend that board members be elected officials to be accountable to taxpayers. It was agreed that communications have improved, Board members must be responsible in informing their county, city, and library board of PLS issues. ANNOUNCEMENTS January 15, 1998, 7:30 p.m., PLS Board meeting, Lakeland Health Center, Willmar January 20, 1998, 6:30 p.m, Collection Development Task Force, Kandiyohi County Health & Human Services Building, Willmar PLS Board Members terms expiring December 31, 1997, eligible for reappointment — Mark Dahl Stacey Schuette, Betsy Holm quist, Herb Rotunda Bob Fleegel, Art Abel, Sue Munz, Darlene Kotelnicld, Ramona Berg -Per. President Rudmngen announced that he would not be seeking reelection as Presider for 1998. He thanked the members for all their hard work and dedication to the programs and promotion of services of PLS. He appreciated their support the past 2 years and is looking forward to the continued growth of PLS. M/S Nelson/Sneer we adjourn. Passed. Meeting adjourned at 9:30. Ivey Vonderharr Secretary • 0 CITY OF HUTCHINSON LIQUOR STORE COMPARISON JANUARY JANUARY 1997 LIQUOR BEER WINE MISC. TOTAL TOTAL BY WEEK 1 HOLIDAY 1 HOLIDAY 0 2 INVENTORY 2 2,796 3,597 0 269 3 3,017 4,112 714 244 8,086 374 4 2,504 4,027 759 281 7,570 17,218 5 CLOSED FOR INVENTO 15,656 6 1,514 1,754 339 194 3,801 134 7 1,560 1,654 296 110 3,619 112 8 1,682 2,512 363 172 4,729 226 9 2,273 2,793 434 220 5,720 437 10 2,856 5,014 976 277 9,123 416 11 3,165 5,091 1,000 343 9,599 34,413 12 1,483 2,017 634 36,591 13 1,616 1,651 455 217 3,939 310 14 1,311 1,808 465 122 3,708 220 15 1,847 2,624 590 186 5,246 279 18 1,591 2,206 520 208 4,525 278 17 3,021 4,163 989 351 8,524 391 18 3,952 5,184 1,302 403 10,842 41,133 19 1,559 2,097 484 36,782 20 1,398 1,908 522 190 4,018 191 21 1,412 1,767 506 159 3,845 145 22 1,536 2,312 467 159 4,475 217 23 2,106 3,013 1,005 190 6,314 418 24 3,126 5,384 1,139 280 9,929 638 25 5,011 8,307 1,529 429 15,276 47,100 26 1.652 1,767 677 43,857 27 1,183 1,441 340 143 3,107 170 28 1,216 1,749 368 218 3,551 194 29 1,833 2,091 991 152 5,067 199 30 2,003 2,936 505 170 5,614 381 31 3,131 4,969 778 306 9,184 253 9,064 26,523 TOTAL 55,865 80,470 17,351 5,724 21,029 159,410 96 TOTALS 50,942 74,754 15,460 5,299 17,351 146,455 % OF SALE 35 50 11 4 12 100 SALES INC OR DEC SALES INC 12,955 9 % 0 0 CITY OF HUTCHINSON LIQUOR STORE COMPARISON JAN 1998 LIQUOR BEER WINE MISC. TOTAL TOTAL BY WEEK 1 HOLIDAY 0 2 2,796 3,597 1,141 269 7,803 3 3,134 4,987 920 374 9,415 17,218 5 CLOSED FOR INVENTO RY 0 6 1,647 2,253 548 134 4,582 7 1,414 1,814 516 112 3,856 8 1,896 2,746 591 226 5,459 9 3,698 4,617 939 437 9,691 10 3,724 5,233 1,452 416 10,825 34,413 12 1,483 2,017 634 118 4,252 13 1,561 1,994 641 310 4,506 14 1,542 2,431 565 220 4,758 15 2,472 2,973 935 279 6,659 16 3,713 4,846 1,247 278 10,084 17 3,716 5,590 1,177 391 10,874 41,133 19 1,559 2,097 484 180 4,320 20 1,656 2,052 391 191 4,290 21 1,665 2,138 536 145 4,484 22 1,721 2,969 522 217 5,429 23 4,104 6,344 1,132 418 11,998 24 4,871 9,085 1,985 638 16,579 47,100 26 1.652 1,767 677 774 4,870 27 1,676 1,974 333 170 4,153 28 1,466 2,155 744 194 4,559 29 1,634 2,771 726 199 5,330 30 3,256 5,554 1,191 381 10,362 31 2,819 4,990 1,002 253 9,064 38,338 60,875 88,994 21,029 7,304 178,202 97 TOTALS 55,865 80,470 17,351 5,724 159,410 % OF SALE 34 50 12 4 100 SALES INC OR DEC 18,792 12 % • IIJUM138 2.08 PM Feral (A) (B) (A) �B) DECEMBER NOVEMBER DECEMBER Change 1997 1997 1996 CY vs PY $471,111 $379,631 $596,727 ($125,616) 1,422463 1.400,898 1424,430 (1967) 732,551 951,928 91141,981 (172,430) 477,713 533,929 416,540 61,173 917,234 893,363 843,014 74,220 203,786 231,194 325.430 HUTCHINSON AREA HEALTH CARE 354,559 618,471 (250,951) 77,988 Comparative Balarce Sheet 27,988 18,150 34,722 51,230 (33,080) As of December 31, 1997 5,309 11,812 (A) (B) (A) JB) DECEMBER NOVEMBER DECEMBER Change 1997 1997 1996 CY vs PY AS SETS LIA@WL S AND FIND BALANCES 1 Current AsaeI= Cash and investments - Operations $1,202,752 $1,319,957 $3,494,903 (2,292,151) Current Liabilities Current maturities of 2 Cash and investments - Self Insured 816,595 854,167 1,189 473 (372,878) Long term debt 3 Subtotal cash B Investments $2,019,347 $2,174,124 $4.664,376 (2,665 029) Accounts payable - Bade Estimated confiac ual 4 PntientlResvdenl receivables 8,173,564 8,918,771 5,689,991 2483,593 settlements net 5 Mloviances for bad debts (1,682,884) (1,903,120) (884,101) (798.763) Accrued expenses - 6 Advances and contractual allowances (2,428,886) (2.622.091) (1,177,976) (1,250,910) Salaries 7 Net patient/resident and third party PTO 8 payon receivables $4,061,814 $4,393,560 $3,627,914 $433.900 Interest 9 Sell - Insured programs 10 Other receivables - nel 61.259 30 960 31,405 29.854 MN Care tax payable 11 Inventories 465,628 453,117 426,314 59.314 Deferred liabilities 12 Prepaid! expenses 164,667 135.222 48,776 115,891 Deferred revenue 13 Total Current Assets $6,792,715 $7,187,011 $8,818,784 ($2,026.069) Total Current Liabilities 14 Board Desiaratad /Funded Depreciation Investments $6,319,874 $6279,917 $5.835.494 $484,380 15 Inver meat in Joint Ve OlufES $69,273 $133,984 $108,984 ($39.711) 16 Plant Assets Land $165.696 $165696 $165,696 ($0) 17 Buildings 18,396,493 18,201,668 17,932,339 464,154 18 Accumulated depreciation (6,971,995) (6,914,247) (6,284,087) (667,908) Lonp_lerm Dcbl (less current 19 Buildings Less deprecation $11424498 $11,287421 $11,648,252 ($223754) maluritiesl 20 Equipment 10.863,228 10063,604 9,158.811 1,704,417 21 Accumulated depreciation (7,191,888) (7,110,051) (6,447,477) (744,411) 22 Equipment less depreciation $3,671,340 $2,953,553 $2,711,334 $960.006 23 Cashc truction 8 equipment 0 0 0 0 24 Construpldn in progress 251,002 965,832 48,576 202,426 25 Total Plant Assets $15,512,536 $15,372503 $14,573,859 $938,677 Fund balance 26 Ditkl Assets Deferred financing costs $159,771 $225235 $250.722 ($90,951) 27 Total Fads $28,854,169 $29.198.650 $29,587,842 ($ Total Funds • IIJUM138 2.08 PM Feral (A) (B) (A) �B) DECEMBER NOVEMBER DECEMBER Change 1997 1997 1996 CY vs PY $471,111 $379,631 $596,727 ($125,616) 1,422463 1.400,898 1424,430 (1967) 732,551 951,928 91141,981 (172,430) 477,713 533,929 416,540 61,173 917,234 893,363 843,014 74,220 203,786 231,194 325.430 (121,644) 367,520 354,559 618,471 (250,951) 77,988 68,940 50,000 27,988 18,150 34,722 51,230 (33,080) 613 5,309 11,812 (11,199) $4,689,129 $4,854,473 $5,242,635 ($553,506) $11.371,566 $11,735975 $12,638,675 ($1,267,109) $12,793.474 $12,608.202 $11,706.532 $1,086,942 $28,854,169 $29.198,650 $ 29,587.842 ( Hnslmn( As Pam Larson 1130t98 10 PM HUTCHINSON AREJOLTH CARE � Final Statement of Revenues and Expenses Month and Period Ended December 31, 1997 Revenue 1 In patent revenue CURRENT MONTH YEAR -TO -DATE Ancillary services Total in pautnit revenue Out patient revenue Resident Revenue Total palienpresidenl revenue Discount Goverrlrnenlal 8 Policy Discount Free Care Total deduction from revenue Nei patienldresident revenue Other operating revenues Net operating revenue 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Expenses Salaries Employee Benefits Professional Fees Medical Fees UbBbes, Mince Contrads & Repairs Food, Drugs 8 Supplies Other expense Minnesota Care Bad debt Interest Depreciation Total expenses Excess of net operating revenue over (under) operating expenses Nonoceraliru Revenues Investment income Other norloperafing revenue (nel) Total nonopenaling revenue Prior Period Adjustments Net Income 25 26 27 28 9a 9b YEAR -TO -DATE Over (Under) Budget Actual Budget Over(Under)Budget Percent Actual Budget Dollars Percent $6,651,011 $6693,587 (542,577) -0.6% 10,310.636 10,567,400 (256,765) -2.4% $16,961,646 $17,260,988 ($299,341) -13% 20,481,822 19,794,962 686,860 3.5% 4,530,496 4,665,270 (134,774) -2.9% $41,973964 $41,721,220 $252,744 06 YEAR -TO -DATE Ancillary services Total in pautnit revenue Out patient revenue Resident Revenue Total palienpresidenl revenue Discount Goverrlrnenlal 8 Policy Discount Free Care Total deduction from revenue Nei patienldresident revenue Other operating revenues Net operating revenue 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Expenses Salaries Employee Benefits Professional Fees Medical Fees UbBbes, Mince Contrads & Repairs Food, Drugs 8 Supplies Other expense Minnesota Care Bad debt Interest Depreciation Total expenses Excess of net operating revenue over (under) operating expenses Nonoceraliru Revenues Investment income Other norloperafing revenue (nel) Total nonopenaling revenue Prior Period Adjustments Net Income 25 26 27 28 9a 9b 1,015,692 VARIANCE % Over (Under) Budget Actual Budget Dollars Percent $575614 $516.957 $58,657 113% 900,320 852,146 48,173 5.7% $1,475,934 $1,369,104 $106,830 7.8% 1,774,225 1,630,123 144,102 88% 380,998 397,014 (16,016) 40% $3631,157 $3,396.241 $234916 6.9% 1,015,692 VARIANCE % Dec 96 1997 vs 1996 $5,876,288 137% 8,813,485 17 0% $14,689,773 15 5% 17,574,465 165% 4,546.216 03% $36,810.454 140% 1,015,692 1.164,582 (148,690) -12.8% 14,327,773 14,382,735 (54,962) 04% 11,128,441 28.7% 1 8,333 (6,994) 413.9% 11,349 100000 (88,651) - 88.7% 38.578 -706% $1,017,231 $1,172,915 ($155684) -13.3% $14,339,121 $14,482735 ($143.614) -89.0% $11,167,019 28.4% $2613,926 $2,223,326 $390.600 17.6% $27,634,843 $27.238485 $396,358 1.5% $25,643,435 7.8% 14,956 13,992 964 6.9% 151.206 167,900 (16,694) -9.9% 147.860 2.3% $2,628,882 $2.237,317 $391,565 175% $27,786,049 $27406,385 $379,664 1.4% $25,791,295 7 -7% $1,137,756 $1,011.356 $126,400 125% 202,052 207,231 (5,179) -2.5% 197,181 107,459 89,722 83-5% 191,972 145,491 46.481 31.9% 148,559 120,457 28,102 23.3% 278,446 294,281 (15,835) -5.4% 108,256 87.688 18,568 21.2% 2B,923 23,087 5,836 25.3% 36,484 34,610 1,874 54% 56,529 59,833 (3,304) -5.5% 129,257 126.480 2,777 27% $2,513,415 $2,217,973 $295.442 13 3 $12.705027 $12,410,036 $294991 24% 2.592,323 2,577,098 15.225 06% 1465,108 1,370,420 94.680 6.9% 1,720,883 1,712415 8,467 0.5% 1,386,233 1.411,454 (45,221) -3.2 3,748,341 3.640499 107,842 - 10% 929,607 1,021,499 (91,892) -9.0% 257,203 277,000 (19,797) -7.1% 402,959 426,015 (23,056) -5.4°% 716,248 735,412 (19,164) -26% 1361,993 1419.000 (57,007) 4.0% 527,265.925 $27,000,855 5265070 10% $11.549,588 100% 2.310,336 12.7/ 1,306,168 12.7% 1454,363 183% 1,203.911 115% 3,430.237 9.3% 850,856 9.3% 198,598 29.5% 373,252 8.0% 765,268 -64% 1,302,035 4.6% $24,744,612 10.2% $115,467 $19,344 $96,123 496.9% $520,124 $405,529 $114,595 28.3% $1.046,683 -50.3% $81,602 $37,463 $44,139 1178% $599.545 $449557 $149,988 33.4% 5459,684 30.4% (16459) (3,499) (14960) 4275% (46,749) (42.557) (4.192) 9.9% (94,014) -50.3% $63,143 $33,964 $29,179 85.9% $552,796 $407,000 $145,796 358% $365.670 51.2% 0 0 0 0.0% 0 0 0 00% 717,566 - 100.0% $178,610 $53,308 $125,302 2 $1,072,920 $812.529 $260,390 320% $2.129, -496% 30 Patient days 855 653 202 309% 9,478 8.648 830 96% 9,086 4.3 31 Resident days 3.514 3,779 (265) -7.0% 43,005 44,500 (1,495) -3.4% 44,667 -3.7% 32 Out patient services 4,162 3,918 244 62% 49.432 47,311 2,121 4.5% 44,160 11.9% 33 Percent occupancy - budget beds - Hospital 46.0% 351% 10.9% 311% 43.3% 395% 3.8% 9.67 41.4% 4,6 % 34 Percent occupancy budget beds - Nursing Home 89,3% 960% -6 7% 70% 92.8% 95.7% -3.0% -3.1 % 96.1% -3.5% 35 FT E's 396.7 379.4 17.3 46% 390 3 3794 10.9 29% 369 -6 5.6% 36 Admissions(adjusted) - Hospital only 526 414 112 270% 5,497 5,126 371 72% 5,236 5.0% 37 Expenses (net) per admission (ad)ns(ed)- Hospital only 3,902 3,279 623 19.0% 3,980 4,090 (110) -2.7% 3,677 8.2% 38 Revenue per admission (adjusted) - Hospital only 6,049 7.094 (1,045) -14.7% 6,670 7,083 (413) -5.8% 6,028 10.7% 39 Net Revenue per a dmission( adjusted)- Hospital only 4,190 4.321 (131) -3.0% 4,117 4,315 (198) 4.6% 3,943 4.4% 40 Discounts as a percent of revenues 28.0% 34.5% -65% - 18.9% 342% 34.7% -0.6% -1.6% 30 -3% 12.6% 41 FTE's Per 100 admissions (adjusted) - Hospital only 4.4 5.2 -0.8 -15.4% 4.9 4,7 0.2 3.5% 4.8 2.2% 42 Days 0 Net Accounts Receivable 49.0 55.0 46.0 -10.9% 47.7 2.7% 43 Case Mix - Horne only 2.36 2.40 -0.04 -11% 2.43 240 0.03 1.3% 2,41 0,8% Finslmnl AS Pam Larson 1/29/98 4:11 PM • Hutchinson Area Health Care Statement of Cash Flows For the Twelve Months Ended Dece 31, 1997 Cash Flows From Operating Activities Operating income (loss) 520,124 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation 1,361.993 Interest Expense 681,510 Amortization of deferred financing costs 34,738 Change in assets and liabilities: Decrease (increase) in: Patient and other receivables (478,674) Inventories and prepaid expenses (175,205) Increase(decrease)in: Accounts payable (1,967) Due from /to third parties (172,340) Accrued expenses (94,880) Net cash provided by operating activities 1,675,299 Cash Flow From Investing Activities Interest income received 614,611 Rental Properties 374,901 Investment in joint ventures (13,481) Net cash provided by investing activities 976,031 Cash Flows From Capital and Related Financing Activities Principal payments on long -term debt (1,447,474) Interest paid on long -term debt (973,918) Purchases of property and equipment (2,424,604) Donated capital used for purchase of property & equipment 14,018 Net cash used in capital and related financing activities (4,831,979) Net increase (decrease) in cash and cash equivalents (2,180,649) Cash and Cash Equivalents 10,519,870 Beginning Ending 8,339,221 $$flows.xis Pam Larson • Hutchinson Flood Recovery Grant Funding Status Report February 20,1998 4 6 FOR YOUR INFORMATION To date the City of Hutchinson has received grant agreements for $1,210,000 for the acquisition and clearance of 15 residential and 3 commercial Properties located within the 100 year flood plain. The Department of Trade and Economic Development (DIED) and the Department of Natural Resources (DNR) are each Providing $605,000 to support the flood mitigation project. There are two gram amendments in process for fromth th foranan�additional $329,235 has than expected acquisition costs. A grant agreement been recently sent to the City for signature. A ve commitment has been received from DTED rbal to contribute approximately $380,000. The budget breakdown is as follows: 91mmit S and $784,000 $ 16,000 $392,000 $ 8,000 $ 10,000 Total Committed: $1,210,000 Proiect Actiyiti� Residential Acquisition Residential Administration Commercial Acquisition Commercial Administration General Administration (City) ($605,000 DNR and $605,000 DIED) F Activiti Pendin¢: uuds $329,235 (DNR) Increased Acquisition Costs $380,235 (DIED) increased Acquisition Costs (which includes $51,000 for Residential Relocation) Total Pending 5709,470 Expected Total $1,919,470 • ResidwMal She Acqutel6on Report Nutchlneon Flood Reoun my Property Address OvRwgs) Nam COTWIsted Written Offer fate Contract Accepted Cgrxrlents Notified of Nllefest Apprelsel Complete Pre -06er kltendew Forms Packap Dale Amount 215 Huron Street NmOw Bassett x x 10-Feb Yes 1PFeb AM S 276,000 Not Y to sea 128 Ede Street James Bbmmw x x Not wigy to sea 121 First Avenue Hwwy&runw x x 20,W Yes 315,000 Ver0a1- 116 H1on Sheet Richard Carkm x x 15 -Feb S 67,508 Verbal - 115 Erie Street Tors 6 Tend OoldschrtYdt x x 274al1 unsure 338 Ontario BtrM Swot Henson x x 20 Jan yes I 18-Feb S 67 000 Valbat - 630 Secard Av Brad Wholorle gabunde x x 2"n 19Feb S 50,500 Verbal - 516 Second Street Dwekre Lutdw x x 20-Jon unsure 136 Onleno Street Zapp Sank do D" uofexo Trusts& for Dorothy Schram x x plane yes Venbtl - Pre 103 Ene Sbaet Pulersbek/Edckson x x Not Hkaty to sea 126 Huron Street ROW*" Quest x x I I unsure 6807 Third Ave. IKun i PmM RhcMYMr x x 27-Jan 19-Feb $ 57,600 Verbal - 1189126OndanoSir. ISandstederifitlev, x x 29Jen yes 10-Feb f 66660 Verbal - 615 Third Avarxla I Graft 8hoen x x 304M 15-Feb f 30 000 Wrtsal - IM196 Third Ave. NE Nam 6 Lorrai verbal r ed r addedhrnern Commercial Site Acquisition Report Prop" Addres6 OMMIS) Name 1 1"On OIfor Date Caltract Commends NWSW of Interest Appraisal Comome Pre -Oft Interview Foam PaCkep Dais Afnart F Sales Jim F x x 10-Feb Yes 1PFeb AM S 276,000 Verbal - Yes Chamber of Com. x x Not likely to sW Simonson Lumber SBnoman x x 19-Feb 315,000 urquns Hutchinson Flood Grant Schedule Task Owners notified of Program/Request Letter of Interest Grant Appiadton Wrttten/Submitted Property Appraisals (revised) Grant s Public Hearing Envirormerttal/Historical Review Flood Plain Review Flood Plain Notloe #1 Published Flood Plain Noti a #2 published FONSI/RROF PublishedfReview period Request for Release of Funds (RROF) Write & Submit Fair Housing Plan & FHEO Sheet to DTED Develop Displecenwnt MinimimtiorVRelocation Plan Council Adopts PI&V Publish Plan Submit Plan, Resolution, and Affidvt of Public. to DTED Develop Acquisition Procedures Camel Adopts Acquisition Procedures Submit A 111 Procedures to DTED Revise Acqudsmom Procedures per DTED Council adopts revised Acquiart7on Procedures Letters of Gram AwardVre.Offer Interview sent out Property list sent to FEMA fcc Dupliaof Benefits verification Duplication of Benefits form sent to Owners/ Certifs. Rcvd. Pre-Offer Interviews Develop Just Compensation Offers Present Just Compensation Offers �obat Relocation Counseling Accept Offers/Close on Properties Transfer of Properties/payment/Mav ng Record ProPerties/Restrlcttve Covenants Public Hearing #2 (must be before grant dosed) Develop Demolition Speclficabons Site ContMVPropertles vacated Davis Bacon Wage Determination Requests Develop Bid Packages Bid Solicitation Contract Awarded Preeormtructton Meetmg Notice to Proceed Demolition Final Inspeotians Gram Close -out Start Date End Date %Canplate Sep-97 Oct -97 100% beg-Oct-97 end Oct97 100% Oct. 97 midJan98 95% mid -Nov97 midDee97 100% Nov.9,97 Nov .9,97 700% bsg.Nov97 end Deo97 100% m1d -Nov97 end Dec97 100% Nov. 11, 97 100% Dec. 2, 97 100% Der-18, 97 Jan.2, 98 100% Jan. 5, 98 100% beg.Nov97 mdd NOW 10D% bag:Nov97 mid.Nov97 100% Nov. 25, 97 beg. Dec97 100% mid -Dec97 100% beg.Nov97 mid.Nov97 100% Nov. 25, 97 100% Beg. Deo97 100% endOee97 100% Jan13,98 100% Dec. 30,97 100% mid -Nov97 end -Nov97 100% midJan98 bagFeb98 10D% end -Jan 98 endFeb98 75% and -Jan 98 endFeb98 50% mid -Feb98 Mar -98 400,E and Fab98 Apr-S8 endFeb98 Jun -98 mkIMer98 Jun-98 Apr-98 Jun -98 Apr-98 May%? Jun-98 May Jun-98 May-98 Jul-98 Jur-98 Jun -98 Jun-98 Jun-98 Jul-98 Jul -98 endJuly98 Aug-98 Aug-98 Aug-98 SOP-98 SOP-98 Oct Dec-98 11 0 • Local sales tax bills progress Gary Carlson In what might otherwise appear as a city effort to recreate the defunct local government trust fund, an unprec- edented number of cities are seeking legislative authority to enact local sales taxes. This year, as many as I1 cities have introduced legislation seeking local sales tax authority. Bills have been introduced by the cities of Fergus Falls, Rochester, Winona, Bemidji Hutchinson, Owatonna, Detroit Lakes and a joint effort by the cities of St. Cloud, Sauk Rapids, Sartell, Waite Park, and St. Joseph. Last session, the city of Willmar successfully lobbied for local sales tax authority. With the Willmar legislation, seven Minnesota cities now have legislative authority to impose local sales taxes, along with Cook County. All of the bills introduced this year would use the revenues generated by the sales tax to friance various public improvements that would have regional benefit or significance. In addition, the legislative authority in all cases requires local voter approval before the sales tax could be imple- C& la Us&?roiect Termination Owatonna up to 1 h cent Economic Development 2000 Determined by council Detroit lakes up to 1 h cent Community Center None specified - Bemidji up to 1 cent Regional Convention Center Determined by council Wmona up to 'A ant Dredging Lake Winton Determined by council Rochester up to 1 cent Higher ed facilities, Permanent infrastructure Fergus Falls up to 1 h cent Regional conference center Generally 15 years St. Cloud Sauk Rapids Sartell Waite Park Central Minnesota Events Center St. Joseph up to l cent and other projects Determined by councils -build passes another hurdle LJ :."MI A League- sponso 11 authorizing municipalities to use the ign -build procedure as a less pens exive - tive to the standard bid procedure passed the House Local Govemment & Metropolitan Affairs Committee on 7besday, Feb. 17, 1998. The bill, H.F. 2595, is authored by Rep. Loren Jennings (DFL- Hams). Lindstrom City Administrator Mark Kamowski testi- fied in support of the bill. Jennings offered an author's Z amendment incorporating provisiwfs that addressed concerns raised by the architects, engineers, and general con- tractors. Most notably, the amendmen included a $2 million threshold f i I i I, projects, specified m notice Of for propos ould be ad- vert:L> sa manner as under the rocedtue, and re- qui n a board ap po by the govemin d of the to review and rt ake rec- ommendations on contractor selec'ttgr with the final selection to be made by the governing body. FOR YOUR lft ftTlo,V mented. The Senate Subcommittee on Income and Sales Tax will hear several of these bills on Wednesday evening. If these bills are to progress, they will likely be folded into the House and Senate omnibus tax bills. r RWsteve Dehler (R -St. Joseph) aw`successfully amended the bill to specify that the citizen board had to be separate from any planning commis- sion. With these changes, the bill had no opposition. The amended version of H.F. 2595, which is now traveling as S.F. 2119 in the House, was referred to the House Floor. The companion bill passed off the Senate Floor last Monday. r Page 6 FEBRUARY 18, 1998 LMC Cities Bulletin IFI �J More cities seek local sales taxes Officials in 10 cities want permission to enact l -cent or half -cent levies, bucking the trend toward cutting or freezing taxes. By Dane Smith Star Tribune Staff Writer State government may give a lot back in tax cuts this year, but a growing number of city halls across Minnesota are asking to take a little more away. As the Legislature and Gov. Arne Carlson work on proposals to cut income and property taxes, at least 10 cities are seeking "local- option" sales tax increases of a half -penny or penny on every dollar at the cash register. That would be added to the state's 6.5 percent • general sales tar, one of the highest in the nation. If all of the local options are approved by the Legislature, and then by local voters, the number o f cities with sales taxes would double. It's the biggest batch of such requests ever. legislators say. The local sales tax has been a fixture in Min- neapolis, St. Paul and Duluth, with most of the revenue earmarked for convention centers. Most of the new proposals are coming from smaller cities that serve as regional centers. Turn to TAXES on B7 for. — The debate prompts some tension between the Twin Cities and the rest of the state, but it also has produced some stress between regional outstare centers and their rural neighbors. 8661 - OZ UIVfl8933'AVa111d • IUMS from B1 More cities seep OK to enact local - option sales tax increases Detroit Lakes and Hutchinson want community centers, with facilities for seniors and young people. St. Cloud and Bemidji want full-fledged convention cen- ters. And Rochester seeks to dou- ble its half -cent tax for a batch of civic improvements, ranging from enhancing its higher education complex, to airport expansion, to sewer improvements. FWMIty of a new tales Sales tax advocates say it gives cities, squeezed between citizen resistance to property taxes and dwindling federal and state aid, more flexibility in balancing their budgets while moving ahead with job - creating amenities. And since residents must vote to approve the higher tax, propo- nents argue that the principle of `accountability" is served. "We support diversification of local revenue sources, and it takes pressure off the property taxes," said Gary Carlson, a lobbyist for the League of Minnesota Cities. 'Voters still have to approve them," he said, noting that "the sales taxis paid in small incre- ments and it's something that the consumer feels he or she can avoid by not buying things." (Sales of autos are exempt from all of the existing local sales taxes and most of the proposed ones.) But opponents say it is a new threat to the taxpayer, probably leading to blanket authority for cities and counties to levy sales taxes. At a time of record state government budget surpluses, it's exactly the wrong thing to do, they contend. "It is not surprising that cities want to go outside their local property tax base in order to ob- tain funds for projects they want, but [that] citizens won't fund with property taxes," wrote Judy Cook, president of the Minnesota Retail Merchants Association, in a letter to legislators this week "We are concerned that Min- nesota is coming perilously close to the statewide local options sales tax," she added, arguing that such a course would increase the "overall price of government." And although business groups as a whole typically oppose new taxes, individual business owners in the affected cities often are among those pushing for the new taxes. Concerns also have been raised by social - justice groups, who argue that the sales tax is regressive, more burdensome on low - income groups than the af- fluent The debate has some of the classic tension between the Twin Cities and the rest of the state, but also between regional outstate centers and their rural neighbors. It has provoked sharp conflict, for instance, between two sena- tors in southeastern Minnesota, Sheila Kiscaden of Rochester and Kenric 8cheevel of Preston. Scheevel objects to his con- stituents, who do much of their shopping in Rochester, paying taxes that mostly benefit people within the city limits. Kiscaden argues, as Twin Cit- ies legislators have on similar bat- tles, that the entire region will benefit from improvements to Its hub city. A crucial factor in the coming debates is the exact purpose for each sales tax and its life expec- tancy. In the past, the local option has been sold as temporary, but city officials find other reasons to continue It when it expires. A rule of thumb is that such taxes should serve broad regional interest Some of the proposals on tap, such as Rochester's, Include expanding sewer service to homes on septic systems. Is that a narrow local benefit, or is ground -water protection a broader public good? Another factor is the crazy. quilt pattern that may develop from the local options. Even advocates of the local sales option, including the Carl- son of the League of Cities, say the trend could create disparities between cities that have enough retail trade to benefit from a local sales tax and those that don't. Cities without the capacity to support a tax would make ex- pensive demands for "equaliza- tion" revenues from the state, they say. Local- option bills have ad- vanced in at least one committee in both houses, but legislators appear to be increasingly con- cerned about the long -term im- Local 9" tax brows in popularity LocaFoptlpn s lobes chow n place in seven citles and ona attmty, would be a ftlutwd in 10 trace dtles ruder bis Patting n the a KA 00 &Jstft %dhmster tax world be raised Most of the re tasted Yhaeases are for spedfic Pro)ects. such as oanertion centers or =mu* carbra The stM sales tax is 65 percerhL St Josepk dd CbL WelePad N Pmvlm* approt0d arr/oourrr naeWraoM httxrwE rno�r Cook Carty 1993 1% North Shore Hosptlal Dtltth 1973 1% General pupose Herrrmnto m 1996 1% Sewer and Heuer systems; poke and fire station Markno 1991 05% R vwtont 2000 project h9meapofs 1986 05% Canventbn O WN Rbdhesta 1983, M2 1%05% mw rew captal Yrprvremerts St Par 1993 05% civic Cater Willer 1997 ary/taunrr ax arse Ber" 1% 05% Rblc fbrery • PROWT Canertion carter Fergus Fals 05% Idegbrel oorwallim certa, omwa ty center HuWwrson 05% a& std corrr %F* cats Ovatorm 05% 0rsfarna F_oornrric 0ehdopntart 2000 Poled Rodhestm 1% K" ed xatlon, a'rp rt hvmverrterts, VD-rd water dearW St Cloud area 1% C coral Whmota events carom Wnona 05% Sa.ce secrete UK CmrraEae Del" LakeWirm Sla Bbrre hydptt b� Gerrtnl Cega� I plications. "We will scrutinize them," said Rep. Dee Long, DFL- Minneapolis, chairwoman of the House Tax Committee. Local options for things such as soccer fields may not pass muster, she said, while the traditional purpose of con- vention centers and tourism may fare better. Sen. Steve Murphy, chairman of the subcommittee on Sales and Income Taxes, said he is consid- ering a bill that would impose a "sunset" on any such taxes and would impose uniform standards on what the tax money could be used for. About 850,000 people, or about a sixth of the state's popu- lation, live in cities with local sales taxes already. If all the new taxes are author- ized and passed by voters„ an additional 150,000 Minnesotans would be living in cities with local sales taxes. The new taxes do not come close to neutralizing the P JWed tax reductions for the n gEpmr years, as a result of the te's projected $1.3 billion surplus. The net increase from the pro- posed local options would amount to less than $20 million, legislative tax analysts say. Proposals for tax reductions range from about $250 million to $1 billion. -- r l 0 City of Hutchinson, Minnesota Engineering/PubGc Works Group AIRPORT 0 1997 Annual Report To: Airport Commission From: John Olson, Asst. Public Works Director Subject: Airport Annual Report - 1997 Personnel involved with the Airport: The City Council maintains control over operations at the airport by enforcing regulations promulgated by the Minnesota Department of Transportation (Mn/DOT), City Ordinances, and policies. The Mayor appoints members to the Airport Commission. Commission members provide recommendations to the City Council regarding airport issues. The Commission is made up of one Chair and four members. The Airport Commission typically meets at 5:30 p.m. on the last Monday of each month (except December) at the Airport Lobby. Those serving on the 1997 Airport Commission were: Mayor Marlin Torgerson, Council representative Dave Skaar, Chair (01/97 - 09/97) Jim Faber, Chair (10/97 - 12/97) Joe Dooley, Commissioner Robert Hantge, Commissioner Dennis Kahl, Commissioner AI Koenig, Commissioner Ex officio members: Bernie Knutson, HCDC Dave Skaar, HCDC (10/97- 12/97) The Airport is part of the Engineering/Public Works Group. The Director of Engineering/Public Works in 1997 was John Rodeberg. The Director of Engineering/Public Works is particularly involved in improvement projects related to the airport, and maintains the City's relationship with regulatory agencies. The Asst. Public Works Director is charged with overseeing day - to-day maintenance operations at the airport. Maintenance functions include pavement, lighting, buildings and grounds, electrical, plumbing, and coordinating maintenance on other systems at the airport. The position (formerly the Maintenance Operations Supervisor) was filled by Doug Meier from January through August. From September through December the position was filled by John Olson. • The Public Works Specialist provides administrative support for airport functions. Support includes preparing minutes, meeting notices, and providing filing and computer support to City operations relating to the airport. The Public Works Specialist in 1997 was Genise Quast. No full -time maintenance personnel are assigned to the airport. Maintenance services at the airport are provided primarily by Street Department employees (Larry Karg, Street Dept, Supervisor). From time to time other City employees are used to provide maintenance at the airport. For example, Park Department employees were used to do carpentry work in 1997. Three part- time/seasonal employees mow, remove snow, and do other building and grounds maintenance at the airport. In 1997 the part- time/seasonal employees were: Doug Meier: snow removal, Lowell Peterson: building maintenance, and Donald Sitz: snow removal and grounds maintenance. The FBO has private mechanics and maintenance operations at the airport under contract with the City. In 1997 the FBO was: Tom Parker. Jerry Peterson, from TKDA Engineers, is the City's consulting engineer for the airport. In 1997 Jerry prepared plans and specifications, and helped in the application for funding for a significant improvement project scheduled for October 1, 1998. The regulatory agency for the airport is the Minnesota Department of Transportation, Office of Aeronautics, at 222 E. Plato Blvd., St. Paul, MN 55107 (1 -800- 657- 3922). Civil Air Patrol (CAP) The CAP is another tenant of the airport. The CAP is an auxiliary organization of the U.S. Air Force. CAP members are volunteers. They conduct search and rescue operations, lead education sessions regarding aviation, and provide a Cadet program for youth. A mobile -home building on the airport site is used by the CAP. The primary contact for the Hutchinson CAP is Major Dave Skaar, 16713 Hwy 15, Hutchinson, MN 55350, (320)587 -3480. Professional OrgaoiZations The Minnesota Council of Airports (MCOA) is organized around airports and airport operations. The City of Hutchinson has maintained a relationship with the MCOA for some years. The contact for MCOA is Duane Wething, Chair, MCOA, 222 E. Plato Blvd., St. Paul, MN 55107- 1618. Other City Departments: The Wastewater Treatment Facility occasionally spreads bio -solids on airport property. Hangar space specified for City maintenance crews is sometimes used for storing Central Garage vehicles. Other City departments and organizations use airport property from time to time. Individuals may lease airport property for raising crops allowed around airports. Mr. Bruce Kreckow, 814 Jefferson St. SE, Hutchinson, MN 55350, (320)234 -7254, has been granted permission to trap beavers in the drainage ditch that borders the western side of airport property. He generally traps every other year. Airport Site: The airport is south of Hutchinson and is bordered on the north by McLeod County Road 8, and on the east by MN T.H. 15. The airport site consists of 160.59 acres of land in Section 13, Township 136, Range 30. The property's parcel number is R 09.013.0600. The property class is Farm, Non - Homestead Exempt. Valuations of the property are: $63,000 for market, and $62,000 for tax. The property lies within the limits of Lynn Township. Property taxes for 1997 were $1,168. • Pavement System: The airport's runway is 75'x 4,000' and is paved with bituminous approximately 6" thick on a base of Class 5 gravel. The pavement has been sawed and filled with crack seal asphalt to prevent uncontrolled transverse cracking. The saw cuts were made at 40' intervals. The taxiway runs parallel to the runway for its entire length. The taxiway is 37 -1/2' x 4,000' and is paved with bituminous approximately 4" thick on a base of Class 5 gravel. The airport entrance road is approximately 800'x 28', with a 75'x 75' parking area. The airport entrance road is gravel. The apron and commons areas consist of approximately 220,000 sq. ft. Approximately 140,000 sq. ft. (64 %) is paved with bituminous, and 80,000 sq. ft. (36 %) is gravel. U Building Systems: There are seven buildings and four other major structures at the airport. They are as follows Buildings 1. Residence (mobile home) 2. Civil Air Patrol building (mobile home) 3. Non - directional beacon (NDB) building 4. Enclosed hangar (w/ Airport lobby) 5. Open hangar (w/ Maintenance facility) 6. Enclosed hangar 7. Electrical Distribution building. Other structures: 1. Fuel island 2. Rotating beacon tower 3. Windsock/warning panels 4. Radio and weather equipment (antennas) Lighting System: Lights surround the runway and reflectors surround the taxiway. Some lights are always lit. Others are lit during periods of limited visibility and at night. There are also lights that pilots activate to assist them in their landings. Lights are not operated during periods when the airport is closed. Otherwise, the system is operable 24 hours per day, seven days per week. During Mn/DOT's inspection of the airport fighting system in 1996, the City of Hutchinson received a score of 100 out of a possible 100, the same score as the last three years. • The City's lighting vendor is Halibrite, Inc., P.O. Box 10, Crosby, MN 56441 (800)553 -6269. In the fall of 1997, other vendors, from a list supplied by the consulting engineer, were contacted for prices on replacement fighting parts. Halibrite, Inc. continues to provide the best value for lighting products. Vehicle/Equipment Systems: There is one vehicle permanently attached to the airport. The vehicle is a 1995 Ford -New Holland 9030 Tractor with the following attachments: Flail mower Boom mower Loader Snow plow Snow blower Angle broom The tractor and attachments cost approximately $130,200 when it was purchased in 1995. The City received a state grant for the largest share of the tractor's cost. The grant specifies that the tractor only be used at the airport except in emergencies. A 1981 G.M.C. Dump truck with snow plow and sander, assigned to the Street Department, is used during the winter for snow removal operations at the airport. Other City vehicles and equipment are used during maintenance operations at the airport, but the vehicles and equipment are assigned to departments other than the airport. Flight Operations: Skydive Hutchinson had 1,793 flight operations and 8,485 skydiving jumps in 1997. Hutchinson Technologies, Inc. charters accounted for approximately 500 flight operations. Other flight operations, including business and pleasure trips, are estimated at more than 500. Hangars: There are 26 hangar spaces available. A schedule of hangar rentals is attached in Appendix A. Statement of Revenues and Expenditures: The unaudited Statement of Revenues and Expenditures for the year ending December 31, 1997 is attached as Appendix B. Improvements: There were no significant improvements made to the airport site this year. • There were no significant improvements made to the asphalt paving system this year. The most significant improvement to building systems this year was to seal the bottom of hangar units, in the northern most enclosed hangar, with asphalt. The intention of the project was to reduce runoff of storm water and melting ice and snow within individual hangar spaces. By sealing the hangar units, the runoff problem can probably be isolated, its cause discovered, and actions to correct it can then be planned. Another building systems project included replacing the door to the NDB building, which was done by Park Department employees and paid for by Mn/DOT, Office of Aeronautics. There were no significant improvements to the vehicles/equipment systems this year. Upcoming Improvements: The airport expansion/renovation project (Phase II) is on the Mn/DOT's list for funding in FY 1999, which begins in October 1998. The project will include a new entrance road, a new terminal and maintenance building, an apron, and improvements to the taxiway and commons areas of the airport. Appendix A Hangar Space Rental The following individuals rented hangar space at the airport in 1997: Hangar # Name Monthly fee 1 -9 1 -10 1 -11 1 -12 1 -13 1 -14 (01/97 - 10/97) 1 -14 (11/97 - 12/97) 1 -15 1 -16 1 -17 (01 -97- 10/97) 1 -17 (11/97- 12/97) 1 -18 (01/97 -02/97 1 -18 (03/97 - 12/97) 2 -1 2 -2 2 -3 2-4 (01/97- 10/97) 2-4 (11/97 - 12/97) 2 -5 2-6 2 -7 2 -8 Olesen, Vic Klima, Ed Baumgartner, Jeff Bames/Demenge Parker, Tom (FBO) Kieper, Cliff Brenhaug, Jeff Mona, James Lopac, Mark Lamplighter Devorak, James Dooley, Joe Miller, Tim Civil Air Patrol Schlueter, Elroy Triple D / Arlen Aas Kizer, Robert Keiper, Cliff Peterson, Clayton Lamb, Michael Bishman, Kathy Parker, Tom $30 $35 $35 $35 $0 $30 $35 $35 $35 $30 $30 $30 $30 $ 0 $50 $50 $65 $50 $50 $50 $65 $50 3 -1 Parker, Tom $150 3 -2 Knutson, Bernie $85 3 -3 Barnes/Kamrath $85 34 Miller, Tim $85 3 -5 Dooley, Joe $150 3-6 NFK Aviation/Faber/Nagy $85 3 -7 Jensen, Jerry $95 3 -8 McLeod Aviation / J. Miller $85 Total $360 $420 $420 $420 $ 0 $300 $ 70 $420 $420 $300 $ 60 $ 60 Um $3,550 $ 0 $600 $600 $650 $100 $600 $600 $780 MO $4,530 $1,800 $1,020 $1,020 $1,020 $1,800 $1,020 $1,140 $17,920 46 0 P_ Appendix B: Unaudited Statement of Revenues and Expenditures for the year ending December 31, 1997 Hutchinson Municipal Airport (Butler Field) 1997 1997 1998 Actual Budget Buda AIRPORT REVENUES Fuel Sales $53,827 $50,000 $ 0 Rents- Hangars & Shop 17,775 19,000 20,000 Airport Aid 12,019 12,000 13,500 Other revenues 9.814 --- = Total Revenues $93,435 $81,200 $33,700 AIRPORT EXPENDITURES Wages & Overtime $ 4,660 $ 4,000 $ 4, Employee benefits 431 $ 5,091 $ 4,485 $ 4,485 Motor fuels & lubricants $46,042 $42,000 $ 0 400 Operating supplies 869 213 250 800 400 Cleaning suppliestchemicals 25 Repairhnairdenance supplies 1.256 $48,380 2,775 $45,625 $ 4,125 Professional Fees $155,098 $ 0 $ 0 Communications $ 668 $ 600 $ 900 300 Travel/School/Conference 118 300 0 Printing/Publishing 0 5,650 200 5,600 5, Property insurance 10,854 12,000 14,000 Utilities Contracted repainstmaint. 2,419 3,000 3,000 4,000 Vehicle rent 0 40 0 200 200 Rentals 0 5,000 0 Snow removal Central Garage repair 4.461 $27 900 $31 200 Licenses & taxes $ 2,890 $ 2,600 $ 2,9W Machinery & equipment 268 0 1°O Miscellaneous 275 S 3,431 � $ 3,350 Total Expenditures $236210 $80.860 543.160 TOTAL AIRPORT $(142,775) $ 340 $ (9,460) is