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cp11-10-1997 cNOVEMBER 1997 HUTCHINSON CITY CALENDAR SUNDAY MONDAY I TUESDAY -9- -10- -11- 11:30 am. - 1:30 p.m. - HCDC Annual Meeting at Peace Center 1:00 p.m. - HATS Board Meeting at HATS Facility 7:30 a.m. - Police Commission Meeting at Police Station ALL CITY OFFICES CLOSED VETERANS DAY 5:30 p.m. - City Council Meeting in City Center Council Chambers WEEK OF November 9 to November 15 WEDNESDAY THURSDAY FRIDAY SATURDAY -12- -13- -14- -15- CONFERENCE /SEMINAR/ 10:00 a.m. - Directors Meeting in VACATION Staff Conference Room 11/10 Ken Merrill (V) 5:30 p.m. - Tree Board Meeting in 11/12 -14 Dolf Moon (C) City Center Main Conference 11/13 Jim Marka & Room Mark Hensen (S) C = Conference M = Meeting S = Seminar V = Vacation AGENDA • REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, NOVEMBER 10, 1997 1 1- 3 1 3 DIRMINII INVOCATION - Rev. Lawrence Lystig, Faith Lutheran Church SWEARING IN OF COUNCIL MEMBER ELECT JEFF HAAG: (a) ADOPT RESOLUTION NO. 10930 - RESOLUTION DECLARING OFFICE OF COUNCIL MEMBER VACANT AND APPOINTING COUNCIL MEMBER ELECT (b) OATH OF OFFICE PERFORMED BY CITY ATTORNEY PRESENTATION OF PLAQUE: DAVID SKAAR (AIRPORT COMMISSION) 1►l I111. . BID OPENING MINUTES OF OCTOBER 27, 1997 AND OCTOBER 31,1997; SPECIAL MEETING MINUTES OF NOVEMBER 5, 1997 • Action - Approve as presented - approve as amended K17►6`1 el�l►IM4 (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS BUILDING OFFICIAL'S REPORT - OCTOBER 1997 2. LIBRARY BOARD MINUTES OF OCTOBER 27, 1997 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 97 -212 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) 2. ORDINANCE NO. 97 -213 - ORDINANCE AMENDING CITY ORDINANCE PERTAINING TO SUNDAY LIQUOR SALES (FIRST READING AND SET SECOND READING FOR NOVEMBER 25, 1997) 3. RESOLUTION NO. 10929 - CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD (c) SNOW REMOVAL PERMITS: 1. RICHARD SMYKALSKI 2. JEFFREY A. HEALY CITY COUNCII, AGENDA - NOVEMBER 10, 1997 (d) APPOINTMENT OF BILL SCHNEIDER TO TELECOMMUNICATIONS COMMISSION (e) RESOLUTION NO. 10933 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5020, LETTING NO. 3, PROJECT NO. 97 -08 RESOLUTION NO. 10934 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5020, LETTING NO. 3, PROJECT NO. 97 -08 ' J :.WX:I► ii (a) CITY OF HUTCHINSON'S APPLICATION FOR FLOOD ASSISTANCE GRANT Action - Motion to close hearing - Motion to reject - Motion to approve and adopt Resolution No. 10931 A COMMUNICATIONS, REQUESTS AND PETTITONS -- NONE UNFINISHED BUSINESS (a) CONSIDERATION OF SHOPKO/NORWEST PARKING LOT ISSUES (DEFERRED OCTOBER 28, 1997) Action - Motion to reject - Motion to approve NEW BUSINESS (a) CONSIDERATION OF HUTCHINSON AREA JOINT PLANNING BOARD Action - Motion to reject - Motion to approve and adopt Resolution (b) CONSIDERATION OF SETTING DATE FOR CITY COUNCIL/DIRECTOR WORKSHOP TO REVIEW EXCELLENCE PLUS OBJECTIVES Action - Motion to reject - Motion to approve and set date (c) CONSIDERATION OF EXTENDING 1996 -97 AGREEMENT WITH CROW RIVER SNOW PROS AND DRIFT RIDERS FOR PERMISSION TO USE RIGHT -OF -WAY AT ROBERTS PARK AND PROPERTY WEST OF FAIR GROUNDS Action - Motion to reject - Motion to approve extending agreement (d) CONSIDERATION OF AWARDING BID FOR WOOD SALE AT COMPOST SITE Action - Motion to reject - Motion to approve • CITY COUNCIL AGENDA - NOVEMBER 10, 1997 E (e) CONSIDERATION OF HUTCHINSON JOINT PLANNING AREA ZONING ORDINANCE Action - Motion to reject - Motion to approve zoning ordinance (f) DISCUSSION OF CITY ORDINANCE REGARDING YOUTH ACCESS TO TOBACCO Action - Motion to reject - Motion to approve and draft City Ordinance (g) CONSIDERATION OF ACTIVATING DELAYED ASSESSMENTS FOR LETTING NO. 4, PROJECT' NO. 95-04 (OSGOOD/HAYDEN ADDITIONS, ETC.) Action - Motion to reject - Motion to approve and adopt Resolution No. 10932 (h) DISCUSSION OF ASSESSMENTS ON MORNINGSIDE ESTATES (SANTLEMAN'S THIRD ADDITION) Action - (i) DISCUSSION OF TH 22 BYPASS AND FIFTH AVENUE SE ANNEXATION/ CONSTRUCTION ISSUES Action - • (j) CONSIDERATION OF REQUEST FROM HCDC TO SET PUBLIC HEARING DATE FOR DECEMBER 9, 1997 TO DISCUSS ECONOMIC DEVELOPMENT AUTHORITY Action - Motion to reject - Motion to approve (a) COMMUNICATIONS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • 1 / 1.\1!1 I 3 0 RESOLUTION NO. 10930 RESOLUTION DECLARING OFFICE OF COUNCIL MEMBER VACANT AND APPOINTING COUNCIL MEMBER ELECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT a vacancy is hereby declared in the office of Council Member by means of resignation. BE IT FURTHER RESOLVED that Council Member Elect Jeff Haag is hereby appointed to complete the unexpired term. Adopted by the City Council this 10th day of November, 1997. • • Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator /Z� MINUTES BID OPENING OCTOBER 27, 1997 Director of Engineering John Rodeberg called the bid opening to order at 2:00 p.m. Also present were Tom Behm of Mn/DOT, Bob Kilgore of OSM, and Administrative Secretary Marilyn J. Swanson. The reading was dispensed with for Publication No. 5097, Advertisement for Bids, Letting No. 3, Project Nos. 97 -07 and 97 -08; S.P. 133 - 108 -05. The following bids were opened and read: ADDENDUM NO. 1 BIDDER ACKNOWLEDGED BID D H Blattner & Sons Yes 51,964,612.98 Avon, MN Duininck Brothers, Inc. Yes 1,837,901.80 Prinsburg, MN • Johnson Bros. Corp. Yes 1,894,160.32 Litchfield, MN Kraemer & Sons, Inc. Yes 1,804,592.41 Plain, WI Lakeview Construction Co. Yes 1,782,836.78 Glenwood, MN Lunda Construction Co. Yes 1,617,216.97 Black River Falls, WI Structural Specialties, Inc. Yes 1,600,869.87 Hutchinson, MN The bids were referred to the engineering staff and state representatives for review and a recommendation. The meeting adjourned at 2:15 p.m. • r • MINUTES BID OPENING FRIDAY, OCTOBER 31, 1997 The bid opening was called to order at 2:00 p.m. by Lawrence Winter. Also present was Secretary Bonnie Baumetz. The following bids were opened for the purchase of limbs and logs: Randy's Tree Service All wood in tree dump; $615.00 not logs Duane Otto Logs & Limbs 500.00 The bids were referred to staff for review and a recommendation. The bid opening adjourned at 2:05 p.m. n LJ • . MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, NOVEMBER 5, 1997 The special meeting was called to order by Mayor Torgerson at 6:45 a.m. The following were present: Mayor Marlin Torgerson, Council Members John Mlinar and Don Erickson. Absent: Council Member Kay Peterson. Also present: City Administrator Gary D. Plotz and Election Clerk Bonnie Baumetz. Leffle - ML-WISRUG wamell • ' Election Clerk Baumetz presented the Council with the sealed envelopes containing the count of ballots by precinct. The Council Members then proceeded to canvass the election returns of November 4, 1997. The motion was made by Mlinar, seconded by Erickson, to certify the election results as submitted and to waive reading and adopt Resolution No. 10928. Motion unanimously carried. There being no further business, the meeting adjourned at 7:00 a.m. • • h CITY OF HUTCHINSON • BUILDING / PLANNING /ZONING DEPARTMENT S N 612- FAX 612-234-4240 October 1997 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING hem Numbwof ValuaHcnof Number of Valuation of BUILDINGS No. Builds ge Housing construdbn Unite Om4 cents Buildings Housing un" conewchori 0rik1 cane (a) (b) (C) (d) (a) (1) (g) Sirgle�famiy houses, detached c_mroe mnn,e bosses 101 5 5 704 ,628 Single - family houses, attached Separsw by pound ro row'wa, +ro uw WneerbMwv,W $e(ar�M1l,u d mN�n 102 Two-family Ittilklings 103 Three- end four-larnity butclings 109 1 1 271 000 Fry r -more I buildlings 105 TOTAL: Sum of 101-105 100 8 40 1 2 247 FOR NEW RESIDENTIAL PRIVATELYOWNED PUBLICLY OWNED NONHOUSEKEEPING Item Number of Valuation of Number of Valuation of BUILDINGS No. Buldin gs construction a construction Omw cents Ornw cents (a) (b) (c) (d) (a) (g) Hotels, motels, and tourist cables (varsient accomnwcalons only) 213 Other nonheusekeeping ~w 214 NEW PRIVATELY OWNED PUBLICLY OWNED NONRESIDENTIAL hem Number Valuation of Number of Valuation of BUILDINGS No. of construction Buildi construction Buildings Orra cants Omit cent (a) (b) (c) (d) e) Amusement, social, and recreational 318 Churches and other religious 319 Industrial 320 7 20R 200 Parking garages ( buildngs It open decked) 321 Service slaticrs and repair garages 322 Hospitals and Institutional 323 Offices, banks, end professional 324 Puck works and utilit" 325 Schools and other educational 328 Stares and customer servkes 327 Other nonresidential buHdings 328 8 47,523 Structwes other than buildings 329 ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, Iles Number Valuation of Number of Valuation of AND CONVERSIONS No. of costrucnon Bindings constrwAlon Buildings Omit cents 01 cents is) @I (c) (d) (a) Residential - Classify swiftors of 434 garages and carports n weln Ise 4 12,350 Nonresidential and norghorsekeeping 437 8 1 Adc Hons of residential garages and 438 carports (attached and detached) 4 47,140 DEMOLITIONS PRIVATELY OWNED PUBLKAYOWNED AND RAZING Item Number Number of Numberof Number of OF BUILDINGS No. of Housing units Bull Houetrg u ds; (a) b fc) lot) (e) Single- larnily houses (atuched and 01S detached) Two-lamay Wildrhgs 848 Three - and tour-family bil ings 017 Five -a -moe family bindings 898 An other buildings and slructaes 848 RRR -7, RRS -2, RHR -2, SIGM -4, HH1 -4, FENCE -1 10 Permits - 61 Valuation $2,672,471 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE Please provide the following information for each permit authorizing construction valued at $500,000 or more entered in any of the above sections Item No from above sections (a) Description (b) Name and address of owner or builder (c) Ownership Mark (X) one (d) Valuation of construction Omit cents Number of Housing units Buildings 105 nd of buddin ar t men CAS ❑ Private Pubes s 1 080 000 S Al�rth High Dr. Hutchinson Ignd of building ❑ Private ❑ Public $ Site address - Kind of building ❑ Private ❑ Public $ Site address Kind of building ❑ Private ❑ Public $ Site address Comments Are you aware of any new permit - Issuing Jurisdictions? ❑ No ❑ Yes - Please give additional information in comments. Name of person to contact regarding this report James Marka Telephone Area code 320 Number 234 -4216 F- xlenslon Title Building Official 1 NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES BUSINESS REPLY MAIL FIRST CLASS MAIL PERMIT NO. 9710 BOSTON. MASSACHUSETTS POSTAGE WILL BE PAID BY ADDRESSEE F.W. Dodge V A DW M 9f TIrM0GftW4 mCarPmda Building Statistics PO Bar 609 Lexington, MA 02173 -9536 Hutchinson Public Library Board Meeting • Monday, October 27, 1997 Members Present: Mary Henke, Paul Wright, Kay Peterson, Connie Lambert, Richard Peterson, Lois Carlson, Larry Ladd Members Absent: Joe Schulte, Sue Munz The meeting was called to order by Paul Wright,Chair. The minutes from the September meeting were reviewed. Old Business: The roof was repaired by F.W. Roofing Co. at the cost of $2,000. This will be paid out of the library's construction fund. Kay P. will convey our concern to the city council of the probable need in the near future for a complete reroofing. Mary represented the Library at the McLeod County Senior Expo on September 30. If the Library participates again she suggests we look at a different type of booth design and be located where there would be a higher volume of traffic. Would there be a need for this at the Community Awareness Day that the Mall sponsors? The retirement party for Norita Levy was held at Peace Center on Saturday, October 25 from 2 to 4 p.m. as Norita had requested and planned. A plaque was given to her to thank her for her 30 years of service to the community from the City. A monetary gift was given to her from the Board. New Business Mary passed out a first draft of a job description for the vacancy ,created by Norita's retirement, that Mary, Joyce and Sue had worked on during two previous meetings. This information was discussed and the motion was made and passed to approve the job description and proceed with the interview process after Kay and Mary have consulted with Kathy(PLS) and the City. Discussion was held after a question was raised about how books are bought, processed and delivered to our library. Connie and Larry reported on the PLS communication concerns. Kay will check to see that the City is receiving the needed reports from PLS. A discussion followed on Children's Book Week in November and we will check to see if the Friends of the Library will be able to assist with some books for a drawing during that week. The next meeting will be held on Monday, November 24,1997. The meeting was adjourned. Joyce Beytien, Secretary 0 E ORDINANCE NO. 97 -212 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from C -4 (Fringe Commercial) to C -2 (Automotive Service Commercial) with the following legal description: 155'x 400' of SW 1/4 SE 1/4 32- 117 -29 1.43 Acres Adopted by the City Council this 10th day of November, 1997. n LJ Marlin Torgerson Mayor 0 ATTEST: Gary D. Plotz City Administrator r: R-ej 4L • RESOLUTION NO 10929 CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA, COUNTY OF MCLEOD, STATE OF MINNESOTA: That the following embraces unpaid assessments levied by the City Council of Hutchinson, Minnesota, under Statutes Sec. 429.011 to 429.111 for the various assessments of the City of Hutchinson, to be levied and assessed upon the properties as listed for the following purposes for the current year, and that a copy thereof be sent to the County Auditor of said McLeod County, Minnesota: WATERMAIN AND SANITARY SEWER 10th installment of 10 yr assessment 10th installment of 10 yr assessment 10th installment of 10 yr assessment 10th installment of 10 yr assessment 10th installment of 10 yr assessment 10th installment of 10 yr assessment 0th installment of 10 yr assessment th installment of 10 yr assessment 9th installment of 10 yr assessment 9th installment of 10 yr assessment 8th installment of 10 yr assessment 8th installment of 10 yr assessment 8th installment of 10 yr assessment 7th installment of 10 yr assessment 7th installment of 10 yr assessment 7th installment of 10 yr assessment 7th installment of 10 yr assessment 6th installment of 10 yr assessment 6th installment of 10 yr assessment 6th installment of 10 yr assessment 6th installment of 10 yr assessment 6th installment of 10 yr assessment 6th installment of 10 yr assessment 6th installment of 10 yr assessment 6th installment of 7 yr assessment 6th installment of 7 yr assessment 6th installment of 7 yr assessment 4th installment of 4 yr assessment Roll #236 87 -36 San. Sewer, Appur. Roll #237 88-25 San. Sewer, Watermain Roll #239 88-15 SanStorm Sewer, Water Roll #240 88 -20 &21 San, Storm, Water Roll #241 88 -19 San, Storm, Watermain Roll #247 88 -32 San, Storm, Watermain Roll #202B Watermain /San. Sewer Roll #230A Active Deferred San Str Roll #249 89 -01 Watermain & Appur Roll #250 89 -02 San, Storm, Watermain Roll #255 90 -04 San. Sewer & Appur Roll #258 90 -16 Watermain, Sa. Sewer Roll #262 90-15 Watermain, San. Sewer Roll #266 91-01 San, Storm, Watermain Roll #267 91 -02 San, Watermain, Lift Roll #268 91 -10 & 12 San, Storm, Water Roll #273 91 -24 San. Sewer, Watermain Roll #275A 92-01 San, Storm, Watermain Roll #275B 92 -03, 04 San, Storm, Water Roll #276 San, Storm, Watermain, St Roll #277 San, Storm, Watermain, St Roll #278 San, Storm, Watermain, St Roll #279 San, Storm, Watermain, St Roll #281 San, Storm, Watermain, St Roll #240A San Sewer, Watermain Roll #240B San Sewer, Watermain Roll #228A San Sewer, Watermain Roll #126W Watermain & Appur \J 11/06/97 TAXCER98.WK4 PAGE 2 CONTINUE WATERMAIN AND SANITARY SEWER • 4th installment of 4 yr assessment Roll #127W Watermain & Appur 4th installment of 4 yr assessment Roll #128W Watermain & Appur 4th installment of 4 yr assessment Roll #131 W San Sewer & Appur 4th installment of 4 yr assessment Roll #132W San Sewer & Appur 4th installment of 10 yr assessment Roll #221A Watermain 94 Project 5th installment of 10 yr assessment Roll #283 93-14 San Sewer, Watermain 5th installment of 10 yr assessment Roll #285 93 -02 San Sewer 5th installment of 10 yr assessment Roll #287 93 -16 Storm, San, Watermain 5th installment of 10 yr assessment Roll #239A 93 Project Sanitary Sewer 6th installment of 10 yr assessment Roll #228A 94 Project, Watermain 4th installment of 10 yr assessment Roll #290 94 -02 Storm Sewer, San, Water 4th installment of 10 yr assessment Roll #291 94 -05 Storm Sewer, San, Water 4th installment of 10 yr assessment Roll #293 94 -18 Storm Sewer, San, Water 4th installment of 10 yr assessment Roll #294 94 -03 Storm Sewer, San, Water 4th installment of 10 yr assessment Roll #295 94 -24 Storm Sewer, San, Water 4th installment of 10 yr assessment Roll #296 9409 Storm Sewer, San, Water 4th installment of 10 yr assessment Roll #297 94-04 Storm Sewer, San, Water 4th installment of 10 yr assessment Roll #298 94 -18 Storm Sewer, San, Water 3rd installment of 10 yr assessment Roll #294B Storm Sewer, San & Watermain 3rd installment of 5 yr assessment Roll #121 D Watermain 4th installment of 10 yr assessment Roll #299 Storm Sewer, San & Watermain 3rd installment of 10 yr assessment Roll #300 95-05 Stormsewer, San & Water • 3rd installment of 10 yr assessment Roll #301 95-09 Stormsewer, San & Water 3rd installment of 10 yr assessment Roll #302 95 -04 Stormsewer, San & Water 3rd installment of 10 yr assessment Roll #303 95 -12 Stormsewer, San & Water 3rd installment of 10 yr assessment Roll #305 95 -01 Stormsewer, San & Water 3rd installment of 10 yr assessment Roll #306 95 -17 Stormsewer, San & Water 3rd installment of 10 yr assessment Roll #310 96 -01 San Sewer, Watermain, Sm 3rd installment of 10 yr assessment Roll #307 95 -23 Stormsewer, San & Water 3rd installment of 6 yr assessment Roll #240D 95 Project 2nd installment of 9 yr assessment Roll #307A 95 -24 San Sewer, Watermain, Sm, St 2nd installment of 9 yr assessment Roll #309A 95-24 San Sewer, Water Connection 2nd installment of 10 yr assessment Roll #5000 96 -07 Sm, San Sewer, Watermain, St 2nd installment of 10 yr assessment Roll #5002 96 -17/18 San Sewer, Watermain 2nd installment of 10 yr assessment Roll #5003 97- 01/3/4 San Sewer, St, (r) 2nd installment of 10 yr assessment Roll #5004 97 -05/6 Watermain, San Sewer, St (r) 1 st installment of 10 yr assessment Roll #5018 97 -28 Trunk Sanitary Sewer 1 st installment of 10 yr assessment Roll #5019 95 -04 San Sewer 8th installment of 10 yr assessment Roll #262A San Sewer 4th installment of 10 yr assessment Roll #294A SS Watermain 2nd installment of 10 yr assessment Roll #221 B Watermain Appur 2nd installment of 10 yr assessment Roll #230C San, Storm 3rd installment of 10 yr assessment Roll #296A SS Watermain • 11/06/97 TAXCER98.WK4 PAGE 3 • OFF STREET PARKING 10th installment of 15 yr assessment Roll #152A 1984 Off Street Parking 2nd installment of 15 yr assessment Roll #5008 Parking STORM SEWER 10th installment of 10 yr assessment Roll #245 88 -17 Storm, San, Watermain 9th installment of 10 yr assessment Roll #35A 1969 Deferred Truck Sewer 9th installment of 10 yr assessment Roll #252 89 -15 Storm Sewer 9th installment of 10 yr assessment Roll #254 89 -15 Storm Sewer 9th installment of 9 yr assessment Roll #245A Lateral Storm Sewer 8th installment of 10 yr assessment Roll #176C Trunk Storm Sewer 7th installment of 10 yr assessment Roll #269 91 -04,05 & 06 Storm Sewer 7th installment of 10 yr assessment Roll #271 91 -11 Storm Sewer 7th installment of 10 yr assessment Roll #272 91 -07 Storm Sewer 7th installment of 10 yr assessment Roll #274 91 -25 Storm Sewer 6th installment of 7 yr assessment Roll #272A 92 Project San Sewer 5th installment of 10 yr assessment Roll #278A 93 Project Storm Sewer 5th installment of 10 yr assessment Roll #59A 93 Project Watermain, San Sewer 5th installment of 10 yr assessment Roll #80B 93 Project 4th installment of 4 yr assessment Roll #135W Storm Sewer 4th installment of 5 yr Re- assessment Roll #122N Re- assessment � rd installment of 5 yr assessment Roll #278D San Sewer, Watermain rd installment of 10 yr assessment Roll #308 95 Project, San Sewer Trunk 3rd installment of 10 yr assessment Roll #309 95 Project, San Sewer Trunk 3rd installment of 10 yr assessment Roll #311 96 -02 Project Sm, Street 3rd installment of 6 yr assessment Roll #122C Storm Sewer 3rd installment of 5 yr assessment Roll #122D 95 Project San Sewer 2nd installment of 10 yr assessment Roll #5001 96 -12 Storm Sewer & St 1 st installment of 10 yr assessment Roll #5015 97 -25 San Sewer 1 st installment of 10 yr assessment Roll #5016 97 -28 san Sewer 1 st installment of 10 yr assessment Roll #5017 97 -29 San Sewer lift station STREET IMPROVEMENTS 10th installment of 10 yr assessment Roll #238 88-02 Bituminous Surfacing 10th installment of 10 yr assessment Roll #242 88 -01 Bit. Surfacing, etc 10th installment of 10 yr assessment Roll #243 88 -04 Bit. Surfacing, etc 10th installment of 10 yr assessment Roll #244 88 -13, 14 & 16 Bit. Surfacing 10th installment of 10 yr assessment Roll #248 88 -31 Bit. Surf/Appur 10th installment of 10 yr assessment Roll #215A Grade /Gravel /Curb /Gutter 9th installment of 10 yr assessment Roll #251 89 -05, 06, 07 & 12 Curb /Gutter /Bit 9th installment of 10 yr assessment Roll #253 89 -15 Bit. Surf & Appur • 11/06/97 TAXCER98.WK4 PAGE 4 CONTINUE STREET IMPROVEMENTS • 8th installment of 10 yr assessment Roll #256 90 -08 Curb /Cutter /Surf, etc 8th installment of 10 yr assessment Roll #257A 90 -10 Curb /Gutter /Surf, etc 8th installment of 10 yr assessment Roll #2576 90 -11 Curb /Gutter /Base /App 8th installment of 10 yr assessment Roll #257C 90 -12 Curb /Gutter /Surf/App 8th installment of 10 yr assessment Roll #259 90-05 Curb /Gutter /Surf/Grav 8th installment of 10 yr assessment Roll #109D Grading /Appur 8th installment of 10 yr assessment Roll #257A Grade Sidewalk 7th installment of 10 yr assessment Roll #264 90 -11 B Bit. Surf/Curb /Gutter 7th installment of 10 yr assessment Roll #270 91 -13 & 14 Bit. Surf & Appur 6th installment of 7 yr assessment Roll #251A 92 Project Bit/Surfacing 6th installment of 7 yr assessment Roll #243B 92 Project Bit/Surfacing 5th installment of 10 yr assessment Roll #73A 93 Project Curb /Gutter 5th installment of 10 yr assessment Roll #259A 93 Project Bit. Surf/Gravel 4th installment of 4 yr assessment Roll #103W Curb /Gutter /Surfacing 4th installment of 4 yr assessment Roll #138W Grading & Appur 4th installment of 4 yr assessment Roll #142W Gravel Base & Appur 4th installment of 4 yr assessment Roll #143W Gravel Base & Appur 4th installment of 4 yr assessment Roll #159W Curb /Gutter & Appur 4th installment of 4 yr assessment Roll #160W Curb /Gutter & Appur 4th installment of 10 yr assessment Roll #230B San Sewer, St, Ls 5th installment of 10 yr assessment Roll #284 93 -07 Street/Curb /Gutter 5th installment of 10 yr assessment Roll #286 93-09 Bit. Surf/Curb /Gutter 5th installment of 10 yr assessment Roll #58A Grade & Gravel • 4th installment of 10 yr assessment Roll #292 9413 1 /Bit Wear course 3rd installment of 5 yr assessment Roll #103D Curb /Gutter 3rd installment of 5 yr assessment Roll #123D Curb /Gutter 3rd installment of 5 yr assessment Roll #149D Bit. Surface 3rd installment of 5 yr assessment Roll #150D Bit. Surface 3rd installment of 5 yr assessment Roll #159D Bit. Surface 3rd installment of 5 yr assessment Roll #270D Bit. Base 3rd installment of 10 yr assessment Roll #304 95 -20 Bit Base 1 st installment of 10 yr assessment Roll #5007 97- 021widening /grading REASSESSED ROLLS 1st installment of 5 yr assessment Roll #5009 1 st installment of 5 yr assessment Roll #5010 1 st installment of 5 yr assessment Roll #5011 1 st installment of 5 yr assessment Roll #5012 1 st installment of 5 yr assessment Roll #5013 1 st installment of 5 yr assessment Roll #5014 • 11/06/97 TAXCER98.WK4 PAGE 5 • BE IT FURTHER RESOLVED: ALL THESE UNPAID BILLS TO BE CERTIFIED TO 1998 TAXES That the following embraces an unpaid court order collection to be certified to taxes for clean up and removal of a variety of health hazzards. County ID #056.0280 City ID# 31 -117 -29-09 -0650 Lowell Otto 8,853.19 The following unpaid special assessments on the tax forfeit property is certifed to taxes for collection . County ID #23.312.0080 City ID# 36- 117 -30 -11 -0420 Amount 6,747.87 Unpaid weed cutting bills to be certified to taxes County ID #23.056.0290 City ID #31- 117 -29 -09 -0640 Amount County ID #23.417.0060 City ID # 36- 117 -30 -06 -0025 181.79 Amount County ID #23.162.0060 • City ID #01- 116 -30 -16 -0060 Amount County ID #23.316.0060 City ID #12- 116 -30 -08 -0060 Amount County ID #23.316.0070 City ID# 12- 116 -30-08 -0070 Amount County ID #23.417.0070 City ID #36- 117 -30 -06 -0026 108.58 Amount County ID #23.417.0080 City ID #36- 117 -03 -06 -0027 137.86 Amount 137.86 Unpaid water and sewer bills to be certified to taxes County ID #23.050.1510 City ID # 06- 116 -29 -02 -0250 Amount County ID #23.252.0180 City ID # 32- 117 -29 -14 -0340 187.82 Amount County ID # 23.310.0110 City ID # 36- 117 -30 -11 -0200 Amount • County ID # 23.310.0120 City ID # 36- 117 -30 -11 -0210 125.79 Amount 98T. 3 IIII.W. 108.58 336.09 314.49 11/06/97 TAXCER98.WK4 PAGE 6 CONTINUED UNPAID WATER & SEWER BILLS • County ID #23.162.0060 County ID # 23.318.0020 City ID # 01- 116 -30 -16 -0060 City ID # 36- 117 -30 -11 -0010 Amount 470.50 Amount 17,461.03 County ID #23.402.0130 City ID # 32- 117 -29 -15 -0180 Amount 206.74 Adopted by the City Council this 10th day of November, 1997. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator U • 11/06/97 TAXCER98.WK4 Z APPLICATION FOR- r, th,.__JCITY COUNCIL of a# _-JUM .. . ............ ...... . ........ in Ahs county of -- --MC 'AQP--- stab of Afinnalwa: • The understined owner whose addrow RETnJ�Ow KITH . upon that oertain tract o f l describ as f.Uaws: L,6 . ..... ........ .... Btodk .. ... ... ..... ..... ........ ... . .. pka addition..._ .. , .._....._...._. - _._. ._ . ._ .. ...... . ......... ... ....... .. .......... ; address ... ............. whteh is Of the /0110101ml size and am; width, ... . . . .._.._... . ...... .... ... .... feet; lesith .... . . ...... . .. ..... area WITHIN THE C17Y LIMITS ...... . ...... .. . ....... ...... ...... . .. ............. 1.1-1 .. ........ . .... . ..... and hereby alross th i , ,,& matertaZe which s m haU be used shaZI Permit it fronted, that all work whiah shall be done and all 007*PZY with the Plana and specifloation, theref h erew " submitted and with dU the ordinance of said. ......._ CITY OF HUTCHINSON appliaable, thereto. - I ........ .... . .. ... . . . ........... ............. ...... I ... . .. .... . .......... . ....... .................... .. . . . .. f ' further alrea to pay fees or ammnn# a t th ti,,, an d i the amounts specified specified a, allo ws: ,ft In • • z T V..._CITY COUNCIL APPLICATION FOR _E -PERMIT of HUTC2iINSON . . . ...... . ..... _ In am county of ........ Siam of jannedota: The undersigned owner whom addrm . ... ..... .......... . .... - ............. . . ... . ........ . . ....... . . .... far a pp7na to FLOW AND ... ........ ..... . ........ REMOVE SNOW WITH ... ... . ......... ? I . I . ...... y - -..__. .... .... . .. .... upon that Corkin tract of land described as foll "_F o. $ Bwk ..... . ............ .............. ... ... . plat addition. ... .. . .......... ....... .. ... ....... ..... ... ... . . ..... .... addre=_.. ..... ......... .... ____ . ...... .......... . ... ....... .. .. _ I.; which Is of the foLlowiny sire and arcs; width ... . ...... fed; lenifth . .................... feet; am WITHIN THE CITY LIMITS .. .................. . .... ..... .... . . ...... .. ....... . .. .. . ..... . ........ . . . ...... . . and hereby alree th In e ase ua h pffl7n i , &,,W, that all work which shall be done and all InOtertalf which shall be used shall o o m pl y to " th p l an , an d spaiftoation, therefor herewith s and with &U th ordjnarua o f a id . CI77 OF HUTCHINSON . .................... . ... . ..... .. applioable thereto. ' f " Uaan t further alre'l to Pay fOAS Or ae ftft at the time and In the amounts speciftod follows: -11-21 RESOLUTION NO. 10933 RESOLUTION DECLARING COST TO BE ASSESSED AND • ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5020 LETTING NO.3 /PROJECT NO. 97-08 WHEREAS, cost has been determined for the improvement of 5th Avenue SE from Huron Street SE to Michigan Street SE by construction of storm sewer, watermain and services, sanitary sewer and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk and appurtenances, and the bid price for such improvement is $476,663.73 and the expenses incurred or to be incurred in the making of such improvement amount to $114,339.30 so that the total cost of the improvement will be $591,063.03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $486,003.03 and the portion of the cost to be assessed against benefited property owners is declared to be $105,060.00. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 10th day of November, 1997. Mayor City Administrator n U - 55,28000 -- 5105,060.00 COMPILED BY: C. RICE COMPUTED BY: C. RICE CHECKED BY: J. RODEBERG NUMBER OF YEARS: 10 ADOPTED: ACCOUNT CITY PID NO. NO. COUNTY PID NO. 01 05-116 -29 -05-0030 ASSESSMENT LETTING NO. 3/PROJECT 5th Avenue SE from Huron Street SE Storm Sewer, Watermain and Services, Sanitary Curb & Gutter, Bituminous Base, Bituminous NAME & ADDRESS OF PROPERTY OWNER ROLL NO. 5020 NO. 97 -08 to Michigan Street SE By Construction of Sewer and Scrviccs, Grading, Gravel Base, Surfacing, Sidewalk & Appurtenances LEGAL DESCRIPTION ADDITION OR SUBDIVISION RESIDENTIAL C OMMERCiALANDUSTRIAL II_ )TRANCE_ INTEREST FRONT FEET STREET COST: LUMP RATE RESIDENT. STREET -COST PER FRONT STREET SUM COMMAND. STREET FOOT: COST PER FRONT ENTRANCE FOOT: DEFERRED ASSESSMENT $40.00 _ _ _ $80.00 $18,000.00 $0.00 4.68% TOTAL A CTIVE A SSESSMENT 23.050.5400 Sr Paul MN 55144-1000 E 1/2 of Lots 1 & 2, Block 64, S outh 1/2 City Richard McClure Lw 4, Block 1, Swanson's Subd. of H utchinson Industrial District (995 5th Ave SE) $5,280.00 $0.00 50.00 $0.00 384 School Rd SW 0 _ _ 03 23.258.0040 0_5 -05-0031 Hutchinson MN 55350 150.75 - 50 $0.00 $12,060.00 $12,060.00 54 Allied Pro enics of Humhimoo _ Lot 3 Block 1 Ssranson's Subd. of 0(.11629-08 -0250 23.258.0030 0511629 -05-0110 34_0 Michipn St SE, P O Box 365 _ $0.00 Hutchinson MN 55350 _ Goebel Fixture Compan Hut chimon Industrial Dinria (340 Michigan St $E) -- $4,000. 50.00 $0.00 $32,720.00 Bldg 2206E -02 fors 9, 10, 11,12, 13 & IS Auditor's Plat of 04 0_5 528 Dale St SW Hutchinson MN 5 5350 Arthur & Hclen Miller 436 Ontario St SE Hutchinson MN 55350 _ _ _ _ _ MN Mining & Manufacturing Company do Tao Division 3M Center $0.00 23.050.5390 $0.00 55,280.00 23.254.0025 W 1/2 Section 05- 116 -29 990 5th Ave SE 409 $0.00 $32.720.00 Lots 4 & 5, Block H, South 1/ 2 City $5,280.00 _ .. $0.00 0611629 -08 -0 110 132 $0,0 23.050.3390 06116 29-08_ -017 $0.00 _ 07 - 55,28000 -- 5105,060.00 Bldg 2206E-02 645 5th Ave SE _ � 23.050.5400 Sr Paul MN 55144-1000 E 1/2 of Lots 1 & 2, Block 64, S outh 1/2 City 66 50.00 $5,280.00 $0.00 $0.00 06 MN Mining & Manufa Company _ 0(.11629-08 -0250 do Tax Division 3M Center - Bldg 2206E -02 (635 5th Ave SE, 23.050.5390 St Paul M N 55144 -1000 W 1/2 of fors 1 & Block 64, South 1/2 City _ _ 66 $0.00 $5,28000 _ 70.00 $0.00 _ - _ 07 0611629 -08 -0260 McLeod County F_ ai_r A.; -- - P O_ Bo 142 Tna B_ Except S66' of N132' of E132% 23.206.0020 _ Hutchinson MN 55 Regiuered Land SA= No. 24 (547 Ontario St 280.5 $0.00 $22,440.00 $0,00 $0.00 _ OB MN Mining & Manufac Company 0611629-09-0010 do Tax Division 3M Center Bldg 220 -6E -02 (400 Fair Ave SE) _ 23.206.0010 St Paul MN 55144 -1 Tray A Registered Land Survey No 24 1 $0.00 $0,00 $18,000.00 50.00 $5,280.00 581780,00 $18,000.00 532 20.00 TOTAL ASSESSMENT ROLL NO. 5020 S AR5015 -PAGE 1 0 • - 55,28000 -- 5105,060.00 RESOLUTION NO. 10934 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. 5020 LETTING NO. 3 /PROJECT NO. 97-08 WHEREAS, by a resolution passed by the Council on the 10th day of November, 1997, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving 5th Avenue SE from Huron Street SE to Michigan Street SE by construction of storm sewer, watermain and services, sanitary sewer and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 25th day of November, 1997, in the Council Chambers at City Hall at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by December 15th, 1997. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 10th day of November, 1997. Mayor City Administrator 0 )�''E— PUBLICATION NO. 5117 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5020 LETTING NO. 3 /PROJECT NO. 97-08 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 P.M. on the 25th day of November, 1997, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of 5th Avenue SE from Huron Street SE to Michigan Street SE by construction of storm sewer, watermain and services, sanitary sewer and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk and appurtenances You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by December 15th, 1997. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.67 percent per year. The right to partially prepay the assessment shall be until December 15th, 1997. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $105,060.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. . 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence f ' may be presented at this point. PUBLICATION NO. 5117 LETTING NO. 3/PROJECT NO. 97-08 PAGE An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. Plotz, City Administrator City of Hutchinson, Minnesota 0 PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, NOVEMBER 11TH,1997 AND TUESDAY, NOVEMBER 18TH, 1997. PUBLISHED IN THE HUTCHINSON LEADER • THURSDAY, OCTOBER 16, 1997 AND THURSDAY, OCTOBER 23, 1997 PUBLICATION NO. 5107 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that a public hearing will be held on Monday, November 10, • at the hour of 6:00 p.m. in the Council Chamber of City Center for the purpose of: public input regarding the City of Hutchinson's application for a flood assistance grant. This hearing will be held by the City council of the City of Hutchinson. At such hearing, all persons interested may be heard. No E October 14, 1997 Dated Business and Community Development Application Part H — Forms Package Local Government Resolution (FP -11) (SCDP) Applicant Name: RESOLUTION OF APPLICANT. Applicants must adopt and submit the following resolution. This resolution must be adopted prior to submission of the forms package. BE IT RESOLVED that act as the legal sponsor -for projeit(a� cbntafireir the business (Appltam) and Community Development Application to be submitted on and that (Day, Month. Year) (Title of Autlnnzed Official) is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of (Appheard) BE IT FURTHER RESOLVED that has the legal authority to apply for financial assistance. (Applicant) and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the project for its design life. BE IT FURTHER RESOLVED that has not violated any Federal. State, or local laws (Appl icant) pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, may (Apps) enter into an agreement with the State of Minnestoa for the above- referenced project(s), and that (Appllonu certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section (FP -10) of the Business and Community Development Application. NOW, THEREFORE BE IT FURTHER RESOLVED that is hereby authorized to execute (Tide of Authorized Official) such agreements as are necessary to implement the project(s) on behalf of the applicant. 1 CERTIFY THAT the above resolution was adopted by the of SIGNED: (city Duna i, courny Board, a on WITNESSED: SCDP Applicant Guide (April 1997) 5-73 • 0 1 .1 FOR YOUR INFORMATION PUBLISHED IN THE HUTCHINSON LEADER • TUESDAY, NOVEMBER 11, 1997 PUBLICATION NO. 5118 1st Notice Date: November 11, 1997 To: All Interested Parties From: The Honorable Marlin Tmgerson, Mayor, The City of Hutchinson Subject: Notice of early public review of proposal to support acquisition and demolition in the 100 year flood plain. The City of Hutchinson proposes to acquire properties using federal funds from the Community Development Block Grant Small Cities Flood Related Program in the City of Hutchinson, Minnesota, in order to clear properties located within an area vuhuxable to flooding. Properties will be purchased by the City through a "Voluntary Buy -Out Program ". Proposed sites are located within the 100 year flood plain of the Crow River, primarily in the area of Ontario, Huron, and Erie Steams. • Specifically, the property is described as follows: Sections 6 and 7, Township: T t6 North, Range: R29 West in McLeod Canty, Minneso This notice is required by Section 2(ax4) of Presidential Executive Order 11988 (that addresses flood plain management) and U.S. Department of Housing and Urban Development Enviromnental Regulations for CDBG programs (24 CFR Part 58). Alternatives for this project are as follows: 1. No project 2. Approved as proposed 3. Approval with modifications Send comments within 15 days of publication or obtain additional information by contacting: Environmental Officer. Rebecca Stoen Mid- Minncsota Development Com minuet 333 West Sixth Street Willmar, MN 56201 Phone: (320)235 -8504 (Dunng normal business hours) hr • restriction shall not be deemed to prevent or prohibit any sale of health and beauty aid items which are customarily sold from other types of retail stores, nor shall it be deemed to prevent Hutchinson's Site from being leased, occupied or used for the sale of miscellaneous items similar to those which may be sold by Shopko. This restriction may be waived solely by Shopko in writing by an instrument recorded in the Office of the Register of Deeds for McLeod County, Minnesota. 6.03. Parking Requirements It is agreed that there shall be maintained on the Shopko Site at least 391 parking spaces (inclusive of parking spaces, if any, within the seasonal lawn and garden area) unless condemnation makes maintenance of this number of parking spaces impossible at ground level with the amount of then - existing development on the Shopko Site. It is agreed that a parking ratio of not less than 5.5 spaces per 1,000 square feet of Net Building Floor Area will be maintained on Hutchinson's Site unless condemnation makes maintenance of this parking ratio of ground level parking impossible with the amount of then - existing development on Hutchinson's Site. 6.04. Outlot Restrictions It is agreed that the outlots shown on the Site Plan, Exhibit "3" shall be restricted in accordance with the following limitations: Building Height Building Ground Outlot Restriction Cover Restriction 1 20 feet plus up to 4,500 square feet 2 2 feet for HVAC only 4,500 square feet 20 - 03/05/90.1 14' RECEIVED 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. PETER WALTER P. MICHELS, III ALSO ADMITTED IN TEXAS AND NEW YORK ATTORNEYS AT LAW Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 101 PARK PLACE HUTCHINISON. MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON October 22, 1997 Re: Shopko/Norwest Parking Lot Issues Our File No. 3188 -87001 W � r � Aw td OCT 2 3 1997 CITY OF HUTCHiNSON OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (6 12) 545 -9000 FAX (612) 545 -1793 FAX(612)542 -9210 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (6121389 -2214 FAX (6 12) 389 -5506 • Dear Gar At your request I have met with City Building Official Tim Marka and I have discussed the Shopko/Norwest proposal. It is my opinion that there are only minim legal implications with respect to the arrangement between Shopko and Norwest. The key here, I believe, is that the Shopko project has excess parking which is available to the Norwest site. While it is true that the Nor site and the Shopko parking lot, or at least large portions of it, are within a district to which typically only minimal parking requirements have attached, the fact remains that the Shopko building is outside that district and subject to the parking requirements. Having said this, according to calculations provided by the Building Official, assuming a scenario least beneficial to Shopko, the site is only two parking stalls short of compliance. This makes a number of assumptions which may or may not be valid including complete retail development of the site retained by the City, attribution of retail use to the entire Shopko building notwithstanding the fact that a portion of it is clearly warehouse space and an assumption that the 60 parking space figure applies and not some lesser figure. Having said this, the fact remains that this project will put additional pressure on the property owned by the City in terms of its ultimate development and even though this project is at the opposite end of the undeveloped lot it nonetheless should be a concern to the City of Hutchinson. I would strongly recommend that this opportunity be used to enter into a parking agreement with Shopko which would • reflect the future dedication of parking spaces by Shopko to the retail site when developed. AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED �� CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz October 22, 1997 • Page 2 Obviously, the site may have some use other than retail at some point or Shopko may ultimately own the property without any rights on the part of the City. Although there is no direct legal impediment to this transaction, I should note that there is a cross easement agreement in effect between the City of Hutchinson and Shopko which calls for maintenance of a minimum of 518 parking spots. However, that number was arrived at by applying the then existing city parking formula and under the present formula, it would appear that this �� proposed improvement complies with existing law. I would recommend that the cross easement 1'r agreement be amended and this matter should be placed on the City Council agenda for consideration this co Tuesda . g. Additionally, I would recommend that as part of amendment process ACT" v a opko and the City enter into an agreement regarding parking for the city lot that is adjacent , to Shopko. For example, I think the City and Shopko should enter into an agreement whe r e in the L to the pro is deve O vio the use of e property becomes somet g of er t an retail, such that those additional parking spots are not necessary, the number of spots can be adjusted accordingly. Additionally, the agreement can provide that until such time as the property is actually improved, Shopko is free to use those spots as it does now. All of this could be set ou in the cross easement agreeme at the convenience of the parties. I hope this correspondence is responsive to your concerns. Thank you. Best regards. Very & DOVE, PLLP G.'Bl&y Anderson GBA:hn CC Jim Marka McLEOD COUNTY ATTORNEY COURTHOUSE 830 11 th Street East Suite 214 • Glencoe, Minnesota 55336 (320) 864 -1265 (320) 587 -4680 Fax (320) 864 -1455 TDD (320) 864 -6493 MICHAEL JUNGE McLEOD COUNTY ATTORNEY JODY WINTERS MARTHA MATTHEIS ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY RECEIVED October 30, 1997 Marlin Torgerson Hutchinson Mayor 111 Hassan Street SE Hutchinson, MN 55350 RE: Hutchinson Area Joint Planning Board NOV 4 1991 CITY OF HUTCHiINSON Dear Mr. Torgerson: • Enclosed please find a proposed resolution for consideration by your City Council in November. If this is agreeable with your City Council, please have them pass the resolution, sign it, and return it to me by the 1" of December. If you or your board members have any questions regarding the resolution, please feel free to contact me. Sincerely, Michael Junge McLeod County Attorney MJ Enclosure cc: Gary Plotz, Administrator • EQUAL OPPORTUNITY EMPLOYER • RESOLUTION TO PARTICIPATE IN THE HUTCHINSON AREA JOINT PLANNING BOARD 1. The County of McLeod, the City of Hutchinson, and the Townships of Lynn, Acoma, Hutchinson, and Hassan Valley do hereby agree to jointly exercise zoning in an area to be defined by Section 3 of the Hutchinson Area Joint Planning Zoning Ordinance. 2. The purpose of this Agreement shall be to provide an orderly means by which the City of Hutchinson may expand into the Townships that surround it, and to reduce infrastructure costs by controlling expansion and requiring expansion to occur in an orderly manner. 3. This Agreement may be terminated by any of the parties subject to a 60-day written notice and the Joint Agreement shall continue indefinitely until terminated. 4. That a Joint Planning Board shall be created as appointed by the McLeod County • Board of Commissioners. Each of the Townships that are a party to this Agreement shall forward a recommendation to the McLeod County Board of Commissioners for appointment to the Joint Planning Board. The City of Hutchinson shall also submit a recommendation for appointment to the Joint Planning Board, and thereafter the County shall appoint the Hutchinson Joint Planning Board to act as an advisory board to the County Commissioners of McLeod County. The Planning Board shall be advisory to the County Board and may offer its advise to the McLeod County Board of Adjustment. 5. By adoption of this resolution, the City of Hutchinson does hereby agree to participate in the Hutchinson Area Joint Planning Board. �J A• Passed this day of November, 1997, by the City of Hutchinson. • Hutchinson Mayor Hutchinson City Administrator is • 10 Memorandum TO: Mayor and Council FROM: Gary Plotz, City Administrator RE: Review of Excellence Plus Objectives DATE: November 5, 1997 As you are probably aware, the Excellence Planning Process calls for a yearly review of the Council's Excellence Plus Objectives prior to the beginning of the new year. Preferably, a council/director workshop can be scheduled in November or early December to complete this review. The purpose of the review is to provide the Council an opportunity to revisit the objectives, be updated on the status of the objectives. In addition, the Council has the opportunity to make any revisions or additions to the objectives, and, if necessary, to delete any objectives. Therefore, it is requested that you set a date for a workshop for this review. If you have any • questions, please contact me. bke L ��- fi I I N T E R MEMO O F F I C E Date: November 7, 1997 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary Subject: EXTENSION OF SNOWMOBILE AGREEMENT I- L-1 Bill Arndt contacted me on October 28, 1997 with a request that the City Council consider extending the 1996 -97 agreement made with the Crow River Sno Pros and Drift Riders to grant permission for them to use the City right -of -way at Roberts Park and on the property west of the Fair Grounds. They would like to continue using the above mentioned areas for snowmobiling. 0 �'2 • I N T E R MEMO O F F I C E To: Mayor & City Council From: Mark Schnobrich / City Forester Subject: Bid Approval for Wood Sale at Compost Site Date: November 5, 1997 The following bids for wood located at the compost facility were opened on Friday, October 31, 1997; Randy's Tree Service $615.00 Duane Otto 500.00 10 I recommend we except the bid from Randy's Tree Service for the wood. • � I E C DATE: October 27. 1997 n LJ TO: FROM: SUBJECT Mayor and City Council Bonnie Baumetz, Planning and Zoning CONSIDERATION OF HUTCHINSON JOINT PLANNING AREA ZONING ORDINANCE A public hearing was held on Thursday, October 23, 1997, regarding the Joint Planning Ordinance. The McLeod County Board made a motion to close the public hearing and recess the meeting to December 3, 1997, for action. They would appreciate it if the City Council and four surrounding townships would act on the Ordinance at their November meeting and forward the action to the County Board poor to December 3rd. I have included the minutes from the public hearing and a copy of Section 15: Confined Feedlots. This section changed considerably since the draft ordinance was distributed. Thank you for considering this item at your November 10th meeting. City Center 1I1 Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 234-4240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 ✓ Fax (320) 587 -6427 Printed on recycled paper - HUTCHINS AREA JOINT PLANNING P DRAFT PUBLIC HEARING M • ETING MINUTES, OCTOBER 23, 1997 HUTCHINSON CITY CENTER CALL TO ORDER The Hutchinson Area Joint planning public Hearing was called to order at 8:00 p.m. by McLeod County Board Chair Melvin H. Dose in the Hutchinson City Center council chambers. Commissioners Dose, Bayerl, Nies and Wangerin were present. Commissioner Knutson was absent. Also present were McLeod County Zoning Administrator Ed Homan; Jim Marka, Director of Building, Planning and Zoning for the City of Hutchinson: County Attorney Mike Junge; Assistant County Attorney Martha Mattheis: and County Administrator Nan Crary. At the request of the Board Chair, all present recited the Pledge of Allegiance. Jim Marks introduced the public hearing, remarking that the process leading up to this public hearing began more than two years ago. He reviewed the vision statement of the joint planning board and the chronology of developing the Hutchinson urban boundary area. Following the hearing, an agreement will be drafted in order to implement the process in January 1998. Beginning in January, land use permits will be processed for the urban boundary area at the Hutchinson City Center with final authority resting with the McLeod County Board of Commissioners and the McLeod County Planning and Zoning Office. Aevi ow of Urban Boundary District Ed Homan, Zoning Administrator, explained the urban boundary district and the process for determining the boundary which will be reviewed periodically and may be altered in the future. Marka explained the site plan checklist process for one -stop shopping, indicating the checklist will be revised as experience suggests improvements. He also indicated the planning board will be an advisory board to the County Board of Commissioners. The current process, considered cumbersome and outdated, requires the citizen to go to three different jurisdictions. A streamlined process will result from the joint planning structure. The joint planning agreement will be renewable after one year. Marka stated this planning process should assist with holding down infrastructure cost associated with development, particularly for sanitary sewer and electrical utilities. Marka reviewed a number of topics including off - premise signs, frontage roads and feedlot issues. T County Attorney Mike Junge reviewed the agreement process involving Lynn, Acoma, Hutchinson and Hassan Valley Townships, • McLeod County and the City of Hutchinson. A resolution to adopt the agreement will need to be approved by each governmental unit before the agreement will become effective. Ouestions and- Questions were fielded from the audience concerning the Hutchinson PP intment process, and the e meeting schedules. Nies/Rangerin notion carried unanimously to close the public hearing. 8ayerlMwwgerin motion carried unanimously to recess the meeting at 9:10 p.m. until 10,00 a.m. Wednesday, December 3, 1997. ATTEST: Nan Crary, Clerk Melvin H. Dose, Board Chair E • SECTION 15: CONFINED FEEDLOT REGULATIONS • Subdivision 1. CONFINED FEEDLOTS GENERALLY No person shall permit or allow their land or property under their control to be used for any confined feedlot, and no animal manure from any confined feedlot shall be disposed of within the County of McLeod, except at an operation which has been approved in accordance with the provisions of this section. No new feed lots are permitted in the Hutchinson Joint Planning Area. Subdivision 2. ADOPTION BY REFERENCE OF STATE REGULATIONS Pursuant to M.S.A. 394.25 Subdivision 8, the McLeod County Board of Commissioners hereby adopts by reference 6 MCAR Section 4.8051 Rules for the Control of Pollution from Animal Feedlots. Provisions of these rules shall be as much a part of this Ordinance as if they had been set out in full herein when adopted by this reference. Subdivision 3. EXEMPT FROM REGULATION Any confined feeding operation of ten (10) animal units or less when in conformance with all provisions of this section. 2. Nothing in this section shall exempt any owner or operator of any feedlot from conforming with applicable state or federal regulations governing confined feeding operation, or any other provisions of this Ordinance. * Subdivision 4. APPLICATION PROCEDURE Applications for locating any confined feeding operation in McLeod County shall be governed by the following procedures: The owner of an existing animal feedlot for greater than ten (10) animal units shall make application to the County for a permit when any of the following conditions exist: A. An existing feed lot is expanded or modified. B. Ownership of an existing animal feedlot is changed. C. A National Pollutant Discharge Elimination System (NPDES) permit application is required under state or federal rules and regulations. 2. The owner of any feedlot shall be required to make an application to the county when an inspection by that agency determines that the animal feedlot creates or maintains a potential pollution hazard. • 15-1 y— Hutchinson Joint Planning Area Zoning Ordinance Section 15 3. The owner of any animal feedlot shall be required to obtain a land use permit from the • county stating compliance with the provisions of this Ordinance. Subdivision 5. FEEDLOTS REQUIRING A CONDITIONAL USE PERMIT Animal feedlot operations shall require a Conditional Use Permit issued by the county if 1. Any confined feedlot exceeding one half (112) acre per animal unit. 2. Expansion of any existing feedlot; except where an existing MPCA feedlot permit is in effect at the date of adoption of this ordinance. 3. Expansion of any existing feedlot beyond the animal units allowed on existing MPCA feedlot permit. 4. Expansion of any existing feedlot without an MPCA feedlot permit. Subdivision 6. CRITERIA CHECKLIST FOR EXPANSION OF EXISTING FEEDLOTS No feedlots shall exceed 400 animal units. 2. Submittal of manure best management practices plan is required. • 3. Feedlots must meet McLeod County structure setback requirements and provide landscaping plan for screening. • 15-2 ARNOLD, ANDERSON & DOVE PROFES55ONAL LIMITED LIABILITY PARTNERSHIP DAVID S. 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 ADMITTED IN 11% S PNO NEW YORK Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Youth Access to Tobacco Our File No. 3188 -87001 • Dear Gary: RESIDENT ATTORNEY G. BARRY ANDERSON October 20, 1997 OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 5459000 FAX (612) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 FAX (612) 3e9 -5506 I would request that you place the above referenced matter on the City Council agenda for the Council to consider at its last regularly scheduled meeting in October. As you know, the legislature in this past legislative session adopted tougher regulations with respect to youth access to tobacco. I am enclosing for your information a copy of Chapter 227 of Minnesota Statutes which sets out the new restrictions. Although some related statutes predate this 1997 legislation (and I am also enclosing copies of those statutes as well), the local option with respect to Chapter 227 is what causes my correspondence to you today. McLeod County will be adopting an ordinance regulating cigarette sales as permitted by Chapter 227. The City may elect to be governed by the McLeod County ordinance or it may elect to pass its own ordinance. In that regard, I am enclosing for inclusion in the Council packet a copy of the League of Minnesota Cities model ordinance. I have not customized this ordinance to fit the Hutchinson situation because I am not clear on whether or not the Council wants to elect to be governed by the County in this regard or whether it wishes to have its own ordinance. ATTORNEYS AT LAW 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 MINNE50TA STATE BAR ASSOCIATION Mr. Gary D. Plotz October 20, 1997 Page 2 The City has historically chosen to pass its own ordinances and enforce its own regulations within the city limits. It would be my recommendation that we continue with this practice. The City already licenses merchants who sell tobacco and while this ordinance is somewhat more complicated, at the end of the day, it is not fundamentally different than what the City is already doing and I see no real advantage to the City in simply following the County ordinance. I would invite individual Council members to review Chapter 227 carefully and also the proposed model ordinance. I have taken the model ordinance directly from League of Minnesota City materials because I felt some of the introductory language and some of the options that are laid out within the ordinance help give Council members a flavor of some of the decision making process used to put this ordinance together. If you should have any additional questions regarding this matter, please feel free to contact me. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, PLLP G. Barry Anderson GBA:lm Enclosures • 11 • 0 Youth Access to Tobacco Legislation Chapter 227 An act relating to commerce; requiring local units of government to license the retail sale of tobacco; providing for mandatory penalties against license holders for sales to minors: requiring compliance checks; restricting self - service sales; requiring disclosure of specified substances in tobacco products; prescribing penalties; amending Minnesota Statutes 1996, sections 171.171: 260.195, subdivisions 3 and 3a; and 461.12; proposing coding for new law in Minnesota Statutes. chapter 461; repealing Minnesota Statutes 1996, section 325E.075. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1996. section 171.171, is amended to read: 171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS.] The commissioner shall suspend for a period of 90 days the license of a person who: (1) is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic beverage in violation of section 340A.503 if the person used a drivers license, permit or Minnesota identification card to purchase or attempt to purchase the alcoholic beverage: or (2) is convicted under section 171.22, subdivision 1, clause (2), or 340A.503. subdivision i 2, clause (3). of lending or knowingly permitting a person under the age of 21 years to use the person's drivels license, permit or Minnesota identification card to purchase or attempt to purchase an alcoholic beverage; (3) is under the age of 18 years and is found by a court to have committed a petty misdemeanor under section 609.685, subdivision 3, if the person used a driver's license, permit. or Minnesota identification card to purchase or attempt to purchase the tobacco product: or (4) is convicted under section 171.22, subdivision 1. clause (2). of lending or knowingly permitting a person under the age of 18 years to use the person's driver's license. permit, or Minnesota identification card to purchase or attempt to purchase a tobacco product. Sec. 2. Minnesota Statutes 1996, section 260.195. subdivision 3, is amended to read: Subd. 3. [DISPOSITIONS.] If the juvenile court finds that a child is a petty offender, the court may: (a) require the child to pay a fine of up to 5100: (b) require the child to participate in a community service project: (c) require the child to participate in a drug awareness program; (d) place the child on probation for up to six months; (e) order the child to undergo a chemical dependency evaluation and if warranted by this evaluation, order participation by the child in an outpatient chemical dependency treatment program; • (f) order the child to make restitution to the victim: or (g) perform any other activities or participate in any other outpatient treatment programs ff deemed appropriate by the court. In all cases where the juvenile court finds that a child has purchased or attempted to • purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's license or permit to drive, and if the child used a driver's license, permit or Minnesota identification card to purchase or attempt to purchase the alcoholic beverage, the court shall forward its finding in the case and the child's driver's license or permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend the child's license or permit for a period of 90 days. In all cases where the juvenile court finds that a child has purchased or attempted to purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's license or permit to drive, and if the child used a driver's license, permit, or Minnesota identification card to purchase or attempt to purchase tobacco, the court shall forward its finding in the case and the child's driver's license or permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend the child's license or permit for a period of 90 days. - None of the dispositional alternatives described in clauses (a) to (f) shall be imposed by the court in a manner which would cause an undue hardship upon the child. Sec. 3. Minnesota Statutes 1996, section 260.195, subdivision 3a, is amended to read: Subd. 3a. [ENHANCED DISPOSITIONS.] If the juvenile court finds that a child has committed a second or subsequent juvenile alcohol or controlled substance offense. the court may impose any of the dispositional alternatives described in paragraphs (a) to (c). If the juvenile court finds that a child has commined a second or subsequent juvenile tobacco offense. the court may impose any of the dispositional alternatives described in paragraphs (a) to (c). (a) The court may impose any of the dispositional altematives described in subdivision 3. clauses (a) to (f). (b) If the adjudicated petty offender has a drivels license or permit, the court may forward the license or permit to the commissioner of public safety. The commissioner shall revoke the peny offender's driver's license or permit until the offender reaches the age of 18 years or for a period of one year, whichever is longer. (c) If the adjudicated petty offender has a driver's license or permit. the court ma} suspend the driver's license or permit for a period of up to 90 days, but may allow the offender driving privileges as necessary to travel to and from work. (d) If the adjudicated petty offender does not have a driver's license or permit. the court may prepare an order of denial of driving privileges. The order must provide that the petty offender will not be granted driving privileges until the offender reaches the age of 18 years or for a period of one year, whichever is longer. The court shall forward the order to the commissioner of public safety. The commissioner shall deny the offender's eligibility for a driver's license under section 171.04, for the period stated in the court order. Sec. 4. Minnesota Statutes 1996. section 461.12, is amended to read: 461.12 [MUNICIPAL TOBACCO LICENSE.] Subdivision 1. [AUTHORIZATION.) A town board or the governing body of a home rule charter or statutory city may license and regulate the retail sale tobacco as defined in section 609.685. subdivision 1, and establish a license fee for sales to recover the estimated cost of 2 • • enforcing this chapter. The county board may shall license and regulate the sale of tobacco in unorganized territory. of the county and in a town or a home rule charter or statutory city if the town or city does not license and regulate retail tobacco sales. Retail establishments licensed by a town or city to sell tobacco are not required to obtain a second license for the same location under the licensing ordinance of the county. Subd. 2. [ADMINISTRATIVE PENALTIES; LICENSEES.) If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed, and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Subd. 3. [ADMINISTRATIVE PENALTY; INDIVIDUALS.] An individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Subd. 4. [MINORS.) The licensing authority shall consult with interested educators, parents. children. and representatives of the court system to develop alternative penalties for minors who purchase, possess. and consume tobacco. The licensing authority and the interested persons shall consider a variety of options, including, but not limited to, tobacco free education programs. notice to schools. parents. community service, and other court diversion programs. Subd. 5. [COMPLIANCE CHECKS.] A licensing authority shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with section 609.685. Compliance checks must involve minors over the age of 15. but under the age of 18, who. with the prior wTitten consent of a parent or guardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer or an employee of the licensing authority. Subd. 6. [DEFENSE.) It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 years in violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof of age as described in section 340A.503, subdivision 6. Subd. 7. [JUDICIAL REVIEW.] Any person aggrieved by a decision under subdivision 2 or 3 may have the decision reviewed in the district court in the same manner and procedure as provided in section 462.361. Sec. 5. [461.17] [MANUFACTURERS TO REPORT CERTAIN SUBSTANCES TO • ASSIST IN ENFORCEMENT OF LOCAL ORDINANCES.) 1 Subdivision 1. [ANNUAL REPORT REQUIRED.] Each manufacturer of tobacco •' products sold in Minnesota shall provide the commissioner of health with an annual report, either on paper or by electronic means. The report shall be provided in a form and at a time specified by the commissioner, identifying, for each brand of such product, any of the following substances present in detectable levels in the product in its unburned state and if the product is typically burned when consumed, in its burned state: (1) ammonia or any compound of ammonia; (2) arsenic; (3) cadmium; (4) formaldehyde; and (5) lead. The form for annual reports under this section is not a rule for purposes of chapter 14, including section 14.386. Subd. 2. [ASSISTANCE TO LOCAL GOVERNMENTS.] Upon request, the commissioner shall provide a local government unit with a copy of reports filed under this section, to assist in the enforcement of local ordinances. Subd. 3. [PUBLIC DATA.] Reports under this section are public data. Sec. 6. [461.181 [SELF- SERVICE SALES RESTRICTED.) Subdivision 1. (SELF- SERVICE SALES OF SINGLE PACKAGES RESTRICTED.) (a) No person shall offer for sale single packages of cigarettes or smokeless tobacco in open displays which are accessible to the public without the intervention of a store employee. (b) Cartons and other multipack units may be offered and sold through open displays accessible to the public. (c) Paragraph (b) expires on the effective date of subdivision 3. (d) This subdivision shall not apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco - related products and which cannot be entered at any time by persons younger than 18 years of age. Subd. 2. [VENDING MACHINE SALES PROHIBITED.] No person shall sell tobacco products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. Subd. 3. [FEDERAL REGULATIONS.] Code of Federal Regulations. title 21. part 897.16(c). is incorporated by reference with respect to cartons and other multipack units. Sec. 7. [461.191 [EFFECT ON LOCAL ORDINANCE: NOTICE.) Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more restrictive regulation of tobacco sales. A governing body shall give notice'of its intention to consider adoption or substantial amendment of any local ordinance required under section 4 or permitted under this section. The governing body shall take reasonable steps to send notice by mail at least 30 days prior to the meeting to the last known address of each licensee or person required to hold a license under section 4. The notice shall state the time, place, and date of the meeting and the subject matter of the proposed ordinance. Sec. 8. [REPEALER.] Minnesota Statutes 1996. section 325E.075, is repealed. 4 • • Sec. 9. [EFFECTIVE DATE.] Section 6, subdivision 3, is effective upon the implementation of Code of Federal Regulations, title 21, part 897.16(c). Minnesota Statutes • Related to Restricting Youth Access To Tobacco Products 609.685 SALE OF TOBACCO TO CHILDREN Subdivision I. Definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section. (a) "Tobacco' means cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweeping of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. (b) 'Tobacco related devices" means cigarette papers or pipes for smoking. Subd. la. Gross misdemeanor. (a) Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. Subd. 2. Misdemeanor. Whoever furnishes tobacco or tobacco - related devices to a person under the age of 18 years is guilty of a misdemeanor. Subd. 3. Petty misdemeanor. Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training, education, research or enforcement purposes. Subd. 4. Effect on local ordinances. Nothing in subdivision 1 to 3 shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivision 1 to 3. Subd. 5. Exception. Nothwithstanding subdivision 2, an Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For • purposes of this subdivision, an Indian is a person who is a member of an Indian tribe as.defined in section 257.351, subdivision 9. g -� • History: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1, 2; 1986 c 352 s 4; 1989 c 290 art 3 s 33, 34; 1992 c 588 s 1; 1993 c 224 art 9 s 44, 45; 1994 c 636 art 2 s 44 DISTRIBUTION OF TOBACCO PRODUCTS 325F.76 DEFINITIONS. Subdivision 1. Terms. For the purposes of section 325F.76 to 325F.78, the terms defined in this section have the meanings given them. Subd. 2. Chewing tobacco. "Chewing tobacco" means loose tobacco or a flat compressed cake of tobacco that is inserted into the mouth. Subd. 3. Distribute. "Distribute" means to give products to the general public at no cost or at nominal cost for product promotional purposes. Subd. 4. Package. "Package' means a pack, box, or container of any kind in which a smokeless tobacco product is offered for sale, sold, or otherwise distributed. Subd. 5. Person. "Person" means any individual, partnership, corporation, or other business or legal entity. Subd. 6. Smokeless tobacco. "Smokeless tobacco" means chewing tobacco or tobacco snuff. Subd. 7. Tobacco snuff. 'Tobacco snuff' means a small amount of shredded, powdered or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth of an individual user. History: 1986 c 352 s 1 325F.77 PROMOTIONAL DISTRIBUTION Subdivision 1. [Repealed, 1987 c 399 s 51 Subd. 2. [Repealed, 1987 c 399 s 5] Subd. 3. Legislative intent. Because the state prohibits both the use of tobacco products by minors and the furnishing of tobacco products to minors, and because the enforcement of an age - related restriction on the promotional distribution of tobacco products is impractical and ineffective, it is the intent • of the legislature to control the distribution of these products and discourage illegal activity by prohibiting all promotional distribution, except as allowed • in this section. Subd. 4. Prohibition. No person shall distribute smokeless tobacco products or cigarettes, cigars, pipe tobacco, or other tobacco products suitable for smoking, except that single serving samples of tobacco may be distributed in tobacco stores. History: 1986 c 352 s 2; 1987 c 399 s 3,4 340A.503 PERSONS UNDER 21; ILLEGAL ACTS Subd. 6. Proof of age; defense. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; or (3) in the case of a foreign national, from a nation other than Canada, by a valid passport. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or giving the alcoholic beverage. History: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 15Z,art 1 s 1; 1989 c 301 s 13, 14; 1990 c 602 art 5 s 2-4; 1991 c 68 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 s 67; 1996 c 323 s 4; 1996 c 442 s 24 (Note: The above statute is used for proof of age for purchasing both alcoholic beverages and tobacco products. See s609.685 Subd.lb.J February 1997 • Minnesota Statute Section 144.391 Legislative statement on public policy about youth smoking The legislature finds that: (1) smoking causes premature death, disability, and chronic disease, including cancer and heart disease, and lung disease; (2) smoking related diseases result in excess medical care costs; and (3) smoking initiation occurs primarily in adolescence. The legislature desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air. MST: 1Sp1985 c 14 art 19 s 13 11 • Model Tobacco Ordinance 1997 Edition Ordinance # An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the (county, city, or township) and to reduce the illegal sale, possession, and use of such items to and by minors. The (County Board, City Council, Town Board) of Ordains: (Note Use whatever adoption language is required for your particular branch of government.) 0 Section 100. Purpose. Because the (county, city, township) recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies, which are hereby accepted and adopted, (Note List the specific studies and reports used, if any) have shown that most smokers begin smoking • before they have reached the age of 18 years and that those persons who reach the age of 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 minors 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 as stated in Minn. Stat. § 144.391. Section 200. 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 tenn "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1 Tobacco or Tobacco Products. °Tobacco' or "Tobaccs- 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; 2 League of Minnesota Cities/g/97 • granulated, plug cut, crimp cut, 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. '(, 'ote This definition expands on the statutory definition to be more inclusive. See Minn. Stat. §609.685) Subd. 2 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. Subd. 3 Self- Service Merchandising "Self- Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall 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. fillote Under the FDA tobacco regulations adopted in 1996, self - service sales are interpreted as being any sale where there is not an actual physical exchange of the tobacco between the clerk and the customer). • Subd. 4 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. ( Vote : At least one jurisdiction has ruled that a device by which an employee must insert the money in order to operate the machine is not a vending machine for the purpose of this type of ordinance). Subd. 5. 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 snore than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6 Loosies "Loosies" shall mean the common tern used to refer to a single or individually packaged cigarette. • League of Minnesota Cities/8 /97 Subd. 7 Minor. "Minor" shall mean any natural person who has not yet reached the age • of eighteen (18) years. Subd. 8 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, and restaurants. Subd. 9 Moveable Place of Business_ "Moveable 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. Subd. 10 Sale A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Subd. I I Compliance Checks "Compliance Checks" shall mean the system the (county, city, or township) 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. Section 300 License. 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 (county, city, township). Subd.I Application An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be [Wade on a form provided by the (county, city, township). 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 (list appropriate official) shall forward the application to (fill in licensing entity or person authorized to grant license) for action at its next regularly scheduled council meeting. If the (designated application recipient) shall determine that an application is incomplete, he or she shall • League of Mimesou Cities/8/97 return the application to the applicant with notice of the information necessary to make • the application complete. Subd. 2 Action The (county board, city council, town board, or designated official) 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. (Note: The county, city, or township may want to provide for a background check before the application is forwarded for action. In such a case, the application should be forwarded to the investigating body within a reasonable period of time, and the background check should be completed within ten days. The application and investigation results would then be forwarded to the licensing authority or designated official for action.) If the (designated licensing official or body) shall approve the license, the _ (designated official) shall issue the license to the applicant. If the (designated licensing official or body) 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. Subd. 3 Term. All licenses issued under this ordinance shall be valid for one calendar year from the date of issue. (Note: The county, city, or township may provide that all licenses expire on a specific date.) Subd. 4 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. Subd. 5 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 (fill in appropriate body or person). Subd. 6 Moveable Place of Business No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 7 Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8 Renewals The renewal of a license 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 thirty days but no more than sixty days before the expiration of the current license. • League of Minnesota Cities/g /97 (Note A different timeline may be used.)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. Section 400. Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license under this ordinance shall be $ . (Note Minnesota Session Laws 1997, Chapter 227, authorizes a license fee sufficient to cover the cost of issuing the license and the anticipated expenses costs of enforcing the ordinance. Fees may also be set in a fee schedule which is then adopted by reference in this Section. Further, some licensing authorities across the country have started using a variable rate fee system under which the amount of the fee charged depends on the type of sales to be allowed. In addition, some cities have offered discounts to retailers who agree to comply with special provisions such as providing training to their clerks. This exact type of fee system has not been tested in Minnesota Courts, but should be defensible if structured properly.) Section 500. 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 by law, the existence of any particular ground for denial does not mean that the (county, city, or township) 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: (Naig: The following is not an exclusive nor exhaustive list, but it does represent the most common and defendable grounds for denial of the license. A licensing authority cannot act arbitrarily or capriciously when deciding whether or not to deny a license. Further, an applicant is entitled to a certain amount of due process before being denied a license.) A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five 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. (Note The five year ban is a common number but it could be modified. Bans longer than five years, however, are more risky.) C. The applicant has had a license to sell tobacco, tobacco producis, or tobacco related devices revoked within the preceding twelve 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 other local law, ordinance, or other regulation, from holding such a license. 0 • League of Wanesou Cities/8/97 Section 600. 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. (Note See Section 700, "Vending Machines ".) C. By means of self - service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to rcceive the tobacco, tobacco product, or tobacco related device and whereby the 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. ( ote See discussion under Section 800, "Self Service ".) D. By means of loosies as defined in Section 200 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. ( Note : State law will require the disclosure of substances such as arsenic, lead, ammonia, cadmium, and formaldehyde found in or produced by cigarettes. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. Counties, cities, or townships with concerns about "enhanced" cigarettes should contact the an attorney for additional information.) F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local laµ ordinance provision, or other regulation. Section 700 Vending machines. ( Vote : The county, city, or township will need to make choices in this section and may combine parts of different options.) Option #1 : It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the trtgans of a vending machine. (Note Because this provision is more restrictive than its comparable FDA regulation, a city seeking an absolute ban on vending machines, which has been upheld by the courts, would need to seek a preemption waiver.) Option #2: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless • League of Minnesota Cities/6 /97 minors are at all times prohibited from entering the licensed establishment. ( �V, ore This option • mirrors both the State and Federal laws.) Section 800. 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 means where by 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 a physical exchange of the tobacco, tobacco product, or the 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, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within _ days (Note Fill in the blank. The county, city, or township will need to determine a reasonable time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units.) following the effective date of this ordinance. ( Note : Under State law, the self - service sale of cartons and multi -packs shall be allowed until such time as the FDA regulations take full effect (August 28, 1997 target date pending outcome of a Federal lawsuit) at which time all self - service sales of would be banned. The FDA contains an exemption for stores where minors are, at all times, prohibited from entering. The State law further restricts this exemption to stores that generate ninety (90) percent or more of their revenues from the sale tobacco and tobacco related products. Counties, cities, and townships have the option of adopting the State exemption language or allowing no exceptions. If no exceptions are allowed, an FDA preemption waiver will be required. Further, the State and Federal regulations on self- service sales only apply to cigarettes and smokeless tobacco. Local licensing authorities could, therefore, exempt cigars and other forms of tobacco without seeking a waiver.) Section 900. 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 (county, city, or township) from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State or Federal law, or other applicable law or regulation. Section 1000. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the (local law enforcement) or other authorized (county, city, or township) official during regular business hours. From time to time, but at least once per year, the (county, city, or township) shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related • League of Minnesota Cities/8 /97 • devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated (county, city, or township) personnel. Minors used for 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 Section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. (Note State law now mandates at least one unannounced compliance check per year for each licensed establishment.) Section 1100. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this ordinance. Subd. 1 Illegal Sales It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, Subd. 2 Illeeal 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 • subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3 Illeeal 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. Subd. 4 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 subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5 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. 0 League of Minnesota Cities /8197 Section 1200 Violations. (Note This Section attempts to implement the administrative • penalty provisions now required by State law.) Subd. I 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. Subd. 2 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. Subd. 3 Hearing Officer (Note Fill in the blank) shall serve as the hearing officer. (Note The county board, city council, town board, or an independent hearing officer or hearing panel can be appointed.) Subd. 4 Decision If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under Section 1300 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. Subd. 5 Appeals Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the (county, city, or township) in which the alleged violation occurred. Subd. F Misdemeanor Prosecution Nothing in this Section shall prohibit the (county, city, or township) from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the (county, city, or township) elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (Note It is clear that the intent of the State law is to impose an administrative remedy for violations. However, nothing in the law appears to prohibit misdemeanor prosecutions as generally authorized for ordinance violations if the county, city, or township believes a particular situation warrants prosecution. Further, administrative penalties are generally not considered criminal punishment for the purpose of double jeopardy. Therefore, it would be possible to prosecute an ordinance as a misdemeanor while simultaneously imposing the administrative penalties. Each entity, however, will need to determine whether or not it is comfortable seeking two types of penalties. If both penalties -are to be imposed, the last sentence of the subdivision text needs to be removed. In addition, prosecution solely under State law remains an option.) L J League of Knnesoia Cifie" /97 t i Subd. 7 Continued Violation Each violation, and every day in which a violation • occurs or continues, shall constitute a separate offense. Section 1300 Penalties. (Note The amounts set forth below are the State minimums. Counties, cities, or townships may impose higher fines, etc., although reasonableness must still be the standard. In addition, some entities prefer to adopt a fine schedule which could be referenced here instead of listing each fine.) Subd. 1 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 for a first violation of this ordinance; $200 for a second offense at the same licensed premises within a twenty-four month period; and $250 for a third or subsequent offense at the same location within a twenty-four month period. In addition, after the third offense, the license shall be suspended for not less than seven days. Subd. 2 Other individuals Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fee of $50. (1V9te The State law imposes this administrative penalty on anybody other than the licensee who sells tobacco to minors. The law is silent on imposing administrative penalties to those who provide but do not sell tobacco to minors. Counties, cities, and townships, however, could impose an administrative penalty as • provided in this subdivision.) Subd. 3 Minors Minors found in unlay. U possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be _ . (Note The state law requires the licensing authority to consult with interested parties of the courts, educators, parents, and children, to develop an appropriate penalty for minors in that particular community. The penalty does not have to be in the form of a fine. It could include tobacco related education classes, diversion programs, community services, or other penalty the city believes will be appropriate and effective.) Subd. 4 Misdemeanor Nothing in this Section shall prohibit the (county, city, or township) from seeking prosecution as a misdemeanor for any violation of this ordinance. (&& Note in Section 1200, subd. 6.) Section 1400. 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 r mably relied on proof of age as described by State law. • League of Mionesou Citie"197 1 I Section 1500 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 serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. Section 1600 Effective Date. This ordinance shall take effect (Note Fill in the time at which the ordinance will take effect. For example, unless otherwise provided for in the ordinance or by city charter, ordinances for cities take effect after publication) 0 12 • League of Minnesou Cifies/8l97 0 Other Ordinance Provisions and Approaches The following provisions are additional approaches to curb youth access to tobacco, tobacco products, and tobacco related devices. These provisions, however, tend to be less effective, riskier, or simply not within the scope of regulation many counties, cities, or townships wish to impose. Point -of -Sale Advertising. Point -of -sale advertising restrictions seek to eliminate the use of advertising methods such as clocks, colorful banners, grocery check -out lane dividers, etc. These forms of advertisements frequently use characters or symbols found to be highly recognizable and attractive to minors. The City of Preston, Minnesota was the first city to adopt an ordinance which sought to limit or prohibit most forms of advertising at the point of sale except for limited black and white, text/numeric only "tombstone" signs. This ordinance was struck down by the courts, with an emphasis being placed on the fact that the ordinance was not content neutral. While a less restrictive ordinance might be upheld, any ordinance of this type is highly subject to challenge. Point -of -sale advertising restrictions are contained in the FDA tobacco regulations scheduled to take effect August 28, 1997 if they are ultimately upheld by the Courts. • Billboards. Related to point -of -sale advertising bans, some local governments have sought to prohibit the use of billboards for advertising tobacco, tobacco products, and tobacco related devices. The City of Baltimore, Maryland has a comprehensive ordinance restricting tobacco related billboards that was ultimately upheld by the courts following several legal challenges. While no Minnesota city has yet adopted such a ban, several cities have adopted zoning regulations restricting all billboards in the city limits. This comprehensive zoning approach has generally been upheld by the courts. If upheld, the FDA tobacco regulations will regulate tobacco billboards. Free Distribution Prohibition. Most forms of free distribution of tobacco and tobacco products are prohibited by State law, and few licensing authorities have had a problem with this issue and thus have not regulated it. Onc problem that still arises is the use of promotional activities where a person can trade in coupons, proofs -of- purchase, etc. for free samples. Such activities will be restricted by the FDA tobacco regulations. Tracking this form of violation, however, is difficult and it is not totally clear which laws would apply to this situation. Use of Gifts. In addition to the free distribution of tobacco and tobacco products, some licensing authorities would like to regulate other free promotional activities. The idea of restricting free gifts is to eliminate the enticement of young people through flashy give away items such as leatherjackets with brand names, etc. Even small items like lighters and frisbees • 13 League of Minnesota Cities/8/97 can be viewed as enticements to use a particular brand and at least indirectly encouraging minors • to attempt to illegally obtain tobacco or tobacco products. Again, however, regulating such promotional schemes raise constitutional challenges that would need to be overcome and thus such restrictions are highly subject to costly litigation. The FDA tobacco regulations greatly restrict the use of such items. Require Training Workshops. A few local governments have imposed requirements that all licensees and their employees attend workshops on the problem of youth smoking, when to requ identification, how to recognize false identifications, and general procedures for conducting sales and dealing with problems that may arise. These training opportunities are limited but increasing in popularity. Before a licensing authority decides to impose this requirement, it needs to find a program it is satisfied with that will meet the training requirements and achieve the results desired. Restrict the Age of Clerks. At least two Minnesota cities prohibit anyone under the age of eighteen from selling tobacco, tobacco products, and tobacco related devices. Under this type of ordinance provision, a 16 or 17 year old clerk would need to request that a clerk who has reached the age of at least 18 years assist a customer seeking to a restricted item. While there is no express statutory authority for this type of restriction, it is more likely to present logistical and not legal problems. Restrictions of this nature are generally based on the similar language used by statute for the sale of alcoholic beverages. Before adopting this type of restriction, a licensing authority should consider the potential impact on the job market for minors, as well as employee availability for merchants. Restrict Location of Sales. This approach is very common for liquor sales, adult uses, and other types of activities considered hannful to minors, and it should be equally defendable for tobacco licensing. Through a combination of the licensing and zoning ordinances, the licensing authority can make it illegal to sell tobacco, tobacco products, and tobacco related devices within certain districts and within certain setback distances from other uses. For example, the licensing authority could prohibit sales within 500 feet of schools, churches, residential areas, and other common areas frequented by minors. Signage. Licensees could be required to post signs indicating that it is illegal to sell tobacco, tobacco products, and tobacco related devices to anyone under the age of 18 years, and that the possession and use of such items by minors is also illegal under both State law and the local ordinance. Such signs give notice to the minors and serve as reminders to clerks to check identifications when there is any doubt about a person being of legal age. Before adopting this requirement, a licensing authority should determine the type of signs it would want, and perhaps consider providing them as a part of issuing the license (the cost could be incorporated into the license fee or billed separately). 14 League of Knnesota Cities/8/97 • • Sponsorship of events at public locations. Some local governments have adopted policies prohibiting tobacco companies from advertising at public parks, etc. and any private group using the public facility must agree not to allow tobacco based sponsors to advertise by means of car painting, placards, billboards, clothing ,etc. There are some potential constitutional challenges to this type of restriction based on equal protection and free speech, but if done correctly, this regulation has worked and should be defensible. The FDA tobacco regulations greatly restrict sponsorship activities. 0 League of Knnesosa Cities /8/97 I5 C; M E M D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Activating Delayed Assessments for Letting No. 4/Project No. 95 -04 Osgood/Hayden Additions and Surrounding Area DATE: November 6, 1997 After discussions with City Attorney Barry Anderson and staff, we are recommending activating the delayed assessments for the above referenced project. A portion of the street assessment was delayed until issues relating to the quality of the street construction were addressed. We are recommending activation based on the following: is ► Street construction has been completed by the Contractor based on recommendations from the City's consultant, American Engineering Testing. ► Although all work was not completed exactly according to our requirements, the consultant can not identify any significant problems with the construction that would profoundly effect the overall quality of the project. Based on American Engineering Testing review, they also can not identify any issues that would indicate that the project will have a shorter life than originally designed. ► As houses are being sold, these "delayed" assessments continue to bean issue with buyers and sellers. The assessments are proposed to be activated as follows: Notices will be sent out following the Council meeting, giving the residents until December 15 to pay the delayed assessment without interest. The principle amount will be activated with no additional accrued interest for the period that the assessment was delayed. Payments shall be over a 10 -year period, instead of the S remaining on the original bond. Please note that the following project issues remain: ► There is a significant "Punch List" of defective work on boulevards, driveways and sidewalks that needs to be completed by the Contractor. ► There are some claims for damages that the Contractor has not appropriately addressed. City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (320) 587 -5151 (320) 587 -2975 (320) 587 -2242 Fax (320) 2344240 Fax (320) 2344240 —�� Far (320) 587 -6427 Printed on recycled paper - ® R A N Page 2 - November 6, 1997 Osgood/Hayden We are continuing to have problems getting the Contractor to complete this work. We are sending • a certified letter listing all "Punch List' items and damage claims to the Contractor and his bonding agency. The project will not be finalized until these items are addressed. Barry and I will work on addressing these issues with both the Contractor and the residents. The Contract for this project notes that the warranty period will be for one year after the project is finalized. Based on this, and the fact that the project will not be completed until next summer, we will have a warranty on this project until the summer of 1999. We propose to continue to review issues of concern related to the street for this period, and will receive assurances from the Contractor prior to contract finalization that they will agree to address any and correct any observable deficiencies during this period. cc: Barry Anderson- City Attorney Dan Sarff- Bolton & Menk (Willmar) Cal Rice - Assistant City Engineer file: 951L4 1 0 RESOLUTION NO. 10932 RESOLUTION ACTIVATING DE FERRED /DELAYED ASSESSMENT • ASSESSMENT ROLL NO. 302A (a /k /a SA -5019) LETTING NO. 4 /PROJECT NO. 95 -04 WHEREAS, a portion of the assessment for the improvement of Hayden Avenue, Osgood Avenue and Fischer Street and Lake Street from Roberts Road to 2nd Avenue SW and Lewis Avenue from Lake Street to 1000' East and 5th Avenue SW from Dale Street to Fischer Street by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, concrete curb and gutter, bituminous base and surfacing, and appurtenances was delayed until issues relating to the quality of the street construction were addressed; and WHEREAS, the street construction has been completed by the Contractor based on recommendations from the City's consultant, American Engineering Testing; and WHEREAS, the City proposes to activate said assessments under Assessment Roll No. 5019, with no addition accrued interest for the period that the assessments were delayed, with payments over a 10 year period at the original interest rate of 5.13 %. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed activation of said assessments is hereby approved, and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the fast of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 5.13 percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 15, 1997, until the 31st day of December, 1998 To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by the 15th day of December, 1997; and he may, at any time thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 10th day of November, 1997. Mayor City Administrator r1 LJ C M E M 0 D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Discussion of Assessments for Morningside Development ( Santlemans' 3rd Add.) DATE: November 5, 1997 Dean Limoge of Morningside Land Development is considering how to complete his development in Santleman's 3rd Addition, west of Michigan Street and south of Hilltop Drive. This road, and the related utilities, were constructed at the time that Clifton Heights was annexed in order to provide for utility service and street access. Service extension were not included through this area, and all assessments were deferred. Now that development is proposed, service extensions will require removal and replacement of significant portions of the street, and will add expense to the developer. Mr. Limoge has asked that the City consider the added cost to his property due to the previous infrastructure development that occurred in 1975 - 1990, prior to this area being platted in 1993. Total assessable footage: 770.82 if Total deferred assessments: $118,808.54 (1975 through 1990 1including interest) Additional cost to provide services: $ 30,912.00 (Estimate from Juul Contracting) Wear Course (192M $ 9.300.00 (City estimate) TOTAL EXPECTED COST $149,720.54 (11 lots, 66foot lot typical) Cost per lot: $14,456.41 Cost per lineal foot: $20630 assessment: • assessment: $120-150 The total cost to serve these lots does appear to be significantly higher than normal. Mr. Limoge is proposing to construct low -to- moderate cost 2 or 3 unit townhomes in this area. Due to the high level of assessments, he is concerned that he can not keep the cost of these units to an appropriate level. He also has noted that it appears that the cost of these services greatly exceeds the benefit. City Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street S W Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (320) 587.5151 (320) 587 -2975 Fax 2344240 — (320) 587 -2242 Fax (320) 587.6427 Fax (310) 2344240 (320) + - Printed on recycled paper - O R A N If the Council is willing to consider Mr. Limoge's request, a suggestion may he to have the City • complete the repairs to the bituminous caused by service construction, and complete the bituminous wear course. This would reduce the assessment by approximately $20,000 and the cost per lot by approximately $1,800, bringing it closer to the high end of expected assessments. Assessments for the bituminous wear course may or may not still be proposed for the north side of Hilltop Drive. This is proposed as a starting point for discussion. Please let me know how you would like to proceed with these discussions. cc: Cal w/ attachments 0 Ll N • SWIET I r S"Un SANTELMAN'S THIRD ADDITION 1993 i I I 1 1 , - II_ . nar _._.. s r,rl.l•,n ..n. •.Y. i II I$ I ✓. a •�, -- --- - -� -c to %: � .' �-- L 1 9. I �l RaI '•fG r _ I N' r W r l 14 '� I nPo._•. 6 ..r.xp¢ 6 �� I .•Isla r.r.av mil_ IS I •• B4 ~ a^ t CK 2 VI - _ _ ::: ,. Q 1 1 .r fin•,_ IWII - I r f 3 4 S 6'.. 11 _ I I r.IrY•. M• _I Z I Q � FI I_L�.If :.IJL�I.,rC 8 A' 1j4ar • t:�mr. I I 6 L L J \ ' � i til♦ -'•i'I ,w��- a•.rr 8 � -M Mar aar I 3_ + to u r I — •' , BL 1 _ _ _ _ Y •Y� 4•II• ,.r 1 . � �_ - !'�tT"t L C' 01� -. + , i�i•I N( Y. I .,I •. • •. _i C; M E M D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Discussion of TH 22 Bypass and 5th Avenue SE Annexation/Construction Issues DATE: November 6, 1997 City staff and HCDC has been working with McLeod County and SRF Consulting on the TH 22 bypass project for some time. This discussion has included issues related to the realignment of 5th Avenue SE (a.k.a. Arch Street) from the current city limits to the proposed bypass. Construction of the bypass and 5th Avenue SE is still proposed for 1998. Issues that need to be resolved, and discussions to date, relate to which governmental entity will build and maintain 5th Avenue SE are • as follows: 1. In previous discussions, the City agreed to acquire the right -of -way up to the east side of Wetherall's property. It has been assumed that HCDC will purchase this property, and then dedicate the right -of -way (100'). This funding will come from approved, dedicated City capital funds. 2. Right -of -way will also be required from Eggert's, just to the west of Wetheralls' (north of Hutchinson Iron & Metal). It is assumed that this will be purchased from improvement bonds. 3. No State Aid funding sources are available for any of this work. 4. Hassan Valley Township has previously indicated that they do not want to involved in the acquisition and maintenance of the new portion of 5th Avenue SE proposed outside of the City limits. 5. The City has previously proposed to annex both the Eggert and Wetherall properties. Recent discussions have focused on the potential for annexing the property on both sides of the proposed 5th Avenue SE out to the TH 22 bypass. This would allow the City to provide the maintenance within the area without special agreements, collect the taxes to help pay for the maintenance, and control the development along this important corridor into the City. This would require discussions with Hassan Valley and the effected property owners. 6. The City previously proposed a full urban section through the City portion of the project, but due to additional industrial property becoming available, and the inability to feasibly provide utility infrastructure, it is proposed to construct a rural section with enough right -of -way to construct . utilities in the ditch in the future, when required for development purposes. City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (320) 587 -5151 (310) 587 -2975 �f — (320) 587 -2242 Fax (320) 134-4240 Fax (320) 2344240 X — y l I Fax (320) 587 -6417 Printed on recycled paper - 0 R A N Page 2 - November 6. 1997 TH 22 Bypass /5th Ave. SE The current proposal for 5th Avenue SE is for all the work to be completed by SRF Consulting for the County, including any work in the City limits. The County previously proposed to acquire and pay for all right -of -way east of Wetherall's, and construct the entire new route to rural standards (55 mph design, gravel surface). It was noted by the City and HCDC that this route needed to have a bituminous surface in order to serve the function that it is proposed for. Discussions focused on the County agreeing to pave the entire route to a 28' width if the City agreed to pay for the section up to the east side of the Wetherell property. It is assumed that this cost would come out of City improvement bonds. The City will need to develop agreements with McLeod County and Hassan Valley Township regarding these matters. Based on this review, my recommendations would be as follows: ► Complete the acquisition of the Wetherell property ASAP, and dedicate the required R -O -W. ► Proceed with the acquisition of the R -O -W from the Eggert's. ► Agree to maintain proposed 5th Avenue SE if the following conditions are met. ► Agree to pay for the paving from the RR tracks to the east side of the Wetherall property, if the County paves the remainder. No sewer or water infrastructure is proposed at this time. ► Consider annexing the entire corridor from the current City limits to the proposed TH 22 bypass. U cc: Rick Kjonaas - McLeod County Engineer Dick Lennes - HCDC John Olson - Assistant Public Works Director Bang Anderson - City Attorney Ken Merrill - Finance Director file: 98/L2 (5th Avenue SE) • Hutchinson City Center 0 111 Hassan Street SE Hutchin )n, NN 55350-2522 320- 587.5151/Fax 320 - 234 -4240 Ft :� TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works James Marka, Director of Building/Planning /Zoning RE: Sanitary Sewer Service to Jefferson Street Parcels in Hassan Valley Township DATE: November 10, 1997 We have been working with the County, township and several residents for several months on the potential for providing sanitary sewer service to parcels that are having, or are expected to have, problems being served with septic systems. Despite our best efforts to have full cooperation in developing a comprehensive plan for serving this area, the other governmental agencies and a majority of the residents do not appear interested in resolving this issue at this time. We do, however, have a couple of non -city residents who have an immediate need for sanitary sewer service from the City. The site limitations on their parcels make it unfeasible to construct a properly operating and licensed septic system. They have requested connection to the municipal system. Our discussions, based on the policy previously of the Council, has been that this would be possible only if no costs were incurred by the City. Previous actions have also raised questions about the ability of these property owners to utilize the 12' utility and drainage easements on adjacent private property. City Attorney Barry Anderson has determined that this is possible if the City Council that it is for a public benefit. Based on this discussion, we would recommend approval of allowing the connections of the two properties requesting service if: 0 ...the property owners agree to proceeding with annexation ...the property owners agree to pay the City the $490 Trunk Access Fee and the estimated $2,200 future sanitary sewer lateral cost for Jefferson Street ...the property owners pay all other costs to complete the connections from their homes to the sanitary sewer line in Elk Drive, including full restoration of all disturbed property to previously existing conditions. It is proposed to allow the property owners to have the costs incurred off their property assessed over a 10 -year period. ...the City approve use of the utility and drainage easement for the public benefit. file: Jefferson Street H: IPROJEC7UEFFER -LVGPD PnNN on r,yded paper - 9-4- ✓t�ia �/ , `J cl , j co w _ _ i-o a .` CL r oad U2r_c l Vt� - I P\ n � f r arL 40 u_ o w A _ )k2_ r -9- 410 1 ,- 4 - w hcx d 1 5 -- e.. LVCL Kr I wo rA Q i n /-e �k , wip AOLv-e- -4 0 �« JU0i � �r- c( C-4en� r o c2 d o /e s raj 4 i rII- 44X 4ISo U 6 UVr �1Du52. 7Xe 'll i SO w.e k)C rl b-ee r CA,- - 001tt- a 'n C-4 wo L d 1 k 4o <�-e r, o Q f cL K e� C�Cce / CQ 1A S tuou 1 d �ie u S cZ �o . ✓t�ia �/ , . RESOLUTION NO. / 934 RESOLUTION ADOPTING AMENDED ASSESSMENT ASSESSMENT ROLL NO. 5007 LETTING NO. 6 /PROJECT NO. 97 -02, 97 -19, 97 -21, 97 -23, 97 -24 WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of: Project No. 97 -02 South Grade Road SW East of Otter Lake by construction of shoulder widening, grading, gravel base, curb and gutter, bituminous base, bituminous wear course and appurtenances; and Project No. 97 -13 Sidewalk Improvements - City Wide Project No. 97 -14 Municipal Parking Lot "E' in Block 50, North 1 /5 City between Washington Ave W and 1st Ave NW; and Project No. 97 -15 Century Avenue SE by construction of turn lane; and Project No. 97 -18 Ontario Street SE between 4th Ave SE and 5th Ave SE by construction of watermain, storm sewer and appurtenances; and Project No. 97 -19 Bouba Parkway from T.H. 7 to Luce Line Trail by construction of storm sewer, grading, gravel base, curb and gutter, bituminous base, bituminous wear course and appurtenances, and Project No. 97 -21 4th Avenue SE from Main Street to Adams Street by reconstruction of watermain, construction of grading, gravel base, curb and gutter, bituminous base, bituminous wear course and appurtenances; and Project No. 97 -22 Alley Improvements in Block 50 South 'k City between Hassan Street SE and Main Street S, and Fourth Avenue SE and Fifth Avenue SE and also in Block 4 of Bonniwell's First Addition between Division Avenue SW and Milwaukee Ave SW and Brown Street SW and Grove Street SW by construction of grading, gravel base, curb and gutter, bituminous base, bituminous wear course and appurtenances; and Project No. 97 -23 Hidden Circle SW, south of Roberts Road by construction of bituminous wear course and appurtenances; and Project No. 97 -24 Morningside Drive NE north of Hilltop Drive NE by construction of bituminous wear course and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The proposed assessment on Project No. 97 -22 is hereby rejected. 2. Such proposed assessment on Project Nos. 97 -02, 97 -19, 97 -21, 97 -23 and 97 -24, a copy of which is attached hereto and made a pan hereof, is hereby accepted and shall constitute the special assessment against the . lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. RESOLUTION NO. . ASSESSMENT ROLL NO. 5007 PAGE 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 4,6.$_ percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 15th, 1997, until the 31st day of December, 1998. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 1997; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 10th day of November, 1997. City Administrator Mayor Cj a a a CrTY OF HUTCIIIN IN , MN _C OMPILED BY: C. RIC C OMPUTED BY: C. RIC _ CHECKED BY: . RODEBHG ASSESSMENT ROLL NO. 5007 LETTING NO. UPROJECT NO. 97-02,97-14,97-15, 97-19,97-19,97-21, 9722, 9723, 9724 PROJECT NO. 97 -02 South Grade Rd SW Fast of Otter L2ke by Widening of Shoulder, Grading, Gravel Base, Curb & Gutter, Bituminous Base, Bituminous We r Course & Appurtenances STREET COST PER L LOT: _ $2,400.00_ A DOPTED: 06 RE AD_ OPTED 10/28/97 READOPTED: 11/10 %199 M IERFST RATE - _ 4.68% _ NUMBER OF YEARS RUIN: 10 ACCOUNT NO. CrrY PID Na N NAME & ADDRESS OF PR OWNER LEGAL DESCRIPTION A DDITION OR SUBDIVISION STREET LOTS CREDrr 0 STREET ASSESSMENT WATERMAIN UNITS WATERMAIN ASSESSMENT TOTAL A ASSESSMENT $2,400.00 COUNTY PID NO. 01 _. 02 03 -- 04 11- 116-30-04-0030 23.011.0300 .9 AC on N Line of NW 1/4 Se 11- 116-30 1 1 1 1 0 $0.00 Gregory Engwall 1690 South Grade Rd SW Hutchin MN 55350 l _ Russell & Lu Goldstein 1680 South Grade Rd SW Hutchinson MN 55350 Jeffrey &LaRussell 1670 Sou Gra de R d SW P _, _ OBox 253 Hutchinson MN 55350 William & Joan Arndt 1660 South Grade Rd SW Hutchinson MN 55350 $2,40 11- 116 - 30 -0040 1 _- ____.___ . 66 AG of NW 1 /4 Sec. 11- 116-30 $0.00 0 $2,400.00 _ 23.011.0400 0 52,400.00 $0.00 $0.00 _ 11- 1 16 -3 04-0050 _ -_ 11 23.0.0200 11- 116 - 30-04 -0060 23.01 .66 AC a[ 1/4 NW 1 /45ec. 11- 116-30 0 $2400.00 $2,400.00 $2,400.00 0 0 0 $2,40 50 AC of NW 1/4 Sec. 11- 116-30 TOTAL PROJECT NO. 97 -02 $9,600.00 AR5007 -PAGE 1 ;TTY OF H U_ CC II . 1 � _ _ N, MN _ ASSESSMENT ROLL NO. 5007 LETTING NO. 6 /PROJECT NO. 97 -02, 97 -14, 97 -15, 97 -18, 97 -19, 97 -21, 97 -22, 97 -23, 97.34 PROJECT NO. 97 -19 Rouba Parkway fro TH 7 to Luce Line Trail by Construction of Storm Sewer, Grading, Gnvd Base, Cu 8 t Gutter, Bituminous Base, Bituminous _Wen Cou rse K A T rter t— ;OMPI ED BY C. RICE _ ,OMPUTED B C. RICE ]FIE B Y: J. RODEBERG ACCOUNT NO. )5 — _ PFD NO NAME h ADDRESS OF PROPER OWN Hut&utson Co 1110 Hwy 7 West PO_Bo,t 21 Hutchinson MN 55350 LEGAL DESCRIPTION A DDITION OR SUBDIVISION _C ITY COUNTY PID NO. 3 - 1 17 -30- 14-0 $17,739.52 0 23.272.0 36117 -30- 15-0020 23.036.4200 Lot 11, Block 1, Rolling Oaks 2.8 Acres SW 1/4 SE 1/4 Section 3 6117 -30 )6 SmWadsworth ve Wad 1 020 Hutchimm. MN 55350 TOTAL PROJECT NO. 97 -19 ET COST PER FR ONT FOOT: CAtYlrYl to /1[/4] RVAn t n 1 NUMBER STORM lA Ewd FEED O CREDIT R UN: STREEE ASSESS. WATERMAIN� WATERMAIN �fOTAL ACI7VE ASSESSMENT MENT 241.19 0 $17,739.52 0 $0.00 $17,739 241.19 $17,739.52 0 $0.00 $17,739.52 0 $35,479.05 AR5007 -PAGE 2 CITY OF HUTC N, MN _Y: C. RICE C OMPILED B BY: C. RICE ASSESSMENT ROLL NO. 5007 LETTING NO. 6 /PROJECT NO. 97 -07, 97-14, 97.15, 97 -18, 97 -19, 97 -21, 97.27, 97 -73, 9744 PROJECT NO. 97.71 4th Ave SE from Main St to Adams St by Recone union of Waterman and Construction of Grading, Gnvd Base, Curb & Gutter, Bitu Bata m Bitu. Weu C. & Appurtetuncet STREET RECONSTRUC CURB - COS PER FRONT POOTT WATER SERVI _ COST PER LOT 6 / ADOPTED: 009/9 READOPTED: 10/18/97 READOPT 11 /_1. 0/ COMPU TED INTEREST RA NUMBER OP YEARS RUN: $37.22 51,2 4.68% 10 CHECKED BY: J. AODEBER ACCOUNT' NO. 07 _ CI PID NO. NAME & ADDRESS OF PRO PERTY OWNER LEGAL DESCRIPTION ADDITION OR SUBD IVISION 346 Hu St SE STREET FR. FEET STREET FR. FT. C REDIT 5TREEI ASSESS ENT WATERMAIN UNTIS WATERMAL ASSESSMEESSMENT ACTIVE CO UNTY P ID NO. 06-11 23.050.2820 Faith Lutherw Chu 335 Main St S , P O B 175 _ - -- 08 - -- _ 6-9 10 11 - 12 13 14 15 _ Hutchinson MN 55350 Lot 5, Block 33 South 1/2 Cary 66 66 _ 50.00 0 50.00 50.00 - _ 52,45 6.52 $1,206.52 $3,663.04 $0.00 $0.00 $0.00 50.00 $3,663_04 50.00 Faith Lu rherw Ch urch 06-1 - 29-06-0150 335 Main St S, P O Box 175 Hutchinson MN 55350 Elroy &Elizabeth Schlueter 145 4th Avenue SE _ Hutchinson MN 55350 Bmce & Badura Dauids 135 4th A venue SE _ 27. 050.2830 Lots 6, 7 & S 1/2 of Lot 8, Block 33, South 1/2 C, E 112 S 112 of Lot 3 & E 1/2 of Lots 4 & 5, Black 34 Block 34, South 1/2 City W 1/2 of S 112 of Lot 3 & W 1 of Lou 4 & 5, Block 34, South 112 City Lot 6 & S 1/2 of Lot 7, Block 34, South 1/2 City _ - - - - - - -.. 345 ]effersan St SE 132 66 52,456.5 0 50.00 78 66 99 110 78 0 99 110 1 _ 1_ 0 _ 0 $1,206.52 $1, 206.52 06- 116 -29- 06-01 23.050.2890 06- 116-29 -06-0200 $0.00 _ 23.050.2880 _ _ _ Humh MN 55350 Gary & D onna Reetz 345 H.= Sum SE Hutchinson MN 55350 _ - - - -- Srwle y Koci 525 4th Av enue S W _ Hutchinson MN 55350_ _ Richard & Aence Maahs _ 448 California Sr, Lot #31 $2,456.52 06- 116- 06-0210 23.0502900 - -- --- 06- 116 -29- 0 6-0250 23.050.2990 _ 06-116 -29 -06 -0290 $0. 00 $0.00 Lot 6 & S44' of Lot 7, Blo ck 35, South 1/2 City $0. 00 $0.00 - - -- -$0.00 - 50.00 132 66 _ 415 Jefferson St SE 23.050.3810 06- 116 -29- 06-0300 23.052.0010 06- 1 060310 _ Hutchinson MN 55350 Aaron & Karfa Chest 146 4th Avenue SE Hutchinson MN 55350 Dew & Phylks C ripps 136 41 Aven SE Hutchinson MN 55350 Robert & Susw Rhwtzen Inrs 9 & 10, Blo 48, Sou V2 Cary 132 $0 0 0 1 Lot 1, Juul's Rear. E 112 Block 49, South 1/2 Cif _ 66 5 0.00 0 $1,206.52 23 .052.0020 Lot 2, ] nays Re". E 1/2 block 49 South 1/2 Cary 66 $2,456.52 66 _ 66 16 06- 116.29-06 -0400 - _ Lot 1 0, Block 49, South 1/2 Cary 50.00 _ __ —_ __ -- _. 23.050.3860 405 Hassan St SE Hutchinson MN 55350 50.00 0 AR5007 -PAGE 3 CITY OF HUTCHINSON ASSESSMENT ROLL NO. 5007 • STREET RECONSTRUCTION/NO CURB - COST PER _FRONT FOOT: _ $ 37.22 LETTING NO. 6 /PROJECT NO. 97 -02, 97 -14, 97.15, 97 -18, 97 -19, 97 -21, 97 -22, 97 -23, 97 -24 WATER SERVICE COS PER LOT: _ __$_ 3 ,206.52 CO MPILED BY: C. RICE PROJECT NO. 97 -21 ADOPTED: 06/09/97 READO E DOPTED: 1 _ EA_ O PTED: 10/28/97 R A 10/199 _7 _ COMPUTED BY: C. RICE _ _ 4th Ave SE from Main St to Adams St by Reconstruction of Watermvn and Construction of TNTF.RFST RATE: _ _ _ _ _ 4.68% CHECKED BY: J. RODEBERG Gr_adin_ & Gmvd Base, Curb & Gutter, B_itum_ . _Base, Bitum Wear Course & Appuncsussm NUMBER OF YEARS RUN: 10 ACCOUNT CRY PID NO. NAME & ADDRESS LEGAL DESCRIPTION STREET STREET FR. STREET WATERMAIN WATERMAIN OTAL ACTIVE NO. COUNTY P ID NO. OF PROPERTY OW NER ADDITION OR SUBDIVISION FR. FEET FT. CREDIT ASSESSMENT UNITS ASSESSMENT A SSESSMEN T 17 06- 116- 29- 06-0410 Lar & Starr 13 e, _ 406 Hassan St SE _ 23 .0503870 Hutc hinson M N 55350 Lot I & NIO' of Lot 2, Block 50, South 1/2 C 76 76 $0.00 1 $1,206.52 $1,206.52 18 06- 11 - 29 -06-0490 Esher Quast &j erome Jsspers - -— — — - P P O Bo. 233 _ __ 405 Main St S _ _ 23.050.3950 Hutchinson MN 55350 _ IuL 10 & N4' of Lot 9, Black 50, South t/2 CitIL__ 66 0 $ 2,456.52 TOTAL PROJECT NO. 97 -21 1023 759 I 456.52__ 4 $14,652.16 AR5007 -PAGE 4 CITY OF HUTC ASSESSMENT ROLL NO. 5007 • AB Cost Per Frovt Foot: _ _ $8.84 — - -- -- LETTING NO. 6 /PROJECT NO. 97-02,97-14,97-15,97-18,97-19,97-21,97-22,97-23,97-24 COM PILED BY: C_ .RICE _ PROJECT N0. 97 -22 REJECTED ADOPTED: 06 /09/9 READOPTED: 10 %28 READOPT 1] /10/1997 COM PUTED BY: C. RICE Alley in Block 50, South 111 City &Block 4, ase, BomiweB's ls[ Add. y on of Grading, INTEREST RAT 4.68% CHE B Y: ]. RODEBER Gravel B Curb & Gutter, Bituminous Ba , Bituminous Wear Courx & Appurtenances NUMBER OF YEARS RUN: 1 0 ACCOUNT CITY P ID NO. NAME & ADDRESS LEGAL DESCRIPTION ALLEY ALLEY WATERMAIN WATERMAIN OTAL ACTIVE NO. COUNTY PID NO. OF PROPE OWNER ADDITI OR SUBDIV FR FEET CRE ASSESSMENT UNITS ASSESS ASSESSMENT 19 06- 116 -29 -06 -0410 Lar ry &Starr Botut REJECTED 23.050.3 Hot clunsou 55350 Lot 1 & N10' of Lot 2, Blo 50, So th 1/2 Ci 76 0 $671.84 0 SO 00 $0.00 20 0(-116-29- 0 6-0420 Karen Nelsen REJECTED 23.050.3880 utc mson 553 S56'ol Lot 2, 66 0 5583.44 0 5 0.00 $0.00 Block 5 Block 6 & S 1/2 of Lot V, Block 50, Sbuth 1/2 8 & N 1/2 of Lot 7, Block 50 , uth 1/2, 23.050.39 um m MN 5 5350 — Lot 19 EX NC, Block 50, Sot 06-11629- %-G490 _Esther Qu= & Jerome _]aspers_ _ REJECTED _ _ _ _ 23.050.395 um n 55350 Lo[ 10 & N 4' of Lo[ 9, Block SUB -TOTAL PROJECT NO. 9722 -4 REJECTED 66 66 - 66 99 - 0 - 0 Q 0 0 $583.44 - $ 583.44 $583.44 5875.16 Thomss & Brenda Benson _ 21 OG- 116- 29- 4_30 _0 REJECTED 23.050. Huvc MN 55350 Lot 22 06- 11629- 06-0 Michael & M Get _ REJECTED 23.05 utc T 55350 Lot 23 _ 06- 116 -_2_9 06-0450 John & juchLh Cruc_ _ REJECTED 23 .050.39 10 u o 55350 Lot 24 OG1_16- 29-06-0 Rw &Renee Chrissis _ REJECTED O Bo x 7423 23.050.3920 u vsov 55350 Lot 0 116 -29 Donil m d & Nola Maa_ 25 _ _ _06-0470 REJECTED _ 23.050.3930 Lot riwc n MIN 55350 26 _ _.. 06- 1 -29- 06-0480 _ I William & Beck Ha REJECTED — Block 5 Block 6 & S 1/2 of Lot V, Block 50, Sbuth 1/2 8 & N 1/2 of Lot 7, Block 50 , uth 1/2, 23.050.39 um m MN 5 5350 — Lot 19 EX NC, Block 50, Sot 06-11629- %-G490 _Esther Qu= & Jerome _]aspers_ _ REJECTED _ _ _ _ 23.050.395 um n 55350 Lo[ 10 & N 4' of Lo[ 9, Block SUB -TOTAL PROJECT NO. 9722 -4 REJECTED 66 66 - 66 99 - 0 - 0 Q 0 0 $583.44 - $ 583.44 $583.44 5875.16 -- $875.16 99 62 -0 __ $548.0 0 0 0 0 0 - - - 0 50.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 -- --$0.00- 60.00 $0.00 50.00 - - $0.00 50.00 -- SOHO 0 $0.00 AR5007 -PAGE 5 CITY OF HTII MN _ CO MPRED BY: C. RIC COMPUTED BY: C. RI CHECKED BY: . RODEBE_RG ACCOUNT Crry PID NO. NO. COUNTY PIT) NO. 28 06 -11 2 9-12 -0210 ASSESSMENT ROLL NO. 5007 LETTING NO. 6/PROJECT NO. 97 -02, 97 -14, 97 -15, 97.18, 97 -19 97 -21 97 -22, 97 -23, 97 -24 PROJECT NO. 97.22 REJECTED Alley in Block 50, South 1/2 City & Block 4, Bomiwell's 1st A . y natruction of Grading, _ Gravel Base, C urb & Gutter, Bitumin Base, Bituminous Wear Cou & A rnanca NAME & ADDRESS LEGAL DESCRIPTION OF PROPERTY OWNER ADDMON OR SUBDIVISION Theodore & uaw Verhey Alley Co st Per Front Foot ADOPTED: 06/09/97 READO 10128/97 R EADOPTED: 11/10/199 WrERE RATE: _ NUMBER OF YEARS RUN: _ ALLEY ALLEY WAT7RMAIN WATIRMAIN FEET CREDrr ASSESSMENT NITS ASSES.SMETTT FR U _ _$7.1 _ _ 4.68' OTAL ACTP ASSESSMEN - 23.1 410310 REJECTED uta a Lot 1 EX N 1 Rod & BX ' & 7S' Vsaed Alley Adj on _ 55350 Blo 4, Bonniw ell's Addi 70 0 $503.30 0 $0.00 $ 0.00 _ N. Adeline DeMuth REJECTED utc n 55350 Neil & Dawn Anderson REJECTED utc son 55350 66 29 30 &-116-29-1 23. 143 0320 Lot 2 & 7.5' Vac All Ad ot 3 & Z L5' Vac. A - BI «k 4, BomiweB's Ad 0 $474.54 0 _0 $0.00 50.00 $0.00 $0.00 _ 06- 116 -29 -12 -0230 23.143.0330 ., Block 4, Boststiwell's A 66 0 $474.54 1 1 16 -29 -1 -024 Mark CV _ _ REJECTED 23 141,040 utc n 55350 - Lot 4 , • 's Add 66 0 _ $474.54 0 $0.00 $0.00 2 06- 1 1629 -12 -0250 Elaine Cla _ REJECTED _ 23. 143.0350 _ um m 55350 - Lot 5 • , 's A 66 0 5474.54 0 $0.00 50.00 3 0611629 -12 -0260 _ Geor e & Bessie W4 _ - _- REJECTED 23.143.0360 um uuov 557 Lath 's A & 66 0 5474.54 0 50.00 _$0.00 4 0611629 -12 -0270 Culo & Knme Ddcaso REJECTED _ -_ 23.143. utr ..sou 55]50 Lot 7 & 7.5' Vac. Alley A ., Block C Bonniwell's A 66 0 $ _ _ 0 _ $0.00 $0.00 5_ 0611629 -12 -0280 Diane Dechantel _ REJECTED - - - _ _ _ _ - _ _ __ 23.143.0380 u n 55 350 Lot 8 & 7.5' Vu. All A .,Block 4, Boswiwell's A 66 0 5474.54 0 $0.00 _ _ $ 0.00 5 0611629 -12 -0290 Linda Bru - - - - - -- - -- - - - c/oLindaField REJECTED _ _ _ _ 5 48 . 5' of Lot 19 & LS' Vac All Adj. 23.143.0390 55350 ns 55350 BI «k 4, Bomiwell's Addi on 48.5 0 $348.72 0 $0.00 _ $0.00 7 _ _ 0 . 61162 . 9 -12 -0300 ace REJECTED Lot 9 EX 548.5' & Lot 10 LX N66.5' & L5' Vac. Alley 23.143.0400 um son 55350 Add , B] «k 4, BoswiweB's ddtuan 47.5 0 $341.53 0 $0.00 $0.00 AR5007 -PAGE 6 -RY OF H711'C1MN - -�- - ASSESSMENL ROLL NO. 5007 - -- - LETTING NO. 6 /PROJECT NO. 97 -02, 97 -14, 97 -15, 97.18, 97- - 97 -23, 97 -24 :OMPILED BY: C. RICE PROJECT NO. 97 -22 .4 REJECTED 'OMPUTED BY: C. RICE Alley in Block 50, South 1/2 City & Block 4, Bonaiwell's 1st Add by Construction of Grading, :FECRED B Y: J. RODEBERG Gravel Base, Curb & Gutter, Bituminous Base, Bitut Wear Course & APPurte mnces__ ACCOUNT CRY P1D NO. NAME & ADDRESS LEGAL DESCRIPTION NO. COUNTY PID NO. OF PROPERTY OW ADDITION OR SUBDIVISION Ill _ 06- 116 -29 -12 -0310 _ EwlynHaraldso. _ _ _ REJECTED N66.5' of Lot 10 ' of Vac. All A 23. 143.0410 um ruson Vk 55750 _ Bl «k 4 , Bomiw TOTAL PROJECT NO. 97 -22 -4-- REJECTED Its' Cost Per Fruut Four: IIW 67_19 bPTED: 06/09/97 R_ EA DOPCED: 10/2 8/97 READOPTED: 11/10/1997 TERESI'RAT 4.6 JMBER OF YEARS RUN: 1 k. FFEET� CREDIT SS SS � WA TOTAL UNITS ASSESSMENT' ASSESSb1TlF !t 0 — 5359.50_ 1 $0.00 - L $0 00 m AR5007-PAGE 7 -ITY OF HUTCHINSON, MN ASSESSMENT ROLL NO. 5007 STREET . WEAR COURSE COST PER LOT: _ $701. LETTING NO. 6 /PROJECT NO. 97 -02, 97 -14, 97 -15, 97 -18, 97 -19, 97.21, 97 -22, 97 -23, 97 -24 - �OMPILED BY: C. RICE PROJECT NOS. 97 -23 ADOPTED-.06/09/97 REA DOPTED: 10/28/97 R 11/1 0/199 _ :OMPUITD BY: C. RICE Hiddm Circle SW South of Roberts Rd by INTEREST RA _ _ _ _ _ _ _ _ __ ._ _ 4_6 lI3ECHED BY: J. AODEHEAG Construction of Bitum inous_ Wear_ Course & A ppunmanc n NUMBER OF YEARS RUN: ACCOUNT CITY PID NO. NAME &ADDRESS LEGAL DESCRIPTION STREET STREET -WEAR WATERMAIN WATERMAIN OTAI ACTH NO COUNTY PID NO. OF PROPE OW_ NER 1 _ADD_ _T_H_O_N OR _ MSION LOTS COURSE ASSESS. UNITS ASSE ASSESSMENT 19 01- 1 1630.11 -1260 Paul Becker 500 -Edden Circle SW _ - _ _ _ 23.223.0010 Hutchinson MN 55350 Lit 1, Block 1, Berker's 2nd A 1 $701.73 0 $0.00 5701.73 0_1_- 11630.11 -1270 Paul Berkey 500 Kddeu Circle S' 23.223.0020 Hutchinson MN M 01- 11630 -11 -1280 Tames & Kim Bruhn -- - - - - -- 23.223.0030 Hut ! 01- 11630.11-1290 _ .. & -- -- _ -. - 530 Hid: 4, Block I, Betker's 2nd Addition 1 Hidden Circle SW_ 5, Block 1, Berker's 2nd Additi 1 6, Block 1, Berker's 2nd Addition 1 f : _ _ 0 _ 0 $0.00 23.223.0040 Hutchinson MN 55350 43 $701.73 $0.00 01- 11630.11 -1300 Mark & Wm dy Schierm - -- - - 540 Hidden Circle SW 23.2 23.0050 Hutchinson M 55350 44 Allan & Susan Trautman 01- 1 . 1630.11 -1310 550 Hidden Circle SW _ 23.223.0060 Hu¢hioson MN 55350 45 01- 116 -1320 Ricky & Marla Peterso 1565 McDomld Dr SW - - - -- _ 23.223.0070 Hurchinson MN 55350 46 01- 11630.11 -1330 times & Linch E� 4, Block I, Betker's 2nd Addition 1 Hidden Circle SW_ 5, Block 1, Berker's 2nd Additi 1 6, Block 1, Berker's 2nd Addition 1 f : _ _ 0 _ 0 $0.00 $701.73 50.0 $701.73 $0.00 $701.73 SO.00 IFS701.73 Hidden Circle SW 7, Block 1, Bnker's 2nd Addition 1 5701.73 0 $0.00 $701.73 545 Hidden Circle SW _ 23.223.0080 Hutchinson MN 55350 L.oL 8, Block 1, Be tker's 2nd Addition 1 47 O1 11630.1 - 1340 Bruce & D awn Kent 535 Hidde Circle SW 23.223.0090 Hutchinson MN 55350 Lot 9, Block 1, Betker 2nd AddiL 1 48 01- 11630 -11 -1350 Rahm & Patricia E,ans _ - - -- 525 H idden C hck SW 510H t 2 , Block 1, Berker's 2nd Addition 7 Hidden Circle SW L 3, Black 1, Betker's 2nd Addition 1 5701.73 0 $0.00 5701. $701.73 0 _ $0.00 $701.73 $7 01.73 0 $0.00 $701.73 Hidden Circle SW 10, Block 1, Be tker's 2nd Addition 1 77-� 1�4 -$701 73- AR5007 -PAGE 8 Tl Y OF HUICHINSON, MT OM PBFD BY: C. RICE _ O MPUT ED BY: C. RICE HECKED BY: L RODEBERC O1- 11630-1 -1360 23.223.0110 O1- 11630- 11 -1370 ASSESSMENT ROLL NO. 5007 S $682.8: S'T'REET - WEAR COU COST PER LOT: $ LET 7NG NO. 6 /PROJECT NO. 97 -02, 97 -14, 97.15, 97.18, 97 -19, 9741, 97 -22, 97 -23, 97 -24 TOTAL PROJECT NO. 97 -23 $8,420.76 AR5007 -PAGE 9 C[ OF HUT _ N, MN A ASSSME ESNT ROIL. NO. 5007 C Cast Per Lot _ b b6_ 95.52 ADOPTED, 06/09/97 READOP 10/28/97 REA DOPTED1. 11/10/1997 INTEREST RATE: 4 CHECKED BY: J J. RODEBERG _ NUMBER O OF YEARS RUN: _ STREET T _ 1 10 TOTAL ACTIVE AR5007 -PAGE 10 $695.52 - ASSESSMENT $232.30 23.255.0 Hutchin MN 55350 M omingsidk Euates, A Condominium - - _ 0.332 $230.91 $ 230.91 S3 32- 117 -29- 14-0910 Gary & Jay Lane ill. 127 Mornicgside Dr NE U.is 127 &.167% Commou Arta, Condo. No. b 23.255.0120 Humbinson MN 55350 Moron Estates, A Condominium 0.334 5232. $232.30 54 32- 117 -29 -1 -09 20 Ken &Carolyn Schuman _ - - - � - - - CITY OF HUTCH ON, MN ASSESSMENT ROLL NO. 5007 Cost Pct Lot _ 120 M omingside Dr NE LETTING NO. 6 /PROJECT NO, 97 -02, 97-14, 97 -15, 97 -18, 97 -19, 97 -21, 97 -22, 97 -23, 97 -24 _ _ Hutchinso MN 55350 COMPILED BY: C. RICE PROJECT NOS. 97 -24 ADOPTED: 06 /09/97 READO 10/28/97 REA 11/1 COMPUTED B Y: C. RICE Morningsidc Dr NE North of Hilltop Dr NE by INTEREST' RA E C CH KED BY: . RODEBER_G tccs _ Co nstruction of Bituminous W ear Coum & A Pprtemn NUMRER OF YEARS RUN: _ ACCOUNT CITY PID NO NA & ADDRESS ME LEGAL DESCRIPTION r STREET $463.91 Unit 133, Condominium No. 6 Mo = ide Emus , A Condominium NO. COUNTY PID NO. OF PROPERT OWNER ADDITION OR SUBDIVISION UNTLS 0.667 CONST. i7 Bon Martinez 51 32 117 - 29 - 14 123 Mo rningsidk Dr NE Unit 1 23 &.167% Common Ate., Condo. N o. 6 _ _ 23.255.0100 _ Hutchinson MN 55350 Momirtpuk Es tates, A Condominium 0.334 _ _ _ $232.30 _ _ 52 32 -_ 117 -29- 14-0_900 Kenneth McKenrse 125 Momio ide Dr NE Unit 125 & 166% Commo Area Condo. No. 6 $695.52 - ASSESSMENT $232.30 23.255.0 Hutchin MN 55350 M omingsidk Euates, A Condominium - - _ 0.332 $230.91 $ 230.91 S3 32- 117 -29- 14-0910 Gary & Jay Lane ill. 127 Mornicgside Dr NE U.is 127 &.167% Commou Arta, Condo. No. b 23.255.0120 Humbinson MN 55350 Moron Estates, A Condominium 0.334 5232. $232.30 54 32- 117 -29 -1 -09 20 Ken &Carolyn Schuman _ 68 59 _ 23. 32 117 - 29 - 14-0930 23.255.0140 32 117 - 29 - 14 23.2 32- 117 -29- 14-0950 - 129 Mor ningside Dr NE __ _ Hutchinson MN 55350 Karen Schluner 131 Morningside Dr NE Hutchin MN 55350 Alfred & Sbc 1 Fosur 133 Morningside Dr NE Un it 129, Condominium No. 6 MormnGside Estates, A Condominium 0.666 23.255.0180 -_ _ 120 M omingside Dr NE _ _ Hutchinso MN 55350 $463.22 i5 i6 _ Unit 131, Condominiu No. 6 Momingside Estates, A Condomini 0.667 $463.91 Unit 133, Condominium No. 6 Mo = ide Emus , A Condominium Hut chinson MN 55350 0.667 $463.91 i7 Juan M aori & Claudia Buto 68 59 23.277.U1bU 32 1 - 29 1 23.255.0170 Hutchinson MN 55350 Glona Peterson 118 MormnBs_de Dr NE Hutchinson MN 55350 Pavicia Moran 32- 117 -29 -14 -0970 23.255.0180 -_ _ 120 M omingside Dr NE _ _ Hutchinso MN 55350 _ _ 122 Mormon 'de Dr NE 23 2 Hutc hinson MN 55350 AR5007 -PAGE 11 Unit 118 & 166% Common Arta C N. 6 T Mo miogside Estates A Condominium _ L 0.332 Un it 120 &.167% Common Area, Condo. No. 6 Mo idle Es[a[es, A Condominium 0.334 Unit 122 & .167% Co mmon At., Condo. No. 6 - -- Moraingsid a Esates, A Condominium _ 0.334 - -- $463.22 5463.91 -- $232.30 $230.91 -_ ;fq $232.30 CITY OF =C CO MPILED BY CO MPUTED CHECKED BY: ACCOUNT NO 7 1 MN - ASSESSMENT LETTING NO. 6 /PROJECT NO. 97 -02, 9744, PROJECT Morningside Dr NE C orutruction of Bituminous NAME & ADDRESS OF PRO OWNER virgwia M 124 MormAude Dr NE ROLL NO. 5007 97 -15, 97 -18, 97 -19, 97 -21, 97.33, 97 -13, 97.34 NOS. 97 -24 North of Hilltop Dr NE by Wear Courm & Appurteoancn LEGAL DESCRIPTION ADDR7O O R SUBDIVISIO Cost Per Lot _ $695.52 _. - _ _ 4_.6_ 10 TOTAL ACTIVE A $230.91_ - -- - - -- $232.30 - - -- $23230 - $230.91 $232.30 , _ C. RICE BY: C. RICE -- -- ADOP 06/09/97 R EADOPTED: 10/2 8_/_97 READOPTED: 11 /_1 -_ J _ INTEREST RATE OF YEARS RUN: _ _ STREET CONST. _ _ _ L RO DEBERG r _CITY PID NO. C OUNT Y PID NO. NUMBER UNITS 32- 117 -29 -14 -0990 _ 23. 255.0200 Unit 124 &.166% Common Area, Condo. No. 6 _ Hutchinson MN 55350 jowph McCorm -- Morninua Esates, A Condominium _ 0.332 $230.91 _ _ 72 73 74 _ _ _ 75 32- 1_1_7 -29- 141000 - - - 23 .255.0210 32- 117 -29 -14 -1040 23 .255.0 250 32- 1 17- 2 9_ -14 -105 2 3.255.0260 32- 117 -29 -14 -1060 23. 255.0270 12300 Marion Lane W # 2316 Uah 126 & .167_% Co mmon Area, Condo. No. 6 0.334 _ Minnetonka MN 5530513 David Lenrmeier 1 10MorniogsideDrNE Hutchinson MN 553 Momiogvde F A Con dominnrm $232. _ _ Unit llO, Condo minium No.6 M omingside Ea tm, A Condominium 0.334 - - _ _ $23230 Unit 112, C ondominium No. 6 M amingside Esmres, A Condominium - Unit 114, Condominium No 6 Morn ivgsih Flute ACondomi Kueo Hamwn _ $230.91 $23 2.30 - - _ 1 12 Momingri Dr NE Hurchinsou MN 55 350 Steven Zimmerman 114 Momiugside Dr NE Hutc hnson M 55350 033 0.334_ _ _ TOTAL PROJECT NO. 97 -24 $8,346.24 $8,346.24 TOTAL 1997 LETTING NO. 6 $76,498.21 AR5007 -PAGE 12 i C1 Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155 -1899 Date: loo - -7 " 9 7 City of Hutchinson Office of the Mayor Hutchinson City Hall 111 Hassan Street S. E. Hutchinson, MN 55350 -2522 County McLeod Parcel 347 - City of Hutchinson Property Address: In reply refer to: 7300 S.P. 4304 (15 =151) 901 - 84 -096 612 - 296 -3241 The State of Minnesota through the Department of Transportation is acquiring part of your property for the improvement of Trunk Highway No. 15. The individual delivering this letter is a Real Estate Specialist representing the Minnesota Department of Transportation. This individual will explain the procedures involved in the acquisition process. The value of your property being acquired is $1,000.00, this being the amount of the State's certified offer. It has been determined that there will be no damages to your remaining property as a result of this acquisition. The value of your property being acquired has been computed by a person knowledgeable in the valuation of real estate. A complete appraisal has not been made on this parcel as the size and effect of the acquisition is relatively minor. Please be advised that lawful owners and /or occupants of the property on the date of this offer may be entitled to relocation assistance and payments in accordance with Federal and State laws. It is important you read the information provided in the purchase packet. It will help you to understand your rights during the acquisition process and assist you in making sound decisions. �r An equal opportun e mployer i Page 2 As the acquisition of your property proceeds, you will undoubtedly have additional questions. Please direct them to the Mn/DOT representative who submitted this offer. Sincerely, Merritt Linzie, Director Office of Land Management Package Contents: "Guide for Property Owners" Booklet Legal Description describing acquisition Offer to Sell and Memorandum of Conditions (reference copy) Conveyance Instrument (reference copy if applicable) Appraisal Reimbursement Claim Form R38100.R1 W 0 Mn /DOT 25189 (1 -77) FOR STATE USE ONLY STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Name Cmtyof Hutch 04 it r Fed No. State Fu nds M cLeod Par. No. 347 Owner City of Hutchinson Address City of DESCRIPTION OF PROPERTY Residential ❑ Commercial ❑ Farm ❑ Vacant Land ❑ IMPORTANT: SUBMIT WITHIN 90 DAYS OF ACQUISITION Approved Amount Approved Approved Acq. Engr. of R/W Relo. Mgr. Date Application Approved Mail Check To: NAB VENDOR NUMBER IND VENDOR'S INVOICE &/OR CUSTOMER ACCOUNT NUMBER DEPT. DIV. SEQ.NO. SUFF. DEPT.P.O. OBJECT PAYMENT AMOUNT OCCUR DATE CC1 cc CC3 (INVOICE RECEIVED) COST CODE 4 CC5 I hereby certify that the goods or materials covered by this claim have been inspected and received or the services have been performed, and are in accordance with specifications, and are in proper form, kind, amount, and quality, and payment therefor Is hereby recommended. TRANSACTION DATE & DEPT. AUTH. NUMBER SIGNATURE NAME AND ADDRESS OF QUALIFIED APPRAISER Name of Appraiser Address from above -named appraiser must accompany this form. City I, the undersigned, do hereby certify that the above information is true and correct, and that the appraiser's receipts hereto accurately represent the costs incurred. I further certify that I have not submitted any other claim for sement of, or received compensation for, any expense in connection with this claim. I understand that #clued fication of any portion of this claim will result in its denial. D17RICT 8- WILLMAR Mail Claim To: DISTRICT RELOCATION ADVISOR Dated Day of 19_ BOX 68, 2505 TRANSPORTATION RA WILLMAR, MN 56201 Signature PHONE (329) 231 -5195 September 15, 1997 4304347.901 FEE ACQUISITION Parcel 347 C.S. 4304 (15 =151) 901 All of the following: That part of the Northeast Quarter of the Northeast Quarter of Section 13, Township 116 North, Range 30 West, shown as Parcel 347 on Minnesota Department of Transportation Right of Way Plat Numbered 43 -21 as the same is on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; containing 0.06 acre, more or less. 0 0 oifxe of t..m M,im Mw (?-97) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION OFFER TO SELL AND )RANDUM OF CONDMONS C.S.: 4304 (15 =151) 901 Parcel:_ 347 County: Owner and Address: -itv of Hutchinson Mayor. Hutchinson City Nall, RECOMMENDED FOR APPROVAL Supervisor of Direct Purchase APPROVED For a valuable consideration, on this day of ' 19 the undersigned owners hereby offer to sell and convey to the State of Minnesota for a total consideration of Dollars ($ ) a fee simple title to the real estate or an interest therein situated in McLeod County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management of the Minnesota Department of Transportation within days from the date of this offer. Such notice of acceptance shall be by certified trail directed to the address appearing after our signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be returned to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as follows: (1) Possession of the real estate shall transfer to the State days after the date of acceptance. The owner shall have the right to continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer or possession the owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non - personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and windstorm in the amount of present coverage or if tone in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State's interest. SAMPLE COPY (4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any) on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of Minnesota to satisfy said mortgage(s) shall be deducted from the amount to be paid to the owners under the terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the property. Current taxes shall include those payable in the year 19_ The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The Seller's obligation to pay deferred taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authorized by the owners, said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business after payment of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging to the premises including: OWNERS: CITY OF HUTCHINSON (Address of Owner where acceptance is to be mailed.) OPEN -HOLD COUNCIL REPORT 10- NOV- 1997page 1 -- ----------------------- - ------------------ ------------------------------- - -- ------ 1980 TIDS QUADE ELECTRIC LIFE SAFETY RETAINAGE $5,814.89 < *> $5,814.89* 10 IMPROV. BDS FIRSTAR BANK OF MINNESOTA INTEREST c h $5,250.00 $5,250.00* 1996 IMPRO CONST WM MUELLER & SONS L7/96 EST #11 -FINAL $21,797.93 < *> $21,797.93* 1997 IMPR. CONST COMM TRANSPORTATION RECORD SAMPLING $391.56 KUECHLE UNDERGROUND L10/97 EST #2 $137,585.84 SEH PROFESS SERV -MAIN ST SIGNALS $235.86 WM MUELLER & SONS L7/97 EST #1 $63,519.44 < > $201,732.70* CAP.IMPRO.FUND ALLIED MECH.SYSTEMS GRAB BAR $9,720.87 BREMIX CONCRETE CO PSI MIX, PATIO BLOCK $40.08 COAST TO COAST BATHROOM PROJECT $646.67 HUTCHINSON LEADER ORD NOTICE $76.58 RUNNING'S SUPPLY BATHROOM PROJECT $109.42 < *> $10,593.62* CENTRAL GARAGE BRANDON TIRE CO MOUNT /DISMNT $121.76 CARQUEST AUTO PARTS FILTERS $839.15 CHAMPION AUTO MASTER CYLINDER $35.11 CITY OF HUTCHINSON NOV MEDICAL $432.09 COAST TO COAST ROD, CLAMP $20.58 CROW RIVER GLASS WINDSHIELD $451.92 FORTIS BENEFITS NOV LTD $20.36 G & K SERVICES UNIFORMS $81.80 HANSEN TRUCK SERVICE WASHERS, DRAIN $80.72 HOLT MOTORS INC PARTS, SERVICE - REPAIR BEARINGS $3,625.97 HUTCHINSON WHOLESALE BRACKET $497.74 INTERSTATE BATTERIES MTPGS $140.38 JERRYS TRANSMISSION PARTS, LABOR- REPAIR CLUTCH $1,739.91 MACQUEEN EQUIP INC BROOM DRIVE, SET SCREW, SPROCK $204.69 • MN DEPT OF REVENUE STROBE LIGHTS $29.38 MN MUTUAL LIFE NOV LIFE $7.14 PLOWMANS FLOOR MATS $65.95 RADEMAKER, MICHAEL J. HARDWARE $150.98 RUNNING'S SUPPLY SIGN FILM $4.25 SCHMELING OIL CO OIL $983.53 SCHRAMM IMPLEMENT LINE ASY S7 $92.40 SORENSEN FARM SUPPLY CHAIN LINKS $77.34 SWEENEY BROS TRACTOR SWITCH, FILTER $201.98 US POSTAL SERVICE OCT POSTAGE $19.10 < *> $9,924.23* GENERAL FUND AAGARD WEST NOV PAPER RECYCLING $814.20 ABELN, BONNIE REFUND -DOME TRIP $15.00 ADCETERA LAYOUT, DESIGN- NEWSLETTER $550.00 ALBRECHT, WAYNE REFUND -DOME TRIP $15.00 ALLEN OFFICE PROD SCISSORS $156.39 AM.LEGION POST #96 PITCHERS OF POP $31.50 AM.WELDING SUPPLIES WELDING SUPPLIES $37.25 ARNOLD & MCDOWELL OCT COMPENSATION $6,866.00 BACHMAN'S ADDT'L CHARGES ,523.38 BARCLAY, BARB REFUND- CANCEL SKATE LESSONS $63.00 BENNETT OFFICE SUP. TONER $397.21 BENTON, JAMES REFUND -DOME TRIP 15.00 BLACK, JOANN ELECTION JUDGE 79.83 BRINKMAN STUDIO KODACHROME 16.94 174.68 BRUNNER, DOLORES ELECTION JUDGE BUECHELE, DAVE REFUND -CPR CLASS CANCELLED $15.00 BUS. RECORDS CORP. VOTING & ELECTION SUPPLIES $75.92 BUSINESSWARE SOLUTIONS TONER $2,684.36 CAMERA SHOP E 24C $5.27 CARR FLOWERS PLANT -M HAMMOND- JOHNSON $21.30 CASE, BONNIE REFUND -DOME TRIP $15.00 CASH WISE CLEANERS $115.61 10 -79 OPEN -HOLD COUNCIL REPORT 10- NOV- 1997page 2 ________ ________ ___ __ _______________ _-______________________ GENERAL FUND CDI OFFICE PRODUCTS LTD ____----- _-- TYPEWRITER _- _____--- _________ $784.80 CENTRAL GARAGE OCT REPAIRS $14,717.88 CHAMBER OF COMMERCE WOMEN BUS -K MCKAY, S PETERSON $40.00 CITY OF HUTCHINSON OCT FUEL $35,607.16 COAST TO COAST HDWE $353.16 COMM TRANSPORTATION HANGAR LOAN $700.00 CONSTRUCTION MARKET DATA GROUP ADS CONSTRUCTION $823.20 COUNTRY KITCHEN MEALS $7.11 CROSS, KARLA ELECTION JUDGE $79.83 CROW RIVER AREA QUALITY COUNCI MEMBERSHIP 97/98 $50.00 CROW RIVER GLASS OFFICE WINDOW $224.82 CROW RIVER PRESS INC NEWSLETTERS 1,666.23 D & S SALES WESTERN MULE CRANE, FREE -WHEEL 1,597.68 DEPT OF LABOR & INDUSTRY INSPECTION $10.00 EARL ANDERSON ASSOC POSTS $308.37 ECOLAB PEST ELIM OCTOBER SERVICE $22.37 ERICSSON, TOBIAS SOCCER COACH $48.00 F & W ROOFING REPAIR ROOF 2,000.00 FORTIS BENEFITS NOV LTD 1,658.02 G & K SERVICES UNIFORMS 1,011.14 GENERAL OFFICE PRODUCTS WHITE LABELS $284.75 GOLDSCHMIDT, SHERI REFUND -DOME TRIP $15.00 GOPHER SIGN CO CAST IRON EXTENSION ARM $815.68 GRAGES, BONNIE REFUND -CLASS CANCELLED $40.00 GRINA, LISA REIMB - MEALS, MILEAGE HAGEN, RUTH ELECTION JUDGE $ $73.93 87.55 HANSEN DEMOLITION LANDFILL LANDFILL 29.00 HANSEN, MARK E. SWIMMING FIELD TRIP 50.00 HARBAR LILAS REFUND -CPR CLASS CANCELLED 15.00 HARTLAND AVIATION AV FUEL $11,157.35 HAUGLAND, JOHN REFUND -CPR CLASS CANCELLED $15.00 HCVN -TV QTR 3 FRANCHISE PYMT $8,011.12 HIGGINBOTHAM, RUTH BUILDING SUPERVISOR FEE $50.00 HILLYARD FLOOR CARE / HUTCHINSON TOWELS, ESPRIT $423.35 HOLMQUIST, JULIE REFUND -CLASS CANCELLED $15.00 HUTCH COOP CENEX LP GAS BOTTLES $169.89 HUTCHINSON LEADER CLASSIFIED AD 1,357.35 HUTCHINSON TEL CO NOV PHONE 5,568.86 HUTCHINSON UTILITIES OCT GAS & ELEC 3,951.46 HUTCHINSON WHOLESALE AIR HOSE $21.29 INGLIS, TOM REFUND -DOME TRIP 8`15.00 INK SPOTS LETTER, VISION, EDITORIAL $353.71 ISIA PATCHES $103.08 JENSEN, ROXANNE ELECTION JUDGE $79.83 JIM'S GARDEN SERVICE WEED CUTTING $541.82 JOHANSSON, PETER SOCCER COACH $42.00 JOHNSON, TRENT OFFICIALS DEPOSIT REFUND $50.00 JUUL CONTRACTING CO BACKHOE, LABOR, 18" CMP $1,439.00 K MART FILM $54.05 KING, TOM - FOOTBALL REFEREE $65.00 KLAUSTERMEIER, BERYL SR TOUR REFUND $24.00 KNIGGE, DARLEEN ELECTION JUDGE $79.83 KOTTKE, CHARLOTTE REFUND -DOME TRIP $15.00 KRENTZ, VERNON SR DINNER DANCE PERFORMANCE $50.00 KVC INC PANASONIC 8X EXT CD ROM $324.26 L & P SUPPLY CO PLUG, CARB KIT, LABOR $45.00 LEAGUE OF MN CITIES RATING ADJMT $36,174.23 LENNES, RICHARD OCT COMPENSATION $2,445.76 LITCHFIELD INDEPENDENT REVIEW JOB FAIR ADS $80.00 LUNDHOLM, LORI CLEAN WINDOWS $148.85 MAISCH, AMY REFUND -CPR CLASS CANCELLED $15.00 MANKATO MOBILE RADIO SHOP SUPPLIES, UNIT INITIAL $53.58 MARKA, JAMES REIMB- INSPECTION VIDEO 16.23 MARKGRAF, BERNIE REFUND -DOME TRIP 15.00 MARQUARDT, DIANNE ELECTION JUDGE 84.98 MCGARVEY COFFEE INC COFFEE $179.52 MCLAIN, DEETTA ELECTION JUDGE $79.83 MCLEOD COUNTY TREASURER ASSESSMENT FEE 1997 $28,780.00 MCLEOD PUBLISHING INC JOB FAIR ADS $90.30 MERKINS, COLLEEN REFUND -CPR CLASS CANCELLED $15.00 MID -MN HOT MIX INC TN 41 S WEAR $328.77 MN DEPT OF REVENUE MN TRAFFIC COMP & SUMMONS $40.36 MN ELEVATOR INC. ELEVATOR SERVICE $71.02 MN MUTUAL LIFE NOV LIFE COBRA- MATTSFIELD $580.23 MN U C FUND UC CLAIM $81.28 MODERN MAZDA TOW - ACCIDENT $114.23 u OPEN -HOLD COUNCIL REPORT -------- --------- ---- ------ ------ GENERAL FUND MONAHAN, JEFF MORE 4 MR. MOVIES MUSIC STORE, THE OLSON, JOHN OLSON, MARGARET OLSONS LOCKSMITH PANKAKE, ELLEN PARTIES PLUS PELLINEN, WILLARD PERSONNEL DECISIONS INC PETERSON BUS SERVICE PLOTZ, GARY D. PRIEVE LANDSCAPING PROCHNOW, EVELYN QUADE ELECTRIC R&R SPECIALTIES INC RESPOND SYSTEMS 10- NOV- 1997page 3 ------- ---------------------------------------------------- OFFICIAL DEPOSIT REFUND $50.00 _ DINNERS $290.34 RISTAU, BRUCE MOVIE RENTAL $2.99 MICROPHONE $79.88 $50.00 REIMB- MEETING REFRESHMENTS $19.73 HARDWARE ELECTION JUDGE $74.68 SCHILLER, LUANN KEYS MADE, SERVICE CHARGE $38.99 SR TOUR REFUND $12.00 $15.00 GARLAND, LN, CONFETTI $31.52 REFUND -CLASS CANCELLED LAND SURVEY -5TH AVE SE $1,427.77 SEVEN WEST WASH E. DRY 5720 SERGEANT PCI'S $235.00 COACH TO OLD LOG THEATRE $260.00 $36.75 REIMB -MEALS $25.87 MAG CONTACT TREES /SHRUBS $105.00 SKELTON, PAM ELECTION JUDGE $87.55 LIGHTS $90.05 $50.00 BELT, DRIVE CHAIN, SPREADER $124.65 ADS SAFETY SUPPLIES $19.70 STREICHERS � L J RIDER BENNETT EGAN & ARUNDEL PROFESS SERV $218.41 RISTAU, BRUCE REFUND -DOME TRIP $30.00 RIVINIUS, WAYDE OFFICIALS DEPOSIT REFUND $50.00 RUNNING'S SUPPLY HARDWARE $299.60 SCHILLER, LUANN REFUND - TACKLE FOOTBALL /COACH $18.00 SCHMIDT, SHERRY REFUND -DOME TRIP $15.00 SEIFERT, TINA REFUND -CLASS CANCELLED $8.00 SEVEN WEST WASH E. DRY LAUNDRY $14.16 SHOPKO FUNSAVER CAMERA $36.75 SIMPLEX TIME RECORDER CO MAG CONTACT $42.60 SKELTON, PAM REFUND -CLASS CANCELLED $8.00 SOUTHWEST MN EMS CORP REG -LENNY CRANDALL EXTRAV $50.00 STAR TRIBUNE ADS $308.40 STREICHERS LENS $48.55 TAYLOR, JANET REFUND -DOME TRIP $ TAYLOR, SUZETTE REFUND -DOME TRIP 15.00 TEWS, CLARA ELECTION JUDGE 79.83 TORGERSON, MARLIN REIMB -PER DIEM, MEALS, MILEAGE $79.75 TRI CO WATER COND SALT $27.16 UHL CO. MILEAGE, MATERIALS, SERVICE $1,121.45 UNITED BLDG CENTERS TREATED PINE $65.58 US POSTAL SERVICE OCT POSTAGE $1,099.35 US WEST COMMUN NOV CHARGES $654.70 VH BLACKINTON & CO REPAIR UNIFORM $6.00 VIKING OFFICE PRODUCTS ANTI -GLARE FILTER $27.31 WAL -MART BULBS $232.86 WENDOLEK, JIM PERFORMANCE FEE -SR DINNER DNCE $150.00 WESELOH, PHYLLIS ELECTION JUDGE $79.83 WICK, JUNE ELECTION JUDGE $79.83 WIXCEY, HARRIET ELECTION JUDGE $79.83 < *> $186,561.61* HUTCH TRANS FAC. BUSINESSWARE SOLUTIONS TRAINING & MANUALS $51.00 COAST TO COAST CLEANERS $11.05 G & K SERVICES MATS, MOPS $340.50 HUTCHINSON TEL CO NOV PHONE $233.74 ' HUTCHINSON UTILITIES OCT GAS & ELEC $1,407.09 MCGARVEY COFFEE INC HOT CHOC, COFFEE $44.63 SCHMELING OIL CO SAFE -T- BREAK ,{82.55 US POSTAL SERVICE OCT POSTAGE $1.28 WITTE SANITATION OCTOBER SERVICE $63.37 < *> $2,235.21* LIQUOR STORE AAGARD WEST NOV PICKUP $45.20 AM.LINEN SUPPLY CO OCT DELIVERIES $144.15 BERNICKS PEPSI COLA OCT BEER PURCHASE $700.60 CDI OFFICE PRODUCTS LTD OCTOBER PURCHASES $67.78 CITY OF HUTCHINSON NOV MEDICAL $1,053.13 COAST TO COAST OCT PURCHASES 31.63 FORTIS BENEFITS NOV LTD 51.06 GLENCOE ENTERPRISE OCTOBER ADS 36.00 GRIGGS COOPER & CO OCT BEER PURCHASE $638.98 HENRYS FOODS INC OCT WINE CLUB PURCHASES $2,938.41 HERMEL WHOLESALE TOBACCO & MISC PURCHASE -OCT $420.99 HUTCHINSON LEADER OCTOBER ADS HUTCHINSON TEL CO NOV ADV $ $547.02 135.45 � L J OPEN -HOLD COUNCIL REPORT 10- NOV- 1997page 4 --------------------- LIQUOR STORE -- ------ - ---- ----------- HUTCHINSON UTILITIES - - ---- ------------- - -- -------------- OCT GAS & ELEC -------- $769.94 -- - -- - JOHNSON BROTHERS LIQUOR CO. OCT WINE PURCHASE $7,472.14 JORDON BEVERAGE INC. OCT BEER PURCHASE $745.53 KOEHLER,LYLE REIMB -SHELF COVERS $5.01 LENNEMAN BEVERAGE DIST. INC OCT BEER PURCHASE $8,903.2D LOCHER BROS INC OCT BEER PURCHASE $6,859.20 MN DEPT OF REVENUE OCTOBER TOBACCO TAX $180.14 MN MUTUAL LIFE NOV LIFE $18.06 MORE 4 KLEENEX $55.49 PINNACLE DISTRIB MISC PURCHASES $404.65 QUALITY WINE & SPIRITS CO. OCT LIQUOR CREDIT - $344.98 ST. CLOUD RESTAURANT SUPPLY OCTOBER SUPPLIES $261.47 TRI CO WATER COND BOTTLE WATER $42.16 TRIPLE G DISTRIBUTING INC OCT BEER PURCHASE $9,262.95 UNIVERSAL PUBLICATIONS ADVERTISING $180.00 US POSTAL SERVICE OCT POSTAGE $87.69 VIKING COCA COLA OCT POP PURCHASES $503.80 WEGNER,NEIL REIMB- CANDLES 65.10 WELCOME NEIGHBOR PRINTING CARDS 17.57 WINE COMPANY, THE OCT WINE PURCHASE 64.00 < *> $42,363.52* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. BE CONTRIB $575.00 AMERICAN EXPRESS BE CONTRIB $76.80 GREAT WEST LIFE INS. CO. BE CONTRIB $100.00 H.R.L.A.P.R. BE CONTRIB $164.00 ICMA RETIREMENT TRUST BE CONTRIB $2,655.38 PERA LIFE INS CO. BE CONTRIB $118.50 PERA- D.C.P. BE CONTRIB PRUDENTIAL BE CONTRIB $ $211.02 180.00 PRUDENTIAL MUTUAL FUNDS BE CONTRIB $30.00 PUBLIC EMPLOYEES BE CONTRIB $14,714.13 TEMPLETON INC BE CONTRIS 258.46 WADELL & REED BE CONTRIB 150.00 < *> $19,233.29* RURAL F. D. CITY OF HUTCHINSON OCT FUEL $16.70 DISTRIB WELD LR90, WELD 45, THRD FULL $53.94 • THRALL < *> $70.64* WATER /SEWER FUND AAGARD WEST OCT SERVICE $28,548.74 ALLEN OFFICE PROD LABELS 13.02 ANDERSON,SCOTT REFUND DOUBLE PAYMENT 75.94 BUSINESSWARE SOLUTIONS TRAINING & MANUALS $880.98 CDI OFFICE PRODUCTS LTD REFILL $80.32 CENTRAL GARAGE OCT REPAIRS $606.37 CITY OF HUTCHINSON OCT FUEL $5,037.97 COAST TO COAST PIPE, ETC $302.93 CROW CHEMICAL CO ICE MELTER PELLETS $69.17 D.P.C.IND.INC CHLORINE $992.19 D2 SERVICES MATERIALS, LABOR, TRAVEL $1,604.60 DEVRIES, RANDY CONFERENCE LODGING 236.51 FISHER SCIENTIFIC STERI- WRAP 127.83 FORTIS BENEFITS NOV LTD 214.16 1508.50 G & K SERVICES UNIFORMS GENERAL OFFICE PRODUCTS CALENDAR $3.62 GREAT PLAINS SUPPLY HINGES 954.24 HUTCH COOP CENEX TIRES 161.06 HUTCHINSON LEADER ADS 555.48 1721-.23 HUTCHINSON TEL CO NOV PHONE HUTCHINSON UTILITIES OCT GAS & ELEC $16,684.59 HUTCHINSON WHOLESALE SEAL, TAP $9.93 HYCOR FRICTION DISK $1,085.70 JEFF'S ELECTRIC INSTALL MOTOR CONTACTORS JOUL CONTRACTING CO HYDRANT, VALVE, BACKHOE $ $3,296.70 2,953.00 MN DEPT OF REVENUE PARTS $99.46 MN MUTUAL LIFE NOV LIFE $74.97 MN VALLEY TESTING LAB WATER TESTS $194.00 NOTCH'S METALS ALUMINUM DOORS $1,500.00 PRO MAINTENANCE CLEAN WINDOWS $53.25 QUADE ELECTRIC LAMPS $135.79 RESPOND SYSTEMS SAFETY SUPPLIES $58.65 ROBERT L. CARR FIBERGLASS WEIR PLATES $681.13 I � L J OPEN -HOLD COUNCIL REPORT 10- NOV- 1997page 5 ---------------------------------------------------------------------------------------------------- WATER /SEWER FUND RUNNING'S SUPPLY MAT $115.28 RUST ENVIRONMENT PROFESS SERV -N HIGH DR LIFT $609.88 SCHILLING PAPER CO TOWELS, ECOSOFT $142.12 SENSUS TECHNOLOGIES MATERIALS FOR REPAIR P10.01 STANDARD PRINTING B SALES BOOKS $ $241.16 TRI CO WATER COND SALT $26.94 US FILTER /WATERPRO METERS $2,412.35 US POSTAL SERVICE OCT POSTAGE $452.58 USA WASTE SERVICES INC LOADS 10 /1 - 10/17 $5,297.22 WELCOME NEIGHBOR JULY LISTING $120.00 WITTE SANITATION TRUCK TIME & LABOR $100.00 WOODS END RESEARCH LAB MISC COMPOSTING KITS $567.38 < $78,716.95• $584,294.59+ E IMMEDIATE PAY COUNCIL REPORT 10- NOV- 1997page 1 ------------------------------------------ CAP.IMPRO.FUND ---- GEB ELECTRICAL INC ------- ------------- -- - ---- -------------------------- ELECTRICAL WORK $527.07 HANSEN DEMOLITION LANDFILL LANDFILL $14.50 UNITED BLDG CENTERS LUMBER, PLYWOOD $78.50 < *> $620.07* GENERAL FUND CITY OF HUTCHINSON - GENERAL FUN CORRECTION $75.78 DEPT NATURAL RESOURCES DNR FEES TO STATE $1,934.00 LEAGUE OF MN CITIES RATING ADJMT $5,766.00 VIKING SIGNS VINYL BANNER $362.11 < > $8,137.89* HUTCH TRANS FAC. MN DEPT OF REVENUE SPECIAL FUEL LICENSE RENEWAL $25.00 < *> $25.00* LIQUOR STORE CITY OF HUTCHINSON LOTTERY $26.70 CITY OF HUTCHINSON - GENERAL FUN PAYROLL 10/24 $7,118.22 LEAGUE OF MN CITIES RATING ADJUSTMENT $117.00 < *> $7,261.92* WATER /SEWER FUND LEAGUE OF MN CITIES RATING ADJUSTMENT $550.00 MN DEPT OF HEALTH ENVIRONMENTAL LAB CERTIFICATE $750.00 < > $1,300.00* $17,344.88* 171 J RECEIVED ARNOLD, ANDERSON & DOVE • PROPESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW CATHRYN D. REHER WALTER P. MICHELS 'Also ADMITTED IN Te%AS PND NEw'011e October 29, 1997 Mr. Thomas D. Creighton Bernick and Lifson, P.A. Suite 1200, The Colonnade 5500 Wayzata Boulevard Minneapolis, Mn. 55416 Re: Cable Franchise Issues Late Fee Issues • Our File No. 3244 -96054 Dear Tom: OCT 3 11997 CITY OF HUTCHINSON OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 1 612) 545 -9000 FAX (61 2) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (61 2) 3892214 A FX (612) 389 -5506 FOR YOUR INFORMATION I have forwarded on a for your information basis a copy of your memorandum dated October 20, 1997 regarding the lawfulness of late fees and your subsequent memo of the same date on the same topic. By carbon copy of this correspondence to the City Administrator, I am asking that he include these items, as well as a copy of my letter, in the Council packet on a for your information basis. Perhaps the Council will wish to discuss the matter at its regularly scheduled November 10, 1997 meeting. My thoughts on this matter, for whatever they are worth, is that I would like to cure the defect without engendering unnecessary litigation, if at all possible. My suggestion would be before we consider a potential class action that the City Council retain your office to contact Triax to demand that they cease and desist from charging what appears to be an unlawful late fee and that as part of the settlement the cable company also agree to pay your legal fees associated with this transaction or, more accurately, reimburse the City of Hutchinson for legal fees expended by you in securing this result. This would allow everyone to claim a victory and would perhaps eliminate some otherwise awkward • questions; for example, the City receives a percentage of all revenue which presumably includes late , fees. If past late fees are refunded, does the City refund amounts that have been paid fo it by Triax? 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 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 5 53 50 -2 563 STEVEN A. ANDERSON G. BARRY ANDERSON* (320)567 -7575 LAURA K. FRETLANO FAX 13201 587 -4096 PAUL D. DOVE ** ,JANE VAN VALKENBURG RESIDENT ATTORNEY RICHARD G. MCGEE G. BARRY ANDERSON CATHRYN D. REHER WALTER P. MICHELS 'Also ADMITTED IN Te%AS PND NEw'011e October 29, 1997 Mr. Thomas D. Creighton Bernick and Lifson, P.A. Suite 1200, The Colonnade 5500 Wayzata Boulevard Minneapolis, Mn. 55416 Re: Cable Franchise Issues Late Fee Issues • Our File No. 3244 -96054 Dear Tom: OCT 3 11997 CITY OF HUTCHINSON OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 1 612) 545 -9000 FAX (61 2) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (61 2) 3892214 A FX (612) 389 -5506 FOR YOUR INFORMATION I have forwarded on a for your information basis a copy of your memorandum dated October 20, 1997 regarding the lawfulness of late fees and your subsequent memo of the same date on the same topic. By carbon copy of this correspondence to the City Administrator, I am asking that he include these items, as well as a copy of my letter, in the Council packet on a for your information basis. Perhaps the Council will wish to discuss the matter at its regularly scheduled November 10, 1997 meeting. My thoughts on this matter, for whatever they are worth, is that I would like to cure the defect without engendering unnecessary litigation, if at all possible. My suggestion would be before we consider a potential class action that the City Council retain your office to contact Triax to demand that they cease and desist from charging what appears to be an unlawful late fee and that as part of the settlement the cable company also agree to pay your legal fees associated with this transaction or, more accurately, reimburse the City of Hutchinson for legal fees expended by you in securing this result. This would allow everyone to claim a victory and would perhaps eliminate some otherwise awkward • questions; for example, the City receives a percentage of all revenue which presumably includes late , fees. If past late fees are refunded, does the City refund amounts that have been paid fo it by Triax? 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 Mr. Thomas Creighton October 29, 1997 Page 2 There are no doubt other issues that would exist that would be eliminated by simply correcting the problem as opposed to trying to figure out who gets $5 or $10 back from this alleged wrongful activity. If I could hear from you prior to November 10 it would be much appreciated. Thank you. Best regards. Very truly yours, ARNOLD, G. Barry & DOVE, PLLP 0 C� 0 CC Gary Plotz • BERNICK AND LIFSON, P.A. SUITE 1200, THE COLONNADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MN 55416 TEL (612) 546 -1200 FAX (612) 546 -1003 TO: Clients and Interested Parties ''// ��f}� FROM: Thomas D. Creig ton, 8q. and Robert / J. V. Vose, Esq. W(� �w , DATE: October 20, 1997 SUBJECT: Lawfulness of Late Fees We have been asked to make a preliminary analysis of the late fees /administrative fees charged by a variety of cable operators in Minnesota and analysis of the lawfulness of such charges • pursuant to Minnesota law and precedent. It appears that many cable operators in Minnesota, including Triax, Meredith, and King, charge a late fee of $5.00 for payments received after the date identified as the "due date" on a subscriber's bill. Depending on the billing cycle used, it appears that the "due date" could be set immediately before the month in which service is received, during the month in which the service is received, or shortly after (usually 15 days) the end of the month in which service was received. The amounts collected by most cable operators as a "late fee," "administrative fee," or "processing fee" constitutes a substantial portion of most operators' revenues. In many cases these revenues exceed amounts collected for pay - per -view or other premium service revenues. Typically, the customer contract or agreement signed at the time of installation or initiation of service does not contain provisions dealing with late fees. However, most billing statements unilaterally indicate that a $5.00 fee will be imposed on payments which are received "late." For example, Triax Cablevision bills state: NOTICE - UNPAID BALANCE ON ACCT IS SUBJECT TO A $5.00 PROCESSING FEE AFTER THE [DUE DATE]. I 2 1 ISSUES 0 Whether a $5.00 late fee on cable bills paid after the "due date' is lay. under Minnesota - -- - — law. Whether Minnesota franchising authorities have jurisdiction over late fees. There are no federal or state laws explicitly authorizing the imposition of late fees or administrative fees for late payments received by cable operators. Local law generally will not address or authorize the imposition of such fees either although it is prudent to review the applicable cable franchise for discussion of such charges. Accordingly, cable operators must take the position that late fees are imposed on subscribers as either an agreed to contract term or as a quasi - contractual obligation imposed on subscribers for the value or cost of a service performed by the operator with the assent of the subscriber. As previously noted, written subscriber contracts /agreements, if any, generally do not contain terms regarding the imposition of late fees, and subscribers are generally not afforded an opportunity to consider and explicitly agree to such a term. Apparently, operators take the position that inclusion of late fee language on the bill constitutes a proposal to amend the underlying agreement between the operator and subscriber, and subsequent payment of the bill by -the subscriber constitutes agreement to such amendment. While this type of argument is occasionally successful in legal disputes regarding contracts, it is far more likely that a Court would determine that a purported contract term unilaterally created on a customer's bill constitutes a contract of adhesion which is not legally enforceable as an agreed to contract term Given that the late fee is likely not an agreed to contract term at all, or is not a legally enforceable contract term, such fee may only be imposed as a quasi - contractual obligation. Such obligations are limited by the principle of quantum meruit which permits a reasonable charge in the amount of the value of a service performed. At least one Court has recently determined that a reasonable late fee charge is in an`amount less than $.50. A $5.00 charge is undoubtedly unreasonable given the much lower actual administrative expense related to processing late payments. Therefore, late fees are legally limited to the actual cost of processing "late" payments which is significantly less than $5.00 per "late" payment. • 2 - 2. Usury Principles of usury may also limit the amount cable operators charge for late fees: - State _ - usury laws limit the amount of interest or surcharge which can be imposed in connection with the loan of money or sales for which credit is extended. Minnesota law limits the rate of interest or surcharge for such transactions to 8% per year. Minn. Stat. § 334.01, Subd. 1. Generally speaking, to conclude that a transaction is usurious the following findings must be made: a. A loan of money or the forbearance of a debt has occurred. b. There is an agreement requiring the repayment of the principal or underlying obligation. C. The agreement called for a greater amount of interest than is statutorily permissible. d. There was the intention to evade the law when the transaction was entered. Rathbun v W T. Grant 219 N.W.2d 641 (1974). • The Minnesota Attorney General's office has addressed the issue of whether late charges made by a utility may be considered usurious. Minn. Op. Atty. Gen. 624C -4, October 13, 1980. The Attorney General addressed two issues: a. Whether late fees are subject to state usury laws in the first instance. b. Whether late fees charged by utilities regulated by the MPUC are subject to state usury laws (not applicable to this analysis). The Attorney General concluded that, generally speaking, late charges will be subject to usury law given the right factual circumstances. In particular, late charges imposed to compensate for administrative costs related to late payment are not subject to usury law while charges imposed for forbearance from collection of the late payment will be subject to usury laws. The stated rationale, which has been adopted by a number of jurisdictions, is that the recovery of administrative costs does not constitute the extension of credit and, therefore, is not subject to the terms of state usury law. In the present case it appears that the $5.00 late charge so grossly exceeds any reasonable administrative cost that the charge must be deemed a penalty imposed by the cable operator related to the operator foregoing collection efforts. Therefore, it appears that the late fees here at issue would be subject to usury laws. Additional factual investigation would be necessary to confirm this conclusion. The typical cable late fee of $5.00 when applied to a typical cable bill of between $25.00 • and $35.00 constitutes an interest charge of between 14% to 20% of the amount owed. As such, these charges are by definition usurious.. Usurious contracts are unenforceable with respect to the "interest" charge, in this case the late fee. As previously noted, federal and state law do not directly address late fee charges by cable operators. For example, the Federal Cable Act and related FCC regulations do not contain provisions regulating the amount of such charges nor the manner for making such charges. In addition, contrary to the laws of many other states, Minnesota State law governing utility rates and customer service practices do not appear to directly implicate the provision of cable service. For example, the Attorney General has certain investigatory and enforcement authority regarding "utility services" which include electricity, natural gas, or telephone services but not cable services. Minn. Stat. §§ 8.32 and 8.33. In addition, statutory provisions requiring that delinquency charges, and the terms and conditions thereof, appear clearly in each utility billing apparently do not apply to cable services. See Minn. Stat. § 21613.02 and § 222.75. Finally, the billing practices and service charges for nearly all utilities other than cable, including water, gas, electric, and telephone service, are created and enforced through the MPUC's tariffing process. Contrary to the other utilities, Minnesota State law contemplates little or no cable • regulation at the state level and nearly exclusive regulation at the municipal level. See Minn. Stat. § 238.01 et seq. Specifically, Minnesota law contemplates the review and approval of all service rates at the municipal level even going so far as to require such provisions in all municipal cable franchises. See, Minn. Stat. § 238.084(g), and § 238.12. Minnesota law specifically provides that: the procedures for establishing all rates shall be set forth in the franchise ordinance. Rates charged by cable communications company (sic) may be set forth in the franchise ordinance by the municipality. Minn. Stat. § 238.12, Subd. la. While nearly all Minnesota cable franchises contain provisions requiring review and approval of all rates by the franchising authority (municipality) of all rates, since adoption of the 1992 Cable Act most municipalities have not considered their franchise based jurisdiction over rates. Admittedly, municipalities are preempted from enforcing those franchise provisions which address rates that are now regulated pursuant to federal law and FCC rate regulation. The provisions of federal law which preempt state and local rate regulation state: - 4 - - -. -- - - -•. • Any franchising authority may regulate the rates for the provision of cable service or any other communications service provided over a cable system to cable subscribers, but only to the extent provided under this section. 47 U.S.C. § 543(a)(1). However, as previously noted, rates for late payments are in no way addressed at the federal level and state and local rate requirements regarding rate issues not addressed at the federal level remain enforceable. Accordingly, local requirements regarding rates for purely administrative services, as opposed to the provision of cable services, are not preempted. This conclusion is consistent with federal law provisions addressing customer service obligations. Federal law clarifies that franchising authorities retain local authority over customer service concerns and goes so far as to provide that franchising authorities may unilaterally create franchising requirements regarding such concerns. See, 47 U.S.C. § 552; 47 C.F.R. § 76.309. Billing practices such as the imposition of late fees are clearly of utmost concern to customers and are directly customer service issues. In fact, as correctly noted by the Court in the Baltimore case, the FCC has specifically determined that late fees are subject to state and local regulation via consumer protection laws and customer service regulations. • CONCLUSION Neither federal nor state laws directly address late fees issues. Federal rate regulations do not preempt local consideration of late fees. In fact, federal law directly authorizes municipalities to unilaterally address such customer service issues. Further, state law provides that municipalities may review and approve such rates. Accordingly, consideration of the propriety of cable late fees both as to amount and manner of assessment is uniquely within municipal jurisdiction in Minnesota. C:NOSE\LATE-FEE.M/1 5 — BERNICK AND LIFSON, P.A SUITE 1200, THE COLONNADE • 5500 WAYZATA BOULEVARD MINNEAPOLIS, MN 55416 TEL. (612) 546 -1200 FAX (612) 546 -1003 TO: Clients and Interested P rt� 6 FROM: Thomas D. to , Esq. and Robert J. V. Vose, Esq.� & 4/ it I DATE: October 20, 1997 SUBJECT: La te Fee Issue I spoke to Phil Friedman on Thursday, October 16, 1997, regarding late fees charged by cable operators. Phil is the Washington, D.C. attorney who represented subscribers in Baltimore in their successful $7.9 million suit against TCI. Phil is currently representing subscribers in Chicago, Denver, and cities in California in similar suits against the local cable operator. Phil and I discussed my research of Minnesota law (which we will provide to those of you in Minnesota and which concludes that $5.00 late fees are likely unlawful). We also discussed the legal theories which Phil has been using in his successful lawsuits on behalf of subscribers around the country. We concluded that the theories which have been successful in other states would be equally successful in Minnesota and Wisconsin. Phil, in fact, "guaranteed" that such a claim by subscribers would succeed. To be clear, any claim for a refund of late fee payments would need to be initiated by a subscriber as a class action lawsuit on behalf of subscribers. A City or Commission on a going forward basis may have the authority to order a modification in the cable operators' late fee billing practices (timing, procedure, and amount), but could not assert a claim for the refund of late fees paid. Having said that, it is highly probable that if a City or Commission is not interested in this issue, cable subscribers are not going to raise this issue on their own. In the event any City or Commission would like to pursue this issue, you should contact us to discuss further whether some settlement or other arrangement should be pursued with the cable company. CAVOSEU ATE -FEE. O Ifshin & Friedman, PL.L.C. ATTORNEYS AT L w • 888 16th Strcct, N.W., Suite 400 Waehington, D.C. M006 (202) 293-4;7 Pax (202) 296-6551 October 16, 1997 Bob Vose Bernich & Lifson Suite 1200 5500 Wayzata Blvd. Minneapolis, MN 55416 Dear Bob: It was a pleasure speaking with you and I look forward to hearing from some local subscribers about pursuing a possible class action in Minneapolis- St PauL Enclosed please find the Judge's opinion in the Baltimore case. If you have any questions, please give me a 1L • Sincere , / Philip Frie n U MINUTES Hutchinson Employee Safety Committee October 17, 1997 Present at meeting: Eldon Barkeim, Brenda Ewing, Scott Hanson, Tom Kloss, Dick Nagy, Mark Weis. Absent were: John Arlt, Jim Ford, Marilyn J Swanson. Meeting was called to order at 10:10 a.m. The Minutes of the September meeting were approved. Barricade Procedure: Another letter from the safety committee should be addressed to Police Chief Madsen regarding this procedure. - Accidents: There were no accident or near accident reports submitted this month. • Walk Through: They should be conducted by members of the safety council. There was no definite conclusion reached by the committee. First Aid Supplies: Mark will work with John and set up a central location, the Recreation Center,. to store supplies. CPR Training: Tom reported that there were 45 recertification, 4 first -time trainees, and 5 no shows. Tom will have the list in the next Siren. There was talk of offering CPR again on a one -time basis for those who didn't or could not attend. A flyer in the payroll stuffer would notify employees of this. Tom will notify Myron. Fire Chief: Could the new fire chief (full-time employee) be available to the safety committee as a liaison? The committee would like some input on his job description. Brenda will keep us advised on this situation. Dick asked that everyone bring ides about what this individual could do for the safety committee to next meeting. Goals & Objectives: 1997 goals & objectives were discussed. See enclosed form. 1. CPR training has been done. 2. Fire extinguisher training is completed. • 3. Each building must have a written detailed evacuation plan with a map as to where to go. 4. Injury and accident reports need to be broken up and discussed. Tom is working on the incentive program. Scott and Brenda will form a sub- committee. Anyone with ideas, please contact them. 7 LI 6. Brenda reported that City Hall now works with the Police Department Berkley Associates or Minnesota Safety Council. 9. First Aid was discussed in the earlier minutes. 10. The orientation video will stay the same, unless John wants changes. 0 regarding office security. All other departments reported no problems. Any employee may go to a safety meeting and possibly train other employees in their department about material learned at meeting. Discussion about offering a short one -day session for Lock Out/Tag Out training for all employees. Office and maintenance may be trained separately, as was done with back safety. Dick and Brenda will work on this and possibly contact Training: Monthly training was done in all departments. CPR was done for all departments. Wastewater had lab safety meeting. Scott had meeting on proper grilling for the City Hall staff. Other: There was lengthy discussion if there should be a director at the safety meeting. Brenda will check into this for next meeting. Meeting was adjourned at 11:20 a.m. • The next meeting will be held on November 20, 1997 (Let's hope that we aren't plowing snow yet!). C� • HUTCHINSON EMPLOYEE SAFETY COMMITTEE 1997 GOALS AND OBJECTIVES 1. CPR Refresher Course and Recertification -- September 1997 (OSHA Requirement) X -; # 6 0r 2. Fire Extinguisher Training for City Employees — May 1997 (Conducted by Gacey Stotts)_$ Evacuation/Storm Policies for All City Buildings -- Prepared by Individual Departments 4. Injuries and Accidents -- Sub - Committee > Develop procedure for sub - committee to review accident reports and accident sites > Who/Why/Prevention > Show video entitled "Attitude" which concerns an accident Defensive Driving -- Human Resource Coordinator 6. Incentive Program -- Human Resource Coordinator • 7. Office Security/Safety -- Dick write a memo to City Administrator requesting a security review in all City buildings. Train the Trainer -- Send one or more committee members to a seminar or class on a particular subject or topic; the trainer will present the material to City employees. 9. Lock Out/ Tag Out Program -- Sub - Committee with Eldon as Leader > Written policy, written procedure, and maintain records 10. First Aid Kits /Supplies -- Departmental — John will do inspections 11. Review Orientation Video -- Sub - Committee l_ • Hutchinson Fire Department Regular Meeting Monday October 6, 1997 The meeting opened at 8:10 p.m. The minutes from the previous months meetings were read and approved. Committees Uniforms - Rob Carlson has a sign -up in the control room for Fire Dept. coats if interested. The sheet will be removed the 20 Fire Prevention - Casey Stotts stated that the sign up sheets for the remaining fire prevention dates are up. West Elementary would like to have the Fire Safety Trailer the week of October 20"'. SCBA - Gary Forcier requested that when hanging masks, be sure to hang by straps and face pieces away from hangers. Bills General Account Cash Wise Foods $178.57 More 4 $4.47 Gary Forcier $53.80 Domino's $120.00 Food and Fuel $31.84 TOTAL $988.68 Runs 9-1 Alarm - Hospital 9-23 Alarm - Park Elementary 9-1 CO Alarm - Officer Only 9.23 Smoke - Officer Only 9-2 Vehicle - Hassan Valley Twsp. 9-26 Medical - Lynn Twsp. 94 Residential 9-26 Alarm - High School 9-5 Residential 9-26 Alarm - High School - Officer Only 9 -5 Medical - City of Biscay 9 -29 Farm Rescue - Hutchinson Twsp. 9 -12 Vehicle - Lynn Twsp. 9 -29 Rescue 9-13 Alarm - Middle School 9-30 Residentlal - Officer Only 9 -16 10-52 Mutual Aid - Silver Lake 9-30 Alarm - Park Elementary 9-16 10-52 - Aooma Twsp. 9.30 Alarm - Victorian Inn 9-17 Alarm - HTI 9-8 Drill 8 Meeting 9-18 CO Alarm - Officer Only 9-8 SCBA's 9-19 Commercial - Dobratz Carpets 9-15 Drill 9-20 Rescue - Cedar Mills Twsp. 9-22 Drill 9-22 CO Alarm - Officer Only 9-29 Officer Drill . MMS to approve the bills and runs as read. Motion Passed Old Business Gary Henke handed out Beneficiary Certificates for the Fire Dept. Relief Association. Gary asked that you store this document in a safe place. New Business Duane Hoeschen stated that the 1 Responder refresher training will be on Monday, October 13"'. Please bring your cards to the training. Asst. Chief Dan Steele stated that there will be a live bum on October 18 south of Corvuso and the Anoka bum trailer will be in Dassel on October 27 Asst. Chief Dan Steele stated that the fax machine in the control room is functional and will print out the location of the fire call if the dispatcher sends it. .�e Chief Steve Brad Emans welcomed back Kent Koelln and Jeff Nies for completing the 2 year paramedics course in 9 months. 36 Chief *bow Brad Emans stated that the Chiefs conference will be in Rochester on October 18th _'8 Chief Slaw Brad Emans then read a memo to the city council on the Congressional Fire Service Award that will be presented to Casey Stotts on Monday October 13'". A representative from Senator Rod Grams office will be here to present the certificate. Firefighters should wear there light blue uniforms. Meeting Adjoumed at 8:45 PM. Jim Brodd Secretary • • • LL 0 0 0 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 2 2t Miller Woods Consortium Minutes Members in attendance 22, September, 1997 John Miller -via conference phone call Betsy Connelly Terri Antony John Mlinar Dolf Moon Ed Doring Jarvis Watnemo Marlin Torgerson Mark Schnobrich Mark Schnobrich opened the meeting by discussing the Phase I update of activities that had taken place in Miller Woods Park.. The Minnesota Dept. of Natural Resources MCC crew finished the removal of non natives and chipped the brush which will be utilized on the existing trail to replenish the wood chips. The stumps and logs will be picked up by the City crews while herbicide will be used to treat the stumps to discourage resprouting next year. Neighborhood clean up was discussed with the consortium agreeing that all residents around the park should be notified that October 12th, 1997 from l :pm to Ipm each resident would be asked to participate in cleaning up the park by hauling out to the center of the park all debris in the form of cement , Chnstmas trees, wire, posts, tires etc. in an area directly behind their particular home. The City crews would then , on October 20th, 1997 enter the park and haul the material away. This would allow those residents who were unable to participate in the Oct. 12th clean up day to have a chance to help in the clean up. Phase II of the renovation project was discussed with Schnobrich passing out an outline of the proposed steps that would follow in 1999 and 1999, [ see 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 enclosed ] . Park entrances were discussed with the consortium agreeing that the moving of the north entrance off of private property and on to park land directly west of the Steve Walling property would be taking place this year. Also the south entrance off of Rolling Oaks Lane would remain open as well as the already existing east entrance off of School Rd., North. There still exists an entrance in the NW corner of the park between 1290 7th Ave. NW and 521 Shady Ridge Road but at this time no interest was shown to improve that entrance in the near future. Budget concerns were addressed with Schnobrich presenting estimates as to costs that may be incurred over the next 3 to 5 years ranging from $300.00 to $1,000.00 per acre of renovated prairie. The consortium discussed the number of acres that might be renovated. Schnobrich stated that the initial plans are to convert that portion of the park which lies inside of the existing trail [an • estimated 5 -10 acres ] over the next 3 -5 years,_ as funding allows A comparison was made to the fact that one single playground set currently being installed in our active parks costs between $10,000.00 and 15,000.00. Other items discussed were the continuation of the cedar post markers, which were placed at ever other lot corner between the park and private residences in the summer of 1996, to now be placed at every lot comer to help park users and residents better distinguish between private and park property. The consortium agreed to meet again on October 27 1997 at 5.30 PM at E Miller Woods Consortium • Meeting Minutes 27, October 1997 Members Present: Charles Olson John Miller Ed Doring Jarvis Watnemo Terri Antony Dolf Moon Marlin Torgerson Ruth Torgerson Mark Schnobrich The meeting opened with discussion of the letter sent to the Nature Conservancy of Minnesota requesting permission to collect seed at their Schaefer Prairie site near Brownton. Schnobrich stated that the Nature Conservancy would be reviewing the request on 24, October but the initial conversation indicated that with support from the City of Hutchinson the Conservancy would be willing to allow the collection considering the circumstances around our site in Hutchinson [ letter enclosed with minutes ] . The Consortium requested that staff compile a Policy Draft specifically for Miller Woods in respect to the DO's and Don't's for residents around Miller Woods- In the draft policies such as yard waste depositing and reviewing of tree trimming and removal from the park will be outlined. In order for the Consortium to make an objective recommendation to the Council in regards to funding, an exact measurement of the area will need to be completed. Schnobrich was directed to compile that information and to present to the Consortium the estimated costs of renovation for the oak savannah. The park boundary itself was marked with 16 wooden stakes in 1996 with posts being placed at every other lot comer where feasible. To further help delineate the park boundary another 8 stakes will be placed on lot comers next spring. A and slide review of phase I of the renovation project was presented along with a video tour of the St. John's Abbey oak savannah in Collegeville, Mn. A brief discussion of the Summer of 1998 plan of action was reviewed with phase II of the project beginning in spring of 98. Additional removal of woody material followed by herbicide application to kill the pasture grasses will begin the process followed by mowing and additional herbicide applications- phase 11 will culminate with a bum in September and then seeding of flowers and grasses to finish the year out . The next meeting of the Miller Woods Consortium will be December 1, 1997 at 5:30 at the City Center 40 Conference Room. CITY OF LIQUOR 1UTT�HINSON CITY OF HUTCHINSON 415RNOMPARISON 1J LIQUOR ST MP t 1997 �� OCTOB 1996 �� TOTAL R BEER WINE MISC. TOTAL BY WEEK 1 2,312 2,762 706 2 2,518 3,953 543 3 3,953 7,073 1,402 4 3,812 7,027 1,530 6 1,522 2,226 329 7 1,537 2,238 1,752 8 1,500 2,127 538 9 2,488 3,207 744 10 3,607 6,077 1,149 11 3,617 5,978 1,198 13 2,002 2,101 490 14 2,258 2,424 465 15 1,944 2,560 625 16 1,770 3,557 704 17 3,532 5,928 1,285 18 2,864 5,672 1,179 20 1,632 1,993 551 21 1,720 1,879 626 22 1,610 2,356 469 23 1,986 3,411 718 24 4,132 5,487 1,298 25 4,155 6,064 1,140 27 1,491 2,282 580 28 1,511 2,173 544 29 1,859 2,348 372 30- 2,720 3,221 747 31 3,612 6,920 1,573 67,664 103,044 23,257 96 TOTALS 55.488 90785 17,621 % OF SALE 33 51 11 SALES INC OR DEC 31,561 290 6,070 374 7,388 792 13,220 553 12,922 180 4,257 228 5,755 266 4,431 298 6,737 490 11,323 738 11,531 210 4,803 192 5,339 264 5,393 198 6,229 609 11,354 470 10,185 176 4,352 288 4,513 422 4,857 317 6,432 494 11,411 564 11,923 165 4,518 387 4,615 157 4,736 233 6,921 536 12,641 44,034 43,303 43,488 33,431 9,891 203,856 8,401 (\ 172,295 5 \ 100 0 OCTOBE`k- - 1996 LIQUOR BEER WINE MISC. TOTAL TOTAL BY WEEK 1 1,214 2,414 405 233 4,266 2 1,785 2,118 429 214 4,546 3 1,721 2,896 541 346 5,504 4 3,253 5,602 880 479 10,214 5 3,407 6,398 1,032 511 11.348 35,878 7 1.404 1,804 396 305 3,909 8 1,392 2,016 439 236 4.083 9 1,582 2,116 324 188 4.210 10 1,437 2,913 603 193 5,146 11 3,140 5,427 982 606 10,050 12 2,719 5,750 1,361 558 10,368 37,791 14 1,031 2,219 383 213 3,846 15 1,713 2,105 400 284 4,482 16 1,536 2,909 437 157 5,039 17 2,209 3,560 721 309 6,798 18 2,971 5,372 1,089 481 9,913 19 2,968 5,244 1,048 466 9,726 39, 804 21 1,523 2,186 337 184 4,230 22 1,379 1,793 570 270 4,012 23 1,632 2,157 339 156 4,284 24 1,909 2,681 627 236 5,453 25 3,154 5,515 1,062 549 10,279 26 3,615 6,087 1,269 426 11,397 39,655 28 1,709 2,449 289 245 4,693 29 1,670 2,151 542 248 4,611 30 1,347 2,019 495 163 4,024 31 2,068 2,884 619 266 5,837 19,165 TOTAL 55,488 90,785 17,621 8,401 172.294 95TOTALS 53,579 82,551 15,357 11,120 162,607 % OF SALE 32 53 10 5 100 SALES INC OR DEC 9,687 6 % 10/24/97 HUTCHINSON UTILITIES COMMISSION PAGE 1 BALANCE SHEET SEPTEMBER 30, 1997 ■ +� M M TOTALS M M M ASSETS UTILITY PLANT - AT COST ~ LAND d LAND RIGHTS 891,734.75 J _ DE PRECI A BLE UTIL I_T_Y_ PLA _ _ 53, 019,9 TOTAL UTILITY PLANT 53,910,804.88 LESS ACCUMULA DEPREC _ _ _ (20,088,974,23) TOTAL ACCUMULATED DEPRECIATION (20,088,974.23) _C ONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS 7 TOT AL UTI PLANT DEPREC V ALUE RESTRICTED FUNDS d ACCOUNTS _ I NVESTMENT - GAS RES E_RVE_S__ MEDICAL INSURANCE BOND d INTEREST PAYMENT 1993 _ BOND RESER - 1993 CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS d ACCOUNTS 659,199 _ 659,199.16 ,8 81,029.81 __ _ 675,454.69 100 1,136,799.75 _ 1,389,320,00 1,250,000.00 4,551,574.44 CURRENT d ACCRUED ASSETS CASH IN BANKS 2,631,365.89 INVESTME d SAVINGS AC �_ — 71,015.84 ACCOUNTS RECEIVABLE 1,872,834.84 INVENTORIES 1,237,687.13 PREP INSURANCE 46,531.20 _ ACCRUED INTEREST RECEIVABLE 35,139.00 MISC - ACCOUNTS RECEIVABLE 1,000.00 DEFERRED CHARGE FOND DIS 1993 TOTAL DEFERRED CHARGE TOTAL ASSETS 1 =a 137,556.09 137,5-,8.09 45,065,736.32 __ 10/24/97 HUTCHINSON UITLITIES COMMTSSION PAGE 2 BALANCE SHEET SEPTEMBER 30, 1997 r w * r TOTAL ■ • • • MUNICIPAL E A LIABILITIES - MUNICIPAL EQUITY MUNICIPAL EQUITY 29,722,477.20 UN RETA E ARNIN G S 1.408.496.59 TOTAL MlFlICIPAL EQUITY _ 31,130,973.79 LONG TERM LIABILITIES - OF -� CURRENT MATURITIES _ 1993 BONDS 12,250,000.00 TOTAL LONG TERM LIABILITIES 1 250,000.00 _ CONSTR CONTRACTS 8 ACCTS PAY RETAIN ACCR EXPENS - RETAINAGE ___ 2,976 _ _ TOTAL CONSTRUCTION 8 ACCTS PAY 2,976.12 CURRENT 8 ACCRUED LIABILITIES ACCOUNTS PAYABLE 994,346.67 INTEREST ACCRUED 200,802.68 ACCRUED PAYROLL 101,494.57 - ACCRUED VACATION PAYABLE 152,755.52 ACCRUED MEDICAL FUND 96,215.27 ACCRUED REC PAYMENT 4,104.56 _ _ CUSTOMER DEPOSITS 94,210.00 OTHER CURRENT 8 ACCRUED LIABILITIES 37,854.14 �- TOTAL CURRENT 8 ACCRUED LIAB _ i,681,786.41 i_. lv TOTAL MUNICIPAL EQUITY 6 LIAB 45,065,736.32 w _ m 4 0 10/24/97 HUTCHINSONIOLITIES COMMISSION PAGE i . STATEMENT OF INCOME b EXPENSES SEPTEMBER 30, 1997 PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET fl INCOME STATEMENT _ OPERATI REVEN SALES - ELECTRIC ENERGY 8,466,459.07 8,896,720.16 8,557,900.00 338,820.16 11,300,000.00 SALES FOR RESALE 297,408.00 - 779,779.80 570,000.00 209,779.80 570,000.09 - NET INCOME OTHE SOUR 448.51 ______ 7 0,065. _1 2 38,779.0 31,306.12 _ .. .'4 990.00 SECURITY LIGHTS _ __4 9,686.50 9,531.50 9,750.00 (218.50) 131000.00 POLE RENTAL 3,067.75 3,050.75 4,000.00 (949.25) 4,000.00 SALES - GAS 4 ,172,320 .5 2_ 1 45,219. 63 4,243,00 902,2 19_63_ 6,000,000.0 _ TOTAL OPERATING E _ _ 12,989,390.33 881.22 _ 13,423,429.00 1,480,957.96 17,941,000.00 MFG GAS PROD MAINT 154.77 12,592.02 2,000.00 (10,592. 21900.QQ OPERATING EXP ENSES __ __ ___ _ 6,427,495.20 (1,063,934.23) 8,360,790.00 PRODUCTION OPERATION 819,925.13 961,191.22 904,455.53 (56,735.67) 1,153,395.00 _ PRODUCTION MAINTENANCE 509,429.29 405,837.25 443,950.00 38,112.75 486,100.00 PURCHASED POWER ___ _1,92 1,1 48,335.08 1,065, .__ ( 8,555.08) 2 _ 1,719,00 TRANSMISSION OPERATION .00 .00 .00 .00 3,400.00 TRANSMISSION MAINTENANCE 19,466.38 50,917.11 58,450.00 7,532.89 84,000.00 _ EL ECTRIC OP ERATIO N 154,978.48 i8 B, 596.3 173,576.0 (15 _ 209,450 _DISTRIBUTION ELECTRIC DISTRIBUTION tlW CE _ 149,551.13 136,230.00 (13,321.13) 170,100.00 _ MFG GAS PRODUCTION OPERATION 710.09 881.22 500.00 (381.22) 1 MFG GAS PROD MAINT 154.77 12,592.02 2,000.00 (10,592. 21900.QQ _ PURCHASED GAS EXPENSE _ 5,873,461.86 7,491,429.43 6,427,495.20 (1,063,934.23) 8,360,790.00 GAS DISTRIBUTION OPERATION 172,531.23 173,899.60 187,651.20 13,751.52 244,120.00 EN ANCE GAS DISTRIBUTION MAINTEN 35,945.17 4 3,356.73 41,851. (1,505.7 54,900.0 R CTIONS CUSTM ACCOUNTING b COLLE 152571.26 173,663.59 165,9 (7,714.59) 220,800.00 ADMINISTRATIVE 6 GENERAL EXPENSES 972, 1,244,661.01 1,085,073.96 (159,587.05) 1,425,116.20 DEPRECIATI 1,089,315.00 1, 1,166,700.00 72.660.00 1,562,000.00 _ 1= TOTAL OPERATING EXPENSES 11,869,990.30 13,08,953.84 11,859,663.91 (1,279,289.93) 15,698,171.20 OPERATING INCOME 1,119,409 . !, _ 1, 563,765 201.668.03 _ 2.242.828.80 i� OTHER INCOME OTHER - NET 68,264.24 105,743.02 62,350.00 43,393.02 90,000,00 INTEREST INCOME 155,212.53 216,599.20 153,300.00 63,299.20 210,900.09 .+ MISC INCOME 70,133.23 84,299.44 52,200.00 32,099.44 60,000.00 .. G AIN ON DISPOSAL .00 .00 _ . 00_ ____ _00 ___ .1590_00 ..o MISC INCOME GAS 240,121.30 290,588.86 215,820.00 74,760.86 327,000.00 TOTAL OTHER INCOME 533,731.30 697,230.52 483,670.00 213,560.52 685,500.00 OTHER EXPENSES - - - DEPLETION - GAS WELLS .00 .00 .00 .00 !05,000.00 M ISC EX PENSES ___ 6 7,650.03 9 6,592.85 SS 532.0 (45, 060.85) 71.300 - INTEREST EXPENSE 482,032.41 450,909.20 448,626.00 (2,283.20) 599,400.00 -71 TOTAL OTHER EXPENSES 549,882.44 547,502.05 500,158.00 (47,344.05) 775,700.00 CONTRIBUTION TOC 506,250.00 TOTAL CONTRIBUTION TO CITY 506,250.00 y NON - OPERATING INCOME (522,401.14) 506,665.00 506,250.00 (415.00) 673,000.00 506,665.00 506,250.00 (415.00) 675,000.00 936.53) (522,738.00) - 165,801.47 - (762,200.00 NET INCOME 596,998.91 __ 1,408,496.5 -- __1,041,027.09__ -- 367,469.50_ _ _ 1_480,628.80