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cp06-25-1996 c1996 SUNDAY MONDAY UESDW -23- -24- -25- 10:00 & 11:00 a.m. - Voice Mail Training in Council Chambers 4a. Noon - Safety Council at Heritage Center 4:15 p.m. - Employees Meeting Re. "Better Idea Network" in HUTCffiNSON 3:00 p.m. - Utilities Commission Council Chambers CITY Meeting at Utilities CALENDAR 5:30 p.m. - City Council Meeting 4:30 p.m. - Library Board Meeting in Council Chambers WEEK OF at Library June 23 to June 29 1996 7:30 p.m. - Airport Commission Meeting at Airport Lobby WEDNESDAY THURSDAY FRIDAY SATURDAY -26- -27- -28- -29- VACATION: 10:00 a.m. - Directors Meeting in 11:00 a.m. - Employee Safety Staff Conference Room Committee Meeting & Picnic CONNIE MAKI - June 24 - 27 Lunch at Kiwanis Park Shelter "Rocket Hill" RANDY DEVRIES - June 24-28 KEN MERRILL - June 24 -28 5:30 p.m. - Tree Board Meeting at Marquette Bank Conference Room • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 25, 1996 CALL TO ORDER - 5:30 P.M. ?. INVOCATION - Rev. Larry Johnson, Calvary Wesleyan Church 3. CONSIDERATION OF MINUTES MINUTES OF REGULAR MEETING OF MAY 28, 1996 AND JUNE 10, 1996; BID OPENING MINUTES OF JUNE 7, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL /INVESTMENT REPORT - MAY 1996 2. PLANNING COMMISSION MINUTES OF MAY 21, 1996 (b) DELINQUENT WATER AND SEWER ACCOUNTS • (c) TRANSIENT MERCHANT PERMIT FOR MATTHEW EARL PALMER; DB /A FOUR SEASONS STEAK, CHICKEN, SEAFOOD (d) OUT -OF -STATE TRAVEL FOR DIRECTOR RANDY DEVRIES (e) PAYMENT TO DUANE HOVERSTEN OF MINNESOTA SMALL BUSINESS DEVELOPMENT CENTER (f) CONDITIONAL USE PERMIT REQUESTED BY DENNIS CZECH, DMC DEVELOPMENT CO., TO CONSTRUCT THREE 30 -UNIT BUILDINGS AND ONE 47 -UNIT BUILDING LOCATED AT 55 NORTH HIGH DRIVE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10700) (g) AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 REGARDING BOAT HOUSES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 96 -169 AND SET SECOND READING FOR JULY 9, 1996) (h) PROPERTY REZONING FROM AGRICULTURAL TO HWY. BUSINESS (B -1) IN SECTION 33, HUTCHINSON TOWNSHIP, REQUESTED BY BRIAN AND BRAD LOKENSGARD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (i) VARIANCE REQUEST FOR REDUCTION OF SIDE YARD SETBACK FROM • 10' TO 5' FOR INSTALLATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEM, HUTCHINSON TOWNSHIP, BY HENRY OGITZAK, 1060 BLUFF STREET, WITH NO RECOMMENDATION FROM PLANNING COMMISSION CITY COUNCIL AGENDA - JUNE 25, 1996 • Q) PROPERTY REZONING FROM AGRICULTURAL TO RURAL RESIDENTIAL, ACOMA TOWNSHIP, REQUESTED BY SKIP QUADS WITH NO RECOMMENDATION FROM PLANNING COMMISSION Action - Motion to approve consent agenda ■ 1 WS il . 1'u (a) TRANSFER OF OWNERSHIP OF CITY CABLE TELEVISION FRANCHISE TO TRIAX MIDWEST ASSOCIATES, L.P., OR DD CABLE PARTNERS, L.P., DD CABLE HOLDINGS, INC. AND ITS VARIOUS SUBSIDIARIES DB /A/ MIDWEST CABLEVISION Action - Motion to continue hearing (b) ASSESSMENT ROLL NO. 5001 & 5001A, LETTING NO. 7, PROJECT NO. 96-09, 96 -10, 96 -11, 96 -12 & 96 -13 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution 6. COMMUNICATIONS, FO STS AND PETITIONS -- NONE 7. RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA • 8. UNFINISHED BUSINESS -- NONE (a) CONSIDERATION OF REJECTING QUOTES ON TWO GROUNDS MAINTENANCE MACHINES AND AUTHORIZING RE- BIDDING THE UNITS (DEFERRED MAY 28, 1996) Action - Motion to reject - Motion to approve 9. NEW BUSINESS (a) CONSIDERATION OF ENTERING INTO CONTRACTUAL AGREEMENT WITH STATE OF MINNESOTA FOR CIVIC ARENA "MIGHTY DUCKS" GRANT AND TO ADVERTISE FOR BIDS Action - Motion to reject - Motion to approve and enter into agreement and advertise for bids (b) CONSIDERATION OF SCHEDULING CLOSED LITIGATION MEETING REGARDING OSGOOD `HAYDEN/LAKE STREET PROJECT FOR JULY 9, 1996 AT 4:30 P.M. Action - Motion to reject - Motion to approve closed litigation meeting • • CITY COUNCIL AGENDA - JUNE 25, 1996 (c) CONSIDERATION OF APPROVING REVISED POSITION DESCRIPTION FOR HUMAN RESOURCES COORDINATOR AND AUTHORIZING INTERNAL POSTING OF POSITION Action - Motion to reject - Motion to approve (d) CONSIDERATION OF RENEWING LIABILITY, COMPREHENSIVE AND AUTOMOBILE INSURANCE Action - Motion to reject - Motion to approve insurance renewals 10. MISCELLANEOUS (a) COMMUNICATIONS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • u • • 3 • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 28. 1996 1. The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg. and City Attomey G. Barry Anderson. 2. The invocation was given by the Reverend Michael Wuehler. f k& I`►LJI_IR The minutes of the regular meeting of April 23, 1996 and bid opening minutes of May 20, 1996 were approved as presented. X416&340 WMIJ 1`►1I7:1 (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL/INVESTMENT REPORT - APRIL 1996 2. PLANNING COMMISSION MINUTES OF APRIL 16, 1996 3. LIBRARY BOARD MINUTES OF MAY 20, 1996 is 4. AIRPORT COMMISSION MINUTES OF APRIL 29, 1996 5. POLICE COMMISSION MINUTES OF MAY 17, 1996 (b) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 10683 - RESOLUTION FOR PURCHASE RESOLUTION NO. 10684 - TRANSFERRING $35,735 FROM 1996 GENERAL FUND TO HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) TRANSIENT MERCHANT LICENSE FOR T & R DISTRIBUTING (e) CONDITIONAL USE PERMIT REQUESTED BY TWIN CITY TACO JOHN'S INC. FOR ADDITION TO DINING ROOM AT TACO JOHN'S LOCATED AT 134 FOURTH AVENUE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10686) (f) VARIANCE REQUESTED BY ERICKSON OIL TO REDUCE DRIVEWAY SETBACK FOR CAR WASH LOCATED AT I1 FOURTH AVENUE NE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH • STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10687) (g) CONDITIONAL USE PERMIT REQUESTED BY 3M COMPANY TO PLACE CITY COUNCIL MINUTES - MAY 28, 1996 0 SECONDARY UNDERGROUND SPILL CONTAINMENT TANKS AND MODIFY EXISTING TANKS IN FLOOD FRINGE LOCATED AT 905 HWY. 22 SOUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10688) (h) CONDITIONAL USE PERMIT REQUESTED BY STEVE ARNESON TO MOVE MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10689) (i) AMENDMENT OF ZONING ORDINANCE FOR ADDITION OF DEFINITION OF MASSAGE SERVICE ESTABLISHMENTS PERMITTED IN C.3, C-4. I -1, I -2 AND I/C DISTRICTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 96 -167 AND SET SECOND READING FOR JUNE 10, 1996) (j) AMENDMENT OF ZONING ORDINANCE TO ESTABLISH NEW ZONING DISTRICT C -5 (CONDITIONAL /COMMERCIAL) LOCATED IN ISLAND BETWEEN HWY. 7 WEST AND THIRD AVENUE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 96-168 AND SET SECOND READING FOR NNE 10, 1996) (k) LOT SPLIT OF PADEN'S FIRST ADDITION AND HUNTER'S RIDGE FOR WORD OF LIFE CHURCH AND SCHOOL WITH FAVORABLE RECOM- MENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (1) SIX -MONTH EXTENSION FOR SUBMITTAL OF FINAL PLAT OF KRSIEAN ACRES PLAT II WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve the consent agenda with the exception of items 4 -(d), (g), 0), and (k) was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. Item 4- (d) - -The motion was made by Council Member Mlinar to deny the request for a transient merchant license based upon the recommendation from the Police Chief. The motion was seconded by Council Member Peterson and unanimously carried. Item 4- (g)-- Council Member Craig requested clarification on the system and asked 3M representative Bruce Bjorklund to summarize how 3M plans to use the system. Mr. Bjorklund reported there will be two systems put in, with acrylic acid as one of • • CITY COUNCIL MINUTES - MAY 28, 1996 the chemicals to be used. He also explained the tanks and the reason for their locations. The secondary containment will be placed outside. Following discussion, Council Member Mlinar moved to approve the conditional use permit and to adopt Resolution No. 10688. Motion seconded by Council Member Peterson and unanimously carried. Item 4 -0)- -City Administrator Plotz addressed a letter received from Bob Wiehr in which he expressed concern regarding clarification of pole type structures to be allowed in the new zoning distract C -5. Mr. Wiehr recommended that conditional pole barns be allowed like the more restrictive C/4 and C/3 areas presently do. Following discussion, Council Member Peterson moved to approve the new zoning district C -5, to amend the language to allow pole buildings with a conditional use permit, and to waive first reading of Ordinance No. 96 -168. Motion seconded by Council Member Mlinar and unanimously carried. Item 4- (k)-- Council Member Craig commented that the lot split was required for the Word of Life Outreach Center's shift of assessments and ancing package for its • new facility to be located at South Grade Road and School Road North. He further noted that the Planning Commission had recommended approval of the lot splits for Paden's First Addition and Hunter's Ridge. Following discussion, Council Member Craig moved to approve the lot splits for Paden's First Addition and Hunter's Ridge, seconded by Council Member Erickson and unanimously tamed. 5. PUBLIC HEARING - 6:00 P.M. NONE RRIM L1110 v. U. In .. (a) "EXCELLENCE PLUS" REPORT ON "ONE STOP SHOP" BY BUILDING. PLANNING AND ZONING DIRECTOR JIM MARKA Building Official Marka reported on the process used to develop a "One Stop Shop" approach in the building, planning and zoning department. (b) PETITION FOR "SAVE OUR CANINE PROGRAM" Mayor Torgerson read a letter received from the Kiwanis Club in which the members gave support to the canine Unit. Michelle Karg presented the City Council with a petition of 1,658 resident signatures in favor of keeping K -9 Don and the Hutchinson canine program. She also stated that • CITY COUNCIL MINUTES - MAY 28, 1996 • an individual had offered to donate one year's supply of dog food and about $1.900 had been collected or pledged toward the cost of the K -9 program. Veterinarian Virgil Voigt informed the Council that the consensus of the citizenry was to keep the canine program, and it was a very unpopular decision to cut it from the budget. He requested that the Council find the funding to support the program. The daughter of Officer Mark Schoutz requested that the City Council reconsider their decision. She pointed out that other communities were envious of Hutchinson's canine program, and K -9 Don's services were used in dangerous situations. Also. the dog is used as a back -up while on duty. Mayor Torgerson commented that the program cost $14- 15,000 a year, and a special squad car was required for K -9 Don. He was not optimistic that the City of Hutchinson would continue the program since the County would be starting a similar unit; however, the Council would place all the comments under advisement. 7. RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA 8. UNFINI H D BUSINE -- NONE 9. NEW BUSINESS • (a) CONSIDERATION OF SCHEDULING VARIANCES WORKSHOP ON JUNE 17, 1996, PRESENTED BY CITY ATTORNEY G. BARRY ANDERSON Following discussion, Council Member Mlinar moved to approve the variances workshop for June 17, 1996 at 7:00 a.m., seconded by Council Member Erickson and unanimously carried. (b) CONSIDERATION OF AWARDING PHASE I OF PAVEMENT MANAGEMENT SERVICES TO BRAUN INTERTEC Engineer Rodeberg reported that $35,000 had been budgeted for Phase I and II of the Pavement Management Services. He recommended that Braun Intertec perform the Phase I pavement quality testing services in an amount not -to- exceed $11,940. Following discussion, Council Member Peterson moved to approve awarding the contract to Braun Intertec in an amount not -to- exceed $11.940, seconded by Council Member Craig and unanimously carried. (c) DISCUSSION OF HUTCHINSON AREA TRANSPORTATION SERVICES (HATS) FACILITY STATUS Engineer Rodeberg reported that, in general, staff is very satisfied with the HATS 4 • • CITY COUNCIL MINUTES - MAY 28, 1996 facility, although there have been some minor problems. The project went slightly over the proposed budget due to higher costs on some items: however, the City share of costs is close to the original budget and below the bonded funds. An open house of the facility is proposed for September. (d) DISCUSSION OF FEDERAL ISTEA PROJECT STATUS FOR SOUTH GRADE ROAD, LUCE LINE TRAIL, BLUFF STREET BRIDGE, AND FIFTH AVENUE SE BRIDGE The Director of Engineering updated the City Council on the status of the four Federal Aid ( ISTEA) projects for 1996. > Bluff Street Bridge and Roadway Project - -Bid opening July 1, 1996. > Fifth Avenue Bridge -Bid opening September 1996; bridge completion In 1997, with road construction bid and constructed next year. > South Grade Road - -Bids opened; to be awarded by Mn/DOT; work to start about June 10, 1996, with 10 week maximum schedule proposed. > Luce Line Trail - -Bids to be opened mid -July 1996. with construction to be completed this year. • No action was required or taken. (e) CONSIDERATION OF CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1997 Finance Director Kenneth B. Merrill explained the new state aid program. Each city that signs up will receive $1 times the recent population figure, which would amount to $12,404 for Hutchinson. He stated that the qualifying form which must be submitted by June 30, 1996, requires the signature of the Mayor and a Council Member. Following discussion, Council Member Erickson moved to approve authorization and signatures for the aid certification form. Motion seconded by Council Member Peterson and unanimously carried. (f) CONSIDERATION OF TAX FORFEITED PROPERTY ACQUISITION Engineer Rodeberg reported that the tax forfeited property located at Lot Nine, Block One, California Second Addition, McLeod County, would be used for City street and utility right -of -way purposes. Following discussion, Council Member Craig moved to approve the purchase and to waive reading and adopt Resolution No. 10685. Motion seconded by Council Member Peterson and unanimously carried. I� L CITY COUNCIL MINUTES - MAY 28, 1996 • (g) CONSIDERATION OF ENTERING INTO AGREEMENT WITH KEVIN COMPTON, DENNIS KAHL AND WORD OF LIFE OUTREACH CENTER City Attorney Anderson presented the proposed agreement and stated that it will: (1) provide organization to the process; (2) guarantee the property assessments w ill be paid; (3) place the financing on the property owner and not affect the tax payers; and (4) shift any risk onto the Word of Life Outreach Center. Following discussion, Council Member Mlinar moved to approve and enter into the agreement, seconded by Council Member Craig. The motion carried four to one with a nay vote from Council Member Erickson. 10. MISCELLAhjQUS (a) COMMUNICATIONS FROM RESIDENTS ON HWY. 7 EAST Mayor Torgerson read a letter received from four property owners on Hwy. 7 East who requested a cost analysis for installation of a samtary sewer. Engineer Rodeberg reported that the land is too low to be provided with sanitary • sewer, but the service could be provided from the back side of th property. He will obtain costs for the improvement and provide the Council with the information. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated that quotations were received from three dealerships for the purchase /lease of two grounds maintenance machines. After reviewing the proposals, it was recommended to accept the Toro quote at a cost of $24,371.00 plus tax and agree to rotate the machines every two years at a cost of $13,000.00 plus tax, beginning in June 1998. The L & P Supply representative was present and stated he would like to be con- sidered for the John Deere machines since he was a local business owner. Following discussion, it was the consensus of the Council that the City Attorney will review the specifications before the contract is awarded. Council Member Mlinar moved to defer to the June 10, 1996 Council meeting, seconded by Council Member Erickson and unanimously carried. (c) COMMUNICATIONS FROM HCDC REGARDING GRANT FOR IMPRESSIONS INCORPORATED HCDC Director Dick Lennes requested that the City Council set a public hearing on June 10, 1996 to consider the submission of a $150,000.00 grant application to the Minnesota Department of Trade and Economic Development to provide an 6 • • CITY COUNCIL MINUTES - MAY 28, 1996 equipment loan to Impressions Incorporated. Following discussion, Council Member Mlinar moved to approve a public hearing on June 10, 1996 at 6:00 p.m. Motion seconded by Council Member Peterson and unanimously carried. (d) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz requested clarification on the utilities policy for gas so that the utilities could provide service for a home on Jefferson Street that was in question. Following discussion, it was the consensus of the City Council and staff that the utilities policy would pertain to locations where there is an existing gas main and that the City would not extend extensions for water, sewer, and/or gas to property out of the City limits. Also, there is a $150 charge for the service hook -up and a 100% cost for the service. The motion was made by Council Member Craig to approve the policy, seconded by Council Member Erickson and unanimously carried. • The City Administrator presented his first quarter progress report of 1996 management objectives. Mr. Plotz mentioned that he was considering changing the approach to composting. Instead of holding composting classes, he was thinking about offering a take -home video on composting. Three upcoming meetings were noted by Administrator Plotz: June 18, 1996 -- 4:00 p.m. (At Hospital) Joint Meeting of City Council and Hutchinson Area Health Care Board July 9, 1996 -- 4:30 p.m. (At City Center) Joint Meeting of City Council and Library Board Fall of 1996 Annual Meeting of Joint Jurisdictions The City Administrator requested to change the date of the City Council /Staff Workshop regarding revenue forecasting from June 11, 1996 at 4:00 p.m. to June 10, 1996 at 4:00 p.m. Council Member Erickson moved to approve the Workshop for June 10, 1996 at 4:00 p.m., seconded by Council Member Craig and unanimously carried. • CITY COUNCIL MINUTES - MAY 28, 1996 • (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated he had heard from a representative regarding the Osgood/ Hayden/Lake Street project. He may be able to present the City with a proposal. (t) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented that he was pleased to see tax payers come forward regarding the canine program. However, the action taken by the City was to save tax dollars. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 7:10 p.m. • • • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, JUNE 10, 1996 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members John Mlinar. Kav Peterson, and Don Erickson, Absent: Council Member Bill Craig. Also present: City Administrator Gary D. Plotz and Director of Engineering John Rodeberg. 2. In the absence of a pastor, there was no invocation. The minutes of the regular meeting of May 14, 1996 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS BUILDING OFFICIAL'S REPORT - MAY 1996 (b) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 10690 - RESOLUTION FOR PURCHASE • 2. RESOLUTION NO. 10691 - RESOLUTION TO DISPOSE OF SURPLUS PROPERTY 3. RESOLUTION NO. 10692 - RESOLUTION ESTABLISHING PARK CLOSURE AND BANDSTAND ACCESS 4. ORDINANCE NO. 96 -167 - AMENDMENT OF ZONING ORDINANCE FOR ADDITION OF DEFINITION OF MASSAGE SERVICE ESTABLISHMENTS PERMITTED IN C -3, C -4, I -1, I -2 AND I/C DISTRICTS (SECOND READING AND ADOPT) 5. ORDINANCE NO. 96 -168 - AMENDMENT OF ZONING ORDINANCE TO ESTABLISH NEW ZONING DISTRICT C -5 (CONDITIONAL/ COMMERCIAL) LOCATED IN ISLAND BETWEEN HWY. 7 WEST AND THIRD AVENUE NW (SECOND READING AND ADOPT) (c) CIGARETTE APPLICATION FOR MAIN STREET SPORTS BAR (d) LETTING NO. 7: PROJECT NO. 96 -09 - 96 -13: > RESOLUTION NO. 10693 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESS- MENT; ASSESSMENT ROLL NO. 5001 & 5001 A; LETTING NO. 7/PROJECT NO. 96 -09 - 96 -13 > RESOLUTION NO. 10694 - RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT: ASSESSMENT ROLL NO. 5001 & 5001A; LETTING NO. 7/PROJECT NO. 96 -09 - 96 -13 • (e) CITY COUNCIL MINUTES - JUNE 10, 1996 • RESOLUTION NO. 10695 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESS- MENT; ASSESSMENT ROLL NO. 5002; LETTING NO. 91/PROJECT NO. 96 -17, 18 & 19 • RESOLUTION NO. 10696 - RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT; ASSESSMENT ROLL NO. 5002; LETTING NO. 9/PROJECT NO. 96-17,18 & 19 • RESOLUTION NO. 10697 - RESOLUTION ADOPTING ASSESSMENT; ASSESSMENT ROLL NO. 5002; LETTING NO. 9/PROJECT NO. 96-17,18 &19 • RESOLUTION NO. 10698 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT; LETTING NO. 9/PROJECT NO. 96-17,18 & 19 The motion to approve the consent agenda with the exception of 4 -(e) was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. • Item 4- (e)-- Engineer Rodeberg explained that since the Letting No. 9 bids were received on June 7, 1996, no figures were available for the packet. The bid on project No. 96 -19 was 60% higher than the engineer's estimate. Therefore, it was his recommendation to delete the project from the bid received by adopting Resolution No. 10699 and to add project No. 96 -19 onto another project. Engineer Rodeberg reported the other two bids came in at the estimated cost. • Following discussion, Council Member Mlinar moved to approve deleting project No. 96 -19 from the project and to waive reading and adopt Resolution No. 10699. Motion seconded by Council Member Peterson and unanimously carried. 1► . 1 (a) SUBMISSION OF $150,000 GRANT APPLICATION TO MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR EQUIPMENT LOAN TO IMPRESSIONS INCORPORATED It was reported that Impressions Incorporated had withdrawn the grant application and their request for a public hearing. 7. RESOLUTIONS AND ORDINAN -- SEE CONSENT AGENDA 10 4 ■ • ' (a) CONSIDERATION OF FUNDING DATASTREAMNP -2 MANAGEMENT SOFTWARE TRAINING 2 • • CITY COUNCIL MINUTES - JUNE 10, 1996 Following discussion, Council Member Mlinar moved to approve taking $5,881 from the contingency fund to cover the estimated cost of the MP2 software training. Motion seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF AWARDING PHASE TWO OF PAVEMENT MANAGEMENT SERVICES TO BRAUN INTERTEC Engineer Rodeberg recommended awarding the Phase 2 pavement management services to Braun Intertec in an amount not -to- exceed $21,185. Following discussion, Council Member Peterson moved to approve the award to Braun Intertec, seconded by Council Member Erickson and unanimously carried. (c) CONSIDERATION OF PURCHASE OF AMBULANCE MONITOR/ DEFIBRILLATOR FOR HUTCHINSON AREA HEALTH CARE Following discussion, the motion to approve the bid from Zoll Corporation for three monitor /defibrillators for the Ambulance Service at a bid price of $25,541 was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (d) CONSIDERATION OF PURCHASE OF TELEMETRY AND ANTENNA SYSTEM FOR HUTCHINSON AREA HEALTH CARE • Following discussion, the motion to approve the purchase of cardiac monitoring equipment to improve patient care from Spacelabs at an approximate cost of $56,987 was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carved. (e) CONSIDERATION OF PIONEERLAND LIBRARY SYSTEM'S 1996 AGREEMENT AMENDMENTS Following discussion, Council Member Peterson moved to approve the 1996 amendments to the Pioneerland Library System agreement, seconded by Council Member Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar made reference to the DARE program and the graduation ceremony. (b) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Council Member Peterson noted that a representative from Pioneerland Library Systems will be in attendance at the joint meeting of the City Council and the Library Board on July 9, 1996. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Is Z CITY COUNCIL MINUTES - JUNE 10, 1996 • Administrator Plotz distributed a copy of the proposed Employee Network Policy and commented on the training required prior to employee access on the system. He stated that after the policy was adopted, it would become part of the City Policy Manual. Following discussion. Council Member Mlinar moved to approve the policy with the deletion of the word "significant" from the text, seconded by Council Member Peterson and unanimously carried. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated that the sidewalk in Elks Park will be dropped from the 1996 projects. Engineering plans to take care of the handicap access issues. He also reported that work will begin after July 4 on the improvement project in the Cash Wise area. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. 12. ADJOURNMENT • There being no further business, the meeting adjourned at 5:45 p.m. • • MINUTES BID OPENING JUNE 7, 1996 Cal Rice. Assistant to City Engineer, called the bid opening to order at 10:00 a.m. Also present was Administrative Secretary Marilyn J. Swanson. Mr. Rice dispensed with the reading of Publication No. 4920, Advertisement for Bids, Letting No. 9, Project No. 96 -17, 96 -18 & 96 -19. The following bids were opened and read: Juul Contracting Company Hutchinson, MN $413,793.45 Wm. Mueller & Sons, Inc. Hamburg, MN 430,990.45 The bids were referred to the Engineering Department for review and a recommendation. The meeting adjourned at 10:05 a.m. 40 0 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 21, 1996 FOR YOUR INFORMATION 1. CALL TO ORDER 530 P M • The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present- Bill Arndt, Glenn Matejka, Bill Craig, Craig Lenz, Roger Gilmer and Chairman Wood. Members Absent: Dan Prochnow Also Present: Jim Marka, Director of Building, Planning and Zoning and G. Barry Anderson, City Attorney, CONSIDERATION OF MINUTES OF REGULAR MEETING DATED APRIL 16 1996 Mr. Matejka made a motion to approve the minutes of the meeting dated April 16, 1996, seconded by Mr. Arndt the motion carried unanimously. ■ a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TWIN CITY TACO JOHN'S INC. FOR AN ADDITION TO THE DINING ROOM AT TACO JOHN'S LOCATED AT 134 - 4TH AVE. N.W. Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #4914 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a conditional use permit requested by Twin City Taco John's Inc. to construct an addition to the dining room at Taco John's located at 134 - 4th Ave. N.W. Director of Building, Planning and Zoning Jim Marka explained the proposal and summarized the request by Taco John's to add a small addition to the present building. This property is In the I/C district requiring a conditional use permit. Discussion followed on the staff recommendations regarding security which is only a recommendation not a criteria. Dale Dynick, Taco John's, was present to answer questions. Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 5:35 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Arndt the motion carried unanimously. b) CONSIDERATION OF VARIANCE REQUESTED BY ERICKSON OIL TO REDUCE DRIVEWAY SETBACK FOR A CAR WASH LOCATED AT 11 - 4TH AVE. N.E. Chairman Wood opened the hearing at 5:39 p.m. with the reading of publication # 4915 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a variance requested by Erickson Oil to reduce driveway setback for construction of a car wash located at 11 - 4th Ave. N. E. Mr. Marka explained the request which is the same as previously requested one year ago. He stated since the six month time period has lapsed Erickson's had to reapply for the variance. There is a private easement with Quade's. Jim explained staff recommendations and stated this is a remodeling of the present building. • Tom Harper, Erickson Oil, explained the length of the easement is for one year or if the carwash is not approved the easement would not be in effect. He stated a 2 inch water service is more than enough and he has talked to the City Engineer 4 _A. (Z) IIu - I I I I I ", I j I wi Ilu� LUIII II » Uf .N 111llfi� May 21, 1996 regarding the service. Mr. Marka stated the easement is private between the two parties. City Attorney G. Barry Anderson stated the city can legally require an easement and it should be permanent. Mr. Harper commented on the easement . which is a permanent easement. Mr. Craig made a motion to close the hearing seconded by Mr. Lenz the hearing closed at 5:46 p.m. Mr. Lenz made a motion to recommend approval of the request subject to staff recommendations - Seconded by Mr. Matejka the motion carried unanimously_ C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M COMPANY TO PLACE SECONDARY UNDERGROUND SPILL CONTAINMENT TANKS AND MODIFY EXISTING TANKS IN THE FLOOD FRINGE LOCATED AT 905 HWY 22 SOUTH Chairman Wood opened the hearing at 5:47 p.m, with the reading of publication #4916 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a conditional use permit requested by 3M Company to place secondary underground spill containment tanks and modify existing tanks in the flood fringe located at 905 Hwy 22 South. Jim Marka commented on the request which is in the flood fringe and the informational meeting held on May 16, 1996, with 3M representatives, MPCA representatives, DNR Hydrologist, TKDA Engineering and city staff. He commented on a summary of the minutes of the informational meeting. Mr. Marka stated staff recommends approval. He stated the informational meeting was very good for communications and 3M will meet all criteria by city, MPCA, etc. Is Discussion followed on the chemicals to be stored and the review process. Mr. Marka explained the there is one underground spill containment tank the other tanks are above ground. He also commented the Police Chief is comfortable with the request. Mr. Gilmer made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 5:55 p.m. Mr. Gillmer made a motion to recommend approval of the request subject to staff recommendation seconded by Mr. Lenz discussion followed. Ms. Judy Kopesky, neighboring property owner, voiced concern with the request and requested assurance the property values would not change. She asked what would happen if a spill occurred. There was discussion of the request as a safegaurd to the property. It was requested of 3M to provide toxicity comparisons for public knowledge and information before the council meeting next week. Mr. Bruce Bjerkelund, 3M Engineer Hutchinson and Mr. Aleks Klidzejs, 3M Engineer St. Paul, explained the function of the tanks and what happens if there is a spill. They stated that nothing stays in the underground spill containment tanks permanently. Mr. Marka stated the minutes from the information meeting could be sent to Ms. • Kopesky. Mr. Klidzejs summarized the 3 levels of protection. 2 I iutclt im"ni 1' ianr ina (- innuin,k�n M HU(I, May 21. 1996 After discussion the motion carried unanimously_ Mr- Craig made a motion to direct city staff to obtain data on chemicals before the Council meeting on May 28, 1996, seconded by Mr. Matejka the motion carried unanimously. • d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY STEVE ARNESON TO MOVE A 1976 ARTCRAFT MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE Chairman Wood opened the hearing at 6:05 p.m. with the reading of publication #4917 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a conditional use permit requested by Steve Arneson to move a 1976 Artcraft manufactured home onto Lot 73 in Country Club Terrace, 448 California St. Mr. Marka stated the manufactured home meets criteria. Mr. Lenz made a motion to close the hearing, seconded by Mr. Amdt the hearing closed at 6:06 p.m. Mr. Lenz made a motion to recommend approval subject to staff recommendations. Sickened by Mr. Amdt the motion carried unanimously. e) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE FOR THE ADDITION OF THE DEFINITION OF MASSAGE SERVICE ESTABLISHMENTS TO BE PERMITTED IN C -3, C-4, 1 -1, 1 -2 AND I/C Chairman Wood opened the hearing at 6:08 p.m. with the reading of publication #4918 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering an amendment to the Zoning Ordinance • for the addition of the definition of Massage Service Establishments to be permitted in C -3, C-4, 1-1,1-2 and I/C Districts. Mr. Marka commented on City Council approval of the licensing of Massage establishments. He explained this is a formality to place it in the ordinance there are no problems at this time. Mr. Gilmer made a motion to close the hearing, seconded by Mr. Matejka the hearing closed at 6:09 p.m. Mr. Gilmer made a motion to recommend approval of the request. Seconded by Mr. Matejka the motion carried unanimously. f) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE TO ESTABLISH AN NEW ZONING DISTRICT C -5 (CONDITIONAL/COMMERCIAL) TO BE LOCATED IN THE ISLAND BETWEEN HWY 7 AND 3RD AVE. N.W. Chairman Wood opened the hearing at 6:10 p.m. with the reading of publication #4919 as published in the Hutchinson Leader on May 9, 1996. The request is for the purpose of considering an amendment to the Zoning Ordinance to establish a new zoning district C -5 (Conditional /Commercial) between Hwy 7 and 3rd Ave. Mr. Mark@ explained the request to C -5 from I/C and the history of the area and the transition of the island from residential to commercial. The Hwy. 7 development is not part of the discussion since MN Dot has not determined when or if the change will take place. Mr. Marka stated HCDC proposed this district as commercial. Staff held an informational meeting in July 1995. Another informational meeting was held April 25, 1996, the consensus of those present that evening was positive. 3 May 21. 1996 Roger Stearns, Stearnswood, commented on prohibiting of outdoor storage of retail and raw materials and also, pole barns are prohibited. Discussion followed on the properties being 'grandfathered in" . Mr. Marka stated the change in zoning is not to dictate the presently owned property use. • Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:16 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Gilmer, Discussion followed to include the "grandfathered in" properties in the language. City Attorney G. Barry Anderson stated the present use is clearly "grandfathered in ". The motion carried with Mr. Lenz abstaining_ a) CONTINUATION OF CONSIDERATION OF REQUEST BY BRIAN AND BRAD LOKENSGARD TO REZONE PROPERTY IN SECTION 33, HUTCHINSON TWP., FROM AGRICULTURAL TO HWY BUSINESS (6-1) Mr. Marka stated the matter was continued for further information and the staff would recommend to continue as there has been no further information. Mr. Craig made a motion to continue the request one more month only, seconded by Mr. Lenz the motion carried unanimously b) REVIEW OF PROPOSED AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 REGARDING BOATHOUSES Jim Marka commented on the intention of the amendment and pointed out the • addition of the structure requirement of 3 ft. doors to prevent a building for boat storage. Discussion followed on the opposition of "shacks" being placed on the properties. The consensus of the Planning Commission was gazebos and decks are not the same problem as boat houses. Mr. Marka stated structures must comply with the flood plain ordinances . Discussion followed on the need for a building permit or conditional use permit and the elevation of the structure. Mr. Matejka made a motion to hold a public hearing on the amendment in June, seconded by Mr. Craig the motion carried unanimously. 5. NEW BUSINESS a) CONSIDERATION OF TWO LOT SPLITS REQUESTED BY WORD OF LIFE OUTREACH CENTER 1) PADEN'S ADDITION Mr. Marka commented on the land use request and the church long range plan. Rev. Hall explained the request for the split to satisfy the investment bank requirements. He stated in the C-4 zone they are buildable lots if split. Mr. Lenz made a motion to approve the request, seconded by Mr. Arndt the motion carried unanimously 2) HUNTER'S RIDGE Jim Marka commented on the split. Rev. Hall stated the split will create the 5 acre lot and 13 acre lot as requested on the conditional use permit. 4 Ma} 21, 1996 Discussion followed on the ownership of the properties and the legality of Word of Life to make the split- David Broil stated the council has requested the lot split. City Attorney Anderson stated the lot split may be a recording requirement. Mr. Craig moved to approve the lot split I it is necessary , seconded by Mr. Arndt the motion carried unanimously. 6 COMMUNICATION FROM STAFF a) COMPREHENSIVE PLAN MAPPING Jim Marka commented on the land use and transportation maps handed out for review. He stated there will be a formal presentation of the adoption of the plan. b) INFORMATION REGARDING WORKSHOP FOR STAFF, PLANNING COMMISSION AND CITY COUNCIL ON VARIANCE REQUESTS AND THE LAW TO BE PRESENTED BY CITY ATTORNEY G. BARRY ANDERSON After discussion, the planning commission is in favor of the workshop being held on Monday, June 17, 1996, from 7:00 a.m. to 8:30 a.m. C) INFORMATION ON THE SCHOOL CRITERIA TASK FORCE There are representatives for a school criteria task force which may begin meeting in July. d) DISCUSSION OF TURNAROUNDS IN NEW DEVELOPMENTS • Mr. Arndt commented on his concems with turnarounds in the undeveloped areas of the city and questioned the criteria for the new developments. Mr. Marka will research the request with the League of MN Cities and ask Police Chief Steve Madson and Fire Marshal Casey Stotts for input on emergency vehicles access. ►.1�PL�1�L' ► �� Being no further business the meeting adjourned at 7:00 p.m. 0 n U M E M O R A N D U M '• - �• � -., a -� Attached is a listing of the delinquent water and sewer accounts • for the month of June. Recommend service be discontinued on Monday, July 1st, 1996 at Noon. • 1q I • 3- 210 - 0315 -0002 Ronald Thompson 1- 420 - 0726 -0304 1320 McDonald Dr Randy Stille Hutchinson MN 55350 726 Glen St S 1320 McDonald Dr Hutchinson MN 55350 190.40, $35.00 By 6- 21 -96, 726 Glen St S $58.39 by 7 -3 -96, and final 118.46 payment of 97.01 by 7- 23 -96. PROMISES $59.23 by 6 -27 -96 59.23 by 7 -10 -96 1- 265- 1066 -0702 Kenneth Sitz 1450- 0024 -0501 1066 Bradford St Richard Peterson Hutchinson MN 55350 116 Main St S 1066 Bradford St Hutchinson MN 55350 113.07 116 Main St S 179.01 1- 295- 0120 -0702 Gary Aanderude 1450- 0316 -0701 120 Century Ave Gary Piehl Hutchinson MN 55350 316 Grove St S 120 Century Ave Hutchinson MN 55350 • 121.70 316 Grove St S 122.07 1- 395- 0316 -0003 PROMISES 7 -12 -96 Heather Clouse 316 Franklin St 1 -570- 0015 -0102 Hutchinson MN 55350 Lee & Mary A Cheney 316 Franklin St 15 Jefferson St S 146.25 Hutchinson MN 55350 PROMISES 6 -28 -96 15 Jefferson St S 71.62 1- 395 -0587 -0201 PROMISES 7 -5 -96 David Jensen 587 Franklin St S 1 -570- 0546 -0907 Hutchinson MN 55350 Penny Lieder 587 Franklin St S 546 Jefferson St S 132.81 Hutchinson MN 55350 546 Jefferson St S 1- 420 - 0125 -0002 117.80 Dan Salas CC: Betty Klima 125 Glen St S Rt l Box 44 Hutchinson MN 55350 Silver Lake, MN 55381 125 Glen St S PROMISES 6 -28 -96 • 138.15 1 -570- 0586 -0004 Marie Plamann 586 Jefferson St S Hutchinson MN 55350 586 Jefferson St S 98.69 1- 685- 0111 -0603 Dominos Pizza PO Box 204 Hutchinson MN 55350 111 Main St S 92.46 CC: Howard Madsen 135 3rd Ave SE Hutchinson MN 55350 1-685- 0116 -0101 Richard A Peterson 116 Main St S Hutchinson MN 55350 116 Main St S 78.06 1- 685- 0807 -0306 Jason Ruprecht 817 Main St S Hutchinson MN 55350 817 Main St S 33.54 CC: Stephen Gasser 45 Northwoods NE Hutchinson MN 55350 1- 725 -0148 -0502 Betty DeWitte 148 Milwaukee Ave Hutchinson MN 55350 148 Milwaukee Ave 138.06 1- 965- 0225 -0005 David Fruend 225 Washington Ave W Hutchinson MN 55350 225 Washington Ave W 205.62 3- 095 -0262 -0305 Brenda Lauer 213 4th Ave NE #310 Hutchinson MN 55350 262 6th Ave NE 76.10 CC: Kris Megard 1525 McDonald Dr W #70 Hutchinson MN 55350 • • • I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 613 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Signature of Applicant Date * No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE ��,� y POLICE CHIEF RECOMMENDATION: ��L(!.rC C!l! L g4e--x.'(� /` 4 ')! ^ „- lz LI r_ eJ 3 • aLZCeezz I e � !'a 411.1 ��/Z �9f/if�,U.c�xl/� _ !do kn,,: elz_ 0 -3- CW GF NTTTCNINW CM CENTER ! I 1 HASSAN STREET S[ APPLICATION HWCNINWMN 55350.20 FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 2" x 2" Picture required NAME and DRIVER'S LICENSE INFORMATION NAME: 5e_oSoiJS Steak• C1, c1Nr1- PERMANEN'. ADDRESS: - 13g �t Q�� r rsn 6c/ PERMANENT TELEPHONE: SO 7{f4iMlRARi' LOCAL ADDRESS: 9 l� Mlj Q TEMPORARY TELEPHONE ACCESS: DRIVER'S LICENSE NUMBER (STATE) — (f) HEIGNAW WEIGHT_11�.EYE COLOR E SQ F ES s LENGTH OF PERMIT REQUESTED How many days ? Months? Or year? LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit fee(s) Solicitors, per day ......... ............................... $ 25.00 Solicitors, Per year ........ ............................... 5200.00 Transient Merchants, per day ............................... S 25.00 Transient Merchants, per year $200.00 Peddlers, per day ........... ............................... $ 25.00 Peddlers, per year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES N0 IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: 0 —C i DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: Fo�.r �tn�4vJ • 1n \ � DESCRIBE METHOD OF DELIVERY: All Cur- 'V"jti G; CIRQ- _ �TJ c 1 +otj Co,%o r u� V2h cic i� irts �eyas^ F-rve DESCRIBE YOUR SOURCE OF SUPPLY - NAME S ADDRESS OF SUPPLIER: c ;e szF t n g ire _ ►�,� vo, . C f*.+,- 58ILk 14"'2) PROVIDE TWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME S ADDRESS: NAME S- ADDRESS: PHONE NUMBER: PHONE NUMBER: STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: ST: Pc, NAU - DATE OF ACTIVITY: FROM: �g '6 TO: 0 -2- I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* I fully understand that any person who violates any provision of the Peddlers. Solicitors, and Transient Merchant Ordinance 4o. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Signature of Applicant N Date • No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE POLICE CHIEF RECOMMENDATION: • 0 -3- l 'C. RELEASE OF I\FORXATION \J As an applicant for a Peddlers Solicicors /Trar.sienc `Berchants License from :-e Cit_• o° Hutchinson, " -innesota, I a= required to f::rnish infor_at -on wiic=i cha; a_enc-: c use in deter-lni ^g -,v c3ral, physical, :nan :.- and financial _%3licic_- ticns. In this ccnnection, I 'ereb expressiv authorize release of anv and all iz- for =acion which you may have concerning se, including ir.f3nation of a c. :i:encia. or privileged nature. I hereby release the agency with Which I am seeking application for license, and any organization, company or person furnishing infor .ition to that agency as aressly authorized above, from any liability for daz:age which may result from furnishing the information requested. Applicant's Full D Printed tiaye: ��nP_t_� C car ` a LrKp (Z (First) (Biddle) (mast) Applicant's Address: `73 T Se.1 `F-rOr (Number) (Street) Srt' PQ �L '�n.N .sst (City) (County) (State S Zip) Applicant's Birth Date: 1 C (Month) (Day) (`.'ear) Applicant's Place of Birth: J �,J % e rria"i CIA)( ` �-Q�T OrN 1. 0, (City) (State) Applicant's Social Security No.: Ac Dli7_nt Driver's License `:o.: Dat.n : Appliczn :'s Signature Secretary of State This is to acknowledge, that the items described below have been accepted by the Secretary of State of Minnesota on the date noted. Those documents will be microfilmed and the original will be retumed to the submitter within ten days. The microfilm will be available for public inspection at the office of the Secretary of State. Description of Item pate Acce led Company Name Secretary State Business Services Division 180 State Office Bldg., 100 Constitution Ave. b St. Paul, MN 55155 -1299, (612)296 -2803 Evidence of Flling r 00"I 272 • _ r • C, MEMORANDUNJ To: Mayor & City Council From: Randy DeVries Subject : Out of State Travel • Per City Council Policy, I am requesting attendance at the Water Environment Federations Annual Conference and Exposition October 5 -9, 1996 in Dallas Texas. I have been asked by Central States Water Environment Federation to be a member of the Operations Challenge. Teams will compete in Collection systems, Laboratory process. Control, Maintenance, and Safety to test the skills required for the operation and maintenance of wastewater facilities, collection systems, and laboratories. Central states will subsidize $700.00 of the cost. The balance of $575.00 will be covered in the department training budget. I am also requesting to travel to Madison, Wisconsin in August and September for training, this will be covered by the above amount. I recommend approval of this outstanding conference. Citv Center III Hassan Street SE Hutchinson, MN 55350.2522 (320) 587 -5151 Fax(320)234 -4240 Parks & Recreation 900 Harrington Street SIV Hutchin 55350.309 (3201 20) 5 5877 .2975 /J } Fax(320)234 -4240 Police Services 10 Franklin SlreetSlV Hutchinson, .11 -N 55350 -2464 (320) 587 -2242 Fax (3201587-6427 Printed on recycled paper - 69th ANNUAL CONFERENCE & EXPOSITION An invitation from WEF President Dr. Richard D. Kuchenrither I would like to invite you to join us at %%EFFEC '96, being held this October in Dallas, Texas This ,year's conference theme focuses on environmental education. Texas continues to be a leader in public education, so it is appropriate that WFF is highlighting environmental education this vear in Dallas. Our members recognize that the public needs to be involved in order to meet the challenges we face and gain the necessary support to protect our water quality_ Therefore, we must strive hard to educate audiences ranging from adults to students. WEF's annual conference is alwa about top -notch education for the water quality professionals, however, events such as this year's WET EC for Teachers, a hands -on workshop for 150 Texas teachers sponsored by WEA of Texas and the Public Education Committee, illustrates the emphasis on teaching the public, in this case, students, how they can impact and improve water quality. As you preview our program on the following pages, I want to point out a few modifications we've made to this year's agenda. Based on attendee recommendations, we have revised conference activities to better fit vour hectic schedule. And in a continued effort to offer you the highest quality in wastewater education, we have added several new programs. • The Opening General Session has returned to bfondav morning to better accommodate our • attendees' schedules. So be sure to attend this event, featuring a performance by Small Change Original Theater who will demonstrate how environmental education can be fun. and "Exploring a World without Boundaries," a presentation by Dr. Joseph Maclnnis that will excite and inspire you. • The traditional Federation Luncheon has been replaced b a new networking Roundtable Luncheon which will offer you an interactive forum for information exchange. You will hate the opportunity to take part in an in -depth discussion on one of 46 issues on 14 water quality topics. • The Awards Ceremony and Changing of the Gayel has moved from Wednesday evening to Tuesday evening. This is your chance to stop by to congratulate your peers and welcome the new WEE President. • The Government Affairs Group has developed a new seminar that will Locus on current and future environmental policy initiatives. This three hour plenary session will be held on Tuesday afternoon and provides a forum for policy officials. In addition to these events, we have our core conference activities, which collectively make WEFTEC the most comprehensive environmental conference in the western hemisphere. You'll have the choice of more than 450 papers, presented in 75 technical sessions, on issues that effect your dally operations. Plus, over 600 exhibiting companies will be waiting to meet with you to demonstrate the latest technological advances and services available in the water quality industry. I hope you can join us' �� y,�/�� • Dr. Richard D. Kuchenrither • Plan now to attend WEFTEC '96 — register before June 28, 1996, and take advantage of the super saver registration fees.' C • DATE: June 19, 1996 TO: Ken Merrill - Director of Finance FROM: Mary Beth Schaufler - HCDC Coordinator IL J RE: SBDC Ken, I � The State Contracts are signed and so is the Contractor's Agreement for SBDC with Duane Hoversten. With those contracts in place we are now ready to invoice Jack Hawk at Marshall. It was agreed by HCDC, Duane Hoversten and Jack Hawk of SBDC at Marshall that Hoversten worked 136.25 hours during his services in January and February, 1996. The rate of pay is $75.00 per hour amounting to $10,218.75. Please mail an invoice from the City of Hutchinson to Jack Hawk at the address listed below as soon as possible. The invoice should show $75.00 per hour feel less a $30.00 per hour discount to HCDC as in- kind contribution. Remember, Ken, that the City of Hutchinson will not actually pay Hoversten until we re- ceive the full amount from Jack Hawk. Once the money is received then we should pay Hoversten. (The City of Hutchinson will act only as a flow - through account for SBDC out of Marshall so that they can get a cash match from the State.) I would like the City Council to be made aware of this transaction and if possible, could the Finance Department draft the check now and hold on to it until Hawk's check is received. Duane Hoversten is anxious to receive his payment, and I'd like to pay him just as soon as the payment received from Hawk is deposited to the City account. Hawk's address is: Jack Hawk Phone #: 1- 800 - 642 -0684 ext. 7386 Minnesota Small Business Fax #: 507 - 537 -6094 Development Centers Southwest State University Marshall, MN 56258 L� If you have any questions whatsoever, please let me know. Thanks, Ken! C TO: Tun Marka, Building Official FROM: Dolf Moon, Director PRCE DATE: June 24, 1996 RE: Pleasant Acres Parkland Dedication The PRCE Board at the June meeting made a motion with a second and unanimous approval to recommend the following. The city should collect $4,500 for each of the four building complexes constructed. At the successful completion of each recreation phase $3,000 dollars would be returned to DMC development. • This project would generate $6,000 in parkland dedication fees and provide $12,000 worth of play value on site. If the Board had decided to follow the current $135 per unit cost, $18,225 would have been generated plus on site recreation may have been required. cc: Mayor & Council City Center 11 ! Hassan Street SE inson, MN 55350.2522 (612) 587 -5151 Fat (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fat (612) 234 -4240 - Ninred nn recycledNper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 C TO: FROM SUBJECT: 1 8 5FIN11RIM11 V ,t.t� DATE: June 19. 1996 Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On May 24, 1996. Mr. Dennis Czech, DMC Development Co., submitted an application for a conditional use permit to construct three 30 unit apartment buildings and one 47 unit apartment building to be located at 55 North High Dr. N.W. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, June 18, 1996, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, June 6, 1996. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Plannine Commission that the Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Respectfully submitted. Dean Wood, Chairman Hutchinson Planning Commission City Center 111 Hassan Street SE Hutchinson, JIN 55350.2522 (320) 587.5151 Fox (320) 2344240 240 Parks & Recreation 900 Harrington Street St4" Hutchinson, MN 55350 -3097 (310)587 -1975 Fax (320) 2344240 Printed on rercr(ed paper Police Services 10 Franklin Street STV Hutchinson, AIN 55350.2464 (320) 587.1242 F Fax (310) 587-642 n o twava 1 0 0 �. I� i � � i � � - ,�W .,� ,..; �� - .�; �_`�u __I_ _ � �� _,` �r��l .,nW Raw - �1 II _, i- � � ��, Qom' � _ i _ 4 A 4/ R-3 II L -F lje: I , Ij L. NINTH AVENUE 2 PARK 2 32 NORTHWOOM AVENUE A a A A I ---- -- W L 2 Z3 R -2 I 1 3 2 1 J cl 2: 5 19 • GRIFFIN AVENUE A 0 A ic I • L-L-A R A s z 9 CC•-FSE "EIJE MALEOD AVENUE S AT V A A 4 AIR A I " D�14S61 4 J, S� 2 ' -APS . 's 5 6 8, j• 3 2�1 c I li ELEVENTH AVENUE IN • ;3, 1 Ph; A4ENUE lje: I , Ij L. NINTH AVENUE 2 PARK 2 32 NORTHWOOM AVENUE A a A A I ---- -- W L 2 Z3 R -2 I 1 3 2 1 J cl 2: 5 19 • GRIFFIN AVENUE A 0 A ic I • L-L-A R A s z 9 CC•-FSE "EIJE MALEOD AVENUE S AT V A A 4 AIR A I " D�14S61 4 J, S� RESOLUTION NO. 10700 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER . SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO CONSTRUCT THREE 30 UNIT BUILDINGS AND ONE 47 UNIT BUILDING LOCATED AT 55 NORTH HIGH DRIVE N.W. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. Dennis Czech. DMC Development Co., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to construct three 30 unit buildings and one 47 unit building located at 55 North High Drive N.W. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. • CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 25th day of June, 1996. ATTEST: Gary D. Plotz Marlin D. Torgerson City Administrator Mayor F C • • r r • r DAME: June 19, 1996 • • • • • ••: • •:•1 • URM MUNI 1 •1 :•: •• Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend Zoning Ordinance # 464 HISTORY In June. 1996, the Hutchinson Planning Staff requested an amendment to the Shoreland Management Ordinance Sections 2.71 and 5.22 regarding boathouses as follows: • Section 2.0 - GENERAL PROVISIONS AND DEFINITIONS 2.714 Boathouse. `Boathouse" means a structure designed and used principally for the storage of boats or boating equipment. Boathouses, whether considered as water oriented accessory structures, storage buildings, or otherwise, are prohibited. Expansion of or addition to existing boathouses is also prohibited. 2.753 Water - oriented accessory structure or facility. "Water- oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature. reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include beatheeses. gazebos, screen houses. fish houses. pump houses. and detached decks. Boathouses are not permitted nor considered as water - oriented accessory structures. 5.22 Design Criteria For Structures B. (6) Water- oriented accessory structures used principally for watercraft storage are prohibited. Storage of related boating and water- oriented sporting equipment in the shoreline impact zone, may occupy a structure with a maximum door opening of 3'0 ". mvr einnc - • Ciry Center 111 Hassan Street SE Hutchinson, SLN 553501521 (320) 5875151 Fax (3201 234 -4140 Parks & Recreation 900 Harrington Street SW Hutchinson, VIN 55350.3097 (320) 587 -2975 Fax 1320) 234 -1240 Printrd na re(Wed paper - Police Services 19 Franklin .Street SR Hutchinson, SIN 55350 -2464 (320) 587 -224: Far(320)587.6427 �Mw 01 C 1 FINDINGS OF FACT 1. All procedural requirements for amendments to the Shoreland Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursda%. June 6. 1996. 3. The proposal was deemed to be appropriate and in the best interest of the City. The hearing was held at the regular meeting of the Planning Commission on Tuesda%. June 18. 1996_ at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the Shoreland Management Ordinance be granted as set forth above. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission 0 • MEMORANDUM DATE June 19, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REQUEST BY BRIAN AND BRAD LOKENSGARD TO REZONE PROPERTY IN SECTION 33, HUTCHINSON TWP., FROM AGRICULTURAL TO HWY BUSINESS (B -1) • c The Planning Commission recommended to deny the request as sufficient information has not been provided regarding the site. cc: Ed Homan. McLeod County Zoning Administrator Brian and Brad Lokensgard • City Center 111 Hassan Street SE Hutchinson. 11A 55350.2522 (320) 587 -5151 Fax (3 20) 234-4240 Parks & Recreation Police Services 900 Harrington Street 511 10 Franklin Street S11' Hutchinson,.11.V 55350.3097 Hutchinson, MA 55350.2464 (320) 587 -2975 Fax (3201 234.4240 r320, 587 .2242 �� Fax X320) 587 -6427 P-fnt, -t „n re, ,4d paper- CLOVERDALE N I I I CcTc o w m iw (w e[.1.•a( •a,'ur�l i!! (•St YI.l1 •af in0.. InJS MAI l• r[<r n uo •o.•�.wa •o! •,YU . O 09.011, fl, a rx[ n•+. W..6190 'a" nr[ .e.YYI.T flf. I I Y s I y�Y 4� \ , LOT I o � I I BLOCK I �L C".n a u U. a w 'A •-- SlW" LIS or n v "C+IeHl b, r Yl ... n . caxaa er w �r. .erp rxa .Cn LIC a u u. or ,[ Vx n •SWYm ro YJI a L[• or . I'll ! PC Coaaa or lccvb E 0 • MEMORANDUM DATE: June 19, 1996 TO. Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY HENRY OGITZAK, 1060 BLUFF ST., FOR REDUCTION OF SIDE YARD SETBACK FROM 10' TO 5' FRO THE INSTALLATION OF AN INDIVIDUAL SEWAGE TREATMENT SYSTEM LOCATED IN HUTCHINSON TWP. The Planning Commission has no recommendation on the request as the County held a special meeting June 13th to act on this request. cc: Ed Homan, McLeod County Zoning Administrator • City Center 111 Hassan Street SE Hutchinson, .11-N 55350 -2527 (320) 587 -5151 Fax (3 20) 234 -4240 Parks & Recreation 900 Harrington Street SR' Hutchinson,.1LV 55350.3097 (320) 587 -2975 Fax (320) 234 -1240 Print,don r, ,schd paper - Police Services 10 Franklin Street Sl6' Hutchinson, S1.V 55350.2464 (3 20) 587.2242 Fax 020) 587-6427 STATE OF MINNESOTA . COUNTY OF MCLEOD NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that a special mtg of the McLeod Cnty Board of Adjustment N111 be he td On the 13th day of June, 1998, at 9'30. in the Cnty Commissioners' Roan at the Colrthouse, Glencoe, MN. THE PUPAOSE OF SAID MEETING is to consider the application for a Variance Permit heretofore filed with the County Zoning Administrator by Henry Ogitiak. Said application for a V } rl ante Pere It nlatgg,_, td � r eduction Of the s yard setback /ros 10' tn' 4' evt t_he w esterly property line for the insr J on o an individual sewn • f N. THE PREMISES iICH said Variance is anticipated and situated in the County of McLeod and St of MN is described of follows to wit: A tr of land lying the N 112 of the NW 114 of Sec 32 Two 117N, Range 29W, McLeod County, MN, and more particularly "scribed as follows: Beg at a pt, which pt is located 9 28 "g 07' W 339.68' 6 due E 1307.73' from the NW corner of said Bet 32; thence 3 28 "g 07' W 100.00'; thence 3 61 deg 53' E 129.0' to the Wstrly 33' ri gnt -Of -ray line of Cnty Rd 07; thence N 28 "g 07' E along said right -of- way line 100.0 thence N 61 peg 53' W 129.0' to the pt of beg. THIS HEARING will be held by the McLeod Cnty Board of Adjustment at which time you may appear if you desire, either in person or by agent or attorney, in Opposition to or support of the proposed Variance. DATED THIS 24th DAY OF May, 1996. J Edwln E. Homan McLeod County Zoning Administrator • • • �1 i T -117 -N HUTCHINSON DIRECTORY c0 , rrr co. 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JOXNSON 9 * 64 r 20 H S *# �. 3 # x.LYDIA w vnN l 1. ]. 7F RI � k 3'* Do AL� 'S t* 1% °R0Y > IYN KARL -ZICRA AD GRAY y� HR'S- TEL ECKY CEO NSE* 33 ` * 34 STEVE LAR OGX,k * *SAY =S HIN- rd 5 I. *� F 7 M t 7. 36 - ELI I .i # /.# # 5 5. � 7F - Pa9as 18-21 For Additional Namrs. "ASSAN VALLEY r". 3S Rum a�C Nom• P'ub"A 111. Lid. - 39 MC LEOD Co., YN • MEMORANDUM DATE: June 19, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REZONING REQUESTED BY SKIP QUADE TO REZONE PROPERTY IN THE SIOUX HILLS NO. 3 PLAT FROM AGRICULTURAL TO RURAL RESIDENTIAL LOCATED IN ACOMA TWP. • The Planning Commission has no recommendation as they have agreed to waive the review of the Plat. cc. Ed Homan, McLeod County Zoning Administrator 0 City Center 111 Hassan Street SE Hutchinson, AIN 55350 -1511 020) 587 -5151 Fax (320) 134.4140 Parks & Recreation 900 Harrington Street S N' Hutchinson, NA` 55350.3097 (310) 587 -1975 Fax (310) 334 -4240 Police Services 10 Franklin Street SR - Hutchinson,I 55350.1164 (320)587.1141 Fax (3 1 0) 587.6417 Printed on ret %ded paper - TOW r*HP 117 NORTH Ycc.cm ACOMA COOE•I 1•." m RANGE 30 co SMALL TIACT OWNEIS • I Yr •.� YAM. \ Y.-4 1 �_.. �� Yti .I • • 1� Y. •Y •-.• • ; V� ;r -.-. • h...~� = rr - ti M•.... f •..IIY•.W III • M.•_.h� r• 1 I T MINUTES YOUR INFORM91fl HUTCHINSON PLANNING COMMISSION Tuesday, June 18, 1996 The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, Bill Arndt, Glenn Matejka, Roger Gilmer, Dan Prochow and Chairman Wood. Members Absent: Craig Lenz Also Present: Jim Marka, Director of Building, Planning and Zoning, Brenda Ewing, Planning Coordinator, G. Barry Anderson, City Attorney and Matt Mullins, Planning Intern. FAMEMOM Mr. Matejka made a motion to approve the minutes of the meeting dated May 21, 1996, seconded by Mr. Amdt the motion carried unanimously. a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DENNIS CZECH, DMC DEVELOPMENT CO., TO CONSTRUCT THREE 30 UNIT BUILDINGS AND ONE 47 UNIT BUILDING LOCATED AT 55 NORTH HIGH DRIVE N.W. Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #4924 as published in the Hutchinson Leader on Thursday, June 6, 1996. The request is for the purpose of considering a conditional use permit requested by • Dennis Czech, DMC Development Co., to construct three 30 unit buildings and one 47 unit building located at 55 North High Drive N.W. Ms. Ewing commented on the checklist and review held on Friday. June 12, 1996. She stated Mr. Czech has agreed to meet all requirements of the on -site ponding. Mr. Dennis Czech, DMC Development Co., St. Cloud, MN. stated the 137 units would be market rate apartments and they would like to break ground in July. The first phase would be to construct the east 30 units and the first 30 garages to the northeast. He commented on their agreement regarding the park dedication fees and the access approach. He stated there would be one, two and three bedroom units in the buildings which also include dens and snack bars. Jim Marka commented on the 50' setback with brems and plantings from the residential property to the north. Mr. Czech stated he will apply with the City Forester in the Fall for plantings for the north side. Mr. Marka stated there will be a pond design review. He also commented on the fact the project is market driven. All four buildings are included in the request however the developer may need an extension on the conditional use permit if the six month time period would lapse. Mr. Marka commented on the parking concerns and the requirements in our ordinance. He stated architects have questioned the parking ratio in Hutchinson's Ordinance and city staff will be researching the possibility of 2 parking spaces per unit. Mr. Czech stated they a anticipating to open December 1, 1996. HUTCHINSON PLANNING COMMISSION MINUTES JUNE 18, 1996 Discussion followed on infrastructure to that area. Mr. Marka stated the storm sewer run off will be held in the pond and ditch. Sanitary is sufficient for all four buildings. There are no wetlands on the property. • Ron Hommerdius, RMC Architect stated the run -off is a controlled run -off. There was discussion of the pond and the guidelines. Mr. Hommerdius stated the guidelines are being followed and the plans have been submitted to the city engineer. There was discussion on the depth of the pond. Mr. Czech commented on the phasing of the play areas. Amy Rossiter, neighboring property owner to the north, commented on her concerns with security of the area. Discussion followed of the market value of the apartments. Mr. Czech commented on the berming and plantings to buffer from the residential properties to the north. Mr. Arndt made a motion to close the hearing, seconded by Mr. Gilmer the hearing closed at 5:55 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Prochnow the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BETHANY BAPTIST CHURCH TO CONSTRUCT A CHURCH BUILDING LOCATED AT 850 SCHOOL RD S. Chairman Wood opened the hearing at 5:56 p.m. with the reading of publication #4925 as published in the Hutchinson Leader on Thursday, June 6, 1996. The request is for the purpose of considering a conditional use permit requested by • Bethany Baptist church to construct a church building located at 850 School Rd S. Ms. Ewing commented on the technical review held on June 14th noting the major issues to be resolved which include surface water collection, parkland dedication, landscaping and hardsurfaced parking. She stated staff recommends a conceptual approval of the project and to table the conditional use permit to next month to allow Bethany Baptist to resolve the major issues on the site. Tim Parsons, Architect, commented on the site location. He commented on the diagrams handed out at the meeting and the final parking. Jim Marka commented on the ponding and stated Bethany Baptist is working toward coordination of the ponding with the Word of Life Outreach Center to the south. Mr. Parsons commented on the proposal of sharing the ponding on site and an agreement between the two churches. Discussion followed of drainage to the southwest there is a natural holding pond with a drain tile in place. Mr. Parsons presented an earlier grade plan. Mr. Dennis Kahl, Bethany Baptist Church, stated there is no school planned with the church. There was discussion on the curb cut directly across from the West Elementary School. Discussion followed on the height of the building and sky lights. Mr. Marka stated the height will not a problem with the airport flight zone. They are scheduled to begin construction in July and would like authorization to begin site grading. Mr. Marka stated the staff would like to continue the hearing to the next meeting to • resolve the issues Brenda Ewing commented on earlier. Discussion followed on hardsurfacing and the requirements of the three year time limitation. Mr. Craig made a motion to continue the hearing to next month to review requirements and ed HUTCHINSON PLANNING COMMISSION MINUTES JUNE l8, 1996 also, conceptually the plan is favorable however, site grading is at the owner's risk. Seconded by Mr. Arndt the motion carried unanimously. • c) CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 REGARDING BOATHOUSES Chairman Wood opened the hearing at 6.20 p.m. with the reading of publication #4926 as published in the Hutchinson Leader on Thursday, June 6, 1996. The request is for the purpose of considering an amendment to the Shoreland Management Ordinance Sections 2.71 and 5.22 regarding boathouses. Jim Marka commented on the request and prohibiting of boathouse storage in the shore impact zone. Mr. Prochnow made a motion to close the hearing, seconded by Mr. Amdt the hearing closed at 6:25 p.m. Mr. Prochnow made a motion to approve the amendment, seconded by Mr. Matejka the motion carried with Mr. Gilmer voting nay. • a) CONTINUATION OF CONSIDERATION OF REQUEST BY BRIAN AND BRAD LOKENSGARD TO REZONE PROPERTY IN SECTION 33, HUTCHINSON TWP., FROM AGRICULTURAL TO HWY BUSINESS (B -1) • Brenda Ewing stated no site plan has been received and staff recommends denial. Mr. Amdt made a motion to recommend to reject, seconded by Mr. Gilmer the motion carried unanimously. a) CONSIDERATION OF VARIANCE REQUESTED BY HENRY OGITZAK, 1060 BLUFF ST., FOR REDUCTION OF SIDE YARD SETBACK FROM 10' TO 5' FOR THE INSTALLATION OF AN INDIVIDUAL SEWAGE TREATMENT SYSTEM LOCATED IN HUTCHINSON TWP. Planning Coordinator Brenda Ewing commented on the request and explained the location Hutchinson Twp. on Bluff St. She stated the lots are small and the septic system is failing. Staff has no recommendation as the City will not be providing services to the area in the near future. Discussion followed on the area and the cost of the septic system and the possibility of a joint powers agreement being reached with the township and city regarding services to those developments bordering the city. City Attorney Barry Anderson commented on the possibility of the cooperation with the townships and the city. Jim Marka will request direction in an agreement as the City of White Bear and White Bear Twp. . • Mr. Craig made a motion of no recommendation to the city council, seconded by Mr. Gilmer the motion carried unanimously. Note the County Board of Adjustments acted on this at a special meeting on June 13. Mr. Craig made a motion to proceed with exploring a joint powers agreement with townships in similar situations. HUTCHINSON PLANNING COMMISSION MINUTES JUNE 18, 1996 Seconded by Mr. Gilmer the motion carried unanimously. Discussion b) CONSIDERATION OF REZONING REQUESTED BY SKIP QUADE TO REZONE • PROPERTY IN THE SIOUX HILLS NO. 3 PLAT FROM AGRICULTURAL TO RURAL RESIDENTIAL Jim Marka commented on the rezoning request and the platting process. Mr. Craig made a motion of no recommendation, seconded by Mr. Gilmer the motion carried unanimously. None There being no further business the meeting adjourned at 6:40 p.m. • 151 PUBLISHED IN THE HUTCHINSON LEADER 0 Tuesday, June 18, 1996 PUBLICATION NO. 4930 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that a public hearing will be held on Tuesday, June 25, 1996 at the hour of 6:00 p.m. in the Council Chamber of City Center for the purpose of: • receiving input regarding the proposed transfer of ownership of Triax Midwest Associates, L.P., or DD Cable Partners, L.P., DD Cable Holdings, Inc. and its various subsidiaries d /b /a/ Midwest Cablevision. Individuals wishing to present information should attend. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. City Admirfist4or June 13, 1996 Dated • • RO55 A. SU5SMAN NEAL J. SHAPIRO SAIL A OER1ICK' 1M0MA5 O. CREIGHTON SCOTT A. LIFSON DAVID K. NIGHTINGALE' PAUL J. OUAST' THERESA M. KOWALSKI REGECCA J. HELTZER RCGERT J V VOSE BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200, THE COLONNADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA 554i,15-t270 TELEPHONE 1821 546 -1200 FACSIMILE 15121 546-1003 May 16, 1996 A' -50 T-ED F SN W ONT Also c Pnr�m Leuc CCOV MANT LEGAL A S,STANTS JO GROWN JOAN M. 9CHULKERS KATHRYN G. MASTERMAN 2 0 1996 Mr. Gary Plotz Ch City Administrator City of Hutchinson 111 Hassan Street South Hutchinson, Minnesota 55350 -2422 RE: Triax/DD Cable Merger Approval Process Dear Mr. Plotz: • As you know, we have taken the position that the procedural timelines of state law relating to your review of the requested transfer of ownership are preempted by the 120 -day maximum timeline requirement of federal law. Unfortunately, legal counsel for the cable companies has taken a contrary position and refused to cooperate in an acknowledgment of federal preemption or a waiver of the state timelines (as has been done by other companies). While we could have sought clarification in a court of law, we have chosen not to recommend that you incur such expense. Instead, we recommend that you comply with both state and federal timelines. Compliance requires: 1. The enclosed letter sent May 14, 1996. 2. You oneninY a public hearine on this matter within 30 days of the comnanv's receipt of this letter (sometime on or before June 17) Please see the recommended enclosed Notice of Public Hearing. (3.) Do not close this public hearing, but continue it until further notice of this office. 4. , Forward to this office notice of the date of your public hearing. n lJ 0'1 May 16, 1996 Page Two • We are still negotiating the reimbursement of your expenses in this matter and will not hold you responsible for expenses incurred until a commitment from the cable company is received. Should they refuse reimbursement, we will forward to you a Resolution denying the request for approval since you will be unable to fund your fiduciary responsibility for review. If I can answer any questions, please feel free to contact me. Sincerely, BERNICK AND LIFSON, P.A. Thomas D. Creighton Robert J. V. Vose TD /rs Enclosure • • &053 A. SUSSMAN CAL J. SnAPIRO SAUL A. BcRNICK* THOMAS O. CREIGHTON SCOTT A. LIISON DAVID K. NIOHTINGAL[I R.UL J, OU.S" THERESA M_ KOWALSKI REBECCA J. HELTZER ROBERT J, V, VOSE • BERNICK AND LIFSON A PROICSSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200. THE cOLONNAOE 5300 WAYZATA 60ULKVARO MINNEAPOLIS, MINNESOTA 5"16-1270 TELERHONC 16131 5.6 -1300 I.c31MILC 16121 S.5 -1003 May 14, 1996 Mr. Robert Langley Triax Midwest Associates, L.P. 1504 Second Street S.E. P.O. Box 110 Waseca, Minnesota 56093 Mr. Joseph Shanks DD Cable Partners, L.P. P.O. Box 375 Savage, Minnesota 55378 'ALDO .OMIii[D .n n .LSJ �[Mii IV •L C AC�OUniArvi LwAL ASms-.NTa JO •ROWN JOAN M. SC+'.JLKCRS KATMRVV O M13T[RM1.V Re: Request for Approval of Transfer /Merger: Cities of Brooten, Hutchinson, Grand Rapids, Maple Plain, Waconia, Mound, Morris, Prior Lake, and Cloquet, Hancock and the Lake Minnetonka Telecommunications Commission (consisting of the Cities of Deephaven, Excelsior, Greenwood, Long Lake, Medina, Minnetonka Beach, Minnestrista, Orono, St. Bonifacius, Shorewood, Spring Park, Tonka Bay, Victoria, and Woodland) r1 LJ Dear Messrs. Langley and Shanks: We have received correspondence from your legal counsel, Jane Bremer, indicating that she does not concur with our prior opinion that the Federal Cable Act, which guarantees that municipalities have 120 days to approve or deny transfer requests, preempts the significantly shorter and therefore inconsistent procedural timelines created by Minn. Star. § 238.083, Subds. 2-4. While we believe this interpretation to be incorrect and an unnecessary financial and administrative burden on both the municipalities and companies, we believe that compliance with the preempted state law will be less burdensome on our clients than formal adjudication of the preemptory effect of federal law on state law. Mr. Joseph Shanks Mr. Robert Langley • May 14, 1996 Paee 2 Accordingly, on behalf of the above- referenced municipalities and municipal consortia, you are hereby notified in accordance with Minn. Stat. § 238.083, Subd. 2, the requested merger of Triax Midwest Associates, L.P., and DD Cable Parmers, L.P., DD Cable Holdings, Inc., and its various subsidiaries d/b /a Northland Cablevision or Midwest Cablevision, may adversely affect subscribers of either or both of the companies, and a public hearing is necessary with respect to each of the above - referenced municipalities or municipal consortia. Each of the above- referenced municipalities or municipal consortia will open a public hearing on the requested transfer within 30 days of your receipt of this letter. An official from both of the merging companies should attend to respond to specific questions which may arise. Please do not hesitate to contact me or my associate, Robert Vose, with any questions. Sincerely, BERNICK AND LIFSON, P.A. Thomas D. Creighton TDC /rs cc: Jane E. Bremer, Esq. Clients • TRIAX COMMUNICATIONS CORPORATION DD CABLE April 15, 1996 Mr. Marlin Torgerson, Mayor 111 Hassen Street. SE Hutchinson. MN 55350 -2522 _ J APR 1 9 1996 CITY ' -ON Dear Mr. Torgerson: • • We are very pleased to inform you that Triax Midwest Associates, L.P. ( "Triax "), DD Cable Holdings, Inc. &b /a Midwest Cablevision, DD Cable Partners, L.P. d b/a Northland Cablevision and various subsidiaries of DD Cable Holdings, Inc. (collectively "DD Cable ") have reached an agreement (the "Transaction ") whereby the companies will merge and combine their respective cable television system assets into a restructured Triax Midwest Associates, L.P. (`Triax "). As a courtesy, we have attached information about Triax and its exciting objectives for the future. Triax and DD Cable are extremely excited about the benefits that this merger will provide to our customers, employees and investors. The merged company will pass a combined 360,916 homes and will serve 241,580 customers. The combination of the companies will create a stronger entity with greater access to funding for system improvements and capital expenditures designed to enhance customer service and choice, improve system reliability and increase system functionality. Importantly, since Triax and DD Cable currently cover similar and often adjacent geographic areas, the combination of the systems will provide Triax the opportunity to maximize service delivery and quality in a more efficient manner to the benefit of our customers. As described more fully in the attached materials, DD Cable will contribute its assets to the merged company and will be issued new limited partnership interests. A nine- person Advisory Committee comprised of Triax, DD Cable and representatives of the new investors will be formed which will be responsible for certain decision - making responsibilities. Also attached please find for your review a Funding Sources schedule for equity and debt funding. As this merger affects the cable television system serving } our community, we are seeking your consent to the Transaction and have attached a resolution granting the requested consent for your review. We are requesting your prompt attention to this matter and your consent thereto. We have attached the information required under federal and state law to facilitate your consideration of this request. The closing of this proposed Transaction is expected to occur during August 1996, or sooner if all required regulatory approvals have been obtained. Further, federal law provides that upon receipt of the attached information, the City will be provided a maximum of 120 days from the date of this submission to act upon the request. Consequently, we will be seeking favorable consideration of this request at your earliest convenience. Should you have any questions or comments, please call Ric Hanson of Triax at 800- 332 -4954, or Joe Shanks of DD Cable at 612- 895 -1530. . f ` t47- Mr. Marlin Torgerson April 15, 1996 Page 2 We look forward to working cooperatively "ith you to meet the FCC - imposed deadlines, to address your questions during the transfer process, and to insure a smooth transition. Thank you for your assistance and cooperation. Sincerely, Noel R. Bambrough Executive Vice President Triax Communications Corp. b A ,4� ' �� Bruce J. Stewart Vice President s • 0188328.01 0 ASSESSMENT June 25, 1996 at 6: 00 pm CONSTRUCTION OF SIDEWALK, STORM SEWER. GRADING, GRAVEL BASE, CONCRETE CURB AND GUTTER, BITUMINOUS BASE COURSE AND WEAR COURSE SURFACING AND APPURTENANCES Construction Cost $ 238 Project Expenses $ 57,327.18 TOTAL PROJECT COST S 296 9 190.43 PROJECT COST BREAKDOWN CITY SHARE Sidewalk $ 106, 477.00 • Parking Lot "A " $ 2,278.67 3rd Avenue SE $ 88.034.92 Total City Share S 196 TOTAL ASSESSED 13th Avenue NW $ 66, 623.95 Golf View Court $ 5,235.60 3rd Avenue SE $ 27.540.29 Total Assessed Share S 99,399.84 TOTAL PROJECT COST S 296.190.43 PROJECT 13th Avenue NW Golf View Court 3rd Avenue SE . Sidewalk $ATE $52.55/FF $523.56 /half -lot $80 /front foot $26.80 /front foot ESTIMATED $54 ($48 -58) $525 ($465 -565) $80 ($75 -85) 1 996 CITY OF HUTCHINSON ASSESSMENT HEARINGS PUBLICATION NO. 4927 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5001 & 5001A LETTING NO. 7 /PROJECT NO. 96 -09, 96 -10, 96.11, 96 -12, 96 -13 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 June, 1996, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of: Project No. 96-09 Linden Park /Recreation Miscellaneous locations appurtenances; Center, Sherwood Street SE and by construction of sidewalk and Project No. 96 -10 Franklin Street Municipal Parking Lot A, between 1st Ave NTW and 3rd Ave SW - Construct North /Reconstruct South by construction of storm sewer, grading, gravel base, bituminous base, surfacing, bituminous overlay and appurtenances; Project No. 96-11 3rd Avenue SE from Main Street (TH 15) to Hassan Street by construction of storm sewer, grading, gravel base, bituminous base, surfacing and appurtenances; • Project No. 96-12 13th Avenue NW in Krsiean Acres by construction of storm sewer, grading, gravel base, bituminous base, surfacing and appurtenances; Project No. 96 -13 Golf View Court NW, north of 8th Avenue NW by construction of bituminous wear course and appurtenances; • You may at anytime prior to certification of the assessment to the County Audirot, 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 October 1st, 1996. 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 7 percent (plus or minus) per year. The right to partially prepay the assessment shall be until October 1st, 1996. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $99,399.84. 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: . T ' PUBLICATION NO. 4927 PAGE 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 may be presented at this point. 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. Plot'� City — Ac Qistrator City of Hutchinson, Minnesota 0 PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, JUNE 11TH, 1996, AND TUESDAY, JUNE 18TH, 1996. RESOLUTION NO. 10702 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5001 & 5001A LETTING NO. 7 /PROJECT NO. 96-09,96-10,96-11, 96-12,96-13 • TO WHOM IT MAY CONCERN: WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Project No. 96 -09 Linden Park/Recreation Center, Sherwood Street SE and Miscellaneous locations by construction of sidewalk and appurtenances; Project No. 96-10 Franklin Street Municipal Parking Lot A, beta een 1st Ave NW and 3rd Ave SW - Construct North /Reconstruct South by construction of storm sewer, grading, gravel base, bituminous base, surfacing, bituminous overlay and appurtenances; Project No. 96-11 3rd Avenue SE from Main Street (TH 15) to Hassan Street by construction of storm sewer, grading, gravel base, bituminous base, surfacing and appurtenances; Project No. 96-12 13th Avenue NW in Krsiean Acres by construction of storm sewer, grading, gravel base, bituminous base, surfacing and appurtenances; Project No. 96-13 Golf View Court NW, north of 8th Avenue NW by construction of bituminous wear course and appurtenances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included 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 first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of — percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 1, 1996, until the 31st day of December, 1997. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1996; 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 Hutchinson City Council this 25tb day of June, 1996. Mayor City Administrator RESOLUTION NO. 10703 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 7 /PROJECT NO. 96 -09, 96.10, 96 -11, 96.12, 96.13 • Whereas, pursuant to an advertisement for bids for the improvement of: Project No. 96-09 Linden Park/Recreation Center, Sherwood Street SE and Miscellaneous locations by construction of sidewalk and appurtenances; Project No. 96 -10 Franklin Street Municipal Parking Lots A, between 1st Ave N and 3rd Ave SW - Construct North/Reconstruct South by construction of storm sewer, grading, gravel base, bituminous base, surfacing, bituminous overlay and appurtenances; Project No. 96-11 3rd Avenue SE from Main Street (TH 15) to Hassan Street by construction of storm sewer, grading, gravel base, bituminous base, surfacing and appurtenances; Project No. 96-12 13th Avenue NW in Krsiean Acres by construction of storm sewer, grading, gravel base, bituminous base, surfacing and appurtenances; Project No. 96-13 Golf View Court NW, north of 8th Avenue NW by construction of bituminous wear course and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Wm. Mueller & Sons, Inc. of Hamburg, MN $238,863.25 • Mid Minnesota Hot Mix, Inc. of Annandale, MN $302,803.48 and whereas, it appears that Wm. Mueller & Sons, Inc. of Hamburg, Minnesota is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into the attached contract with Wm. Mueller & Sons, Inc. of Hamburg, Minnesota, in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and d to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 25th day of June, 1996. Mayor City Administrator TOTAL PROJECT NO. 9609 �J .FET CONti I'RUC "P[ON COST PER FF: $52.55 'EREST RATE: MBERIIIIII,,,O,,,,,,,,,F YEARS RUN: 1 FSSEDµDEFERRED STREET' TOTAL FF II FF_ . CONSTRUCTION ASSESSMENT SEN AR#S ]A 194.11 85.0 $10,200.48 $10,200.48 1 117.50 252.50 $6,174.63 $6,174.63 100.00 148.71 $5,255.00 CITY OF HUTCHINSON, MN 185.00 ASSESSMENT ROLL NO. 5001 COMPILED BY: C. RICE $9,721.75 LETTING NO. 7/PROJECT NO. 9612 COMPUTED BY: C. RICE 13TH AVENUE NW IN KRSIEAN ACRES CHECKED BY: J. RODEBF.RG ADOPTED: ACCOUNT I CITY PID NO. LEGAL DESCRIPTION NO. 1 COUNTY PID NO. NAME: & ADDRESS OF PROPERTY OWNERI ADDITION OR SUBDIVISION 101 I i25 - 117 -29 -14 -0170 !GARY &SI IARON DANIELS '.1165 H III AVENW 23.289.0010 ��HU'I'CI IINSON MN 55350 LOT 1, BLOCK 1, KRSIEAN ACRES 02' X 25- 117 -29 -14 -0180 I i i ANNA F. KRSIEAN 1135 13 LEI AVE NW 23.289.0020 HUI CHINSON MN 55350 ,LOT 2, BLOCK 1, KRSIEAN ACRES 03 125 117 - 29 - 14 - 0190 !MYRON & HAZEL DANIELS 1150131 H AVE NW 23.289.0030 HUTCHINSON MN 55750 LOT 1, BLOCK 2, KRSIEAN ACRES . 04 1 25- 117 -29 -14 -0200 a i l ROBERT & SHIRLEY BASEMAN 114011 rl l AVE, NW 23.289.0040 HUT( 1 IINSON MN 55350 LOT 2, BLOCK 2, KRSIEAN ACRES I 25 117 - 29 - 14 - 0210 JANE :I' &ROBERTRICCE'fT 1120 13TH AVE NW _ 123.289.0050 I 1 , HUTCHINSON MN 55350 I LOT J, BLOCK 2, KRSIEAN ACRES TOTAL PROJECT NO. 9609 �J .FET CONti I'RUC "P[ON COST PER FF: $52.55 'EREST RATE: MBERIIIIII,,,O,,,,,,,,,F YEARS RUN: 1 FSSEDµDEFERRED STREET' TOTAL FF II FF_ . CONSTRUCTION ASSESSMENT SEN AR#S ]A 194.11 85.0 $10,200.48 $10,200.48 1 117.50 252.50 $6,174.63 $6,174.63 100.00 148.71 $5,255.00 $5,255.00 185.00 i . 0.00 $9,721.75 $9,721.75 105.00 80.00 $5,517.75 $5,517.75 I 701.61 ! 566.21 36,869.61 $36,869.61 CITY OF I11- TTONSON, MN ASSESSMENT ROIT NO. 50• CITY OF HUTCHINSON, MN LETTING NO. 7 /PROJECT NO. 96-13 S'I'KEFT CONS'1 "RUC IION COST PER HALF COMPUTED BY: C. RICE GOLF VIEW COURT NW CHECKED BY: J. RODEBERG INTEREST RATE: ADOPTED: ,NUMBER OF YEARS RUN: ACCOUNT CITY PID NO. LEGAL DESCRIPTION I IALF I STREET NO. COUNTY PID NO. NAME be ADDRESS OF PROPERTY OWNER ADDITION OR SUBDMSION LOTS CONSTRUCTION 06 36- 117 -30 -05 -0670 23. .STY 75' OF LOI I, BLOCK 1, 6 H GREEN ESTATES 1.00 07 36 117-30-05-0675 23. LOT I EX STY 75', BLOCK 1, 6TH GREEN ESTATES l i 1.00 08 36- 117 -30 -05 -0685 SW TY PART OF LOT 2 23. BLOCK, 1, 6TH GREEN ESTATES 1.00 09 36- 117 -30 -05 -0680 NETY PART OF LOT 2 23. BLOCK, 1, 6TH GREEN ESTATES 1.00 10 36117 -30- 05.0690 23. 11 . 36117 -30-05 -0695 23. 12 36117 -30 -05 -0700 23. 13 36- 117 -30- 05-0705 23. W'LY 112 OF LOT 3 BLOCK, 1, 6TH GREEN ESTATES 'LY Ih OF LOT 3 - LOCK, 1, 6TH GREEN ESTATES PART OF LOT 4 '.K, I, 6TH GREEN ESTATES PART OF LOT 4 -K, 1, 6TH GREEN ESTATES 1.00 1.00 i 1.00 1.00 $523.56 $52356 $523.56 $523.56 $523.56 $523.56 $523.56 $523.56 $523.56 10i TOTAL ASSESSMENT 5523.56 $523.561 $523.56 $523.56 $523.56 $523.56 $523.56 I $523.56 i STREET CONSTRUCTION COST PER I IALF $523.56 INTEREST RATE NUMBER OF YEARS RUN: 10 HALF STREET TOTAL LOTS CONSTRUCTION ASSESSMENT F�' i 1.00 � I $523.56 $523.56 $523.56 $523.56 � I TOTAL PROJECT NO. 96 -12 $5,235.60 CITY OF I IUTCHINSON, MN ASSESSMENT ROLL NO. 30 CITY OF HUTCHINSON, MN LETTING NO. 7 /PROJECT NO. 96-13 COMPUTED BY: C. RICE GOLF VIEW COURT NW CHECKED BY: ]. R ED ADOPTED: ACCOUNT CITY PID NO. LEGAL DESCRIPTION NO. COUNTY I'll) NO. �NAMF K ADDRESS OF PROPERTY OWNERI ADDITION OR SUBDIVISION . 14 X 36 -117- 30.05 -0715 LOT 5 EX STY 75' I 'BLOCK, 1, 6TH GREEN ESTATES 15 1 36- 117 -30-05 -0710 STY 75' OF LOT 5 23. i i BLOCK, 1, 61 H GREEN ESTATES i i STREET CONSTRUCTION COST PER I IALF $523.56 INTEREST RATE NUMBER OF YEARS RUN: 10 HALF STREET TOTAL LOTS CONSTRUCTION ASSESSMENT F�' i 1.00 � I $523.56 $523.56 $523.56 $523.56 � I TOTAL PROJECT NO. 96 -12 $5,235.60 16 06- 11629 -03 -1070 23. 17 0611629 -03 -1080 23. 0611629 -03 -1090 23. 0611629 - 06-0100 23. 06- 11629- 060160 23. TOTA I. PROJECT NO. 9411 * CITY OF HUF&SON, MN ASSESSMENT ROLL NO. 'C rY OF HUTCHINSON, MN LETTING NO. 7 /PROJECT NO. 96-11 COMPUTED BY: C. RICE 3RD AVENUE SE FROM MAIN STREET TO I IASSAN STREET ,CHECKED BY: J. RODEBERG ADOPTED: 'INT'EKEST RATE: ACCOUNT CITY PID NO. I LEGAL DESCRIPTION NO. COUNTY PID NO. NAME & ADDRESS OF PROPERTY OWNER ADDITION OR SUBDIVISION 16 06- 11629 -03 -1070 23. 17 0611629 -03 -1080 23. 0611629 -03 -1090 23. 0611629 - 06-0100 23. 06- 11629- 060160 23. TOTA I. PROJECT NO. 9411 WATER 0 I S[ DEWALK COST PFR EE: $26.80 S REET COST PER FF: $80.00 WA'ITR SERICE. COS 1: $2,202.96 $0.00 LUMP SUM ' 'INT'EKEST RATE: NUMBER OF YEARS RUN: 10 WATER STREET SERVICE I SIDEWALK CONSTRUCTION '$4,102.29 $1,147.04 $3,424.00 1 $3,140.67 $2,202.96 $0.00 $0.00 $0.00 $0.00 I i TOTAL ASSESSMENT ROLL NO. 5001 /LETT�NG NO. 7 /PROJECT NO.S 96 -11, 96-12,96-13 LUMPSUM_ $3,537.60 $2,910.53 $3,537.60 $0.00 $3,537.60 $0.00 TOTAL ASSESSMENT $8,673.33 j $5,343.63 $6,448.13 $3,537.60 $3,537.601 $27,540.29 $69,645.50 ' CITY OF HUASON, MN DEFERRED ASSESSMENT ROLL 05001A 1 0 COMPILED BY: C. RICE LETTING NO. 7 /PROJECT NO. 9612 (STREET CONSTRUCTION COST PER FF: $52.55 COMPUTED BY: C. RICE 13TII AVENUE NW IN KRSIEAN ACRES (CHECKED BY: J. RODERFRG INTEREST RATE: ADOPTED: j (NUMBER OF YEARS RUN: 10 ACCOUNT CITY PID NO. LEGAL DESCRIPTION 'IASSESSED7 STREET TOTAL D EFERRED NO. COUNTY PIU NO. INAMI'. & ADDRESS OF PROPERTY OWNER ADDFHON OR SUBDIVISION FF FF CONSTRUCTION ASSESSMENT - 01 ;25 117 - - -0170 'GARY &SHARON DANIELS 1165 UTH AVE NW ,23.289.0010 HUTCI IINSON MN 55350 LOT 1, BLOCK 1, KRSIEAN ACRES 194.11 - 85._0 $4,46_ _54 466.75 02 25 117 -29 -14 -0180 HANNA F. KRSIEAN - - - -� 1135 13TH AVE NW 23.289.0020 HU IHINSON MN 55350 i LOT 2, BLOCK I, KRSIEAN ACRES 117.50 252.50 $13,2.6.8 - - _ $13,268._8 03 25- 117 -29 -14 -0190 IMYRON & HAZEL DANIELS -� k150 11"1'H AVENW - �i -- - - - - -{ 123.289.0030 , HUTCI IINSON MN 55350 LOT I, BLOCK 2, KRSIEAN ACRES 100.00 148.71 $7,814.71 }_ _ (7,81 04 .,25117 -29.14 -0200 'RORIIRf &SHIRLEY BASEMAN 1140 I3 "1'H AVE NW ` 2 }.289.0040 HUTCHINSON MN 55350 (LOT 2, BLOCK 2, KRSIEAN ACRES 185.00 0.00 $0.00 $0.00 jl 05 11 25 . 117 -29- 14-0210 JANET & ROBERT RIGGETT l - _j - - 1120 13 AVE NW -- - -1 - -� 23.289.0050 HUTCHI NSON MN 55350 LOT 3, BLOCK 2, KRSIEAN ACRES 105.00 80.00 $4,204.00 I $4,20 r TOTAL DETERRED ASSESSMENT ROLL NL 5001A /LETTING NO. 7 /PROJECT NO. 9642 701.61 566.21 29,754.34 J$29,754.34 C DATE JUNE 20, 1996 G t L y formal bidding process. I have discussed this matter with John Rodeberg and he concurs with my recommendation. MAYOR AND COUNCIL DOUG MEIER, MAINTENANCE OPERATIONS SUPERVISOR CANCELLATION OF MOWER QUOTES AND RE- BIDDING UNITS The City reserves the right to reject any and all bids due to irregularities in the process. Unfortunately, an attachment was inadvertently omitted from the Specification/Proposal form. Therefore, I am recommending that the Council reject all bids and re -bid the units using the I apologize for any inconvenience this may have caused the Council. cc: John Rodeberg City Center 111 Hassan Street SE Hatchin.son,.11.5 55350 -2522 (320) W -5151 Far (3 20) 2344240 Parks & Recreation Police Services 900 Harrington Street SR' 10 Franklin Street SIV Hrachinson, LV 55350 -3097 !Hutchinson. 11_x 55350 -2464 (320) 587 -3975 ///�� (320) SS7 -2242 Fax (320) 234.4140 �� Fax (3 ?h 587 - 6437 - Printed on rec_vrled Doper - c' TO: Mayor and Council FROM: Dolf Moon - Director- P.R.C.E. Mary Haugen - Facilities and Operations Manager DATE: June 17, 1996 RE: Civic Arena "Mighty Ducks" Grant The City of Hutchinson has been awarded a grant from the State of Minnesota for improvements to the Civic Arena. These improvements are: #1. Installation of a dessicant dehumidifier, # 2. Placement of an energy saving low emmisivity ceiling curtain, #3. Painting of arena ceiling, #4. Replacement of the existing lighting system. The total project is valued at approximately $100,000. It is a matching grant, • with the local match being provided from a variety of sources. The state will pay up to $50,000. of the project. The local match will come through these sources: Donation and installation of the dehumidifier by the group, Family Pledge for Summer Ice, in -kind services of machinery costs and city employee labor, volunteer labor hours, and cash donations from the Family Pledge group and the Hutchinson Youth Hockey Association. The city's actual cash outlay will be approximately $10,000 - $12,000., depending upon the actual costs incurred. The grant is considered an end grant, with payment coming from the state after the project is complete. Therefore, the city is required to pay for the project costs until completion, and then receive reimbursement from the state's grant fund. To proceed with the work, your approval is requested to execute the contractual agreement between the state and the city. Barry Anderson has reviewed the agreement and has recommended that we proceed. Your approval is also requested to provide the necessary funding for the project, and authorization to advertise for bids. Thank you for your consideration. �k� City Center II I Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fat(612)234 -4240 - Primed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN55350 -2464 (612) 587 -2242 Fax(612)587 -6427 • DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III uao AOM nTm �w Tc.AS ..wo �cw YOaR Gary D. Plotz, City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 June 12, 1996 RE: Osgood/Hayden/Lake Street Project Our File No. 3244 -95091 • Dear Gary: 1 A 1996 C OF COJNSEL RAYMOND C. LALLIER ARTH',.R L. DOYEN 501 SOUTH FOURTH STREET PRINCETON, M. NNESCTA 55371 162 389.2214 FAX !6 2 389 -5506 101 PARK PLACE HL CIHINSON. MINNESOTA 55350 132C 587 -7575 FAX (320) 587 4096 I would appreciate it if you would place, on the agenda, a request from our office for the City Council to §chedule a closed meeting for the purpose of discussing the above referenced matter. In light of the attendance of various council members at the League of Minnesota Cities and also in light of vacation schedules and related issues, I would suggest that we consider this request at the next regularly scheduled City Council meeting with an eye towards having the closed meeting at the first regularly scheduled City Council meeting in July. Based on my last conversation with representatives of Landwehr Construction, I am optimistic that we may be able to resolve this matter at that time. Thank you. Best regards. Very truly yours, • ARNOLD, ANDERSON G. Bar derson G B cc: John Rodeberg Mark Gresser ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 (61 2) 545 -9000 FAX 1612) 5 -1793 & DOVE P.L.L.P. 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 • C� I N T E R MEMO O F F I C E Date: June 25, 1996 To: Mayor & City Council From: Gary D. Plotz, City Administrator Subject: HUM R ESOURCES POSITION In view of the upcoming retirement of the Human Resources Director, I recommend a revised job description and a transitional period between Hazel Sitz and the new Human Resources Director. The revised job description shows changes in italics. The changes are consistent with the refocusing of the position toward more employee training, and also responsibilities involving our "Excellence Plus" planning program. Please note the position is a full -time position, although it has been at the 80% of full -time level for years. All responsibility changes in the position have been reviewed by the Directors, and it is the consensus that the changes are positive improvements. Hazel will be present at the Council meeting to assist in answering any questions. My intention is to advertise /post internally to seek candidates and to choose from within the organization. This will maximize the overlap training that could exist from September through Hazel's February 28, 1997 retirement date without creating payment for two salaries. External advertising is not required, and currently we have no policy or legal requirement to do so. In the event that the Council would like to either advertise externally and/or participate on the interview committee (one or more members), I would be happy to include you. /mjs _ J i TITLE • DEPARTMENT HUMAN RESOURCES/TRANSIT COORDINATOR ADMINISTRATION jobdea25 DRAFT 5 -96 -3- ACCOUNTABLE TO CITY ADMINISTRATOR SUMMARY THIS IS WORK IN VARIOUS HUMAN RESOURCES; EMPLOYEE DEVELOPMENT AND SERVICE FUNCTIONS OF THE CITY DUTIES AND RESPONSIBILITIES Maintains and updates the city's position classification and pay plan. Writes or revises employee job descriptions/specifications using information received from department heads, employees and other sauces. Classifies jobs within the pay classification plan in consultation with department heads and city administrator. 2 Confess with city administrator and department heads to maintain equitable pry policies throughoRst an cky- 3 Obtain and reviews mformatiw to be used to maintain an tip to date city personnel policy which will conform to legal ralrmemeau. Reviews requirements with department heads and city council as needed • I Coordtwates the development and i n 7lemmisgim of amployee development and graining prWom as appropriate (hwA%des dsvdopwwd of AN se&). S Serrmo as coordinator of the dty's ExceHe nee P6rs plawwlwg precam 6 CoordLutes Awe city employee recognition, uddow relnrbwrsenkme , eta progrenm 7 Mars city drug testing policy end records of periodic testing. Sees that drag testing requirements (rmdom, post - accident, reasonable cause) are properly administered and filed eccordmg to legal regrtir®ents. a Coordinates the development of emplovee training programs as appropriate. Deals with employee problems on request 9 Caoducb initial KMMM6 interviews for all new perm anent, part time or temporary employees to aid department beads in the employee selection process. Participates in the final selection interviews. 10 Maintains necessary personnel records for EEOC and pry equity reporting requirements. 1 l Provides support to the city administrator in various areas of research or details of administration. Ma serve as staff to %anous ad -hoc committees. Coordinates social functions such as city picnic, retirement parties. • (OVER) �,Cr 12 Caordbudes wM tea persownel tedmiclan in nralntaLakrg and nwaftoriwg eerhln person" records sack in marker's congmwsdiom employee lnsurance and pay c/amytoWlow: IJ Amends enrloyee safety cormyrime meetings and sows as support staff to the corwwitt e. 14 Serves as editor of an employee newsletter . 15 Coordinates the operation of the transit system. a Prepares annual transit budget and grant requests. Monitors budget and submits monthly reports to the state. b Prepares driver and dispatcher work schedules. Establishes guidelines for record keeping and radio communications. Receives and reviews ridmhip repoctsv. Deals with daily operations questions and problem. c Markets the' " system as budget allom. d Reviews mamtmance needs with drivers and motor pool supervtsor. Sees that appropriate repair or rephtcemeat of equipment is scheduled e Sees that state sod federal requirements for dmeer tramm& certification and drag testing are complied with. f Coordinates with state traaait project marrow sod city administrator m loos range plsmias for traa sit. Ahearn conferences and tramiag sessions as needed 16 Performs related duties as required. DESIRABLE QUALIFICATIONS College degree with course work in persomel admimstratton or a related fled. Experience and • bwwledge of mmicipal government practices and regncemeau. Research and organizatiomal abiht' y. Ability to wort mdepeadeady mod to establish and maimtsm effective wodamg relabon'�`aps and open commmicabons with department heads, sopervrsom employees and officials. WORKING CONDITIONS GRADE LEVEL G • C June 21, 1996 V T 04 Dennis Potter and a representative from Berkley Risk Services ( Mark Flaten or his assistant) will be at the City Council Meeting with the insurance renewal information. The policy covers the city's liability, building, and auto. • Dennis tells me the numbers which are now being prepared would make the renewal numbers the same as last year. The only increase is due to valuation increases. The policy is with the League of Minnesota Cities and have a July 1 renewal date. H:aoc \can I.rpd • City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 61 (612) 587 -2242 — _p - Fax (612) 587 -6427 0 0 0 CITY OF HUTCHINSON Effective 7 -1 -95, the deductible for the LMCIT coverage for Property, General Liability and Automobile Liability was raised to $25,000 from $5,000. Premium savings for this deductible increase was 7$ 6,413 1995 Premium Savings 1995 Loss activity between $5,000 and $25,000 Net Savings* $76,413 $76,363 * Premium savings will decrease as losses develop. It is again recommended that the savings recognized from the deductible increase be accrued to fund future loss in the exposure layer between $5,000 and $25,000. q'�>, • Dividends 51,040 Prepared By: Berkley Posk Services, Inc. City of Hutchinson June 25, 1996 1995 -96 1996 -97 1995 -96 1996 -97 Subiect of Insurance LM IT LMC1T Change Percentage • Property 36,720 37,506 786 2.14% Limits: 31,437,520 30,692,713 (744,807) - 2.37% Rate per (00's): 0.117 0.122 0.005 4.62% Deductible: 25,000 25,000 Inland Marine 2,725 3,690 965 35.41% Limits: 747,449 1,450,056 702,607 94.00% Rate per (00's): 0.365 0.254 (0.11) - 30.20% Deductible: 500 500 Boiler & Machinery 4,411 4,441 30 0.68% Fidelity Bond 2,485 2,485 Crime 751 1,426 675 89.88% Limits: 50,000 95,000 45,000 90.00% Deductible: 500 500 Automobile 33,800 29,602 (4,198) - 12.42% $600,000 CSL Liability Deductible: 25,000 25,000 Comprehensive Deductible: 500 500 Collision Deductible: 500 500 • General Liability 77,735 81,013 3,278 4.22% 5600,000 CSL Liability Deductible: 25,000 25,000 Liquor Liability 15,403 16,740 1,337 8.68% Receipts: 1,855,800 2,092,555 236,755 14.24% RatetS100: 0.83 0.80 (0.03) -3.70% Limit of Liability: 1,000,000 1,000,000 Public Officials Liability ncluded in GL Included in GL 5600,000 Liability Deductible: 25,000 25,000 Airport Liability 5,550 5,550 Limit of Liability: 5,000,000 5,000,000 Hangerkeepers' Liability: 1,000,000 1,000,000 Total 179,580 182,453 2,873 1.60% Package Only 156,142 157,678 1,536 0.98% • Dividends 51,040 Prepared By: Berkley Posk Services, Inc. • RESOLUTION NO. lo7oi RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WHEREAS, the Minnesota Department of Public Safety has approved a grant application from the Hutchinson Police Services; AND WHEREAS, the Hutchinson Police Services intends to utilize the $13,000 grant for community oriented policing purposes; AND WHEREAS, authorization to execute an agreement between the Minnesota Department of Public Safety and Hutchinson Police Services is necessary to receive the approved funding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council hereby authorizes the director of Police Services[Emergency Management to execute the necessary agreements to receive the $13,000 grant from the Minnesota Department of Public Safety. • Adopted by the City Council this 25th day of June, 1996. Mayor City Administrator • /o -A C M E M O R A N D U M June 27, 1996 TO: Steve Madson, Director of Police and Emergency Services FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Seneca Foods Corporation Hydraulic Oil Spill of Monday, June 24 The Engineering, Parks and Street Departments have the following expenses from the cleanup for the above referenced event. • PERSONNEL TIME Director of Engineering/Public Works Parks Supervisor Parks Laborer Engineering Technicians (2) Street Department Personnel (4) TOTAL PERSONNEL COST EQUIPMENT COST Engineering, Park Vehicles (4) Dump Trucks (2) Grader (1) Road Sweeper (1) TOTAL EQUIPMENT COST MATERIALS Washed sand for street cleanup Plastic Sheeting for material cover TOTAL MATERIALS Regular 1.5 hours @ $42.50 Regular 1.0 hour @ $20.25 Regular 1.0 hour @ $6.00 Regular 3.0 hours @ $19.50 Overtime 2.0 hours @ $29.25 Regular Overtime 5.0 hours @ $21.00 8.0 hours @ $31.50 7.5 hours @ $8.00 6.5 hours @ $30.00 2.5 hours @ $62.50 2.5 hours (a7 $60.00 25.0 yards @ $5.00 $79.99 plus tax If you have any questions or comments please give me a call. 11 cc: Gary Plotz - City Administrator Dolf Moon - Director of PACE Larry Karg - Street Supervisor Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 2344240 $ 63.75 $ 20.25 $ 6.00 $ 58.50 $ 58.50 $105.00 $564.00 $ 60.00 $195.00 $ 62.50 $150.00 $467.50 $ 125.00 $ 85.19 $ 210.19 Police Services City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 - Printed on recycled paper - 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 �D _ A Fax (320) 587 -6427 IMMEDPATE PAY COUNCIL REPORT TUE, JUN 25, 1996, 2:08 PM page 1 -------- - - - --- — CENTRAL GARAGE -- - - - - -- -----------------------------------------------------•--------------------- FORTIS BENEFITS EMPL.HEALTH & INS- BENEFIT $21.15 MN MUTUAL LIFE EMPL.HEALTH & INS. BENEFIT $6.72 < *> IP ENERAL $27.87* FUND CASH WISE SOFT SALT $245.39 DEPT NATURAL RESOURCES DNR REMB TO SATE $1,592 -00 FORTIS BENEFITS EMPL.HEALTH & INS. BENEFIT $1,605.06 HUTCHINSON TEL CO JUNE SERVICE $122.17 MCLEOD COOP POWER MAY ELECTRIC $804.73 MN MUTUAL LIFE COBRA LIFE MATTSFIELD $507.99 , MN TWINS 30 GAME TICKETS - SENIOR DAY $214 -00 < *> $5,091.34* INSURANCE FUNDS CASH WISE HEART -AT -WORK $1.97 < *> $1.97* LIQUOR STORE CITY OF HUTCHINSON LOTTERY AMT $538.00 CITY OF HUTCHINSON- GENERAL FUN PAYROLL 6/7/96 $5,865.45 FORTIS BENEFITS EMPL.HEALTH & INS. BENEFIT $39.19 HILLYARD FLOOR CARE /HUTCHINSON CLEANER $14.57 MN DEPT OF REVENUE MAY TAX $211.14 MN MUTUAL LIFE EMPL.HEALTH & INS. BENEFIT $12.60 < *> $6,680.95* WATER /SEWER FUND CASH WISE REFRESHMENTS COMPOST CLASS $33.51 FORTIS BENEFITS LTD INS 6196 $204.06 MN DEPT OF REVENUE WATER SEWER TAX $4,309.28 MN MUTUAL LIFE EMPL.HEALTFt & INS. BENEFIT - $70.35 MWOA DOUG JOHNSON REG FEE $350.00 QUADE ELECTRIC FUSE $2.13 < *> $4,969.33* $16,771.46* • • 11-7q, OPEN -HOLD COUNCIL REPORT TUE, JUN 25, 1996, 1:32 PM page - ---------------------------------------------------------------------------------------------------- 1995 IMPRO CONST LANDWEHR CONSTRUCTION EST #5 -MAY 1996 $7,184.38 MID -MN HOT MIX INC EST #6 -MAY 1996 $11,195.94 < *> $18,380.32* •ENTRAL GARAGE BRANDON TIRE CO AFTER HOUR SERVICE, TIRE $946.02 CITY OF HUTCHINSON JUNE MEDICAL $432.09 DATASTREAM SYSTEMS SUPPORT $1,196.25 SCHRAMM IMPLEMENT BELT $65.27 < *> $2,639.63* ECON. DEV. LOAN CITIZENS BANK SOLITRA LOAN $1,572.94 MID -MN HOT MIX INC BLACKTOPPING DRIVE, ETC $8,505.00 PELLINEN, WILLARD PROFESS SERV -CURB & GUTTER $380.00 SOUTHWEST MN INITIATIVE FUND SOLITRA PAYMENT $884.91 < *> - $11,342.85* GENERAL FUND ACTION ACCENTS TYR BIKINI, LESS RETURNS $429.25 ALL SEASONS LAVA ROCK $20.00 ALLEN OFFICE PROD SET OF CASTERS $69.60 AMERICAN RED CROSS INF /PRESCH CARDS, WADDLES $88.78 ARCHER, KURT SOCCER COACH $54.00 ARLT, JOHN UMPIRE GAMES $184.00 AUTOMATION SUPPLY CO HP CARTRIDGE $55.56 BAYERL, BARRY UMPIRE GAMES $138.00 BEACON BALLFIELDS FIELD TOOLS $98.72 SENNETT OFFICE SUP. REPAIRS TO TOSHIBA COPY MACH $225.12 BERKLEY RISK SERVICES JUNE PROFESS SERV $800.00 BREMIX CONCRETE CO REROD $34.83 BSI BIKE HELMETS $4,428.00 BUSINESSWARE SOLUTIONS SERVICE, LABOR $330.31 CADD /ENGINEERING SUPPLY BLUELINE $99.69 CARRIGAN, CORY LEAGUE SUPV $176.00 CARTER, JEREMY REIMB FOR SAFETY BOOTS $60.00 CENTRAL GARAGE LABOR RATE ADJMT $19,813.99 CENTURY LABS OPERATING SUPPLIES $614.28 CITY OF HUTCHINSON JUNE COBRA MED- MATTSFIELD $29,967.14 CLARKE, OWEN UMPIRE GAMES $115.00 COAST TO COAST REFUND VARIANCE APPLICATION $75.00 • COMM TRANSPORTATION JULY HANGAR PAYMENT $700.00 CULLIGAN WATER COND SOFT SALT 102.96 CURTIS 1000 ENVELOPES 679.10 DEJAEGHERE, JOE REFUND T -BALL $10.00 DEPT NATURAL RESOURCES DNR FEES $988.00 DJ'S MUNICIPAL SUPPLY VEST $156.43 DRESSEL, SARAH REIMS FOR SAFETY BOOTS $39.97 EITEL, SHARI CONCESSIONS $25.00 ERICKSON, DON MEALS, MILEAGE -L OF MN CONF $75.95 EVESLAGE, JOE MAINTENANCE HOURS $24.00 FEED RITE CONTROLS 0 -RING, PIN PIVOT, LABOR $75.95 GIESE, RICK UMPIRE GAMES $219.00 GOLD COUNTRY INC ADULT T- SHIRTS $255.86 GREAT PLAINS SUPPLY SAKRETE CONCRETE MIX $25.47 HAAG, KAY REFUND SOFTBALL $12.00 HAMILTON, DENISE REFUND SUMMER QUEST $13.00 HANSEN GRAVEL GRANITE, QUARTIZ, RED ROCK $10.50 HAUGEN, KRISTIN REFUND SWIMMING LESSONS $24.00 HENRYS FOODS INC CANDY, SLUSH BASE $1,135.38 HILES, MARK REIMB FOR SAFETY BOOTS $49.99 HILLYARD FLOOR CARE / HUTCHINSON KITCHEN ROLL $262.30 ' HOVERSTEN, DUANE SBDC SERVICES- 136.25 HOURS $10,218.75 HUTCH COMM HOSPITAL HEP B VACCINATIONS $106.00 HUTCH ELECTRIC ELEC HOOK -UP /HORSESHOE COURT $130.00 HUTCH FIRE & SAFETY EXTINGUISHER INSPEC, DRY CHEM $126.75 HUTCH MEDICAL CENTER DRUG SCREENING, LAB WORK $125.00 HUTCHINSON UTILITIES MAY GAS & ELEC $7,877.31 INSURANCE PLANNERS BLANKET CRIME & FORGERY BOND $2,063.00 J & J HANDYMAN RE -ROOF HOLDING VALUT $2,521.00 JACOBI, KRISTA REFUND SWIMMING LESSONS $33.00 JENSEN &, NEIL J. JULY PAYMENT $230.00 JERABEK MACHINE SERV ANGLE IRON, CUTTING $4.23 K MART SAFETY PINS $135.68 KOHN, PATRICK REIMB FOR SAFETY BOOTS $60.00 L & P SUPPLY CO PRO TRIM HD $354.39 LJ OPEN -HOLD COUNCIL REPORT TUE, JUN 25, 1996, 1:32 PM page 2 -------------------------------------------------------------------------------------------------- GENERAL FUND LEAGUE OF MN CITIES WORKSHOP -J ARLT, R CARTER $30.00 - LEE, DAVID REFUND OVERPAYMENT -HUTCH TELCO 277.00 LESKE, TONY CONCESSIONS 148.50 LINGBEEK, CONNIE REFUND DIVING SKILLS $12.00 . LOGICAL OPERATIONS MS MAIL SCHEDULER $54.43 LOOMIS, LORI REFUND SUMMER QUEST $13.00 LUNDHOLM, LORI CLEAN WINDOWS $63.90 MARKS TV UNIT REPAIR $20.00 MARQUETTE BANK NIGHT DEPOSITORY KEYS $20.00 MEEKER SAND & GRAVEL SAND $70.62 MERKINS, KYLE REIMS FOR SAFETY BOOTS $60.00 METRO ATHLETIC SUPPLY SAND VOLLEYBALLS $312.22 METRO SALES RICOH FT -3213 $1,766.52 MITTELSTEADT, LORI REFUND ELKS BASEBALL $18.00 MN CITY /COUNTY MANAGEMENT ASSC RENEWAL $60.00 MN DEPT OF REVENUE FIELD TOOLS $9.15 MODERN FARM KEYED -ALIKE LOCK $36.00 MOON, DOLF MEALS, GAS $34.05 MORTENSEN, KAROL REFUND OVERPAYMENT -CENEX $179.00 NICKLASSON ATHLETIC CO PITCHING RUBBERS $138.95 NORMAN, TODD UMPIRE GAMES $138.00 NORTHERN SAFETY CO HEARING PROTECTOR $96.59 PIONEERLAND LIBRARY SYSTEM 3RD QTR OPERATING EXP $18,591.50 PLOTZ, GARY D. MEALS, MILEAGE, PARKING -L CONF $239.11 QUANTUM LABS QUANTUM BL LBL -LG & XLG $73.93 RECREONICS DPD REAGENT $29.66 REED, KARI REFUND SKATING LESSONS $18.00 REID, MATTHEW REIMB FOR SAFETY BOOTS $60.00 RIBICH, NANCY REFUND LIFEGUARDING CLASS $28.00 RICE, CAL REIMB FOR INTERNET CLASS $45.52 RIDER BENNETT EGAN & ARUNDEL PROFESS SERV -PSYCH FILES $77.92 ROMO, JOHN L. LEAGUE SUPERVISOR $104.00 ROTO ROOTER CLEAN DRAINS $60.00 SCHNOBRICH, MARK REFUND PEANUT BASEBALL $15.00 SHOPKO CASSETTE TAPES $140.24 SIMPLEX -TIME RECORDER CO ACCESS CONTROL PARTS $133.13 SMITH, ANDREW REIMB FOR SAFETY SHOES $39.97 SORENSEN FARM SUPPLY #35 CHAIN $2.76 SOUTHAM BUS COMM CONST BULLETINS $324.00 STANDARD PRINTING JUNE NEWSLETTER $241.74 SUBWAY 12 PORTION PLATTER, CHIPS $19.34 • TALBERG, CYNDY REFUND FOR T -BALL & SOFTBALL $20.00 TELE -PRO VIDEO YOU BE THE JUDGE -VIDEO $21.95 TEMPLETON INC EMPLOYER CONTRIB -MAY & JUNE $477.81 TILTON, DAVID UMPIRE GAMES $138.00 TRIPLE G DISTRIBUTING INC POP PURCHASE $36.00 UHL CO. SERVICE PERFORMED ON 5/24/96 $216.60 - UNITED BLDG CENTERS HANDI -CRETE $29.73 US POSTAL SERVICE JULY NEWSLETTER POSTAGE $245.00 US WEST COMMUN JUNE SERVICE $207.21 VALLEY VIEW ASSOCIATES STA -RITE PUMP $347.40 VFW POST 906 DINNER FOR 38 SENIORS 152.00 VIKING COCA COLA POP PURCHASE 678.90 VIKING SIGNS SIGNS FOR BIKE BONANZA $425.01 WAL -MART BINDER, SUNCARE, REPEL SPRAY $240.23 WEDIN, CHUCK REIMB FOR MEAL SUPPLIES $18.40 WELDING SYSTEMS INC CLAMP, CRONTRON ALLOY $81.03 WEST PUBLISHING CO PAMPHLETS $172.74 WILLIAMS, COLIN UMPIRE GAMES $253.00 WRIGHT, CAROL REFUND CANCELLED CLASS $13.00 WRIGHT, LEE UMPIRE GAMES $184.00 YUREK, LACEY REFUND FOR SHELTER RESERVATION $15.00 < *> $114,522.00* HOUSING REDEV HERBERT, DEAN & HOUSE RENOVATION SUPPLIES $9,097.55 WINTER, LAWERENCE & ELECTRICAL WORK $4,345.00 < *> $13,442.55* HUTCH TRANS FAC. FARMERS ELEVATOR ASSN GRASS SEED $430.33 HILLYARD FLOOR CARE /HUTCHINSON TISSUE $50.86 MINNESOTA PETROLEUM SERVICE CARDLINK SOFTWARE $2,352.68 PETERSEN SERVICE CENTER DANE OATS $184.80 SORENSEN FARM SUPPLY RENTAL SEEDER $99.68 < *> $3,118.35* • OPEN -HbLD COUNCIL REPORT TUE, JUN 25, 1996, 1:32 PM page 3 ------------------------------------------------------------------------------------------ LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $943.18 - - - - -- - -- CITY OF HUTCHINSON- GENERAL FUN PAYROLL 6/21/96 $6,645.24 ED PHILLIPS 6 SONS CO. JUNE WINE PURCHASE $933.31 GRIGGS COOPER & CO JUNE WINE RETURN $7,733.13 INSURANCE PLANNERS LIQUOR LIAB RENEWAL $4,764.00 JOHNSON BROTHERS LIQUOR CO. JUNE WINE PURCHASE $10,383.64 LENNEMAN BEVERAGE DIST. INC JUNE BEER PURCHASE $9,633.90 LEO'S TRANSFER FREIGHT -1ST HALF JUNE $363.24 LOCHER BROS INC JUNE BEER PURCHASE $23,341.42 QUALITY WINE 8 SPIRITS CO. JUNE LIQUOR PURCHASE $1,856.41 TRIPLE G DISTRIBUTING INC JUNE BEER PURCHASE $20,269.15 < *> $86,866.62* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB $690.00 AMERICAN FAMILY INS CO. EMPLOYEE CONTRIB $89.16 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB $158.93 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB $2,776.91 PERA LIFE INS CO. EMPLOYEE CONTRIB $118.50 PERA- D.C.P. EMPLOYEE CONTRIB - $52.02 PRUDENTIAL EMPLOYEE CONTRIB $180.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB $30.00 PUBLIC EMPLOYEES EMPLOYEE CONTRIB $14,728.06 TEMPLETON INC EMPLOYEE CONTRIB $448.46 WADELL 6 REED EMPLOYEE CONTRIB $150.00 WITHHOLDING TAX ACCT EE CONTRIB $34,614.52 <•> $54,136.56* WATER /SEWER FUND AM.WELDING SUPPLIES OXYGEN, COMPRESSED $15.85 ANALYTICAL PRODUCTS GROUP DEMAND, NUTRIENTS, SOLIDS, ETC $225.66 , B.A. LIESCH ASSOCIATES PROFESS SERV- COMPOST PRMT APP $393.00 BENNETT OFFICE SUP. BINDERS, PAPER, LABELS $103.56 CENTRAL GARAGE LABOR RATE ADJMT $902.67 CHEMSEARCH YIELD AEROSOL $74.69 CITY OF HUTCHINSON JUNE MEDICAL $4,266.71 D.P.C.IND.INC CHLORINE $618.90 DEVRIES, RANDY MEALS -L OF MN CONF $47.52 DYNA SYSTEMS DRILL BITS, SIX SHOOTER CAP $117.79 FADDEN PUMP CO. VALVE $80.22 • GLEN FADDEN PUMP SERV SERVICE CHARGE -S & L LIFT STN $289.92 GOPHER STATE INC MAY CALLS $154.00 GRAPHIC CONTROLS FISCHER PORTER $108.11 HUTCHINSON UTILITIES MAY ELEC $414.90 IMS. SHARPENING SERVICE $41.00 INDUSTRIAL DOOR CO INC 2 CAR SET LINEAR RADIO CONTROL $103.00 INDUSTRIAL MAINT SUPPLIES HHCS $97.15 INGMAN LABORATORIES WATER SAMPLE $166.00 L & P SUPPLY CO LAWNMOWER BLADE CERTIFICATE $5.00 LAB SAFETY SUPPLY INC TOOL RACK, TELE POLE, WASHER $108.73 LTP ENTERPRISES BILLED AS PER LETTER $2,920.76 MAS PRODUCTION COMPOSTING VIDEO $1,692.50 MCNELLY GROUP JUNE COMPOSTING LEASE $5,325.00 MID CON SYSTEMS INC SBD $171.03 MN VALLEY TESTING LAB AEROBIC PLATE COUNT TEST $8.00 MPCA RENEWAL FEE -RANDY DEVRIES $69.00 NCL MAJONNIER BAGS, PAPER REFILL $410.61 OLSEN, DIANE MILEAGE -LOGIS MEETING $42,00 PURIMETRICS INC SLEEVES $63.40 QUADS ELECTRIC 18 -2C STAT $22.10 RAK INDUSTRIES INDUSTRIAL STEEL BROOM $128.39 SANIFILL INC LOADS 5/28 TO 6/1 $4,339.98 SCHRAM4 IMPLEMENT JULY RENTAL $743.37 SERCO LABORATORIES VISCOSITY BIOSOLIDS, ANALYSIS $170.00 SERV -O -CAL SERVICE, REPAIR AIR DRYER SYST $4,290.97 SHARE CORP SHARE GRIT WTRLS HAND CLEANER $72.12 ST CLOUD TECHNICAL COLLEGE APPLIED MATH SET $40.90 TWO WAY COMM INC BATTERY $79.88 VIKING SAFETY PRODUCTS SOLAR BARRIER LIGHTS $87.28 WATERPRO WESTERN CB REPAIR $147.17 WELCOME NEIGHBOR MAY LISTING $60.00 < > $29,218.84* $333,667.72* QUOR FUND MAY SALES TAX • JUNE ESTIMATE TAX 18,244,00 13,683,00 • • 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A- BRUEGGEMANN PAUL D. DOVE ** JANE VAN VALKENBURG RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS. III 'ALSO ADMITTED IN TEYS InD nEw 10Pn Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Assessment Issues Our File No. 3188 -87001 Dear Gary: JUN 1 71996 OF COJNSEL RAYMOND C. LALLIER ARTHUR L. �OTEN 558 CEDAR L ="E ROAD MINNEAPOLIS. M~,E50TA 55416 161 2) 5�5 -900 FAX (612'S<3 -=793 501 SOUTH FOJP'H STREET PRINCETON, M'. NNESOTA 55371 (612) 309 -22 FAX '612' 389 -5506 FOR YOUR INEOBIMM I am enclosing herewith a recent decision of the Minnesota Court of Appeals, decided on May 3, 1996, entitled Singer vs. City of Minneapolis Finance & Commerce, May 3, 1996, page 43. The decision is interesting in that it upholds the right of the City of Minneapolis to collect special assessments for nuisance abatement. Unfortunately, the statutory authority under which the City of Minneapolis acted is specifically limited to the City of Minneapolis. Under the special legislation, the City of Minneapolis is entitled to provide for assessment for the service to streets, sidewalks, street cleaning, sewer charges, water charges, solid waste disposal charges and "any other charges for abatement of nuisance conditions as defined by the City." Laws of Minnesota for 1994 Chapter 587, Article 9, Section 2. I am enclosing a copy of Minn. Stat. §429.101 dealing with service charges which outlines the charges that the governing body of a municipality may collect and this is somewhat more restrictive than the provisions in the above entitled case. However, I thought the Council would find this discussion to be interesting and it is encouraging that the Court of Appeals did uphold the right of a municipality, under whatever theory, to deal with nuisance issues. ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587-7 57 5 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON June 13, 1996 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. Gary D. Plotz • June 13, 1996 Page 2 Thank you. Best regards. Very truly ours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry dekso GBA:lm n Enclosures • • FINANCE t1ND COMMERCE APPELLATE CouRfs EDITION MAY 3, 1996 Sahesourinh's property damage claim. From February 24, 1992, to July 1, 1992, Senesourinh's no -fault insurer, Grinnell Mulual Insurance, paid wage loss benefits, but halted the payments after an indepen- nt medical examination. Senesourinh then attempted to m to work, but after two hours on the first day, she came diuy and fell. Senesourinh contacted Hansen and told him that she needed money. On July 7, Hansen met with her at her home. No interpreter was present and Senesourinh was not represented by an attorney. Hansen offered $7 to settle the personal injury claim. Senesourinh responded that she wanted $10,0100. After they ultimately settled on 59,000, Hansen read hers sculement release.A portion of rte ensuing conversation balween Hansen and Senesourinh was taped and transcribed. Just three weeks or so later, Senesourinh contacted a lawyer. prod sing to pursue a perxnal injury claim a_einst Sta!a Farm and Wurzinger. As a first step, Senesourinh ini- tialed this declaratory judgment action to set aside the release. Following a court trial, the court determined that Senesourinh had an adequate understanding of the agree- ment and dismissed herclaim. This appeal followed. DECISION In a declaratory judgment action tried without a jury, the court's factual findings must be sustained unless they are manifestly contrary to the evidence or not supported by the evidence as a whole. Waste Recovery Coop. v. County of Hennepin, 475 N. W.2d 892, 894 (Minn. App. 1991), review denied (Minn. Dcc.9, 1991). An agree- ment settling a dispute is presumed valid. Sorensen v. Coast -To -Coast Stores, 353 N.W.2d 666, 669 (Minn. App. 1984), review defiled (Minn. Nov. 7, 1984). A release is invalid, however, if it was executed under cir- cumstances showing a release was not intended. Id. We conclude that the trial court's finding that esourinh "mastered an adequate understanding of release is clearly erroneous. Because she did not nderstand the release, she will not be held to have intended that it have effect. The trial court's finding of "understanding" is incom- patible with the findings of two psychologists that Senesourinh had difficulty understanding spoken English, their tests "cast doubts as to how much she truly understands when engaged in conversation," and it is highly improbable that [Senesourinh] under- stood the meaning of the insurance release which she signed, even though it was read to her. There was no expert testimony contradicting the psychol- ogists' opinions. Furthermore, when read in its entirety, the transcript of the taped portion of the conversation between Hansen and Senesourinh after Hansen read the release does not reveal in any way that Senesourinh "mas- tered" the contents of the release. When Hansen asked Senesourinh if she had coverage through Grinnell, she responded, "What mean ?" When he asked if she under- stood that the release had no bearing on her benefits from Grinnell, Senesourinh asked, "Um, what do you mean ?" After Hansen further explained that signing the release would not affect "your own medical bills [through] your own company • ' " Senesourinh said, "Means that when I go see the doctor that my company no pay me no more then I take the money over." Courts have used a variety of factors in examining a party's intent to release a claim. See Schmitt -Norton Ford, Inc. v. Ford Motor Co., 524 F. Supp. 1099, 1102- 03 (D. Minn. 1981) (listing six factors), afrd 685 F.2d 438 (1982); Schmidt v. Smith, 299 Minn. 103, 109.10, 6 N. W 2 669, 673 (1974) (listing eight factors). Those ors make the following facts relevant: (1) Senesourinh as not represented by legal counsel; (2) the release was written at an 11.9 to 17.4 grade level; (3) Hansen told Senesourinh that she could "still submit the medical bills and any wages to" Grinnell, even though a Grinnell representative the previous day had told Hansen himself that Grinnell would not make any more payments; and (4) public policy favors setting aside this release because its enforcement would likely lead to society supporting Senesourinh. See Schmitt- Norion, 524 F. Supp. at 1102 -03 (factors include absence of legal counsel, language of release and whether the plaintiff was permitted to change it, inequitable con- duct, and public policy); Schmidt, 299 Minn. at 110, 216 N.W.2d at 673 (factors include absence of legal counsel and lang,,a ;e of release, i.e., whether it iccludes unkr,o'�n injuries); In re Larson, 228 Minn. 216, 219, 36 N.W2d 601, W3 (;949) (public has spe- cial interest in preveming injured puns from becoming burdens on sciety because of impro ideal settlement). There were many "sic posts" alerting Hansen that it was recessary to have a third party present to ensure that Senesourinh understood the legal effects of the release. Senesourinh's financial distress and confusion over the release were dear. Hansen never even attempted to explain what "sculement" or "release" meant. He seemed to be con- cerned only with limiting State Farm's liability. State Farm argues that Senesourinh failed to meet the clear and convincing standard for setting aside a personal injury release. Senesourinh argues that the standard is preponder- ance of the evidence. We decline to Me on the proper standard, ruling instead that of these facts Senesourinh met her burden, whether the clear and convincing standard or the pre- ponderance of the evidence standard is applied. Senesourinh argues that the trial court abused its discretion by excluding testimony that some of her injuries were unknown when the release was executed. Because we reverse the trial court on other grounds, it is unnecessary to address this argument. Reversed. This opinion will be unpublished and may not be cited except as provided by Milano. Stat § 48OA -08, subd. 3 (1994) ,• STATE OF MINNESOTA' IN'COURT OF APPMALS re Ramsey County Harten, Judge District Court File No. 9419026 Jack M. Singer, Pro Se Appellant, 3026 Irving Avenue N. ,John E. Brynildson, P.E. Metallurgical Engineer • Fuel Gas Metallurgy • Corrosion Studies • Product Uability Evaluation • Complete Laboratory Services 6121557-9090 8001538-2797 390S Annapolis Lane North, Plymouth, MN 55447 • Scanning Electron Microscopy • FallureAralysis - Memis/Materials • Expert Testimony /Utigatlon Support CRAAE ENGiAEERLNC Am) FO RExsic SERvicES 43 Appeals court M"31,1996 vs. Minneapolis, MN 55411 City of Minneapolis, Surell Brady Minneapolis City Attorney Respondent. William C. Dunning Assistant City Attorney 300 Metropolitan Center 333 South Sevcwh St. M inne ar dls, NIN 53402 -24 Filed April 30, 1996 Office of Appellate Courts Considered and decided by Lansing, Presidinc Judge, Hanen, Judge, and Schultz, J udge.' 'Retired judge of the district court, serving as judge of the M: nnesota Court of Appeals b appo i nt ment pursuant to Minn. C onst -art VI, § 10. UNPUBLISHED OPINION HARTEN, Judge (Hon. Kathleen Blatz, Disnci Court Trial Judge) A property owner challenges the legality of special assessments imposed by the City of Minneapolis. We affirm. FACTS Appellant Jack M. Singer purchased property located at 2319 Irving Avenue North in Minneapolis at a tax foreclosure sale on April 29, 1994. Prior to foreclosure, respondent City of Minneapolis (the City) had levied $863.76 in special assessments against the property for municipal services perform on the property.t 'The aesea6mera were for work done by the City in 1993 including femoral of. pr- pet furniture and roiscettanoous debrta--5199.88; fall grass and weeds,4232.00; FIN AN COMMERC APPE COURTS El)rno ,reeds, aM brusli - S232.00, discarded cough - -St 99.88. Although these assessments were canceled by the foreclosure action, the City h eld a hearing on August 23, 1994 to reassess that amount? 2 The Terms of Sale Singer agreed to wren purchasing the property included: • SPECIAL ASSESSMENTS- If a parcel had canceled special assess marts, as indicated on the puts atlon list. a percentage of the pur- chase pica will be apped to the Published amount of special assess merits. Any remaining tealance rna be reassessed by the municipali- ty Local Improvements not yet assessed, and special assassmerns l e e red a for mu be ass rn ed by the p urchase+. The hearing officer reco- mended imposing the assessments, which the City levied against the property on November 10, 1994. Singer appealed to the district court. The district court affirmed, holding that the City had properly exercised its authority to make the assessments, that Singer had received due process. that Singer had failed to produce any evidence to challenge the amount of the assessments, and that his other arguments were not pertinent. Singer appeals. DECISION The facts of the case are not in dispute; Singer raises numerous pro se legal arguments. The only issue on appeal is whether the district court erred in its application of the law. Flugerbut Corp. v, Suburban Nat'l Bank, 460 N.W.2d 63, 65 (Minn. App. 1990). Statutory construction is also a legal issue that we review de novo. Doe v. State Bd. of mledlcal Ex i rnlners, 435 N.W.2d 45, 48 (Minn. 1989). 1. Compliance with LAw The City had the authority to levy special assessments against Singer's property for abating nuisances. Minnesota Statutes chapter 429 governs local improvements and special assessments and is made applicable to the City of Minneapolis by 1969 Minn. Laws ch. 499, §§ 1 -2. aThese provisions awe • Bringing Information to Light ASSET SEARCHES. EN FORMOT a ON S E RV I C ES :, - .7192 K,! -t, �`E2I °AX x,612,27192c: • to the legal enE arynrmr ._.ru.uu:a me Coruaa 9nm, Lm e, nr f. � Jrr v:l.,,, i,; rii n F4VANCE AND CO MMERCE APPEILITE COURTS EDITION r � Notwithstanding the provisions of the charter of me ety of Minneapolis or of any stannory enactment, the provisions of Minnesota Stahaas 1967, Chapter 429, are heraby made applicable to the city of Minneapolis, and sad city. at its option, may make any oral impravemem and levy any special assessment ermer under its home fine Harter, or under said Chapter 429. a under other mrsurig statutory authwrty as council of the city of Minneapolis may in each rase determine. Notwithstanding any provisions of the charter of Vie city of Minneapolis, a of any statutory enactments, the said cry may provide lot t^e collection of special charges fa as or any part of the cost cf any service ;o sweets, s,derrlks, or other property, sweet o4irg, street flushing and cieaning, and any and all other services or improvements specified in said Chapter 429, as a special assessment against the property benefited_ The procedure for cite levy of sa.d special assessmen Shat, d the aty elects to procc�ad under the p rwisons o f said Chapt 4 be as proved in said Chapter 429. The legislation was amended in 1994 to include language specifically authorizing the City to ca llcet special assessments for abating nuisances. 1994 Minn. hws ch. 537. ,n. 9, § 4. The City has defined "nuisances " on private property to include noxious weeds, grass over eight inches tall, garbage, and brush that constitutes a hazard to the public. Minneapolis, Minn., Code of Ordnanccs § 227.90 (1989). The City has established a prci for notifying property owners of nuisance conditions and the abatement of such conditions: All costs, including an administrative fee, incurred by the city for the removal and disposition of the offensive matter or for correct- ing the nuisance shall be assessed '•'. In cases where there have been two (2) authorized removals of offensive conditions and/or vegetation at a given site within any twelve -month period, the third and subsequent abatement assessments shall have a double admin- istrative fee until such time as no authorizations are required for a period of twelve (12) months. ••• [The City] shall mail to the owner a notice of intent to assess the costs of said action. Such notice shall state the amount and basis for the costs and the time, date and place of a hearing before a bearing officer appointed by the council to determine the validity and amount of the proposed assessment. Minneapolis, Minn., Code of Ordinances § 227.100 (1993). Minneapolis ordinances do not address reassessment of tax - forfeited land that is returned to private ownership. But according to chapter 429, • [w]hen a parcel of tax - forfeited land is returned to private owner- ship and the parcel is benefited by an improvement for which spe- cial assessments were canceled because of the forfeiture, the municipality that made the improvement may, upon notice and hearing as provided for the original assessment, make a reassess- ment or a new assessment as to the parcel in an amount equal to the amount remaining unpaid on the original assessment. Minn. Star. §429.077, subd. 4 (1994). A property owner may appeal an assessment to district court Minn. Slat. §429.081 (1994). Singer argues that the assessments are invalid because the City failed to apply a consistent authority throughout the assessment process. According to Singer, the City may use either the ordinances or chapter 429, but rat bah. Tne Gty at its option, may make any local improvement and levy any spe- cial assessment either under its home rule charter, or under said Chapter 429. 1969 Minn. Laws ch. 499, § 1 (emphasis added). This court has previous- ly stated, however, that "the 1969 session law both expressly allows the city to proceed with local assessments under its charter and makes chapter 429 available to the city." Gadey v. City or Minneapolis, 517 N.W.2d 344, 348 (Minn. App. 1994) (emphasis added), review denied (Minn. Aug. 24, 1994). Neither the session law, nor our interpretation of it in Gadey, precludes the City from proceeding under both its ordinances and chapter 429. We thus hold that it was proper for the City to utilize both the ordinances and the statute authorizing reassessment. Singer also argues that the City impemtissibl applied a statute retroac- tively. The 1994 session laws allowed Minneapolis to make special assess- ments for the "abatement of nuisance conditiorl 1994 Minn. Laws ch. 587, art. 9, § 4. Because no effective date was stated, the statute took effect August 1, 1994. Minn. Star. §645.02 (1994). The law was not applied retroactively. The hearing on the assessment was held August 23, 1994, three weeks after the session law took effect. The assessment was levied November 10, 1994. Furthermore, even though � the work was done in 1993, the 1969 session law allowed the City to col - eG special assessments for a list of things "and any and all other services or improvements specified in said Chapter 429." 1969 Minn. Laws ch. 499, § 2. The 1994 session law makes the earlier legislation more specific, but the City had authority to make special assessments for nuisances under MAY 3,1996 the 1969 legislation. See generally Nardini v. Nardini, 414 N.W.2d 184, 196 (Minn. 1987) ( "a clarifying act is to be read into statutory law retro- spectively"). 2. Constitutionali of Assessme 4 he Attorney General was notified of this constitutional challenge but chose not to intervene. Singer contends that the assessments are unconstitutional. According to the Minnesota Constitution: Taxes shall be uniform upon the same class of subjects and shall be levied and collected for public purposes •• ". The legislature may authorize municipal corporations to levy and collect assessments for local impmvemenr.s upon property benefited thereby without regard to cash valuation. Minn. Const. art. X, § 1. Singer Srsi claims that the Iegislaeion allowi,^,g the City to pass its own ordinances regarding special assessments violates the requirement that taxes be uniform. We disagree; the Constitution specifically authorizes such legislation. Singer next argues that the amount of the assessment was excessive, making it a taking. If the amount of an assessment is higher than the bene- fit conferred, the govemmental entity has committed an unconstitutional taking without just compensation. Tri -State Land Co. Y. City of Shoreview, 290 N.W.2d 775, 777 -78 (Minn. 1980). Assessments are pre- sumed valid. Buzick v, City of Blaine, 505 N.W.2d 51, 53 (Minn. 1993); Tri-State, 290 N.W.2d at 778. The party contesting the assessment has the burden of presenting evidence that the amount charged is greater than the increase in value to the property. Tri-State, 290 N.W.2d at 778. Singer did not present any evidence to the district court on the value of the improve- ment to his property compared with the amount of assessment. Nor did he present evidence regarding competitive rates or whether a service charge was added. The assessment is presumptively valid. Singer also claims that cutting weeds and hauling away old furniture is not an improvement and actually decreases the property's value by remov. ing things from his property. This argument lacks merit. Abating nuisances on private property is an improvement See, e.g., Minn. Stat. §429.021, subd. 1 (1994) (listing authorized improvements). 3. Due Process Singer contends he was denied due process of law. He also claims that he was entitled to a hearing before the City Council rather than a hearing offi- cer. Due process means that the property owner is entitled to a reasonable notice and heating before his property is subjected to the lien of a special assessment for a local improvement. Meadowbrook Manor, Inc, Y. City of St. Louis Park, 258 Minn. 266, 270, 104 N. W-2d 540, 543 (1960). The City followed the procedures specified in Minneapolis, Minn., Code of Ordinances § 227.100 by mailing Singer notice and conducting a hear- ing before a hearing officer prior to imposing the special assessment. The ordinance does not grant Singer a right to a hearing before the City Council. These ordinances do not deny Singer due process of law. 4. Other Issues We agree with the district court that the other issues Singer raises do not pertain to the validity of the special assessment. Affirmed. 45 Court of Appsels MAY 3,1996 FINANCE AND COMMERCE APPEIJATE COURTS EDfROk This opinion will be unpublished and may not be cited except as provided by Minn. Start § 480A.08, sarbd. 3 (1994) STATE10 MINNESOTA IN (M � I y RT OPAPPEALS Washington County Foley, Judge - District Court File No. C1- 943110 James Michael, Mary R. Vasaly Cvnthia F. Gilbertson Respondent, Maslon Ede:man Borman & Brand 3300 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 vs. John B. Pfaff, and all other Charles Bans persons unknown having or Jennifer A. Tenenbaum claiming an interest in the Seth M. Colton property described in the Maun & Simon, PLC complaint herein, 2900 Norwest Center 90 South Seventh Street Appellants. Minneapolis, MN 55402 Filed April 30, 1996 Office of Appellate Courts Considered and decided by Klaphake, Presiding Judge, Randall, Judge, and Foley, J 'Retired judge o1 the Minnesota Court of Appeals, serving by appan(ment pursuarn to Minn. Corot an N, 5 2. UNPUBLISHED OPINION FOL.EY, Judge (Hon. Smith R Eggleston, District Court Trial Judge) A coowner of real property appeals the district court's award of certain fees and costs associated with the partition of the property. The district court did not abuse its discretion in imposing those fees and costs, and we affirm. FACTS Appellant John Pfaff and respondent lames Michael each owned an undivided one -half interest in real property. In 1994 Michael commenced a partition action. Michael sought an immediate public sale of the proper- ty. Pfaff agreed that the property should be sold, but only after appraisals and a private auction. The district court agreed to Pfaff's demands and ordered two appraisals of the property and a private auction. The appraisals valued the property at 5580,000 and $645,000 respectively. There were no buyers for the property at those paces. The district court amended its order and granted Michael's request for an immediate public auction without a minimum price. Michael made all the arrangements for the sale. Pfaff and Michael were the only bidders at the sale. Pfaff submitted the highest bid and purchased the property for $500,000. The district court granted Michael's petition for $24,799.79 in costs and fees associated with the sale from the sale proceeds. Because these deduc- tions occurred before disbursement to the parties, the district court effec- tively required Pfaff to pay one half of Michael's total attorney fees. The district court reduced Pfaff's proceeds by $38,139.63 for past property taxes and interest on the taxes that had been paid by Pfaff. The court fur- ther reduced Pfaff's proceeds by $3,812.36 for past rents and interest on the rents collected by Pfaff. The district court finally ordered Pfaff to pay the entire $6,200.00 cost of the two appraisals. Pfaff appeals the district court's imposition of fees and costs. He argues that the district court erred by requiring him to pay one -half of Michael's attorney fees, interest on the back taxes, interest on the past rents, and the entire cost of the appraisals DECISION Assessment of fees and costs in an action for partition lies within the dis- cretion of the district court. Kuller v. Koller, 260 Minn. 256, 260, 109 N.W.2d 561, 563 (1961). The district court's determination of reasonable fees and costs is a finding of fact and will not be reversed unless clearly erroneous. Amerman v, Lakeland Dev. Corp., 295 Minn. 536, 537, 203 N.W.2d 400, 400-01(1973) (per curiam). The costs and charges of a partition of real property 'shall be paid by the parties respectively entitled to share in the land, and the amounts to be paid by each shall be determined by the court ' ' " ' Minn. Stat. §558.10 (1994). The district court deducts the general costs of a partition action from the proceeds of the auction before distributing proceeds to the par- ties. Minn. Star. §558.16 (1994). When the final partition of the propen benefits both parties, the court may, in its discretion, award atlomey fees to the plaintiff. Hanson v. Ingwaddson, 84 Minn. 346 -47, 87 N.W. 915, 915 (1901) (per curiam); Kuller, 260 Minn. at 260, 109 N.W.2d at 563. Pfaff argues that the district court abased its discretion by requiring hm to pay one -half of Michael's attorney fees when the parties disputed the partition action. See Kuller,260 Minn. at 260,109 N.W.2d at 563 (permit- ting district court to deny attorney fees when the action was adversarial and where the defendant derived no benefit from the sale). Pfaff and Michael never disputed the partition itself; they merely disagreed about the form of the sale. Pfaff derived a substantial benefit from the sale: he purchased the property at a price far below its lowest appraised value. Because the action was adversarial only regarding the form of the sale and Pfaff derived substantial benefits from the sale, the district court did not abuse its discretion by ordering Michael's reasonable and necessary costs and fees paid from the sale proceeds. Pfaff argues that the district court erred by ordering him to pay the entire cost of the appraisals. Pfaff demanded the appraisals. No buyers could be found at the appraised property values. The court eventually ordered a public auction without regard to the appraised values. Pfaff finally pur- chased the property well below the appraised value. The appraisals appear to have benefitted neither party and merely added expense and delay. The district court did not abuse its discretion by ordering Pfaff to pay the costs Of the appraisals. Pfaff concedes that he must pay one -half of the property taxes that had been paid by Michael. He argues that the district court erred by requiring him to pay interest on those taxes. When property taxes are paid by • any occupant or tenant, or any other person, a h ich, by agreement or otherwise, ought to have been paid by the •'• other party in interest, such occupant, tenant, or other person may recover by action the amount •" with interest thereon at the rare of 12 per- cent per annum' ' Minn. Star §272.45 (1994). Pfaff and Michael jointly owned the property. Pfaff acknowledged his obligation to reimburse Michael for the taxes. The statute provides that Michael may recover interest on these past taxes. The district court did not abuse its discretion by requiting Pfaff to pay interest on those past taxes. Pfaff leased space for a billboard sign on the property but never shared the roots with Michael. He admits he must now pay one -half of those rents to Michael, but argues that the district court abused its discretion by order- ing him to pay interest on Michael's share of those past rents. The district court may order prejudgment interest when damages are readily ascertain- able by computation and reference to market values. Summit Court, Inc. v. Northern States Power Co., 354 N.W.2d 13,16 (Minn. 1984). Pfaff's decision to withhold the rents from Michael prevented Michael from enjoying the benefit of those funds. The district court's decision to order interest merely restored Michael to the position he would have been in had Pfaff properly shared the rent income. The district court did not abuse its discretion by ordering Pfaff to pay interest on the past rent income. A !Irmed. Court of Appeals 46 M Hutchinson Safety Council 0 May 1996 The May meeting of the Hutchinson Safety Council was held at noon, May 20th at the McLeod County Heritage Center. Fourteen members were in attendance. Bob Bowen, retired 3M employee who was in charge of training and the proper handling of hazardous materials, presented the program. There are manv laws, as well as company rules for compliance and safety in the handling of these materials, with strict documentation required. Bob provided training for truck drivers so they could be certified to transport hazardous materials. There is a surprisingly large quantity and a great many different hazardous materials that are transported on our highways. He then showed a video entitled "Reactive and Explosive Materials ". These materials are commonly found in industry, laboratories, universities, hospitals, and farms. There are nine different classifications for these materials; Explosive A and B, Flamable Liquid, Oxidizer, Organic Peroxide, two Flamable Solids, Flamable Gas and Non- Flamable Gas. It showed the danger of not handling these materials properly. Dave Mueller, Hutchinson Police Bicycle Officer, thanked the Safety Council for their cash donation and for those who volunteered to help at the Bike and Blade Bonanza that was held May 4th. There were 6 participants this year compared with 750 last year, and it was considered to be another success. • Cory Stott:,; President, announced that next month the program will be on Traffic Preemption Systems. Tie next meeting will be at noon, June 24th, at the Heritage Center. Res' tfully, submitted, I Acting Secretary C J 0 PIONEERLAND LIBRARY SYSTEM BOARD MEETING May 16,1996 The PLS Board meeting was held at the Appleton Civic Center Meeting was called to order at 7:55 by President Orville Rudningen. Roll call was given with 23 members present, 10 excused and 9 absent Cindy Hendricks and Herbert Rotunda gave a welcome and told us interesting facts about Appleton and its library. The agenda was approved as printed Mclain/Oxenreider moved acceptance of Minutes of April 18, 1996 meeting, approved Robin Chaney, SAA= coordinator from Marshall explained the structure and function of Southwest Area Multicounty Multitype Interlibrary Exchange and Pioneerlands association with SAMMIE. COMMITTEE REPORTS The Finance Committee did not meet prior to the Board meeting because 18 members • toured the Prairie Correctional Facility just south of Appleton 6:00 p.m to 7:30 p.m Members saw not only the workings of the prison but Pioneerlands association with their library. Finance will meet on June 11. John assured us that all claims will be paid Ivey Vonderhatr gave the Personnel Committee report. Resigantion of Milan librarian Arlene Larson, effective June io was accepted. Motion by Sanders/Berg-Perry to approve position of Special Coordinator for Pioneerland library under the Green Thumb program approved Orville Rudningen gave the Policy Committee report. Board membership as addressed in the agreement was discussed. Page 4, Sec. IV 2.a; word "between" is to be changed to "among". Page 2 Sec. IL 2. "Each County Board of Commissioners shall appoint 1 additional Pioneerland Board member per each 6000 county population, excluding the Signatory cities within that county. The Signatory cities shall appoint 1 additional Pioneerland board member for each 6,000 population within that city.." This was to replace the part not underlined_ Johnson'Bonm moved to accept the amended Amement Approved 0 0 Dennis Hauer reported on the Automation Committee meeting. John Houlahan explained the Automation Project and System cost per library. A telecommunication grant will cover the initial work of networking all 31 libraries. Then we will also get some state finding for Maintance, possibly for 4 years. LeRoy Sanders gave the System Study Committee report They are working with Clarkfield on getting them into the system. The committee is looking at using "Essential and Recommended Standards" documents to format our own PLS document The committee will look for approval of the Long Range Plan at our June meeting. Motion by Sanders/Hauer to approve our Delivery Services contract with ECSU. approved. John Houlahan explained the'need for anew OCLC work station for the Service Center. Sanders/Bonm moved to purchase the OCLC 5133 workstation with the $5,000 budgeted for equipment in calendar year 1996. Approved. Report of Director and Assistant Director was accepted. Motion was made by Sanders /Johnson that we write a letter of Mort for the Dawson library in their search for funds for their new library. Approved. is Announcements made were : The Facilities Committee will meet in summer after June 24. Notification to be sent out Next meeting will be Thursday, June 20, 1996, 7:30 p.m, Kandiyohi County Highway Department, Willmar. Botim./Sanders moved toadjourn, Approved 9:10p.m. i Ivey Vo derharr, Secretary 0 EXPENSES: ri Vdv CQnL iIu LDMI r%1 JIJICM 90,684.35 357,610.38 COMBINED REVENUE AND EXPENDITURE REPORT 33% HEALTH INSURANCE 2,788.07 APRIL 30, 1988 39,927.00 28% 33% CURRENT YEAR -TO CURRENT % OF % OF INCOME: MONTH DATE BUDGET BUDGET YEAR • RESERVE 0.00 0.00 180,177.00 0% 33% CITY OPERATING 144,203.25 291,406.50 573,700.00 51% 33% COUNTY OPERATING 219, 701.85 388,123.05 774,394.00 48% 33% STATE OPERATING 0.00 88,424.00 325,000.00 20% 33% FEDERAL OPERATING 0.00 0.00 60,000.00 0% 33% CAPITAL 0.00 5,000.00 5,500.00 91% 33% GIFTS 242.70 3,457.08 8,600.00 40% 33% INTEREST 599.29 2,209.83 5,500.00 40% 33% CHARGES, FINES 563.59 1,880.04 3,985.00 47% 33% COPY MACHINE 1,464.34 5,612.77 17,875.00 31% 33% EQUIPMENT RENTALS 33.70 180.75 325.00 56% 33% BOOK SALES 3.10 93.52 2,242.00 4% 33% FAX MACHINE 16.90 94.05 200.00 47% 33% SYSTEM SERVICES 825.00 12,185.00 14,830.00 82% 33% EXTENSION 0.00 -77.90 8,000.00 -1% 33% OTHER 231.09 2,548.76 8,282.00 41% 33% TOTAL INCOME 367,664.61 759,137.45 1,984,610.00 38% 33% EXPENSES: SALARIES 90,684.35 357,610.38 1,136,078.00 31% 33% HEALTH INSURANCE 2,788.07 11,152.28 39,927.00 28% 33% INSURANCE- DEDUCT 0.00 2,811.30 13,440.00 21% 33% • HEALTH PAYROLL TAXES 10,240.39 40,540.43 131,919.00 31% 33% BOOKS 21,344.35 79,438.38 218,190.00 36% 33% BOOKS- BIG STONE 159.94 632.10 0.00 0% 33% PERIODICALS 1,007.00 27,756.42 46,103.00 80% 33% VIDEOS 418.92 10,387.94 16,825.00 62% 33% BINDINGS 143.37 143.37 1,305.00 11% 33% OCLC AND OTHER CHARGES - 115.50 6,289.75 25,000.00 25% 33% COM VENDOR CHARGES 708.53 20,755.72 22,000.00 94% 33% VEHICLE OPERATIONS 44.49 11,941.69 27,500.00 43% 33% VEHICLE INSURANCE 0.00 951.17 0.00 0% 33% TELEPHONE 1,087.05 4,850.38 16,000.00 30% 33% POSTAGE AND SHIPPING 1,109.45 4,941.60 13,149.00 38% 33% NEW EQUIPMENT 391.74 7,298.09 22,548.00 32% 33% MAINTENANCE CONTRACTS 1,518.17 2,932.23 16,165.00 18% 33% SUPPLIES 2,585.44 14,299.28 32,608.00 44% 33% PROMOTIONAL & PROGRAMS 1,586.51 2,638.74 4,894.00 54% 33% MILEAGE - STAFF 1,143.92 2,464.96 9,000.00 27% 33% MILEAGE - TRUSTEES 793.99 1,938.68 5,350.00 36% 33% MEMBERSHIPS 54.00 1,187.00 0.00 0% 33% INSURANCE 161.32 12,201.32 15,169.00 80% 33% ADS & LEGAL FEES 0.00 0.00 911.00 0% 33% AUDITING 0.00 2,040.00 2,072.00 98% 33% BOOKKEEPING 625.00 2,500.00 7,502.00 33% 33% CONTINUING EDUCATION EXTENSION CONTRACT 0.00 52.49 392.88 2,552.39 3,500.00 22,677.00 11% 11% 33% 33% LEGAL FEES 0.00 0.00 2,500.00 0% 33% SALES TAX 0.00 270.01 2,792.00 10% 33% TOTAL EXPENSES 138,492.99 632,898.47 1,855,122.00 34% 33% FVNOS AVAILABLE 229 1 91 82 25 29R 98 00 0 -04 gin 28 May 1996 *Balanc'e Sheet Page 1 Tue 2:54 PM Pioneerland Library System April 30, 1996 • Y -T -D Description Balance FUND 01 SYSTEM ACCRUED WAGES PAYABLE S.L. Type 1 Asset 2,427.48cr CASH 65.70 • 813,770.85 PETTY' CASH 'AAL CAPITAL MANAGEMENT CORP 1,159.65 PREPAID EXPENSE 0.00 2,596.00 VEHICLES HEALTH INSURANCE PAYABLE 13,038.00 ACCUMULATED VEHICLES 1,304.00cr FURNISHING & EQUIPMENT 288,702.08 ACCUMULATED DEAR- FURN & EQUIP 106,221.00cr BOOKS, PAINTINGS, ETC 2,484,468.06 ACCUMULATED OEPR- BOOKS, PAINT 819 ,1672.00cr 2,676,537 04 Totals G.L. Type 1 Asset G.L. Type 2 Liability ACCOUNTS PAYABLE 34,685.30cr ACCRUED WAGES PAYABLE 33,770.59cr ACCRUED FED TAXES PAYABLE 2,427.48cr ACCRUED STATE TAXES PAYABLE 65.70 • PERA PAYABLE 1,075.85cr 'AAL CAPITAL MANAGEMENT CORP 0.00 GREAT WEST PAYABLE 0.00 LIFE INSURANCE PAYABLE 0.00 HEALTH INSURANCE PAYABLE 0.00 MN STATE RETIREMENT•PAYABLE 0.00 SA`INGS BOND PAYABLE 0,00 FLEX PLAN PAYABLE 4,407.13cr 76,200.65cr Totals G.L. Type 2 Liability G.L. Type 3 Equity UNRESERVED FUND BALANCE 543,214.61cr VACATION /SICK RESERVE 0.00 AUTOMATION RESERVE 64,366.63cr GIFT RESERVE 0.00 BUILDING FUND RESERVE 320.00cr FURNITURE & EQUIPMENT RESERVE 1,859,011.14cr VEHICLE RESERVE 7,185.03cr COMPUTER RESERVE 0.00 CURRENT YEAR NET 126,238.98cr 2.600.336.39cr Totals G.L. Type 3 Equity Grand Total 0.00